1. Legal Status & Regulatory Disclosure
Dominium is a property management software platform, NOT a bank or licensed Payment Service Provider (PSP).
Dominium acts as a limited commercial collection agent for landlords. All rent payments collected through our Paybill are held temporarily and disbursed to landlords' designated accounts within 24 hours. We do not offer general payment services to the public.
Important Disclosure: Dominium does not hold client funds for extended periods. All rent payments are processed and disbursed within 24 hours of receipt. Security deposits are held in a separate client trust escrow account (see Section 3A).
2. How Our Payment System Works
Landlords: Tenants pay rent to Dominium's designated Paybill number. We verify the payment, deduct our platform fee (see Section 5), and automatically disburse the remaining balance to your registered payout method (M-PESA Phone, Paybill, Till, or Bank Account).
Tenants: When you pay rent through the Dominium platform, your payment is received by Dominium as the landlord's authorized agent. We provide you with a payment receipt and notify your landlord of the completed transaction.
Payment Confirmation: All payments are confirmed via real-time M-PESA webhooks. You will receive an SMS and email receipt within 5 minutes of successful payment.
3. Landlord & Property Manager Terms
- Account Verification: Landlords must provide valid identification (National ID/Passport), KRA PIN, and verified payout credentials before receiving disbursements.
- Payment Method Verification: Your phone number, Paybill, Till, or Bank Account must be verified by our admin team before disbursements begin. This prevents fraud and ensures funds reach the correct recipient.
- Recipient Token Storage: When you first receive a disbursement, our system securely stores your payout details as a "recipient token" for future payments. You may update these details at any time in your settings.
- Disbursement Timing: Payments are processed via our automated disbursement engine within 24 hours of tenant payment. In rare cases (system maintenance, network outages), disbursements may take up to 48 hours.
- Failed Disbursements: If a disbursement fails (invalid phone number, incorrect bank details), our system automatically retries up to 3 times. You will be notified via email and SMS to update your payout details.
3A. SECURITY DEPOSIT ESCROW & TENANT PROTECTION
Dominium operates a specialized client trust escrow system for security deposits.
This section protects tenants from exploitation, ghost apartments, and wrongful deposit withholding.
Tenant Protection Guarantee: Your security deposit is protected by Kenyan law and Dominium's escrow trust. No landlord can access your deposit without valid, documented deductions.
3A.1 Ownership of Deposits
All security deposits, utility deposits, key deposits, or any other pre-paid holding fees paid by a Tenant through the Dominium Platform do not constitute revenue, income, or working capital for Dominium or the Landlord.
Deposits remain the exclusive legal property of the paying Tenant, held in a specialized, non-interest-bearing corporate client trust escrow account.
Dominium acts solely as a custodial trustee, not as a beneficial owner of these funds.
3A.2 The Extended Custody Mandate
Landlords and Tenants explicitly authorize Dominium to hold, secure, and preserve security deposits within its localized trust infrastructure for the entire duration of the active tenancy term.
This mandate begins when the first deposit payment is logged and ends only when:
- A valid move-out notice is processed and the refund is completed, or
- A mutual agreement is signed by both parties releasing the funds, or
- A binding determination is issued by a competent court or tribunal.
3A.3 The Automated Move-Out Inspection Buffer
Upon a Tenant issuing an official move-out notice via the Dominium user interface, the refund protocol shall remain locked for a mandatory reconciliation window of fourteen (14) to thirty (30) calendar days.
This buffer period allows:
- Joint move-out inventory inspection and documentation
- Verification of pending utility bills (Kenya Power, Water tokens, garbage collection)
- Assessment of any structural damage beyond normal wear-and-tear
- Resolution of any outstanding rent arrears
The Landlord cannot access or withdraw the deposit funds during this buffer period unless a written mutual release is signed by both parties.
3A.4 Authorized Deductions Policy
The Landlord may programmatically trigger deductions from the held deposit balance strictly and only for:
- Structural Damage: Proven damage exceeding standard wear-and-tear (with photo/video evidence)
- Rent Arrears: Outstanding rent amounts logged in the database ledger at move-out
- Unpaid Utilities: Pending Kenya Power, water, or other utility bills attached to that specific unit index
- Missing Inventory: Agreed-upon items listed in the move-in checklist that are not returned
All deductions must be supported by itemized cost documentation uploaded to the Tenant portal dashboard.
The Tenant receives immediate notification of any proposed deduction and may dispute it within 7 days.
3A.5 Dispute Hold Lock ("Legal Freeze")
If a formal dispute arises regarding a security deposit refund allocation, Dominium reserves the absolute operational right to place a "Legal Freeze" on the escrowed balance.
During a Legal Freeze:
- No funds are released to either party
- The deposit remains locked in the trust escrow account
- Monthly interest (if any) accrues to the deposit balance
- The freeze continues until:
- Both parties sign a digital mutual consent release form, OR
- A determination is issued by a competent Rent Restriction Tribunal in Kenya, OR
- A binding court order is presented
3A.6 Protection Against "Ghost Apartments"
To prevent exploitation through fake or non-existent property listings ("ghost apartments"):
- Property Verification: Every apartment listed on Dominium undergoes physical verification by our team before accepting tenant deposits.
- Deposit Escrow Protection: If a property is determined to be fraudulent or non-existent, the full deposit amount is refunded to the Tenant from our Trust Escrow account within 48 hours.
- Landlord Penalties: Landlords found to have created ghost listings face immediate account termination and permanent ban from the platform.
- Transparency Guarantee: Tenants can view property verification badges, past tenant reviews, and landlord verification status before paying any deposit.
3A.7 Security Deposit Financial Data Retention
Because security deposits are preserved on our servers across multi-year cycles:
- All historical ledger tracking hashes, bank escrow routing tokens, and associated tenant identification nodes are subjected to hardened continuous encryption protocols (AES-256).
- Historical transaction states are preserved under a strict segregation matrix, preventing any exposure during standard automated site maintenance intervals.
- Deposit records are retained for 7 years after tenancy ends (as required by Kenyan tax and audit laws).
- Access to deposit transaction logs requires two-factor authentication (2FA) and is logged for audit purposes.
4. Tenant Payment Terms
- Payment Methods: Tenants may pay via M-PESA (STK Push, Paybill, or Till) as displayed in the app.
- Receipts: Upon successful payment, you will receive an SMS and email receipt containing your transaction reference number.
- Late Payments: If rent is not paid by the due date, late fees as specified in your lease agreement may apply. Dominium may send automated reminders on behalf of your landlord.
- Disputes: Any payment disputes must be raised within 7 days of the transaction date. Contact your landlord first; if unresolved, contact support@dominium.co.ke.
5. Platform Fees & The Ksh 1,500 Cap
Dominium charges a platform fee based on the rent amount collected. Our fee structure is transparent and locked per landlord upon registration.
| Rent Range (Ksh) | Fee Type | Landlord Fee |
|---|
| 1,000 - 4,999 | Fixed | Ksh 350 |
| 5,000 - 9,999 | Fixed | Ksh 400 |
| 10,000 - 19,999 | Hybrid | Ksh 100 + 4.74% |
| 20,000 - 49,999 | Hybrid | Ksh 150 + 4.74% |
| 50,000 - 99,999 | Hybrid | Ksh 200 + 4.74% |
| 100,000+ | Percentage | 4.74% (max Ksh 1,500) |
Maximum Fee Cap: No individual unit transaction will ever incur a fee exceeding Ksh 1,500 (One Thousand Five Hundred Kenyan Shillings).
For example: If your rent is Ksh 200,000, the calculated fee of 4.74% (Ksh 9,480) is automatically capped to Ksh 1,500. This cap protects high-value properties and enterprise landlords.
Volume Discounts: Landlords managing 20+ units receive automatic percentage discounts on their platform fees. Discount tiers range from 8% (20 units) up to 22% (500+ units).
6. Liability & Service Limitations
- Network Outages: Dominium relies on Safaricom's M-PESA APIs and banking networks. We are not liable for delays caused by downstream provider outages.
- Wrong Payment Details: If you provide incorrect payout details (wrong phone number, bank account), Dominium is not liable for funds sent to the wrong recipient. Always verify your details before saving.
- Disbursement Delays: While we aim for same-day disbursement, bank clearings and mobile network issues may cause delays up to 48 hours.
- Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, government actions, internet outages).
7. Data Collection & Recipient Token Storage
To process automatic payouts, Dominium securely stores the following payout credentials:
- For M-PESA disbursements: Your registered phone number
- For Paybill disbursements: Paybill number and account reference
- For Till disbursements: Till number
- For Bank transfers: Bank name, account number, and bank code
- For Deposit Escrow: Deposit amounts, ledger hashes, and refund status
These credentials are encrypted at rest and transmitted only to our licensed payment partners (Safaricom/Paystack) to execute disbursements. You may update or delete these credentials at any time via your settings dashboard.
8. Account Suspension & Termination
Dominium reserves the right to suspend or terminate accounts that:
- Provide false or fraudulent information
- Attempt to bypass our fee structure
- Use the platform for illegal activities
- Repeatedly fail to update expired/correct payout details causing failed disbursements
- Create ghost apartment listings to defraud tenants
9. Amendments to These Terms
We may update these Terms from time to time. Material changes will be communicated via email and require your acceptance before continuing to use the platform. The "Last Updated" date at the top of this page indicates when changes were made.
10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the Laws of the Republic of Kenya. Any dispute arising out of or in connection with these terms shall first attempt resolution through informal negotiations. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts in Nairobi, Kenya.
Security deposit disputes may also be referred to the Rent Restriction Tribunal in accordance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act or the applicable Kenyan tenancy legislation.
11. Contact Information
Legal & Compliance Inquiries: legal@dominium.co.ke
Support & Technical Issues: support@dominium.co.ke
Data Protection Officer: dpo@dominium.co.ke
Deposit Disputes: disputes@dominium.co.ke
Phone: +254 112 083 153