Terms of Service
Last updated: 16 October 2026. Items in [[double square brackets]] must be completed, and this document reviewed by a Kenyan advocate, before publication.
1. About these terms
These terms govern your use of this website and, together with your signed order or services agreement ("Agreement"), our managed payroll services. If there is a conflict, the signed Agreement prevails. "OurPay" means [[LEGAL ENTITY NAME]]; "Client" means the business we provide services to.
2. The service
OurPay runs payroll for the Client in the countries listed in the Agreement. For each cycle we calculate pay and statutory deductions from the data the Client provides, a payroll specialist reviews the run, the Client approves it, and we then prepare filings, payslips and bank files and submit filings where the Agreement says we do so. Nothing is filed or released for payment before the Client's approval.
3. Client responsibilities
- Provide complete, accurate and timely payroll inputs (hours, starters, leavers, changes in pay or benefits) by the cut-off dates we agree.
- Review each run and approve or query it before the agreed deadline.
- Fund payroll and statutory remittances on time, unless the Agreement says otherwise.
- Tell us promptly about any error or change they become aware of.
- Hold the necessary lawful basis and notices to share employee data with us.
4. Our commitments
We will perform the services with reasonable skill and care, keep our payroll rates and rules current for the countries covered, and have a specialist review each run. Where the Client has supplied correct and timely information and approved a run, we are responsible for the accuracy of our calculations and for submitting filings by the agreed deadlines. If we make an error, we will correct it promptly and, for any penalties or interest charged because of our error, [[RESPONSIBILITY/REIMBURSEMENT TERMS TO BE CONFIRMED BY OURPAY]].
We are not responsible for penalties, interest or loss caused by inaccurate, incomplete or late Client information, late funding, or changes in law that take effect after a run is approved.
5. Fees and payment
Fees are quoted per employee based on headcount and countries, as set out in the Agreement, and invoiced per cycle. Invoices are payable within [[14]] days. Fees exclude taxes, which are added where applicable. We may charge interest on late payments at [[RATE]] per month and suspend services after written notice if an undisputed invoice remains unpaid.
6. Parallel run
A parallel run is a free trial cycle that runs alongside the Client's current payroll for comparison. During a parallel run the Client remains solely responsible for paying its employees and making its filings. No fees are payable, and either party may stop at any time.
7. Confidentiality and data protection
Each party will keep the other's confidential information confidential and use it only for the Agreement. Personal data about the Client's employees is processed under our Data Processing terms and our Privacy Policy.
8. Intellectual property
We keep all rights in our website, tools, methods and documentation. The Client keeps all rights in its data. Each party grants the other the limited rights needed to perform the Agreement.
9. Website use and the payslip calculator
You may use this website lawfully for your own business purposes. The payslip and PAYE calculators give estimates based on the statutory rates we use and may not reflect every rule, relief or recent change. They are not tax, legal or financial advice, and you should confirm exact figures with your OurPay specialist or the relevant tax authority.
10. Limitation of liability
Nothing limits liability that cannot be limited by law, including for fraud or wilful misconduct. Subject to that, neither party is liable for indirect or consequential loss, and our total liability arising from the services in any 12-month period is limited to [[AMOUNT OR MULTIPLE OF FEES PAID, e.g. the fees paid in the preceding 12 months]].
11. Term and termination
The Agreement continues for the term it states. Either party may end it on [[60]] days' written notice, or immediately by written notice if the other commits a material breach that is not remedied within [[14]] days of notice. On termination we will deliver the Client's payroll records in an agreed format and then handle the data as the Data Processing terms provide.
12. Force majeure
Neither party is liable for delay caused by events beyond its reasonable control, including outages of banking, government or statutory-portal systems.
13. Governing law and disputes
These terms are governed by the laws of Kenya. The parties will first try to resolve a dispute by good-faith negotiation for [[30]] days. Failing that, the dispute is to be [[referred to arbitration in Nairobi under the Arbitration Act / decided by the courts of Kenya]].
14. General
The Agreement is the entire agreement on its subject. A change must be in writing and agreed by both parties. If a provision is unenforceable, the rest remains in force. We may update these website terms by posting a revised version here.
15. Contact
[[LEGAL ENTITY NAME]], [[REGISTERED ADDRESS]]. Questions: contact us.