(1) “Event Everything” owns and operates a platform in Nigeria that allows vendors to sell or lease their products to the public over the internet. This platform is currently provided on the website www.event-everything.com, but may be provided on different websites or applications in the future.
(2) The vendor will have the opportunity to sell their products on the “Event Everything” platform. “Event Everything” is entitled to accept purchases on behalf of the Vendor. The service provided by “Event Everything” is limited to linking customers to the vendors and accepting payments on their behalf. In addition to this at “Event Everything’s” discretion they may provide the vendor with analytics about the performance of the vendor’s products and additional marketing support. This support may be reflective of the agreed level of commission.
(4) “Event Everything” may carry out changes to the website or service, or suspend the service, without notice.
2 “Event Everything” rights and obligations
(2) “Event Everything” will present on the website the products listed by the vendor. The vendor will be responsible for listing their own products.
(3) “Event Everything” is authorized to accept binding sales on behalf of the vendor and will be careful to pass order data on to the vendor as well as technology allows.
(4) In order to maintain its reputation for quality and high standard of service, “Event Everything” reserves the right to terminate the relationship with the vendor if the vendor repeatedly receives bad reviews or complaints, or fails to comply with our recommendations.
3 Vendor’s rights and obligations
(1) The vendor is obliged to provide all the information necessary when listing a product on “Event Everything” This should include but is not limited to, a detailed title and sub-title, price, quantity, picture and description. The vendor must never knowingly deceive a potential customer by misrepresenting their product/s. The vendor must notify “Event Everything” of any changes to the detail(s) of their listings while uploaded on the site.
(2) The vendors guarantees that information listed on “Event Everything” relating to his products satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.
(3) The vendor will be responsible for keeping an up-to-date inventory of all their products listed on “Event Everything”.
(4) The vendor guarantees that the information provided by him does not violate any third party’s copyright.
(5) The vendor will contact the customers no more than is necessary for processing the transactions referred by “Event Everything”. In particular, the vendor will not send any advertising email or other commercial advertisements to the customer without prior agreement from “Event Everything” or the expressed wish of the customer. When delivering products, the vendor will not advertise any of “Event Everything” competitors.
(6) The vendors is required to keep his advertised products and services available to the best of his ability. Repeated stock-outs will result in the removal of the vendor and all their products from the “Event Everything” platform.
(7) If the vendor cannot fulfill an order accepted by him, he must notify “Event Everything” as soon as possible, and within 1 day of receiving the order at the latest.
(8) The vendor agrees to adhere to his range of products and prices as provided to “Event Everything” and as described on their listing on the website. The vendor guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform. The vendor further guarantees to take great care to keep up-to- date his range of products, stock count, prices and associated terms and conditions.
(9) The vendor representative is to provide “Event Everything” with a copy of his/her valid Identity Card at the contract signature.
(1) The vendor agrees to allow “Event Everything” put a fixed percentage commission on the gross revenue from their sales made through the “Event Everything” platform.
(2) “Event Everything” may start charging additional fees for the sale of goods through the “Event Everything” platform at any point. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees. In the event of the introduction of further fees, the vendor will be notified prior to their commencement in writing and they will have the option to opt out.
(3) “Event Everything” reserves the right to adjust the percentage commission, providing suitable notice is served in advance to the vendor. “Event Everything” will give the vendor adequate notice of any commission changes, in writing.
5 Customer online payment
(1) In case of electronic payment by the customer (e.g. by credit card, debit card, or Wireless Online Transfer), “Event Everything” collects the stipulated commission and the payment for the relevant order in “Event Everything” name on behalf of the vendors, and pays it out to the vendor according to the invoicing agreement.
(2) The vendor will keep receipts of deliveries to customers for at least 13 months and make those available on request. In case of problems that may cause the order to be rescinded, or in case of a delivery failure, the vendor must immediately notify “Event Everything” by phone so that the credit card payment may be cancelled.
(3) The “Event Everything” bears the risk of abuse of the payment medium (e.g. of credit card or debit card fraud). If a fraudulent payment has been credited to the vendor, “Event Everything” reserves the right to correct the amount the vendor is invoiced to offset this payment.
6 Invoicing and vendor payment
(1) “Event Everything” invoices may be delivered by email, online, fax, post or in person. They include “Event Everything” claims on the vendor, commission, and, if applicable, other fees as stated in section 4 (2).
(2) “Event Everything” is to send a monthly statement of confirmed orders to the Supplier by the 10th of each month after which the supplier will have 5 days for verification and commission settlement.
(1) The vendors covers “Event Everything” from all claims arising in relation to matters outside “Event Everything” control, including but not limited to the quality of goods and services provided by the vendor. The vendor further covers “Event Everything” from third parties’ claims resulting from any violation of laws and regulations by the seller.
(2) “Event Everything” cannot guarantee that its service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.
(3) VAT liability rests with the vendor and “Event Everything” will not be responsible for any VAT issues.
Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.
(1) “Event Everything” has the right to freely maintain the vendor’s listing and its ranking on the website. “Event Everything” offers customers the opportunity to give ratings and reviews of the vendor’s goods and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. “Event Everything” reserves the right to delete ratings and reviews.
(2) “Event Everything” may scan, transcribe, and publish online the vendor’s listings, logos and other materials required. The vendor’s grants to “Event Everything” a royalty- free, perpetual, unrestricted license to use and distribute any materials provided by him, for the purpose of advertising “Event Everything’s” service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.
10 Terms and termination
(1) This agreement is valid as soon as the vendor signs the contract, or fulfils an order referred by “Event Everything”, and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause remains unaffected.
(2) The right to immediate termination in particular covers the case where the vendor repeatedly receives negative ratings and reviews on the website, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the vendor’s items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
(1) If a single clause in this agreement is invalid, both parties will endeavor to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
(2) “Event Everything” reserves the right to modify his general terms and conditions without giving any justification. In that case, “Event Everything” will give the vendor adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised, the right to object.
(3) The changed terms and conditions are considered agreed by the vendor if he does not object to them in writing within 3 days of receiving notice of the changes.
(4) Any terms and conditions of the vendor are not part of this agreement unless “Event Everything” expressly agrees to adhere to them in writing.
- Dispute Resolution
- The Parties shall make a good faith effort to settle amicably or by mediation any dispute or difference arising out of or resulting from this Agreement or ancillary agreements regarding its performance. An attempt to arrive at a settlement shall be deemed to have failed as soon as one of the Party so notifies the other Party in writing.
- If an attempt at settlement has failed, the dispute shall be resolved by arbitration in Lagos, Nigeria, in accordance with the Arbitration and Conciliation Act, Cap A18, LFN, 2004, or any re-enactment or amendment of the same for the time being in force by a single arbitrator appointed by Chief Judge of the Federal High Court.
iii. Nothing herein contained shall prevent either Party from obtaining interim pre-emptive or injunctive relief from a court of competent jurisdiction to enforce or prevent a breach of a term of this Agreement – provided that the relief is obtained in legal proceedings instituted as a prelude to a reference to arbitration.
- Governing Law
This Agreement shall be governed and interpreted in accordance with the Laws of the Federal Republic of Nigeria.