The Hepta Pay Service is subject to the terms and conditions. It’s an agreement between you
(hereafter referred to as “customer”) and Hepta Pay Ltd (hereafter referred to “us”). It
shall govern your use of the Hepta pay online service applications. The agreement shall
apply to you whether you have accessed or are using the Hepta Pay service.
By visiting this website, mobile app and using out services, you “agree to have read and
submitting an order form that references this agreement, and/or using the services, you
signify that you have read and agreed to be bound by the terms and conditions of this
agreement. If you do not agree to the terms of this agreement, then you may not use the
Before performing any transaction, you must know and understand the terms and conditions and
you are required to keep and abide by them as they are a binding agreement between yourself
and Hepta Pay Ltd. When you access Hepta Pay service you agree to be bound by and to conduct
You will be responsible for payment of all applicable fees for any transaction effected
using Hepta Pay services whether these were made by you or someone else with or without your
authority or knowledge.
You must not use the Service to commit any offence(s); Fraud and Money Laundering and any
other financial offence that is not accepted under the laws of the country or contravenes
the Laws governing payment systems and the Law on prevention and penalizing the crime of
money laundering and financing terrorism.
You must comply with any instructions that Hepta Pay may issue from time to time about the
use of our online products and Services.
When you make any transaction via our website or send emails to us, you agree to receive
communications from us electronically and all agreements, notices, or any other
communications that we provide you electronically satisfy any legal requirement that such
communications be in writing.
All personal data and identifiable information you submit to us via this website is governed
Hepta Pay hereby grants you an un-limited access to use Hepta Pay platform and use the
Source Code 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.
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, 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:
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 defence of any claim.
Hepta Pay reserves the right, at its own expense, to assume the exclusive defence 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
You acknowledge and agree that:
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.
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 Hepta Pay 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 source 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 principal amount (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, 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.
Hepta Pay technical staff may instruct you, from time to time, to perform modifications to
the Source Code installed in your website. You agree to cooperate and perform any required
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.
The relationship between Hepta Pay and you is not one of a legal partnership relationship
but is one of independent contractors.
This Agreement shall be governed by and construed under the laws of the Republic of Kenya
without reference to its conflict of law principles.