Engagement Agreement

By selecting this checkbox you agree to enter into an AGREEMENT (“AGREEMENT”) with BELVA DIGITAL LTD’s (“MARKETING FIRM”) in regard to service provision under the unit “GrowthLab”. This Agreement describes in detail the responsibilities of each of the parties in completing this project.

Each party has had an opportunity, before agreeing to this Agreement, to review these terms in detail and make sure that they properly reflect the parties’ full agreement. To their best understanding, this document includes the full scope of responsibilities that each party expects the other to perform to complete this project.

  1. MARKETING SPECIFICATIONS & SCOPE:
    MARKETING FIRM will use its human expertise and technology, herein referred to as the GrowthLab to deliver the selected service(s) and/or product(s). Term will run from the date of deposit payment receipt and continue for a period of 30 days unless stated otherwise.
  2. MARKETING SPECIFICATIONS & SCOPE:
    The Client undertakes to pay to the MARKETING FIRM as per the following terms:

    Invoices are due on receipt, a fifty percentage (50%) payment deposit is required before commencement. The remaining balance is due on receipt at the end of the engagement period or/and at the time of renewal.. Payments are considered overdue if submitted and no payment is received within the first fifteen (15) days. Overdue payments will attract a three percent (3%) monthly compounded interest.
  3. RESPONSIBILITIES OF MARKETING FIRM
    MARKETING FIRM will keep CLIENT updated on activities and progress at reasonable intervals, and reasonably respond to inquiries regarding progress as per the terms of each product/service.

    MARKETING FIRM may require access to the website, social media pages and other platforms to deliver the services. CLIENT may propose modifications within the scope of the specifications and agrees that that may attract additional cost..
  4. RESPONSIBILITIES OF CLIENT
    Both parties are responsible for providing feedback and updates within the agreed timelines. Failure to provide comprehensive written feedback and/or update by either party within the stipulated time for the selected services, may lead to cancelation of the services and this agreement.
  5. INTELLECTUAL PROPERTY RIGHTS
    CLIENT guarantees that any elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that it provides to the MARKETING FIRM for inclusion in the campaign are either owned by CLIENT, or that CLIENT has permission from the owner to use them on the campaign. Likewise, MARKETING FIRM guarantees that any elements of text, graphics, photos, designs, logos, trademarks, service marks, artwork, or video that it includes in the campaign has either been provided by the CLIENT, or is owned by MARKETING FIRM, or used with permission of the owner.
  6. MODIFICATIONS TO THE AGREEMENT
    The Parties understand that sometimes circumstances change after an agreement is entered into that may affect the scope of work or the cost of performing the agreement. The Parties agree to the following procedures in this event. Any significant modification to the scope of work to be performed by MARKETING FIRM must be agreed to by both parties in writing (email confirmation is acceptable) and maybe billable separately.
  7. TERMS OF SALE
    You hereby ratify your understanding that all services provided are non-refundable.

    This Agreement shall commence on the Date and extend for a period stated for each service/product, unless sooner terminated in accordance with the provisions of this Clause. Notwithstanding, the Parties may extend the terms of this Agreement for such period as may be agreed between them in writing (email confirmation is acceptable).

    This Agreement may be terminated by the written agreement of both Parties in advance by giving a seven (7) working days notice to the other.

    In the event that either Party shall be in default of its material obligations under this Agreement and shall fail to remedy such default within seven (7) days after receipt of written notice thereof, this Agreement shall terminate immediately after lapse of the seven (7) days.

    This Agreement shall also terminate upon either Party going into liquidation whether compulsory or as an administrator, administrative receiver or receiver appointed over any part of its assets or undertaking.

    Termination of this Agreement shall not affect all the rights and obligations of the Parties accrued prior to termination
  8. FORCE MAJEURE
    Neither Party shall be liable for any delay in performing hereunder if such delay is caused by conditions beyond its control including, but not limited to:
    • War, national emergency, pandemics, strikes, civil disturbance, terrorism, theft, fire, flood, explosion, natural disaster, unusual severe weather conditions, prohibitive legislation or regulations and failure of power, communication or utility supplies; or
    • any other cause beyond the reasonable control of the Party whose performance is affected.


    Parties will not be held liable for failure of third-party suppliers, subcontractors, and carriers, or the other Party to substantially meet its performance obligations due to the effects of a Force Majeure provided that, the Party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon, and obtain approval thereof.

    Both Parties shall endeavour to mitigate the loss during or after the force majeure event.
  9. GENERAL CONTRACT TERMS
    The Parties each represent that they are authorized to enter into this Agreement.

    The parties are not intending to create a partnership, agency, employer-employee, joint venture, or franchise relationship between MARKETING FIRM and CLIENT.

    In the unlikely event that the Parties later have a dispute about the meaning of this Agreement or whether one or the other failed to meet their responsibilities under this Agreement, the Parties agree to the following:

    1. The complaining party will provide a written explanation of their dispute to the other party, and the parties will then, within seven (7) days, in good faith discuss the dispute and seek a mutually acceptable resolution. If the dispute has not been resolved within thirty (30) business days after such good faith discussions begin, either party is free to assert its rights in court, if they choose.
    2. In the event of such a dispute, the parties agree that this Agreement would be interpreted in accordance with the laws of the Republic of Kenya.

Marketing Firm

BELVA DIGITAL LTD © GrowthLab

info@growthlab.digital

4th Floor Suite 8, Green House, Nairobi Kenya
P.O Box 53656 - 00200 Nairobi

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