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