Seller Terms

Version 0.1 (pilot). Last revised: [date].

These Seller Terms are an agreement between [Company legal name, added when the business is registered] (“we”, “us”) and you, the person or business that opens a business profile on Mosana (“you”, “seller”). They add to our Terms of Use, Privacy Policy and Refund and Dispute Policy, which also apply to you. If they conflict on a point about selling, these Seller Terms win.

1. The pilot

Mosana is opening to a small group of sellers first. By accepting these terms you understand that: (a) we review every profile before it goes live; (b) we may add checks, limits and requirements while we learn, and we will give you at least 30 days’ notice of changes that make your terms materially worse, unless the change is needed for legal or safety reasons; and © the way payments work is described in section 5.

2. Who can sell, and verification

• You must be 18 or over, and able to enter a binding contract. If you sell for a business, you confirm you have authority to bind it.
• We will check who you are, normally with a national ID or passport and, for a business, its registration documents. We may use a specialist provider for this. You must give accurate information and tell us promptly if it changes.
• The payout account you give us must be in the same name as the person or business we verified. We may refuse an account that does not match.
• One person may own up to five business profiles. You may not open a new profile to get around a suspension or a debt.

3. What you sell

• You must have the right to sell everything you list, and the listing must describe it accurately. Digital files must open and work.
• You must not sell anything prohibited by the Terms of Use or by law, including counterfeit, pirated, stolen or illegal items.
• You keep ownership of your content. You give us the licence set out in the Terms of Use so we can host, show, deliver and promote it.
• We may remove or hide a listing, or limit it, if we think it breaks these terms, the law, or buyers’ safety.

4. Fees

• Commission: [6%] of the price of each item sold, deducted from your share of the payment. No monthly fee applies to the standard profile. Optional paid plans, if offered, will be shown with their prices before you choose them.
• A service fee that a buyer pays on some orders belongs to us and is not part of your price.
• We pay the payment provider’s processing charge on each sale. [Confirm before launch.]
• We may change fees on 30 days’ notice. The fee that applies to a sale is the one in force when the sale is made.

5. How payments and payouts work

• Buyers pay through Paystack, a licensed payment provider. When a payment is confirmed, Paystack divides it automatically: your share goes to the account you gave us, and our share goes to us. We do not receive, hold or pass on your share of a sale.
• Paystack’s settlement timetable and terms apply to your payout (currently two working days in Kenya, and not on weekends or public holidays). Paystack may delay a first payout to a new or changed account while it verifies it. We cannot speed that up and we are not liable for delays by Paystack or your bank.
• Make sure your payout details are right. Money sent to the details you gave us is treated as paid to you.
• We are not a bank and do not offer accounts, wallets or interest.

6. Refunds, disputes and chargebacks

• Buyers can ask for refunds under the Refund and Dispute Policy. If a refund is due because of something on your side (the item is broken, is not as described or was not provided), you bear the cost.
• If we refund a buyer on a sale you were paid for, you must repay us the refunded amount within 7 days of our notice. We may also recover it from any amount we owe you now or later, by invoice, or by any lawful means.
• The same applies to card chargebacks and the fees and penalties attached to them. We will give you the evidence we have so you can answer a dispute.
• Where a problem is not your fault (for example the payment was fraudulent, or the buyer lost the file but it worked), we will say so and you will not be charged where we are able to avoid it.
• Fraud and abuse: you must not take payment for something you do not deliver. We may suspend payouts we are able to control, close your profile, report the matter to authorities and pursue what you owe.

7. Limits while you build a track record

New profiles may start with limits on, for example, price per item, number of sales or the types of product. We raise limits as you build a record of fulfilled orders, low refund rates and good reviews. We may lower them if that changes.

8. Buyers’ data

You receive buyers’ names, messages and order details only to fulfil their orders and support them. For that data you are responsible under the Data Protection Act, 2019. Do not use it to market to buyers unless they agreed, do not sell or share it, keep it secure, and delete it when you no longer need it.

9. Taxes

You are responsible for your own taxes on what you earn (and for VAT if you are registered or required to be). We will give you statements of your sales and our fees and will deduct or report what the law requires of us. VAT or other tax on our own fees, if due, is added where the law requires.

10. Going around the platform

You must not use Mosana to find buyers and then take the sale off the platform to avoid our fee, and you must not ask buyers to pay you elsewhere for an order started here.

11. Suspension and ending

You can close your profile at any time once orders are fulfilled and any amounts you owe are settled. We can suspend or close your profile, or hold a listing, if you break these terms, if we must by law, to protect others, or if you stay inactive for a long time. What you owe remains owed. Sections that by nature continue (fees, refunds and chargebacks, data, liability, disputes) continue after you leave.

12. Responsibility

You are responsible for your products, your content and your dealings with buyers. You agree to cover our reasonable losses and costs from claims by buyers or others that arise from your products, your content or your breach of these terms, to the extent allowed by law. [Lawyer to confirm.] Our total liability to you under these terms is limited to the fees you paid us in the six months before the claim, except for liability the law does not allow us to limit.

13. Law and disputes

Kenyan law governs these terms. Write to [general contact email] first and give us 30 days to resolve a dispute. After that, the courts of Kenya have jurisdiction.

14. Contact

[Company legal name, added when the business is registered], [registered address], [general contact email].