Terms & Conditions

  1. Service Provision

    • Swiffy shall provide to the merchant the e-commerce service selected by the merchant.
    • Activation of the e-commerce service is subject to the prior approval of Swiffy.

  2. Effective Date

    • The effective date of this Processing Agreement is the date of signature hereof by the merchant.

  3. Agreement Duration

    • This Processing Agreement shall endure for a period of 24 months (“initial period”) commencing on the effective date and shall continue thereafter until one party furnishes the other with 2 months’ written notice of cancellation, in which case the agreement will expire on the last day of the notice month.

  4. Early Cancellation

    • An early cancellation fee of 2.5% will apply to processing rates if the 2-month notice period is breached.

  5. Technical Support

    • The merchant shall have access to Swiffy’s technical support for the e-commerce service.

  6. Fee Increase

    • Swiffy reserves the right to increase its fees on the expiry of the initial period by giving the merchant 2 months’ written notice of such increase. The increased fees will come into effect on the 1st day following the expiration of the initial period.

  7. Admin Penalty

    • An admin penalty of 1% of monthly processing value will apply to each fraud case registered with the South African Police Services against your bank account.

  8. Frozen Bank Accounts

    • Re-opening of frozen bank accounts due to bank action or court order is outsourced to a third-party provider. A legal & collection fee of 15% is applicable for reinstatement of the bank account or recoup funds held in such bank account.

  9. Transaction Limits

    • A bank account will be limited to a maximum of 2,500 transactions per week or 10,000 transactions per month. Should this limit be reached, further bank accounts will be required and opened.

  10. Limitation of Liability

  • General Liability: Swiffy, its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, or any other party involved in creating, producing, transmitting, distributing, or misrepresenting Swiffy or related services shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
  • Product and Service Liability: Swiffy shall have no liability to a merchant or its customers in connection with any product or service purchased or used as a result of the use of our service.
  • Merchant Operations: Swiffy is not responsible for the operations, policies, or actions of our merchants and does not endorse, warrant, or assume any liability for the products or services provided by merchants.
  • Third-Party Acts: Swiffy shall not be liable for any act or omission of any third party or for any circumstances beyond our control.
  • Modification of Terms: Swiffy reserves the right to modify these terms and conditions at any time. Updated terms will be effective immediately upon publication via our website and/or communicated via mail.
  • Acknowledgement: By using Swiffy’s services, end customers and merchants acknowledge and agree to the terms outlined in this Limitation of Liability Disclaimer.
  1. Merchant Liability to Swiffy
  • In the event that Swiffy takes action against a merchant for breach of these terms of use, the merchant agrees to reimburse Swiffy for all legal costs, including tracing fees, collection commission, and payout commission.
  1. Display of Limitation of Liability
  • Merchants are required to display Swiffy’s Limitation of Liability clause (Clause 10) in its entirety on the deposit page for end-users to accept before depositing.
  1. Warranties and Representations
  • To the maximum extent permitted by law, Swiffy gives no warranties or representations, express or implied, statutory or otherwise, with regard to the e-commerce service.
  1. Improvements and Upgrades
  • Swiffy has no obligation to produce improvements or upgrades to the e-commerce services. However, if it does make such upgrades or improvements commercially available, the merchant may need to implement such improvements or upgrades to continue utilizing the e-commerce service.
  1. Governing Law
  • This Processing Agreement shall be governed by the laws of the Republic of South Africa.
  1. Entire Agreement
  • This Processing Agreement constitutes the whole agreement between the parties. No amendment or consensual cancellation hereof or waiver or relaxation or indulgence granted by one party to the other will prevent the first party from exercising its rights under this Processing Agreement at a later stage.
  1. Severability
  • Should any of the provisions of this Processing Agreement be held to be invalid, unlawful, or unenforceable, such provisions will be severable from the remaining provisions, which will continue to be valid and enforceable.
  1. Legal Fees
  • In the event that a party successfully enforces or defends its rights in terms of this Processing Agreement, that party shall be entitled to recover from the other party its legal fees on the attorney and client scale, including fees on counsel on brief, tracing agents’ fees, and collection charges.
  1. Assignment
  • The merchant may not cede its rights or assign its obligations under this Processing Agreement without the prior written consent of Swiffy. Swiffy shall be entitled to cede its rights or assign its obligations under this Processing Agreement without requiring the written consent of the merchant if such cession or assignment does not prejudice the merchant.
  1. Data Protection and Privacy
  • Swiffy and the merchant warrant to comply at all times with all relevant obligations under the applicable laws governing data protection and privacy.