In this video, I share with you 3 legal items one needs to have on their website to promote transparency.
Tag: terms and conditions
-
Digital Lenders Under Scrutiny By Central Bank of Kenya and Office of The Data Protection Commission Over Malpractices
A lot has been going on lately around digital lending apps or loan apps as many call it in Kenya. In a move to regulate this sector, Central Bank of Kenya(CBK) have listed requirements they need digital lenders to provide in order to be licensed.
Players in the digital lending business had until September 2022 to submit these requirements for approval.
By mid September 2022, Central bank of Kenya had approved only 10 digital lenders out of 288 applications they received. They said the process is ongoing and will update the public once more lenders are approved.
List of Approved Digital Lenders in Kenya
- Ceres Tech Limited
- Getcash Capital Limited
- Giando Africa Limited (Trading as Flash Credit Africa)
- Jijenge Credit Limited
- Kweli Smart Solutions Limited
- Mwanzo Credit Limited
- MyWagepay Limited
- Rewot Ciro Limited
- Sevi Innovation Limited
- Sokohela Limited
You can find full details of these digital lenders including their contacts and location here.
While the process of regulation by Central Bank is ongoing, the Office of the Data Protection Commission (ODPC) in a notice dated 5th October 2022 said they are auditing 40 digital lenders whose practices regarding the processing of personal data has been raised to the data commission as complaints by various members of the public.
Public Notice from the ODP It’s important to note here that Data Protection (Complaints Handling and Enforcement Procedures) regulations 2021 took effect on February 2022.
With new regulations in progress, digital lenders still have a long way to go.
On the other hand, opportunities in the digital lending space is still huge.
Overview of Digital Lending Services in Kenya
So, will the regulation by Central Bank of Kenya and ODPC help protect customers from Exploitation? Yes, definitely.
To be honest, there is a lot of unethical business practices by mobile app lenders. This going by the ratings and reviews left by customers on the google play store on each of the listed apps.
The most popular unethical practice by loan apps is them calling customers several times a day and sending them many threatening messages even before the loan deadline is due.
This takes me to the big question which is, why did it take CBK so long for them to move and regulate the digital lenders?
Were they speculating first on how they operate then proceed to regulate them in order to protect the public from exploitation?
Well, this might be true. But let’s wait and see actions that will be taken against unscrupulous operators in this market space.
What Central Bank Want Digital Lenders To Do
While announcing their move to regulate digital lenders serving customers in the Kenyan Market, Central Bank of Kenya listed a number of key things they need digital lenders to adhere to when issuing credit/loan. This was gazetted in a special issue of Kenya Gazette supplementary No.45. Among these key things are;
- Provision of credit – A digital credit provider may set borrower limits in its credit policy and the limits shall comply with any requirements prescribed by the Central Bank.
- Credit Collection -A digital credit provider, it’s officers, employees or agents shall not in the course of debt collection engage in any of the following conduct against the customer or any other person:—
- Use of threat, or violence or other criminal means to physically harm the person, or his reputation or property;
- Use of obscene or profane language;
- Make unauthorized or unsolicited calls or messages to a customer’s contacts;
- Improper or unconscionable debt collection tactic, method or conduct.
- Any other conduct whose consequence is to harass, oppress, or abuse any person in connection with the collection of a debt.
Take time to real all the regulations here.
Do you think regulations by central bank will help protect Kenyans from preying digital lenders? Let me know in the comments section below.
And if you need professional video production services, you can request a free quote here.
Until next time, bye bye and take care.
Follow me on twitter @cheptiony.
-
6 Step Guide To Setting Up Your Terms As An Online Business Owner or A Freelancer
‘Having Clear Terms‘ is the means to success online as a business owner or a freelancer. Experience has thought me that if you don’t have well defined terms, the probability of you succeeding online is very slim.
So where do you start? The answer to this is reliant on your level of experience serving online clients as a business owner or a freelancer. Do you understand how online marketplace work?
For example, have you used Escrow payment before or do you know how it works? Working out your ‘own terms‘ is not something that you can do in one day. It comes in as they are needed.
Let’s say it’s a paragraph or point that you add to your existing list of terms in a document as the need arises.
When defining your terms, its good to know where to start. That is what I will focusing on this blogpost.
1. Scope of Work
It starts with the clients scope of work. What does the client want you to do and can you do it?. This is very important. Many online business owners and freelancers I know in the video production industry are good at video creation and editing. However, when it comes to animations and motion graphics, they outsource.
Make sure you are very clear with your client in what you can provide, outsource and what you cannot. Don’t lie that you can do it or find someone who can do it and end up not doing it. You will have failed the client and yourself.
Making your stand very clearly understood by the client is in itself a term. e.g Telling the client “I will require you to provide a given list of items” makes it clear to the client on what you will provide.
2. Cost of The Project
Once you have agreed with the client on the scope of work and both of you are happy, move on to the cost of the project. How much will the project cost? Based on the defined scope of work, come up with a quotation listing each item and it’s cost. Most clients are ok if you do this directly on the e-mail body.
Professionally, I recommend doing your quotation on Microsoft Excel or Google Sheets and sharing it as a link or attaching it to the e-mail as a PDF file. This way, collaboration will be easy and the client can print the document and put it on a file for records.
Costing is usually easy if you have your own standard production rates.
3. Payment Terms
Now that the client has agreed to your proposed quote and the deal is closed, go ahead and discuss with him/her, how you would like the client to pay you. Mostly, it’s good to break down this into two parts.
- Payment Breakdown – Since you have not met the client in person and probably the client is on another continent, have them make a down payment of 50% as a show of commitment. Alternatively, if you are using Escrow service, have the payment broken down to 2 parts of 50/50. 50% when you deliver the first draft of the video and the remaining 50% once you are done.
- Payment Methods – Share with your client the payment methods you prefer. e.g. PayPal, Credit card e.t.c.
Most clients love it when you are clear on how you would like to receive your payments. They know that by honoring your terms, their work will be completed on time.
4. Revisions And Modifications
Once you deliver the project and the client needs revisions or modifications, what are your terms on this? For example you can say, you offer 3 rounds of revisions for free. Anything after that is billable.
If you are new to online business and freelance marketplace, you will not know it until a client requests for several revisions to a point you are tired of making them.
When revisions and modification term is in place, everyone will be careful not to make any mistake from their end because of the cost implications.
5. Mode of Collaboration
As an online freelancer or business owner, expect to receive large files from your clients. This means you must be subscribed to a paid cloud service like Dropbox, OneDrive or GoogleDrive. This way, you can have your file sync automatically on the background.
Agree on a mode of collaboration for their project. E.g If you are a content creator, you can decide to use google docs for scripting and Dropbox for videos. Either way, it will be easy for each of you to quickly locate a shared file and share their feedback.
If you are dealing directly with the client, communication through e-mail is ok. However if you are dealing with a team, then using free collaboration apps like slack will be great.
6. Refund Policy
Lastly, it’s good to have a refund policy in place as part of your terms. What happens if the client requests for a refund after you have started work with them? That’s why this is important. This way, when the client is getting into work agreement with you and making partial payments, they understand clearly the policy.
A good refund policy is the one that is considerate. A win win. i.e. ‘If the client cancels the contract after delivery of the first draft of the video with no clear reason, 50% paid as the down payment will not be refunded.’
Conclusion
Ensure the client signs and sends you back the contract terms you share with them before starting work.
We all know, people hate signing documents with long form terms. Insist that you have an NDA (Non Disclosure Agreement) in place anyway before starting any work. Clients with high value contracts are the ones who requests you to sign an NDA because they know the risks and consequences of what may arise later.For example, if you offer video production services like me, and in your contract with the client, you had a clause on commercial license fee of 10% of the contract sum. You can sue the client if they use the content commercially without consulting you. Contracts are there to protect each party from abuse.
And that is it from me here.
What are your guiding pointers when defining your terms to a client as a video producer?
Please let me know your thoughts in the comments section below.
And if you need professional video tutorial services for websites and apps, you can request a free quote on www.techtubestudio.com . You will get a response within 12 hours.
Until next time, bye bye and take care.
Follow me on twitter @cheptiony.