Terms of Service for Assisted Purchase Service [1st Edition]

NESTICT TEMPLATES
1

Terms of Service for Assisted Purchase Service [1st Edition]

Terms of Service for Assisted Purchase and Configuration Services

Last Updated: [29th September 2024]

These Terms of Service (“Terms”) govern your use of services provided by NESTICT INFOTECH (referred to as “we,” “us,” or “our”), a company registered in Kenya under registration number BN-ZMCQKK8. By engaging our services, you agree to be bound by these Terms. Please read them carefully.

1. Services Offered

We provide the following services:

  • Assisted Purchase (Product/Service Sourcing): We assist clients in acquiring products or services from vendors.
  • Product Configuration/Setup: We provide configuration or setup services for products purchased.

2. Assisted Purchase (Product/Service Sourcing)

2.1 Fee Structure:

  • A service fee of 15% of the agreed total amount for the product or service after bargaining is charged.
  • This fee excludes shipping and any configuration/setup services, which are charged separately.

2.2 Vendor Relationships:

  • We act solely as an intermediary between you and the vendor.
  • You are responsible for all transactions, agreements, and interactions with the vendor, including payment for the product or service.

2.3 Shipping:

  • Shipping and logistics arrangements, including costs, are the responsibility of the client unless specifically included in a separate agreement.
  • We are not responsible for delays or issues related to shipping.

2.4 No Liability for Vendor Performance:

  • We are not responsible for any issues, defects, or non-performance of the product or service sourced from the vendor.
  • Warranty claims and other product/service issues should be addressed directly with the vendor.

3. Configuration/Setup Services

3.1 Separate Contract for Configuration/Setup:

  • Any configuration or setup of a product purchased through us creates a new contract.
  • Fees for configuration/setup are payable according to the agreed work schedule as outlined in the contract.

3.2 No Warranty Liability:

  • We are not liable for any warranty breach that may arise as a result of the configuration or setup of the product.
  • Any warranty claims remain between you and the product vendor.

4. Payment Terms

4.1 Payment Due:

  • The 15% service fee for assisted purchase is due upon the successful negotiation of the product or service price with the vendor, and must be paid before the transaction is completed.

4.2 Configuration/Setup Payments:

  • Payments for configuration or setup services are to be made as per the agreed schedule and terms set forth in the configuration contract.

4.3 Late Payments:

  • Late payments may incur penalties, interest charges, or suspension of services as outlined in the individual contracts.

5. Limitations of Liability

5.1 No Guarantee of Product Quality or Vendor Performance:

  • We do not guarantee the quality, functionality, or suitability of the products or services sourced from third-party vendors.

5.2 Liability Cap:

  • In no event shall our total liability exceed the fees paid by you for our services.

5.3 Indemnification:

  • You agree to indemnify and hold us harmless from any claims, damages, or losses arising from the use or performance of any product or service sourced or configured by us.

6. Dispute Resolution

6.1 Governing Law:

  • These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws principles.

6.2 Arbitration:

  • Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of [Kenyan Institution], to be conducted in Mombasa, Kenya.

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.