Advertising/Listing Services
The Vendor agrees to submit to Waridi through thie vendor registration page, advertising/listing materials (“Materials”) which shall meet Waridi’s Listing Specifications. Waridi agrees to provide the Advertising/Listing Services (“Services”) as per the requested formats.
The Vendor may periodically make changes to its Materials which Waridi must approve. Waridi will not charge a fee for making these changes to the Advertisements/Listings on the Website .
Services to be provided
Waridi will use its reasonable efforts to make its Website available for display through the World Wide Web. Waridi is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond its control or which are a normal part of the Internet business.
Compensation
In consideration of its packages, the Vendor agrees to pay the package fees set forth on the Waridikenya.com Product Bouquet. Package fees will be paid in advance, on or before the first day of the first month of the term of the package. Waridi reserves the right to suspend Services until the Vendor’s account is brought current and has further right to terminate its Services if any package fee is delinquent, where fees remain unpaid for a period exceeding7 days.
The fees schedule do include taxes. In the event that any local taxes are imposed on the creation and sale of Services, such taxes shall be required to be paid by the Vendor.
Waridi may revise its fee schedule at any time by giving 30 days written notice to the Vendor. The Vendor shall be deemed to have accepted the revised rates if a written objection is not received within14 days of the notice.
The acceptable forms of payment from the Vendor are:
- Cash made payable to Waridi Limited on submitting filling the vendor registration form or
- Cheque, made payable to Waridi Limited on submitting this Order Form.
The Services will be activated on the Website only upon the receipt of the funds.
Idemnification
The Vendor will indemnify and hold Waridi harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that the Vendor has made to Waridi and otherwise arising directly or indirectly from the placement of its Materials on Website.
Force Majeure
Waridi will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, system transmission failure, server failure, strike, lockout, or any other situation which is beyond its control.
The Vendor may terminate this Agreement, with or without cause, by giving 30 days advance notice of its intent to terminate. Waridi reserves the right to terminate this Agreement for any reason, with or without cause, upon30 days written notice to Vendor
Entire Agreement
This Order Form constitutes the entire agreement and understanding between Waridi and the Vendor with respect to the subject matter hereof. It supersedes and replaces all previous discussions, negotiations, and understandings between the parties. This agreement may only be amended by a written amendment signed by authorized representatives of Waridi and the Vendor.
Assignment
The Vendor is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties arises relative to this agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs.
Governing Law
This agreement shall be interpreted under the laws of Kenya. Any and all legal actions relative hereto shall be in the courts of Kenya.
Waridi Limited ("Waridi"), is a corporation organized and existing under the laws of Kenya which provides Advertising/Listing services through its website, WaridiKenya.com.
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