It is agreed as follow:
1.Territory and Products
1.1 Boneza Funeral Service appoints the Agent on a non-exclusive basis, who accepts to promote the sale of the products of Boneza Funeral Serviceand carry out activities in respect of the product set out in the agreement on the terms and conditions of Boneza Funeral Service.
1.2 The agent will provide services as an independent contractor not employed by Boneza Funeral Service.
2.General Stipulation
2.1 No agent in the case of Boneza Funeral Service applications will be registered if the application form is incomplete.Such applications will be placed on hold pending the receipt of required information for the issue o f a Boneza Funeral Service agent. No commission will be paid before all the agent’s information are received.
2.2 Registration of Prospective Agents will only take place provided the following requirements and conditions are met: -cellphone, email address, Skype account.
3.Good faith and fair dealing
3.1 In carrying out their obligations under this agreement, the agent will act in accordance with good faith and fair dealing.
4.Agent's functions
4.1 The Agent shall:
4.1.1 ensure that they and their sub-agents who market the Products –-do so actively, diligently and extensively; -have proper knowledge and understanding of the Products -ensure that all agents and sub-agents are aware of the Rules set up by Boneza Funeral Service-ensure full and proper completion and signature of all application forms for the Products -comply strictly with all standards, policies, procedures and instructions issued by Boneza Funeral Service in respect of the Products -keep full documentation, including the signed mandate and contract of the client. -assist with any client issues. -assist in resolving any debtor issues in respect of suspensions due to non-payment; -remain responsible to advise Boneza Funeral Service of any new agent, and will advise of changes in membership.
4.2 When negotiating with clients, the Agent shall offer Products strictly in accordance with the terms and conditions of the offers of the sale that Boneza Funeral Service has communicated to him.
5.Sub-agents
The Agent may engage sub-agents, provided he informs Boneza Funeral Service. The agent shall be responsible for the activities of his sub-agents.
6.Complaints by Customers
6.1 promptly notify Head Office (Boneza Funeral Service) of any complaints made in respect of the Products.
6.2 The Agent shall immediately inform HO of any observations or complaints received from clients in respect of the Products. The parties hereto shall deal promptly and properly with such complaints.
6.3 Boneza Funeral Service is, whenever necessary, entitled to deal directly, without the Agent's intervention (provided he informs the latter) with customers situated in the area for any inquiries about the agent’s assistance.
7.Restrictions(The Agent shall not)
7.1 unless authorized in writing by Boneza Funeral Service, make any representations or warranties or give any undertakings of any nature whatsoever about the Products.
7.2 Do anything which is calculated to injure the reputation of or goodwill attaching to the Products and Boneza Funeral Service.
7.3 incur any liability on behalf of Boneza Funeral Service or in any way pledge Boneza Funeral Service’s credit.
7.4 charge any customer with any extra fees to do an application and/or to make use of business facilities that is not under the agreement with Boneza Funeral Service. This will result in immediate dismissal and possible legal action.
7.5 Forge documents to apply for a loan, putting the company at risk. If the company notices any suspicious applications being sent through, you will receive 3 warnings, your third being the final warning which will be an immediate dismissal.
8.Agent to be kept informed
8.1 Boneza Funeral Service shall provide the Agent with all necessary written information relating to the Products as well as with the information needed by the Agent for carrying out his obligations under the contract.
8.2 Boneza Funeral Service shall keep the Agent informed of any relevant communication with customers in the area.
9.Agent's commission
9.1 The Agent is entitled to R40 per approved application unless they work in a group, the commission will be split accordingly.
10. Un-concluded business
10.1 No commission shall be due in respect of applications transmitted by the Agent and not accepted by the Boneza Funeral Service.
11.Summary Termination
11.1 Boneza Funeral Service shall be entitled to cancel this Agreement summarily and without further notice if:
11.1.1 In the event that, from any cause, the Agent is prevented from performing his duties hereunder for a period of 3 (three) months in any period of 12 (twelve) calendar months,
11.1.2 In the event that the Agent is guilty of any conduct which, in the opinion of Boneza Funeral Service is prejudicial to the interests of Boneza Funeral Service.
12.Rights on Termination
12.1 Upon termination of the Agreement –The Agent shall return all stationery, records, marketing materials and other property including tablets and machines of Boneza Funeral Service within 2 (two) weeks of the Termination Date.
13.Earlier termination
13.1 Each party may terminate this contract with immediate effect, by notice given in writing by means of communication ensuring evidence of date of receipt (e.g. registered mail with return receipt), in case of substantial breach by the other party of the obligations arising from Thus done and signed at.