Agent Terms and Conditions Agreement
Feasible Solutions 56 (PTY) Limited t/a Cazabella
(Hereafter known as the Company)
Insert Full name and ID from application form
(Hereafter known as the Agent)
- In the applications set out in this document, these general terms and conditions shall apply:
- 1.1.the following words and expressions shall bear the following meanings:
- “the Agent” means either the Representative or the Sales Leader, that promotes, sells or performs activities related to Cazabella products;
- “the Company” means Cazabella (Pty) Limited, registration number 2009/016156/07
- 1.2.Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa.
- 1.3.No act or omission of the Company shall be construed as a variation or waiver of any of these conditions.
- 1.4.The Company reserves the right, as its sole discretion at any time to discontinue the supply of any goods and/or to amend the specifications thereof.
- 1.5.The Company shall not, under any circumstances whatsoever, be liable to the Agent or any other person for any loss or damage, including without limitation, any loss of profits or special damages or any consequential loss or damage arising from any cause whatsoever.
- 1.6.The Agent shall be liable for all legal costs incurred by the Company, as between attorney and own client as well as collection commission and interest should be necessary for legal action to be taken for the recovery of any amounts owing to the Company, arising out of the business conducted between the Agent and the Company.
Appointment and Agent Responsibilities
- 1.1.Cazabella hereby appoints the Agent as a sale Representative for Cazabella Products and the Agent agrees to undertake the Activities as per the terms and conditions. This Agreement grants no distribution rights to the Agent in respect of any products supplied by Cazabella.
- 1.2.Nothing in the agreement renders the Agent an employee, worker or partner of Cazabella, His/her Sales Leader, or any member of the Team.
- 1.3.The Agent understands and agrees that he/ she is a self-employed independent contractor and is solely responsible for arranging the necessary tools and funds to perform the Activities.
- 1.4.The Agent is fully responsible for:
- Complying with all the requirements, statutory or otherwise, which are applicable to independent contractors and persons performing activities such as the Activities; and
- Paying all costs, and expenses associated with his/her business activities including all tax, insurance, telephone accounts and any other costs.
- 1.5.All disbursements incurred by the Agent in the course and scope of the Activities rendered in terms of this Agreement are for his/her own account.
- 1.6.The Agent many not hold him/herself out as being authorized to: negotiate the sale or purchase of goods on behalf of or in the name of Cazabella; incur any expenditure, debts, liabilities or obligations in the name of or for the account of Cazabella; and/or commit Cazabella to agreements with third parties, unless he/she is expressly authorized to do so in writing by Cazabella.
- 1.7.This agreement shall continue until terminated and may be terminated by either party at any time.
- 1.8.The Agent will receive a trade discount on the company’s recommended retail price inclusive of VAT.
- 1.9.The Agent may only sell Cazabella Products at retail prices as specified by the Company which may change from time to time.
- 1.10.The agent may not resell and Cazabella products to any retail store or business entity without express written consent from the Company.
- 1.11.The Company reserves the right to vary trading terms without prior notice.
- 1.12.The Agent shall use his or her best efforts to enhance the image of the Company and the products of the Company and will undertake the Activities in a professional manner and to the standards required by Cazabella.
- 1.13.The Agent may not promote Cazabella’s products in a manner which is likely to mislead or deceive potential customers. In particular, the Agent must not persuade anyone to make a payment promising benefits from getting others to join Cazabella as Agents or Sale/Business Leaders.
- 1.14.That this agreement contains all the express provisions agreed on by the parties and the parties waive the right to rely on any alleged express provision not contained in the agreement.
Conditions for Agent’s Account
- 1.1.The Agent hereby consents to the Company making enquiries, as it may deem necessary, relating to the Agent’s credit record and trade references with any credit reference agency or any third party. The Company may likewise provide credit reference agencies with updates regarding the Agent’s account (and including, if the occasion arises, any failure by the Agent to meet any agreed upon conditions).
- 1.2.The Company shall at all times have the absolute right, in its sole discretion, to immediately discontinue or suspend the Agent’s account/credit facility. The Company shall, in the event of such right being exercised, provide the Agent with 10 (ten) days written notice of such discontinuation or suspension (as the cause may be) and the full balance the owing by the Agent to the Company shall immediately become due and payable on demand.
- 1.3.The Agent indemnifies and holds the Company harmless against all claims, fines, penalties, action, proceedings, judgments, damages, losses, costs, expenses or other liabilities caused, whether negligently or otherwise, by non-observance or non-compliance by the Agent in terms of this agreement.
Conflict of Interest
- 1.1.The Agent warrants that he/she is over the age of 18 at the time of accepting the terms and conditions of this Agreement.
- 1.2.The Agent agrees not to encourage or invite Cazabella Representatives/Consultants or Sales/ Business Leaders to participate in other network or multi-level marketing or direct selling programmes in competition with those promoted by Cazabella.
- 1.3.Nothing in this Agreement prevents the Agent from being engaged in any other business, occupation or activity that such business, occupation or activity does not cause a breach of a conflict with any of the Agent obligations in this Agreement.
- 1.1.The Agent must do nothing to bring Cazabella into disrepute or damage the distinctive quality of Cazabella’s trademarks or trade names, which are the exclusive property of Cazabella or its affiliated companies and which are protected by law.
- 1.2.The Agent may not create any advertising or promotional materials, including materials on the Internet or other electronic media, or operate or maintain any website for the purpose of promoting his/her Cazabella Agent Business, unless such advertising or promotional material or website is in line with the Intellectual Property Policy of Cazabella in place at the time. A copy of the current Intellectual Property Policy is available from the Company’s Head Quarters upon request.
6.1 Information which is provided by the Agent or Cazabella in connection with these Terms and Conditions and which is not or has not been publicly disclosed must be kept confidential and must not be used or divulged other than in accordance with this Agreement.
- 1.1.The Agent consents to his/her personal details being held and processed (including processing by automatic means) by Cazabella and its authorized third parties for the purposes of performing functions on Cazabella’s behalf, including (but not limited to) order fulfillment and delivery, marketing, research, customer service, administration, payment processing, the production of electronic invoiced and statements of fees earned, which may also provide to the Sales Leader or other team members.
- 1.2.The Representative consents to allowing transfers of his/her personal details to any other company within Cazabella’s group and business contacts located in other countries outside South Africa in order to facilitate the proper performance of these Terms and Conditions by Cazabella.
Duration and Termination
- 1.1.This Agreement will come into force when the Company notifies the Agent in writing that the Agent account has been opened by the Company’s credit control department and will continue unless terminated by either of the parties giving written notice to the other, which notice must be delivered by registered mail or by hand, and will have immediate effect.
- 1.2.Without prejudice to any other remedies that the Company may have against the Agent, the Company has the right at any time, by giving notice in writing to the Agent, to terminate the Agreement with immediate effect if the Agent: commits a breach of any of the terms or conditions of this agreement; or is guilty of any conduct which is prejudicial to the Company’s interest (and which is determined in the Company’s sole discretion).
- 1.3.The Agent indemnifies the Company for and in respect of any liability for any claim arising as a result of a breach by the Agent of the terms of the Agreement.
- 1.4.If the Company ceases to carry on business, or ceases to deal in the product, this Agreement shall terminate forthwith unless the rights and obligations of the Company are assigned to another legal entity.
- 1.5.Nothing in this Agreement entitles the Agent to receive any compensation or indemnity following the termination of this Agreement. Where this Agreement is terminated, the Agent must, at the Company’s request, remove and return to the Company or destroy, any and all signs, stationery or other material reflecting the name or logo of Cazabella that came into his/her possession during the duration of this Agreement and must stop holding his/herself out, in any manner, as an Agent of Cazabella.
- 1.1.The Agent must adhere to the following when attending any public event:
- Written permission to do public events at fairs, shopping centers, flea markets, expo’s etc. must be obtained in writing on a Company letterhead by no later than 7 days before the event. This is to ensure that events are not double booked.
- A copy of proof payment must be handed to the Company before the event where required.
- A requisition of any display equipment must be completed 7 days prior to the event.
- All products must carry price tags at all times without exception.
- Every client must be issued with a receipt.
- Competition forms must be available at every show or event.
- All Cazabella branding must be displayed.
- Products may only be sold at the retail prices as specified by the Company.
- 1.2.The Agent must keep the Company informed of any change to his/her physical address, email address or telephone number.
- 1.3.The Agent expressly authorizes the Company to issue communications (including invoices) electronically, by email to the Agent, by posting messages or notices on the Company’s website (www.cazabella.co.za or such other website address as the Company may notify from time to time) or by Short Message Service (SMS), and the Agent agrees that such communications will satisfy any legal requirements for such communications to be in writing in terms of provision of the Electronic Communications and Transactions Act,2002.
- 1.4.The Agent may be required to attend meetings from time to time with his/her Sales Leader or with a divisional manager of the Company.
- 1.5.This Agreement constitutes the entire agreement between the parties and supersedes any previous agreement or understanding in relation to the same subject matter, but this clause does not limit the liability of either party or fraud.
- 1.6.This Agreement is governed by the laws of South Africa.
- 1.7.By signing this Agreement, the Agent records that he/she carefully read and reviewed the contents of the Agreement and acknowledges that he/she fully understands all of its terms and conditions.
- 1.8.The Applicant chooses domicillium citandi et executandi, for all purposes under this agreement and these conditions and in the business conducted between the parties, at the address given on the face hereof. The Applicant shall notify the Company of any change of address by the way of written notification, within 7(seven) days of any such change occurring and any change in the Applicant’s domicillium shall be effective 7 (seven) days from receipt of such notice of change by the Company.
For the Company: 1 Crompton Street, Pinetown, KZN, South Africa, 3610
For the Agent: Insert Physical address from application form
By clicking accept you agree to entering into the above Agent Terms and Conditions agreement have read and understood the entire agreement.