These Terms of Use (hereinafter the "Terms") govern access to and use of the xFin
solution, a payment infrastructure published by MicroLink, a company registered at
BP 521, Libreville, Gabon (Statistical ID No. 085332F β RCS No. 2006B04993 β License No. 001-8073GU1
dated 03/06/2006), hereinafter "xFin", "MicroLink" or "the
Publisher". Any account creation, technical integration or use of the Services constitutes
full and unqualified acceptance of these Terms.
Article 1 β Purpose
These Terms set out the terms and conditions under which MicroLink makes the xFin solution
available to its Clients, enabling the integration of payment methods (Mobile Money, Visa/Mastercard
cards and other supported instruments) into merchant websites, mobile applications and business
software, as well as the respective rights and obligations of the parties in this context.
Article 2 β Definitions
- Services: all functionality offered by xFin, including in particular the payment API, the test environment ("Sandbox"), the e-commerce integration modules (PrestaShop, WooCommerce, osCommerce), the Merchant Portal and the developer documentation.
- Client / Merchant: any individual or legal entity that has created an account in order to use the Services on their own behalf or on behalf of their end customers.
- End User: any person making a payment via an interface that integrates the xFin Services.
- Merchant Account: the secure personal space allowing the Client to access the Services, their technical credentials (API keys) and their transaction data.
- Payment Partners: the banking institutions, Mobile Money operators and licensed payment service providers with which xFin is interfaced for the actual execution of transactions.
- Transaction: any payment operation initiated by an End User via the Services.
Article 3 β Acceptance of the Terms
Access to the Services, whether in the Sandbox environment or the production environment, is
conditional on unreserved acceptance of these Terms. Such acceptance takes effect upon creation of
the Merchant Account or, absent a formal account, upon first technical use of the Services (API
call, integration of a payment module, etc.). The Client warrants that they have the legal capacity
and, where applicable, the authority required to bind the legal entity they represent.
Article 4 β Description of the Services
Depending on the plan subscribed to, xFin makes the following available to the Client:
- An application programming interface (API) enabling the initiation, tracking and reconciliation of Transactions;
- A Sandbox environment for integration testing, with no real movement of funds;
- Ready-to-use integration modules for common e-commerce platforms (PrestaShop, WooCommerce, osCommerce);
- A Merchant Portal for transaction tracking, access management and reporting;
- Technical documentation and integration support.
The availability of certain features may vary depending on the plan subscribed to, the Client's
country of operation and the Payment Partners available in their area of activity within the CEMAC
region.
Article 5 β Opening and managing the Merchant Account
Opening a Merchant Account requires the Client to provide accurate and up-to-date information
(identity, proof of business activity, payout bank details, etc.) and, where applicable, to
undergo an identity and business verification process ("KYC/KYB") carried out by xFin or its
Payment Partners before the production environment is activated. xFin reserves the right to refuse
an account opening request, without obligation to provide reasons, particularly where the
applicant's activity cannot be supported under applicable regulations or xFin's internal risk
management policies.
The Client is solely responsible for the confidentiality of their login credentials and API keys,
and for any action taken from their Merchant Account. The Client undertakes to inform xFin without
delay in the event of suspected compromise of their access credentials.
Article 6 β Client obligations
The Client undertakes in particular to:
- Use the Services in accordance with their intended purpose and applicable regulations, including commercial, tax and consumer-protection rules;
- Not use the Services for unlawful or fraudulent activities, or activities appearing on the list of prohibited activities communicated by xFin;
- Ensure the accuracy of information provided to their End Users regarding the goods and services sold, prices and terms of sale;
- Implement reasonable security measures on their own systems (website, application, servers) integrating the Services;
- Respond within a reasonable time to xFin's requests for information, in particular in connection with regulatory due-diligence obligations.
Article 7 β xFin's obligations and role
xFin acts as a technical service provider ensuring interconnection between the Client's systems and
the Payment Partners. Unless otherwise stated in a specific agreement or license brought to the
Client's attention, xFin does not act as a credit institution or electronic money institution, and
does not hold funds on a lasting basis on behalf of the Client or its End Users: funds move
according to the arrangements specific to each Payment Partner, in compliance with applicable
regulations within the CEMAC region.
xFin undertakes to use reasonable means to ensure the availability, security and proper functioning
of the Services, subject to a best-efforts obligation and to external technical dependencies
(Payment Partners, telecom operators, hosting providers).
Article 8 β Pricing and billing
Use of the Services is billed according to the pricing schedule in effect, communicated to the
Client upon subscription or available on request from MicroLink. Unless otherwise agreed, applicable
fees include, in particular, set-up fees, a commission per Transaction and, where applicable,
periodic fixed fees. Prices are quoted exclusive of tax; applicable taxes (notably Gabonese TPS) are
added in accordance with regulations in effect.
xFin reserves the right to change its pricing schedule, subject to reasonable notice given to the
Client by any appropriate means (email, Merchant Portal). Continued use of the Services after a new
pricing schedule takes effect constitutes acceptance of that schedule.
Article 9 β Transaction processing and payouts
Transactions are processed by xFin in interconnection with the relevant Payment Partners. Fund
payout timeframes to the Client are those communicated upon subscription or specified in the
Merchant Portal, and may vary depending on the Payment Partner used, the country concerned and the
control procedures in effect. xFin cannot be held liable for delays attributable to a third-party
Payment Partner.
In the event of an anomaly observed on a Transaction (double debit, payment failure, dispute
reported by an End User), the Client undertakes to inform xFin as soon as possible so that a
verification procedure can be opened with the relevant Payment Partner.
Article 10 β Security, fraud and AML/CFT compliance
xFin implements technical and organizational measures designed to detect and prevent fraudulent use
of the Services. In this context, xFin may suspend, as a precautionary measure, a Transaction, a
Merchant Account or an access, in particular in the event of suspected fraud, money laundering,
terrorist financing, or any activity contrary to regulations applicable within the CEMAC region
regarding anti-money laundering and counter-terrorist financing (AML/CFT).
The Client undertakes to cooperate with xFin and, where applicable, with the competent authorities,
in connection with any verification or investigation relating to a suspicious Transaction.
Article 11 β Personal data
The processing of personal data collected in connection with use of the Services is described in
MicroLink's Privacy Policy, available separately. The
Client, as data controller for the data of their own End Users, undertakes to comply with
applicable personal-data-protection regulations, in particular Gabonese Law No. 001/2011 on the
protection of personal data.
Article 12 β Intellectual property
All elements comprising the Services (software, API, documentation, trademarks, logos, interfaces)
remain the exclusive property of MicroLink or its licensors. Nothing in these Terms shall be
construed as transferring any intellectual property right to the Client, who benefits only from a
non-exclusive, non-transferable right of use, limited to the term of the contract and to the
purpose of using the Services.
Article 13 β Liability and warranties
xFin undertakes to provide the Services diligently and in accordance with good industry practice,
without however guaranteeing uninterrupted availability, particularly in the event of maintenance,
failure of a Payment Partner, a telecom operator, or a case of force majeure. xFin cannot be held
liable for indirect damages (loss of revenue, loss of customers, damage to reputation) resulting
from the use or inability to use the Services.
Except in the case of duly established gross negligence or willful misconduct, xFin's total
liability for any given financial year is, in all cases, limited to the amount of commissions
actually received by xFin from the Client in respect of the relevant Services over the contractual
period in question.
Article 14 β Force majeure
Neither party may be held liable for any failure to perform, or delay in performing, any of its
obligations resulting from a force majeure event as recognized by case law and applicable
legislation, including in particular natural disasters, prolonged power or telecommunications
network outages, decisions by public authorities, or a widespread failure of a Payment Partner
beyond xFin's control.
Article 15 β Term, suspension and termination
These Terms apply for the entire duration of use of the Services. xFin may suspend or terminate
access to the Services, automatically and without notice, in the event of a serious breach by the
Client of their obligations (fraudulent use, non-compliance with applicable regulations, persistent
non-payment), subject to informing the Client as soon as possible.
The Client may request closure of their Merchant Account at any time, subject to settlement of any
amounts owed and clearing of ongoing Transactions. Termination does not affect rights and
obligations arising prior to its effective date.
Article 16 β Changes to the Terms
xFin reserves the right to amend these Terms at any time, in particular to reflect regulatory,
technical or commercial developments. Any material change is brought to the Client's attention by
email or via the Merchant Portal, with reasonable notice before it takes effect. Continued use of
the Services after that date constitutes acceptance of the amended Terms.
Article 17 β Confidentiality
Each party undertakes to preserve the confidentiality of non-public information it becomes aware of
in the course of performing these Terms (technical, commercial and financial information), and to
use it only for the purpose of performing the Services, for the entire duration of the contractual
relationship and for a reasonable period thereafter.
Article 18 β Governing law and disputes
These Terms are governed by Gabonese law and applicable community texts within the CEMAC region,
notably in relation to payment services, without prejudice to public-order provisions arising from
OHADA uniform law. In the event of a dispute concerning the validity, interpretation or performance
of these Terms, the parties shall endeavor to seek an amicable resolution before any legal action.
Failing an amicable agreement, the competent courts of Libreville shall have sole jurisdiction,
unless a mandatory legal provision states otherwise.
Article 19 β Miscellaneous
Should any provision of these Terms be declared void or unenforceable, the remaining provisions
shall retain their full force and effect. The fact that either party does not enforce a breach by
the other party of any obligation referred to in these Terms shall not be construed as a waiver of
that obligation for the future.
Article 20 β Contact
For any question relating to these Terms, the Client may contact MicroLink: