Seller Agreement
Introduction
As a demonstration of our commitment to Kenya and Kenyan entrepreneurs, Neftac Global. doing business as Airsoko (“Airsoko,” “us”), Kenya’s Fastest Growing all in one Marketplace, opened up its online platform to Kenyan businesses to enable merchants to sell their products (“Marketplace”), giving instant nationwide access to your products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products to customers all over Kenya. Businesses that sign up for Airsoko's Marketplace will have a free microsite provided for them, and Airsoko will offer additional value-added services including, but not limited to, marketing, customer service, and logistics partnerships to cater to customers in all counties in Kenya. Airsoko will also provide seller support to all its merchants to help grow their businesses. Merchants can greatly increase sales and revenue by partnering with us, while we focus on giving them the visibility and customer base needed to achieve this.
We also provide convenient payment terms for the proceeds of merchants’ sales. Airsoko offers its customers prepaid payment option for goods purchased. All a merchant is required to do to enjoy these benefits is to review and accept the terms and conditions of the Airsoko Marketplace, Service Agreement below. Airsoko reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Airsoko website.
Agreement
In consideration of the mutual covenants set forth in this Agreement, Seller and Airsoko (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
1. Services Rendered
The Seller agrees to compensate Airsoko for the services rendered listed in section 2 below (“Services”).
2. Delivery of Services
Airsoko will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
- Online storefront tailored to the Seller with payment gateway at Airsoko.com;
- Access to Seller Panel/ Seller Admin and other account management systems;
- Access to a dedicated seller support team to attend to all inquiries and other account management services;
- Access to logistics partners;
- Provision of analytics;
- Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00);
- E-marketing, and other marketing services as available and appropriate.
Airsoko may, at its sole discretion, add or remove Services from the above list from time to time, and some of the new services may attract separate charges, in which case the Seller will be informed before the provision of the said services.
Airsoko reserves the right to alter or vary the available Services, the nature of the Services, and any charges at its sole discretion.
The Seller agrees to use reasonable diligence in providing Airsoko with genuine products and accurate product information. The Seller shall also be responsible for listing and pricing their products on the marketplace and updating inventory levels based on stock availability.
By listing your products on Airsoko marketplace, you agree to be liable for shipping to the customer using your preferred carrier, which may include third-party logistics providers. Airsoko marketplace will not be held liable for any cost of shipment, loss, or damage of goods in transit.
Sellers are also expected to handle their returns through their preferred logistics service provider or as agreed with the customer. Airsoko marketplace will not be responsible for returning your shipped orders to you.
3. Compensation
For all of the Services provided by Airsoko under this Agreement, the Seller shall compensate Airsoko, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers, agreed in advance between both parties, or detailed elsewhere on the Airsoko website. Airsoko will periodically review the commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the Seller Admin portal, or on Airsoko’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place.
Payments shall be remitted into the Seller's account after the shipped orders have been confirmed as received by the customer, and the return policy stated on the product has expired.
Airsoko shall deduct the commission before remitting the net value into the merchant’s account.
Airsoko remits payment to sellers every Wednesday for the previous week's sales, for transactions totaling less than 50,000 KES. For more information on other settlement options, please check finance guidelines.
4. Confidentiality
The Seller and Airsoko acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Airsoko. The Seller shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this agreement, without Airsoko’s prior written consent, disclose or otherwise make available any such Confidential Information.
The Seller shall not disclose or otherwise make available, directly or indirectly, all or any part of the Confidential Information to anyone. Excluded from the definition of “Confidential Information” is anything that can be seen by the public.
5. Independent Contractor
Airsoko shall be deemed an independent contractor. Airsoko will be fully responsible for the payment of its own income taxes on all compensation earned under this Agreement. The Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Airsoko’s behalf. Airsoko is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Airsoko understands that it will not be entitled to any fringe benefits that the Seller provides for its employees generally, nor to any statutory employment benefits, including, without limitation, worker’s compensation or unemployment insurance.
6. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the Parties related to the subject matter hereof. Airsoko reserves the right to alter these terms and conditions at any point without notice by updating the content on the Airsoko website.
7. Content
Airsoko Marketplace does not claim ownership rights in your Content. You grant Airsoko a license solely to enable Airsoko to use any information or content you supply, so that Airsoko is not violating any rights you might have in that Content. You agree to allow Airsoko to store or re-format your Content and display it on Airsoko Marketplace in any way that Airsoko chooses. Airsoko Marketplace will only use personal information in accordance with its Privacy Policy.
By uploading Content to Airsoko Marketplace, you promise that you own and/or have the right to use such Content in this manner, and that such Content does not infringe any third-party intellectual property rights. In the event that Airsoko receives a complaint regarding any Content posted by you, it shall be your sole responsibility to address such a complaint and to compensate Airsoko for any loss suffered. Airsoko reserves the right to remove any such Content immediately.
By uploading images to Airsoko Marketplace, you agree that Airsoko Marketplace has the right to use your images to promote Airsoko Marketplace.
Re-Posting Content: By posting Content on Airsoko Marketplace, it is possible for an outside website or a third party to re-post that Content. You agree to hold Airsoko harmless for any dispute concerning this use. If you choose to display your own Airsoko-hosted image on another website, the image must provide a link back to its listing page on Airsoko Marketplace.
Idea Submissions: Airsoko Marketplace considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by sellers via the Site or otherwise to be non-confidential and non-proprietary, and Airsoko shall not be liable for the disclosure or use of such material.
If, at Airsoko’s request, any member sends material to improve the site (for example, to customer support), Airsoko Marketplace will also consider that material to be non-confidential and non-proprietary, and Airsoko will not be liable for the use or disclosure of the material. Any communication by you to Airsoko is subject to this Agreement.
8. Indemnification
The Seller warrants that everything it provides to Airsoko to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Airsoko, its employees, and associates harmless from any and all claims brought in the performance of the Services.
Indemnifying Customers:
Airsoko expects that all products shipped to customers match the description stated on the site and must be shipped in working condition. If a valid complaint is made by a buyer on hi-tech products or any product listed on the merchant’s page within 21 days of purchase, Airsoko reserves the right to hold on to the revenue for those items or deduct the value from the Seller’s account pending resolution. Failure to comply with this term may lead to the termination of the store on Airsoko Marketplace.
9. Terms & Conditions
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of obligations under this Agreement by the other Party.
Airsoko has the right to evict the Seller from the platform if any of the following breaches, or a combination thereof, are committed:
- Fails to make a product ordered on Airsoko Marketplace available for delivery within three (3) business days after it was supposed to be available for delivery;
- Provides fake, inferior, or substandard products that have been sold as genuine;
- Provides used, refurbished, or damaged products that have been sold as new or unused;
- Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the Kenyan Bureau of Standards, Pharmacy and Poisons Board, etc.);
- Fails to meet the Quality Of Service Standards (QOS) as defined in the Seller Admin ratings system (details available on request);
- Engages in any activity that would be considered illegal under Kenyan law or engages in any activity that could be considered fraudulent or misleading;
- Engages in any activity that brings Airsoko, or any of Airsoko’s partners or other marketplace vendors, into disrepute.
Airsoko reserves the right to alter these QOS rules at any time, and in the event of any changes, Airsoko will inform the Seller by publishing the same on Airsoko’s website. Airsoko will send a formal warning to the Seller after each incident.
10. Policy on Counterfeit, Refurbished, and Unauthorized Products on Airsoko Marketplace
Airsoko is committed to delivering stellar services to its customers at all times, and we strive to ensure that all products sold via the Airsoko Marketplace and shipped to our buyers are held to the same high-quality standards. Airsoko Marketplace has zero tolerance for counterfeit products. Therefore, any store that sells unoriginal, fake/replica, refurbished, or unauthorized items on Airsoko will be automatically suspended, and the authenticity of the products will be investigated. If the merchant is proven to have sold these items, the store will be permanently prohibited from selling on Airsoko Marketplace. This policy excludes official replica items produced and sold by authorized brands and organizations.
11. Force Majeure
The Parties agree that there shall be no liability for any inability to carry out any obligations under this Agreement if such inability is attributable to an event of force majeure, including but not limited to systems downtime, server failure, civil commotion, strikes or lockouts, war, flood, insurrection, and other acts of God. PROVIDED, however, that where an event of force majeure persists for more than One (1) month, the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya in force from time to time, and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts within Kenya.
