1. Service Overview
Modem Pay provides a robust digital payment solution enabling businesses to accept payments via mobile money, bank transfers, debit/credit cards, and other digital channels; create and manage payment links; access real-time analytics through our merchant dashboard; integrate payment functionality via our developer APIs and SDKs; process transfers to banks, merchants, and mobile wallets; and streamline business operations and financial workflows.
2. Eligibility Requirements
To use Modem Pay you must be at least 18 years old, have the legal capacity to enter binding contracts, operate a registered or legally recognized business in Gambia, provide accurate and complete registration information, comply with all applicable local and international laws, have a valid email address and phone number for verification, and not be listed on any sanctions or prohibited persons databases.
3. Account Creation and Security
Account registration requires your business name, registration documents, tax identification numbers, and beneficial ownership information. You are responsible for keeping your login credentials confidential, using strong passwords and enabling two-factor authentication, monitoring your account for unauthorized activity, notifying us immediately of any suspected security breaches, and logging out from shared or public devices. You are responsible for all activities under your account.
4. Prohibited Businesses and Activities
The following are strictly prohibited: adult content and escort services; illegal substances and drug paraphernalia; weapons, firearms, and explosives; unlicensed gambling operations; unlicensed cryptocurrency exchanges and ICOs; high-risk financial services including payday loans and debt collection; counterfeit or replica goods; money laundering, terrorist financing, and fraud; Ponzi and pyramid schemes; and businesses promoting hate speech or discrimination.
The following require proper licensing and pre-approval: licensed gaming and esports companies; regulated gambling operations; authorized cryptocurrency services; licensed financial and investment advisory services.
Prohibited activities include processing fraudulent transactions, circumventing card network rules, creating fake business profiles, violating intellectual property rights, phishing or spamming, using Modem Pay for personal transactions, and sharing account access with unauthorized parties.
5. Investment Business Restrictions
Investment businesses and financial advisors must hold valid licenses from relevant authorities. Strictly prohibited are Ponzi and pyramid schemes, unregistered securities, misleading investment claims, high-yield investment programs (HYIPs), and unlicensed forex or trading services. Multi-level marketing operations require pre-approval. Cryptocurrency investment services are subject to additional compliance requirements. We may request detailed documentation and may suspend accounts that fail to comply.
6. Fees, Charges, and Pricing
Our fee structure is based on transaction volume and frequency, payment method (mobile money, cards, bank transfers), cross-border vs. domestic transactions, account type and service level, and risk assessment. Fees are disclosed before transactions are processed and detailed fee schedules are provided upon account approval. Additional charges may apply for chargebacks, disputes, account maintenance, or premium features. You are responsible for all applicable taxes and regulatory fees.
7. Supported Payment Methods
Mobile money: QMoney, Afrimoney, Wave, and other local providers.
Bank transfers: domestic wire transfers, ACH transfers, and SWIFT payments.
Cards: Visa, Mastercard, local debit cards, and prepaid cards.
Ensure all linked payment methods are valid, active, and legally owned. Invalid or disputed methods may lead to service suspension.
8. Disputes, Refunds, and Chargebacks
Refunds follow your business's own policy — Modem Pay provides the tools but does not determine eligibility. You must establish clear refund policies, communicate them to customers, process legitimate refunds promptly, and maintain adequate funds to cover them.
Chargebacks may incur fees and account holds. You must respond promptly to chargeback notifications, provide required documentation, maintain transaction records, and accept liability for excessive chargebacks.
9. Account Monitoring and Compliance
We monitor accounts for compliance and security through transaction pattern analysis and fraud detection, KYC and AML screening, sanctions list and PEP checks, business activity verification, and financial health assessments. We may suspend or terminate accounts for risks, violations, or suspicious activities without prior notice in cases of fraud or illegal activity.
10. Data Privacy and Protection
We prioritize your privacy and data security in accordance with our Privacy Policy and applicable laws. Our commitments include transparent data collection and usage, industry-standard encryption, limited data sharing with authorized parties only, user control over personal information, and compliance with Gambian and international regulations.
11. Limitations of Liability
To the extent permitted by law: services are provided "as is" without warranties; we are not liable for indirect, consequential, or punitive damages; total liability is capped at fees paid in the prior 12 months; we bear no responsibility for third-party services or force majeure events; and users are responsible for their own legal compliance.
12. Indemnification
You agree to indemnify Modem Pay, its affiliates, and agents against claims arising from your use of services or violation of these Terms, your business operations, breach of representations or warranties, violation of laws or third-party rights, and disputes with your customers.
13. Account Termination
You may terminate your account at any time by contacting support. You remain liable for all outstanding obligations.
We may suspend or terminate your account for violating these Terms, fraudulent or illegal activities, excessive chargebacks or disputes, failure to maintain required licenses, or providing false information.
Following termination, we may hold funds for up to 180 days to cover any outstanding chargebacks and disputes.
14. Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, war, pandemics, or network outages.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of The Republic of The Gambia. Disputes will be resolved first through good-faith negotiation, then mediation in Banjul, Gambia, and finally binding arbitration under Gambian rules. Gambian courts have exclusive jurisdiction over non-arbitrated matters.
16. Amendments and Updates
We may update these Terms to reflect changes in services or applicable laws. For material changes we will provide 30 days' notice via email or the platform, post updated Terms with a new effective date, highlight significant changes, and allow account termination if you disagree. Continued use of the platform after changes constitutes acceptance.
17. Contact Information
General inquiries: info@modempay.com
Mailing address: Modem Pay, Banjul, The Gambia.
By using Modem Pay's services you confirm that you have read, understood, and agreed to these Terms of Service. Document Version: 2.0 | Last Updated: September 27, 2025 | Effective Date: September 27, 2025.