Auto Payment Contract Template for Nigeria

This document is a standardized Auto Payment Contract governed by Nigerian law, designed to establish and regulate automated payment arrangements between financial institutions and their customers. It complies with the Central Bank of Nigeria regulations and relevant Nigerian banking laws, including the Banks and Other Financial Institutions Act (BOFIA) 2020. The contract covers essential elements such as payment authorization, processing terms, security measures, and dispute resolution procedures, while ensuring compliance with Nigerian data protection and consumer protection requirements. It provides a comprehensive framework for managing recurring payments while protecting the interests of all parties involved.

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What is a Auto Payment Contract?

The Auto Payment Contract serves as a crucial legal instrument in the Nigerian banking sector, establishing the terms and conditions for automated recurring payments between financial institutions and their customers. This document is essential when setting up regular, automated transactions such as loan repayments, subscription services, or utility bill payments. It's designed to comply with Nigerian banking regulations, particularly the Central Bank of Nigeria Act 2007 and BOFIA 2020, while incorporating necessary consumer protection measures and cybersecurity requirements. The contract becomes relevant when customers wish to authorize regular automated debits from their accounts, requiring clear documentation of payment terms, processing procedures, and parties' rights and obligations. It's particularly important in today's digital banking environment where automated payments are increasingly common across various sectors of the Nigerian economy.

What sections should be included in a Auto Payment Contract?

1. Parties: Identification of the financial institution and the customer entering into the auto payment arrangement

2. Background: Context of the agreement, including the purpose of establishing automated payments

3. Definitions: Key terms used throughout the agreement including 'Auto Payment', 'Payment Date', 'Designated Account', etc.

4. Authorization: Customer's explicit authorization for automatic debits from their account

5. Payment Terms: Details of payment amounts, frequency, and scheduling

6. Duration: Term of the auto payment arrangement and renewal conditions

7. Bank Account Details: Specification of accounts involved in the auto payment arrangement

8. Processing of Payments: Procedures for payment processing, including cut-off times and handling of failed payments

9. Modification and Cancellation: Procedures for changing or terminating the auto payment arrangement

10. Fees and Charges: Any fees associated with the auto payment service

11. Dispute Resolution: Procedures for handling payment disputes and errors

12. Liability: Allocation of responsibilities and limitations of liability

13. Data Protection: Handling and protection of customer's financial and personal information

14. Governing Law: Specification of Nigerian law as governing law and jurisdiction

What sections are optional to include in a Auto Payment Contract?

1. Multiple Account Provisions: Include when auto payments involve multiple accounts or beneficiaries

2. International Payments: Include when auto payments may involve international transfers

3. Standing Order Details: Include when the auto payment is structured as a standing order rather than direct debit

4. Third Party Authorization: Include when payments are being made to or through third party service providers

5. Variable Payment Provisions: Include when payment amounts may vary based on specific conditions or calculations

6. Force Majeure: Include when specific provisions for system failures or external events are needed

What schedules should be included in a Auto Payment Contract?

1. Schedule 1 - Payment Schedule: Detailed schedule of payment dates, amounts, and frequencies

2. Schedule 2 - Fee Schedule: Comprehensive list of all applicable fees and charges

3. Schedule 3 - Account Details: Complete banking information for all accounts involved

4. Appendix A - Required Documentation: List of documents required for setting up auto payment

5. Appendix B - Cancellation Form: Standard form for cancelling the auto payment arrangement

6. Appendix C - Terms and Conditions: Detailed terms and conditions of the banking service

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Financial Technology

Insurance

Telecommunications

Utilities

Education

Healthcare

Retail

Real Estate

Professional Services

Relevant Teams

Legal

Compliance

Banking Operations

Customer Service

Risk Management

Digital Banking

Treasury

Account Management

Payment Operations

Financial Control

Relevant Roles

Legal Counsel

Compliance Officer

Banking Operations Manager

Financial Services Manager

Contract Administrator

Risk Manager

Payment Services Director

Customer Service Manager

Account Manager

Digital Banking Officer

Treasury Manager

Financial Controller

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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