mjengoPay Business Terms of Service

These Business Terms of Service govern access to and use of the mjengoPay platform by business customers and their authorised users.

This agreement is between Mjengo Wallet LTD, trading as mjengoPay, and the business entity creating or using a mjengoPay account.

By creating an account, activating an account, clicking to accept these Terms, or using the platform, you confirm that you are authorised to accept this agreement on behalf of the relevant company or organisation and that the company agrees to be bound by it.

These Terms are intended to work alongside mjengoPay's Privacy Notice, Pricing and Fees Schedule, Acceptable Use Policy, and any product-specific addenda or data processing terms that apply to features you use.

If there is a conflict between these core Terms and a signed written agreement, the signed written agreement controls for the relevant subject matter. Product-specific addenda control only for the features they expressly cover.

mjengoPay provides software, workflow automation, wallet records, reporting, and payment orchestration tools for construction and workforce operations in Kenya.

Services may include attendance tracking, worker and supplier records, payroll preparation, payout workflows, company and site wallet routing, approvals, notifications, audit trails, analytics, and related operational tools.

mjengoPay is a software and payment orchestration platform. Unless mjengoPay expressly states otherwise in writing, mjengoPay is not a bank, deposit-taking institution, or independent regulated custodian, and a wallet shown in the platform is not a bank account.

Only businesses and authorised business users may create or use mjengoPay accounts. You must provide accurate, complete, and current information and keep it updated.

Your company is responsible for all authorised users added to its workspace, for assigning correct permissions, and for controlling access to passwords, PINs, devices, and recovery channels.

mjengoPay may help automate payroll, deductions, payments, and reporting, but your company remains solely responsible for the legality, accuracy, and completeness of the instructions, data, classifications, deductions, and approvals entered into the platform.

Your company remains responsible for compliance with employment, payroll, tax, social security, statutory deduction, anti-fraud, anti-money laundering, sanctions, and other laws applicable to its business and payment activity.

mjengoPay may route or support payments through third-party providers such as mobile money operators, banks, telecommunications providers, cloud providers, and messaging vendors.

Payment execution, settlement timing, reversals, and availability depend on balances, approvals, provider uptime, fraud checks, treasury controls, and third-party network conditions. Any quoted timelines are estimates and not guarantees.

mjengoPay may hold, delay, reject, reverse, cancel, or request additional information about a transaction where reasonably necessary because of insufficient funds, missing approvals, incorrect instructions, provider rules, fraud controls, compliance requirements, legal concerns, or operational risk.

mjengoPay may display wallet balances, available amounts, pending amounts, settlement states, and related internal records to facilitate service workflows and permitted payment instructions.

These wallet records are part of the software service and may depend on internal routing logic, settlement status, payment rail constraints, approval workflows, reserves, and security controls.

You must maintain sufficient funds for requested transactions, fees, reversals, and related obligations.

You agree to pay fees applicable to your plan and usage, including subscription fees, transaction fees, implementation fees, support fees, messaging charges, or other agreed charges.

Unless expressly stated otherwise, fees are exclusive of taxes, levies, duties, rail charges, and third-party provider costs.

mjengoPay may update pricing on reasonable notice. Written commercial terms agreed with a customer override standard pricing for the period and scope they expressly cover.

mjengoPay processes personal and operational data to provide, secure, support, maintain, and improve the service. The mjengoPay Privacy Notice is incorporated by reference and should be read together with these Terms.

Depending on the activity, your company may act as a data controller for worker, supplier, and operational data it chooses to enter into mjengoPay, while mjengoPay may act as a processor for parts of that processing and as an independent controller for account management, security, support, fraud prevention, compliance, and core business operations.

Each party is responsible for complying with applicable data protection law, including the Kenya Data Protection Act. Where required, a separate DPA or product-specific privacy terms may apply.

If you use features involving photographs, identity documents, biometrics, facial recognition, or other sensitive or higher-risk personal data, your company remains responsible for ensuring that all legal requirements, notices, consents, approvals, and safeguards have been satisfied.

mjengoPay may require additional feature-specific terms, consents, or documented controls before enabling higher-risk processing.

You consent to receive operational, security, billing, onboarding, support, and legal communications electronically, including by email, SMS, dashboard notices, or in-product messaging.

Electronic logs, approval records, clickwrap acceptance records, notices, and other electronic records may be used to evidence instructions, approvals, and acceptance of these Terms.

mjengoPay may deliver a copy of the agreed terms electronically after acceptance.

mjengoPay and its licensors retain all rights in the platform, software, models, workflows, branding, and documentation. Except for the rights expressly granted under these Terms, no intellectual property rights are transferred to you.

Your company retains ownership of the data it submits to mjengoPay. You grant mjengoPay the limited rights needed to host, store, process, transmit, and analyse that data as required to provide, support, secure, and improve the service.

Each party must protect the other party's non-public technical, financial, operational, commercial, and security information and may use it only as needed for the relationship under these Terms.

This obligation does not apply to information that is public through no breach, was already lawfully known, is received lawfully from a third party, or must be disclosed by law or lawful order.

mjengoPay may suspend, limit, or terminate access where reasonably necessary for non-payment, fraud risk, abuse, security concerns, breach of these Terms, legal risk, sanctions, or protection of the platform, other customers, or third parties.

A customer may stop using mjengoPay at any time, but outstanding fees, pending payment issues, reversals, reserve obligations, confidentiality obligations, and surviving legal provisions remain enforceable.

After termination, access may be disabled and data may be retained for a reasonable period for legal, audit, backup, security, dispute, or operational purposes.

The service is provided on an "as available" basis. mjengoPay does not guarantee uninterrupted availability, error-free operation, or that every third-party provider or payment rail will always be available.

mjengoPay may support payroll, deductions, compliance workflows, and reporting, but mjengoPay does not provide legal, tax, accounting, employment-law, or regulatory advice. Your company remains responsible for reviewing outputs and complying with applicable law.

To the maximum extent permitted by law, mjengoPay will not be liable for indirect, incidental, consequential, special, punitive, or loss-of-profit damages, including loss of business, goodwill, anticipated savings, or opportunities.

To the maximum extent permitted by law, mjengoPay's aggregate liability arising out of or in connection with these Terms or the service will not exceed the total fees paid by your company to mjengoPay in the twelve months before the event giving rise to the claim.

Nothing in these Terms limits liability where the law does not permit such a limitation.

Your company will indemnify mjengoPay against claims, losses, liabilities, costs, and expenses arising from your misuse of the service, inaccurate or unauthorised data or instructions, worker or supplier disputes caused by your payroll or payment practices, your breach of these Terms, or your failure to comply with applicable law.

These Terms are governed by the laws of Kenya. The parties will first seek to resolve disputes through good-faith discussion. If a dispute is not resolved within thirty days, it may be referred to the courts of competent jurisdiction in Nairobi, Kenya.

mjengoPay may update these Terms from time to time. If a change is material, mjengoPay may require renewed acceptance before continued use of the platform.

Questions about these Terms can be sent to hello@mjengopay.com. Companies using Bring Your Own Paybill (BYOP) are additionally subject to the BYOP Self-Custody Addendum, which is presented for acceptance during BYOP onboarding.