Service Agreement – Terms and Conditions

Created by:

First Class Africa

This Service Agreement (the “Agreement”) states the terms and conditions that govern the contractual agreement between First Class Africa Limited Company T/A First Class Africa (the “Representative” or “FCA”) having its principal place of business in Dar Es Salaam, Tanzania and You (collectively the “Client”) who agrees to be bound by this Agreement.

WHEREAS, the Representative offers services with regards to Client plans to relocate to, visit, do business or explore a move to the United Republic of Tanzania (“Tanzania”).

WHEREAS, the Client desires to retain the Representative to render services according to the terms and conditions herein.

NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Representative and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

  1. Term

This Agreement shall begin and end on agreed upon time constraints between First Class Africa and the Client.

  1. Services

The Representative agrees that it shall provide its expertise to the Client while in the United Republic of Tanzania for all things pertaining to the agreed upon hospitality and or safari and tourism services (the “Services”).

  1. Compensation

In consideration for the Services, the Client shall pay FCA an agreed upon fee (“Fee”). The fee will be paid before or on agreed upon date of payment.

 

  1. Intellectual Property Rights in Work Product

The Parties acknowledge and agree that the Representative will hold all intellectual property rights in any work product resulting from the Services including, but not limited to, copyright and trademark rights. The Client agrees that the work products from the Services provided to them hereunder, shall be owned by First Class Africa.

 

  1. Confidentiality

The Client shall not disclose to any third party any details regarding the Representative business, including, without limitation any information regarding any of the Representative customer information, business plans, or price points (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Representative, or (iii) use Confidential Information other than solely for the benefit of the Representative.

Confidential Information includes all information identified by a disclosing party as proprietary and confidential, which Confidential Information shall remain the sole property

of the disclosing party unless the ownership of such Confidential Information is otherwise expressly set forth in the Agreement. Items will not be considered Confidential Information if: (a) available to public other than by a breach of an agreement by the recipient; (b) rightfully received from a third party not in breach of any obligation of any confidentiality; (c) independently developed by one party without access to the Confidential Information of the other; or (d) rightly known to the recipient at the time of disclosure as verified by its written records.

Any damages, costs and loss of revenue incurred to the Representative as a result of a breach of this clause can be recovered in full from the Client.

  1. Privacy Statement

FCA recognizes the importance of protecting Client’s personal information and is committed to processing it responsibly and in compliance with applicable data protection laws. FCA acknowledges that nonpublic Client’s information (i) shall not be disclosed to any third party for any purpose other than for providing requested Services and (ii) shall be safeguarded pursuant to applicable rules and regulations.

  1. Noncompetition

During the term of this Agreement and for six (06) months thereafter, the Client shall not engage, directly or indirectly, as an employee, officer, manager, partner, manager, consultant, agent, owner or in any other capacity, in any competition with the Representative or any of its subsidiaries, including any company engaged in African relocation, investment, tours and tours consultation. Any damages, costs and loss of revenue incurred to the Representative as a result of a breach of this clause can be recovered in full from the Client.

  1. Non solicitation of Customers

During the term of this Agreement and for six (06) months thereafter, the Client will not, directly or indirectly, solicit or attempt to solicit any business from any of the Representative’s clients, prospects, employees or contractors. Any damages, costs and loss of revenue incurred to the Representative as a result of a breach of this clause can be recovered in full from the Client.

  1. No solicitation of Employees

During the term of this Agreement and for Twelve (12) months thereafter, the Client will not, directly or indirectly, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any of the Representative’s employees, or contractors for work at another company. Any damages, costs and loss of revenue incurred to the Representative as a result of a breach of this clause can be recovered in full from the Client.

  1. Filming

In accordance with the rules, policies and laws of the United Republic of Tanzania, FCA does not allow any filming, picture, interviews or any type of media or recording of FCA staff, services or vehicles except for certain activities with prior written authorization. FCA employees are not permitted to be filmed on camera or filmed while servicing clients.

  1. Indemnification

The Client agrees to indemnify, defend, and protect the Representative from and against all lawsuits and costs of every kind pertaining to the Client’s business including reasonable legal fees due to any act or failure to act by the Client based upon the Services.

  1. Liability

FCA acts as an agent for lodging facilities, some of transportation services and facilities provided by other parties, firms or companies and cannot be held responsible for loss, delays, injury, damage, or accident, or change of itineraries which may occur through the negligence of any individual or company entrusted with such service. FCA shall not be responsible for any injuries, damages or losses caused to any traveler in connection with dangers and risk inherent in sporting and adventure activities, climatic conditions, accidents or illness, mechanical or construction failure or difficulties, social or labor unrest, local laws, abnormal conditions or developments, acts of God or any other actions, omission or conditions outside its control. FCA cannot be held responsible for any loss of personal belongings (such as cellphone, money, rings, camera, laptop, binoculars, tablets, watches etc.) during the Services. The Client must look after their valuables at all times.

  1. Image Release

Client agrees that FCA may at its sole discretion use images from the Services for display, advertising, website, blog and social media submissions and any other means of promotion of FCA’s business. Client waives any right to payment, royalties or any other consideration for the use of the images. Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears. FCA is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client has or may have by reason of this authorization.

 

  1. General Refund Policy

Most Client services, bookings and or reservations are made in advance on behalf of the Client; therefore, Client will have the option to receive 100% (excluding transaction or processing fees) with up to 30 days cancellation notice or up to 75% of money paid for Services up to 3 weeks or 2 days (depending on when Service(s) were retained, and type of Service retained) before contractual deadline for Services rendered. Refund must be requested by the Client in writing.

 

  1. Safari, Mountains Hiking, Tours and Zanzibar Refund Policy:

15.1 DEPOSITS & FINAL PAYMENT

Upon booking a tour with First Class Africa, a 50% deposit is required to secure the tour and begin the necessary booking processes and ground preparations. An invoice will be sent to the Client together with the payment instructions.

Final balance payment of the tour booked is required no later than 30 days before the tour starts. Bookings made within 30 days of the tour start date should be paid in full.

All payments made to First Class Africa should be free of bank charges and credit card transaction surcharges.

15.2 CANCELLATION POLICY

A Client may cancel their booking by notifying First Class Africa in writing. The applicable cancellation fees shall be determined with reference to the date on which the request to cancel is received by FCA and are expressed hereinafter as a percentage of the total price paid for the cancelled tour.

Cancellation less than 72 hours to the agreed upon day of Service or tour will be charged 100% of the agreed upon total fee.

Cancellation 73 hours to 7 days to the agreed upon day of Service or tour will be charged 75% of the agreed upon total fee.

Cancellation 8 days to 30 days to the agreed upon day of Service or tour will be charged 50% of the agreed upon total fee.

Cancellation 31 days or longer to the agreed upon day of Service or tour incurs no cancellation fee.

Cancellation can only be done by email to the email address info@firstclassafrica.com

“No Shows” will be charged 100% of the agreed upon total fee (no show also includes showing up after agreed upon meeting time). First Class Africa reserves the right to resell tickets of guests for no show.

 

  1. COVID-19 Cancelation Policy

Exceptions:

For FCA to conduct business through this once in a lifetime global pandemic (COVID-19) as a privately owned hospitality, travel & tourism company, our cancelation policy during this unprecedented time is listed below. FCA reserves the right to amend the policy as the pandemic and its control evolves. Client will be informed of any policy changes before or at the time of Service.

FCA will have the following exceptions where bookings are cancelled within 14 days of travel, whereby clients will be offered the deferral policy as listed below:

  • If the country of the Client’s residence prevents the Client from leaving
  • If the government of the United Republic of Tanzania issues an inbound travel ban, banning Client from entering, or forcing arriving clients into quarantine.

Cancellation 73 hours to 14 days to the agreed upon day of service or tour will be given 100% refund of the agreed upon fee (excluding processing fees).

Cancellation 72 hours to the agreed upon day of service or tour will be refunded 75% of the agreed upon fee (excluding processing fees).

 

  1. No Modification Unless in Writing

No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.

 

  1. Warranties

First Class Africa warrants that the Services to be provided under this Agreement shall be performed in a professional manner conforming to generally accepted industry standards and practices. Client agrees that First Class Africa sole and exclusive obligation with respect to the Services covered by this limited warranty shall be, at First Class Africa’s sole discretion, to correct the nonconformity or to refund the Fees paid for the affected Services.

  1. Applicable Law

This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania.

  1. Entire Agreement

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

 

First Class Africa (FCA) Disclaimer

Client Behavior and Interaction: Client agrees to conduct themselves in a professional and respectable manner at all times while using First Class Africa services. Foul language, aggressive behavior, verbal and physical misconduct is strictly prohibited while in the presence of anyone employed by or in partnership with First Class Africa. First Class Africa reserves the right to terminate Services effective immediately without a refund if the Client is engaging in any behaviors that are deemed suspicious, illegal, illegal in manner, repetitive noncompliance, repetitive cultural offenses, or cause First Class Africa employees or partners to be in a situation that will cause them to break First Class Africa policies or procedures. First Class Africa follows the laws, rules, and regulations of the United Republic of Tanzania at all times. The Client is not permitted to ask, influence or order anyone from First Class Africa or in partnership with First Class Africa to engage in any activities or verbal discussions that are against any policies, rules and regulations set forth by First Class Africa and or the United Republic of Tanzania. Employees and anyone in partnership with First Class Africa are required to conduct themselves in the image of First Class Africa’s mission at all times while working with the Client. Should the Client feel a First Class Africa employee or partner is conducting themselves in a poor manner or violating the company rules, policies or services rendered, the Client is obligated to report such behavior to First Class Africa general manager immediately.

Customized Itinerary: All services are customized and scheduled based on client request. Any last minute changes to the itinerary create an inefficient environment for FCA and the Client. Therefore, if the Client chooses to make changes to the itinerary upon arrival, Client agrees that any appointments made on his/her behalf as well as Services to be provided may not be guaranteed.

 

Weather: FCA reserves the right to reschedule, cancel or adjust Client’s itinerary while in Tanzania using our services due to weather issues or concerns. Weather may impede Services especially during the main rainy season, generally from March to May. Flooding, extreme heat, animal crossings may force delays, postponements, or cancellations of appointments but it is not a common occurrence.

Extension of Services: FCA welcomes the opportunity to upgrade or extend Client services. Any changes to Services rendered must be made through FCA management. Client will then receive in writing from FCA’s management confirmation on any changes made to their original service arrangement. FCA line employees are not permitted to make changes or provide upgrades to Services at any time.

FCA Fees: If Client chooses to end services prematurely all fees paid are non-refundable. FCA reserves the right to terminate the contract at will if any policies, procedures or rules are violated.  Client may tip employees, but any tips must be paid to FCA management to be given to the designated employee(s) at a later time. The Client cannot give tips directly to FCA employees at any time.

Compliance and Safety: In compliance with FCA safety procedures and policies and in adherence with The United Republic of Tanzania laws and regulations, Client will submit to FCA in advance a list of all individuals who will be using FCA Service(s) with him or her.

FCA Policies and Procedures: FCA employees are not permitted to engage with, conduct or execute any form of illegal or noncompliance activities for any reason while working with Client for FCA. FCA only provides services for legal activities. FCA follows and abide by all the laws of the United Republic of Tanzania.

Insurance: Notably Travel Insurance, International Medical and Evacuation Coverage:FCA does not provide or issue travel, medical or medical emergency evacuation insurance. FCA recommends travel insurance for all travelers to protect against possible losses due to cancellations, interruptions, delays, lost, stolen or damaged travel documents and property. FCA also strongly suggest that clients traveling from countries outside of Tanzania and clients who are not Tanzanian citizens, purchase some form of adequate insurance against all other risks. FCA neither provides any medical care nor accept liability for any inadequate care provided. For U.S.A, Mexico and Canada based residents, FCA recommends MedjetAssist as a provider of choice for medical evacuation coverage.

 

First Class Africa Limited Company.

397, 1st Floor,

Capital Plaza Tower

Mwai Kibaki road, ,Mbezi Beach,

P.O. Box 10308, Dar Es Salaam,

Tanzania

Email address: info@firstclassafrica.com