1. Interpretation: the following terms used in the TCs shall be interpreted as below:

1. 1. “Customer” means any person who uses the Upesi Credit service.
   2. “Upesi Credit service” means an preapproved revolving credit facility which is open to employees of companies that have executed a check-off agreement with SUFFICE.
   3. “Credit limit” means the maximum amount fixed when SUFFICE reach an agreement with your employer and it is reviewed quarterly.
   4. “Credit Advance” means amount in Kenya Shillings (KES) requested by the customer and received through the customer’s Mobile Money Account.
   5. “Processing fee” means charges applicable and payable by the customer for using the service.
   6. “Due Date” means the last date to repay your credit advance.
   7. “Account” means your account with SUFFICE
   8. “Force Majeure” means events, circumstances or causes beyond a reasonable control making performance of the obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, acts of terrorism, strikes or labor disputes, embargoes or governmental orders;
   9. “Mobile Money” means the money transfer and payments service operated by the Mobile Money Providers in Kenya
   10. “Personal Information” means your phone number, name, date of birth, identification number or passport number and such other information that will enable Us to identify you and comply with the regulatory “Know Your Customer” requirements
   11. “Request” means a request or instruction received by SUFFICE from you, your Equipment, or purportedly from you through the Network, mobile phone and the System and upon which SUFFICE is authorized to act.
   12. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the mobile cellular network operated by a Mobile Network Operator.
   13. “Unstructured Supplementary Service Data (USSD)” means a protocol used by Global System for Mobile Communications (GSM) cellphones to communicate with their service provider’s computers via text messages

2. Service Eligibility Criteria

Upesi is available to persons who are:

1. 1. Salaried employees of companies that have a check-off agreement with SUFFICE.
   2. Aged above 18 years.
   3. Borrower with a good loan’s repayment record.

3. Access to the Service

A person may access Upesi through the following means:

1. 1. By dialing *879*3#

4. Service Specification

1. 1. Use of the service is voluntary and disbursement is upon a request through a USSD code.
   2. The Customer hereby agrees and authorizes us to get Relevant Information from their employer.
   3. The Customer hereby agrees and authorizes us to verify their Relevant Information.
   4. The Customer hereby agrees that he/she will be eligible to use the service after successful registering for the service. By registering online the Customer shall be deemed to have read, understood and agreed to be bound by these Conditions upon acknowledging receipt as availed in the registration process.
   5. We reserve the right to decline an application for a Credit Advance or to revoke the same at any stage at our sole and absolute discretion and without assigning any reason or giving any notice thereto.
   6. Customer may make several credit requests subject to credit limit. The credit limit a customer is eligible for will be determined by criteria set by SUFFICE.
   7. The credit advance may be any sum ranging from KES 100 to KES 10,000.
   8. Upfront Interest of 15% of the drawdown amount.
   9. Zero drawdown fees.
   10. Penalty will be 1% per day calculated on the amount in arrears after 60 days from the date of the last drawdown.

5. Loan Disbursement

1. 1. Upon initiating an Upesi request, the customer will receive an alert of the applicable processing Fee and Maximum limit.
   2. Upesi Credit Advance is received immediately upon request. SUFFICE shall use all reasonable efforts to ensure that all transaction requests are processed in a timely manner. However, SUFFICE makes no representations or warranties as to continuous, uninterrupted or secure access to the service, which may be affected by factors beyond its control such as internet speeds or performance of the relevant electronic processing platforms used to disburse the funds.
   3. SUFFICE will disburse the Credit Advance less the processing fees.
   4. The customer can use the available Credit Advance to pay water, electricity and pay to watch tv bills.
   5. The availability of Upesi is subject to the availability of cash and meeting the service eligibility criteria elaborated in these terms and conditions.
   6. SUFFICE may proactively alert you of the service from time to time.
   7. The customer is responsible for providing accurate information for purposes of use of the service.
   8. SUFFICE shall not be responsible for any delay in service delivery due to occurrence of a force majeure event or situation.
   9. SUFFICE reserves the right to vary the processing fee, service specifications and / or these Terms & Conditions from time to time.
   10. SUFFICE reserves the right not to issue the loan requested by a customer.

6. Loan Recovery

1. 1. The total amount to be recovered shall be the requested loan amount and any penalty due to default.
   2. On the loan Due Date, the loan amount will be recovered by way of checkoff system by the employer and remitted to SUFFICE without further reference to Customer.
   3. Customer shall remain the primary borrower responsible for settlement of the total loan amount and any other sums accrued as set out in these terms and conditions.
   4. The Credit Advance shall be recovered in full, from the customer’s salary at the end of the month.
   5. SUFFICE is entitled to notify any credit rating bureau if the Customer defaults in repaying the loan (whether in part or in full).

7. Default on A Credit Advance

1. 1. An Event of Default occurs when you:

1. 1. 1. Fail to pay any sum payable for a Credit Advance granted under this Agreement’s Terms and Conditions for the period set forth in the Credit Advance offer pages unless failure to pay is caused solely by an administrative error or technical problem not within the Customer’s control.

1. 2. At any time after an Event of Default has occurred which is continuing, SUFFICE may, without prejudice to any other right or remedy granted to it under any law:

1. 1. 1. Terminate this Agreement in accordance with Clause 8 below;
      2. Declare that the Loan (and all accrued penalty and all other amounts outstanding under this Agreement is immediately due and payable, whereupon they shall become immediately due and payable;
      3. Supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request;
      4. Engage an external collections agency to seek repayment;
      5. Get indemnification upon demand against any reasonable loss or expense, which We may incur as a consequence of an Event of Default; and
      6. Terminate this Agreement in accordance with Clause 8 below.

8. Variation and Termination

1. 1. We may at any time, upon notice to the Customer, terminate or vary our business relationship with the Customer and close the said Account and in particular but without prejudice to the generality of the foregoing, we may cancel Credit Advances which we have granted and require the repayment of outstanding debts resulting from such Credit Advances within such time as we may determine.
   2. Without prejudice to Our rights under this section. We may, at our sole discretion, suspend or close the Customer’s Account:

1. 1. 1. If the Customer uses the Account for unauthorized purposes whereby We detect or reasonably suspect any abuse/misuse, breach of content, fraud or attempted fraud relating to the Customer’s use of the Services;
      2. If We are required or requested to comply with an order or an instruction or a recommendation from the government, court, regulator or other competent authority;
      3. If We reasonably suspect or believe that the Customer is in breach of this Agreement (including non-payment of any Credit Advance amount due from the Customer where applicable) which is not remedied (if remediable) within 5 days after the service of notice by email, SMS or other electronic means requiring the Customer to do so;
      4. Where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate, update or upgrade the contents or functionality of the Services from time to time;
      5. If the Customer’s Account or the agreement with the Mobile Money Provider and/or Mobile Network Provider is terminated for whatever reason;
      6. If SUFFICE decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion;
      7. If the customer’s employer fails to make deduction of the loan repayment through check-off system and remit the same to SUFFICE within 48 hours from the due date; and
      8. If SUFFICE without prejudice terminate checkoff contract with Customer’s employer.

1. 3. Termination shall however not affect any accrued rights, remedies and liabilities of either party.
   4. If We receive notice of Customer’s death, we will not be obliged to allow any operation or withdrawal from the Customer’s Account by any person.
   5. If the Customer’s Account has a credit balance at any time as a result of overpayment of the Customer’s Credit Advance, the Customer may issue a Request to SUFFICE for payment of such credit balance and SUFFICE will return any such balance to the Customer, less any applicable fees, provided that such amount falls above the minimum transfer amounts specified by the relevant Mobile Money Provider.

9. Customer Representations and Authorizations

1. 1. Customer confirms that all information that the Customer has given to SUFFICE is correct, complete and not misleading.
   2. Customer acknowledges that SUFFICE may decline the request without giving any reason for doing so. If this happens, no contractual relationship arises between the Customer and SUFFICE.
   3. Customer authorizes SUFFICE to disclose, verify and exchange any of the customer’s identity and transactional information with partners involved in the provision of the Service and legal authorities.
   4. By using this service, the Customer gives unconditional authorization to his employer to deduct Customer’s salary for repayment of the loan and all other charges payable by the Customer in respect of using the service as provided herein.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

These Terms and Conditions are available on the following website: https://suffice.co.ke/ and are binding on the Customer.

Kindly address any positive feedback, queries or complaints to Suffice Limited customer care team via telephone number or on email at +254 718 88 22 00 or info@suffice.co.ke