Introduction
Each of them is referred to individually as a party and together as parties.
Whereas Daem is a company specialized in providing electronic solutions services for pharmacies, clinics and customers, and whereas the pharmacy (the second party) wishes to use Daem’s services to obtain electronic marketing and sales services for dispensing medicines and cosmetic products and everything related to the products provided by the pharmacy and pre-sales and post-sales services to customers.
Accordingly, and after the parties have acknowledged their full capacity to contract, they have agreed to conclude this contract in accordance with the following terms and conditions:
Clause One
The previous introduction is considered an integral part of this contract and complements and supplements it.
Clause Two – Obligations of the Pharmacy (the second party)
1-2 Daem facilitates the coordination of dispensing medicines between the patient and the pharmacy through its official applications in addition to providing the service of electronic marketing for non-drug products and cosmetics.
Clause Three – Obligations of Daem (the first party)
● The possibility of exploring ways of greater cooperation within the framework of achieving mutual benefit.
Clause Four – Financial Transactions
1-4 The pharmacy is committed to transferring the total amounts that represent the allocated percentage To Daem Company for all services that have been implemented, delivered and collected within seven days only from the date of sending the claim.
The collection from the pharmacy is done monthly according to the agreement, and in the event that the pharmacy does not pay the amounts before the last date, the services of Daem will be stopped until payment.
If any of the items mentioned are not implemented, the accounts will be settled and the pharmacy’s account with Daem Company will be stopped immediately.
Article Five – Pledges and Guarantees
1-5 The pharmacy pledges and guarantees the accuracy of the data provided to Daem about the pharmacy and the person responsible for dispensing the medicines. The pharmacy also acknowledges that
the amounts that will be deposited or transferred to Daem’s account are the full dues in accordance with the items mentioned in Article Four.
2-5 The pharmacy pledges to provide any evidence if requested by Daem, provided that the pharmacy is responsible for any dispute or actions related to errors in dispensing medicines or the value of financial collection for pharmaceutical items, including but not limited to medicines dispensed or delivered by mistake.
3-5 The pharmacy undertakes and guarantees to compensate, defend and protect Daem from any damage arising from any legal claims from service users
as a result of the pharmacy’s error.
4-5 Daem undertakes to abide by the pharmacy’s instructions and according to its regulations, including but not limited to adherence to the pharmacy’s working hours.
5-5 The pharmacy acknowledges Daem’s right to view the account of the dues for its requests, and the pharmacy acknowledges Daem’s right to request an account statement
for all services that have been contracted for.
Article Six – Fees
1-6 Subscription Fees
Daem provides services with subscription fees, whether for the trial period or after the end of the free trial period, and this contract comes into effect from the date Daem receives the signed copy of the contract.
6-2 Line Operation Fees
Daem provides solutions for services and line operation in return for separate fees that the pharmacy pays directly or assigns Daem to pay on its behalf, and Daem collects them from him.
Article Seven – Trademarks and Intellectual Property Rights
The pharmacy acknowledges that Daem is the exclusive owner of Daem’s intellectual property rights, including trademarks, trade names, patents, design information, logos, packaging and marketing ideas developed under this Daem contract.
Article Eight – Marketing Terms
The pharmacy agrees to grant Daem the right to use the pharmacy’s name and trademark in marketing Daem’s services, or as a reference in its customer list.
The pharmacy also agrees to allow Daem to conduct surveys with the pharmacy’s customers in order to measure the efficiency and performance of customer service.
Article Nine – Contract Duration
The contract duration is one calendar year starting from the date of / /, and the contract is automatically renewed unless one party notifies the other party in writing of its desire not to renew at least (30) days before the expiration of the contract.
Article Ten – Termination
1-10 The contract may be terminated before the expiration of the term in the following cases:
A- The parties agree in writing to terminate.
B- By (30) days prior written notice from either party to the other party, without the need to notify it of the reason for termination.
C- By notice from the non-defaulting party in the event of the other party’s failure to perform any of its obligations arising from this contract, in the event that it is not addressed within (30) days of the non-defaulting party receiving a written notice of the breach from the non-defaulting party.
Article Eleven – Amendment and Waiver
This contract may not be amended or changed, whether by addition, deletion or change, except in writing and signed by both parties.
Neither party may delegate and/or waive any of its rights except after obtaining the prior written approval of the other party
Provided that this approval is not withheld without reasonable cause.
Article Twelve – Liability
1-12 Daem shall not be responsible for any loss or damage resulting from the pharmacy’s negligence, nor shall it be responsible for any dispute arising from the relationship
of the pharmacy with its employees.
2-12 The pharmacist or a representative of the pharmacy shall not be entitled to obligate the supporter to any amount or in any way contrary to what was agreed upon in the contract or impose any contractual or non-contractual liability on the supporter (with any other party).
Article Thirteen – Recording Calls
By this contract, the supporter shall notify the pharmacy that all incoming and outgoing calls may be recorded for quality and training purposes, as well as
Chat (WhatsApp – and all social media) and e-mail to avoid any disputes arising due to the call recording process. The pharmacy’s signature on this contract shall be considered an express consent from the pharmacy to record all calls.
Article Fourteen – Dispute Resolution and Applicable Law
1-14 This contract shall be subject to the provisions of Egyptian law in its implementation and interpretation, and any dispute, disagreement or claim