PesaFlux — Terms & Conditions

Last updated: 24th November 2024 — Please review carefully before using our Services.

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the PesaFlux website, platform, API, and any related services (collectively, the "Services"). By registering for or using the Services you accept and agree to be bound by these Terms. If you do not accept these Terms, do not use the Services.

Scope & Service Type

PesaFlux operates as a Customer-to-Business (C2B) payment facilitation platform that connects payers to recipient paybills, accounts, or business wallets. The Services are intended to assist businesses in receiving payments and automating payment workflows. PesaFlux is not a bank and does not itself hold client funds beyond operational balances necessary to provide the service.

User Obligations

Account & Payment Details: You are responsible for ensuring that all payment identifiers (paybill numbers, account numbers, phone numbers, merchant IDs, API keys, callback URLs, and any other payment details) that you provide or configure in the platform are correct and belong to you or your authorised representatives. PesaFlux will process transactions using the details supplied by you.

Verification & Records: Maintain accurate records of transactions and confirmations. You must verify transaction receipts, settlement reports, and reconciliation data promptly and notify PesaFlux immediately if you detect any error, suspected fraud, or unauthorised activity.

Third-party Dependencies: The Services rely on third-party payment networks, mobile money providers, and banking partners. You accept that such third-party systems are outside PesaFlux's control and may introduce delays or errors.

Funds Sent to Wrong Account — Important Notice

Clear disclaimer: PesaFlux is not responsible for funds that are deposited to an incorrect account when those funds are sent as a result of incorrect payment details provided by the payer or merchant configuration. This includes, but is not limited to:

  • Payments sent to the wrong paybill, business account, or phone number because the payer entered incorrect information;
  • Funds credited to a third-party account due to misconfigured merchant settings, callback URLs, or API parameters supplied by the user;
  • Transactions misrouted because of errors in a merchant's integration, mapping, or reconciliation process.

PesaFlux will, where possible, assist with investigations, provide logs, and cooperate with payment partners to identify the cause of misdirected payments. However, such assistance does not constitute an admission of liability and does not guarantee recovery of funds. Recoveries are subject to the policies of payment providers, banks, and any applicable laws and may require additional legal or formal action by the affected parties.

Maintenance, Testing & Availability

PesaFlux may perform maintenance, upgrades, testing, or other changes to the Services at any time. During such periods the Services may be partially or wholly unavailable.

We will endeavour to notify users of scheduled maintenance in advance when reasonably practicable, but we are not required to provide notice for emergency maintenance. PesaFlux shall not be liable for any loss, delay, or inconvenience arising from planned or unplanned maintenance or outages.

Developer & testing environments: Sandbox or test environments are provided to enable integrations and are not representative of production behavior. Do not rely on sandbox behavior for reconciliation of live funds.

Limitation of Liability

To the fullest extent permitted by applicable law, PesaFlux, its officers, directors, employees, agents, affiliates, suppliers, and partners will not be liable for:

  • Indirect, incidental, consequential, special, punitive, or exemplary damages;
  • Loss of profits, revenue, business, or data;
  • Claims arising from funds sent to incorrect accounts due to user or payer error;
  • Delays, failures, or errors caused by third-party payment networks, banks, or mobile money operators.

In all events where liability is not excluded by law, PesaFlux's total aggregate liability for claims arising out of or relating to these Terms or the Services will not exceed the total fees paid to PesaFlux by you in the 6 months preceding the event giving rise to the claim, or an amount required by applicable law, whichever is lower.

Suspension, Termination & Enforcement

PesaFlux reserves the right to suspend, restrict, or terminate access to Services, accounts, or specific features where we reasonably suspect fraud, misuse, repeated failure to provide required information, or breaches of these Terms. Such actions may include:

  • Immediate temporary suspension pending investigation;
  • Permanent termination of services and revocation of access;
  • Reporting to third-party payment providers, banks, or law enforcement where appropriate;
  • Immediate suspension of accounts involved in spamming, abusive activity, or any form of unclean or unethical business practices.

If your account is suspended you may be required to provide identity documents, transaction evidence, or additional information before services are reinstated. PesaFlux's actions in enforcing these Terms do not waive any other rights or remedies available to us under law.

Dispute Resolution & Cooperation

Users must cooperate with PesaFlux and relevant payment partners during any investigation into disputed transactions, including providing access to records, responding to requests in a timely manner, and attending meetings where necessary.

Where recovery of misdirected funds may be possible, PesaFlux will use reasonable efforts to assist. Recovery timelines are controlled by payment providers and banks and are outside PesaFlux's direct control.

Changes to These Terms

PesaFlux may update these Terms from time to time. We will publish the updated Terms on this page with a revised "Last updated" date. Continued use of the Services after changes have been posted constitutes acceptance of the updated Terms.

Contact

If you have questions about these Terms or need to report a transaction issue, please contact our support team:

Email: apisupport@pesaflux.co.ke