Customer Agreement
This Commercial Agreement ("Agreement") is entered into as of the date of the submission, (the "Effective Date"), by and between:
Customer's company with the information provided in the submission included but not limited to Company, VAT and Address
BSH Aero on behalf of Xolo Go OÜ with Reg. no: 14717109, and VAT EE102156920, with its principal place of business at [Kalasadama tn 4, 10415, Tallinn, Estonia] (herein after referred as BSH Aero).
RECITALS:
WHEREAS, Customer operates a business with the need of aeronautical engineering services or products.
WHEREAS, BSH Aero operates a business focused on connecting customers with a variety of providers, under a single network. The aim of this network is to facilitate the RFQ process for the customer providing him multiple quotations from different suppliers in a unique sheet so the customer can choose the option that suits him best.
NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties hereto agree as follows:
1 Non-Compete & Good Faith Agreement:
1.1 Good Faith: If BSH Aero connects the Customer with the providers, the Customer agrees not to engage in any activities intended to transact directly with the provider for that project.
1.2 In the event that the provider initiates direct contact with the Customer for the identical project after being this already requested to BSH Aero, the customer is obligated to respectfully decline the provider’s proposal, as the request has already been issued to BSH Aero.
1.3 BSH Aero commits to impartially treat all providers, ensuring there is no favoritism or unfair advantage when dealing with customers.
1.5 The customer commits to actively cooperate and engage in all activities with good faith and integrity
2 Price Confidentiality:
2.1 Non-Disclosure: the Customer shall not, under any circumstances, disclose the prices provided in the Unique Sheet to any other organization that may be competing with the services proposed.
3 Marketing and Promotion:
3.1 Cooperative Efforts: the Customer and BSH Aero agree to collaborate on marketing and promotional activities aimed at expanding the commercial network.
3.2 Both Customer and BSH Aero mutually grant permission to feature each other's branding elements, including but not limited to logos and names, on their respective websites and social media platforms for marketing purposes respecting the non-disclosure and delicate information.
3.3 Both Customer and BSH Aero mutually grant permission to showcase collaborative projects on their respective websites and social media platforms for marketing purposes respecting the non-disclosure and delicate information.
4 Data Sharing:
4.1 Data Exchange: Both parties agree to share relevant customer and provider data as necessary for the effective operation of the commercial network and fulfillment of customer’s requests, while respecting data privacy laws, regulations and the clauses of this agreement.
5 Dispute Resolution:
5.1 Dispute Resolution: In the event of any disputes arising under this Agreement, both parties agree to engage in good faith negotiations to resolve such disputes amicably. If disputes cannot be resolved through negotiations, they shall be subject to mediation or arbitration in accordance with the laws of Estonia.
6 Confidentiality and Non-Disclosure:
6.1 Confidentiality: Both parties must maintain the confidentiality of all non-public information shared between them in the course of this commercial partnership, including but not limited to customer, BSH Aero and provider information.
7 Governing Law:
7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Estonia.
8 Term and Termination:
8.1 Term: This Agreement shall commence on the Effective Date and continue in full force and effect unless terminated by either party in accordance with Section 8.2.
8.2 Termination: Either party may terminate this Agreement at any time, with or without cause, by providing written notice of 30 days to the other party.