Terms of Use and Privacy Policy

Effective Date: March 14, 2025

Applicable Platforms: ESP Realtors App & Capital City App


1. Terms of Use

By accessing or using the Capital City app, the ESP Realtors app, or any of our associated websites and services, you agree to be bound by these Terms of Use. These terms incorporate by reference our Privacy Policy, Data Policy, Refund Policy, Acceptable Use Policy, Dispute Policy, and Merchant Terms of Service.

About Our Services

The Capital City app and ESP Realtors app are digital platforms owned and operated by Capital City Development Holding Limited and its subsidiaries, including:

  • Capital City Development Limited (CCDL)

  • Capital City Estates (CCE)

  • Africore Construction and Facility Management Limited (ACFML)

  • Property Trade Limited (PTL)

  • CCDL ESP Realtors Ltd.

The Apps facilitate property transactions by connecting buyers, sellers, investors, and service providers. We operate as an independent service provider and do not control, assume liability for, or guarantee the legality or quality of transactions conducted between users.


2. Privacy Policy

Capital City App and ESP Realtors App are committed to managing your Personal Information in line with the Nigeria Data Protection Act (NDPA) and global best practices.

  • Data Collection: We collect names, emails, phone numbers, and transaction details provided during account creation or property inquiries.

  • Payment Processing: We partner with Paystack to provide secure and seamless payment processing. By using the Apps, you acknowledge that your payment data is handled according to Paystack’s security protocols.

  • Purpose: Data is used to facilitate housing solutions, provide support, and monitor transaction integrity.


3. Specific Property & Transaction Policies

The following terms apply to all transactions initiated within the Capital City app and ESP Realtors app:

Non-Refund Policy

All payments made for property transactions on these platforms are non-refundable.

Payment Default Policy

  • Timeline: Installment payments must be made consecutively every month.

  • Penalties: A 10% penalty on the outstanding balance applies for defaults, up to a maximum of three months.

  • Termination: If payment is not completed within this period, the Vendor reserves the right to terminate the agreement without refunds.

Construction & Maintenance

  • Commencement: Construction on allocated plots must begin within six (6) months to prevent abandonment.

  • Upkeep: Purchasers must maintain plots at grass level quarterly. Failure to do so will result in Africore Construction & Facility Management clearing the plot at the Purchaser’s expense.

  • Reallocation: The Vendor reserves the right to reallocate plots if payment defaults exceed the permitted period or if the purchaser fails to develop the plot within the stipulated timeframe.


4. Merchant Services Agreement (MSA)

This section applies to any entity or individual using the Capital City app or ESP Realtors app to offer services or properties.

  • Eligibility: Only businesses, sole proprietors, or bona fide organizations are eligible for a Merchant Account.

  • Verification: We may require government-issued ID, business licenses, and financial statements to validate your identity and assess risk.

  • Payouts: We arrange to settle funds to your designated Payout Account. For local transactions, settlement is typically T+1 (1 business day). International transactions may take up to 7 business days.

  • Chargebacks/Disputes: Merchants are immediately liable for all claims and fines arising from transaction disputes.


5. Data Processing Agreement (DPA)

This DPA governs the processing of Personal Data within the Capital City app and ESP Realtors app.

  • Roles: The Merchant/User is the Data Controller; the Apps are the Data Processor.

  • Security: We implement technical and organizational measures (ISO 27001/27701 compliant) to protect data confidentiality.

  • Breach Notification: We will notify you within 36 hours of becoming aware of any Personal Data Breach.


6. Disclaimers & Limitation of Liability

WE PROVIDE THE CAPITAL CITY APP AND ESP REALTORS APP “AS IS.”

  • Risk: You use these Apps at your own risk. We do not warrant that the services will be uninterrupted or error-free.

  • Liability Cap: In no event shall our liability exceed the amount of the transaction or N500,000.00 for individuals (N10,000,000.00 for corporate entities), whichever is lesser.


7. Approved Sub-Processors

To provide services within the Capital City app and ESP Realtors app, we utilize the following third-party providers:

Sub-Processor Service Provided Location
Paystack Payment Processing Nigeria
Zendesk Customer Service Germany/Ireland
AWS / Google Cloud Infrastructure USA/Ireland
Smile ID ID Verification UK
NIBSS Payment Processing Nigeria

8. Governing Law & Dispute Resolution

These terms are governed by the laws of the Federal Republic of Nigeria.

  • Amicable Settlement: We shall attempt to settle all disputes through negotiation within one month.

  • Arbitration: Unresolved disputes shall be referred to a single arbitrator at the Rivers Multi-Door Courthouse (RMDC) or the Lagos Multi-Door Courthouse (LMDC). Venue for arbitration shall be Port Harcourt or Lagos, Nigeria.


9. Contact Us

For inquiries or to contact our Data Protection Officer (DPO):

  • Email: info@capitalcitydev.com

  • Phone: 09053968335