Terms Of Use

Last Updated: September 1, 2022

CodeXtra Africa. (“XtraKit”, “we”, “us” and terms of similar meaning) provides this website [www.xtrakit.com] and the services provided by or through this website to you subject to these terms and conditions of use. These terms and conditions of use together with the XtraKit Privacy Policy (collectively, the “Terms”) govern your use of this website and the services provided.

In these Terms, we refer to this website, any succeeding websites, and the software we offer together as the "Site" and the "Application". The XtraKit API is used by you to access the Application, as well as by third parties that have been granted access to your XtraKit account to utilize your User Content (as described below) using the XtraKit API.

The "Services" are the services offered by or via the Application. For users of the XtraKit Credit Wallet, "Services" comprises the services offered by or via the Credit Wallet. Users of the PayStack service agree to and are governed by the PayStack Terms of Service. The XtraKit Credit Wallet and Card Transactions Terms of Use, which are available here, are also accepted by and bind users of the service. By agreeing to these terms, you give us permission to record payment information, transmit payment instructions to the issuing bank, and deduct payments (either one-time or recurring) from a user's credit/debit/bank account.

Along with the services offered by or via other websites and applications, such as textcus.com, XtraKit may also deliver those items. For the purposes of these Terms (including the XtraKits' Privacy Policy referenced in Section 1 below), the definitions of "Site," "Application," and "Services" encompass such websites, software, and services. These Terms also govern your use of those websites, applications, and services.

Before using the Services, please read these Terms and the Connected Payment Gateway Terms. You acknowledge that you have read, understood, and agree to be legally bound by these Terms and any rules and guidelines that are referenced in these Terms by accessing or using the Services. You are not permitted to use the Services if you do not accept all of these Terms.

In its sole discretion, XtraKit maintains the right to revise, modify, or otherwise adjust these Terms, as well as any other policy or directive that is relevant to the Services, at any time. If we do, we will use reasonable efforts to notify you of these changes either by posting a notice in the Application or sending an email to the email address you provided at registration, if any.

Unless otherwise stated, any changes or modifications will take effect right away after being posted on this site, and by using the Services after that point, you agree to be bound by any changes or adjustments. To be aware of the rules that govern how you can use the Services, you should periodically examine the Terms and any policies or other materials that are included in them. The 'last updated' date will always be shown at the top of the Terms.

You must cease using the Services if you do not accept the updated Terms. With the exception of the sum owed for the billing period in which you terminate your account, you are free to close your account with us (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Please send us an email at support@xtrakit.com if you have any issues concerning the Terms.

In these Terms, our customers are referred to as "Subscribers," along with anybody to whom they provide "staff" or "advisor" access to their XtraKit accounts. Our customers' customers who use the Services (such as to see or pay Subscribers' bills) are referred to as "Customers." Users of the Services, whether they are Subscribers, Customers, participants in the XtraKit forum, authors of comments on the XtraKit blog, or casual site visitors, are referred to as "Users" in these Terms.

The Services are exclusively for your personal use. Except as specifically authorized by the Application, you may not sell, lease, or otherwise give them to anyone else.

Children are not allowed to use the Services. To use the Services, you must be at least eighteen (18) years old. We shall stop the User from using the Services if we find out they are under the age of eighteen (18).

1. Privacy Policy

For details on how XtraKit gathers, uses, and discloses personally identifiable information from its Users, please see the privacy policy, which is available at (the "Privacy Policy"). You consent to the use, collecting, and dissemination of your personally identifiable information by us in line with the Privacy Policy when you use the Services.

When using the XtraKit Services to handle Customer Data when the GDPR is in effect, these Service Terms comprise the Data Processing Agreement ("DPA") (as defined in the DPA). The DPA, which replaces and overrides any prior data processing agreement between you and XtraKit, is in force as of September 1, 2022.

Technologies that monitor, record, and report to XtraKit information about how the Application is used, including but not limited to information about the devices used to access the Application and the frequency, kind, and style of use of XtraKit (collectively, "Usage Data"), may be present in the XtraKits application. You consent to XtraKit's right to collect and utilize Usage Data for the maintenance, upkeep, and improvement of XtraKit as well as the enforcement of XtraKit's rights under the Terms at its sole discretion.

2. Registration Data; Account Security

If you create an account on the Services, you agree to (a) provide true, accurate, current, and complete information (hereinafter referred to as "Registration Data") as may be prompted by any registration forms on the Services; and (b) promptly update the Registration Data and any other information you provide to XtraKit to keep it true, accurate, and complete.

You consent to maintain the security and confidentiality of your access credentials, which may include API keys, passwords, and other data needed to use the Service. Any unlawful use (or suspected unauthorized use) of your access credentials must be reported right away to XtraKit. You are accountable for any transactions made via and fees incurred by your XtraKit account. The access credentials are the property of XtraKit and may be revoked in the event that they are hacked, shared with a third party in violation of the Terms, lost, stolen, or if XtraKit terminates the API Terms.

Additionally, you must: as a condition of utilizing the Services:

• not make an effort to compromise the security or integrity of the computer systems or networks owned by XtraKit, or, in the event that the Application or Services are hosted by a third party, those systems and networks owned by that third party;
• not abuse the Application or Services in any way that might damage their functioning or the functionality of any systems that offer the Services, or that could damage the ability of another user to use the Application or Services;
• not make an effort to obtain unauthorized access to any content besides those you have been specifically granted authorization to view or the computer system hosting the Application or Services;
• not use the Services or Applications to transmit any files that could harm someone else's computer equipment or software, content that could be offensive, or materials or data that would be illegal (including data or other materials covered by copyright or trade secrets that you do not have the right to use); and
• not try to alter, duplicate, adapt, reproduce, disassemble, decompile, or reverse engineer any software used to supply the services unless it's absolutely essential for using one or the other of them normally.

3. Fees; Charges; Taxes

The Site provides information about subscription costs and any other costs associated with using the Application. They could alter sometimes. We will notify you at least 30 days in advance of any changes to subscription prices. If they do, your continuing use of the Application following the change signifies that you consent to the new fees and charges as of the change's effective date. Any modification to fees or other costs won't apply to the billing period in which it takes place. Unless otherwise prohibited, our payment platform partners' discretion governs changes to transaction fees without prior notification. You may check the price right now here.

4. Ownership, Copyright and Trademarks

In these Terms, "Content" refers to all information, data, logos, marks, designs, images, photographs, sound files, and other files that are made available through the Services, as well as to the selection and arrangement of these items. "User Content" is information that users, whether they be customers, subscribers, or other users, give. For instance, information a Subscriber provides to the Services regarding its Customers and timesheet entries is User Content of that Subscriber, information a Customer provides to the Services regarding its payments is User Content of that Customer, and information a User enters into the XtraKit forum or enters as a comment on the XtraKit blog is User Content of the User.

User Content belongs to the individual user. Only the restricted permissions provided in these Terms give XtraKit any rights to the User Content. Sections 5 and 17 of these Terms provide details on those licenses.

Except for User Content, all intellectual property rights in and to the Services, such Content, and such software (including without limitation the Application and the XtraKit API) belong to XtraKit or its licensors and are expressly reserved. The Services, such Content, and such software are also protected by Ghanaian copyright laws. All product names, business names, and registered trademarks that are referenced in the Services belong to the rightful owners. Any mention of goods, services, procedures, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not imply or constitute support from XtraKit.

You are accountable for your User Content. We disclaim all duty and responsibility for it, as well as for any harm or losses your User Content may inflict on you or others. We reserve the right to at any time and for any reason to delete, filter, or modify any User Content uploaded or stored on the Services, though we are under no obligation to do so. All copies and replacements of any User Content that you post or store on the Services must be handled by you alone. If you give permission for third parties to access your User Content via the Services, including the XtraKit API, you agree that we are allowed to give that User Content to such third parties and that we are not liable for how they use it.

5. Your Limited License of Your User Content to XtraKit

Although we make no claims of ownership of your User Content, we do require the right to use it in order to run the Site and offer the Services in the present and the future. For instance, if you publish messages on the XtraKit forum or blog, we will require your permission to display those messages on the Services and the ability to sublicense such messages to our other users so they may access them. We require your license to that User Content in order to use it in the operation of the Services, and we require the right to sublicense that User Content to your Customers for that purpose if you are a Subscriber and enter timesheet data in relation to a Customer and set up your account to display timesheet data to your Customers.

Therefore, by adding or sharing User Content to or through the Services, you (a) grant XtraKit and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content and won't violate or cause injury to any person's or entity's rights.

You also give us and our affiliates and subsidiaries the right to sublicense your User Content to other Users for their use in connection with their use of the Services, as outlined in these Terms, if your User Content is intended for the use of other Users (for instance, if you issue invoices to Customers or permit third parties to access your User Content through the XtraKit API).

As you have the right to use your User Content elsewhere, these licenses from you are non-exclusive. Since we are not obligated to compensate you for the use of your User Content on the Services, they are royalty-free. They are also transferrable since we need to have the freedom to give these licenses to any new provider of the Services. Because your User Content is processed for use in the Services as part of the normal functioning of the Services, we need the right to "modify, adapt, translate, and create derivative works from."

6. Our Limited License of Content to You

Your access to the Services and the right to view, copy, and print the portions of the Content made accessible to you through the Services are granted to you by XtraKit on a limited, revocable, non-exclusive, and non-sublicensable basis. Such permission is contingent upon the following conditions, which are explicitly subject to these Terms: (i) You may only view, copy, and print those portions of the Content that you need for your own use; (ii) You may not modify the Content in any way or create any derivative works from it; (iii) You may not reproduce, distribute, or display the Content (aside from page caching); and (iv) You may not delete or otherwise change any copyright, trademark, or other proprietary notices that have been included in the Content; (iv) You may not use the Services or the Content for any other reason than what is intended, and (v) you may not use any data mining, robots, or other data gathering or extraction techniques.

The license provided in this Section, this Agreement, and your account with us will all be terminated if you use any portion of the Content other than as specifically authorized above without the owner's prior written consent. Any such unlawful use could also be against the law, including copyright and trademark laws, among others. Nothing in these Terms, whether by estoppel, implication, or otherwise, should be read to provide any license to any intellectual property rights, unless expressly stated. XtraKit has the right to revoke the license granted in this Section at any time.

You affirm and guarantee that your use of the Services and the Content will adhere to this license, respect the rights of others, abide by contracts with or owe legal obligations to others, and abide by all relevant laws in Ghana, the Greater Accra region, and wherever you use the Services. The economic punishments are outlined in these statutes. Economic sanctions are defined as laws, regulations, and policies that restrict or prohibit business activities with specific foreign states, individuals and entities of those states, and non-state actors. They also refer to United Nations Security Council resolutions requiring states to impose such restrictions or ban such business dealings.

You can get in touch with XtraKit at the address provided at the bottom of these Terms to ask permission for uses of the Content that is not covered by this license.

7. Free Trial

If you sign up for a free trial of one or more services, XtraKit will make those services available to you on a trial basis without charge until the earlier of the following dates: (i) the conclusion of the applicable services' free trial period (unless you end it earlier), (ii) the beginning of the applicable services' paid subscription period, or (iii) termination by XtraKit in its sole discretion. Unless (i) buy the equivalent paid subscription plan for the account, (ii) buy any Service upgrades, or (iii) export such data before the trial period expires, all data you enter into the Services and any modifications you make during the free trial will be permanently deleted.

In spite of the provisions of this Section, the Services are provided during the free trial without any kind of guarantee, covenant, support, or obligation, to the fullest extent permissible by law.

8. Providing a Reliable and Secure Service 

We invest a lot of effort into making sure that our service is always available and that it is a safe environment for your data since we take dependability and security seriously. We employ what we consider to be "best-in-class" hosting, security, and other services to give you a safe and secure environment. On the Site, you may find more details about these services and technology.

No system, including the Internet, is 100% secure or trustworthy, and you cannot guarantee the dependability of hosting services, Internet intermediaries, your Internet service provider, or other service providers. By using XtraKit, you agree to take on these risks and the burden of using a technology that does not offer perfect security or dependability. These risks to the security of that credit card information are specifically accepted by Subscribers who allow auto-billing and decide to keep the credit card information of their Customers.

When utilizing the recurring profiles module of XtraKit to save credit card information, subscribers certify that they are aware of and approve the credit card protection mechanism as adequate. Subscribers and their customers furnish and are liable for the security of credit card information.

Finally, XtraKit offers the XtraKit API to make it easier to integrate the Services with other Internet services. We are unable to monitor how your User Content is used by third parties who have been granted access to it through your XtraKit account and the XtraKit API, and we are not accountable for their actions.

9. No Responsibility for Third-Party Services, Sites or Content

As a service to our users, the Site could link to third-party websites, host third-party material, or offer third-party services, such as payment processors and other payment intermediates that you might utilize in conjunction with your use of the Services. You do so at your own risk while using Third-Party Sites, Third-Party Content, or Third-Party Services (collectively, the "Third Party Materials").

Regarding Third-Party Materials and Third-Party Services, XtraKit makes no claims or representations and just offers them or links to them as a convenience. The inclusion of Third-Party Materials in the Services does not imply that XtraKit approves of, adopts, sponsors, or is affiliated with, such Third-Party Materials. No responsibility is accepted by XtraKit for examining Third-Party Materials or Web pages that connect to the Services, their quality, content, policies, nature, or dependability.

Our terms and policies cease to apply when you leave the Services, and when you utilize Third-Party Services, their terms and policies take precedence. Before engaging in any transaction with a third party, you should check the relevant terms and conditions, including privacy and data collection policies, of any Third-Party Materials and Third-Party Services and conduct any research you deem necessary or appropriate. Examples of these third-party providers are provided in the section headed "Third Party Providers" in the Schedule to these Terms.

The provider of Third-Party Materials and Third-Party Services is solely responsible for those materials and services, their content, any warranties to the extent that such warranties have not been disclaimed, any training, support, or maintenance for those materials and services, and any claims that you or any other party may have regarding those materials and services or your use of them.

You acknowledge that the provider of the Third-Party Materials and Third-Party Services is selling you a license to use those materials and services; that XtraKit is acting as the provider's agent in providing you with those materials and services; that XtraKit is not a party to the license between you and the provider with respect to those Third-Party Materials and Third-Party Services; and that XtraKit is not liable for those Third-Party Materials and Third-Party Services.

You understand and acknowledge that XtraKit and its affiliates are third-party beneficiaries of the End User License Agreement for such Third-Party Materials and Third-Party Services and that upon your acceptance of the terms and conditions of the license to any such Third-Party Materials and Third-Party Services, XtraKit will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.

10. Advertisements and Promotions

On the Services, XtraKit may display advertisements and promotions from outside sources. Your commercial interactions, communication, participation in promotions from, and any terms, conditions, warranties, or representations related to, advertisers other than XtraKit are exclusively between you and that third party. In connection with such transactions or as a result of third parties' advertisements appearing on the Services, XtraKit disclaims all liability and responsibility.

11. Warranty Disclaimer 

YOUR USE OF THE SITE, SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, THE APPLICATION AND THE XTRAKIT API), CONTENT (COLLECTIVELY, THE “XTRAKIT SOLUTION”), AND ANY THIRD-PARTY MATERIALS OR THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XTRAKIT, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE XTRAKIT SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, AND QUALITY OF CONTENT IN OR LINKED TO THE XTRAKIT SOLUTION. XTRAKIT, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE XTRAKIT SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.

SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.

XTRAKIT, ITS SUBSIDIARIES AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

12. Liability Limitation and Indemnification

You acknowledge and agree that XTRAKIT will not, under any circumstances, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage, including but not limited to loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or resulting from XTRAKIT's provision of any service to you, whether direct or indirect, shall in no event exceed one thousand, one hundred and five cedis (GHS1,105).

You consent to defend, hold harmless, and indemnify XtraKit, its officers, directors, employees, suppliers, and affiliates from and against any claims that your use of the Services violated the rights of any third party, violated the law, violated any provision of the Agreement or resulted in any other claim, save where such use is in compliance with the terms of the Agreement.

• Governing Law and Jurisdiction: If you are a paid client, your billing address will determine the applicable legislation and jurisdiction; if you are not a paid customer, your state or country of residence will determine the applicable law and jurisdiction. In light of this, each party consents to the application of applicable law (regardless of any principles of choice or conflicts of law) and to the exclusive jurisdiction of the courts named herein in the event of any controversy or litigation arising out of or related to this Agreement.

13. Communications from XtraKit

Certain XtraKit communications, such as service notices, administrative messages, and newsletters, may be included in the Service. You are aware that utilizing the Services will include these communications. You also have the choice not to receive our mailings as part of our commitment to maintaining your complete privacy. You won't be able to choose not to receive administrative and service alerts, nevertheless.

14. Inactive User Accounts Policy

We retain the right to cancel user accounts that are underpaid and inactive for 120 days straight. Upon such termination, all information related to such user accounts will be erased. If we decide to terminate service, we will provide you advance warning and the choice to back up your data. Any or all of the Services may be subject to the data deletion policy. To determine the time of inactivity, each Service shall be treated as a unique, independent service. To put it another way, using one of the Services does not guarantee that your user account with another Service will be active.

15. XtraKit Wallet Credit

XtraKit wallet credit it's an amazing way to buy our subscription plans. XtraKit wallet credit can be used for subscription renewals, upgrades & add-ons, it can help you buy a subscription plan easily without paying with your Mobile Money or Bank Account.
All you need is to refer a friend to earn our wallet credit and later use it to get any of our subscription plans.

Please take note that, XtraKit Wallet Credit is not wallet money you can withdraw into your mobile money or bank account as money, It's just a form of a credit to reward you when you refer others and that credit can only be used for purchasing our subscription plans.

Please get in touch with us using this link if you have any queries about these Terms or how to utilize the Services.

XtraKit Team

info@xtrakit.com

+233 30 298 1736