1. Purpose and Scope
This Dispute Resolution Policy governs complaints, transaction disputes, chargebacks, refunds, and related claims between Intechpay Ltd. (“Intechpay”, “we”, “us”) and users, merchants, cardholders, and third parties arising from use of Intechpay services, payment processing, or transactions conducted via Intechpay’s systems or interfaces.
This Policy applies in addition to any other agreement between the parties and to disputes arising under applicable card-scheme rules (e.g., Visa, Mastercard), Rwandan law, and any contractual terms posted on https://intechpay.rw/.
2. Definitions
- Dispute: any complaint or claim concerning transaction errors, unauthorized transactions, billing errors, chargebacks, refunds, service delivery, or breach of these terms.
- Merchant: an entity using Intechpay’s services to accept payments.
- Card-scheme Rules: the operational rules, dispute procedures, timelines, and chargeback rights of payment networks applicable to the transaction.
3. Informal Resolution and Notification
Parties must attempt to resolve Disputes amicably and promptly. The complainant must notify Intechpay in writing using the contact details on our website within [30] days of the event giving rise to the Dispute, unless a shorter timeframe is required by applicable card-scheme rules.
Notification must include transaction reference, date, amount, parties involved, description of the issue, and supporting evidence (receipts, correspondence).
4. Investigation and Response
Upon receiving a valid notification, Intechpay will acknowledge receipt within [5] business days and investigate in good faith.
We will provide a substantive response and proposed resolution within [15] business days of receipt of complete information, subject to any mandatory timelines under applicable card-scheme rules or legislation.
5. Interim Measures and Provisional Remedies
Intechpay may take interim actions (e.g., provisional credits, transaction holds, suspensions) where necessary to comply with card-scheme rules, prevent loss, or protect consumers, pending final resolution.
6. Chargebacks and Card-Scheme Disputes
Chargebacks or disputes initiated through card-scheme processes will be handled in accordance with applicable Card-scheme Rules and timeframes. Merchants and cardholders must submit evidence through the established acquiring/issuing channels.
Intechpay will cooperate fully with acquirers, issuers, and schemes and may recover funds, fees, or losses from merchants or third parties if permitted under applicable agreements and law.
7. Consumer Protection and Rwandan Law Compliance
Consumer disputes will be handled consistent with the Law governing consumer protection in Rwanda and any applicable regulations issued by the National Bank of Rwanda (BNR) or other competent authorities.
Rights granted by mandatory local law (including statutory refund or dispute rights) are not limited by this Policy.
8. Escalation and Mediation
If parties cannot resolve the Dispute within [30] days of initial notification (or such other period as required by law or card-scheme rules), either party may refer the matter to mediation by a mutually agreed mediator in Kigali, Rwanda. Costs of mediation will be shared equally unless otherwise agreed.
9. Arbitration and Governing Law
If mediation fails, the Dispute shall be finally resolved by arbitration administered in Kigali under the Arbitration Law of Rwanda. The arbitration shall be conducted in [English/Kinyarwanda] and decide the dispute on the merits.
The arbitration tribunal will consist of one arbitrator if parties agree, otherwise three arbitrators. The arbitrator(s) shall apply Rwandan law and relevant card-scheme rules as applicable.
Notwithstanding the arbitration clause, either party may seek urgent injunctive or interim relief in the courts of Rwanda.
10. Jurisdictional Carve-Outs
Where card-scheme rules or applicable law require a specific forum, timeline, or procedure (e.g., an issuing bank’s dispute rights), those requirements shall govern and take precedence to the extent of any conflict with this Policy.
11. Remedies and Limitation of Liability
Remedies available under this Policy include refund, chargeback, adjustment, or other corrective measures as permitted by contract, law, and card-scheme rules.
Nothing in this Policy excludes or limits liability for fraud, willful misconduct, or breach of mandatory legal consumer protections under Rwandan law.
12. Data Protection and Confidentiality
Dispute handling will comply with applicable data protection and confidentiality obligations. Personal data will be processed only as necessary to investigate and resolve the Dispute and in accordance with our Privacy Policy and applicable Rwandan data protection law.
13. Time Limits and Evidence Preservation
Parties must preserve all relevant evidence (transaction logs, communications, receipts) and comply with any scheme-imposed retention periods. Failure to preserve evidence may affect dispute outcomes.
14. Notification and Amendments
We may amend this Policy to reflect changes in law, card-scheme rules, or business practice. Updated versions will be posted at https://intechpay.rw/ with the effective date.
15. Severability
If any provision of this Policy is held invalid under applicable law, the remaining provisions shall remain in full force and effect.
