Legal

Terms of Service

Effective date: 1 May 2026 · Last updated: 1 May 2026

These Terms of Service ("Terms") govern your use of the BantuziLoans software-as-a-service platform ("Platform") operated by Bantuzi Enterprises Limited("Bantuzi", "we", "us"). By subscribing to or using the Platform, you agree to these Terms on behalf of your organisation ("Customer", "you").

1. Definitions

  • "Platform" means the BantuziLoans web application and API hosted at loans.bantuzi.com.
  • "Customer" means the legal entity that registers a tenant account.
  • "User" means an individual granted access by the Customer.
  • "Customer Data" means all data uploaded or entered by Customer or its Users into the Platform.
  • "Subscription" means the recurring fee entitling Customer to use the Platform.
  • "Setup Fee" means the one-time onboarding fee charged at account creation.

2. Service Description

BantuziLoans provides a multi-tenant loan management platform designed for salary-advance lenders operating in Zambia. Features include borrower profile management, employer MOU tracking, configurable loan product definitions, two-step approval workflows, amortisation scheduling, deduction file generation, remittance reconciliation, collateral management, document storage, and reporting.

We reserve the right to add, modify, or discontinue features with reasonable notice to active subscribers. We will not remove material functionality without providing at least 30 days' written notice.

3. Subscription & Payment

Setup fee: A one-time setup fee is charged upon account creation. This fee covers initial configuration, data migration assistance, and onboarding. It is non-refundable once onboarding has commenced.

Recurring subscription: Monthly or annual subscriptions are charged in Zambian Kwacha (ZMW) according to the plan selected at signup. Annual plans are discounted and billed upfront.

Billing cycle: Invoices are issued on the same date each month (or annually). Payment is due within 14 days of the invoice date. Late payments may result in account suspension after a 7-day grace period with notice.

Plan changes: Upgrades take effect immediately on a pro-rated basis. Downgrades take effect at the start of the next billing cycle.

Taxes: All prices are exclusive of VAT and applicable Zambian taxes. Where applicable, VAT will be added to the invoice.

4. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable Zambian law or regulation, including the Banking and Financial Services Act and the Moneylenders Act.
  • Process data of individuals who have not consented to such processing under the PDPB 2021.
  • Attempt to circumvent authentication, access controls, or multi-tenancy isolation.
  • Upload malicious code, viruses, or files designed to disrupt or damage the Platform.
  • Reverse-engineer, decompile, or create derivative works from the Platform.
  • Resell or sublicense access to the Platform without written permission from Bantuzi.
  • Use the Platform for any purpose that would constitute fraud or financial crime.

We reserve the right to suspend accounts that violate these terms immediately and without prior notice where the violation poses a security risk or legal liability.

5. Intellectual Property

Bantuzi Enterprises Limited retains all intellectual property rights in the Platform, including its software, design, trademarks, and documentation. These Terms do not transfer any ownership rights to you.

You retain full ownership of all Customer Data. By uploading data to the Platform, you grant Bantuzi a limited, non-exclusive licence to process that data solely for the purpose of providing the contracted services.

6. Data & Privacy

Our collection, use, and handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

For the purposes of the Zambia Data Protection Act (PDPB 2021), you (the Customer) are the data controller for borrower data entered into the Platform. Bantuzi Enterprises Limited acts as a data processor on your behalf. We will process such data only on your documented instructions and in accordance with our Data Processing Agreement, available on request at info@bantuzi.com.

7. Warranties & Disclaimers

Bantuzi warrants that the Platform will perform substantially in accordance with its documentation and that we will maintain commercially reasonable security measures. We target 99.9% monthly uptime (excluding scheduled maintenance).

THE PLATFORM IS PROVIDED "AS IS" IN ALL OTHER RESPECTS. TO THE MAXIMUM EXTENT PERMITTED BY ZAMBIAN LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BantuziLoans is a loan management tool. It does not constitute financial advice, legal advice, or credit-rating services. All lending decisions remain solely the responsibility of the Customer.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANTUZI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL BANTUZI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply regardless of the theory of liability (contract, tort, statute, or otherwise) and even if a remedy fails of its essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless Bantuzi Enterprises Limited and its directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) Customer Data that infringes a third party's rights; or (c) your violation of any applicable law or regulation.

10. Termination

By you: You may terminate your subscription at any time by providing written notice to info@bantuzi.com. Termination takes effect at the end of the current billing period. No refunds are issued for unused time on monthly plans. Annual plans are refunded on a pro-rated basis for unused complete months.

By Bantuzi: We may suspend or terminate your account immediately for material breach of these Terms, non-payment (after a 7-day notice period), or where required by law. We may terminate for convenience with 60 days' written notice.

Data export on termination: Upon request, we will provide a full export of your Customer Data in CSV format within 30 days of termination. After 90 days, data will be permanently deleted from production systems (subject to legal retention obligations).

11. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of Zambia, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to mediation under the Zambia Centre for Dispute Resolution (ZCDR) rules. If mediation fails, disputes shall be resolved by arbitration in Lusaka, Zambia, under ZCDR arbitration rules, with proceedings conducted in English.

Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.

12. General Provisions

  • Entire agreement: These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between the parties.
  • Amendments: We may update these Terms with 30 days' notice to active subscribers. Continued use after the effective date constitutes acceptance.
  • Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
  • No waiver: Failure to enforce a right does not constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign in connection with a merger or acquisition.
  • Force majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control.

13. Contact

For questions about these Terms, contact us at:

Bantuzi Enterprises Limited

Lusaka, Zambia

Email: info@bantuzi.com

WhatsApp: +260 97 168 4296

PACRA Reg: 120251025472 · TPIN: 2003752208