1. Introduction

This IntaSend Solutions Limited User Agreement (the "Agreement") is a contract between you (the "User") and IntaSend Solutions Limited, a Kenyan incorporated corporation, referred hereafter as (“IntaSend”, "we" or "us") with its principal place of business in Nairobi, Kenya. You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our Payment Services, the Website located at https://intasend.com (the "Site") and related software and services (collectively with the Site, Service, the "IntaSend Solutions Limited").

Your access to and use of the service is also governed by information, guidelines, and policies made available on the Site, including but not limited to the IntaSend Privacy Policy. To the extent that there are any conflicts between the terms and conditions of this Agreement and the Site, the terms and conditions of this Agreement will govern.

YOU UNDERSTAND THAT BY USING THE INTASEND SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE INTASEND SERVICE. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, “USER”, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.

2. The IntaSend Service

2.1 Descriptions and Illustrations of The Service

Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

2.2 Account, Registration, and KYC Documentation

You are required to provide certain information including your contact details, description of your product or service, your company name, business registration certificate, tax registration certification, national identification document, etc. collectively, (“Account Information”) as part of the registration process to access the IntaSend Service, or as part of your continued use of the IntaSend Service. You agree that any registration information you give to IntaSend will always be accurate and up to date, and you agree to promptly notify IntaSend of any changes in your Account Information.

You cannot transfer your account to anyone else without our prior written approval. The IntaSend Service is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You are responsible for:

• maintaining the confidentiality of your username and password;

• any and all transactions by persons that you give access to or that otherwise use such username or password; and

• any and all consequences of use or misuse of your username and password.

You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.

2.3 Change to Services

IntaSend may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective:
(i) thirty (30) days after IntaSend provides notice of the Changes, whether such notice is provided through the Site user interface, is sent to the email address associated with your account or otherwise;
(ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first; or
(iii) immediately, if the change is required immediately due to legal or regulatory requirements.

You may choose to reject the changes made and IntaSend may;

• If the change is to affect the entire system and IntaSend is unable to proceed without a consent to the changes, issue a notice to immediately terminate the services; or

• Enter into discussions with you to help you understand the changes and reach an amicable solution.

The User may submit a change request to IntaSend for review. Intasend shall review the change request, consider its impact and at its sole discretion approve or reject the change request. If the change request is approved, IntaSend shall provide an estimate of the expected implementation period.

3. Prohibition

You represent, warrant, and agree that you will not contribute any data or use the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including IntaSend);

• Violates any law or regulation, including any applicable export control laws;

• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

• Jeopardizes the security of your IntaSend account or anyone else’s (such as allowing someone else to log in to the Services as you);

• Attempts, in any manner, to obtain the password, account, or other security information from any other user;

• Violates the security of any computer network, or cracks any passwords or security encryption codes;

• Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); Copies or stores any significant portion of the Content;

• Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

You will not:

• Use the IntaSend Service in connection with providing any adult entertainment-oriented or otherwise pornographic services;

• Perform an action with the intent of introducing to the Website(s), or IntaSend Service or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature;

• Use the IntaSend Service, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so;

• Engage in any category of business or business practice which have been categorized as restricted business in Clause 3.1.

3.1 Restricted Businesses

Restricted Business categories may be imposed through Network Rules or the requirements of our Financial Services Providers and any such relevant laws as may be applicable and/or legislated from time to time in Kenya. In certain cases, businesses listed below may be eligible for processing with explicit prior approval from IntaSend Solutions Limited. Note, however, that businesses that offer illegal and/or prohibited products or services are never eligible to use the IntaSend Services.

By registering with us, you are confirming that you will not use the Service to accept payments in connection with the following businesses, business activities, or business practices unless you have received prior written approval from IntaSend. It is prohibited to use the Service for any dealings, engagement, or sale of goods/services linked directly or indirectly with jurisdictions IntaSend has deemed high risks including Cuba, Iran, North Korea, Crimea Region, Somalia, and Syria.

Examples include (but are not limited to):

• Investment and credit services: Securities brokers, credit repair, lending instruments, etc.

• Money and legal services: Money transmitters, crowdfunding, insurance agencies.

• Virtual currency or stored value: Including Bitcoin sales, digital wallets not issued by the seller.

• IP infringement, regulated or illegal products: Counterfeit goods, illegal pharmaceuticals, weapons, adult content, gambling.

• High-risk businesses: Telemarketing, psychic services, extended warranties, timeshares.

• Social media manipulation: Sale of fake likes, followers, etc.

• Use of IntaSend inconsistently with intended purposes: Card testing, payment obfuscation, etc.

3.2 Consequences of Violations

Violating these terms can lead to a range of punitive actions, including:

• Immediate suspension or termination of services;

• Freezing or withholding of funds;

• Financial penalties for violating card scheme rules;

• Legal consequences, including referral to authorities.

4. Processing Transactions; Disputes, Refunds, Reversals, Reserves

4.1 You may only submit Charges through the IntaSend Payment Processing Services that are authorized by your customers.

4.2 To enable us to process Transactions for you, you authorize and direct us, our affiliates, the Payment Method Providers and Payment Method Acquirers to receive and settle any payment processing proceeds owed to you through the Payment Processing Services. You appoint IntaSend as the payment service providers for the limited purpose of directing, receiving, holding and settling such proceeds. You agree that IntaSend’s receipt of such proceeds satisfies the relevant end-customer’s obligations to make payments to you. We will promptly update your IntaSend Account balance to reflect any such proceeds that we receive on your behalf.

4.3 Except where IntaSend and a Customer have otherwise agreed, you maintain the direct relationship with your customers and are responsible for:

• acquiring appropriate consent to submit Charges through the IntaSend Payment Processing Services on their behalf;

• providing confirmation or receipts to Customers for each Charge;

• verifying customers’ identities;

• determining a customer’s eligibility and authority to complete Transactions.

4.4 IntaSend is not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any Laws.

4.5 You are immediately responsible to us for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if:

• it would cause your IntaSend Account balance to become negative;

• you are the subject of Bankruptcy Proceedings; or

• where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction).

4.6 In many but not all cases, you may have the ability to challenge a Dispute by submitting evidence through the API, Email, or Dashboard. We may request additional information to provide to Payment Method Providers and Payment Method Acquirers to assist you in contesting the Dispute, but we cannot guarantee that your challenge will be successful.

4.7 You may not submit a new Charge which duplicates a Transaction that is subject to a Dispute.

4.8 In addition to Section 5 below, you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. IntaSend does not and will not insure you against losses caused by fraud under any circumstances.

4.9 A Reversal for a Charge may be issued if the Charge:

• is made without the account owner’s authorization;

• is in connection with a Restricted Business;

• violates the applicable Payment Method Rules;

• or for other applicable reasons.

4.10 IntaSend's fees charged during processing are not reversible.

4.11 If Payment Method Providers impose a default charge due to excessive chargebacks, you shall reimburse IntaSend fully. We will notify you and share relevant details for you to challenge such default charges if needed.

4.12 You shall bear all charges incurred in the event of a chargeback.

4.13 We may place a reserve on a portion of funds collected if your business is deemed high-risk. We will inform you of the reserve’s terms in writing.

5. Responsibilities and Disclosures to Your Customers

5.1 It is very important to us that your customers understand the purpose, amount, and conditions of Charges you submit to us. When using the IntaSend Payment Processing Services you agree to:

• accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the API;

• provide a receipt that accurately describes each Transaction to Customers;

• provide Customers a meaningful way to contact you in the event that the product or service is not provided as described;

• not use Services to sell products or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance;

• inform Customers that IntaSend and its affiliates process Transactions (including payment Transactions) for you.

5.2 You agree to maintain and make available to your customers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.

5.3 The IntaSend Payment Processing Services may include functionality that enables you to:

• receive recurring or subscription payments from your customers;

• issue invoices to your customers.

5.4 If you use the Payment Processing Services to submit recurring or subscription Charges, you agree to:

• comply with applicable Laws and Payment Method Rules;

• clearly inform Customers in advance of submitting the initial Charge that they will be charged on an ongoing basis;

• explain the method for unsubscribing or cancelling recurring billing or subscriptions.

5.5 If you issue invoices, it is your responsibility to ensure:

• the form and content comply with applicable Laws;

• the invoices achieve any legal or tax effect intended.

5.6 If you engage in Transactions with consumers, you specifically agree to:

• provide disclosures required by Law;

• not engage in unfair, deceptive, or abusive acts or practices.

6. Security and Fraud Controls

6.1 IntaSend’s Security

IntaSend is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorized access, accidental loss, modification, or breach, and we will comply with applicable Laws and Payment Method Rules.

However, we cannot guarantee complete security. You provide User Data and Personal Data to IntaSend understanding that our security measures may not meet your business needs in every case. We may suspend your account or take other measures to maintain the integrity of the Services.

6.2 User’s Security

You are solely responsible for the security of any Data on your website, servers, or devices. You must comply with applicable Laws and Payment Method Rules, and provide proof of compliance to IntaSend if requested. Failure to do so may result in suspension or termination.

6.3 Security Controls

You are responsible for implementing security procedures and controls (“Security Controls”) appropriate to mitigate exposure to security incidents. We may provide or suggest such controls, but you are ultimately responsible for your security.

6.4 Fraud Risk

We cannot guarantee fraud will never occur. If you disable or fail to implement proper Security Controls, the likelihood of fraud increases. You are solely responsible for all fraud-related losses.

6.5 Account Security and Two-Factor Authentication (2FA)

We encourage use of 2FA, which adds an extra layer of protection using OTPs. If you disable this feature, you agree that IntaSend shall not be liable for any resulting loss or damages.

7. Settlement and Payout Schedule

7.1 Your Settlement Account

IntaSend will, with its banking partners, settle funds to your designated bank or financial institution account (“Settlement Account”). You affirm that:

• You are authorized to initiate settlements;

• The account is owned by you or a duly authorized agent;

• The account is managed by a financial institution in Kenya.

If you update your Settlement Account, you must ensure continued compliance. We may request proof.

7.2 Settlement to Your Settlement Account

Only a positive balance results in settlement. We may deduct Fees, Fines, or other owed amounts from settlement funds.

7.3 Settlement to Third Party Recipients (B2C Disbursement)

You may use our B2C disbursement feature to settle funds to third parties. You are responsible for providing accurate beneficiary details.

7.4 Multi-Currency Processing

We may allow settlement in a different currency from the payment accepted. You must provide a valid Settlement Account per currency. We may change available settlement currencies.

• The conversion rate is shown at the time of Charge;

• Refunds use the rate at the time of Refund;

• You may opt-out or change settings anytime.

7.5 Payout Schedule

“Payout Schedule” refers to when we initiate settlement. It may be shown on your Dashboard.

• A holding period may apply before initial settlement;

• Institutions involved may delay funds;

• We are not responsible for external delays;

• We may suspend payouts due to legal orders, suspicious activity, excessive Disputes, or business risk.

We will notify you with general reasons and estimated timelines.

7.6 Incorrect Settlement

Providing inaccurate account details may result in irreversible losses. You are solely liable for any funds settled to incorrect accounts and any resulting damages.

8. Card Association Rules

“Card Payment Network Rules” include all binding guidelines set by card networks (e.g., MasterCard, Visa, American Express). You must comply with:

• All applicable rules, updates, and program requirements;

• Any rule changes will bind you immediately;

• You are responsible for understanding and complying with these rules.

If your non-compliance results in penalties for IntaSend:

• You must reimburse us fully;

• IntaSend may suspend or terminate services if compliance is not maintained.

9. Charges

9.1 You must pay all Charges related to your use of our Services.

• Charges are quoted on our platform or by our team;

• Charges may be increased or decreased at any time;

• Charges are exclusive of VAT or other applicable taxes.

9.2 You agree to pay VAT or other applicable taxes at the same time you pay Charges.

10. Payment Processor

IntaSend uses third-party Payment Processors. Payments or credits made via our Services are subject to the Payment Processor’s terms and privacy policies.

• IntaSend is not responsible for Payment Processor errors.

11. Disclaimer by Users

11.1 Any information or content shared through the Services is the sole responsibility of the person who originated it. You access such content at your own risk. We are not liable for any errors, omissions, damages, or losses related to such content.

11.2 We are not responsible for:

• How you interpret and use content;

• Any action you take as a result of content exposure;

• Verifying the identity of users you interact with.

11.3 You are responsible for:

• All data you contribute to the Services;

• Ensuring you have the right to share such data;

• Keeping your registration information accurate;

• Your activity related to the Services.

11.4 Our Services may contain links to third-party websites or services. You acknowledge and accept that:

• These links come with risks;

• IntaSend is not responsible for those risks or their consequences;

• You should review third-party terms and policies independently.

11.5 IntaSend is not liable for any content, services, or interactions from third-party sites. You release us from all liability related to them.

11.6 Your dealings with third-party organizations or individuals, including transactions, warranties, or disputes, are strictly between you and them.

11.7 IntaSend does not guarantee the accuracy of any service or output. You use our services at your own risk.

12. Compliance with Law

You agree to use IntaSend APIs and Services legally. This includes:

• Observing import/export, privacy, and local laws;

• Not promoting illegal or dangerous activity;

• Requiring your End Users to comply with laws and these Terms.

You will not enable End Users to violate applicable laws or these Terms.

13. Termination

13.1 Either party may terminate this Agreement with 14 days' notice.

13.2 Termination may lead to the deletion of all associated data. Where possible, we may offer you the chance to retrieve it—unless doing so would be illegal or harmful.

13.3 Post-termination, your data will be handled in accordance with our Privacy Policy.

13.4 Clause 14 shall survive termination.

14. Disclaimer by IntaSend

14.1 IntaSend makes no guarantees as to:

• Timeliness, reliability, security, or quality of services;

• That services will meet your expectations;

• That data will be accurate or secure;

• That services will be error-free or uninterrupted;

• That IntaSend is virus-free.

14.2 IntaSend is not responsible for:

• Delays due to internet or communication issues;

• Third-party harm or unauthorized access;

• Bugs, service interruptions, or content errors.

14.3 This Agreement does not establish an employer/employee relationship. Any agency relationship shall be limited to the doctrine of Respondeat Superior.

14.4 You must design and test your applications to avoid harm or injury. You are solely responsible for any loss caused by your use of our services or content.

15. Indemnification

You agree to defend, indemnify, and hold harmless IntaSend and its subsidiaries, agents, licensors, managers, affiliates, and their employees, contractors, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from or related to:

• Your use of and access to the IntaSend Content (including the APIs) or IntaSend Payment Service;

• Your violation of any term of these Terms;

• Your violation of any third-party rights, including privacy or intellectual property rights;

• Your violation of any applicable law or regulation;

• Customer Data transmitted via your account;

• Personal injury or property damage from your use of IntaSend Services or any authorized/unauthorized use of your application or device;

• Any other party’s use of your credentials or access codes.

This clause shall survive termination of this Agreement.

16. Privacy and Security

16.1 Customer Data

“Customer Data” means all information you provide to or generate via the Website, IntaSend Content, or IntaSend Service, including Account Information and End User Data.

You are solely responsible for:

• Obtaining lawful consent from End Users for data collection and processing;

• Notifying End Users about data use;

• Complying with all data protection and privacy laws;

• Maintaining a privacy policy that is:

  • Legally compliant;

  • Clearly displayed;

  • Accurate regarding what you collect and how it's used/shared.

You consent to IntaSend's collection and use of data under our Privacy Policy. You are responsible for all consequences of making data available via our platform.

You acknowledge you are solely responsible for injury, harm, or damage arising from your use or misuse of data.

17. Proprietary Rights

IntaSend (and its licensors) retain all rights, title, and interest in:

• IntaSend Services;

• Suggestions, ideas, feedback, enhancements provided by you;

• Intellectual property such as trademarks, logos, and product names.

This Agreement:

• Does not transfer ownership rights to you;

• Only grants rights necessary to fulfill your obligations;

• Forbids you from framing, mirroring, or linking IntaSend content without permission.

IntaSend may change, expand, or withdraw services at its sole discretion.

18. General

18.1 Entire Agreement
This Agreement supersedes all prior understandings and agreements.

18.2 Notices and Consent to Electronic Communication
You consent to electronic notifications via:

• Email;

• Site announcements;

• Support inbox (support@intasend.com).

18.3 Modifications
Changes to this Agreement must be in writing and signed by IntaSend’s authorized representative.

18.4 No Waiver
Failure to enforce any right does not waive it.

18.5 Assignability
You may not assign this Agreement without IntaSend’s written consent. IntaSend may assign freely.

18.6 Severability
If any clause is found invalid, it shall be modified or severed without affecting the rest of the Agreement.

18.7 Choice of Law
This Agreement is governed by the laws of Kenya. Disputes will be handled in Kenyan courts, except where IntaSend’s IP rights are at stake.

18.8 Independent Legal Advice
You acknowledge that IntaSend does not provide legal advice and that you had the opportunity to seek independent legal counsel.

18.9 Language
This Agreement is drafted in English and shall prevail in the event of translation disputes.

18.10 Good Faith
Parties agree to act in good faith and work together to fulfill the Agreement’s objectives.

18.11 Dispute Resolution
Parties shall attempt to resolve disputes amicably. If unresolved within 14 days, disputes shall be referred to Kenyan courts.

Contact Us
For questions or comments, contact: support@intasend.com