Introduction

In allegiance to growing business in Nigeria, Bengotz Innovation Hub
(www.bengojet.com), Nigeria’s largest online store opened up its online platform to Nigerian businesses to enable vendors to sell their products (“Store”), giving instant nationwide access to your products. Vendors can also enjoy all the benefits that come with having an online store by giving access to millions of customers in Nigeria.
Businesses that sign up to Bengojet.com (‘Bengotz Innovation Hub’) will have their own platform provided for them, and ‘Bengotz’ will provide some additional value-added services including but not limited to marketing and logistics partnerships to cater for customers in all 36 states in Nigeria, including FCT. Bengotz Innovation Hub will also give seller support to all its vendors to help grow their businesses. Vendors can greatly increase sales and revenue by partnering with us, while we worry about giving them the visibility and customer base needed to achieve this.
We also provide convenient payment terms for the proceeds of vendor’ sales. Bengotz Innovation Hub offers its customers both prepaid and pay-on-delivery (POD) payment options for goods purchased. What a Vendor is required to do to enjoy all these benefits is to review and accept the terms and conditions of the Bengotz Innovation Hub agreement below. Bengotz Innovation Hub reserves the right to alter these Terms & Conditions at any point in time without notice, by updating the content on the Bengotz website.

Agreement

In accordance to the mutual contract set forth in this agreement, Bengotz and vendor (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
1. Services Delivered
• The seller agrees to compensate Bengotz for the services rendered listed in section 2 below (“Services”).
2) Delivery of services Bengotz will use due diligence in rendering the services offered to the Seller, which include the following:
• Online storefront customized to the vendor with payment gateway and escrow service at bengojet.com (Bengotz Innovation Hub);
• Access to vendor portal and other account management systems;
• Access to a dedicated vendor portal support team to attend to all inquiries and other account management services;
• Access to logistics partners;
• Provision of analytics report;
• Vendors services helpline (Mon-Sun; 08:00am – 06:00pm)
• E-marketing, and other marketing services as available and appropriate. Bengotz may at its own discretion modify Services from the above list from time to time and some of the new services may attract separate charges, in which case the vendor will be informed before the provision of the said services.
Bengotz reserves the right to modify the available services, the nature of the services and any charges at its own discretion.
The vendor agrees to use due diligence in providing Bengotz with genuine products and accurate product information.
The vendor shall also be responsible for listing and pricing their products on the Bengotz platform and also update the availability of products in stock.

Remuneration

For all of the services provided by Bengotz Innovation Hub (bengojet.com) under this agreement, the vendor shall remunerate Bengotz Innovation Hub (bengojet.com), with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all Vendor; or agreed in advance between both parties, or detailed elsewhere on the Bengotz platform. Bengotz will from time to time modify the category commission structure and will notify the Vendor of any changes by communicating directly to all vendors or publishing the same on the vendor portal, or on the Bengotz website not less than twenty-one (21) days before any variation in commission rate or charging structure takes place.
Payments shall be remunerated into the Vendor account after the shipped orders have been confirmed as received by the customer and the return policy stated on the product has expired.
In line with the Terms and Condition for remuneration, Bengotz shall deduct the commission before remunerating the net value into the vendor’s account.

Confidentiality

The vendor and Bengotz Innovation Hub acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Bengotz. Vendors shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Bengotz preliminary written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
Excluded from the “Confidential Information” definition is anything that can be seen by the public.

Independent Contractor

Bengotz shall be deemed as an independent contractor. Bengotz will be fully responsible for the payment of its own income taxes on all compensation earned under this agreement. The vendor will not withhold or pay any income tax, social security tax, or any other payroll taxes on Bengotz behalf. Bengotz is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the vendor. Bengotz understands that it will not be entitled to any fringe benefits that Vendor provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.

Content

Bengotz Platform does not claim ownership rights in your content. You grant Bengotz a license solely to enable Bengotz to use any information or content you supply Bengotz with so that Bengotz is not violating any rights you might have in that content. You agree to allow Bengotz to store or re-format your content and display your content on the Bengotz platform in any way as Bengotz chooses.
Bengotz platform will only use personal information in accordance with its Privacy Policy. By uploading content to the Bengotz platform, you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third-party intellectual property rights. In the event that Bengotz receives a complaint in respect of any content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate Bengotz for any loss suffered. Bengotz reserves the right to remove any such content immediately.
By uploading images to Bengotz, you agree that Bengotz has the right to use your images to promote Bengotz platform.
Re-posting content: By posting Content on the Bengotz platform, it is possible for an outside website or a third party to re-post that content. You agree that Bengotz is not responsible for any dispute concerning this use. If you choose to display your own Bengotz-hosted image on another website, the image must provide a link back to its listing page on the Bengotz platform. idea submissions: Bengotz platform considers any unsolicited suggestions, ideas, proposals or other material submitted to it by vendors via the site or otherwise to be non-confidential and non-proprietary, and Bengotz shall not be responsible for the disclosure or use of such material. If at Bengotz request, any member sends Material to improve the site (for example to customer support), Bengotz platform will also consider that Material to be non-confidential and non-proprietary and Bengotz will not be responsible for use or disclosure of the material. any communication by you to Bengotz is subject to this agreement.

Reimbursement

Vendor warrants that everything it gives Bengotz to use in the delivery of the services or any deliverable is legally owned or licensed to the vendor. The vendor agrees to reimburse and not hold Bengotz, its employees and associates responsible for any and all claims brought in the performance of the services.

Reimbursing Customers

Bengotz expects that all products shipped to customers matches the description stated on the site and must be shipped in working condition. If a valid complaint is made by a buyer on Hi-tech products or any product listed on the vendor’s page within 21 days of purchase For Hi-tech products, Bengotz reserves the right to hold on to the revenue for them or deduct the value from the vendor’s account pending payment. Not complying with this term will lead to the discontinuation of the store on the Bengotz platform.

Terms & Conditions

Either party shall have the right to discontinue this agreement for cause immediately and without notice in the event of a breach of the obligation under this agreement by the other party. Bengotz has the right to evict the vendor from Bengotz platform if any, or a combination, of the following breaches, are committed:
– Fails to make a product that has been ordered for on the Bengotz platform available for delivery within two (2) business days after it was supposed to be available for delivery;
– Provides fake, inferior, or substandard products that have been sold as original;
– Provides used, refurbished, or damaged products that have been sold as new or unused;
– Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC, SON, etc);
– Fails to meet the Quality of Service Standards (QOS) as defined in the vendor’s portal rating system (details on request);
– Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
– Engages in any activity that brings Bengotz, or any of Bengotz partners or other platform vendors into disrepute.
Bengotz reserves the right to alter these QOS rules at any time, and in the event of any changes, Bengotz will inform the vendor by publishing the same on Bengotz website. Bengotz will send a formal warning to the vendor after each incident.

Policy on Counterfeit

Refurbished and unauthorized products on Bengotz platform, Bengotz is committed to delivering stellar services to its customers at all times, and we strive to ensure that all products sold via the Bengotz platform and shipped to our buyers are held to the same high-quality standards. Bengotz platform has zero-tolerance for counterfeit products, therefore any vendors store that sells unoriginal, fake/replica, refurbished or unauthorized items on Bengotz will be automatically suspended and the authenticity of the products will be investigated. If the vendor is then proven to sell these items, the store will be permanently prohibited from selling on Bengotz platform. This policy excludes official replica items produced and sold by authorized brands and organizations.

Force Majeure

The parties agree that there shall attach no liability for any inability to carry out any obligations under this agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lockouts, war, flood, insurrection and other acts of God PROVIDED, however, that where an event of force majeure subsists for more than one (1) month the party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this agreement.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of courts within Lagos state.