Hereinafter referred to as “The Boutique owner”
1.1. Aetas – means Weprich investments T/A Aetas
1.2. Applicant/client – means the final consumer of The Boutique owner products and services.
1.3. Parties – The Boutique owner and Aetas.
1.4. Website (ABiB) – means the website designed and hosted by Aetas on behalf of The Boutique owner.
2.1. Aetas is a supplier of clothing apparel and other services to third parties, which services include the processing of online clothing sales, the design and hosting of an e commerce boutique website for The Boutique owner as per Aetas templates.
2.2. The Boutique owner is a retailer and marketing agent of Aetas clothing apparel and services.
3. Commencement and Duration
3.1. Notwithstanding the date of signature of this agreement the agreement shall be deemed to have commenced on the date recorded as the date of signature of this agreement and which is hereinafter referred to as “the Commencement Date”.
3.2. The parties wish to record their agreement in writing. The Boutique and website is the property of the Boutique owner. In the event that the Boutique owner sells the Boutique, the new owner must sign a new contract with Aetas.
4. Obligations of The Boutique owner
The Boutique owner shall:
4.1. Promote and sell the range of Aetas clothing and services that is available on The Boutique owner’s ABiB website.
4.2. Report immediately to Aetas should one or more functionalities on the ABiB website be non responsive 4.3. Pay Aetas a once of setup fee of R5000 (the setup fee includes the first month’s administrative fee, logo, training and R8000 worth of shopping vouchers)
4.4. There is no monthly fee that the Boutique owner must pay.
4.5. The Boutique owner will invoice Aetas no later than 12:00 on a Thursday for payment on the Friday
5.1. If fraud is committed by The Boutique owner, any of its employees, members, representatives in relation to the services offered or Aetas has reasonable grounds to suspect that fraud has been committed, then Aetas may:
5.1.1. Immediately terminate this Agreement.
5.1.2. Request access to the detailed records and accounts relating to the financial services. Such records must immediately be open for inspection by Aetas
5.2. The Boutique owner indemnifies Aetas against any fraud committed by The Boutique owner or any of its employees, members or representatives.
6. Obligations of Aetas
6.1. Comply with all requirements of the National Consumer Act where applicable and maintain all other certifications, qualifications and registrations necessary to provide the service contemplated in this
agreement, both in its corporate capacity and in respect of all of Aetas employees.
6.2. Supply The Boutique owner with purchase invoices on all products sold via The Boutique owner’s website.
6.3. Take all reasonable steps to ensure that phones are answered promptly between the hours of 8am and 4:30 pm, Monday to Friday.
6.4. Employ at least one dedicated staff member to assist The Boutique owner with deliveries and liaising with clients. To ensure that such staff member is adequately trained in all aspects of The Boutique owner’s sales transaction and business processes.
6.5. Facilitate credit checks on each credit application forwarded by The Boutique owner or received directly from the applicant and consult directly with the applicant with regards to his/her personal financial details. This is only applicable if and when Aetas offers clients credit facilities to purchase products from The Boutique owner’s website.
6.6. Ensure that complete applications are processed with the relevant financial institution within 48 hours of receipt thereof by Aetas
6.7. Aetas will inform the applicant and The Boutique owner on whether or not the credit application has been successful as well as maintain all necessary contact with the applicant or The Boutique owner’s consultant during the application process.
6.8. Aetas will manage all stock, designers and shipping of the merchandise.
6.9. Provide detailed reports to The Boutique owner by the 7th day of each month regarding the previous month’s activities. Such reports to include but not be limited to the following information:
6.9.1. Number of successful transactions processed in that month and cumulatively since the Commencement Date of the contract.
6.10. Value of transactions that was processed from The Boutique owner’s website
6.11 The Boutique owner will receive 50% of all profits derived from sales on products supplied by Aetas. The Boutique owner will receive 100% of all profits derived from sales on products that the Boutique owner sourced. Delivery fees will be excluded from the calculation.
6.11.A. In the event of the client using a discount voucher, Aetas will deduct half (50%) of the discount voucher’s rand value from the profit to be paid to The Boutique owner.
6.12 Aetas will pay The Boutique owner a further 70% of all income derived from paid advertisements on or from The Boutique owner’s website.
6.13 Aetas will pay profits over to The Boutique owner on every Friday on all transactions completed in the previous week.
6.14 A week will mean business deals concluded from Monday to Friday. 6.15 Aetas will create and supply a marketing website to the Boutique owner free of charge. The Boutique owner may utilize the marketing website to sell online Boutiques to interested parties. 6.16. Aetas will pay the Boutique owner R500 (five hundred rand) once off and a negotiated percentage of the Boutiques that was sold monthly profit.
7. Early Termination
7.1. If either party commits a material breach of the obligations imposed upon it by this agreement and remains in default for a period of fourteen days after being called upon to remedy that default, the other party shall have the right to terminate this agreement by giving written notice of termination to the party in default.
8.1. All information relating to the financial services that The Boutique owner, its employees, members, agents, distributors and representatives may obtain access to will at all times remain strictly confidential and may not be disclosed to any unauthorized person or in any way be used for inducing or attempting to induce any client to take existing business away from Aetas.
8.2. The Boutique owner agrees, throughout the duration of this Agreement and after its termination, not to disclose any confidential information concerning the services offered by Aetas, to anyone without the prior written consent of Aetas.
8.3. The Boutique owner may after obtaining written consent from Aetas advertise and sell other clothing lines and or products on his/her ABiB website.
8.4 If The Boutique owner cancels this agreement for whatever reason the website supplied by Aetas, including the database will become the sole property of Aetas
8.5 The Boutique owner also agrees not to duplicate, replicate or copy Aetas work functions or business models. The Boutique owner further agrees that in duplicating any Aetas business models could result in Aetas suffering monetary or any other losses that The Boutique owner will be liable for.
9.1. Each of the parties chooses domicilium citandi et executandi for all purposes arising from or in connection with this agreement as follows:
Aetas Unit B & C, 10 Palmgate, Southgate Business Park, Amanzimtoti, 4126
Postnet Suite 95,
Private Bag X20015, Amamzimtoti, 4125
Facsimile: 086 544 3321
The Boutique owner:
9.2. Each party will be entitled from time to time by written notice to the other party to change any of its domicilium addresses to any other address within the Republic of South Africa, provided that one of the addresses shall always be a street address.
10.1. This agreement contains the entire understanding of the parties as to its subject matter. Neither party shall be bound by any condition, warranty,
representation nor undertaking of any kind, whether express or implied, except as set forth in this agreement.
10.2 No purported amendment or modification of this agreement shall be valid unless in writing and signed by both parties.
10.3 The failure of either party at any time to require performance of any provision of this agreement shall not affect the right of such party to require performance of that provision or of any other provision in the future. No waiver by either party with respect to a breach of any provision of this agreement shall be construed as a waiver with respect to any continuing or subsequent breach of that provision, or as a waiver of any other right under this agreement.
11. Dispute Resolution
Any disputes arising from or in connection with this agreement shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa by a single arbitrator appointed by the Foundation.
The provisions of this clause shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.