De-Duke PropTech Platform – Payment Terms

  1. Use of Payment Services

1.1 De-Duke Payment Services

By using the payment services available on the De-Duke platform, you agree to comply with these Payment Terms. De-Duke may temporarily suspend or restrict access to certain payment features when necessary to conduct maintenance or ensure the proper operation and security of the platform.

From time to time, De-Duke may upgrade, modify, or introduce new payment features or services. Where changes significantly affect user rights or obligations, we will notify users in advance in accordance with applicable law.

1.2 Third-Party Services

The payment system may include services provided by external providers such as banks, payment processors, or financial institutions (“Third-Party Services”).

These services are governed by their own terms and privacy policies. Users are encouraged to review those policies before using such services. De-Duke is not responsible for the operation, content, or policies of third-party services.

1.3 Your De-Duke Account

If you are using the platform as an individual, you confirm that you are acting in your personal capacity.

If you are acting on behalf of a company, organization, or other legal entity, you confirm that you have the legal authority to act on behalf of that entity.

De-Duke may allow users to authorize other individuals to access or manage certain functions within their account. If you grant such authorization, you remain responsible for all transactions or instructions carried out through your account.

1.4 Identity Verification

To maintain platform security and comply with applicable laws, De-Duke may verify your identity or the identity of individuals associated with your account.

Verification may include: a) Checking your information against third-party databases b) Requesting official identification such as a passport, driver’s license, or national ID c) Confirming your address, nationality, or date of birth d) Verifying ownership of your email address, payment method, or payout account

If we cannot successfully verify your information, we may suspend or terminate your access to payment services.

1.5 Additional Terms

Certain payment features may require acceptance of additional terms or agreements.

If there is a conflict between these Payment Terms and terms specific to a particular payment service, the terms relating to that specific service will apply to the extent of the conflict.

Access to payment services may also be limited where required by law or by orders from regulatory or governmental authorities.

  1. Guest Payment Terms

2.1 Adding a Payment Method

When adding a payment method to your De-Duke account, you may be required to provide billing details such as: a) Name b) Billing address c) Bank account details d) Debit or credit card information

You authorize De-Duke and its payment partners to securely store and process this information for transaction purposes.

2.2 Payment Method Verification

To confirm the validity of your payment method, De-Duke may conduct verification checks such as: a) Temporary authorization of a small amount on your card or bank account b) Requesting supporting documentation such as a billing statement

Any temporary verification charges may be refunded once verification is complete.

A payment method used for a confirmed booking may not be removed until a certain period after the booking is completed or any damage claims are resolved.

2.3 Payment Authorization

By confirming a transaction, you authorize De-Duke to charge your selected payment method for all applicable fees related to your booking or service request, including taxes, service charges, and any applicable damage claims.

If payment errors occur, De-Duke may credit or debit your payment method to correct the transaction.

2.4 Automatic Payment Updates

If your bank or card issuer updates your payment details (for example after card replacement or expiration), our payment providers may automatically update the payment information stored in your account.

2.5 Timing of Payment

Payments for bookings are generally processed once a host accepts your booking request.

In some cases, payment may be processed earlier depending on the payment method used.

After successful payment, you will receive a confirmation notice via email or through the platform.

2.6 Currency

Available currencies for payment may depend on factors such as: a) Your location b) Your payment provider c) Applicable regulatory requirements

If your payment method uses a different currency from the booking currency, your bank may apply exchange rates or additional international transaction fees.

De-Duke is not responsible for fees imposed by your bank or payment provider.

2.7 Booking Request Status

If a booking request is declined, canceled, or otherwise unsuccessful, any payments collected will be refunded according to the applicable refund policies.

2.8 Payment Restrictions

De-Duke reserves the right to decline or restrict transactions that may: a) Violate platform policies b) Be fraudulent or unauthorized c) Breach applicable laws d) Pose security or financial risks

2.9 Payment Providers

Some payment methods may involve external payment processors who may charge additional processing fees. These providers operate under their own terms.

2.10 User Responsibility

You are responsible for ensuring that the payment information provided in your account is accurate and up-to-date. De-Duke is not liable for losses caused by incorrect payment details submitted by users.

2.11 Flexible Payment Options

2.11.1 Pay Part Now, Pay Later

For certain bookings, De-Duke may allow users to pay a portion of the total price at the time of booking and the remaining balance at a later date before check-in.

Failure to complete payment by the required deadline may result in cancellation of the booking.

2.11.2 Reserve Now, Pay Later

In some cases, users may reserve a property and pay the full amount at a later specified date before check-in.

If payment is not completed by the deadline, the reservation may be canceled.

2.11.3 Recurring Payments

For long-term bookings (for example, stays exceeding 28 days), payments may be collected in scheduled installments throughout the reservation period.

  1. Host Payment Terms

3.1 Payment Collection

Payments from guests are generally collected by De-Duke when a booking request is accepted by the host.

3.2 Valid Payout Method

Hosts must link a valid payout method to their account to receive payments. Required information may include: a) Name and identification documents b) Bank account details c) Tax identification numbers d) Contact information

Failure to provide required information may delay or prevent payouts.

3.3 Payout Timing

For property bookings, payouts are typically initiated shortly after the guest checks in or after the service begins.

For long-term stays, payouts may be released in monthly installments.

3.4 Host Earnings

A host’s payout equals the total booking price minus applicable service fees, taxes, or any agreed allocations to co-hosts or property managers.

3.5 Payout Restrictions

De-Duke may delay or suspend payouts when necessary for: a) Fraud prevention b) Identity verification c) Investigation of disputes d) Compliance with legal obligations

3.6 Payout Currency

Hosts will receive payouts in the currency associated with their payout method. Currency conversion or banking fees may apply depending on the payment provider.

3.7 Payout Limits

In some cases, large payouts may be divided into multiple transfers for regulatory or operational reasons.

3.8 Third-Party Payout Providers

Payouts may be processed through external payment providers who may charge additional transaction fees.

3.9 Handling of Funds

Funds collected from guests may be temporarily held and managed by De-Duke in accordance with applicable financial regulations before payouts are released.

3.10 Responsibility for Payout Details

Hosts are responsible for ensuring that payout information is accurate. De-Duke is not responsible for losses caused by incorrect payout information.

  1. Appointment of De-Duke Payments as Limited Payment Collection Agent

4.1 Each Property Owner, Landlord, Agent, or Service Provider (collectively referred to as “Hosts”) hereby appoints De-Duke Payments, a payment processing service operated under De-Duke Real Estate Company, as their limited payment collection agent for the sole purpose of receiving and processing payments from Clients or Tenants purchasing property-related services through the De-Duke Platform.

4.2 Each Host agrees that any payment made by a Client through De-Duke Payments shall be deemed legally equivalent to a payment made directly to the Host. Accordingly, the Host remains fully responsible for providing the property, accommodation, or related service booked by the Client in accordance with the agreed terms.

Hosts acknowledge that De-Duke Payments may issue refunds to Clients where required under the applicable policies of the platform. The obligation of De-Duke Payments to release funds to a Host is strictly conditional upon the successful receipt of those funds from the Client. De-Duke Payments shall only guarantee payouts for amounts that have been successfully collected.

By accepting this appointment, De-Duke Payments does not assume liability for the actions, omissions, or conduct of any Host.

4.3 Each Client acknowledges that although De-Duke Payments is not a direct party to the contractual agreement between the Client and the Host, De-Duke Payments acts solely as a payment collection agent for the Host.

Once the Client has successfully made payment to De-Duke Payments, the Client’s payment obligation to the Host for the agreed amount is considered fulfilled. De-Duke Payments will then remit the collected funds to the Host in accordance with the procedures described in these Payment Terms.

If De-Duke Payments fails to transfer the funds due to the Host after receiving payment from the Client, the Host’s remedy shall be against De-Duke Payments and not the Client.

  1. General Payment Terms

5.1 Platform Service Fees

De-Duke Real Estate Company reserves the right to charge service or transaction fees for the use of payment processing services. Any applicable charges will be disclosed on the De-Duke Platform before a transaction is completed.

5.2 Payment Authorization

By using the De-Duke Platform, you authorize De-Duke Payments to collect any amounts due under these Payment Terms or other applicable platform policies by: a) Charging the payment method used for the booking or transaction; or b) Deducting the applicable amount from any future payout due to you.

This authorization includes the right to collect: i) Transaction amounts owed by Clients to Hosts ii) Applicable platform service charges iii) Taxes where required by law iv) Payments agreed through dispute resolution processes v) Damage claims associated with property use vi) Cancellation fees or penalties imposed under platform policies vii) Refund amounts that have already been paid to Hosts where a booking is later cancelled or reversed

If a Host has already received payment for a booking that is subsequently refunded to the Client, De-Duke Payments reserves the right to recover the refunded amount by deducting it from future payouts due to the Host.

5.3 Collection of Outstanding Amounts

5.3.1 If De-Duke Payments is unable to collect amounts owed through the payment methods provided, reasonable collection measures may be taken to recover such funds.

5.3.2 An outstanding payment will be considered overdue if it remains unpaid for 120 days after the first attempt to charge the payment method.

5.3.3 An unpaid balance may be considered in default after 365 days, at which point further legal or recovery procedures may be initiated.

5.3.4 You consent to receiving communications regarding outstanding balances through electronic mail, telephone, or other contact information provided to the platform. Such communications may also be made by authorized third-party collection agents acting on behalf of De-Duke Real Estate Company.

5.4 Payment Processing Errors

If a payment processing error occurs, De-Duke Payments will take reasonable steps to correct the issue. This may include crediting or debiting the original payment or payout method to ensure the correct amount is transferred.

Where funds are mistakenly paid to a user, De-Duke Payments reserves the right to recover the amount through deduction from future payouts or other appropriate recovery methods.

Users who receive funds in error must promptly return such funds to De-Duke Payments upon notification.

5.5 Refunds

Refunds to Clients may be issued in accordance with the platform’s Cancellation and Refund Policy or any applicable dispute resolution procedures.

Where a booking is cancelled by a Host, funds may be temporarily held while the Client decides whether to accept a refund or rebook another property through the platform.

The time required for a refund to reach the Client’s account may vary depending on the payment provider or financial institution involved.

  1. Damage Reports and Property Liability

If a Client causes damage to a property listed on the De-Duke Platform, the platform may charge the payment method used for the booking or any other payment method associated with the Client’s account to recover the damage amount.

De-Duke Payments may also pursue recovery through: a) Insurance policies held by the Client b) Platform dispute resolution procedures c) Legal claims where appropriate

  1. Unclaimed Funds

If De-Duke Payments is unable to transfer funds owed to a user for an extended period due to incorrect account details or inactivity, such funds may be handled in accordance with applicable laws governing unclaimed or abandoned property in the relevant jurisdiction.

  1. Prohibited Activities

Users of the De-Duke Platform must comply with all applicable laws and regulations relating to payment processing and financial transactions.

Users agree not to: a) Use unauthorized payment methods b) Engage in fraudulent transactions c) Attempt to bypass the platform’s payment systems d) Interfere with or compromise the security of the payment infrastructure e) Use the payment services for unlawful or prohibited purposes

Users must also comply with any applicable financial regulations, including laws relating to anti-money laundering and financial sanctions.

  1. Force Majeure

De-Duke Real Estate Company shall not be held responsible for delays or failure to perform obligations where such failure results from circumstances beyond its reasonable control, including natural disasters, war, civil unrest, pandemics, government restrictions, or disruptions to financial systems.

  1. Disclaimers

Payment services provided through the De-Duke Platform are offered “as available” and “as provided.”

While reasonable efforts are made to maintain reliable services, De-Duke Real Estate Company does not guarantee uninterrupted operation of payment systems or protection from all technical errors.

The platform is not responsible for the conduct of Hosts, Clients, or other users.

  1. Limitation of Liability

To the maximum extent permitted by law, De-Duke Real Estate Company shall not be liable for indirect, incidental, or consequential losses arising from the use of the payment services.

  1. Indemnification

Users agree to indemnify and hold harmless De-Duke Real Estate Company, its officers, employees, and partners from any claims, liabilities, or expenses arising from: a) breach of these Payment Terms b) misuse of the platform c) violation of applicable laws d) infringement of third-party rights

  1. Modification and Termination

13.1 Changes to Terms

De-Duke Real Estate Company reserves the right to modify these Payment Terms at any time. Updated versions will be published on the platform and users may be notified in advance where required.

13.2 Term of Agreement

These terms remain effective from the time a user first conducts a transaction on the platform until the user account is terminated.

13.3 Termination

Users may terminate their participation by closing their account. The platform may also suspend or terminate accounts where there is a breach of these terms or suspected misuse of the platform.

13.4 Suspension

Access to payment services may be temporarily or permanently restricted where necessary to comply with applicable law or protect the security of the platform.

  1. Governing Law and Dispute Resolution

14.1 Applicable Law

Unless otherwise required by mandatory laws of a user’s jurisdiction, these Payment Terms shall be interpreted and governed by the laws of the Federal Republic of Nigeria.

Any dispute arising from or relating to these Payment Terms or the use of payment services on the De-Duke Platform shall be subject to the jurisdiction of the competent courts located in Nigeria, unless both parties mutually agree to resolve the matter in another jurisdiction.

14.2 Consumer Protection

Where a user is acting as an individual consumer and mandatory consumer protection laws in the user’s country of residence provide stronger legal protections than those contained in these Payment Terms, those provisions shall prevail to the extent required by law.

14.3 Business Users

Where a user is acting in a commercial capacity (for example, as a property developer, landlord, broker, or corporate client), such user agrees that any dispute relating to these Payment Terms shall be submitted to the exclusive jurisdiction of Nigerian courts.

14.4 Pre-Litigation Resolution

Before initiating legal proceedings, the parties agree to make reasonable efforts to resolve disputes through good-faith negotiations or mediation. Written notice describing the dispute and the requested remedy should be provided to the other party, allowing at least 30 days for resolution before formal proceedings begin.

  1. Arbitration Agreement (Optional Alternative Dispute Resolution)

15.1 Application

Where permitted by law, disputes relating to the Payment Services may be resolved through binding arbitration rather than court proceedings.

15.2 Informal Resolution

Before commencing arbitration, the parties agree to attempt to resolve disputes informally through negotiation. This process should begin with a written notice describing the dispute and the relief sought.

15.3 Arbitration Process

If the dispute cannot be resolved within the informal negotiation period, either party may initiate arbitration in accordance with applicable arbitration rules recognized in Nigeria, including those administered by a recognized arbitration institution.

15.4 Authority of the Arbitrator

The arbitrator shall have the authority to determine all issues relating to the interpretation, enforceability, and application of these Payment Terms.

15.5 Exceptions

Certain matters may be excluded from arbitration, including: a) urgent requests for injunctive relief b) intellectual property disputes c) matters involving alleged criminal activity Such matters may be brought before a court of competent jurisdiction.

15.6 Arbitration Award

The arbitrator’s decision shall be final and binding on both parties and may be enforced in any court with appropriate jurisdiction.

  1. Miscellaneous Provisions

16.1 Entire Agreement

These Payment Terms, together with the platform’s Terms of Use, Privacy Policy, and other applicable policies, constitute the entire agreement between De-Duke Real Estate Company and users regarding payment services on the platform.

16.2 Severability

If any provision of these Payment Terms is determined by a court or tribunal to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable.

16.3 No Waiver

Failure by De-Duke Real Estate Company to enforce any provision of these Payment Terms shall not constitute a waiver of that provision or any other rights.

16.4 Assignment

Users may not assign or transfer their rights or obligations under these Payment Terms without prior written consent from De-Duke Real Estate Company.

De-Duke Real Estate Company may assign or transfer its rights and obligations under these Payment Terms to an affiliate, subsidiary, or successor entity where necessary for operational or corporate purposes.

16.5 Notices

Any notices or communications relating to these Payment Terms may be delivered through: a) email registered to the user account b) notifications through the De-Duke Platform c) other electronic communication channels permitted by the platform Notice shall be considered delivered on the date the communication is transmitted.

  1. Identity Verification and Compliance

17.1 Verification Procedures

De-Duke Real Estate Company may require users to undergo identity verification procedures before accessing certain payment services.

These procedures may include: a) submission of government-issued identification b) confirmation of payment methods c) verification of address or contact information d) screening through third-party verification systems

17.2 Compliance with Financial Regulations

To comply with anti-money laundering laws and financial regulations, De-Duke Real Estate Company may monitor transactions and report suspicious activities to appropriate regulatory authorities.

Failure to provide requested verification information may result in suspension or termination of payment services.

  1. Payment Installment Options

Where supported by the payment provider or financial institution, users may be offered the option to pay for certain transactions in installments.

Users acknowledge that: a) installment payments may include additional processing or financing fees b) such fees will be disclosed before the transaction is completed c) De-Duke Real Estate Company acts only as an intermediary for payment processing and does not provide credit services

Any refund related to installment payments will be processed in accordance with the platform’s refund policy.

  1. Safeguarding of Client Funds

Funds received through the De-Duke Platform on behalf of Hosts or property owners may be held temporarily in designated payment accounts until they are released in accordance with these Payment Terms.

Such funds may be held separately from the operational funds of De-Duke Real Estate Company where required by applicable law or payment processing arrangements.

  1. Business Accounts and Representatives

Where payment services are used on behalf of a company or business entity:

20.1 Authorized Representatives

The individual creating or managing the account represents that they are authorized to act on behalf of the organization.

20.2 Responsibility for Users

The business entity is responsible for the actions of employees, agents, or representatives who use the platform under its account.

20.3 Authority to Enter Agreement

The business entity confirms that it has the legal authority to enter into these Payment Terms and fulfill its obligations under the agreement.

20.4 Payment Methods

The business authorizes De-Duke Payments to store and process payments using the payment methods linked to the account for transactions conducted through the platform.

20.5 Data Security Compliance

Businesses that collect or process payment card information must comply with applicable payment card industry security standards and relevant data protection regulations.

De-Duke Signatory…………….. Name ……………… Number ……………… Email …………………