Terms and Conditions

Overview

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 agree to the terms of use and conditions”, completing the account registration process, 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 services.  

1. Definitions

  • "Account" means the act of data entry for the purpose of accessing and using our online payment Services.
  • "Cookies" A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic number of times you visit, browser type and version, device details, date and time of visits.
  • "Customer Data" means the data concerning the characteristics and activities of visitors to the website that is collected through the use of the Services.
  • "Documentation" means any accompanying proprietary documentation made available to you by Hepta Pay whether available online or otherwise.
  • "Order Form" means any ordering form, or document (whether provided to you through an online or offline format) specifying your need for registration to the platform.
  • "HeptaPay Product" means the solution that accepts payment via online means for the transfer of a predetermined amount to a specified account.
  • "Personal Data" means any information relating to an identified or identifiable natural person by which this person can be identified, directly or indirectly in particular by reference to an identification number or to one or more factors specific to his or her physical identity.
  • "Personally Identifiable Information (PII)" means any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains including, without limitation, full name, physical address, telephone number, fax number, email address, password, personal profile information, biometric information, information regarding a visitor's state of health, economic condition, financial information such as credit card details, checking, social security number or other government-issued identifier, banking, or any other payment information.
  • "Recording" means the recording of a visitor’s interaction with Website.
  • "Report" means the various analysis reports and visualizations available in future plans from our end.
  • "Service" means the services, software and/or products provided by Hepta Pay through its website www.heptapay.com or any other website operated by Hepta Pay and including, without limitation, the Source Code, Reports, Recordings and Documentation.
  • "Sites"means any platform including but not limited to mobile applications, websites and social media platforms.
  • "Source Code" means the proprietary Hepta Pay code, which would possibly be installed on a web page for the purpose of collecting customer data, including any fixes, updates and upgrades thereto.
  • "Third Party" means a natural person or legal entity, public authority, agency or body other than the data subject, the controller, the processor and the person who under the direct authority of the controller or processor are authorised to process the data.
  • "User" means an individual who uses the Services or accesses the Sites and has agreed to use the end services of Hepta Pay.

2. The Agreement

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 yourself in accordance with terms of use.  

3. Customer Responsibilities

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.

4. Electronic Communications

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.  

5. Personal Data

All personal data and identifiable information you submit to us via this website is governed by our Privacy Policy.  

6. Non-Exclusive License

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.  

7. Billing

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.  

8. Indemnification

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:  

  1. your breach of any term or condition of this Agreement,
  2. your use of the Services, or
  3. 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 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.  

9. Third Parties

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 to the Hepta Pay Privacy Policy.  

You acknowledge and agree that:  

  1. Hepta Pay makes no representations or warranties for the direct or indirect benefit of any Third Party and;
  2. 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:
    1. any representations and warranties made by you concerning any aspect of the Services to a Third Party;
    2. any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Services;
    3. any claims with respect to acts or omissions of a Third Party in connection with the Services.

10. Warranties and Disclaimer of Warranties

You represent and warrant that:
  1. You have the full right, power, legal capacity, and authority to enter into, deliver and fully perform under this Agreement; and
  2. 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's 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.  

11. Fraud Prevention

The customer consents and permits Hepta Pay to:
  1. Carry out identity and fraud prevention checks and share information relating to this application with any fraud prevention or security agency as required by Law;
  2. Provide details to any fraud prevention or security agency of any conduct that gives us reasonable cause to suspect that the services were used for improper purposes; and
  3. You understand and agree that the record of this suspicion will then be available to members of any fraud prevention or security agency. In such event, the customer authorises Hepta Pay to hold payment until the investigation and due process of the law is complete.

12. Limitation of Liability

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.  

13. Proprietary Rights Notice

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):
  1. 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;
  2. 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
  3. remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Services.

14. Term and Termination

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.  

15. Modification to Agreement and Service

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.  

16. General Conditions

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:
  1. transmissions over various networks; and
  2. 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 Source Code 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].  

17. Miscellaneous; Applicable Law and Venue

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.  

END