Terms of service

Advans is operated by [REGISTERED COMPANY NAME], a company incorporated in Kenya (company number [NUMBER]) with its registered office at [ADDRESS]. In these terms, "we", "us" and "Advans" mean that company.

"You" means the person using the service: an employee requesting an advance, an authorised administrator at an employer, or a representative of a funding partner.

[State the regulatory position here: whether the company holds a Digital Credit Provider licence from the Central Bank of Kenya, and the licence number, or the basis on which it operates without one.]

An advance is an amount paid to you before payday, drawn against your salary, and recovered from it by your employer on your payday.

It is not an overdraft, a revolving facility, or a loan that rolls from one month to the next. Each advance is a single, self-contained transaction settled on one date.

The service is available only to employees of organisations that have signed up with us and that operate payroll deduction on our behalf.

To request an advance you must:

be at least 18 years old;

be actively employed by a participating employer;

have completed identity verification and signed the payroll deduction mandate;

have a mobile money account in your own name.

We may decline a request, suspend access or close an account where these conditions stop being met, where we suspect fraud, or where we are required to do so by law.

Your limit is a share of your salary, net or gross as your employer's terms specify, less the principal of any advances not yet repaid. The share is set in your employer's terms.

Each advance must also fall within the minimum and maximum amounts in your employer's terms, and the terms may limit how many advances you can have open at once and how long you must have been employed.

Your limit is calculated by us at the moment you request, and the app shows it to you. A limit is not a promise of credit. We may decline a request, and your employer may approve a lower amount or decline it.

The cost of an advance is made up of interest, a service charge and any other fees set in your employer's terms. Interest is either a flat rate on the amount advanced or a daily rate over the period to the due date, as those terms state.

Before you confirm a request, the app shows you the interest, the service charge, any other fees, the total repayable and the date it is due. Nothing is created until you confirm.

An advance keeps the terms it was priced with. A later change to your employer's terms does not change the cost of an advance you already have. [State any charges that apply if a deduction is missed, or confirm there are none.]

You authorise your employer, by the deduction mandate you signed, to deduct the total repayable from your next salary payment and to remit it to us.

Requests made within [CUTOFF] days of payday are assessed against the following payroll period, and the app tells you when that applies before you confirm.

If you leave employment before an advance is repaid, the outstanding amount becomes due immediately and may be deducted from your final salary payment to the extent the law allows. Any remaining balance is payable by you directly.

If a deduction does not reach us, we will contact you to agree how the balance will be settled. [State any recovery charges here, or confirm there are none.]

Give accurate information, and tell us promptly when your phone number, employment or circumstances change.

Keep your access credentials confidential, and tell us at once if you think someone else has used your account.

Use the service only for yourself. You may not request an advance on behalf of another person.

Do not use the service for any unlawful purpose.

An employer using the service agrees to supply accurate payroll data, to apply agreed deductions on payday, and to remit deducted amounts to us within [REMITTANCE WINDOW] of payday.

The employer remains responsible for its own payroll obligations. Nothing in these terms transfers an employer's statutory duties to us.

Each period is reconciled: what we expected to be deducted is matched against what arrived, and any shortfall is raised with the employer.

We aim to keep the service available at all times but we do not guarantee uninterrupted access. We may suspend it for maintenance, or where a payment provider, employer payroll system or funding partner is unavailable.

Disbursement times depend on the mobile money provider and are outside our control.

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by negligence.

Subject to that, we are not liable for indirect or consequential loss, or for loss of profit, arising from your use of the service. Our total liability in connection with any advance is limited to [LIABILITY CAP, e.g. the total repayable on that advance].

If something goes wrong, write to [SUPPORT EMAIL] or call [SUPPORT PHONE]. We will acknowledge your complaint within [N] working days and aim to resolve it within [N] working days.

If you are not satisfied with the outcome you may refer the matter to [RELEVANT REGULATOR OR OMBUDSMAN].

We may change these terms. Where a change materially affects you, we will give you [NOTICE PERIOD] notice before it takes effect. The terms that apply to an advance are the terms in force when that advance was approved.

These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction over any dispute arising from them.