Agreement DaaS
Agreement DaaS
Agreement DaaS
up a contractual relationship
by and between:
M/s. Futafut Services (Private) Limited, (hereinafter referred to as “the Company ''), a private limited company incorporated in the Islamic Republic of Pakistan
with its registered office at 12th Floor, Kawish Crown Plaza, Main Shahrah-e-Faisal, Karachi.
AND
M/s. _________________________________, (hereinafter referred to as “Retailer”), is a sole proprietor/company, registered under the laws of the Islamic
Republic of Pakistan. (Retailer are hereinafter referred to collectively as the “Parties” and individually as a “Party”)
1. WHEREAS;
1.1. The Company is in the business of providing services to facilitate delivery service. The Retailer wishes to send Products using Futafut’s rider fleet
provided by The Company, The Company, offers multiple services to facilitate sales and delivery via its online platform. The Retailer appoints The
Company, as its delivery agent under the terms & conditions set hereunder.
1.2. This agreement expressly supersedes prior agreements or arrangements between both Parties unless expressly agreed otherwise between the Parties.
1.3. Both Parties agree that customer satisfaction is the ultimate interest responsible for guiding the commercial actions and behavior of both Parties.
1.4. Every transaction of the Retailer on the Company’s platform is bound to the acceptance of the terms of this agreement as well as the details, annexes,
appendices, platform policies mentioned in this agreement and/or available on the Company’s website.
1.5. The service provided by the Company, is limited to delivery services to the Retailer and accepting orders and payments on their behalf as well as
supporting, but not limited to, a range of logistics and marketing services, to be requested and purchased by the Retailer. This support is covered within
the agreed level of service fees.
1.6. The Company, may use the services of subcontractors to execute any part of the present agreement or any kind of future services made available to
the Retailer without any prior intimation.
1.7. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended
at the relevant time.
1.8. The platform policies are to be read into and incorporated as an integral part of this agreement. Due to constant improvement of the Company’s services,
platform policies will evolve and change over time (with notice to the Retailer). The Retailer’s use of the platform and access to the Retailer’s Platform is
subject to this agreement and the latest platform policies available on the Company’s website.
1.9. In order to maintain its reputation for quality and high service standards, The Company reserves the right to delist the Retailer and to terminate the
relationship with the Retailer based on the Company’s internal quality assessment of the Retailer as governed by the Company’s Customer Protection
Policy.
2. Code Of Conduct:
2.1 Notwithstanding any clauses in this agreement, this contract is to be read in line with the Retailer Code of Conduct. Any breach in the Retailer Code of
Conduct would automatically constitute a breach of contract within this agreement. In any event where the Retailer Code of Conduct is amended the
Company shall inform the Retailer of the said amendment.
3. OBLIGATIONS
3.1 The Futafut shall be obliged to respond to the Retailer on all such questions or complaints within forty-eight (48) hours of the receipt of such questions
or complaints.
3.2 On receiving Rider’s response to any question or complaint the Company shall promptly forward the response to the Retailer.
3.3 If a Retailer fails to respond to any question or complaint within forty-eight (48) hours of receiving the same the Retailer might not be able to claim any
losses.
4. PAYMENTS
4.1 The Company will ensure payment statements are available on the Retailer’s Platform with all relevant payment information.
4.2 All payments will be made in Pakistani Rupees. In case the Retailer wishes to change the bank account information, it may do so by applying to the
Company and providing the relevant documents for verification/record purpose. Payments will be made via online transfer to the Bank Account specified
by the Retailer in the Retailer’s agreement.
4.3 The Retailer agrees that the Company shall not be liable for any failure to make payments arising due to incomplete or inaccurate information provided
by the Retailer with regards to its Bank Account
4.4 In case an order is later returned to the Company by the customer, the Company may charge a reverse logistics service fee amount in the next cycle
and return the product to the Retailer (subject to return policy).
4.5 In case a Retailer’s Product is lost by the Company and/or 3PL during transit or handling the Company will reimburse the Retailer for the Product in
question.
4.6 In case the Retailer raises a dispute about the condition of a returned Product (e.g. Product is damaged) the Company will reimburse the Retailer for the
product in question given the case is reviewed and accepted by the Company in favor of the Retailer. For such a reimbursement, title of ownership of said
Product shall only pass to the Company in the case the Company decides to hold the Product for commercial purposes. The Company may also hold the
Product temporarily in order to claim insurance or settlement with a 3PL. This does not mean ownership of Product transfers to the Company
4.7 The Company shall be entitled to deduct or withhold from payments to be made to the Retailer under this agreement any duties, taxes or other amounts
required to be deducted or withheld under any federal, provincial or local law and to remit the same to the taxation authority of any jurisdiction relevant to
the transaction.
4.8 Any sums due to the Retailer hereunder may be applied by the Company as a set off against any sums owed by the Retailer to the Company or against
any claims of third parties against the Company arising from the Retailer’ performance, whether under this agreement any Contract or other document.
4.9 The payment for each order will be submitted back to the retailer by the rider. The retailer is entitled to clear the delivery charges as per distance to futafut
at the end of the day.
5. CONFIDENTIALITY
5.1 All Customer information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic,
observational, or otherwise, and documents supplied, revealed or disclosed in any form or manner to the Retailer by the Company or produced or created
by the Retailer for the Company, hereunder are the intellectual property of, and confidential to the Company, and Retailer and shall be used solely by the
Retailer for purposes of this agreement. All such information shall be treated and protected by the Retailer as strictly confidential, and shall not be disclosed
to any third party without the prior written consent of the Company,, and shall be disclosed within the Retailer’s organization only on a need-to-know basis.
5.2 Both Parties may require their respective employees and other personnel involved in the performance of this agreement to execute an individual
confidentiality agreement prior to any disclosure. Any non-disclosure agreement heretofore executed by the Retailer in connection with the sale of its
Products under this agreement is hereby expressly incorporated within the Contract.
5.3 Both parties shall immediately return to each other any information provided, either upon demand, or upon termination of this agreement, including all
copies made by either Party.
5.4 Both Parties shall not publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this agreement or make any
reference to each other, the business of either to any third party by any means, and through any medium (including but not limited to advertising, web
site references, photographs, articles, press releases or interviews, speeches or programs) without obtaining prior written consent.
6. INDEMNIFICATION
6.1 The Retailer agrees to release, defend, indemnify and hold harmless the Company, including its affiliates, and any director, officer, employee, contractor,
or agent, against any costs (including attorney fees and court costs on an indemnity basis), fines, penalties, damages, and liabilities, arising from, alleged
to arise from, or in any way associated with:
6.1.1 any defect in Products sold to any Customer;
6.1.2 any claim made by any Customer on the basis of any Contract;
6.1.3 any defect in the packaging or shipping of a Product by the Retailer;
6.1.4 any violation of any law committed by the Retailer, including any failure by the Retailer to pay any required tax on the import, manufacture, production,
sale, supply, distribution or delivery of a Product;
6.1.5 any negligence or fault of whatever nature of the Retailer or its affiliates, and any director, officer, employee, contractor, or agent; or
6.1.6 any breach in any warranty or representation made herein.
7. FORCE MAJEURE
7.1 The Company, may, at its option, fully or partially suspend delivery/performance while such circumstances continue and the Company, shall not be liable
for any loss or damage suffered by the Retailer as a result of such suspension, including but not limited to from the Retailer’s failure to fulfill any Contract
with a Customer.
8. DURATION & TERMINATION
8.1 This agreement remains valid for ________ extendable by tacit agreement until one of the parties terminates it.
8.2 The Retailer may terminate this agreement by means of thirty (30) Days’ notice by registered letter with acknowledgement of receipt.
8.3 On or at any time after the occurrence of any of the events of default in Clause 8.4 below, the Company, shall, in addition to any rights or remedies it may
have in law, in equity, be entitled to terminate this agreement with immediate effect by written notice to the Retailer.
8.4 The following shall constitute events of default:
8.4.1 The Retailer being in breach of any warranty or representation under this agreement or any Contract;
8.4.2 The Retailer being in breach of any obligation under this agreement or any Contract and failing to remedy the same on or before seven (7) Business
Days from receipt of a written notice from the Company, of such breach;
8.4.3 The Retailer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Retailer’s winding up or dissolution;
8.4.4 The Parties will settle all outstanding liabilities on termination of this agreement.
9. NOTICES
9.1 All notices between the Parties shall be in writing.
10. RELATIONSHIP OF THE PARTIES
10.1 Nothing in this agreement will create any partnership, joint venture, franchise, sales representative or employment relationship between the Parties or
impose any liability on the Company, in relation to the Retailer beyond that specifically expressed in this agreement as a service agent.
11. MODIFICATIONS
11.1 The Retailer acknowledges and agrees that the Company, may at its sole discretion modify, amend or change any of the general terms and policies and
such modified, amended or changed general terms and policies shall come into force and be binding on the Retailer upon the posting of such changes
on DaaS Platform or on the website, and the Retailer is responsible for reviewing these locations and informing itself of all applicable changes or notices.
The Company will inform the Retailer of any modification via email. The Retailer’s continued access and use of the Platform after the Company’s posting
of any changes will constitute its acceptance of such changes or modifications.
11.2 The Retailer will then have fourteen (14) days to accept any and all modifications or communicate disagreement via the Platform or via Email. If there is
no response from the Retailer it will count as an agreement on the Retailers part.
12.3. CANCELLATIONS, REJECTIONS, RETURNS AND REFUNDS
12.3.1. The Retailer agrees that a Customer may cancel an order and the retailer will be charged in full for the delivery service.
12.3.2. Where for any reason whatsoever any product in any category cannot be delivered to the Customer (“Rejected Product”), the Company may at its
discretion charge the entire cost of shipping the product to the Retailer.
12.3.5. Unless stated otherwise in the Return Policy, the Retailer will accept returns of Products/Order in case of following.
Under the following conditions
· Defective/Damaged Product
· Incorrect Product
· Incomplete Product
· The Customer changes his/her mind or no longer needs the order
· The product is unused, unworn, unwashed and without any flaws.
· The product includes the original tags, user manual, warranty cards, freebies and accessories.
· The product is returned in the original and undamaged manufacturer packaging / box.
13. Pricing
13.1 Futafut will charge the delivery fee per ride/order to each retailer.
13.2 The distance will be calculated based on the delivery address provided by the retailer on DaaS.
13.3 Futafut will review if a claim is submitted regarding the distance of a ride and will be the end decision maker on the claim.
13.4 All prices are exclusive for each retailer availing DaaS.
13.5 Below mentioned pricing structure is agreed by both parties and Futafut will charge the retailer accordingly.
Please select one of the following pricing models below:
● 13.5.1 Qcom Service Receiver Signature: ____________________________
13.5.1.1 Futafut will charge a fixed rate of 100 Rupees per order for each delivery within 4 kilometers of distance.
13.5.1.2 Futafut will charge a fixed rate of 140 Rupees per order for each delivery for a distance greater than 4 kilometers and less than 6 kilometers.
13.5.1.3 Futafut will charge a fixed rate of 200 Rupees per order for each delivery for a distance greater than 6 kilometers and less than 12 kilometers.
Account details:
Account Title: _____________________________
Bank(bank/wallet name): ___________________________
Account Number/IBAN: ___________________________
● If the account title does not match the retailer’s owner name in this agreement, please acknowledge this by ticking the checkbox and endorse
the account title above by signing it.
IN WITNESS WHEREOF the Parties have hereunder set their hands on the day and year first above written.
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
FUTAFUT SERVICES (PVT.) LIMITED _____________________________
WITNESSES
1.___________________________________ 1. __________________________________