AfriCore-OS
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Last Updated:3 October 2026
Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of AfriCore-OS (the "Platform"), a cloud-based core banking platform provided by AfriCore-OS ("we", "us", "our"), of Nyerere Rd, Mombasa, Kenya. By signing an order form or using the Platform, the institution you represent ("Client") agrees to these Terms.
1. Definitions
Client: a SACCO, microfinance institution, cooperative, digital lender, bank or similar institution that subscribes to the Platform.
Authorised Users: the Client's staff and agents who are given access to the Platform.
Client Data: all data entered into or generated through the Platform by or for the Client, including member and customer records, accounts, loans and transactions.
Services: the Platform, including member management, savings, loans, general ledger, reporting, mobile and internet banking, M-Pesa and mobile money integration, notifications, APIs, and related support.
2. Use of the Platform
2.1 We grant the Client a non-exclusive, non-transferable, revocable right to use the Platform during the subscription term for its internal business operations. 2.2 The Client must not copy, modify, reverse engineer, resell, sublicense or provide the Platform to third parties except as agreed in writing. 2.3 The Client must not use the Platform for unlawful activity, including money laundering, fraud or terrorist financing, or in a way that harms the Platform's security or performance. 2.4 We own all intellectual property in the Platform. The Client keeps ownership of its Client Data and grants us a licence to process it only to provide and support the Services.
3. Accounts and Access
3.1 We will create administrator accounts. The Client manages Authorised Users through role-based permissions. 3.2 Credentials must be kept confidential and must not be shared. The Client is responsible for all activity under its accounts. 3.3 The Client must notify us promptly of any suspected unauthorised access.
4. Service Availability
4.1 We aim to make the Platform available [99.5]% of the time each month, excluding scheduled maintenance, emergency maintenance and events outside our reasonable control. 4.2 We will give reasonable advance notice of scheduled maintenance, where practicable [at least 48 hours]. 4.3 Availability may be affected by third parties, including mobile network operators, M-Pesa and other mobile money providers, internet providers and cloud hosts. We are not responsible for their outages or delays. 4.4 Support is provided through [support hours and channels]. Service credits, if any, are set out in the applicable order form.
5. Fees and Payment
5.1 The Client will pay the subscription, set-up, implementation, training, transaction and other fees in the order form or fee schedule ([amounts/currency: KES]). 5.2 Invoices are payable within [14/30] days of the invoice date, by bank transfer, M-Pesa or another method we agree. 5.3 Fees exclude VAT and other applicable taxes, which the Client pays unless the law requires otherwise. 5.4 Late payments may attract interest at [x]% per month. We may suspend the Services after [x] days' written notice of non-payment. 5.5 We may revise fees on at least [60] days' written notice, effective at the next renewal or, for ongoing terms, after the notice period. 5.6 Fees are non-refundable unless these Terms or the law say otherwise.
6. Client Responsibilities
The Client is responsible for:
the accuracy, legality and completeness of Client Data;
compliance with all laws and regulations that apply to it, including licensing, SASRA or Central Bank of Kenya requirements where relevant, anti-money-laundering and know-your-customer obligations, and consumer protection rules;
obtaining all consents and legal bases needed to process its members' and customers' personal data, and complying with the Kenya Data Protection Act, 2019;
its own loan, savings and lending decisions, interest rates, member communications and regulatory reporting. The Platform supports these, but we do not provide financial, legal or compliance advice;
reviewing reports and reconciling transactions, and keeping its own internal controls;
suitable devices, internet connectivity and trained staff;
its integrations with third parties and their terms (for example, M-Pesa).
7. Data Protection and Security
7.1 We will apply reasonable technical and organisational measures to protect Client Data, including encryption, access controls and backups. 7.2 For personal data, the Client is the data controller and we act as data processor. We will process it only on the Client's documented instructions, as set out in our Privacy Policy and any data processing agreement. 7.3 We will notify the Client without undue delay on becoming aware of a personal data breach affecting Client Data. 7.4 On termination, the Client may request an export of its Client Data within [30] days. After that we will delete or anonymise it, subject to legal retention requirements.
8. Third-Party Services
The Platform integrates with third-party services such as M-Pesa and other mobile money providers, SMS gateways and payment systems. These are governed by their own terms. We do not control them and are not liable for their acts or omissions.
9. Confidentiality
Each party will keep the other's confidential information secret, use it only for the purposes of these Terms, and disclose it only to those who need to know it or where required by law or a regulator.
10. Warranties and Disclaimers
10.1 We warrant that we will provide the Services with reasonable skill and care. 10.2 Except as stated, the Platform is provided "as is" and "as available". To the extent the law permits, we exclude all implied warranties, including that the Platform will be uninterrupted or error-free, or will meet the Client's regulatory requirements without the Client's own compliance measures.
11. Limitation of Liability
11.1 Nothing in these Terms limits liability that cannot lawfully be limited, including for fraud, or for death or personal injury caused by negligence. 11.2 To the extent the law permits, we are not liable for indirect, incidental or consequential loss, or for loss of profit, revenue, goodwill, business or anticipated savings. 11.3 Our total aggregate liability arising from these Terms in any 12-month period is limited to the fees the Client paid us for the Services in the [12] months before the event giving rise to the claim. 11.4 We are not liable for loss caused by the Client's breach, misuse of the Platform, inaccurate data, compromised credentials, third-party failures, or events beyond our reasonable control (see clause 14).
12. Indemnity
The Client will indemnify us against third-party claims, losses and costs arising from its Client Data, its breach of these Terms or applicable law, or its dealings with its own members and customers.
13. Term and Termination
13.1 These Terms apply from acceptance and continue for the subscription term in the order form, renewing as stated there. 13.2 Either party may terminate on [30] days' written notice, or immediately by written notice if the other commits a material breach that is not remedied within [14] days of notice, or becomes insolvent. 13.3 We may suspend access immediately where needed to protect the Platform's security, or where the law or a regulator requires. 13.4 On termination, the Client's right to use the Platform ends and unpaid fees become due. Clauses that by nature should survive (payment, confidentiality, liability, governing law) continue.
14. Force Majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, power or network failure, cyber-attacks despite reasonable safeguards, pandemics, government action or industrial action. Payment obligations are not excused.
15. Changes to These Terms
We may update these Terms by giving reasonable written notice. Continued use after the effective date means acceptance. Where a change is materially adverse, the Client may terminate before it takes effect.
16. Notices
Notices must be in writing and sent to the addresses in the order form. For us: africoreos@gmail.com, or Nyerere Rd, Mombasa. Email notices are treated as received on the next business day.
17. General
Entire agreement: these Terms, the order form and any data processing agreement are the whole agreement.
Assignment: the Client may not assign its rights without our written consent.
Severability: an unenforceable provision does not affect the rest.
Waiver: failing to enforce a right is not a waiver of it.
No partnership: the parties are independent contractors.
18. Governing Law and Disputes
18.1 These Terms are governed by the laws of the Republic of Kenya. 18.2 The parties will first try to resolve a dispute through good-faith negotiation for [30] days. If that fails, they may refer it to mediation, or arbitration in Mombasa under the Arbitration Act, 1995 (Kenya) [by a sole arbitrator]. 18.3 Subject to that, the courts of Kenya have exclusive jurisdiction.
19. Contact
AfriCore-OS, Nyerere Rd, Mombasa · Tel: 020 2318400 · Email: africoreos@gmail.com · Web: https://africore-os.com
AfriCore-OS
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