Payments Terms of Service

Payments Terms of Service

Effective Date: 05th January 2022

These Payments Terms of Service for all users (“Payments Terms”) are a binding legal agreement between you and One Stop Check-In Properties that govern the host payment collection agent services (defined below) conducted through or in connection with the One Stop Check-In Platform. When these Payments Terms mention “One Stop Check-In,” “we,” “us,” or “our,” it refers to the Homes & Cribs Properties company that you are contracting to offer you online check-in services and collect Host service fees.

Homes & Cribs Properties charges and collects service fees for the online check-in form service from Hosts, offering accommodations, Experiences or other Host Services, including services of other current and future services provided via the One Stop Check-In Platform. These host service fees collection may include (if available) the following (collectively, “Payment Options”):

  • Collecting service fee payments from Hosts by charging the payment method associated with their One Stop Check-In account, such as mobile money, credit card, debit card, bank account, PayPal account or Stripe Account (“Payment Method”);
  • Effecting payments to a third-party Payout Method designated by a Host;
  • Other payment related services in connection with Host check-in Services.

In order to make payments, you must be at least 18 years old, must have a One Stop Check-In account in good standing in accordance with the One Stop Check-In Terms of Service (“Terms”), and must keep your payment and personal information secure, accurate and complete.

All payments will be charged and collected by Homes & Cribs Properties as the contracting entity based in the Republic of Kenya.

The Terms separately govern your use of the One Stop Check-In Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.

Table of Contents

  1. Service Fee Payment
  2. Host Terms
  3. General Terms
  4. Prohibited Activities
  5. Force Majeure
  6. Disclaimers
  7. Liability
  8. Indemnification
  9. Modification, Term, Termination, and other Measures
  10. Governing Law and Dispute Resolution
  11. Arbitration Agreement
  12. Miscellaneous
  13. Additional Clauses for Users that are Businesses
  14. Contacting One Stop Check-In
  1. Service Fee Payment

1.1 One Stop Check-In Payment. By using the One Stop Check-In Platform and making Service fee payments, you agree to comply with these Payments Terms. One Stop Check-In may temporarily limit or suspend your access to or use of the Payment options, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Options. One Stop Check-In may improve, enhance and modify the Payment Options and introduce new Payment Options from time to time. One Stop Check-In will provide notice to Users of any changes to the Payment Options, unless such changes do not materially increase the Users’ contractual obligations or decrease the Users’ rights under these Payments Terms.

1.2 Third Party Services. The Payment Options may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Users should review them independently. One Stop Check-In is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by One Stop Check-In of those Third-Party Services.

1.3 Your One Stop Check-In Account. One Stop Check-In may enable features that allow you to authorize other Users or third parties to take certain actions that affect your One Stop Check-In account. You may authorize a third party to use your One Stop Check-In account if the feature is enabled for your One Stop Check-In account. You acknowledge and agree that anyone you authorize to use your One Stop Check-In account may use the Payment Options on your behalf and that you will be responsible for any payments made by such person.

1.4 Verification. You authorize One Stop Check-In, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., National ID, driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address or Payment Method(s). One Stop Check-In reserves the right to terminate, suspend, or limit access to the Payment Options in the event we are unable to obtain or verify any of this information.

1.5 Additional Terms. Your access to or use of certain Payment Options may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Option, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Option, unless specified otherwise.

  1. Host Terms

2.1 Adding a Payment Method. When you add a Payment Method to your One Stop Check-In account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to One Stop Check-In or its third-party payment processor(s). You authorize One Stop Check-In Properties and its payment service providers to collect and store your Payment Method information.

2.2 Payment Method Verification. When you add or use a new Payment Method, One Stop Check-In may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during payment, we may automatically save and add that Payment Method to your One Stop Check-In account so it can be used for a future transaction. You can remove the Payment Method from your One Stop Check-In account as long as it is not associated with an active or future reservation.

2.3 Payment Authorization. You allow One Stop Check-In to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your One Stop Check-In account.

2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

2.5 Timing of Payment. One Stop Check-In generally charges the Total subscription Price due prior to listing your accommodation. However, if you pay with a push Payment Method, One Stop Check-In will collect the Total Price due at the time of your subscription payment. One Stop Check-In may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the One Stop Check-In Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If One Stop Check-In is unable to collect the Total Price due, as scheduled, One Stop Check-In will collect the Total Price due at a later point in accordance with Section 3.3. Once the payment for your subscription package is successfully completed, you will receive a confirmation message by either sms, email or web platform alert.

2.6 Currency. One Stop Check-In will process each transaction in either the platforms preferred currency or the currency you select via the Platform, whichever option is made available by One Stop Check-In. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your One Stop Check-In contracting entity(ies). Any such limitations will be communicated via the One Stop Check-In Platform, and you will be prompted to select a different currency or Payment Method. Note that if your One Stop Check-In contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a KES issued card, but select Euro as your currency, your payment may be processed outside of Kenya, and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. One Stop Check-In is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

2.7 Subscription Status. If a subscription is canceled by either One Stop Check-In or the Host , any amounts collected by One Stop Check-In as advanced payment will be refunded to you and any non-advanced payment will be non-refundable including the current cancelation periods subscription, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, Paypal, Mpesa etc.) rules.

2.8 Payment Restrictions. One Stop Check-In reserves the right to decline or limit payments that we believe (i) may violate One Stop Check-Ins’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, One Stop Check-In, Homes & Cribs Properties, or others to risks unacceptable to One Stop Check-In.

2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and One Stop Check-In is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

2.10 Your Payment Method, Your Responsibility. One Stop Check-In is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

2.11 Failed/Declined Payment. If One Stop Check-In Properties is unable to collect your payment, One Stop Check-In will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method your subscription to be activated. If you fail to complete the payment, your listings will not be activated for the online check-in forms to be submitted.

2.12 Recurring Payments

2.12.1 One Stop Check-In may require a Host to make recurring, toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the One Stop Check-In Platform if applicable for the subscription plans.

2.12.2 If Recurring Payments apply to a subscription plan, then the Host authorizes One Stop Check-In to collect the Total Price due.

2.12.3 Hosts may stop a Recurring Payment by notifying One Stop Check-In orally or in writing at least three (3) business days before the scheduled date of the payment. One Stop Check-In may require you to give written confirmation of a stop-payment order within two (2) days of an oral notification. If you fail to provide written confirmation within those two (2) days, One Stop Check-In is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact us.

  1. General Terms

3.1 Fees. One Stop Check-In may charge fees for use of certain Payment Options and any applicable fees will be disclosed to you in the Terms or via the One Stop Check-In Platform.

3.2 Payment Authorizations. You authorize One Stop Check-In to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant subscription, or any other Payment Method on file that you authorize in your One Stop Check-In account (unless you have previously removed the authorization to charge such Payment Method(s)). Specifically, you authorize Homes & Cribs Properties to collect from you:

  • Any amount due to One Stop Check-In or Homes & Cribs Properties (e.g., as a result of your subscriptions as a Host or user of the One Stop Check-In Platform).          Any funds collected by One Stop Check-In will set off the amount owed by you to One Stop Check-In or Homes & Cribs Properties and extinguish your obligation to One Stop Check-In.
  • Taxes, where applicable and as set out in the Terms.
  • Any service fees imposed pursuant to the Terms .

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to One Stop Check-In collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

3.3 Collections

3.3.1 If One Stop Check-In is unable to collect any amounts you owe under these Payments Terms, One Stop Check-In may engage in collection efforts to recover such amounts from you.

3.3.2 One Stop Check-In will deem any owed amounts overdue when: (a) for authorized charges, Ninety (90) days have elapsed after One Stop Check-In first attempts to charge your Payment Method or the associated services have been provided, whichever is later; Ninety (90) days have elapsed after the adjustment is made to the Host’s One Stop Check-In account or the associated services have been provided, whichever is later.

3.3.3 One Stop Check-In will deem any overdue amounts not collected to be in default when Ninety (90) days have elapsed: (a) for authorized charges, after Homes & Cribs Properties first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Homes & Cribs account or the associated services have been provided, whichever is later.

3.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to One Stop Check-In and/or Homes & Cribs Properties by you. Such communications may be made by One Stop Check-In, Homes & Cribs Properties, or by anyone on their behalf, including but not limited to a third-party collection agent.

3.4 Payment Processing Errors

3.4.1 One Stop Check-In will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Option or Payment Method used or selected by you, so that you end up paying the correct amount. This may be performed by One Stop Check-In `or a third party such as your financial institution.

3.5 Refunds

3.5.1 Any refunds or credits due to a User pursuant to the Terms will be initiated and remitted by One Stop Check-In in accordance with these Payments Terms.

3.5.2 Subject to this Section 3.5.2, One Stop Check-In will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, One Stop Check-In will initiate and process the refund as soon as is practicable.

  1. Prohibited Activities

4.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Options. In connection with your use of the Payment Options, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations;
  • breach or circumvent any agreements with third parties, third-party rights, or the TermsPolicies, or Standards;
  • use the Payment Options for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method with your One Stop Check-In account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by One Stop Check-In or any of One Stop Check-Ins’ providers or any other third party to protect the Payment Options;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Options;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Options; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

4.2 You may not use or assist others to use the Payment Options to send or receive funds: (i) to sanctioned individuals or countries; (ii) to launder funds , (iii) terrorism finance or (iv) for fraudulent or criminal activities.

 

  1. Force Majeure

One Stop Check-In shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of One Stop Check-In or Homes & Cribs Properties, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

  1. Disclaimers

6.1 If you choose to use the Payment Options, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Options are provided “as is”, without warranty of any kind, either express or implied.

6.2 Notwithstanding One Stop Check-Ins’ appointment as the online check-in form service provider for Hosts, One Stop Check-In explicitly disclaims all liability for any act or omission of any User or other third party. One Stop Check-In does not have any duties or obligations for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

6.3 If we choose to conduct identity verification on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

6.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

  1. Liability

7.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Options remains with you. If you allow, permit or authorize another person to use your One Stop Check-In account in any way, knowingly or unknowingly including through negligence, you are responsible for the actions taken by that person. Neither One Stop Check-In or Homes & Cribs Properties nor any other party involved in creating, producing, or delivering the Payment Options will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Options, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not One Stop Check-In has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms, in no event will One Stop Check-In aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Options including, but not limited to, from your use of or inability to use the Payment Option.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold One Stop Check-In  and Homes & Cribs Properties and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Options; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.

  1. Modification, Term, Termination, and other Measures

9.1 Modification. Except as otherwise required by applicable law, One Stop Check-In may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the One Stop Check-In Platform and update the “Effective or Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Options will constitute acceptance of any changes to the revised Payments Terms.

9.2 Term. This agreement between you and One Stop Check-In reflected by these Payment Terms is effective when you create a One Stop Check-In account or use the Payment Options and remains in effect until either you or we terminate this agreement in accordance with Section 9.3.

9.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your One Stop Check-In account. Terminating this agreement will also serve as notice to cancel your One Stop Check-In account pursuant to the Terms. Without limiting our rights specified below, One Stop Check-In may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. One Stop Check-In may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) One Stop Check-In believes in good faith that such action is reasonably necessary to protect other Users, One Stop Check-In, Homes & Cribs Properties, or third parties.

9.4 Suspension and Other Measures. One Stop Check-In may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if One Stop Check-In believes in good faith that such action is reasonably necessary to protect the personal safety or property of One Stop Check-In, its Users, Homes & Cribs Properties, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Options until we can charge a valid Payment Method.

9.5 Appeal. If One Stop Check-In takes any of the measures described in Section 9.3 and 9.4 you may appeal such a decision by contacting customer service.

9.6 Effect of Termination. If you cancel your One Stop Check-In account as a Host or Homes & Cribs Properties takes any of the measures described above, One Stop Check-In may provide a full refund of any subscriptions paid in advance with an exception of payments for current subscription. If your access to or use of the Payment Options has been suspended or limited or this agreement has been terminated by us, you may not register a new One Stop Check-In account or attempt to access and use the Payment Options through a One Stop Check-In account of another User.

9.7 Survival. Sections 3 through 14 of these Payments Terms shall survive any termination or expiration of this agreement.

  1. Governing Law and Dispute Resolution

10.1 If you are contracting with One Stop Check-In, these Payments Terms will be interpreted in accordance with the laws of the Republic of Kenya, without regard to conflict-of-law provisions. Legal proceedings must be brought in the Republic of Kenya. You and we both consent to venue and personal jurisdiction in the Republic of Kenya.

  1. Arbitration Agreement

11.1 Overview of Dispute Resolution Process. One Stop Check-In or Homes & Cribs Properties is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with One Stop Check-Ins’ customer service team (described in paragraph 11.2, below), and if necessary (2) a binding arbitration administered by the Kenya Branch of the Chartered Institute of Arbitrators. You and One Stop Check-In each retain the right to seek relief in court as an alternative to arbitration

11.2 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and One Stop Check-In each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to One Stop Check-In by mailing it to Homes & Cribs Properties, Marrakech Building , Nyali Links, Road , Mombasa or P.O. Box 16469-80100, Mombasa or claims@onestopcheckin.co.ke. One Stop Check-In will send its notice of dispute to the email address associated with your One Stop Check-In account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the Kenya Branch of the Chartered Institute of Arbitrators and providing a copy to the other party.

11.3 Agreement to Arbitrate. You and One Stop Check-In mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the One Stop Check-In Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and One Stop Check-In agree that the arbitrator will decide that issue.

11.4 Exceptions to Arbitration Agreement. You and One Stop Check-In each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 11): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (ii) a request for the remedy of public injunctive relief. You and One Stop Check-In agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration.

11.5 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the arbitration laws of the Republic of Kenya governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by Kenya Branch of the Chartered Institute of Arbitrators in accordance with the Arbitration Rules and/or their arbitration rules determined to be applicable by the Kenya Branch of the Chartered Institute of Arbitrators then in effect, except as modified here. The Kenya Branch of the Chartered Institute of Arbitrators Rules can be obtained through contacting them. In order to initiate arbitration, a completed written demand must be filed with the Kenya Branch of the Chartered Institute of Arbitrators and provided to the other party.

11.6 Modification to Kenya Branch of the Chartered Institute of Arbitrators Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, One Stop Check-In s agrees that any required arbitration hearing may be conducted, at your option: (a) in the Kenyan county where you reside; (b) in Mombasa County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

11.7 Modification of Kenya Branch of the Chartered Institute of Arbitrators Rules Legal Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the Arbitrators Rules and, where appropriate, limited by the Arbitrators Consumer Rules. If such costs are determined by the arbitrator to be excessive, each party will share equally the arbitration fees and expenses. Either party may make a request that the arbitrator award legal fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the Arbitration Rules.

11.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the Kenya Branch of the Chartered Institute of Arbitrators Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

11.9 Trial Waiver. You and One Stop Check-In acknowledge and agree that we are each waiving the right to a trial as to all arbitrable Disputes.

11.10 No Class Actions or Representative Proceedings. You and One Stop Check-In acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

11.11 Severability. Except as provided in Section 11.10, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

11.12 Changes to Agreement to Arbitrate. If One Stop Check-In changes this Section 11 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and One Stop Check-In (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and One Stop Check-In.

11.13 Survival. Except as provided in Section 11.11 and subject to Section 9.7, this Section 11 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Options or terminate your One Stop Check-In account.

  1. Miscellaneous

12.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between One Stop Check-In and Homes & Cribs Properties and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between One Stop Check-In and Homes & Cribs Properties and you regarding the Payment Options. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

12.2 No Waiver. One Stop Check-Ins’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

12.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without One Stop Check-Ins’ prior written consent. One Stop Check-In may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.

12.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by One Stop Check-In via email or One Stop Check-In Platform notification, and depending on your notification setting, email, messaging service (including SMS). The date of receipt will be deemed the date on which Homes & Cribs Properties transmits the notice.

  1. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Options as a representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

13.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Options on your behalf.

13.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

13.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the Republic of Kenya or respective jurisdiction where your business is registered and that you are registering for receiving the Payment Options; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

13.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with One Stop Check-In for Work, as permitted by your account, you authorize One Stop Check-In to charge your Payment Method for subscriptions requested by employees at your company or other permitted third-party.

13.5 For any Payment Method linked to your One Stop Check-In account, you authorize One Stop Check-In to store the Payment Method, remit payments using the Payment Method for subscriptions associated with your One Stop Check-In account and take any other action as permitted in the Payments Terms in respect of the Payment Method.

13.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

  1. Contacting One Stop Check-In Properties

You may contact One Stop Check-In regarding the Payment Options using the information below:

ENTITY CONTACT INFORMATION
Homes & Cribs Properties Marrakech Building

Links Road.
Nyali, Mombasa.
Kenya.

P.O. Box 16469-80100, Mombasa.
terms@onestopcheckin.com

One Stop Check-In will also provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

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