This Distance Contract template is designed for businesses operating in Nigeria that engage in remote selling of goods or services, where transactions occur without the simultaneous physical presence of the parties. It is particularly relevant for e-commerce operations, online retailers, and service providers conducting business through electronic means. The document incorporates essential provisions required by Nigerian consumer protection laws, the Cybercrimes Act 2015, and the Nigeria Data Protection Regulation 2019. It addresses key aspects such as order processing, payment terms, delivery arrangements, consumer rights (including cooling-off periods), data protection, and dispute resolution. This template is regularly updated to reflect changes in Nigerian e-commerce regulations and consumer protection requirements, making it suitable for both B2B and B2C transactions conducted remotely.
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1. Parties: Identification of the seller/supplier and the customer, including full legal names, addresses, and registration details where applicable
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the contract, including technical terms and specific distance selling terminology
4. Scope of Services/Goods: Detailed description of the products or services being offered, including specifications and quantities
5. Ordering Process: Step-by-step description of how orders are placed, confirmed, and processed
6. Price and Payment: Pricing details, payment methods, payment terms, and any additional charges like shipping
7. Delivery Terms: Delivery timeframes, shipping methods, costs, and risk transfer points
8. Cancellation Rights: Consumer's right to cancel, cooling-off period, and cancellation procedures as required by Nigerian consumer protection laws
9. Returns and Refunds: Process for returning goods and obtaining refunds, including timeframes and conditions
10. Warranties and Liability: Product warranties, limitation of liability, and consumer rights under Nigerian law
11. Data Protection: Handling of personal data in compliance with NDPR 2019
12. Governing Law: Specification of Nigerian law as governing law and jurisdiction
13. Dispute Resolution: Process for handling disputes, including any alternative dispute resolution mechanisms
1. Electronic Communications: Include when the contract involves significant electronic communications, detailing how electronic notices and communications will be handled
2. Intellectual Property: Include when the goods or services involve IP rights, such as digital products or licensed content
3. Force Majeure: Include when there are specific concerns about external events affecting contract performance
4. Assignment: Include when either party might need to transfer their rights or obligations
5. Entire Agreement: Include when there have been previous agreements or negotiations that need to be superseded
6. Subscription Terms: Include for recurring services or subscription-based products
7. Quality Assurance: Include when dealing with specific quality standards or compliance requirements
1. Schedule 1 - Product Specifications: Detailed technical specifications of products or services
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or special rates
3. Schedule 3 - Service Level Agreement: Specific performance metrics and service standards
4. Schedule 4 - Returns Form: Standard form for customers to use when returning goods
5. Schedule 5 - Privacy Policy: Detailed privacy and data protection policies
6. Appendix A - Cancellation Form: Standard cancellation form as required by consumer protection laws
7. Appendix B - Delivery Zones and Charges: Breakdown of delivery areas and associated shipping costs
Relevant legal definitions
Clauses
Relevant Industries
E-commerce
Retail
Technology
Telecommunications
Financial Services
Digital Services
Consumer Goods
Manufacturing
Logistics and Delivery
Professional Services
Healthcare (for telemedicine)
Education (for distance learning)
Relevant Teams
Legal
Compliance
Operations
Customer Service
Sales
E-commerce
Digital
Risk Management
Commercial
Supply Chain
Business Development
Information Technology
Marketing
Relevant Roles
Legal Counsel
E-commerce Manager
Compliance Officer
Commercial Director
Operations Manager
Customer Service Manager
Sales Director
Digital Business Manager
Risk Manager
Contract Administrator
Business Development Manager
Online Retail Manager
Supply Chain Manager
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