TERMS AND CONDITIONS
This Agreement is made effective between 1Clicklaundry, with principal place of business at Al Sadd, Doha and Laundry. The Company and Laundry are collectively referred to as the "Parties."
WHEREAS, the Company is engaged in the business of online ordering services whereby, the general public may order services from a variety of service providers for pickup or delivery, WHEREAS, the Laundry desires to enlist its laundry services with the Company and to engage Company as a laundry ordering service provider for the Laundry, and WHEREAS, Company desires to include the Laundry in the online Laundry ordering services and to offer for sale laundry services.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual agreements herein contained, and for other good and valuable consideration, adequacy of which is hereby acknowledged, the Parties agree as follows:
This Agreement shall be binding for a period of 2 Years from the effective date of registration.
2. Services to be Performed by Company
Company will receive and record laundry orders from customers Twenty-four (24) hours a day and seven (7) days per week through their mobile application ordering system. Pickup and Delivery orders will be available during regular business hours of the Laundry.
3. Services to be Performed by Laundry
- Upon receipt of an order from a customer for Laundry from the Service List, Laundry shall receive notifications. The order shall include the address of the place where ordered Laundry is to be delivered. The Laundry shall accept orders for Laundry and performing services in accordance with such order. The Laundry shall be packed by the Laundry in delivery bags with stickers typically used by the Laundry for orders and delivered to the Customer at a time set forth.
- The Laundry shall use marketing material such as A4 & A5 Stickers.
- The Company will charge 20% of every order placed. The percentage charged will include promotions for the Laundry.
- Credit Card Transaction Fee: The Laundry will pay any credit card transaction charges/fees that the Company may incur in performance of the service
5. Statement and Payments
- On a monthly basis Company shall deliver a statement of all sales made by the Laundry within the online Laundry ordering services together with a check for all Monthly Laundry sales.
- All payments and statements shall be treated as due and payable within 10 business days after the end of each Reporting Period. Modification of Service List
Any changes to the Service List or the prices of the Laundry on the Service List shall not be binding on Company until 14 days after receipt of such Service List or price changes from the Laundry to Company. Company is expressly prohibited from modifying, revising or otherwise amending the Service List without prior written consent from the Laundry.
6. Valid License and Liability Insurance
- Laundry agrees that it shall require each of its delivery persons to hold a valid driver’s license required under the laws of the state in which Laundry is located. Furthermore, Laundry agrees that at all times during this Agreement, none of its delivery persons shall have (i) no more than two moving violations in a thirty-six (36) month period and only one at fault accident, and (ii) no major traffic citations or incidents. For the purpose of this Agreement, “major traffic citations or incidents” are as follows: driving under the influence, driving while impaired, driving in possession of alcohol or drugs, refusal to submit to a blood, urine or breath test, driving with a suspended or revoked license, a felony in which a vehicle is used (i.e. vehicular manslaughter, vehicular homicide, vehicular assault, hit and run, eluding a peace officer), reckless driving, careless driving, and driving over 100 miles per hour, in a speed contest and/or racing
- If Laundry considers delivery persons as their employees (as distinguished from independent contractors), then Laundry shall carry commercial general liability, automobile liability, umbrella liability and worker’s compensation coverage. Upon request from the Company, Laundry shall provide a certificate of insurance reflecting such coverage.
7. Independent Contractor
The relationship of Company to the Laundry shall be that of an independent contractor and is solely for the purposes and to the extent set forth in this Agreement. Company is not a partner, a joint venture, nor a member of a joint enterprise with the Laundry. Company shall have no authority, expressed or implied, to act as an agent of the Laundry.
- Company shall not, other than in the proper performance of Company's duties, use, publish or otherwise disclose to any person any information relating to the Laundry’s affairs and the specificities of this brief.
- Company and its employees shall not, during the time of rendering services to the Laundry and the Laundry's Client or thereafter, disclose to anyone other than authorized employees of the Laundry (or persons designated by such duly authorized employees of the Laundry) or use for the benefit of Contractor and its employees or for any entity other than the Laundry, any information of a confidential nature, including but not limited to, information relating to: any such materials or intellectual property; any of the Laundry projects or programs; the technical, commercial or any other affairs of the Laundry; or, any confidential information which the Laundry has received from a third party
Company agrees to indemnify and hold the Laundry harmless from and against all losses, damages, liabilities, and claims arising or resulting from the use by the public of the Company’s services, any injury to person or damage to property caused by the negligence or misconduct of Company, its employees, agents, or independent contractors, arising or resulting from the handling the Laundry orders. Laundry agrees to indemnify and hold harmless Company against any losses, claims, damages, liabilities or expenses (including the reasonable cost of investigating and defending any claims therefore and counsel fees incurred in connection therewith), joint or several, suffered or incurred by Company by reason of any injury to person or damage to property caused by the negligence or misconduct of the Laundry arising or resulting from the preparation or delivery of the Laundry by the Laundry.
10. Duties and Obligations
- Company shall be responsible for handling and responding to any and all customer requests and complaints. Company shall further be responsible for making restitution to customers for any errors in orders, problems in laundry preparation, incorrect orders arising from Company’s failure to properly transmit an order, or problems in the delivery of a customer order. The Laundry shall reimburse Company for all restitution paid to customers, provided that such restitution was reasonably necessary due to the negligence of the Laundry in the preparation or delivery of a customer order. At the Laundry’s request, Company shall provide a summary of any such matters. If the order is for pickup, at the Company’s request, the Laundry shall provide a summary of any such matters.
- During the term of this Agreement, Company shall advertise and promote its Services by distributing and delivering pickup Service List on the mobile app which includes the Service List. During the term of this Agreement, in any literature or documentation distributed by Company to prospective customers Company shall only use the Laundry trademarks and the Service List. Company further agrees that no literature containing any of the Laundry trademark or any Service List will be distributed by Company until such literature has been submitted to the Laundry for review and approval, which approval must be in writing and may be granted or withheld at the sole and absolute discretion of the Laundry. Furthermore, all advertising and promotional material containing any of the Laundry trademarks or Service List shall disclose the fact that Company is not a partner or joint venture of the Laundry
11. Rights of the Company
The Company reserves the right to sell its contract with the Laundry to other service providers. In the event the Company decides to transfer its mobile application to another provider, the current contract will also be transferred. Upon such transfer, the contract shall continue to be valid and enforceable between the new service provider and Laundry unless otherwise provided in a subsequent Contract or Agreement.
12. Term & Termination
This Agreement shall be effective from the Effective Date and shall continue to be in full force and effect unless terminated (a) by mutual consent of both parties; or (b) upon the insolvency, cessation of business operations, or bankruptcy of either party.
Notwithstanding anything in this clause to the contrary, this Agreement may be terminated upon 60 days' written notice by either party to the other, with cause having been shown.
13. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by all parties hereto.
Each party agrees to provide to the other party written notice in the event of a change of address or change in ownership. All notices given pursuant to this Agreement shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to their respective address.
15. Time is of the Essence
Time is of the essence with respect to each provision of this Agreement. Failure on the part of any party hereto to complain of any act or failure to act, of the other party, or to declare the other party in default hereunder, regardless of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder.
16. Attorney's Fees
If any legal action is necessary or if a lawyer is retained to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees in addition to any other relief to which that Party may be entitled.
This Agreement may be amended by the Parties only by a written agreement.
18. Prior Agreements Superseded
This Agreement shall supersede and replace any and all prior agreements entered into or otherwise agreed to between the parties
19. Applicable Law
This Agreement shall be governed by the laws of Qatar without reference to conflict of laws principles. All disputes arising from these Terms will be subject to and resolved by the exclusive jurisdiction of the courts of Qatar.