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Welcome to Export From Nepal Services Business Solutions, a suite of Selling on Export From Nepal Marketplace based Selling Partner . THIS EXPORT FROM NEPAL SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND EXPORT FROM NEPAL. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY"). As used in this Agreement, "we," "us," “EFN” and "Export From Nepal" means the applicable Export From Nepal Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies. If there is a conflict among terms in this Agreement, the Program Policies will prevail over any applicable Service Terms and the General Terms, and the applicable Service Terms will prevail over the General Terms.
"Goods and services" mean goods and services produced by you or goods and services produced in Nepal and collected by you from the producers. Advertising means the exhibition to be made for sale worldwide via the online portal https://www.exportfromnepal.com/
Freight means the act of delivering the goods produced and collected by the producers and collectors of Nepali products and advertised in the online portal https://www.exportfromnepal.com/. Means of Shipping means the means of transportations such as plane, bus, ship etc. used by Second Party as per the demand and requirement of the importer.
To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Export From Nepal’s Privacy Notice. We may at any time cease providing any or all of the Services at our sole discretion and without notice.
- Terms & Termination
The term of this Agreement will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via our website, email, the Contact Us form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Export From Nepal’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means including marketplace message, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.
- Our Liabilities
- For Seller:
- We should provide a place in the website https://www.exportfromnepal.com/ to advertise and market the goods and services listed by you worldwide and shall help in the sale.
- We should not charge no other fees to you other than the commission mentioned in the detailed agreement by us. Separate advertisement cost may occur if you requested boosting your product & service, search rank improvement, special featuring within exportfromnepal.com website.
- We will charge the commission at the rate of least 10 Percent to a maximum of 20 percent for the place provided us to the Second Party for advertisement. It shall be decided as per the nature of the goods, the nature of the trade and the volume of trade and details such as commission rate, procedure for the payment of commission shall be as mentioned in the detailed agreement.
- We should coordinate and facilitate the Second Party for the export of goods. However, may not export ourselves.
- We will prepare the sample of the advertisement with your consent and the right of final decision related to the advertisement shall be from you.
- For Shipper/Forwarder:
- We will enlist your name as shipper in the website https://www.exportfromnepal.com/ of the First Party.
- If the importers of Nepali products choose you for shipment the we should facilitate you with related producers/importers and business persons.
- While facilitating shall include shipment fees in a way that the customer can have access to the fee while choosing as the shipment. If there arises any dispute due to the differences in the weight of any products asked by the customer, the dispute shall be resolved with coordination of freight transporter and importer.
- As the foreign customers of Nepali products selects the freight transporter from the list of the website https://www.exportfromnepal.com/, the we gives no guarantee to you for being selected as the freight transporter.
- Your Liabilities
- As a Seller
- You should be liable for the information about quality, price, validity, certificate of origin, Exim code, insurance etc. of the goods advertised.
- It shall be your liability for collecting, packaging, labeling, weighing the goods and exporting to the place of order after receipt of purchase order.
- If there is any complaint in any item exported by you through us, you should be liable for such actions.
- You should use the Trackable Shipping Method while exporting the goods.
- You should pay the commission to the First Party as mentioned in the detailed agreement.
- You, directly or through involvement of any third party shall not export any goods for the customers that came in contact through the us. If any knowledge of such action being done by deceiving us is found, it will be considered as a breach of the agreement and legal remedy shall be sought. Also, you will be deemed unfit for future cooperation with us.
- As a Forwarder
- It shall be your liability to be present at the places and programs as coordinated by the First Party and it shall deliver the goods and parcels safely at the place designated and time by the importers.
- It shall your liability to check the documents of the goods to be sent by the exporters such as invoice bill, certificate of advance payment, certificate of origin and so on.
- You should have right to examine all the packet of the goods to be sent by the exporters. We are not liable for any packet transported by the you which is banned for export by the law of Nepal or banned by the law of the destination country.
- The means of freight transport shall be decided upon the demand of the importer, nature and requirement of the goods by mutual consent of you and importer.
- You will be liable for paying the commission over the freight fee paid by customer being Freight Forwarder in our website.
- Intellectual Property & Confidentiality
Any intellectual property (trademarks, patents, design etc.) relating to any goods and services to be exported by you and the copyright of a photo or video provided for advertisement of goods shall be owned by you. In case of any dispute regarding the intellectual property, you should be liable for resolving disputes. However, the copyright of any photo and video created by us upon your request shall be reserved with us.
You should maintain confidentiality of all the information (selling price, quality and so on) related to the goods to be exported. If the complaint is made by the importer to us regarding the breach of the confidentiality then such shall be informed to the you and if the breach of Confidentiality is proved it shall deem the breach of this agreement and the compensation shall be as per the agreement to be done between you and exportfromnepal.com.
You (Seller or Shipper) should decide whether to insure the goods to be exported or not. Also, the exporter and parties involved in the export shall be liable in case of theft or loss or failure to deliver the good in destination as specified for any reason. We will not be held liable in any dispute arising at the process of export.
- Legal obligation
This agreement is subject to law of Nepal and you agree to comply the standards, obligations and duties prescribed for electronic advertising and export by the prevailing law of Nepal and concerned entity
We may modify the terms and conditions of this Agreement (including Export From Nepal Policies) from time to time, with notice given to you by email, message, Fax or through our website. Together with notice, we will specify the effective date of the modifications.
- Certificate of Freight and Delivery
You as Freight Forwarder /Shipper shall provide proof of the freight (Bill of Lading, Airway Bill) to the concerned exporter and us as soon as goods are transported from Nepal. In addition, after the receipt of the goods by the customer or the party demanding the goods, you should provide the proof of receipt of goods to the exporter and Export From Nepal.
- A to Z Claim & Compensation
If the goods ordered by a customer and the goods finally received differ, if any dissatisfaction is expressed regarding the quality of the goods, time and so on issues, the we will coordinate between the customer and the you to resolve the dispute.
In case of any dispute arising due to loss, breakage or not delivery of the goods within the time and place as specified the dispute shall be resolved you and exporter keeping in view the business interests of First Part as well. If any claim or compensation is made within the period as specified by us, it shall be as per the agreement to be done between exporter and the Freight Transporter.
In normal circumstances the payment from customer will be withhold by us until the business process finishes. After the buyer acknowledge the delivery & no A to Z claims/compensation claim occurs then the payout will be processed with deduction of commission mutually agreed.
- Dispute resolution
In case of a dispute over the implementation of this Agreement or the interpretation of any of the terms of this agreement, the dispute shall be resolved through mutual discussion. If the dispute is not resolved through discussion, then it shall be resolved in accordance with the prevailing law of Nepal.
- Special Provisions
Subject to this agreement, a detailed agreement shall be signed in relation to each good comprising the commission, export procedure, export time and so on.
For the purpose of the agreement, the information transmitted through the Email and phone mentioned at the time of signing the agreement shall be considered as information transmitted.