SUPPLY AGREEMENT. Between: ( The Supplier ) Qayami Inc. 46 Rafi Ahmed Kidwai Road, Kolkata , India. Managing Director: Reyaz Alam Qayami

Transcription

1 Between: ( The Supplier ) Qayami Inc 46 Rafi Ahmed Kidwai Rad, Klkata , India Managing Directr: Reyaz Alam Qayami bp@qayami.cm, reyaz@qayami.cm ( The Custmer ) YOUnique Outsurcing Aneta Stjcevska 204 Dryburgh street, Nrth Melburne VIC Aneta@yuniqueutsurcing.cm.au

2 Recitals: A. The Supplier is in the business f telemarketing based lead generatin B. This Agreement cnstitutes the entire agreement f the parties as t its subject matter and supersedes and cancels all prir agreements, understandings and negtiatins in cnnectin with it. 1. Definitins: Custmer means YOUnique Outsurcing, including subsidiaries and ther trading names. Supplier means Qayami Inc and its perating subsidiaries and ther trading names. 2. Price 2.1 As frm the Cmmencement Date, the Price f the Gds shall be as stated in Schedule Prices may nly be changed by agreement between the parties. 3. Payment 3.1 See payments 3.2 Payments are t be prcessed bi-weekly based n invicing data supplied by the custmer fr the previus weeks cnfirmed appintments.

3 4. Delivery 4.1 Bkings shall be supplied t the Custmer in electrnic frmat by latest 1.5 hurs after telemarketing shift. 4.2 The number f daily bkings supplied t the Custmer shall be agreed between bth parties n a weekly basis. 5. Required Telemarketing Practises 5.1 The Supplier is t perate in accrdance with existing Australian Cnsumer law. 5.2 The Supplier must be fully aware f and adhere t all requirements f the D Nt Call Registry Act 2006, including but nt limited t the fllwing: Keeping the washed lists valid Because f the exceptin at subsectin 11(3) f the DNCR Act, the Supplier may rely n the validity f washing results fr 30 days frm the date the register peratr returns the washed list t the Supplier. Calling lists must be kept in a valid washed state by mnitring when the 30-day validity perid f each list is abut t lapse, and making sure that any numbers the Supplier intends t call after the end f the validity perid are re-washed befre the validity perid ends. The Supplier is liable if registered numbers are called in cntraventin f the D Nt Call Register Act 2006 (DNCR Act). Dcument Washing The Supplier is required t keep, fr at least 12 mnths: washing receipts prvided by the register peratr fr each washed list (amng ther things, the receipts include a unique transactin ID, time and date stamps, and a summary f the quantity f numbers submitted and returned) cpies f all files submitted fr washing (in the frmat in which they were submitted) and all files as returned by the register peratr. Prcess Dcumentatin The Supplier is required t clearly dcument the steps taken t ensure that numbers identified as being n the register are nt called unlawfully, and that numbers identified as nt being n the register are nt called utside the 30-day validity perid. The supplier is required t cmpile and prvide t the Custmer the fllwing dcumentatin

4 The prcess fr preparing and washing lists The timeframes within which key steps are t ccur The prcess fr rewashing unused numbers befre the 30- day perid expires and 5.3 The Supplier must be fully aware f and adhere t all requirements f the Telemarketing and Research Calls Industry Standard This includes but is nt limited t the fllwing: The Supplier can nly make telemarketing calls n behalf f the custmer between: 9:00 am and 8:00 pm Mnday t Friday. 9:00 am and 5:00 pm Saturday. The Supplier cannt make telemarketing calls n behalf f the custmer n Sunday r public hlidays stated in Schedule 2 Natinal public hlidays include New Year s Day, Australia Day, Gd Friday, Easter Mnday, Anzac Day, Christmas Day and Bxing Day. This includes a day given in lieu f ne f these public hlidays. The Supplier, amngst ther requirements, must prvide t the cnsumer n each call: the name f the Supplier's business the name f the Custmer's business the purpse f the call instructins as t what the cnsumer shuld d if they wish t speak t the Custmers salespersn abut the prduct being ffered instructins as t what the cnsumer shuld d if they wuld like their number t be added t the Supplier's internal pt ut list tell the custmer, if asked, hw they gt the custmer s telephne number. The Supplier must ensure that calling line identificatin is enabled when they make r attempt t make a call The Supplier must hang up immediately at the custmer s request, and nt call back fr at least 30 days.

5 6. Dispute Reslutin 7.1 In the event that either Supplier r Custmer disputes any actin r claim by the ther, they shall ntify the ther party within five (5) days f becming aware f such a grievance. 7.2 The ther party shall in gd faith attempt t reslve the dispute as a sn as pssible. 7.3 In the event f cntinuing disagreement, the mst senir fficer f bth Custmer and Supplier shall meet face t face and attempt t reslve the dispute. 7.4 Shuld this fail, the Supplier and Custmer shall submit t cmmercial arbitratin by a suitably qualified arbitratr; in the event that the parties cannt agree n an arbitratr, the matter will be referred t the President f the Law Institute f Victria fr selectin f a suitable arbitratr, whse judgement shall be binding n bth parties. 7. Terminatin f Agreement 8.1 Either the Supplier r the Custmer may terminate this Agreement immediately by ntice in writing t the ther party in the event that the ther party: (a) cmmits a breach f this Agreement which is nt rectified within furteen (7) days f being requested t d s in writing by the ther party; 8.2 Terminatin f this Agreement des nt affect rights f a party which may have accrued prir t terminatin. 8. Frce Majeure The Supplier shall nt be liable r respnsible fr any failure t supply the Gds r delay in delivery f the Gds caused by any Act f Gd, strike, lckut, rit r civil cmmtin, war, hstilities, breakdwn f machinery, fire r any ther cause cmprehended within the term frce majeure. 9. Gverning Law and Jurisdictin a. This Agreement is gverned by and is t be cnstrued in accrdance with the laws f the State f Victria, Australia. b. Each party irrevcably and uncnditinally submits t the nn-exclusive jurisdictin f the Curts f Victria and Curts entitled t hear appeals frm these Curts.

6 10. Financial Penalties In the event the Supplier intentinally r unintentinally breaches Australian Cnsumer law r any aspect f the D Nt Call Registry Act 2006 r Telemarketing and Research Calls Industry Standard 2007 the Supplier will be slely liable fr any financial penalties impsed n the Custmer resulting frm this miscnduct.

7 Executed as an Agreement Date: EXECUTED fr and n behalf f Qayami Inc in accrdance with Sectin 127(1) f the Crpratins Act 2001: Signature f Directr Name f Directr Reyaz Alam Qayami Date 25 March 2017 EXECUTED fr and n behalf f YOUnique Outsurcing in accrdance with Sectin 127(1) f the Crpratins Act 2001: Signature f Directr Name f Directr Aneta Stjcevska

8 Schedule 1 Prduct List and Price TRIAL PERIOD AUD $25.00 per Qualified Lead AUD $35.00 per Qualified Lead AUD $45.00 per Qualified Lead AUD $ per sale NOTE: $25.00 if NET appintments are between 1 15 in a week. $35.00 if NET appintments are between in a week $45.00 if NET appintments are 26 and abve in a week Definitin f Qualified Lead HOMEOWNER ( NO RENTERS ) MINIMUM BILL AMOUNT: QUARTERLY: $250 + AUD MONTHLY: $ AUD IF APPLICABLE BOTH PARTNERS MUST BE PRESENT FOR THE APPOINTMENT CUSTOMER MUST SAY YES TO THE APPOINTMENT AGE: MUST BE BETWEEN THE AGE OF YEARS OF AGE EXISTING CUSTOMERS MUST HAVE 8 PANELS OR LESS