Terms of Service

Who We Are and How to Contact Us

PawaHR ("PawaHR", "we", "us", or "our") is a cloud-based human resource and payroll platform for small and medium-sized enterprises in Kenya, accessible at pawahr.com and app.pawahr.com. PawaHR is currently operated by its founder as an unincorporated business. A company, PawaHR Limited, is in the process of being incorporated; until incorporation completes, your contract is with the founder personally, trading as PawaHR.

Our platform enables employers to manage employee records, record attendance, process payroll, calculate statutory deductions (PAYE, NSSF, SHIF, Housing Levy), generate payslips and KRA P9A certificates, and manage leave.

Scope and Agreement to These Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PawaHR governing your access to and use of the PawaHR platform, website, mobile application, APIs, and all related services (collectively, the "Services").

By registering an account, subscribing to a plan, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you are accessing the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

These Terms must be read together with our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy on matters of data protection, the Privacy Policy shall prevail.

These Terms are governed by the laws of Kenya, including but not limited to the Companies Act (No. 17 of 2015), the Kenya Information and Communications Act (Cap. 411A), the Employment Act, 2007 (No. 11 of 2007), the Income Tax Act (Cap. 470), and the Consumer Protection Act, 2012 (No. 46 of 2012).

Definitions

The following capitalised terms carry the meanings set out below throughout these Terms:

Our Services

PawaHR provides a cloud-based HR and payroll management platform. The Services include, as available under your Subscription plan:

• Attendance recording — employee clock-in and clock-out, hours worked, late flagging, and self-correction requests subject to approval. Where an employee does not clock out, the platform closes the record automatically at 23:59 East Africa Time and marks it as an automatic closure, distinct from a self-recorded clock-out.
• Overtime calculation — overtime hours derived from recorded attendance against a configurable weekly threshold, at the statutory 1.5× standard and 2× rest-day and public-holiday rates.
• Payroll processing — calculation of gross pay, statutory deductions (PAYE, NSSF, SHIF, Housing Levy), net pay, and payslip generation.
• P9A certificate generation — annual tax deduction certificates for employees.
• Salary disbursement — integration with Safaricom's Daraja B2C API to disburse net salaries directly to employees' registered M-Pesa numbers.
• Leave management — leave application, approval workflows, balance tracking, and statutory leave compliance (annual, sick, maternity, paternity, compassionate, and other types under the Employment Act, 2007).
• Employee records management — digital employee profiles, document storage, contract management, and employment history.
• Reporting — payroll reports and statutory remittance summaries.
• Notifications and communications — in-app notifications, email alerts for payroll events, leave decisions, and compliance reminders.

The specific features available to you depend on your Subscription plan. PawaHR reserves the right to modify, add, or remove features as the platform evolves. Material changes to the Services will be communicated in accordance with Section 15.

Account Registration and Security

Registration

To access the Services, a Client must register an Account by providing accurate, complete, and current information including the company's legal name, business address, and a valid business email address. PawaHR reserves the right to refuse registration or suspend an Account where the information provided is found to be inaccurate, misleading, or in violation of these Terms.

Account credentials

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. Passwords must meet the minimum strength requirements enforced by the platform (minimum 8 characters, at least one uppercase letter, one number, and one special character). You must not share your credentials with any person who is not an authorised user of your Account.

Unauthorised access

You must notify PawaHR immediately at support@pawahr.com if you suspect any unauthorised access to or use of your Account. PawaHR will not be liable for any loss or damage arising from your failure to safeguard your credentials or to notify us promptly of a suspected breach.

Multiple user roles

Clients may designate users within their Account with different access roles (Admin, Manager, Employee). Each user is bound by these Terms. The Client is responsible for all actions taken by users operating under its Account, regardless of the role assigned to them.

One organisation per account

Each Account corresponds to a single subscribing organisation. Use of a single Account to operate payroll for multiple unrelated legal entities is not permitted unless you are subscribed to a plan that explicitly supports multi-entity management.

Client Obligations and Statutory Compliance

Clients bear primary responsibility for the accuracy, legality, and completeness of all data entered into the platform and for compliance with Kenyan employment and tax law. PawaHR provides tools that automate statutory calculations; it does not provide legal, tax, or accounting advice.

Data accuracy

Clients must ensure that all employee data — including salary figures, KRA PIN numbers, national ID numbers, M-Pesa phone numbers, NSSF member numbers, SHIF numbers, employment dates, and leave entitlements — is accurate and kept up to date. PawaHR's statutory calculations are only as accurate as the data entered by the Client.

Statutory obligations

Clients remain solely responsible for:

• Filing PAYE returns with the Kenya Revenue Authority (KRA) through the iTax portal within statutory deadlines — [Income Tax Act, Cap. 470]
• Remitting NSSF contributions to the National Social Security Fund within the required period — [NSSF Act, Cap. 258]
• Remitting SHIF contributions to the Social Health Authority within the required period — [Social Health Insurance Act, 2023]
• Remitting the Affordable Housing Levy within the required period
• Complying with all requirements of the Employment Act, 2007, including leave entitlements, notice periods, and termination procedures

Statutory rate changes

Statutory rates (PAYE bands, NSSF tiers, SHIF rates, Housing Levy rate) are updated by PawaHR in accordance with changes to Kenyan law as published by the relevant authorities. PawaHR will use reasonable endeavours to apply such changes promptly, but Clients should verify that rates applied in any Payroll Run reflect the current law before approving disbursement.

Employee consent and notification

By uploading employee personal data to PawaHR, Clients represent and warrant that they have a lawful basis under the DPA 2019 to process that data and to share it with PawaHR as Data Processor. Clients are responsible for informing their employees, in line with the DPA 2019, that their personal data is processed through PawaHR's platform. [DPA 2019, s.29]

Employment Act leave compliance

Clients are responsible for configuring leave types and entitlements in accordance with the Employment Act, 2007. PawaHR enforces leave rules as configured by the Client. Where a Client's configuration does not meet statutory minimums, the Client — not PawaHR — bears responsibility for any non-compliance.

Employee Access and Employee Obligations

Employee Users access the PawaHR platform at the invitation of their employer (the Client). The Client, as the subscribing party, controls the scope of access available to Employee Users. PawaHR does not independently contract with Employee Users.

Disputes between an Employee User and their employer regarding employment matters (salary, leave decisions, termination) are governed by the Employment Act, 2007 and are to be resolved between the parties. PawaHR is not an employer of Employee Users and is not a party to any employment dispute. [Employment Act, 2007, s.47]

Subscriptions, Fees, and Payment

Subscription plans

Access to PawaHR's full feature set requires an active paid Subscription. PawaHR may offer different subscription tiers with varying features and employee limits. Details of current plans and pricing are published at www.pawahr.com/#pricing and are subject to change in accordance with Section 15.

Fees

All fees are stated in Kenyan Shillings (KES) unless otherwise specified, and are exclusive of any applicable taxes. Clients are responsible for any taxes, levies, or duties imposed by applicable law on the fees payable to PawaHR.

Payment

Subscription payments are processed through the payment method designated at the time of subscription, which may include M-Pesa (Lipa Na M-Pesa) or other accepted methods as communicated through the platform. Payments are due in advance of each billing period. Failure to pay on the due date may result in suspension of access to the Services.

Refunds

Subscription fees are generally non-refundable except where required by law. If PawaHR is unable to deliver the Services for reasons within its control, we will provide a pro-rated credit or refund for the affected period, at our discretion.

Free trial

PawaHR may offer a free trial period for new Clients. At the end of a trial period, continued access requires conversion to a paid Subscription. PawaHR reserves the right to modify or discontinue free trial terms at any time.

Price changes

PawaHR will provide at least 30 days' prior written notice (by email to the registered Admin User) before any increase in Subscription fees takes effect. Continued use of the Services after the effective date of a price change constitutes acceptance of the new fees.

Payroll Disbursement via M-Pesa (Daraja)

PawaHR integrates with Safaricom PLC's Daraja B2C API to enable salary disbursements directly from the Client's designated shortcode to employees' registered M-Pesa phone numbers. The following terms govern this feature specifically.

Client's responsibility to verify data

Before initiating any disbursement, the Client's Admin User must verify that all employee M-Pesa phone numbers recorded in the platform are accurate and current. PawaHR processes disbursements to the M-Pesa number recorded in the employee's profile (employeeProfile.mpesaPhone). PawaHR will never fall back to an unverified alternative number. A missing or unverified M-Pesa number is a hard block on disbursement for that employee.

Idempotency and retry limits

Each disbursement is subject to an idempotency check. PawaHR will not initiate a payment to the same employee for the same payroll period where a payment with status PENDING or SUCCESS already exists. Only payments with status FAILED or TIMEOUT are eligible for retry, subject to a maximum of three retry attempts.

Daraja result codes

Disbursement results are communicated by Safaricom via callback. PawaHR will surface all result statuses to the Admin User. Certain error codes (including Daraja ResultCode 8006, indicating an initiator lockout) require manual resolution by the Client's HR or Admin team before further disbursements can proceed. PawaHR will notify Admin Users of such events promptly.

Third-party service disclaimer

M-Pesa and the Daraja API are services provided by Safaricom PLC, a third party. PawaHR has no control over Safaricom's infrastructure, uptime, or operational rules. PawaHR shall not be liable for any delay, failure, or error in salary disbursement that arises from Safaricom's systems, network issues, or changes to the Daraja API. Clients experiencing disbursement failures attributable to Safaricom should contact Safaricom directly.

Overnight shift protection

PawaHR's automatic 23:59 East Africa Time attendance closure applies where an employee has clocked in but not clocked out. Clients are responsible for correctly configuring working patterns, rest days, and overtime thresholds in the platform to ensure accurate payroll outputs.

Intellectual Property Rights

PawaHR's intellectual property

PawaHR is the owner or licensee of all intellectual property rights in the Services, including all source code, databases, algorithms, software architecture, website design, user interface elements, audio, video, text, graphics, and trade marks contained therein (collectively, the "PawaHR IP"). Until incorporation completes, these rights are held by the founder personally and will be assigned to PawaHR Limited on incorporation.

PawaHR IP is protected under the Industrial Property Act (Cap. 509), the Copyright Act (Cap. 130), and applicable international intellectual property treaties. Nothing in these Terms transfers any ownership of PawaHR IP to you.

Licence to use the Services

Subject to your compliance with these Terms, PawaHR grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your internal business purposes in connection with managing your HR and payroll operations. This licence does not include the right to:

• Copy, reproduce, or create derivative works from any part of the Services or PawaHR IP
• Sell, resell, license, sublicense, or otherwise commercially exploit the Services
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any component of the Services
• Remove, alter, or obscure any proprietary notices or trade marks on the Services
• Use the Services to build a competing product or service

Client data ownership

You retain full ownership of all data you submit to the Services, including employee records, payroll data, and documents ("Client Data"). You grant PawaHR a limited, non-exclusive licence to process Client Data solely to the extent necessary to provide the Services and as described in our Privacy Policy. PawaHR does not claim any ownership over Client Data.

Feedback

If you submit suggestions, ideas, or feedback about the Services to PawaHR ("Feedback"), you grant PawaHR a perpetual, irrevocable, royalty-free licence to use that Feedback for any purpose without obligation or compensation to you. PawaHR is not required to treat Feedback as confidential.

Any breach of these intellectual property provisions shall constitute a material breach of these Terms and PawaHR reserves the right to terminate your access immediately and pursue all available legal remedies.

Data Processing — Incorporation of Privacy Policy

PawaHR processes personal data in connection with the delivery of the Services. The full details of how we collect, use, store, share, and protect personal data — and the rights of data subjects — are set out in our Privacy Policy, which is incorporated into these Terms by reference.

Data Processing Agreement

Where PawaHR processes personal data on behalf of a Client (as Data Processor), the terms of Section 3 of the Privacy Policy ("Our Dual Role — Data Controller and Data Processor") currently serve as the data processing terms between PawaHR and the Client. [DPA 2019, s.19] These terms are interim. We are preparing a standalone Data Processing Agreement to be signed by both parties, which will set out the sub-processor list, cross-border transfer position, security measures, breach notification chain, audit rights, and deletion obligations in full, and which cannot be varied by PawaHR unilaterally. That agreement will be executed with each Client before any employee data is onboarded.

Key data commitments

• PawaHR will not sell, licence, or share Client Data or employee personal data with third parties for advertising or commercial purposes.
• Personal data is retained in accordance with the retention schedule in the Privacy Policy.
• On account termination, data is anonymised or deleted in accordance with the Privacy Policy and applicable law.
• Employee records are held in a PostgreSQL database hosted by Railway in the European Union. Generated payslips and file-based assets are stored in Cloudflare R2 object storage and require authentication to access. The full list of sub-processors and their locations is in Section 7 of the Privacy Policy.

For data subject rights requests and breach notifications, please refer to the Privacy Policy or contact privacy@pawahr.com.

Prohibited Activities

You may use the Services only for lawful purposes and in accordance with these Terms. As a user of the Services, you agree not to:

• Access or use the Services for any purpose that is unlawful under Kenyan law or the law of any other applicable jurisdiction.
• Input false, inaccurate, or fabricated employee data — including false salary figures, KRA PIN numbers, national ID numbers, or M-Pesa numbers — into the platform.
• Attempt to circumvent, disable, or interfere with security features of the platform, including authentication mechanisms, role-based access controls, or audit log systems.
• Access any account, employee record, or payroll data beyond your authorised permission scope.
• Delete, alter, or falsify any audit log entry. Audit logs are append-only and any attempt to tamper with them constitutes a serious breach of these Terms and may constitute a criminal offence.
• Use the Services to process payroll or HR data for any organisation other than the registered Client without express authorisation from PawaHR.
• Upload or transmit any virus, malicious code, Trojan horse, or other harmful software or material to the platform.
• Systematically extract data from the Services using automated tools (scraping, bots, spiders, crawlers) without PawaHR's express prior written consent.
• Attempt to reverse engineer, decompile, or disassemble any component of the Services.
• Use the Services to harass, abuse, or harm any employee, manager, or third party.
• Impersonate any person or entity, or misrepresent your authority to act on behalf of a company.
• Use the Services in a manner that could damage, overburden, or impair the platform's infrastructure or interfere with other users' access.
• Attempt to initiate, retry, or manipulate payroll disbursements in a manner inconsistent with these Terms or the platform's idempotency and retry rules (see Section 9).
• Use the Services to compete with PawaHR or to build a substantially similar or competing service.

PawaHR reserves the right to investigate suspected violations and to cooperate with law enforcement authorities. Violations may result in immediate account suspension, termination, and legal action.

Services Management and Availability

PawaHR reserves the right, in its sole discretion and without prior notice, to:

• Monitor the Services for violations of these Terms and applicable law
• Take appropriate action against any user who, in PawaHR's determination, violates these Terms, including suspending or terminating account access and reporting to law enforcement authorities
• Refuse, restrict, or disable access to any Content or features where necessary to protect the integrity, security, or performance of the Services
• Remove or disable any data, file, or content that is excessive, illegal, harmful, or in breach of these Terms
• Perform scheduled or emergency maintenance on the platform

Availability

PawaHR will use commercially reasonable efforts to maintain platform availability. However, we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, updates, infrastructure issues, or events beyond our reasonable control (including failures of third-party cloud infrastructure, telecommunications networks, or Safaricom's Daraja API). PawaHR shall not be liable for any loss or inconvenience caused by service unavailability.

Backups

PawaHR performs regular backups of platform data. However, you are solely responsible for maintaining your own independent records of payroll outputs, statutory filings, and employee data that you are required by law to retain. PawaHR's backups are for platform recovery purposes and do not substitute for Clients' own record-keeping obligations.

Shared infrastructure

PawaHR runs on shared cloud infrastructure provided by third parties (Railway, Vercel, Cloudflare), meaning physical hardware is shared with those providers' other customers. Within the platform, access is controlled by role-based access controls and authentication boundaries. PawaHR will notify Clients in advance of any material change to how Client data is separated.

Term and Termination

Duration

These Terms remain in full force and effect for the duration of your Subscription and thereafter as necessary to give effect to provisions that survive termination (including data retention, intellectual property, and liability provisions).

Termination by you

A Client may terminate its Subscription at any time by providing written notice to support@pawahr.com. Termination will take effect at the end of the then-current billing period unless you have notified us of an earlier effective date. Termination does not entitle you to a refund of pre-paid fees except as expressly provided in Section 8.

Termination by PawaHR

PawaHR may suspend or terminate your Account and access to the Services immediately, without notice or liability, if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice (where the breach is capable of remedy)
• You engage in a Prohibited Activity as set out in Section 12
• You fail to pay any Subscription fee when due and the non-payment continues for more than 14 days after written notice
• We are required to do so by applicable law, court order, or regulatory authority
• We determine, in our sole discretion, that continued access poses a risk to the security, integrity, or reputation of the platform or to other users

Effect of termination

Upon termination of your Account:

• Your access to the Services will cease immediately or at the end of the notice period, as applicable
• Employee User access associated with your Account will also be revoked
• PawaHR will retain your data for the period required by law and the Privacy Policy retention schedule, after which it will be anonymised or deleted. Where a data subject's right to erasure conflicts with a mandatory legal retention obligation (such as the KRA's 7-year payroll audit window under the Income Tax Act), the legal obligation takes precedence and data will be retained for the minimum legally required period before deletion.
• You must download any payroll records, payslips, or statutory documents you require within the period notified by PawaHR before deletion. Where export functionality is available in the platform, exports are provided in XLSX (Excel) format for payroll, leave and headcount reports, and PDF format for individual payslips. Where it is not, PawaHR will provide an export on request. PawaHR will make your data available to you for a minimum of 30 days following account termination before it is permanently deleted.
• Provisions of these Terms that by their nature survive termination — including Sections 10, 11, 17, 18, 19, and 21 — shall continue to apply

If we terminate or suspend your account, you are prohibited from re-registering under your own name, a fictitious name, or the name of any third party without PawaHR's prior written consent.

Modifications to These Terms and the Services

Changes to these Terms

PawaHR may update these Terms at any time. For material changes — those that meaningfully affect your rights or obligations — we will:

• Update the "Last updated" date at the top of this page
• Notify all active Admin Users by email at least 14 days before the changes take effect
• Display a prominent in-app notice within the PawaHR platform

For non-material changes (typographical corrections, clarifications that do not alter your rights or obligations), we will update the Terms without prior notice but will reflect the updated date. Continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

Changes to the Services

PawaHR reserves the right to modify, add, or remove features and functionality of the Services at any time. We will use reasonable endeavours to communicate significant changes to the Services in advance. PawaHR shall not be liable to you for any modification, price change, suspension, or discontinuance of the Services made in accordance with these Terms.

The current version of these Terms is always available at www.pawahr.com/legal/terms-of-service.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY KENYAN LAW, PAWAHR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO:

• The implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Services will be uninterrupted, timely, error-free, or free from viruses or other harmful components
• Any warranty as to the accuracy, completeness, or currentness of statutory rates, calculations, or compliance outputs generated by the Services
• Any warranty regarding the continuous availability of the Daraja M-Pesa disbursement integration, which is subject to Safaricom PLC's own terms and service levels

PawaHR does not warrant, endorse, or assume responsibility for any third-party products or services linked to or referenced within the Services, including but not limited to KRA iTax, the NSSF portal, the SHIF portal, or Safaricom's Daraja platform.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY KENYAN LAW, IN NO EVENT WILL PAWAHR OR ITS AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• Indirect, incidental, consequential, special, exemplary, or punitive damages
• Loss of profits, revenue, data, business, goodwill, or anticipated savings
• Loss arising from errors, omissions, or inaccuracies in payroll calculations or statutory deduction outputs
• Loss arising from failed, delayed, or incorrect salary disbursements attributable to Safaricom's Daraja system or M-Pesa network
• Loss arising from KRA penalties, NSSF surcharges, SHIF penalties, or other statutory fines resulting from inaccurate data entered by the Client
• Loss arising from your inability to access the Services during downtime or service interruption
• Loss arising from unauthorised access to your Account due to your failure to maintain the security of your credentials

IN ANY EVENT, PAWAHR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO PAWAHR IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these restrictions apply to you under Kenyan consumer protection law, some or all of the above limitations may not apply, and you may have additional rights.

Indemnification

You agree to defend, indemnify, and hold harmless PawaHR, and its agents and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Services, or that of any user operating under your Account
• Any breach of these Terms by you or any user under your Account
• Any breach of your representations and warranties set out in these Terms
• Your failure to comply with applicable Kenyan laws, including but not limited to the Employment Act, 2007, the Income Tax Act, and the DPA 2019
• The accuracy, legality, or completeness of any Client Data submitted to the platform
• Any claim by an Employee User or third party arising from the Client's employment practices, payroll decisions, or leave determinations
• Any violation of a third party's intellectual property or other rights in connection with your use of the Services

PawaHR reserves the right, at your expense, to assume exclusive control of the defence of any matter for which you are required to indemnify us. You agree to cooperate with our defence of such claims. We will use reasonable endeavours to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

Governing Law and Dispute Resolution

Governing law

These Terms and any dispute arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Kenya. [Constitution of Kenya, 2010, Article 165]

Informal resolution

Before initiating any formal legal proceedings, both parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services ("Dispute") informally. The party with a Dispute must provide written notice to the other party at the contact details set out in these Terms. The parties will attempt to resolve the Dispute in good faith within 30 days of the written notice. This 30-day period may be extended by mutual written agreement.

Formal proceedings

If a Dispute cannot be resolved through informal negotiation within the 30-day period, either party may refer the matter to the High Court of Kenya, Nairobi Division. Both parties irrevocably submit to the exclusive jurisdiction of that court for the resolution of any Dispute that cannot be settled informally. [Civil Procedure Act, Cap. 21]

Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other interim relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending resolution of a Dispute, including but not limited to urgent relief to protect intellectual property rights or prevent a data breach.

Disputes involving Employee Users

Employment disputes between Employee Users and their employer (the Client) are governed by the Employment Act, 2007 and fall within the jurisdiction of the Employment and Labour Relations Court of Kenya. PawaHR is not a party to any such dispute and shall not be joined as a defendant in employment proceedings unless PawaHR's own conduct is directly at issue. [Employment and Labour Relations Court Act, 2011]

Electronic Communications and Signatures

Accessing or using the Services, submitting forms, and communicating with PawaHR by email or through the platform all constitute electronic communications. You consent to receive electronic communications from PawaHR, and you agree that all agreements, notices, disclosures, and other communications we provide electronically — via email or through the platform — satisfy any legal requirement that such communication be in writing, to the extent permissible under Kenyan law. [Kenya Information and Communications Act, Cap. 411A]

By accepting these Terms electronically (including by clicking "I Agree", registering an Account, or using the Services), you agree that your electronic acceptance constitutes a valid and binding signature for the purposes of these Terms and applicable Kenyan law.

You hereby waive any right or requirement under any applicable law that requires an original (non-electronic) signature, document, or record where electronic forms are permitted by law.

Miscellaneous

Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy (each incorporated by reference), constitute the entire agreement between you and PawaHR with respect to the Services and supersede all prior agreements, understandings, representations, and negotiations between the parties relating to the subject matter hereof.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of the remaining provisions.

Waiver

PawaHR's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. A waiver in one instance does not constitute a waiver in any other instance.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without PawaHR's prior written consent. PawaHR may assign its rights and obligations under these Terms to any affiliate, successor, or acquirer of all or substantially all of PawaHR's business, without your consent but with written notice to you.

Force majeure

PawaHR shall not be liable for any failure or delay in performance of its obligations where such failure or delay is caused by events beyond its reasonable control, including natural disasters, acts of government, telecommunications failures, power outages, industrial action, or failures of third-party infrastructure providers (including Safaricom and cloud service providers).

Links to third-party sites

The Services, this website, and our policies contain links to websites operated by third parties, including the privacy policies of our sub-processors, the M-Pesa and statutory portals, and our social media pages. Those sites are not under PawaHR's control. PawaHR is not responsible for the content of any linked site, for any link contained in a linked site, or for any change to such a site. Links are provided for convenience only, and their inclusion does not imply endorsement by PawaHR. Your use of a linked site is governed by that site's own terms and privacy policy, not by these Terms.

Anti-bribery and anti-corruption

Each party shall comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act, 2016 and the Anti-Corruption and Economic Crimes Act, 2003. Neither party shall offer, give, request, or accept any bribe, facilitation payment, or other improper advantage in connection with these Terms or the Services, whether directly or through any third party. Each party shall notify the other promptly on becoming aware of any breach of this clause. A breach of this clause is a material breach for the purposes of Section 14.

No third-party rights

These Terms are between PawaHR and the Client. No other person has any right to enforce any of these Terms. In particular, Employee Users are not parties to these Terms and acquire no contractual rights under them. Nothing in this clause limits any right an Employee User has under the Data Protection Act, 2019, which arises independently of these Terms and is addressed in our Privacy Policy, nor any right an employee has against their employer under the Employment Act, 2007.

No joint venture

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and PawaHR. PawaHR is an independent service provider.

Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

Language

These Terms are written in English. In the event of any inconsistency between an English version and any translated version, the English version shall prevail.

Contact Us

To resolve a complaint regarding the Services, to report a suspected violation of these Terms, or to seek further information about your rights and obligations under these Terms, please contact us:

We will acknowledge all formal written complaints within 7 days and aim to resolve them within 30 days. For data protection matters specifically, please refer to the escalation process set out in Section 22 of the Privacy Policy, including the right to escalate to the Office of the Data Protection Commissioner (ODPC) where unresolved. [DPA 2019, s.56]