Terms of Service

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of our Services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. Payvessel is owned and controlled by Nex Panther Technologies Limited. These Terms of Service are an Agreement between you and Payvessel for your use of Payvessel. By accessing or using the Services, you agree to be bound by these Terms.

Eligibility

Payvessel is a B2B (Business to Business) platform and does not provide services to individuals. To use Payvessel, you must create a Payvessel account by registering on our platform. While registering, you will provide us with certain information such as your email, first name, last name, business name, and phone number, business address and we may seek to verify your information (by ourselves or through third parties), after which we will approve your account unless we deem otherwise in our sole discretion. In order to conduct transactions on our platform, you must create a business account and verify your business by providing your Personal Information Document, Bank Verification Number (Compulsory), Video Confirmation, and Proof of Address. Without limiting the foregoing, we reserve the right to deny, suspend or terminate delivery of our Service to businesses who present an unacceptable level of risk as determined by regulatory, industry, and our standards. If you alter any information provided to us at registration, you agree to notify us within 14 days of such alteration. We may be unable to respond to you if you contact us from an address, telephone number, or email account that is not registered with us and/or has not been used to previously contact us.

Relationship

Payvessel facilitates your transfer to and receipt of funds from third parties. By using our platform, you acknowledge and agree to the following:

  • Payments are driven by account numbers, not beneficiary names.
  • Payments are applied to the beneficiary account numbers provided by you.
  • Any failed payment instruction will be automatically retried.
  • You are responsible for the accuracy of all data supplied on the platform.
  • Nex Panther and partner banks are not liable for any incorrect data uploaded by you.
  • Nex Panther is not a bank and does not hold customer funds.
  • We do not act as a trustee, fiduciary, or escrow for your funds.
  • Until a payment is accepted by the recipient, you retain ownership but cannot withdraw or redirect those funds.
  • We host and maintain the service online but do not control the products or services paid for.
  • Inform us of any change in control or ownership of your business.
  • Inform us of any new alliances, joint ventures, or business arrangements with foreign entities.
  • Comply with all applicable payment schemes, card usage, and merchant standards.
  • We may terminate this Agreement if your contract with a payment scheme or bank partner is terminated.
  • Do not submit any illegal or fraudulent transactions.
  • Prevent fraud and assist us in its detection.
  • You are responsible for the actions of your employees, agents, and representatives and will indemnify us for any losses due to their actions or inactions.

Acceptable Use Of Policy

As a user of Payvessel, you agree not to use our services in connection with any product, service, transaction, or activity that:

  • Falls within the Prohibition List of the Nigerian Customs Service and the Nigerian Investment Promotion Commission.
  • Relates to the sale or purchase of prohibited substances, blood, bodily fluids, body parts, burglary tools, counterfeit items, illegal drugs, explosives, identity documents,
    lottery tickets, offensive materials, hate speech, police badges, chemicals, recalled items, unlicensed financial services, stolen property, infringing items, unauthorized currency sales, pornography, firearms, and any illegal products or services.
  • Transactions that show personal information in violation of our rules, are paid with or enable cryptocurrency exchange with Naira, violate money transfer guidelines, support pyramid schemes, offshore banking, money laundering, gambling, or any unauthorized activity.
  • Your information and activities must not be false, fraudulent, related to terrorism, infringing on rights, violating laws, defamatory, obscene, contain harmful programming, or create liability for us.
  • Misuse of the Service, including tampering, hacking, or corrupting its security, will result in account termination and potential legal penalties, including criminal prosecution.

Disclaimers and Limitations of Liability

Each of the subsections below only applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”: Your access to and use of Payvesel is at your own risk. You understand and agree that the Services are provided to you on an “AS-IS” and “AS- AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Nex Panther Technologies DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Nex Panther Technologies makes no warranty, or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of Payvesel; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Payvesel; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Nex Panther Technologies or through Payvesel, will create any warranty or representation not expressly made herein.

B. Links: The Services may contain links to third-party websites or resources. You acknowledge and agree that the Nex Panther Technologies are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nex Panther Technologies of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability: To the maximum extent permitted by applicable law, Nex Panther Technologies shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use Payvesel; any conduct or content of any third party on Payvesel, including without limitation, any defamatory, offensive, or illegal conduct of other merchants or third parties; any content obtained from the services; or unauthorized access, use or alteration of your transmissions. In no event shall the aggregate liability of the Nex Panther Technologies exceed the greater of one hundred thousand naira only (₦100,000.00) or the amount you paid Nex Panther Technologies. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Nex Panther Technologies have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

D. Controlling Law and Jurisdiction: These Terms and any action related thereto will be governed by the Nigerian laws without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the use of Payvesel will be brought solely in the Federal or State Courts located in the Federal Republic of Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

E. Indemnity: The Merchant shall indemnify and hold Nex Panther Technologies harmless from and against all actions, proceedings, costs, claims, demands, charges, expenses (including legal expenses), liabilities, fines, levies, losses and damages, whether arising in tort, contract or common law, which Nex Panther Technology may suffer or incur to the extent arising out of or in consequence of or in connection with:

  • Any claim against Nex Panther Technology from a customer, cardholder, scheme, issuer, financial institution, acquirer, or third party arising from a transaction, whether or not previously remitted to the Merchant.
  • Any claim against Nex Panther Technology due to any aspect of this Agreement, including security breaches or data theft, regardless of Merchant control.
  • Enforcement or attempted enforcement of this Agreement, including recovering sums owed to Nex Panther Technology.
  • Protecting Nex Panther Technology’s interests in connection with this Agreement, including costs of third parties nominated or instructed by Nex Panther Technology.
  • A breach by the Merchant of any provisions of this Agreement.
  • Any transaction, even if later discovered to be fraudulent.
  • Any negligent act or omission or willful misconduct by the Merchant, its representatives, or agents.
  • Any unapproved modification of Payvesel or any content published via Payvesel.
  • If the Merchant is a partnership, each partner is jointly and severally liable under this Agreement.
  • If fraudulent activity is associated with the Merchant's accounts, Nex Panther Technology may restrict the account and report to law enforcement agencies.

Transaction Limits

Nex Panther Technology reserves the right to impose transaction limits for transactions that are passed through Payvessel for any reason upon notice to the Merchant.

Service Fees And Charges

You agree to pay us for the Service. Our fees are exclusive of Value Added Tax and all applicable taxes and duties, which shall be borne by the Merchant.

  • Nex Panther Technologies reserves the right to revise fees and charges upon notice to the Merchant.
  • Nex Panther Technologies will deduct all fees and charges from transactions initiated via Payvessel before remitting to the Merchant/beneficiary.
  • Payments required to be made by the Merchant to Payvessel for the Service shall be payable without any deduction, claim, counterclaim, setoff, notice, or demand.
  • No fees or charges incurred by the Merchant under the Service shall be refundable in the event of termination.
  • The Merchant acknowledges that Payvessel may comply with instructions from participating banks within the Nex Panther Technologies network regarding any transaction to the Merchant’s settlement account, and no liability shall be imputed to Nex Panther Technologies for acting on such instructions.
  • If the Merchant’s settlement account bank ceases to belong to the Nex Panther Technology network, the Merchant shall provide an account with another participating bank within 14 working days of receiving written notice from Nex Panther Technologies.

Incomplete KYC

The Merchant acknowledges and accepts that if it is unable to provide all documents/information required under the Know-Your-Customer (KYC) exercise, during the onboarding process, you shall not be allowed to conduct any transaction Payvessel.

Our Remedies And Right To Terminate Or Restrict Your Activities.

Without limiting other remedies available to us, we may verify inaccurate or incorrect information you provide to us, contact you by means other than by electronic means, immediately warn our community of your actions, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or make payments), limit activities, indefinitely suspend or close your account, terminate this Agreement and refuse to provide our Services to you if:

  • You breach this Agreement or the documents it incorporates by reference.
  • We are unable to verify or authenticate any information you provide to us.
  • We believe that your account or activities pose a significant fraud risk to us.
  • We believe that your actions may cause financial loss or legal liability for you, our users, or us.
  • We believe that any applicable rule stipulated by the Payment schemes may affect your use of Payvessel.

Fraudulent Transactions

The Merchant shall establish a fraud desk that would aid in the investigation of suspected fraudulent transactions. In the event of a reported fraudulent transaction processed by the Merchant on behalf of its customers, the Merchant will be required to immediately hold the funds within thirty (30) minutes of notification (if settled) pending an investigation carried out by the fraud desks of the sending and receiving financial institutions in accordance with CBN CIRCULAR ON THE ESTABLISHMENT OF INDUSTRY FRAUD DESK BPS/DIR/GEN/CIR/02/004. The funds should be held for a maximum of seventy-two (72) hours to facilitate the conduct of investigations. The hold on the funds should be released after seventy two (72) hours if the sending institution cannot establish the Merchant or the Merchant’s customers collision in the fraud and no court order or relevant law enforcement order has been provided to extend the hold. The hold on the funds may extend past seventy-two (72) hours if a case of fraud has been established, subject to the provision of a court order or law or law enforcement order. During the course of the investigation, the fraud desks may require certain information on the Merchant and/or the Merchant’s customer(s). The information provided will be treated with full confidentiality as specified in this Agreement and will only be used for the purpose of the fraud investigation. Any requested information in this regard shall be provided by the Merchant within a period of six (6) hours from the time Nex Panther Technology makes a request. Salvaged funds shall be repatriated within twenty-four (24) hours from the time of Nex Panther Technologies’ request.

Privacy And Security

You agree to comply with all data privacy and security requirements of the Payment Card Industry Data Security Standard (PCI DSS Requirements”) and under any applicable law or regulation that may be in force, enacted or adopted regarding confidentiality, your access, use, storage and disclosure of Merchant information. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with and keep yourself abreast of these standards as may be changed from time to time. We acknowledge that you own all of your customers’ data. You hereby grant Nex Panther Technologies a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes:

  • Providing and improving the Service.
  • Internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data.
  • Complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws.
  • Any other purpose for which consent has been provided by your customer.

The Merchant agrees that Nex Panther Technologies may run further checks on the Merchant ’s identity, creditworthiness and background by contacting and consulting relevant registries and governmental authorities or any other relevant sources. Nex Panther Technologies is responsible for protecting the security of Payment Data in its possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in Nex Panther Technologies’ servers from unauthorised access and accidental loss or modification. Although, Nex Panther Technologies cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such personal information for improper purposes, Nex Panther Technologies will however take all reasonable and commercially achievable measures to address any security breach as soon as it becomes aware. You agree to use other procedures and controls provided by us and other measures that are appropriate for your business to reduce the risk of fraud. In the event that you suspect any fraudulent activity by a customer, you agree to notify Nex Panther Technologies immediately and stop the delivery of the service. In addition, where we suspect that there have been frequent fraudulent transactions on your account, we reserve the right to cancel the Service to you and/or your account.

Warranty

We warrant that the service will in all material respects, deliver on the agreed terms herein. Should the service be disrupted to such an extent that there is likely to be an adverse effect to the service provided, we will endeavor to notify you of such within a reasonable time. In the event of any service delay or failure, we shall take necessary steps to ensure speedy service restoration and reduce to the barest minimum the extent of such service failures. However, we shall not be liable to you for any loss or damage. The Merchant warrants that it is duly registered, and has the full capacity, legal and corporate authorisation to accept this Agreement and discharge the obligations and responsibilities created herein The Merchant warrants that it has adequate controls, safeguards, information technology security and effective internal controls for all its operations.

Confidentiality

By the nature of this Agreement, the parties may have access to information that is confidential to one another, such confidential information shall include all business and technical information whether it is received, accessed, or viewed in writing, visually, electronically, or orally. Confidential Information includes but is not limited to technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, specifications, procurement requirements, engineering information, samples, customers or projects, techniques, inventions, discoveries, know-how, and trade secrets. Confidential Information shall also include information and all such business or technical information of any third party that is in the possession of the Nex Panther Technologies. However, the term “Confidential Information” shall not include any information disclosed which:

  • Becomes publicly available or has previously been publicly available otherwise than through an act or negligence of the Merchant.
  • Is legitimately obtained at any time from a third party without breaching the confidentiality obligation or without restrictions in respect of disclosure or use.
  • Is already in or comes into the public domain at the time of executing this Agreement.
  • Is required to be disclosed by court order or any applicable law, regulation, or regulatory authority.

Each party agrees to maintain the confidentiality of such information and to protect the other party's confidential information by using all reasonable efforts to prevent any unauthorized copying, use, distribution, installation or transfer of possession of such information.

Trademark And Other Intellectual Propritery Rights

Nex Panther Technologies, Payvessel and all logos, products, services or other content on https://payvessel.com/ or other mobile download platforms are the intellectual property Nex Panther Technologies Limited, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nex Panther Technologies Limited. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Payvessel and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Nex Panther Technologies Limited. Neither this Agreement, nor your use of Payvessel will convey title or any interest or rights in Nex Panther Technologies Limited’s intellectual property rights.

Assignability

You may not transfer any rights or obligations you may have under this Agreement without our prior written consent. We reserve the right to transfer this Agreement or any of our rights and/or obligations under this Agreement. You may be able to continue to use the platform after such an assignment, if you consent to it.

Legal Compliance

You shall comply with all applicable Nigerian laws, and regulations, regarding your use of our Services. If any specific term or condition violates the law, that term alone shall stand severed or amended as far as is necessary to comply with the law.

Notices

You agree that these Terms and Conditions constitute "an Agreement duly signed or executed by "you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other Agreements, notices or other documents regarding your account and/or your use of the Service, may be provided to you electronically and you agree to receive all Notices from Nex Panther Technologies in electronic form. You may print a copy of any Notice and retain it for your records. All Notices in either electronic or paper format will be considered to be in "writing and to have been received and shall become effective thirty (30) days after being posted or placed on our website.

Amendments

We may amend this Agreement at any time by notice to you or posting the amended terms on remita.net. All amended terms shall be effective thirty (30) days (or any other date as we may determine) after publishing it on https://payvessel.com/.

Dispute Resolution

In the event that any dispute arises out of or in relation to this Agreement, the Parties shall first seek an amicable solution to the dispute. Where such dispute cannot be amicably resolved between the Parties within fifteen (15) days after the occurrence of such dispute, then either Party shall upon due notification to the other Party, refer such dispute to arbitration upon giving the other Party fifteen (15) days written notice. Any dispute, controversy or claim arising out of or in relation to this Agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this Agreement, shall be resolved by mediation accordance with the Arbitration and Mediation Act, 2023 or any amendments thereof. A Mediator shall be appointed to settle the unresolved issue(s) and the decision agreed by the parties shall be binding on both Parties. The mediation proceedings shall be governed under the Lagos State Multi-Door Courthouse (LMDC) Law and the LMDC Practice Directions by a sole mediator to be appointed by Mutual Agreement between both Parties. In the event that the Parties are unable to agree on the appointment of the sole mediator within 14days from the date of the referral, such appointment shall be made by the LMDC. The settlement reached at Mediation shall be filed by the parties as their consent judgment and shall be final and binding on the parties in respect of the dispute. Notwithstanding the foregoing, nothing shall prevent either Party from seeking injunctive relief from a court or to bring an action in court to enforce any decision or remedies based on a determination by any Mediation proceeding, provided same is a prelude or in furtherance of the mediation proceedings.

Extended Non-Use

Your non-use of our platform for an extended period does not terminate this contract. Any monies due and payable by you to us before, during or after the period of your passivity shall remain payable and become due immediately upon your reactivation.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Nex Panther Technologies Limited to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not amount to a waiver of our right to act with respect to subsequent or similar breaches. The non-specification of a particular legal or equitable remedy shall not be construed as a waiver, prohibition or limitation of any legal or equitable remedies in the event of a breach of any of the clauses. Each of the Parties acknowledge that it is acting as an independent contractor, and each Party has the sole right and obligation to supervise, manage, direct, procure, perform, or cause to be performed, all work or other obligations to be performed by such Party under this Agreement.

Entire Agreement

This Agreement and any documents referred to herein constitute the entire Agreement between the parties and supersede any and all prior Agreements between the parties, whether oral or written, with respect to the subject matter thereof.

Force Majeure

NEX PANTHER TECHNOLOGIES LIMITED shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of NEX PANTHER TECHNOLOGIES LIMITED including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, epidemic or pandemic, collapse of buildings, fire, explosion, events of force majeure declared by NEX PANTHER TECHNOLOGIES LIMITED' partners or service providers involved in the performance of NEX PANTHER TECHNOLOGIES LIMITED' obligations in this Agreement or any other act of God or any technical failure caused by devices, matters or materials.