Terms of Use

1. Who we are

The website https://miagswe.com is published by MIAGSWE ("MIAGSWE", "we").

• Legal form: SARL, with a share capital of available on request
• Trade register (RCCM): available on request
• Tax identification number (NIU): available on request
• Registered office: Akwa, Douala, Douala, Cameroon
• E-mail: contact@miagswe.com
• Phone: 693381374
• Publication manager: the management of MIAGSWE
• Website host: available on request at contact@miagswe.com

2. What these terms cover

These terms of use (the "Terms") apply to:

• browsing the website and using its forms: contact, quote request, job application, comments, live chat and virtual assistant;
• your customer space ("My space");
• subscriptions to our online products (the "Products"): Internet Tracker, MIAGSWE Event, MIAGSWE Payroll and MIAGSWE Compta.

Our services (digital and IT, ship chandling and maritime, trade and services) are provided under a quote and, where relevant, a specific contract. Each Product may also have its own terms of use, shown in the Product.

If these documents conflict, the order of priority is:

1. a specific contract signed with you;
2. the quote you accepted or the payment request you received;
3. the Product's own terms;
4. these Terms.

3. Acceptance

• You accept the Terms, and confirm that you have read the Privacy Policy, by turning on the two switches provided. They are required when you create an account, subscribe to a Product, request a quote or post a comment. The form cannot be sent until they are on and the required fields are correctly filled in.
• We keep a record of your acceptance: the document and its version, the date and time, your IP address, your browser, your account or e-mail address, and the related item (account, subscription request, quote request or comment).
• If our team created your customer space for you (for example from a request), we ask you to accept the Terms on your first visit to your customer space.
• If you did not go through our forms, for example for a request made from a Product's website, paying a payment request or a quote that refers to the Terms means you accept the version in force.
• You must be of legal age and able to enter into a contract. If you act for a company or organisation, you confirm that you are authorised to bind it.

4. Using the website

• Access. The website is free to access. The cost of your Internet connection remains yours.
• Information. Descriptions, features and prices on the website are indicative and may change. Only the quote, payment request or invoice sent to you is binding.
• Quote request. A quote request (reference "PRF-…") commits neither you nor us. We reply with a proposal, which you are free to accept or not.
  • If you are not signed in, you can turn on "Create my customer space to follow my request". We then create your customer space with the name, e-mail and phone from the form, after checking your e-mail with a code. Your request then appears in "My quotes".
  • If you are signed in, the form is prefilled and the request is linked to your account automatically.
• Virtual assistant. Its answers are generated automatically by artificial intelligence, from the public information on our website. They may be incomplete or wrong, and they are neither a quote nor a commitment from us. Do not type confidential or sensitive information into it. You can ask to talk to an advisor at any time.
• Live chat. Our advisors answer you as soon as they are available, during our opening hours, on working days. They can see your message while you type it, even before you send it.
• External links. Links to other websites (social networks, WhatsApp, videos…) are provided for convenience. We are not responsible for their content.

5. Your customer space

5.1 Sign-up

• You give your name and e-mail and, if you wish, your phone number and a password.
• We send you a 6-digit code, valid for 10 minutes. Your customer space opens only once your e-mail address is confirmed.
• A sign-up that is never confirmed is deleted automatically after 7 days.

5.2 Sign-in

• You sign in with a one-time code sent by e-mail, or with your password if you chose one (at least 8 characters). You can add, change or remove your password in "My account".
• You stay signed in on a device for 30 days after your last visit, and for 90 days at most.
• In "My account", you can see your signed-in devices and your recent sign-ins. You can sign out one device or all other devices.

5.3 Your information

• The information you give must be accurate and up to date. You can edit your profile in "My account".
• To change the e-mail address of your account, contact us. We will check your request before making the change, and we notify the old address.

5.4 A personal space

• Your customer space is personal: do not share it.
• Your colleagues' access to a Product is managed in the Product itself, within the number of administrators and users included in your plan.

5.5 What you will find there

Your customer space brings together:

• your subscriptions and their progress;
• your payment requests;
• your quote requests and quotes, in "My quotes";
• your invoices and recorded payments, in "My invoices";
• your support tickets;
• your profile;
• your account security.

6. Product subscriptions

6.1 Plans and prices

• Each Product offers plans described on its page: features, limits, number of administrators included, duration.
• Prices are in CFA francs (XAF).
  • Prices marked "excl. VAT" exclude tax: VAT at the current rate is normally added. The rate is currently 19.25%, including municipal additional cents, under the Cameroon General Tax Code (reference to be checked by your legal counsel).
  • Other prices are shown without VAT.
  • The tax treatment that applies is the one shown on your payment request or quote, which prevails over the price list shown.
• MIAGSWE Payroll. The Essentiel, Business, Pro and Entreprise plans are charged per employee per month, according to the plan's headcount band. The Cabinet plan is priced on quote.
• The applicable price is the one shown in your payment request or quote. We may change our prices. A new price never applies to a period already paid: it applies from the next renewal and is shown in the payment request for that renewal.

6.2 Number of employees (per-employee plans)

• When you subscribe, you declare your number of employees. It must fall within the band of the chosen plan. The monthly price is the number of employees multiplied by the unit price.
• Your declaration must be truthful. If your headcount grows, tell us, through a ticket or at renewal. We may then adjust the number charged from the next renewal. If your headcount leaves the band, we will offer you the right plan.
• We may look at the usage information the Product sends us to check that your declaration is consistent.

6.3 Subscribing

• To subscribe from our website, you need a customer space with a confirmed e-mail address.
• If you request a subscription from one of our Products' websites, your request is forwarded to us. These Terms apply to your subscription as soon as you pay the payment request we send you, which refers to them.
• Your subscription is first a request (with a reference), not yet a contract. We review it and may ask for details, or refuse it and tell you why.
• If your company already subscribes to this Product, we do not create a second request: we direct you to your existing subscription (renewal or plan change). You can subscribe for another company by saying so in the form.
• The subscription contract is formed:
  • when your first payment is approved;
  • or when we open your access before payment: you then owe the amount of the payment request, by its deadline.
• Accepting a quote confirms your order and creates the matching payment request. A payment request that expires unpaid, while your access was not opened, creates no obligation for you.

6.4 Activation

• As a rule, your account in the Product is created once your payment is approved. You then receive your access details by e-mail, for example an activation link.
• We may also open your access before payment, with a payment deadline ("access open, payment to follow"): see section 7.5.
• Free plans and trial periods require no payment.

6.5 Free month

• Plans that say so give one or more free months with the first payment of a new subscription, unless your payment request or quote says otherwise; it always shows the free months. These months are added after the paid period: for example, 1 month paid + 1 month free = 2 months of access.
• This is not a trial: the free month is granted only after an approved payment. If your access was opened before payment, the free months are added when that first payment is approved.
• It does not apply to:
  • later payments for the same subscription (renewals, plan changes);
  • trial periods;
  • free or quote-based plans;
  • one-time purchases.
• It cannot be refunded or exchanged for money. It is withdrawn if the payment that granted it is cancelled (section 7.6).
• The number of free months may change for new subscriptions. It never changes for a subscription already paid.

6.6 Trial period

If a plan includes a trial period, its length is shown on the plan. At the end of the trial, access stops unless you pay for a subscription.

6.7 Term and renewal

• Your subscription lasts for the paid period (month or year), plus any free months. The end date is shown in your customer space.
• There is no automatic renewal and no direct debit.
• We send you a reminder e-mail 7 days before the end date.
• To renew, use "Renew my subscription" in your customer space, for 1, 3, 6 or 12 periods, or pay the payment request we send you. Our team reviews a renewal request and sends you the matching payment request. Once the payment is approved, your end date is extended.
• If the proof of payment for your renewal is still being checked on the end date, your access is kept for 3 days during the check.
• On the end date, without renewal, access to the Product is refused. It is restored as soon as the renewal is approved.

6.8 Changing plan

You can ask to change plan, or update your number of employees, from your subscription in your customer space or through a ticket. The terms of the change (price, start date) are shown in the matching payment request or quote.

7. Payment and invoicing

7.1 Payment request or quote

• For each payment, we send you a payment request (reference "PAY-…"), by e-mail and in your customer space. It shows:
  • the amount excluding tax, any VAT, and the amount including tax;
  • the period covered, and any free months;
  • the accounts to pay into;
  • where relevant, the option to pay in cash at our offices;
  • the payment deadline;
  • where relevant, the date on which your access will be suspended without payment.
• For quote-based plans (for example MIAGSWE Payroll Cabinet), we first send you a quote (pro forma). You can accept it from your customer space ("My quotes"), and a payment request is then created.

7.2 Payment methods

• You pay by Mobile Money or bank transfer, into one of the accounts shown in your payment request. Card payment is not offered on the website.
• Cash. If your payment request says so, you can also pay in cash at our offices (Akwa, Douala, Douala). Our team records the payment itself, then sends you your invoice: you have nothing to declare in your customer space. Never hand over cash outside our offices.
• Only pay into the accounts shown in your customer space or on our official documents. If in doubt, contact our billing team at sales@miagswe.com before paying.
• If possible, quote the "PAY-…" reference in the payment description.
• We will never ask for your Mobile Money PIN or your online banking credentials.
• Fees charged by your operator or bank remain yours.

7.3 Proof of payment

• After paying, click "I have paid — send my proof" in your customer space. Give the account used, the transaction reference and the date, then attach a photo or PDF of the receipt. You can also take the photo with your phone.
• On photos, metadata is removed before upload, including location.
• Your proof is a declaration: a member of our team checks that the funds were received with our operator or bank, then approves or refuses it. No proof is ever approved automatically.
  • If the proof is accepted, the payment is approved.
  • If it is refused, we tell you why and you can send a new proof.
• If you send us your proof another way, our team can add it to your payment request for you.

7.4 Invoice

• As soon as your payment is approved, we issue the invoice, marked as paid. We send it to you by e-mail (PDF), and it appears in "My invoices".
• Each quote and invoice has a secure link and a QR code for viewing it online. Anyone who has the link can view the document, and the link has no expiry date. Only share it with the people concerned.

7.5 Late payment and non-payment

• We send you a reminder 3 days before the deadline, then a notice if payment has not arrived by the deadline.
• Payment before activation: an unpaid payment request expires 30 days after the deadline, with no other consequence for you. You can still send a proof for 60 days after it expires, and the request is then reopened.
• Access opened before payment:
  • the overdue notice is repeated every 7 days (3 times at most);
  • if your payment request says so (it shows the suspension date), access is suspended automatically 7 days after the deadline;
  • otherwise, we may decide to suspend it after our reminders.
• Access suspended for non-payment is restored as soon as the payment is approved.
• No late-payment penalty is charged.

7.6 Cancelling an approved payment

If an approved payment was not actually received, was reversed or turns out to be fraudulent, we may cancel its approval. Depending on the case, your subscription goes back to its previous end date or your access is suspended. The free months granted with that payment are then withdrawn. We will let you know.

7.7 Refunds

Amounts paid for a period that has started are not refunded. The exceptions are a billing error on our side, a duplicate payment and cases where the law requires a refund. An accepted refund is made by the payment method used, or by another method agreed with you.

8. Support

• You open a support ticket from your customer space, for a Product or a subscription. You can attach images or PDFs, within the limits shown.
• We answer in the ticket and by e-mail, as soon as possible, on working days. Our internal notes are never shown to you.
• Do not attach passwords, codes or unnecessary sensitive data. Metadata of attached photos (for example location) is not removed automatically.

9. Comments and contributions

• What is published. Your name, your message and the date. Your e-mail address is never published.
  • If you are signed in, your account name is published, and the comment is linked to your account. If your account has no name yet, we ask you for one.
  • Otherwise, you give your name, and your e-mail if you wish.
• Moderation. Most articles are moderated: your comment appears only once approved. We may refuse or remove, without notice, a comment that breaks section 10 or is unrelated to the article.
• Your responsibility. You are responsible for your comments. By posting, you allow us to show them on the website until the comment or the article is deleted. You can ask us to remove a comment.

10. Acceptable use

You agree not to:

• give false information, or impersonate a person or a company;
• post or send content that is unlawful, defamatory, abusive, discriminatory, violent or pornographic, or that infringes the privacy or rights of others;
• send unsolicited advertising, or malicious links or files;
• try to access an account, our systems or other customers' data without permission, or bypass our security measures or limits;
• disrupt the website or the Products: automated mass submissions, overloading, unauthorised penetration testing;
• copy or scrape the website's content automatically, or resell or share access to a Product with a third party without our agreement;
• use the Products beyond the limits of your plan, or for an unlawful activity.

Such conduct may also be an offence, in particular under Law No. 2010/012 of 21 December 2010 on cybersecurity and cybercrime in Cameroon (reference to be checked by your legal counsel).

11. Account security

• You are responsible for the security of your mailbox: sign-in codes are sent there. Never share a code or your password.
• Our team has no access to your codes or your password, and will never ask you for them.
• Our automatic e-mails are sent from no-reply@notifications.miagswe.com. They never ask you to send a code or password back by e-mail.
• Sign out on shared devices. Check your signed-in devices and your sign-in history from time to time.
• Report any suspicious activity to us straight away, at contact@miagswe.com.
• To protect your account, we may temporarily limit sign-in attempts, or block access if we suspect fraud.

12. Intellectual property

• The website, the Products, their software, trademarks, logos, texts and visuals belong to MIAGSWE or its partners. They are protected, in particular by Law No. 2000/011 of 19 December 2000 on copyright and related rights (reference to be checked by your legal counsel). Any unauthorised reproduction is prohibited.
• Your subscription gives you a right to use the Product that is:
  • personal, non-exclusive and non-transferable;
  • for the term of the subscription;
  • for your organisation's internal needs;
  • within the limits of your plan.
• You may not copy, decompile or modify the Products, except where the law allows it.
• The data and content you enter remain yours. You allow us to host and process them only as needed to provide the service.
• We may list your company's name and logo among our references, with your prior agreement. You can ask us to remove them at any time.

13. Personal data

• How we process your data is described in our Privacy Policy.
• When you give us data about other people, for example in a request, a ticket or a Product (colleagues, employees, guests…), you confirm that you have informed them and that you have a legal basis to do so.
• In the Products, the data of your employees, your guests or your accounts is processed on your behalf and on your instructions, under the Product's terms.

14. Availability

• We do our best to keep the website, your customer space and the Products available at all times. However, we cannot guarantee uninterrupted availability, unless a specific contract says so in writing.
• Interruptions may happen: maintenance, updates, incidents, or failures of our providers (hosting, e-mail, telecom operators).
• The Products are separate applications. An incident on one of them does not necessarily affect the others, or your customer space.
• We recommend that you regularly export your important data, when the Product allows it.

15. Liability

• We commit to reasonable care and skill in providing our services, but we cannot guarantee a result (in French law terms, an "obligation de moyens").
• We are not liable for:
  • indirect losses (loss of revenue, customers, or data you did not export);
  • use that does not comply with the Terms;
  • your equipment or Internet connection;
  • third-party services (Mobile Money operators, banks, Internet providers);
  • content posted by other users;
  • the virtual assistant's answers.
• You remain responsible for checking the results produced with the Products (payslips, social and tax returns, financial statements…) and whether they fit your situation before using them.
• Except in case of gross negligence or wilful misconduct, our total liability for a Product is limited to the amounts you paid for that Product in the 12 months before the event in question.
• These limits do not apply where the law forbids them, in particular if you act as a consumer under Framework Law No. 2011/012 of 6 May 2011 on consumer protection in Cameroon (reference to be checked by your legal counsel).
• Neither you nor we are liable for a failure caused by force majeure.

16. Suspension, termination and end of subscription

16.1 By you

• You can stop a subscription at any time by not renewing it. Access continues until the end of the paid period. A period that has started is not refunded, except in the cases in section 7.7.
• You can ask us to close your customer space by writing to contact@miagswe.com.

16.2 By us

• We may suspend access:
  • for non-payment (section 7.5);
  • for a breach of the Terms;
  • for fraud or a security risk;
  • at the request of an authority.
• Blocking your customer space suspends the Product accounts linked to it.
• We tell you why, unless the law or security prevents it.
• For a serious or repeated breach, we may terminate your subscription or close your customer space:
  • after a formal notice that has had no effect within 15 days;
  • or immediately if the breach is serious enough.

16.3 After the end

• On the end date or on termination, sign-in to the Product is refused.
• Data in the Product:
  • it stays in the Product and is kept or deleted under the Product's own terms;
  • as long as it has not been deleted, a renewal restores access;
  • export your data before the end date, using the Product's export features where they exist: we do not guarantee that it is kept after the end date.
• The data in your customer space is kept or deleted as described in our Privacy Policy. Invoices and accounting records are kept for at least 10 years.

17. Changes to the Terms

• We may change the Terms. Each version is numbered, dated and published on this page.
• Minor change (wording, corrections, clarifications that do not change your rights or obligations): it applies as soon as it is published, without new acceptance.
• Major change: we ask you to accept the new version on your next visit to your customer space, with the same switches.
  • Until you accept it, you cannot use your customer space to accept a quote or request a renewal. You can still write to us, and send the proof of a payment already requested.
  • If you refuse it, you can sign out and ask us to close your account. Your current subscriptions remain governed, until their end date, by the version you had accepted.
• New requests, subscriptions and comments are governed by the version in force when they are sent.
• Earlier versions remain available on this page (version history).

18. Governing law and disputes

• The Terms are governed by the law of Cameroon, in particular Law No. 2010/021 of 21 December 2010 governing electronic commerce in Cameroon (reference to be checked by your legal counsel).
• If we disagree, please write to us first at contact@miagswe.com. We answer within 30 days and look for an amicable solution with you.
• If no agreement is reached within 30 days of your first complaint, the dispute goes before the competent courts of Douala. Mandatory rules to the contrary still apply, in particular those protecting consumers.

19. Other provisions

• Language. The Terms are written in French and translated into English. In case of discrepancy, the French version prevails.
• Severability. If a clause is found invalid, the other clauses still apply.
• No waiver. Not exercising a right at a given time does not mean giving it up.
• Evidence. Our computer records are evidence between us, unless proven otherwise: records of acceptance, sign-in logs, request and payment history, e-mails sent.
• Contact. MIAGSWE — Akwa, Douala, Douala, Cameroon — contact@miagswe.com — 693381374.