Serveetcons Ltd and Agent Agreement

Serveetcons Standard Agent Agreement


1.0 Introduction

Serveetcons (We, Our, us, Serveetcons.com, Serveetcons Ltd) is a company whose core purpose is to contribute to growth in the culture of service delivery excellence in our communities. Our core  objective is to use The Serveetcons Portal  (www.serveetcons.com) as a tool to  enable end users to submit requests and booking for Services (e.g., plumbing, electrical, roofing, carpentry, gardening, cleaning, fumigation, laundry, etc.) The requested service will be thrown open to pre-selected experienced qualified Agents who are registered on the Portal to submit quotations.

Each service will be rendered on behalf of Serveetcons by the Agent that submits a winning proposal. The winning proposal may not necessarily be the lowest bidder, but the most feasible proposal.

The requested services will be provided by Serveetcons through experienced and trusted agents.

The end users will deal directly with and pay to Serveetcons for the services.

Payment for services will be made upfront by the end user and held in an escrow account to be allocated and released to the Service provider only upon acceptance and confirmation of work completion by the end user.

The Agent hereby affirms and confirms that he or she is adequately experienced and qualified to provide excellent service in the cadre upon which the service is needed, and the Agent has been selected and registered by Serveetcons as an agent.

The Agent shall be paid based on his or her quotation for cost, time, and resources for each service that the Agent delivers successfully.

The Agent hereby affirms to deliver excellent results and services exactly as specified in the scope of work of each awarded job.

1.1 The Serveetcons Portal (www.serveetcons.com)

The Portal is a tool and technology that enables:

          I.            End users to make requests and place orders for services.

        II.            The Agent to submit quotations for services that are within their sphere of competencies and experience.

      III.            The Parties to track status and progress of work from start to completion.

 

1.2 Benefits

The end user will enjoy the benefits as listed below:

        I.            Ability to submit service request that will be read by many qualified Agents within the vicinity of the work location.

      II.             To have their services delivered by only qualified and trusted agents.

    III.            Ability to pass on the risk of dealing directly with Agents that may be strangers, untrusted, and unreliable to Serveetcons.

    IV.            Assurance that the Agent will deliver on their requested services as expected.

      V.            Experienced trusted reliable Agents that have a track record delivering their services.

 

The Agents will enjoy the benefits

The agents who are registered on the Platform will enjoy the benefits:

1.      Of working under the umbrella of a reputable corporate organization as agents,

2.      Having occasional managerial support, training, and insurance coverage to be delivered by consultants, experts, and other companies for reasonable group fees.

3.      Opportunity to network with others in a manner that will enhance ability to deliver results.

In consideration of the above, the IT IS HEREBY AGREED AS FOLLOWS:

2.0 Agreement

In consideration of the mutual covenants set forth in this Agreement, Serveetcons and the Agent (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:

2.1 Services

Serveetcons will engage in direct provision of Services to end users using experienced, qualified, service providers such as the undersigned Party as an Agent. 

The Agent shall deliver the particular service that he or she is qualified and experienced and registered to provide to end users based on the scope of work as requested by the end user.

3.0 Parties Obligation

3.1 Serveetcons Obligations

It is a core Serveetcons’ obligation to provide, operate, maintain an up to date functional web and app platform to enable meeting the Serveetcons mission or core purpose, which is to contribute to enhancing trust and engendering service delivery excellence in Nigeria.

Also, Serveetcons shall provide the following:

(i)                  Facilitation and management support

(ii)                Dispute resolution between Agents and End Users, where applicable.

(iii)              To ensure that value is maximized, we will pursue a program of continuous improvement of service delivery by our registered agents through training, coaching, facilitation, and continuous assessment program, which will include review of service delivery and agent’s performance by end user.

(iv)              Timely release of Agent’s money once job completion has been confirmed accepted by the user and within the agreed timeframe. Typically payments will be released once every week for all applicable completed jobs.

(v)                Training, coaching, mentoring, insurance, group HMO programme, and related extra facilities shall be implemented through other parties, who are experts for discounted group fees.

3.2 Agent’s Obligation

i. Serveetcons has the right to register, unregister, rate, promote, demote, de-categorize, suspend, blacklist any party,  individual, service provider, agent, visitor, or end user using The Portal for reasons related to security, lack of performance, lack of integrity, lack of accountability, poor quality, poor performance on agreed services, disrespect of customers end users.

ii. Agent shall perform all awarded services to the highest expected standard as per scope of services requested by end user and quoted for by Agent. Only upon work completion by Agent and acceptance and confirmation of work completion shall payment for the Agent be released. Agent hereby accepts that all work defects shall be corrected without delay at no additional cost to either the end user or Serveetcons.

iii. In case where there is a warrantee for a service, the service shall perform to the expected level of functionality and excellence. Where this condition is not met, the Agent shall comply and deliver or restore the service to the right level of functionality and excellence.

iv. The Agent shall provide two credible and qualified guarantors, prior to enlistment on the Portal and job allocation. One of the two guarantors shall be a responsible relative and the second shall be any other person that may not necessarily be a relative of the Agent. Both guarantors shall be employees of a corporate organization of adequate seniority and in a managerial cadre or role equivalent of a minimum of grade level 8 public servant.

v. The Agent warrants that he or she shall not be involved or engage in theft or damage of equipment or property belonging to the end user or a third party during any work assignment at an end user’s location. The agent also agrees that in case there is any case of damage or theft, the Agent shall be suspended, delisted, or dismissed from participation in further job quotation on the Portal until repair or repayment of the damage. Also, the Agent shall be fully responsible for payment of any associated cost of the theft or damage. The agent also agrees that his or her rating will be adversely affected and in a worse case may be liable dismissal and or litigation. In some cases, the Agent may be required to opt for group insurance enrollment as a way of managing third party and professional risk while on the serveetcons job.

The Agent warrants that true and accurate quotation shall be submitted always based on the scope of service submitted by the end user.

viThe Agent confirms that there is no past, current, and there will be no future criminal record associated to him or her. In case any of the above is the case, Serveetcons reserves the right to suspend, dismiss, or terminate the Agent’s participation in future jobs under Serveetcons, until such an issue has been properly cleared with and by the appropriate authorities.

vii. The Agent accepts and warrants that it is against the Serveetcons ethics and violation of contractual terms to engage in any dealings, commercial discussions, negotiations, payment, or cash collection or receipt from any end user pertaining to the service or any past, current, or future related or unrelated job with the end user. The Agent accepts that in case any such event happens, the Agent’s registration shall be suspended or terminated forthwith until properly investigated. Reinstatement of the Agent thereafter shall be at Serveetcons discretion.

viiiIt is part of the Agent’s obligation to clean up the work site during and after all services. The work site shall be kept clean at not worse than the condition it was before start of the work. Any complaint concerning an Agent not properly cleaning up after his or her work shall be unacceptable and may lead to poor rating and suspension of registration and participation for further works through the Portal. 

ix. It is the Agent’s responsibility to report all incidents, disputes, and near miss situations to Serveetcons. The Agent hereby agrees that it is unacceptable to conceal, hide, withhold, or impartially report any event that may affect Serveetcons’ reputation adversely. The Agents consents that disputes, incidents, near misses are opportunities to learn and improve the Serveetcons way of work. Reporting all such events therefore are obligations that shall be taken seriously. Failure to report as appropriate may lead to suspension, dismissal, or termination of registration and participation.

x. The Agents shall not confront or display undue aggressive behavior towards the end user or any third party at the work site during the work. Although the Agent is an independent entity, the Agent hereby confirms understanding of his/her role as a Serveetcons’ ambassador. The agent shall therefore not engage in any action or activity that may affect the reputation of Serveetcons adversely.

xi. The Agent hereby confirms his/her understanding that each party is independent and responsible to meet own Tax and personal insurance obligations. Serveetcons will not collect, pay, or report taxes or pay for insurance requirements or obligations on behalf of the Agents. The Agent shall therefore endeavor to meet its regulatory, fiscal, business, and organizational responsibilities wholesome. 

x. The Agent shall endeavor to execute all assigned services. It is not acceptable for the Agent to fail to report to a work site and to execute the needed service from start to finish as per the scope of work and within agreed time.

xi. If the Agent is unavailable to execute a service that had been assigned through the Portal, the Agent must as a necessity notify and report to Serveetcons appropriately with relevant verifiable reasons minimum four hours to the service planned start time.

xii. The Agent hereby accepts that his/her registration may be suspended or terminated as a result of failure to report to a work site on time to complete the work as scoped and quoted for at Serveetcons sole discretion.

xiii. The Agent hereby confirms his/her understanding that there is  zero tolerance for Job Cancellation and Rejection after assignment. Effort must be made by the Agent to ensure adequate capability and experience and to quote for only jobs that they have adequate capacity to execute. Unacceptable level of job cancellation and rejection rate after assignment, which may potentially lead to administrative challenges that cost more time, money, and adverse reputation to Serveetcons may warrant or lead to suspension or termination of an Agent’s registration.

xiv. The Agent hereby confirms that the information declared and submitted to Serveetcons always shall be true, full and complete in its entirety. Failure to declare complete, full, and truthful information always may lead to immediate termination of the contract, registration, and participation in all works.

xv. The Agent hereby accepts that quoting for jobs they lack adequate experience, competencies, capability, and or capacity is not acceptable and shall lead to immediate suspension or termination of their registration as this will lead to time wasting due to job cancellation and rejection of delivered service by the agent or rejection by the end user thus eroding reputation of Serveetcons and trust and confidence of the end user, which will affect business opportunities.

xvi. The Agent agrees that he or she shall not quote for a job that is too far (that requires more than two hours travel time from base to job location) from where the Agent lives or his or her workshop, office, or base

xvii. The agent hereby understands that quoting for jobs that are too far located from their base is not acceptable as this may lead to tardiness and cutting corners. Indulging in this may lead to job cancellation or reassignment, which has time and cost implications.

xviii. The Agent shall provide for him or herself basic work tools such as functional smart phones, or tablets, or computers with internet access and data at own cost to enable use of the Serveetcons app. From time to time Serveetcons may facilitate provision of such tools through suppliers at reasonable Group prices.

3.3 The End User’s obligation

i. The end user shall provide at own cost smart phone, or tablet, or computer with internet access and data coverage that will enable access to the Serveetcons app or web Platform.

ii. As part of the process of service request, the end-user shall endeavor to submit an accurate description of the scope of work of the desired service.

ii. The end user shall make payment of the invoiced amount of the primary invoice at least five hours ahead of when they want the service kick off and supplementary invoice immediately it is confirmed that there is a valid variation in scope of work due to inaccurate scope description or any other reasons thereof, if applicable, using valid payment instrument. Payment shall largely be made on the Serveetcons platform, either via the mobile app, mobile web, or web using a computer or through online transfer facility.

Iii. The user shall endeavor to be available or make appropriate arrangement of a responsible person with adequate authority to:

a)                  Welcome the Agent to the work site

b)                  Confirm the Agent’s onsite assessment and confirmation of the scope and/or variation of scope of work of the desired service.

c)                  Confirm and accept completion of work and review of the Agent and service generally.

iv. The End User accepts and warrants that it is against the Serveetcons ethics and violation of Terms and Conditions of Service to engage in any dealings, commercial discussions, negotiations, cash payment directly to the Agent in connection to the service or any past, current, or future related or unrelated job with the Agent. The End User accepts that in case any such event happens, the Agent’s registration shall be suspended or terminated forthwith. The End User needs to be aware that indulging in such act may hinder the ability of Serveetcons to sustain effort to create trust and accountability in the Service Industry in Nigeria.

v. The End User shall not confront or display undue aggressive behavior towards the Agent during the work. The end user shall ensure that the Agent’s fundamental rights are also respected during the work and at the work site.

vi. It is the End User’s responsibility to report all incidents, disputes, and near miss situations to Serveetcons. The End User hereby agrees that it is unacceptable practice to conceal, hide, withhold, or impartially report any event that may affect Serveetcons’ reputation adversely. The End User consents that disputes, incidents, near misses are opportunities to learn and improve the Serveetcons way of work.  Reporting all such events therefore will be relevant contributions to the Serveetcons core purpose of enhancing trust and engendering service delivery excellence in Nigeria.

4.0 Compensation or Payment for Agents

The Agents will be paid based on their Quote for all quoted, completed, and accepted service delivery. Each Agent’s payment will be released, only upon job completion and acceptance by the end user, on a weekly basis within 48 hours of receipt of payment from the payment collector. The exact day of the week for payment disbursement by Serveetcons to Agents for completed and accepted jobs will be communicated to Agents on a going basis.

5.0 General Terms

If a court with authority over this Agreement finds any part of it not enforceable, we (you and us) agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we (you and us) agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law this Agreement is binding.

If we do not act to enforce a breach of any part of this Agreement, that does not mean that Serveetcons has waived its right to enforce this Agreement.

You may not assign or transfer this Agreement (or your membership or use of our Portal) to anyone without our consent and written permission or approval. However, you agree that Serveetcons may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and you agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using The Portal and there shall be no claims for direct, indirect, or consequential losses.

Any disagreement under this Agreement shall be mutually settled by the Parties. Where settlement is not possible, arbitration shall be the next step in accordance to the Arbitration and Conciliation Act (Chapter A18, Laws of the Federation of Nigeria 2004.) In Lagos, the Lagos State Arbitration Law 2009 will apply. Where arbitration fails, the Parties may resort to the Law Court with appropriate jurisdiction. The governing law for this Agreement shall be the laws of Federal Government of Nigeria.

 

This Agreement shall be renewed every two years. Serveetcons reserves the right to terminate or cancel the registration of a no- performing Agent. Serveetcons shall reserve the right to define the criteria for deciding whether an Agent is performing or otherwise. Such criteria shall be communicated to the Agent from time to time as defined by this Agreement, the Terms and Conditions of Use, and other Serveetcons Policies and Operation Guide Documents which will be posted on the Serveetcons Portal as well as communicated to the Agents from time to time.

 

You agree that the only way to provide us legal notice is at the registered address of Serveetcons Limited.

6.0 Your Concerns

If you require any further information on permitted use, or a license to republish any material, email us at info@serveetcons.com or call 08078866555; 08172757920.

7.0 How to Contact Us

You may wish to contact us by email at info@serveetcons.comor call 08078866555 and 08172757920.

D30, Ocean Garden Estate

Eko Akete, Lekki-Epe Express Way

Lagos, Nigeria.

 

 

8.0 Signatures:

 

 

Signed for Serveetcons

Signed for Agent

 

Signature: 

 

Name:

 

 

Position:

 

 

Date: 

 

Signature: 

 

Name:

 

 

Position:

 

 

Date: