Edhafu Legal

Terms of Service

Version
1.0
Effective
Applies to
Edhafu Payroll and Edhafu Ledgers

Permanent link to this version: https://edhafu.com/legal/terms/v1.0/

1.1Agreement

These Terms form a binding contract between Edhafu Technologies (KRA PIN A005644180Z), of Shankardass House, Moi Avenue, Nairobi, ("we", "us") and the person or organisation that creates an account ("Subscriber", "you"). You accept these Terms by ticking the acceptance box and clicking "Create account", "Pay" or a similar button. That electronic acceptance is legally binding under the Kenya Information and Communications Act. If you accept for an organisation, you confirm you are at least 18 years old and have authority to bind it.

1.2Definitions

  • Service: Edhafu Payroll (edhafu.com/payroll) and Edhafu Ledgers (edhafu.com/ledgers), including their features, updates and support. These Terms apply to each app you subscribe to.
  • Subscriber: for Edhafu Payroll, the individual or business that creates and owns the account; for Edhafu Ledgers, the organisation (SACCO, Chama, Residents Association or similar) that registers. Only the Subscriber, acting through its account owner or designated administrator, may pay subscriptions.
  • Authorised User: anyone the Subscriber grants access to, such as staff, an accountant or a committee member.
  • Customer Data: all data you or your Authorised Users enter or upload, including employee, member and financial records.
  • Subscription Period: the period covered by a successful payment, shown in your account as the paid-until date.

1.3Your account

  1. You must give accurate registration details and keep them current.
  2. You are responsible for all activity under your account and your Authorised Users' accounts.
  3. Keep passwords confidential. Tell us at admin@edhafu.com within 24 hours if you suspect unauthorised access.
  4. Each account has a unique account number. Quote it on M-Pesa payments and support requests.

1.4The Service and free trial

  1. We grant you a non-exclusive, non-transferable right to use the Service during a paid or trial period, for your internal business purposes.
  2. Free trial limits are shown on the pricing page (for Edhafu Payroll, one company per trial Subscriber). We may end or change a trial at any time.
  3. We may improve, change or remove features. We will give at least 30 days' notice before removing a core feature you pay for.

1.5Fees and payment

Fees, billing, top-ups, expiry and refunds are governed by the Subscription, Billing and Refund Policy, which forms part of these Terms.

1.6Customer Data

  1. You own your Customer Data. We claim no ownership of it.
  2. You grant us a limited licence to host, process, back up and display Customer Data only to provide and support the Service.
  3. For personal data inside Customer Data, you are the data controller and we are your data processor. The Data Processing Agreement forms part of these Terms.
  4. You confirm you have a lawful basis to upload the personal data of your employees, members or other people.

1.7Your responsibilities

  1. You are responsible for the accuracy of data entered and for reviewing outputs before use.
  2. Statutory computations (PAYE, NSSF, SHIF, Affordable Housing Levy, contributions, interest, dividends) are produced by software using rates we maintain. You remain responsible for your filings, remittances and deadlines with KRA, NSSF, SHA, the Commissioner for Co-operative Development or any other authority.
  3. The Service is a tool. It is not tax, legal, audit or accounting advice. Professional services are available only under a separate engagement letter.
  4. You must follow the Acceptable Use Policy.

1.8Intellectual property

We own the Service, its code, design, templates, reports and trademarks. You may not copy, resell, reverse engineer or build a competing product from it. Feedback you give may be used by us without payment.

1.9Availability and support

  1. We aim for high availability but do not guarantee uninterrupted service. Planned maintenance is announced in-app or by email where possible.
  2. Support is by email at admin@edhafu.com during Kenyan business hours, Monday to Friday, 8:00am to 5:00pm EAT.
  3. We back up data daily. Backups are for disaster recovery, not for restoring records you delete by mistake, although we will try to help.

1.10Security and confidentiality

We apply reasonable technical and organisational measures, described in the Data Processing Agreement. Each party keeps the other's non-public information confidential and uses it only for this contract. This duty survives termination.

1.11Disclaimers

Except as stated in these Terms, the Service is provided "as is". We do not warrant that it is error-free or that it meets every statutory requirement at every moment, since rates and rules change. We will update statutory rates within a reasonable time after they are gazetted or published.

1.12Limitation of liability

  1. Our total liability in any 12-month period is limited to the fees you paid us in the 12 months before the claim.
  2. We are not liable for indirect or consequential loss, lost profits, penalties or interest charged by an authority due to your data or filings, or loss caused by M-Pesa, Safaricom, internet or third-party outages.
  3. Nothing limits liability for fraud, wilful misconduct, or anything that cannot legally be limited.

1.13Indemnity

You will compensate us for third-party claims arising from Customer Data you uploaded without a lawful basis, or from your breach of these Terms or the law.

1.14Suspension and termination

  1. If your subscription expires, your account moves to read-only access. Features that create new records are disabled until you pay.
  2. We may suspend access immediately for non-payment, security risk, fraud, or breach of the Acceptable Use Policy.
  3. You may close your account at any time from settings or by email.
  4. After closure or 90 days of expiry, you have 30 days to export your data. We then delete Customer Data within 60 days, except records we must keep by law (such as payment and tax records).

1.15Changes to these Terms

We will give at least 30 days' notice of material changes by email and in-app. You will be asked to accept the new version before continuing to use the Service. Each accepted version is recorded against your account.

1.16Governing law and disputes

These Terms are governed by the laws of Kenya. The parties will first try to resolve any dispute through good-faith discussion within 14 days, then mediation in Nairobi. If unresolved within 30 days, either party may go to the courts of Kenya.

1.17General

These Terms, the policies they refer to and the Data Processing Agreement are the entire agreement. If a clause is invalid, the rest remains in force. You may not transfer your account without our written consent. Neither party is liable for delay caused by events beyond its reasonable control, including network or payment-system failures. Notices to you go to your account email; notices to us go to admin@edhafu.com and Shankardass House, Moi Avenue, Nairobi.