Terms of Service

These Terms govern your organization's use of Form40 to build forms, collect submissions and collect payments. By creating an account you accept them on behalf of your organization. "We" means Form40; "you" means the organization and the people who use Form40 for it.

1. Collection on your behalf

When a payer pays through one of your forms, Form40 collects that payment on your behalf as your limited collection agent, through our payment provider Bachs. A payment received by Form40 discharges the payer's obligation to you for that amount. Payers are told at checkout that they are paying you, not Form40.

2. Your responsibilities

You are solely responsible for your goods, services, admissions, events and statements, for the accuracy of your forms, and for honouring your obligations to respondents and payers. You must have the right to collect the information your forms ask for and must use it lawfully.

3. Payouts

• We pay your available balance to your verified Nigerian bank account each business day at 10:00 (Lagos time), when it is at least ₦1,000. A bank transfer fee of ₦50 is deducted from each payout.
• Payments are held before they become available: 1 business day for verified organizations, 2 for others, and 3 while you are new (your first 30 days with an approved payout account or until you have collected ₦300,000).
• Payout accounts must be a personal account in the verified owner's name. We may change hold periods, hold payouts or require more verification based on risk.

4. Fees

• Plans: Free, Starter ($10 per month), Business ($25 per month), billed in US dollars by card through Bachs. Subscriptions renew monthly until cancelled; cancellation takes effect at the end of the paid period.
• Transaction fees on collected payments: Starter: none; Business: none. Each form chooses whether you or the payer bears the service fee.
• We will give at least 30 days' notice of fee increases.

5. Refunds and chargebacks

You bear all refunds, chargebacks, disputes and related fees for payments collected on your behalf. We may debit your balance for them and recover any negative balance from future collections or by demand.

6. Prohibited uses

You must not use Form40 for anything listed in our Acceptable Use Policy, including fraud, scams, phishing or impersonation.

7. Verification

We may ask for identity and business information (including NIN or BVN, CAC registration and bank details) at any time, and may pause payments or payouts until you provide it.

8. Complaints and investigations

If a payer or the public reports a form, we may freeze the related funds, pause forms and hold payouts while we investigate. See our Refunds & Complaints Policy.

9. Suspension and termination

We may suspend or ban an organization for breach of these Terms, fraud, repeated complaints, or legal or regulatory risk. You may stop using Form40 at any time.

10. Funds after termination for breach or fraud

If we terminate your account for breach or fraud, we may use held funds to refund affected payers and to cover chargebacks, fees and losses. To the extent permitted by law, any remaining balance may be forfeited to Form40. We may report suspected fraud to law enforcement and regulators and share information with them.

11. Set-off

We may set off any amount you owe us against your balance.

12. Limitation of liability

Form40 is not liable for your goods, services or conduct, or for indirect or consequential losses. To the extent permitted by law, our total liability to you is limited to the fees you paid us in the three months before the claim.

13. Indemnity

You will indemnify Form40 against claims arising from your forms, your conduct or your breach of these Terms.

14. Data processing

You are the data controller of the answers and files respondents submit to your forms, and Form40 processes them for you on your instructions. Our Privacy Policy explains how we handle personal data, and its processor terms form our data processing agreement with you.

15. Governing law

These Terms are governed by the laws of the Federal Republic of Nigeria. Disputes will be resolved by the courts of the Federal Capital Territory, Abuja.

16. Changes

We may update these Terms. We will tell you about material changes by email or in the app before they take effect.