1 INTRODUCTION

1.1 These Terms govern access to the Flexible Creator Payout feature made available by Twiva Media Group Limited (“Twiva”) to eligible creators on the Twiva platform.

1.2 The Flexible Creator Payout allows a creator to receive an accelerated partial settlement of confirmed campaign earnings prior to campaign completion.

1.3 This feature is not a credit facility, loan, or financial accommodation. It is an optional early disbursement of income that has already been confirmed within the Twiva platform.

1.4 By selecting this feature and completing the required authentication, you agree to these Terms.

1.5 This feature operates within and is subject to the Twiva Platform Terms and the Twiva Pay Wallet Terms & Conditions.

2. PARTIES TO THE AGREEMENT

2.1 These Terms constitute an agreement between Twiva Media Group Limited (“Twiva”), acting as the service provider of the Flexible Creator Payout feature, and the Creator, being a registered user of the Twiva platform who maintains an active Twiva Pay Wallet.

2.2 The Twiva Pay Wallet infrastructure is provided in partnership with a regulated Kenyan banking institution. The banking partner provides wallet and pooled account infrastructure only and is not a party to this Flexible Creator Payout agreement, nor does it assume any obligation or liability in relation to the early payout feature, except in its capacity as a third-party infrastructure provider.

3. ELIGIBILITY

3.1 Access is limited to campaigns where earnings have been confirmed within the platform.

3.2 Twiva retains the discretion to determine eligibility, accessible limits and operational parameters and may revise or withdraw access at any time.

3.3 The early payout amount shall not exceed the confirmed invoice value.

4. NATURE OF THE PAYOUT

4.1 The Flexible Creator Payout is an invoice-based early settlement feature available exclusively in respect of campaign invoices that have been formally confirmed within the Twiva platform.

4.2 The feature shall not be available in respect of pending, estimated, projected, conditional, or unapproved campaign earnings.

4.3 Eligible creators may access up to Eighty percent (80%) of the confirmed invoice value.

4.4 Upon selection and confirmation within the platform, the selected early payout amount shall be disbursed to the Creator’s Twiva Pay Wallet, less the applicable Processing Fee.

4.5 A one-time Early Payout Processing Fee of six percent (6%) applies to the selected early payout amount. The Processing Fee is a fixed operational charge and is not time-based.

4.6 No interest accrues in relation to the early payout, and no repayment obligation arises.

4.7 The early payout amount shall be deducted from the final campaign settlement as a settlement adjustment.

5. PRICING

5.1 The Flexible Creator Payout attracts a one-time Early Payout Processing Fee equal to six percent (6%) of the selected early payout amount. This fee is inclusive of applicable excise duty and represents the total processing charge for enabling accelerated settlement.

5.2 The fee is calculated upfront and deducted before funds are credited to your Twiva Pay Wallet. No interest accrues, and no daily, rollover, or compounding charges apply.

5.3 The processing fee remains payable irrespective of campaign cancellation, delay, or dispute.

6. DISBURSEMENT

6.1 Upon confirmation within the platform, the selected early payout amount shall be credited exclusively to your Twiva Pay Wallet less the processing fee. From there, you may retain or withdraw funds using supported channels.

6.2 Funds are sourced from Twiva’s corporate liquidity and not from other creator’s Twiva pay wallet.

6.3 Twiva is not responsible for delays arising from banking systems, payment rails, telecommunications infrastructure, or other third-party dependencies outside its reasonable control.

7. SETTLEMENT AT CAMPAIGN COMPLETION

7.1 Upon campaign completion, the early payout amount shall be deducted from the final confirmed campaign payout.

7.2 This deduction constitutes a settlement adjustment of previously disbursed earnings.

7.3 The remaining confirmed balance, if any, shall be credited automatically to the Creator’s Twiva Pay Wallet at campaign completion.

7.4 The settlement adjustment does not in any way constitute repayment of a loan.

8. CAMPAIGN CANCELLATION & ADJUSTMENTS

8.1 If a confirmed campaign is cancelled or its payable amount is adjusted prior to completion, final earnings shall be determined in accordance with the underlying campaign agreement.

8.2 Twiva reserves the right to reconcile any early payout against the final confirmed earnings.

8.3 Where final confirmed earnings are lower than the amount already disbursed, Twiva may adjust subsequent campaign settlements accordingly.

8.4 Such reconciliation constitutes a settlement balancing process and does not create a debt collection arrangement.

9. DIGITAL CONSENT

9.1 Access to flexible creator payout requires acceptance of these terms and OTP authorization confirming consent.

9.2 Twiva shall maintain time stamped audit records of such consent.

10. NO CREDIT RELATIONSHIP

10.1 The Flexible Creator Payout is designed solely as an accelerated settlement of confirmed campaign earnings and does not constitute a loan, credit facility, or other form of financial accommodation.

10.2 By selecting to access this feature, you acknowledge that no borrower–lender relationship is created between you and Twiva, and no repayment schedule, debt obligation, or credit reporting arrangement arises.

10.3 Access to the feature is determined by platform eligibility parameters relating to confirmed earnings and operational considerations, and does not involve credit underwriting or the extension of credit.

11. LIMITATION OF LIABILITY

11.1 Twiva shall not be liable for indirect, incidental, or consequential losses arising from use of this feature.

11.2 Twiva’s aggregate liability, if any, shall not exceed the early payout amount disbursed.

11.3 Twiva is not responsible for service interruptions caused by system downtime, third-party infrastructure failures, or force majeure events.

12. PILOT STATUS

12.1 This facility is offered on a pilot basis to a limited cohort. Twiva may revise pricing, eligibility criteria, operational mechanics, or discontinue the product entirely without prior notice.

12.2 Participation in the pilot does not create any entitlement to continued access.

13. GOVERNING LAW

13.1 These Terms shall be governed by and construed in accordance with the laws of Kenya . Kenyan law shall apply to all disputes arising out of or in connection with these Terms and the Flexible Creator Payout, irrespective of the Creator’s country of residence or location of access.

13.2 In the event a dispute arises, the parties shall first seek to resolve any dispute amicably through good faith negotiations. If the dispute is not resolved within fourteen (14) days, either party may refer the matter to mediation administered in Nairobi, Kenya.

13.3 Where the Creator is resident in Kenya and the dispute remains unresolved within thirty (30) days of referral to mediation, any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13.4 Where the Creator is a resident outside of Kenya and the dispute remains unresolved within thirty (30) days of referral to mediation, it shall be finally resolved by arbitration seated in Nairobi, Kenya, in accordance with the Kenyan Arbitration Act. The arbitration shall be conducted by a single arbitrator appointed by agreement of the parties, failing which the arbitrator shall be appointed in accordance with the Arbitration Act. The language of the arbitration shall be English.

13.5 The arbitral award shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

If you have any complaints about us and our services, you may contact us at info@twiva.co.ke.

Call: +254715819949
Email Address: info@twiva.co.ke
Address: Kose Heights, Argwings Kodhek Road, Hurlingham, Nairobi, Kenya Office No. W.3.2B on 3rd Floor