To disburse vouchers to the Users based on the Order placed by the Employer and accordance with this Contract.To organize and provide the services required to use the Vouchers.The Issuer doesn’t accept cash in any form whatsoever.
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The vouchers shall not be delivered before the full payment of the invoice transmitted by the Issuer to the Employer for the concerned Order has been settled and funds have been cleared at the Issuer’s bank account via bank transfer, cheque or M-Pesa. The price index will be based on the official inflation rate, published by Kenyan authorities. The price will be indexed or adjusted on a yearly basis, after negotiation and mutual agreement by the parties on the anniversary of the signature date of this Contract.The prices for services are in Kenya Shillings (and if a percent, will be converted to Kenya Shillings), and shall be invoiced pursuant to an Order placed by the Employer. The service fee does not include VAT or applicable taxes and will be borne by the Client. The price of the Voucher, and related services is set out in Clause 21.3.The Employer undertakes to pay to the Issuer the nominal value of the vouchers, the service fee for contracted services, as well as the related VAT on the Service Charge.This Contract may be terminated with a 1-month notice period, unless terminated by the Parties in accordance with clause 10.This Contract shall enter into force on the date it is signed (physically or digitally) by both Parties.The value of what is loaded into Voucher shall be established by Orders placed by the Employer on the Issuer’s Portal.The Employer hereby appoints the Issuer to provide the Vouchers and the Issuer agrees to issue the same for the Users in accordance with the terms and conditions of this Contract.It shall perform their obligations under this Contract in strict compliance with its provisions, and the Law.
It shall place Orders in accordance with the provisions of this Contract.It is a person(s) duly registered in Kenya.
The Employer represents and acknowledges that: VAT means value added tax under the Kenyan Value Added Tax Act (as amended from time to time). User means individual person who the Employer has sent Apptivate Africa M-Kula/M-Tuza/Business Pass/M-kapu Voucher(s) and / or value. Unit means the Merchant’s unit(s) that market(s) the Products for which M-Kula/M-Tuza/Business Pass/M-Kapu value can be redeemed against and in the list posted on the Apptivate Africa app Parties means the Employer and the Issuer and Party shall mean either one of them. Order means the data submitted by the Employer on the Issuer’s portal whereby the number and value of Vouchers to be issued by the Issuer is established Merchant means the entity (es) authorized by the Issuer to provide Products or services to the Users in exchange for the Voucher The usage of the Voucher is governed by the User Terms & Conditions of Use. Voucher means digital M-Kula/M-Tuza/Business Pass/M-Kapu or any other Voucher issued by the Issuer under this Contract, commercialized under the brand names owned by the Issuer, and valid up to six months from the date of their issuance. Law means all applicable legislation, statutes, directives, regulations, rules, judgements, decisions, decrees, orders, instruments, by-laws and other legislative measures or decisions having the force of law in Kenya from time to time For the purpose of this Contract, the terms used hereinafter shall have the following meanings:Ĭontract means this contract signed by both parties Įmployer means the entity which, complying with this Contract, is entitled to place an order with the Issuer to issue the Apptivate Africa M-Kula/M-Tuza/Business Pass/M-Kapu Vouchers for use by the Users įorce Majeure means a force majeure event under clause 11.
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