Partnership Agreement
The Partnership Agreement(The Agreement) is entered into as of 7Th of May 2020 by and between Relax Family, an online shopping mall (The Mall) and Powerstar supermarket, Laira building, Tom Mboya street, Nairobi Kenya. (The Supermarket).
The Mall and the Supermarket may be referred to individually as a “party” or collectively as “The Parties.”
In this Agreement, unless the context otherwise requires –
i)”Client” means any person, body, or entity that purchases goods or services through “the site.”
ii)”The Site” shall refer to relaxfam.com
iii)”Purchase fee” means the specified price for any goods or services by the supermarket in the site.
- iv) ”Transaction fee” means the amount of money charged by “the mall “on the client for using the site.
Both parties agree as follows;
- Confidentiality –Whatever either party deems confidential, shall not under any circumstance, be shared by the other party to a third party. It may include, but not limited to: how both parties function, the password, and internal messages between the supermarkets and its branches.
- Exclusively – in five years, from the date of signing the contract, the supermarket shall not sign with any other.
3.Collaboration – The mall and the supermarket shall risk hand in hand to ensure the smooth running of services and also to offer the best possible service to the client.
- Limitation of the liability-Each party shall be liable for their action, and under no circumstances shall the party be responsible for the other party’s response.
5.Advertisement space– Where possible, the supermarket will set a designated area, easily visible to those visiting the store, that the mall could use to advertise itself.
6.The mall’s responsibilities.
The mall agrees to the following ;
i)Running and managing the site’s daily operations to ensure a smooth flow of traffic and will be directly liable for the functionality of the website.
ii)Ensure the supermarket’s account on the website is secure from any threats.
iii)Mediators. Act as the sole mediator between the client and the supermarket.
iv)Purchase fee. Remit all the purchase fees paid by a client; to the supermarkets’ pay bill/account.
7.The supermarket’s responsibilities.
The supermarket agrees to;
i)Packaging: Open payment of the purchase fee, the supermarket must package the paid goods.
ii)Security of products: Before packing or delivery of the goods, it’s the supermarkets’ duty to the paid goods are secured and away from any harm.
iii) Transportation: If delivery is requested and paid for by the client, it’s the responsibility of the supermarkets to ensure that the goods are delivered to the client’s address.
iv)Service fee: incase any service fee ends up in the supermarket’s account through design, or otherwise, the said fee must be remitted back to the mall’s account by the end of that present month.
The supermarket agrees
that;
Upon signing of the Agreement,make available the list of all products and services it offers and their categories, including other specifications such as; but not limited to size and variety of the product.
That upon signing of the Agreement set a primary contact (“the admin”) that will be the direct link to the supermarket and will be in constant contact with the mall to make sure anything runs smoothly and is implemented.
The mall agrees;
That upon signing the contract, be available 24/7 365 for any inquiries.
That upon signing within two weeks upon signing the contract, with the collaboration of the Admin, make sure that everything is uploaded and the supermarket account is opened.
Breach. If either party faults or breaches this Agreement;
i)The non-breaching party will sort for an out-of-court resolution within 21 days after noticing the breach.
ii)If the out of court resolution fails to bear any fruits, then in addition to all the rights it has under this Agreement, shall have the right to exercise any remedies available at law.
Governing law. The Kenyan law shall govern this Agreement. In the event that the litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reembark the prevailing party’s reasonable attorney’s fee, court cost and all other expenses.
Duplicate: This Agreement is made in duplicate, each having equal substance and effect. Both parties, each retaining one copy, having read and understood all terms in the Agreement, hereunder, sign their names in the presence of witnesses.
In witness, the parties hereby have executed this Agreement as of the date first above written.
The Mall The Supermarket
Relax Family, relaxfam.com
(has authority to act on behalf of Relax Family) (has the authority to act on behalf of Powerstar
Supermarket)