The following terms and conditions is an agreement between you (hereafter referred to as “client”) and Hepta Pay ltd(hereafter referred to “us”). It shall govern your use of the Heptanalytics financial services application, HeptaPay. The agreement shall apply to you whether you have accessed or are using the HeptaPay service.
To access and use the Services, you must choose an appropriate service. When entering the details for your bill payment, you must provide current, complete and accurate information. While Hepta Pay takes reasonable efforts to safeguard information based on common industry standards,You agree to be responsible for maintaining the security of your Account at all times. You shall take all necessary steps to protect your Account password from disclosure.You are fully responsible for your own and third party use of your Account. Hepta Pay will not be liable for any loss and/or damage resulting from your failure to comply with this section. You agree to notify Hepta Pay immediately upon learning of any unauthorized use of your Account or any other breach of security.
Hepta Pay hereby grants you an un-limited access to use HeptaPay platform and use the CTC solely as necessary to use the Services for one or more web pages or domains that you own and/or control (collectively, the "Website") based on the terms of this Agreement. You agree that you will not, nor will you allow any third party to use the Services for illegal purposes. You will comply with all applicable local and international laws and regulations in your use of and access to the Services.
Hepta Pay strictly prohibits you from using the Services to collect, track or record any Personally Identifiable Information.
Without limiting your obligations pursuant to this section, Hepta Pay may implement, at any time, certain processes, features, functionalities or technologies to limit your ability to record Personally Identifiable Information, including, without limitation, by disabling and/or limiting any recording of keystrokes entered on your Website and/or adding certain controls, terms or processes in cases where keystroke recording is permitted. In any event if keystroke recording is activated for your Account, you hereby acknowledge and agree that you shall only enable the Recording of keystrokes from fields or areas that do not contain Personally Identifiable Information.
(i) complies with any applicable law or regulation; and
This site uses the Hepta Pay customer experience analytics service. The Hepta Pay service helps us analyze how visitors use our platform We do not collect through the Hepta Pay service or transfer to Hepta Pay any sensitive personally identifiable information. We only use the Hepta Pay service to record, on a completely anonymous basis, information such as phone number, as well as non-Personally Identifiable Information text you type in this website for transactional purposes. Hepta Pay does not create a user profile for the purpose of tracking a user across unrelated web sites and will only use such information pursuant to its Privacy.
You hereby allow Hepta Pay to collect, store and process your Customer Data.
Hepta Pay may disclose your Customer Data to any third parties and affiliates , including, (i) when complying with legal requirements, preventing fraud or imminent harm, and ensuring the security of our network and services;
(ii) if it is part of aggregated, non-personal information, such as average page load time, or the number of pages processed by our system per day; or
(iii) to a limited number of Hepta Pay employees or contractors as required to operate, develop or improve the Services.
If you use our platform service you shall pay Hepta Pay fees (the "Service Fees") in advance unless otherwise explicitly specified in your Order Form. All amounts owed to Hepta Pay are non-cancellable and fees paid are non-refundable except as explicitly stated otherwise in writing.
Hepta Pay may use various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider. All fees payable hereunder, do not include local, state, or federal sales, use, excise, personal property, VAT or other similar taxes or duties, including, without limitation, any withholding tax, and any such taxes, to the extent legally applicable, shall be borne and paid by you.
You agree to indemnify, hold harmless and defend Hepta Pay, at your expense, any and all third-party claims, actions, proceedings, and suits brought against Hepta Pay or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Hepta Pay or any of its officers, directors, employees, agents or affiliates, arising out of or relating to
(i) your breach of any term or condition of this Agreement,
(ii) your use of the Services, or
(iii) your violations of applicable laws, rules or regulations in connection with the Services.
In such a case, Hepta Pay will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Hepta Pay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
If you are an agency or a party representing a third party (“Third Party”), you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that Third Party (and upon our request shall provide evidence of such).
You further represent and warrant that such Third Party has provided you with explicit permission to collect on its behalf and view its Customer Data and that you shall use such Customer Data strictly in accordance with the permissions provided to you by such Third Party and the terms of this Agreement
You shall ensure that each Third Party agrees to the terms of this Agreement and agrees to abide by its terms, including without limitation, Section 5 (Privacy). You acknowledge and agree that
(i) Hepta Pay makes no representations or warranties for the direct or indirect benefit of any Third Party and
(ii) that you will not make any representations or warranties to such Third Party on behalf of Hepta Pay. You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Hepta Pay, the Services, or use thereof. You agree to indemnify, hold harmless and defend Hepta Pay, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against Hepta Pay or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Hepta Pay, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to
(a) any representations and warranties made by you concerning any aspect of the Services to a Third Party;
(b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Services;
(c) violations of your obligations of privacy to any Third Party; and
(d) any claims with respect to acts or omissions of a Third Party in connection with the Services.
You represent and warrant that:
(a) You have the full right, power, legal capacity, and authority to enter into, deliver and fully perform under this Agreement; and
(b) neither the execution, delivery, nor performance of this Agreement will result in a violation or breach of any contract, agreement, order, judgment, decree, rule, regulation or law to which you are bound.
The Services (including, without limitation, any information, features or functionality contained therein), may include inaccuracies or typographical errors. Hepta Pay and/or its respective suppliers may make improvements and/or changes in the Services at any time, with or without notice. You specifically agree that Hepta Pay shall not be responsible for unauthorized access to or alteration of the Customer Data or data from your Website.
Hepta Pay does not guarantee the Services will be operable at all times including, without limitation, during any down time
(1) caused by outages to any public Internet backbones, networks or servers,
(2) caused by any failures of your equipment, systems or local access services,
(3) for previously scheduled maintenance or
(4) relating to events beyond Hepta Pay’ control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Hepta Pay servers are located or co-located. Complete accuracy in all aspects of your Recordings or Reports at all times also is not guaranteed.
THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Hepta Pay, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Hepta Pay DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS OR VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.
Hepta Pay WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Hepta Pay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT Hepta Pay TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.
The Services (including any derivatives and enhancements) and all intellectual property rights in the Services are, and shall remain, the property of Hepta Pay. All rights in and to the Services not expressly granted to you in this Agreement are hereby expressly reserved and retained by Hepta Pay and its licensors without restriction, including, without limitation, Hepta Pay’ right to sole ownership of its logos, trademarks, trade secrets, databases, reports, and Website.
You agree not to (and not to allow any third party to):
(i) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Services for any purpose without the express written consent of Hepta Pay;
(ii) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Hepta Pay other than in the name of Hepta Pay; or
(iii) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Services.
This Agreement shall be in force as long as you are using the platform and / or registered to the platform. Hepta Pay, in its sole discretion, has the right to suspend or terminate your use of the HeptaPay service and refuse any and all current or future use of the Services at any time as a result of your breach of this Agreement or for any other reason
Upon any termination of this Agreement, Hepta Pay will cease providing the Services to you, and you will delete all copies of Hepta Pay CTC code from all web pages under your control and certify thereto in writing to Hepta Pay within three (3) business days of such termination. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees (except as explicitly otherwise provided in writing), and (b) any or (c) all of your Reports, Recordings, Customer Data and other data associated with your Account will no longer be available to you
Hepta Pay reserves the right to modify the terms of this Agreement from time to time. You are therefore encouraged to regularly review the Agreement.
Hepta Pay may, from time to time, update or make certain modifications to the Services, including, without limitation, removing certain functionalities, changing the layout or adding new features that augment or enhance the current Services (“Updates”). It is hereby clarified that any such Updates, including the release of new tools and resources, shall be subject to the terms of this Agreement. Continued use of the Services after any such Updates shall constitute your consent to such Updates.
Technical support may be provided to customers depending on their need. In that case, Hepta Pay will use commercially reasonable efforts to provide technical assistance or account management under this agreement, but does not guarantee that all problems will be solved or that any item will be error-free. Additionally, all such support or account management shall be provided only during Hepta Pay business hours.
You understand that the technical processing and transmission of the Services, including your Customer Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Hepta Pay technical staff may instruct you, from time to time, to perform modifications to the CTC installed in your Website. You agree to cooperate and perform any required modifications
You authorize Hepta Pay to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer on the Hepta Pay Website or in other promotional marketing materials. If you do not wish to be referenced please contact Hepta Pay at [email protected]
Hepta Pay shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the Kenya without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Nairobi.
You may not assign or otherwise transfer any of your rights hereunder without Hepta Pay prior written consent, and any such attempt is void. Hepta Pay may freely assign its rights under this Agreement. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
The relationship between Hepta Pay and you is not one of a legal partnership relationship, but is one of independent contractors.