- N.B. Below this agreement is the link to register as a seller on Street Market Africa
This e-commerce vendor agreement is prepared and entered on the date of my submission of a
call for a sale between customer, through streetmarketafrica.com, it’s authorized representative
hereinafter referred to as vendor, of part one and Street market Africa hereinafter referred to as
Progressive Alliance Group (PAG), of Part bg CB two.
A. Vendor is engaged in e-commerce sales of merchandise
B. PAG owns SMA located at the following URL: https://www.streetmarketafrica.com
hereinafter referred to as “SMA website” Which possesses various registered users to whom
PAG offers various services,
C. Vendors will establish an online account on SMA website and offer to sell their products
through the said online page, PAG has agreed to the establishment of said online account with
respect to the following terms and conditions.
D. The vendor and PAG Are from henceforth referred to as parties and individually as party.
Now this agreement witnesseth herewith:
For the purpose of the said agreement the words and expressions following shall have the
meaning assigned to them under this article.
“PAG” shall mean SMA
“Customer” shall mean business entity, group of individuals, Firm, company or any other entity
placing an order for the products of the vendor through the online page.
“Price”shall mean the cost at which the products are to be delivered to the customer inclusive of
shipping charges if any
“Effective Date” shall mean the date on which this agreement is executed
Form shall mean form for e-commerce service agreement to be felt in and executed by the
vendor at the time of this execution
“Vendor” shall mean the entity Inc. or otherwise more specifically described herein above which
sells its products through the online retail page and more particularly described in the attached
“Order” shall mean an order for purchase of products wherein customer has agreed to purchase
the product upon the terms and conditions and at the price indicated on the online page of the
“ Products” shower mean merchandise items of the vendor put up for sale online by vendor
“Shipping charges“ shall Mean the logistics/courier/postal charges including all taxes incurred
for delivering the product to the customer
“ Service charge” shall mean the margin per transaction charged by the SMA to the vendor at
the rates agreed to between the parties open the sale of product.
2.1 SMA shout offer to the vendor its services for facilitating online sale of the vendors products
which shall include hosting and technology, customer support, payment services (Paypal). For
this arrangement the vendor shall pay service charges as specified under these presents, to
SMA for the sale been effected online.
2.2 Based on mutual discussions, it is agreed by and between the parties hereto that the
vendor shall put up for sale it’s products on the said online page, subject to the terms and
conditions hereinafter contained. Vendor for the agrees and acknowledges that the shopping
3. Consideration and payment terms
3.1 SMA shall collect the payment on behalf of the vendor/seller in respect of the orders
received through the online page. In consideration of the services rendered under these
premises SMA shall charge the services charges to the vendor/seller at the rates specified.
3.2 in the event any order is reversed due to “damaged product”, “Quality issue”, “not delivered”
or “wrong item delivered”, Vendor/seller agrees that SMA shall levy the service charges.
3.3 vendor/seller agrees to pay all the applicable tax duties, or other similar payments arising
out of the sales transaction of the product through the online page and StreetmarketAfrica.com
shall not be responsible to collect, report, or remit any taxes arising from any transaction.
3.4 when an SMA customer buys a vendor/seller item, the item can be shipped through
fulfillment agreement by our SMA team or item can be shipped by vendor/seller themselves.
These alternatives are respectively the gold and silver packages.
3.5 with the SMA silver package the vendor/seller can list up to 50 items at absolutely no cost to
the vendor/seller. Vendor/seller will be responsible to ship merchandise to the SMA customer.
The commission to SMA will be 10% of entire merchandise, which will be the sum of the listing
fee, payment processing fee and transaction fee. This 10% commission charge will be deducted
from transaction.The remaining 90% will be credited to vendor/seller in approximately 21 days
3.6 with SMA gold package referred to as the fulfillment agreement, vendor/seller will list up to
100 items at no cost. Items will be shipped by vendor to SMA warehouses. SMA will be
ultimately responsible to shipping vendor/seller items to customers at no charge to
vendor/seller. The commission charge for the gold package is 25% of entire transaction that will be deducted by SMA. The 25% commission includes storage fee, shipping fee, listing fee,processing fee and transaction fee. The remaining 75% of transaction will be credited tovendor/seller in approximately 21 days.
4. Obligations of the Vendor/seller
The vendor shall:
4.1 through the interface provided by SMA on the creation of online page of vendor, shall upload
the product description, images, disclaimer, price and such other details for the products to be
displayed and offered for sale through the said online page.
4.2 vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal,
objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of
intellectual property rights including but not limited to trademark and copyright of any third-party.
Vendor shall ensure to upload the product description and image only for the product which is
offered for sale through the online page.
4.3 vendor shall provide full, correct, accurate and true description of the products so as to
enable the customers to make an informed decision.
4.4 vendor shall be solely responsible for the quality, merchantability, guarantee, warranties in
respect of the products offered for sale through the online page.
4.5 the vendor shall dispatch the products of same description, quality and quantity and price as
described and displayed on the online page and for which the customer has placed the order.
4.6 the vendor shall not offer any products for sale on the online page, which are prohibited for
sale, dangerous, against the public policy, banned, unlawful, and illegal or prohibited on the US
4.7 the vendor shall be solely responsible for any dispute that may be raised by the customer
relating to the goods, merchandise and services provided by the vendor.
4.8 the vendor shall at all time during the pendency of this agreement endeavor to protect and
promote the interests of SMA and ensure that parties rights including intellectual property rights
are not infringed.
4.9 the vendor shall at all times be responsible for compliance of all applicable laws and
regulations including but not limited to local, state and federal taxes etc.
4.10 The vendor shall pay SMA a service charge as specified by SMA on every transaction.
5. SMA reserves the right:
5.1 vendor agrees and acknowledges that SMA, at all times during the continuance of this
agreement, shall have the right to remove/block/delete any text, graphic, images, uploaded on
the online page by the vendor in the event that said text, image, graphic is found to be in
violation of law, breach of any of the terms of this agreement, terms and conditions. In such an
event, SMA reserves the right to forthwith remove/close the online page of the vendor without
any prior intimation or liability to the vendor.
6. SMA not liable:
6.1 SMA on the basis of representation by the vendor has created the online page of the vendor
on streetmarketAfrica.com portal to enable vendor to offer the vendor’s products for sale
through the said online page. This representation is the essence of the contract.
6.2 vendor shall be solely liable for any claims, damages, allegations arising out of the products
offered for sale through it’s online page (including but not limited to quality, quantity, Price,
merchantability, use for a particular purpose, or any other related claim) And shall hold SMA
harmless and indemnified against all such claims and damages.
6.3 Further SMA shall not be liable for any claims, damages arising out of any negligence,
misconduct or misrepresentation by the vendor or any of its representatives.
6.4 the vendor hereby agrees, confirms and acknowledges that the product is owned by the
vendor and SMA is merely a facilitator for sale of the vendor’s products, hence SMA is not
responsible/liable for the product, its design, its function and condition manufacturing and selling
and financial obligations, warranties, guarantees whatsoever. SMA reserves its right to state
appropriate disclaimer is on its website/online page.
7. Term, termination and effects of termination:
7.1 the terms of this agreement shall commence on the date of execution of the contract and
shall continue until terminated by either party given the other 30 days written notice.
8. Effects of termination
8.1 in the event of termination/expiry of this agreement, the company shall remove the links and
shall discontinued display all the products on online page with immediate effect.
8.2 SMA shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred
by the vendor by virtue of termination of this agreement.
9. Intellectual property rights:
9.1 it is expressly agreed and clarified that, except as specified agreed in this agreement, each
party shall retain all right, title and interest in their respective trademarks and logos and that
nothing contained in this agreement, nor the use of the trademark/logos on the publicity,
advertising, promotional or other material in relation to the services shall be construed as given
to any party any right, title or interest of any nature whatsoever to any of the other party’s
trademark and/or logos.
10. Entire agreement:
10.1 this agreement embodies the entire agreement and understanding of the parties and
supersedes any and all other prior and contemporaneous agreements, arrangements and
understandings (whether written or oral) between the parties with respect to its subject matter.
11. Limitation of liability:
11.1 under no circumstances, except in case of breach of contract, will either party be liable to
the other party for lost profits, or for any indirect, incidental, consequential, special or exemplary
damages arising from the subject matter of this agreement, regardless of this type of claim and
even if that party has been advised of the possibility of such damages, such as, but not limited
to loss of revenue or anticipated profits or loss of business, unless such loss or damages is
proven by the aggrieved party to have been deliberately caused by the other party.
12. Relationship of parties:
12.1 nothing in this agreement will be construed as creating a relationship of partnership, joint
venture, agency or employment between the parties. SMA shall not be responsible for the acts
or omissions of the vendor, and vendor shall not represent neither has, any power or authority
to speak for, represent, bind or assume any obligation on behalf of SMA.