Shughuli Pap

Biashara Yangu Mkononi

Login
Subscribe Now

AGREEMENT BETWEEN USER AND BUSYMAN LIMITED

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and Busyman Limited (“Company,” “we,” “us,” or “our”), a company registered in Kenya under the Companies Act, with its registered office at Brightwoods Apartment, Chania Avenue, Kilimani Nairobi, for the use of the Shughuli Pap web-based application and related services (“the App”).
By registering for, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the App.

1. Services Provided

The App provides your organization with tools to record, store, and manage sales data, payment records, and facilitate the initiation of MPESA STK (Sim Tool Kit) push notifications for collecting payments from your customers. The App processes your sales data specifically to calculate the applicable subscription fees payable by you to Busyman Limited, as detailed in Clause 4.

2. Key Definitions

  • “User Data”: Means any data inputted into the App by you or on your behalf, including but not limited to sales figures, customer names, contact details, payment amounts, and organization financial records.
  • “MPESA Credentials”: Means the specific consumer key, consumer secret, shortcode, and passkey provided to you by Safaricom that enables the App to initiate STK push requests.
  • “Monthly Revenue”: Means the total value of sales transactions successfully recorded within the App during a given calendar month.

3. Data, Credentials, and Privacy

3.1 Collection and Use of User Data: You retain all rights and ownership to your User Data. You grant Busyman Limited a license to use this data solely for the purpose of providing, maintaining, and improving the App’s services, and specifically for calculating your subscription fee as per Clause 4. We act as a data processor on your behalf, and you are the data controller.

3.2 MPESA Credentials: You acknowledge that the MPESA Credentials are owned by Safaricom and licensed to you. By inputting them into the App, you authorize Busyman Limited to store them securely and use them solely to facilitate STK push requests at your explicit instruction. We will not use these credentials for any other purpose. You are fully responsible for ensuring the confidentiality and accuracy of these credentials.

3.3 Compliance with Law: You agree to use the App and collect data from your customers in compliance with the Kenyan Data Protection Act, 2019. You are responsible for obtaining consent from your own customers before initiating STK pushes or storing their information.

4. Revenue-Based Subscription and Payment

4.1 Calculation: Busyman Limited calculates your monthly subscription fee based on the Monthly Revenue recorded in your App account, using the following sliding scale:

  • If Monthly Revenue is less than 140,000 KES: The subscription fee is a flat rate of 2,000 KES.
  • If Monthly Revenue is 140,000 KES or more: The subscription fee is 1.5% of the total Monthly Revenue (e.g., if Monthly Revenue is 200,000 KES, the fee is 3,000 KES).

4.2 Payment Collection by Safaricom: You acknowledge that Busyman Limited is NOT the entity collecting the subscription fee. All subscription fees payable to Busyman Limited under this agreement will be collected by Safaricom PLC on our behalf, through the MPESA platform. Your payment to Safaricom satisfies your obligation to Busyman Limited.

4.3 Relationship with Safaricom: Your use of MPESA services is subject to Safaricom’s own terms and conditions. Busyman Limited is not responsible for any acts or omissions of Safaricom, including but not limited to system downtime, failed transactions, or delays in fund settlement.

4.4 Taxes: All fees are exclusive of any applicable taxes. You are responsible for paying any taxes, duties, or levies imposed by any governmental entity, including but not limited to Value Added Tax (VAT), associated with your use of the App or the payment of the subscription fee.

5. User Obligations

You agree to:

  • Provide accurate and complete information required for registration and account setup .
  • Update your information promptly to keep it accurate and current.
  • Maintain the security of your account credentials and be fully responsible for all activities that occur under your account.
  • Not use the App for any illegal, fraudulent, or unauthorized purpose.
  • Not attempt to reverse engineer, copy, or modify any part of the App.

6. Intellectual Property Rights

The App itself, including its underlying code, user interface, design, and content (excluding User Data and MPESA Credentials), is the sole and exclusive property of Busyman Limited. You are granted a non-exclusive, non-transferable, revocable license to use the App solely in accordance with these Terms.

7. Limitation of Liability and Disclaimer of Warranties

7.1 App is “AS IS”: The App is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Busyman Limited disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non- infringement.

7.2 No Liability for Payment Processing: BUSYMAN LIMITED IS NOT A PAYMENT PROCESSOR. WE ARE NOT RESPONSIBLE FOR THE PROCESSING OF PAYMENTS, THE HOLDING OF FUNDS, OR THE TRANSFER OF FUNDS BY SAFARICOM. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, OR EXPENSE INCURRED BY YOU AS A RESULT OF:

  • ANY FAILURE, DELAY, OR ERROR BY SAFARICOM’S MPESA SYSTEM.
  • ANY DISPUTES ARISING BETWEEN YOU AND YOUR CUSTOMERS REGARDING A TRANSACTION INITIATED VIA THE APP.
  • ANY ACTIONS TAKEN BY SAFARICOM TO FREEZE, HOLD, OR REVERSE ANY PAYMENT.

7.3 Cap on Liability: To the maximum extent permitted by Kenyan law, in no event shall Busyman Limited be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the App. Our total liability to you shall not exceed the amount of subscription fees paid by you to us in the three (3) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Busyman Limited, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

  • Your use of the App or MPESA services.
  • Your violation of these Terms.
  • Your violation of any rights of a third party, including your customers.
  • Any inaccuracies in the User Data or MPESA Credentials you provide.

9. Termination

We reserve the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the App will immediately cease.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms, including the subscription fee calculation, shall first be submitted to mediation. If mediation fails, the dispute shall be subject to the exclusive jurisdiction of the courts of Kenya.