اتفاقية حساب الدفع
Last updated: August 19, 2024
This agreement, hereinafter referred to as the اتفاقية حساب الدفع (the “اتفاقية حساب الدفع” or “Agreement”), is established pursuant to Article 10 of Circular 7/w/2016 concerning the terms of payment services concluded between the following two parties (the “Parties”):
Maroc Traitement de Transactions, abbreviated as (M2t), a payment institution licensed by Bank Al-Maghrib,
Hereinafter referred to as the « Payment Institution » ou « M2t »
On the one hand;
AND,
(1) Natural Person
Mr./Ms: ………………………………………………………………………………………………………………………………….
Identity Document No: …………………………………………………………………………………………………………….
Address: …………………………………………………………………………………………………………………………………
Phone Number: ………………………………………………………………………………………………………………………
Payment الحساب Number: ……………………………………………………………………………………………………….
Type of Payment الحساب: ………………………………………………………………………………………………………..
فتح الحساب Date: …………………………………………………………………………………………………………….
Hereinafter referred to as the “Client” « Client »
On the other hand.
The Client formally declares that:
- The above information is accurate, and the Client acknowledges having read the general terms and conditions as well as the fees related to the payment account (the “Payment الحساب”) and having received a copy of these terms, and fully and entirely agrees to them without any reservation or restriction. Furthermore, the Client declares that the documents and supporting evidence provided for the opening of the Payment الحساب(s) and throughout the duration of the Agreement are, as of the date they are submitted, accurate, regular, and truthful.
- The main objective of this Agreement is to regulate the relationship established between the Client and the Payment Institution within the framework of opening the Payment الحساب and the associated payment services. Under the terms of this Agreement, the Payment Institution agrees to make one or more Payment الحسابs available to the Client, allowing them to carry out a range of operations according to the opening, operation, and closure terms stipulated below.
ARTICLE 1: Opening a Payment الحساب
The Payment الحساب is an account held by an individual for strictly private use and is exclusively used for carrying out payment transactions. Its opening requires the prior identification of the Client according to the procedures specified in Article 9 of Circular 7/w/2016 concerning the terms of payment services, which include:
The Client may open a Payment الحساب by choosing one of the following types:
- Level 1 Payment الحساب: The Client may open this type of account via a mobile application previously downloaded and installed on their phone (“Skypay Application”). The balance of this Payment الحساب is capped at one thousand (1,000) dirhams and cannot exceed this amount under any circumstances. Opening this Payment الحساب requires the Client to have an active national phone number and to provide their full name,
first name, and the number of an official, valid identity document issued by an authorized Moroccan authority. The Client certifies the accuracy of the information declared when opening the Payment الحساب and acknowledges full responsibility for it.
- Level 2 Payment الحساب: To hold, transfer, receive, or pay an amount exceeding one thousand (1,000) dirhams but not exceeding a maximum of four thousand (4,000) dirhams, the Client must complete the upgrade procedure to “Level 2.” The Client must initiate their upgrade request by logging into the designated section of the Skypay Application and scanning a valid identity document issued by an authorized Moroccan authority or a recognized foreign authority. The balance of this account cannot exceed a limit of four thousand (4,000) dirhams under any circumstances. The Client certifies the accuracy of the information declared during the upgrade procedure and assumes full responsibility.
- Level 3 Payment الحساب: To hold, transfer, receive, or pay an amount exceeding four thousand (4,000) dirhams but not exceeding twenty thousand (20,000) dirhams, the Client must complete the upgrade procedure to “Level 3.” In addition to signing this Agreement, the Client must initiate their upgrade request by logging into the designated section of the Skypay Application, scanning their valid identity document, and providing real-time proof of life by making movements in front of the camera. The identity is then verified by comparing the captured image with that on the ID to validate the upgrade to Level 3.
- Level 4 Payment الحساب: To hold, transfer, receive, or pay an amount exceeding twenty thousand (20,000) dirhams but not exceeding one hundred thousand (100,000) dirhams, the Client must complete the upgrade procedure to “Level 4.” In addition to signing this Agreement, the Client must initiate their upgrade request by logging into the designated section of the Skypay Application, scanning their valid identity document, scanning a proof of residence (such as a water, electricity, or telephone bill by taking a front-facing photo). The opening of a Level 4 Payment الحساب requires an interview with the account holder to gather all necessary information to verify their identity, including the official identity document provided, their income, and proof of residence. The balance of this account cannot exceed a limit of one hundred thousand (100,000) dirhams under any circumstances.
ARTICLE 2: Characteristics and Operation of the Payment الحساب
2.1 The operation of the Payment الحساب is governed by Circular 7/w/2016 concerning the terms of payment services at the level of payment accounts as defined by Law 103-12 relating to credit institutions and similar entities.
2.2 The Client may create multiple Payment الحسابs (Level 1, Level 2, Level 3, Level 4), capped respectively at one thousand (1,000) dirhams, four thousand (4,000) dirhams, twenty thousand (20,000) dirhams, and one hundred thousand (100,000) dirhams.
2.3 When the Client holds multiple Payment الحسابs with the Payment Institution, the total balance of their accounts cannot exceed the aforementioned limit of one hundred thousand (100,000) dirhams.
2.4 All operations conducted on the Payment الحساب are carried out in cash using the local currency of the country, which is the dirham.
2.5 The Payment الحساب cannot, under any circumstances, show a debit balance. Therefore, before making transfers, payments, or cash withdrawals, the Client must ensure that the Payment الحساب has a sufficient and available balance, including already authorized transactions.
2.6 The Payment Institution reserves the right to reject any order from the Client that would result in a debit balance on the Payment الحساب.
2.7 The Payment الحساب is authenticated and recognized by a bank account statement(RIB).
2.8 The consultation of the Payment الحساب is conducted via the Skypay Application using a mobile device equipped with an Android or iOS operating system and an internet connection. The costs of internet access and any communication charges remain the responsibility of the Client.
2.9 Access to the Payment الحساب is available 7 days a week and 24 hours a day, except during maintenance or updates of the Skypay Application or the website www.skypay.ma
2.10 A statement of the payment transactions carried out can be accessed through the Skypay Application. This statement includes, for each transaction, the following information:
- The description of the transaction;
- The amount of the transaction;
- The debit or credit nature of the amount;
- The date of execution of the transaction;
- The nature and amount of the fees charged and taxes deducted.
2.11 The Client authorizes the Payment Institution to make corrections to debit and credit entries, where such entries in the Client’s Payment الحساب result from an error or are found to be unjustified for any reason, or whenever the underlying transactions related to these entries in the payment account are contested or claimed by any third party to the اتفاقية حساب الدفع.
2.12 The Client is responsible for all transactions carried out on their mobile device. The Client agrees to verify the accuracy of the transaction details, specifically the beneficiary’s phone number and the transaction amount, before executing the transaction. Once validated, transactions are irreversible for the Client.
ARTICLE 3: Payment Services Available on the Payment الحساب
3.1 The Payment Institution offers the Client the possibility to perform a set of operations on the Payment الحساب.
3.2 The list of operations that can be performed on the Payment الحساب may be modified at any time by the Payment Institution.
3.2.1 Transfer:
- The Client may perform outgoing transfers corresponding to the transfer of an amount of money from their Payment الحساب to the payment account of another Client of the Payment Institution or a peer.
- The Client may also receive incoming transfers corresponding to the transfer of an amount of money from a third party to their Payment الحساب.
- It should be noted that transfer operations depend on the national switch, which ensures the routing of transaction flows, the management of transaction authorizations, and their settlement between institutions.
- The Client must ensure the accuracy of the beneficiary’s phone number. The Client remains solely responsible for the accuracy of the beneficiary’s details entered and releases the Payment Institution from any liability in case of an error in the beneficiary’s phone number or the transaction amount. Indeed, once validated, transactions are irreversible for the Client.
3.2.2 Bank Transfer:
- The Client may perform outgoing bank transfers corresponding to the transfer of an amount of money from their Payment الحساب to a bank account.
- The Client may also receive incoming bank transfers corresponding to the transfer of an amount of money from a bank account to their Payment الحساب.
- The Client must ensure the accuracy of the beneficiary’s RIB (Relevé d’Identité Bancaire). The Client remains solely responsible for the accuracy of the beneficiary’s details entered and releases the Payment Institution from any liability in case of an error in the beneficiary’s RIB or the transaction amount. Indeed, once validated, transactions are irreversible for the Client.
3.2.3 Availability of Funds:
- The Client may perform fund availability operations from the service to a payment agency within the M2t network or through a withdrawal at an ATM (Automated Teller Machine).
- The Client is required to provide all necessary identification elements in the Skypay Application to identify the beneficiary of the fund availability (name, surname, phone number, amount of the availability). The Client must ensure the accuracy of the entered information. The Client remains solely responsible for the accuracy of the beneficiary’s details entered and releases the Payment Institution from any liability in case of an error in the beneficiary’s information. Indeed, once validated, transactions are irreversible for the Client.
3.2.4 دفع الفواتير:
The Payment Institution performs intermediation operations and allows its Clients to pay their bills through their Payment الحساب. All partner billing companies of the Payment Institution will be displayed in the Skypay Application and on the website www.skypay.ma.
Modifications may be made at any time to the list of partner billing companies (modification, addition, removal).
3.2.5 Merchant Payments:
The Payment Institution offers its Clients the possibility to make purchases of goods and services.
3.2.6 Funding the Payment الحساب:
The Client may perform funding operations for their Payment الحساب at a payment agency of the M2t service. The Client initiates this operation from the Skypay Application by specifying the amount of the funding (Cash In) and performs the funding operation at the agency by communicating a digital token (Token) valid for a duration of 48 hours.
3.2.7 Withdrawal from the Payment الحساب:
The Client may perform withdrawal operations from their Payment الحساب at a payment agency of the M2t service. The Client initiates this operation from their Skypay Application by specifying the amount for Cash Out and performs the withdrawal operation at the agency or an ATM by communicating a debit token valid for a duration of 48 hours.
ملاحظة: It should be noted that the services mentioned above will be activated progressively.
ARTICLE 4: Protection of Personal Data
4.1 In accordance with current regulatory provisions regarding the protection of individuals with respect to the processing of personal data, the Client gives consent to the Payment Institution to process their personal data for the management of customer account maintenance.
4.2 The Client further consents to the communication of their personal data to the parent company of the Payment Institution, its subsidiaries, its subcontractors, account-holding institutions for fund transfers, competent authorities, information centers, duly licensed insurance companies and brokers, and authorized rights holders, guardians, and representatives.
4.3 The Client, upon proving their identity, has the right to access their personal data, the right to rectify it, as well as the right to object, for legitimate reasons, to the processing of their data, unless such data is collected under a law. To exercise their rights, the Client should contact the customer service center at 05 21 115 116 or via email at support@skypay.ma.
The duration of retention of these personal data by the Payment Institution is in accordance with current regulations. This processing has been authorized by the CNDP under number: A-GC-181/2018.
ARTICLE 5: Closure of the Payment الحساب
The اتفاقية حساب الدفع shall cease:
5.1 Automatically in the event of the Client’s death: In the event of the death of the Client holding the Payment الحساب, the Payment Institution must be notified without delay to close the Payment الحساب according to the applicable procedure. The available balance in the deceased’s Payment الحساب shall be transferred to the rightful heirs.
5.2 By the Client’s request: At any Chaabi Cash or Tasshilat agency, the Client may present themselves, accompanied by their identification document, in order to close their Payment الحساب and recover their available balance, less any fees related to the closure or any ongoing transactions. If the available balance in the Payment الحساب is insufficient to cover the fees for ongoing transactions, the Client agrees to pay, prior to any closure, the amount of the remaining fees owed. A request for the closure of the Payment الحساب and a discharge receipt (in the case of a non-zero balance in the Payment الحساب) will be provided to the Client.
5.3 At the initiative of the Payment Institution:
The Payment Institution reserves the right to proceed with the closure of the Payment الحساب without prior notice and without a formal demand in all cases where it is exempted from doing so by law and applicable regulations, notably:
- if the Client fails to meet any of their obligations or if they have made statements or provided information that are found to be false or inaccurate;
- in cases where the Payment الحساب is used for fraudulent or illegal purposes;
- at the request of competent authorities; and
- in cases of inactivity on the Payment الحساب in accordance with Article 503 of the Commercial Code.
ARTICLE 6: Acceptance and Electronic Signature
6.1 Acceptances made between the Parties electronically, including techniques of authentication using one-time passwords, shall have the same evidentiary value as agreements on paper.
6.2 The computerized records maintained in the information systems are kept under reasonable security conditions and shall be considered as evidence of communications that have occurred between the Parties.
ARTICLE 7: Modification of the Terms of the Agreement
7.1 The provisions of this Agreement may evolve due to legislative or regulatory measures. In such cases, the modifications shall take effect on the date of application of the relevant measures without the Client being able to oppose them.
7.2 The Payment Establishment also reserves the right to modify any or all of the additional clauses of this Agreement.
7.3 Any modification will be subject to prior notification communicated to the Client.
ARTICLE 8: Termination of the Payment الحساب
8.1 The use of the Payment الحساب is offered for an indefinite duration. The Payment Establishment also reserves the right to suspend or terminate the service at any time by giving a thirty (30) day notice of termination. It should be noted that the rights granted to the Client will also be terminated, thus requiring the Client to cease any use of the Payment الحساب.
8.2 The Client may terminate the Agreement at any time by visiting their agency in the Chaabi Cash or Tasshilat network with their identification document. The Client fills out and signs the termination request at the agency. Once the request is validated internally, the Client will receive their final balance upon signing an acknowledgment of receipt of the final balance.
ARTICLE 9: Mediation
Any dispute or disagreement arising now or in the future regarding the interpretation, execution, or termination of this Agreement must be submitted to the Moroccan Banking Mediation Center (CMMB), located at the corner of Avenue Hassan II and Rue Ahmed Touki, BP 15807 Casa Principal, Casablanca 20080, in accordance with the mediation regulations.
ARTICLE 10: Translation and Interpretation
In case of discrepancies between the various translations of this Agreement, the French version shall prevail and take precedence. All interpretations and resolutions of disputes will be based on the French version of these terms.
ARTICLE 11: Jurisdiction
The Parties agree that disputes arising from the interpretation or execution of this Agreement shall fall under the jurisdiction of the commercial courts at the registered office of the Payment Institution or at the latter’s choice.
ARTICLE 12: Domicile Election
The Parties agree to elect domicile as follows:
- For the Payment Institution, at its registered office located at the address mentioned
below
- For the Client, at their last address communicated to the Payment Institution.