Terms and Conditions

"Kapush" refers to the salary advance facility service provided through this platform.

"Employee" or "You" refers to the eligible employee requesting and receiving salary advances.

"Employer" refers to the company that has partnered with Kapush to offer this service to its employees.

"Advance" or "Facility" refers to the salary advance amount disbursed to the Employee.

"Processing Fee" refers to the 3% fee charged on the advance amount.

To be eligible for Kapush salary advance facilities, you must:

• Be a full-time employee of a company partnered with Kapush
• Have an active employment contract with your Employer
• Receive a regular monthly salary through your Employer's payroll system
• Have completed any probationary period as required by your Employer
• Be at least 18 years of age
• Provide accurate and complete information during the application process
• Have a valid M-PESA account for disbursements

3.1 Advance Limit: Your advance limit is determined as a percentage of your monthly gross salary, as configured by your Employer. The default limit is 40% of your monthly salary, with a maximum of 50% as determined by your Employer's policy.

3.2 Multiple Advances: You may request multiple advances, provided the total outstanding amount does not exceed your approved limit.

3.3 Repayment Period: All advances must be repaid within 1 to 6 months from the disbursement date, as approved by your HR and Admin teams.

3.4 Limit Adjustments: Your Employer reserves the right to adjust your advance limit at any time based on your employment status, salary changes, or repayment history.

4.1 Processing Fee: A processing fee of 3% of the requested advance amount will be charged for each advance facility. This fee is non-refundable and covers administrative and operational costs.

4.2 Fee Calculation: The total repayment amount equals the advance amount plus the 3% processing fee. For example, an advance of KSh 10,000 will incur a fee of KSh 300, making the total repayment KSh 10,300.

4.3 No Hidden Charges: The 3% processing fee is the only charge applied. There are no additional interest charges, late payment fees, or hidden costs.

4.4 M-PESA Charges: Standard M-PESA transaction charges may apply during disbursement and are borne by the Employee.

5.1 Application: You may submit advance requests through the Kapush platform by providing the required amount and reason for the advance.

5.2 HR Approval: All requests are first reviewed and approved by your company's Human Resources department.

5.3 Admin Approval: Following HR approval, requests require final approval from your company's Admin team.

5.4 Disbursement: Upon final approval, funds will be disbursed to your registered M-PESA number within 24 hours, subject to system availability.

5.5 Right to Refuse: Kapush and your Employer reserve the right to refuse any advance request without providing reasons, particularly if there are concerns about your repayment capacity or employment status.

6.1 Automatic Deduction: You hereby authorize your Employer to deduct the monthly repayment amount from your salary at the end of each month until the advance (including the processing fee) is fully repaid.

6.2 Deduction Priority: Salary deductions for Kapush advances will be processed according to your Employer's payroll deduction hierarchy, typically after statutory deductions (tax, NSSF, NHIF).

6.3 Monthly Installments: The total repayment amount will be divided into equal monthly installments over the approved repayment period (1-6 months).

6.4 Early Repayment: You may request to repay your advance earlier than scheduled. Contact your HR department to arrange early settlement. No penalties apply for early repayment.

6.5 Insufficient Salary: If your monthly salary is insufficient to cover the deduction, the full available amount will be deducted, and the remaining balance will be carried forward to the next month.

7.1 Immediate Repayment: In the event of employment termination (resignation, dismissal, redundancy, or contract expiry), any outstanding advance balance becomes immediately due and payable in full.

7.2 Final Settlement: You authorize your Employer to deduct the full outstanding balance from your final salary payment, terminal benefits, or any other payments owed to you.

7.3 Shortfall Recovery: If your final payments are insufficient to cover the outstanding balance, you agree to pay the remaining amount within 30 days of employment termination. Kapush reserves the right to pursue legal action to recover any outstanding amounts.

7.4 Notice Period: You agree to notify Kapush and settle any outstanding advances before tendering resignation or accepting termination offers.

8.1 Data Collection: By using Kapush services, you consent to the collection, processing, and storage of your personal information including name, employee number, salary details, phone number, and advance history.

8.2 Data Sharing: Your information may be shared with your Employer, HR department, and necessary third parties (such as M-PESA) to facilitate advance processing and repayment.

8.3 Data Security: Kapush implements industry-standard security measures to protect your personal information from unauthorized access, disclosure, or misuse.

8.4 Compliance: Kapush complies with the Kenya Data Protection Act, 2019, and all applicable data protection regulations.

As a Kapush user, you agree to:

• Provide accurate and truthful information during advance applications
• Use advances responsibly and for legitimate purposes
• Maintain active employment with your Employer throughout the repayment period
• Keep your M-PESA account active and accessible for disbursements
• Notify Kapush immediately of any changes to your employment status
• Not attempt to manipulate or abuse the advance facility system
• Cooperate with your Employer's HR and Admin departments regarding advance matters
• Maintain sufficient salary balance to cover monthly deductions

The following activities are strictly prohibited:

• Providing false or misleading information in advance applications
• Requesting advances with the intent to resign or terminate employment
• Sharing your Kapush account credentials with others
• Attempting to circumvent the advance limit or approval process
• Using advances for illegal or prohibited purposes
• Making fraudulent claims or misrepresenting your employment status

Violation of these prohibitions may result in immediate suspension of your advance privileges, employment disciplinary action, legal proceedings, and/or recovery of all outstanding amounts.

11.1 Service Availability: While Kapush strives to maintain continuous service availability, we do not guarantee uninterrupted access. The platform may be temporarily unavailable due to maintenance, upgrades, or technical issues.

11.2 Disbursement Delays: Kapush is not liable for delays in disbursement caused by M-PESA system failures, network issues, or other third-party service disruptions.

11.3 Financial Advice: Kapush does not provide financial advice. The decision to request an advance and the amount requested are your sole responsibility.

11.4 Employer Relationship: Kapush is not responsible for any disputes between you and your Employer regarding employment terms, salary payments, or termination.

12.1 Right to Modify: Kapush reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice.

12.2 Notification: Material changes to these terms will be communicated through the platform, email, or other appropriate channels. The "Last Updated" date at the top of this document will reflect any changes.

12.3 Continued Use: Your continued use of Kapush services after any modifications constitutes acceptance of the updated terms.

12.4 Existing Advances: Changes to terms will not affect existing advances unless required by law or regulation.

13.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.

13.2 Jurisdiction: Any disputes arising from these terms or your use of Kapush services shall be subject to the exclusive jurisdiction of the Kenyan courts.

13.3 Dispute Resolution: Before initiating legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiations and, if necessary, mediation.

13.4 Arbitration: If mediation fails, disputes may be referred to arbitration in accordance with the Arbitration Act, 1995 (Kenya).

For questions, concerns, or complaints regarding these Terms and Conditions or Kapush services, please contact:

Alternatively, you may contact your company's HR department for assistance with Kapush-related matters.