Terms of Service & Master Subscription Agreement

These Terms of Service ("Agreement") govern your organization's access to and use of the SupaHR workforce management, medical duty rostering, and Kenyan statutory payroll platform provided by SupaHR Africa ("SupaHR", "we", "us", or "our").

1. Provision of Software & Seat Licensing

SupaHR licenses access to its cloud platform on a deterministic per-seated employee subscription basis across three tiers: Core Tier (KES 400 / seat / month), Roster Tier (KES 700 / seat / month), and Premium Care Tier (KES 1,200 / seat / month). A "Seat" is defined as any active clinician, staff member, guard, driver, or operator actively scheduled on a roster or provisioned for payroll during the billing cycle. Professional onboarding fees (KES 15,000–35,000) are waived for all annual prepayment contracts.

Deterministic Quota Enforcement: To protect customer organizations against unintended overage billing, SupaHR strictly halts assignment of seats once the purchased quota limit is reached. Additional capacity can be procured immediately in expansion packs (+25, +50, +100 seats) per standard operating procedures (SOP-008).

The Statutory Guarantee: SupaHR warrants and guarantees statutory-perfect payroll calculations and timely statutory CSV return generation by the 9th day of each calendar month. In the event of an official statutory late filing penalty arising directly from a defect or calculation failure in SupaHR, SupaHR will reimburse the Customer the full penalty amount assessed by the statutory authority.

2. Kenyan Statutory Compliance & Calculations

SupaHR calculates statutory deductions including Progressive KRA PAYE tax, Social Health Insurance Fund (SHIF 2.75%), National Social Security Fund (NSSF Tier I & II), and Affordable Housing Levy (1.5% employee + 1.5% employer) in strict accordance with the Finance Act and Kenya Revenue Authority guidelines.

The subscribing employer remains the legal withholding agent responsible for submitting finalized statutory returns (e.g. KRA iTax P10) and authorizing disbursements.

3. Mobile Disbursement & M-PESA B2C Rails

Salary disbursements executed through the platform connect directly to authorized payment service providers, including Safaricom Daraja M-PESA B2C endpoints. The Customer warrants that it maintains lawful authority and adequate funds in its disbursement accounts to fulfill salary commitments to staff.

4. Service Level Agreement (SLA) & Uptime

SupaHR commits to a 99.9% monthly service availability for the core duty roster engine and payroll submission services, excluding scheduled maintenance windows announced with at least 48 hours notice.

5. Governing Law & Dispute Resolution

This Agreement shall be interpreted and governed in accordance with the Laws of Kenya, including the Kenya Employment Act (Cap. 226) and the Kenya Data Protection Act (2019). Any dispute arising under this Agreement shall be resolved through good-faith executive escalation followed by arbitration in Nairobi under the Nairobi Centre for International Arbitration (NCIA) rules.

6. Inquiries

For legal inquiries or enterprise contract customizations:
Email: legal@supahr.co.ke