1. Acceptance of terms
These Terms of Service ("Terms") govern access to and use of the application programming interface, dashboard, documentation, and related services provided by NectPay Ltd ("NectPay", "we", "us") (together, the "Service"). By registering for, accessing, or using the Service, you ("Client", "you") agree to be bound by these Terms on behalf of yourself and the business entity you represent.
If you do not agree to these Terms, you must not access or use the Service.
2. Eligibility
The Service is intended for use by businesses, not consumers. By using the Service you represent that you are entering into these Terms on behalf of a registered business entity with authority to bind that entity, and that your use of the Service complies with all laws applicable to your business and the jurisdictions in which you operate.
NectPay reserves the right to conduct know-your-business (KYB) and know-your-customer (KYC) checks before granting or continuing access to the Service, and to decline service to any prospective client at its discretion, including where required by sanctions or anti-money laundering obligations.
3. Description of service
NectPay provides API-based infrastructure for initiating cross-border payouts into African markets, including currency conversion, compliance screening, and routing across banking, mobile money, agent network, and digital asset settlement rails. NectPay is an infrastructure provider; in markets where NectPay does not hold direct regulatory authorisation, the Service is delivered in partnership with licensed financial institutions who are responsible for the regulated elements of fund-holding and settlement in that market.
NectPay does not guarantee that any specific payment rail will be available for any specific corridor at any specific time, and reserves the right to add, remove, or substitute rails as commercial and regulatory circumstances require.
4. Account & API access
- You are responsible for safeguarding API keys and credentials issued to you, and for all activity that occurs under your account.
- You must notify NectPay immediately of any suspected unauthorised access to your account or credentials.
- NectPay may impose reasonable rate limits, transaction limits, or usage restrictions on the Service for risk management, fraud prevention, or capacity reasons.
5. Fees & FX
Fees for use of the Service are set out in your applicable pricing agreement with NectPay, which may include a percentage-based transaction fee and a foreign exchange margin applied to currency conversion. NectPay will disclose its FX margin and applicable fees prior to a payout being executed, consistent with our commitment to transparent pricing.
Fees are exclusive of any applicable taxes, which are your responsibility unless otherwise stated.
6. Your compliance obligations
You are responsible for:
- Ensuring that you have a lawful basis and, where applicable, the consent of any individual whose personal data you submit to NectPay for processing (e.g. payout recipients).
- Providing accurate and complete recipient and transaction information sufficient to meet the destination jurisdiction's compliance requirements.
- Not using the Service to facilitate money laundering, terrorist financing, sanctions evasion, fraud, or any other unlawful activity.
- Complying with all laws applicable to your own business, including those of your home jurisdiction and the destination markets you send payments to.
7. Prohibited use
You must not use the Service to:
- Send funds to or from any individual or entity on an applicable sanctions list.
- Process transactions related to illegal goods or services, including but not limited to unlicensed gambling, counterfeit goods, or controlled substances.
- Circumvent, probe, or interfere with NectPay's compliance screening, rate limiting, or security controls.
- Misrepresent the identity of a payout recipient or the purpose of a transaction.
- Reverse-engineer, resell, or sublicense the Service except as expressly permitted in a separate written agreement.
8. Service availability
NectPay will use reasonable efforts to maintain availability of the Service but does not guarantee uninterrupted or error-free operation. Scheduled maintenance and rail-partner outages outside NectPay's control may affect availability. Specific uptime commitments, where offered, are set out in a separate Service Level Agreement for enterprise clients.
9. Limitation of liability
To the maximum extent permitted by law, NectPay's total liability arising out of or related to the Service shall not exceed the fees paid by you to NectPay in the three (3) months preceding the event giving rise to the claim. NectPay shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits or business opportunity, except in cases of fraud, wilful misconduct, or where liability cannot be lawfully excluded (including death or personal injury caused by negligence).
NectPay is not liable for delays or failures caused by third-party payment rail partners, provided NectPay has acted reasonably in selecting and overseeing those partners.
10. Indemnity
You agree to indemnify and hold NectPay harmless from claims, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of applicable law, or your misuse of the Service, except to the extent caused by NectPay's own breach or negligence.
11. Suspension & termination
NectPay may suspend or terminate your access to the Service, with or without notice, where: (a) required by law or regulator instruction; (b) we reasonably suspect fraud, money laundering, sanctions violations, or other illegal activity; (c) you materially breach these Terms; or (d) continuing to provide the Service would expose NectPay to legal or regulatory risk. Where practicable, NectPay will provide notice and an opportunity to remedy a breach before termination.
You may terminate your use of the Service at any time, subject to settlement of any outstanding fees and completion of any payouts already in progress.
12. Intellectual property
NectPay retains all rights, title, and interest in the Service, including its software, API design, documentation, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your agreement with NectPay — no other rights are granted.
13. Governing law
These Terms are governed by the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, save where mandatory consumer or local regulatory protections require otherwise.
14. Changes to these terms
NectPay may update these Terms from time to time. Material changes will be communicated to active clients with reasonable advance notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms can be directed to legal@nectpay.com.