Terms and Conditions

1.     Definitions

2.     In this Agreement, unless the context otherwise requires, the following expressions have the following meanings.

2.1.   ‘’Agreement” shall mean the terms and conditions contained herein.

2.2.   ‘’Commencement Date” shall be as at the date of the Agreement.

2.3.    “sQuid Learning Hub” means the learning portal created by sQuid through which Companies and Employees access learning resources.

2.4.    ‘’Service User” shall mean those persons who use the App and access learning content.

2.5.   “Learning Content” shall mean the various applications delivered as part of the sQuid Hub Education Services operated by Company.

3.           Term and Termination

3.1.        This Sales Agreement shall commence on the Commencement Date and continue for an initial term of one (1) year and thereafter from year to year unless and until determined by either party in accordance with the terms and conditions contained herein.

3.2.         Either Party may terminate this Agreement by giving 1 months’ notice at any time after the initial term       

3.3.        Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.

4.     Exclusivity and Co-operation

4.1.          sQuid shall have the right to offer Lean and Kaizen content through sQuid Learning Hub, on a non-exclusive basis, and always with the guidance of Company in who access the content.

4.2.          sQuid and Company shall in general co-operate in good faith in all relevant matters with the objective of achieving the agreed goals and outcomes to the Service Users, subject always to restrictions, if any, that may exist within different organisations.

4.3.          The Parties shall co-operate in sharing data relating to the usage of the by Service Users.

5.           The sQuid learning Hub, Content Services

5.1.         sQuid Kenya shall provide digital lessons via the android app. The app contains several parts to each lesson which consist of an introduction, a video that explain more about the concept, additional references, a short quiz and evidence submission.

6.          Responsibilities of the Parties

6.1.          sQuid LearnHub shall be responsible for:

     i.             Registering users on to the sQuid LearnHub system

     i.             Ensuring the content is available

    ii.             Reviewing the evidence that users upload during the training period – reviews will also provide summarised feedback on the evidence (no more that 50-100 words)

   iii.             Providing an end of week (EOW) summary of the status of users (indicating what has been completed and what is pending) An example of the end of week summary is available in Appendix for both business and individual users.

  iv.             Provide a certification of completion of the courses clearly stating the Name (as per provided ID information), date of course and certification verification code. sQuid Learnhub will not be held liable of incorrect information provided during the registration period.

6.2.          The Client will be responsible for:

     i.           Providing correct information for use in the verification of the certificates (includes Name and copy of ID/passport)

    ii.           Ensuring the lessons are completed timely during the course period.

   iii.           Submitting evidence for review no later than Friday 1PM. Evidence submitted later than Friday 1PM will be considered late and stated in the EOW update.

  iv.             Informing sQuid Learnhub of any reasons why the lessons cannot be completed.

   v.             Providing feedback to sQuid Learnhub in case of any issues related to the delivery of the lesson and application.

7.           Proprietary Rights

7.1.         sQuid Learning platform and content together with the Intellectual Property Rights of whatever nature in the sQuid Hub and other sQuid services including the brand name are and shall remain the property of sQuid.

8.           Variation

8.1.         No variations or additions to this Agreement may be made without the written consent of the Parties.

8.2.        Any variations in the terms of this Agreement shall be in writing and signed by the Parties.

9.           Partnership

9.1.         Nothing in this Agreement will create any joint venture or partnership between the Service User and sQuid.

10.        Agency

10.1.       Neither sQuid nor its employees shall in any circumstances hold itself or themselves out as being the agent or servant of the company otherwise than in circumstances expressly permitted by this contract Agreement

11.        Notices

11.1.       All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out at the head of this Agreement or such other address as the recipient may designate by notice given in accordance with the provision of this Clause.  Any such notice may be delivered personally by hand, or registered letter, or email and shall be deemed to have been served, if by hand when delivered, if by recorded postal delivery forty-eight hours after posting and if by email when dispatched.

11.2.      Any other communication under this Agreement must be in writing and can only be sent by recorded delivery post, personal delivery, or email.

12.        Entire Agreement

12.1.      This Agreement supersedes all prior agreements, arrangements and understandings between the Parties and constitutes the entire agreement between the Parties.

13.        Law & Jurisdiction

13.1.      This Agreement shall be governed by and shall be construed in accordance with Kenyan law; and be subject to the exclusive jurisdiction of the Courts of Kenya, to which the Parties submit.