Payment Terms for Ikon Pay

These terms apply when you pay an invoice issued by Ikon Kode Limited, company registration number PVT-GYUP7Q7, or make a payment through our Ikon Pay checkout.

By making a payment you accept these terms. If you do not accept them, do not proceed with the payment.

These terms cover the payment itself. The service you are paying for is governed by its own service agreement, and where the two conflict on a matter of service delivery, the service agreement takes precedence.

Ikon Pay is our own billing and payments platform. We use it to invoice our customers and collect amounts owed to us. We are not a payment service provider, we do not hold funds on behalf of others, and we do not offer Ikon Pay to third-party businesses.

Payments are processed by licensed providers: Safaricom PLC (M-Pesa), Pesapal and Paystack. Your payment is subject to their terms as well as ours, and their systems, not ours, handle your card details and mobile money PIN.

Invoices. Each invoice carries a reference number and is issued to a named recipient email address. To view and pay it you must confirm that email address. Keep your invoice reference private, since anyone holding it who can confirm the email address can view the invoice.

Payment methods. You may pay by M-Pesa, or by card or bank transfer through Pesapal or Paystack, depending on which methods are enabled for your invoice.

Partial payments. Where an invoice permits it, you may pay part of the balance. The invoice remains open and the outstanding amount remains due until settled in full.

Currency. Amounts are stated and charged in Kenyan Shillings (KES) unless the invoice says otherwise.

Fees. We do not add a surcharge for using Ikon Pay. Your bank, card issuer or mobile money provider may charge you a transaction fee, and any currency conversion is applied by them, not by us. Those charges are yours to bear.

Security. We will never ask you for your M-Pesa PIN, your full card number, or your card's CVV. Enter your PIN only on the prompt that appears on your own handset. If anyone claiming to represent us asks for these, it is not us. Write to contact@ikon.ke immediately.

A payment is complete only when we receive confirmation from the payment provider. Until then it is pending, even if your handset or bank has already shown a debit.

M-Pesa payments are confirmed against the transaction reference returned by Safaricom. Card payments are confirmed against the reference returned by Pesapal or Paystack.

If your account is debited but the payment does not appear against your invoice within 24 hours, write to contact@ikon.ke with your transaction reference. We will investigate with the payment provider and either apply the payment or arrange for it to be returned.

Checkout sessions expire. If you begin a payment and do not complete it, the session expires and you will need to start again. Nothing is charged for an expired session.

An invoice with an outstanding balance after its due date is automatically marked overdue. We may suspend or withhold the service the invoice relates to while an amount remains overdue, and we may recover reasonable costs of collection. Interest on late payment, if charged, will be as stated on the invoice.

Where you take a subscription:

• Renewal. The subscription renews automatically at the end of each billing period at the amount stated when you subscribed.
• Authority to charge. By subscribing with a card, you authorise us, through Pesapal or Paystack, to charge that card on each renewal date until you cancel.
• Reminders. We send a reminder before each renewal to the email address on the subscription.
• First payment. If the initial payment is not completed within ten minutes of the subscription being created, it is cancelled automatically and you may start again.
• Failed renewal. If a renewal payment is not received by the due date, the subscription is marked past due. Any grace period is stated at the point of subscribing. If payment is still not received when that grace period ends, the subscription is cancelled automatically and access to the service may stop.
• Cancellation by you. You may cancel at any time by writing to contact@ikon.ke. Cancellation takes effect at the end of the period you have already paid for. We do not refund the unused part of a period.
• Price changes. We may change the recurring amount at any time. A changed amount applies from your next renewal date, not to a period you have already paid for. If you do not accept a new amount, cancel before that renewal date.

All payments are final and non-refundable.

We do not offer refunds, credits or pro-rated amounts for cancelled subscriptions, for periods of non-use, or for services already delivered.

This does not affect your rights under the Consumer Protection Act, 2012 or any other Kenyan law that cannot be excluded by agreement. If a payment was taken in error, taken twice, or taken for an amount other than the amount invoiced, we will return the difference. That is a correction, not a refund.

If you believe a payment is wrong, contact us before raising a dispute with your bank or card issuer. We would rather fix it directly.

Where you raise a chargeback for a payment properly due, we may suspend the related service until the matter is resolved, and recover from you any fee the payment provider charges us in connection with the dispute.

You agree that:

• The information you give us, being your name, email address and phone number, is accurate, and you will tell us if it changes.
• You are authorised to use the payment method you are using.
• You will not use Ikon Pay for any unlawful purpose, including money laundering, fraud, or payment for anything prohibited by Kenyan law.
• You will not attempt to interfere with, probe, overload or gain unauthorised access to the platform. Doing so may constitute an offence under the Computer Misuse and Cybercrimes Act, 2018.

We may refuse or reverse a payment, and suspend access, where we reasonably suspect fraud, unauthorised use of a payment method, or a breach of these terms.

We aim to keep Ikon Pay available at all times but do not guarantee uninterrupted availability. The platform depends on Safaricom, Pesapal, Paystack and our hosting provider, and may be unavailable during maintenance or because of a failure at one of them. Where a payment cannot be made because of an outage, we will not treat the resulting delay as your default.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

Subject to that, and so far as the law permits:

• We are not liable for any indirect or consequential loss, loss of profit, loss of business, loss of goodwill, or loss of data arising from your use of Ikon Pay.
• We are not liable for the acts, omissions, outages, delays or charges of Safaricom, Pesapal, Paystack, your bank or your card issuer.
• Our total liability to you in connection with a payment is limited to the amount of that payment.

We handle your personal data in accordance with our Privacy Policy, which forms part of these terms and explains what we collect, who we share it with, where it is stored, and what rights you have under the Data Protection Act, 2019.

We may change these terms at any time, at our sole discretion, without prior notice. Changes take effect as soon as the revised terms are published on our site, and the version published at the time you make a payment is the version that governs it. It is your responsibility to review these terms before each payment. Continuing to use Ikon Pay after a change means you accept it.

The only exception is section 6: a change to the recurring amount on an existing subscription applies from your next renewal date, not to a period already paid for.

If a dispute arises, the parties will first attempt to resolve it in good faith through discussion within 30 days of written notice.

If it is not resolved in that time, the dispute shall be referred to and finally resolved by arbitration by a single arbitrator under the Arbitration Act, 1995, administered by the Nairobi Centre for International Arbitration in accordance with its rules. The seat of arbitration is Nairobi and the language is English. The arbitrator's decision is final and binding.

Nothing in this clause prevents either party from seeking urgent interim relief from a court, or from bringing a claim within the jurisdiction of the Small Claims Court where it is competent to hear it.

Governing law. These terms are governed by the laws of Kenya.

Severance. If any provision is found unenforceable, the remainder continues in force.

Entire agreement. These terms, the Privacy Policy and the relevant invoice or service agreement form the whole agreement between us on the subject of payment.

No waiver. If we do not enforce a right, that is not a waiver of it.

Contact. Ikon Kode Limited, contact@ikon.ke