New Consultants Terms & Conditions
Independent Likisma Consultant Agreement General Terms and
Conditions
The definition of Consultant includes all self-employed independent Likisma
Consultants including Consultants advanced up the career plan to Team
Consultant, Manager and Director Levels.
As a Likisma Consultant I understand and agree:
1. To maintain the highest standards of integrity, honesty and responsibility
in dealings with the Company, Consumers and other Consultants. To present
Likisma products in a truthful and sincere manner and hold the Company
harmless from damages resulting from misrepresentations by me.
2. To protect the Likisma trademarks and trade name by obtaining the
Company's written permission prior to advertising, including but not limited
to the Internet, or literature other than Company-published material.
3. Not at any time to register or use as a domain name on the Internet any
of the Trade Names or word likely to be confused with the trade name or trade
mark without the approval in writing from the Company.
4. Not at any time to register or publish material on the Internet concerning
the Likisma business without the approval of the Company.
5. As an independent contractor to assume sole liability for all selfemployment,
income taxes and other reports required by my activities and
abide by all laws governing my business.
6. To purchase the Starter Kit and all products only from the Company and
its chosen representatives. All orders submitted shall be accompanied by cash,
credit card/debit payment or guaranteed cheque (drawn on Consultants
account, cheques cannot be accepted by the Company from the consumer).
7. Consultants are independent contractors, and are not joint venturers or
Franchisees, Partner, Agent or Employee of the Company. Consultants have no
power or authority to incur any debt, obligation or liability on behalf of the
Company.
8. The Consultant will present the Likisma career plan in a truthful and
sincere manner and ensure that any prospective Consultant recruited is 18
years or more and receives the materials needed.
9. The Company reserves the right to assure continued service to
Consultants’ Customers if they cease to be an active Consultant.
10. The Company may release Consultants names and telephone numbers in
response to a Customer's request for a Consultant. Consultants must notify the
company in writing if they do not agree to this being released.
11. The Company reserves the right to change, and Consultants should
comply with, any changes to the General Terms and Conditions of the
Consultant Agreement that may be made by the Company.
12. The Consultant must abide by the entire agreement.
13. Consultants will, as independent contractors incur the cost of any necessary
transportation, telephone and sundry expenses at their own discretion.
14. Consultants are able to delegate responsibility to another registered
Likisma Consultant.
15. This agreement must be signed and completed and will not be considered
valid without cleared payment.
Likisma Presentations Ltd. ("Company") understands and agrees:
1. To allow discount as per the career plan. The discount does not apply to
literature and sales aids for which a separate order form will be issued.
2. To pay a bonus at the end of the promotional period in relation to the
current career plan.
3. A new Consultant will be added to the genealogy based on the licence
date and will remain active providing they have placed the minimum order in
a rolling 6 Month period. If this is not the case the Consultant will become
inactive and will not count toward the career plan for upline bonuses. Once a
Consultant has gone inactive their downline Consultants will go frontline to
the next active Manager or Director.
4. A Consultant can be reinstated to active status if within twelve months of
inactivity they submit a minimum order, however any downline Consultants
moved front level to the next active Manager or Director will remain with that
Manager or Director.
5. The company may change the suggested retail prices, discounts,
commissions, transportation charges, promotional rules, and active status
requirements at any time. The Company will give at least 10 days prior written
notice which may include notice by posting on the Company
Web Site(s). There is no geographical territory restriction concerning sales or
recruiting within Likisma Presentations.
Termination
1. The Consultant has the right, within 14 days of making it, to cancel this
agreement (and to recover monies paid) by giving written notice to the
Company. Upon cancellation the Consultant will be entitled to a complete
refund in respect of goods purchased by themselves from the Company (or
from any other participant in the scheme) provided that those goods remain
unsold by the Consultant, are in the same condition as supplied (except that the
external wrappings may be broken) and are returned to the Company within
14 days of the making of the agreement. If the Starter Kit and/ or product is
returned with accompanying written termination after the cancellation period
but within one year, providing it is returned complete and unused, the
Company will repurchase such Starter Kit and product at 90% of the
Consultants net cost. Shipping will be at Consultant cost.
2. The Company reserves the right, for any reason, to terminate this
agreement immediately by giving the Consultant written notice within 14 days
of the date of this agreement. At any time after 14 days from the making of this
agreement, either party may terminate this agreement by giving to the other
not less than 14 days written notice. Notice of termination shall be given to the
other party at the latter's latest address, either that given on this agreement or
such other address subsequently notified in writing to the terminating party.
3. If the contract is terminated by the Company, or after the first 14 days,
by the Consultant, the Consultant has the following rights (a) you will incur no
future contractual obligations under the agreement; (b) you will have the right,
within 21 days of the termination, to return to the Company at its latest address
all products purchased by you from the Company within the 90 days prior to
the termination and to recover from the Company the (VAT inclusive) price
paid by you for them, less a reasonable handling charge and, in the case of
goods which have deteriorated because of your own fault, less an amount to
reflect their resulting diminution in value (these deductions will not be made
where the company terminates the contract); (c) where the Company
terminates the agreement, the company will refund your reasonable carriage
costs in returning the products. In addition, after termination, you will have the
right (in accordance with, and subject to, the terms set out in the Code of
Business Practice of the Direct Selling Association) to return and claim a
partial refund for products which you purchased more than 90 days and up to
one year prior to termination and which remain unsold by you.
4. On termination of this Consultant Agreement the Consultant will not, for
a period of six months thereafter, approach any customer of Likisma, Likisma
Consultants (including Managers and Directors), for the purposes of selling
products which are similar to or competitive to the products supplied by
Likisma anywhere within the territory in which they performed their business.
Further, not for a period of six months, offer employment or self-employment
to any Consultant, Manager, Director or Employee of the Company.
General
1. Registration will be confirmed in writing via E-mail by the Company
with accompanying PAN (personal authorisation number).
2. Any promotion on the career plan will become effective the Month after
the required level was reached.
3. If in subsequent Months the qualification is not reached your status
remains but overrides and royalties will only be paid in respect of volumes
reached.
4. When promoting out a Team Consultant, Manager or Director a 3-Month
grace period applies to team qualification levels.
5. The Consultant agrees that the decision to enter into this Agreement has
been taken on personal judgement and acknowledges that no representation,
warranty, inducement or promise, express or implied, has been made or relied
upon in entering into this Agreement.
6. Commissions and bonuses paid to the Consultant may be retained by the
Consultant even after termination of the agreement, except that after
termination of the agreement the Company may reclaim payment of any
commissions and bonuses paid to the Consultant in respect of goods returned
(under clause Termination 1 above). No commission or bonus will be
reclaimable by the Company more than 120 days after it was paid.
7. It is agreed between the parties that the restrictions contained within this
Agreement are reasonably necessary for the protection of the Trade Name and
Trade Mark and does not unreasonably interfere with the freedom of action of
the Consultant and that all such provisions are fair and reasonable. If any
provision of this Agreement is declared by any judicial or other competent
authority to be void, violable or otherwise unenforceable the remaining
provisions of this Agreement shall remain in full force and effect.
8. Likisma supplies Essential Oils, Blends, Natural Body Care Products
and related Accessories.
9. The Consultant will abide by the requirements of the DSA Code of
Practise.