Founding Seller Agreement
Draft for legal review. This text is not final and may change before it takes effect. Details in [brackets] are filled in when the business is registered.
Version 0.1 (founding pilot). Last revised: [date].
This Founding Seller Agreement is between [Company legal name, added when the business is registered] (“we”, “us”, “Mosana”) and you, a seller we have invited to be one of the first on Mosana (“you”, “founding seller”). It adds to the Seller Terms, the Terms of Use, the Privacy Policy, the Refund and Dispute Policy and the Content Policy, which all still apply. Where this agreement says something different about the founding pilot, this agreement wins; on everything else, the Seller Terms do.
1. What this is
Mosana is new. We are opening it to a small group of sellers first, to learn together what works before we open to everyone. You are joining as a partner in that: you sell on Mosana as it is today, you tell us honestly what helps and what gets in the way, and we shape what comes next around what you need.
2. How long it lasts
- The founding pilot starts on the day you accept this agreement and runs for [six] months (“the pilot period”).
- At the end of the pilot period you carry on as a seller under the Seller Terms, keeping the founding benefits in section 4 for as long as they say.
- Either of us may end this agreement early on 14 days’ written notice (an email is enough). Ending it does not end your profile, which carries on under the Seller Terms unless that is ended too.
3. What you can sell during the pilot
- Digital products: books, courses, videos (including series and films), downloads and memberships.
- Physical goods, where we have switched them on for your profile.
- Everything you list must meet the Seller Terms and the Content Policy.
4. Founding benefits
- The same 6% commission every seller pays, and nothing more: 94% of each sale is yours, sent straight to your account. Founding sellers pay no premium for being first.
- No monthly or setup fee during the pilot, and first access, without charge, to any paid plan we introduce during the pilot period, for at least [three] months after it is introduced.
- A Founding Seller mark on your profile, which you keep for as long as you sell on Mosana.
- A direct line to the team. A named person you can reach, and an answer to what you raise within [two] working days.
- Early access to new features before they open to everyone.
5. Delivery during the pilot: you run your own
We intend to offer delivery through Mosana: collection from your door, vetted couriers and tracking buyers can follow. It is not ready yet, and we are designing it with you. Until we tell you in writing that it is available for your profile:
- You deliver your own physical orders. You choose how (in person, by a courier or a matatu parcel service, or by pick-up), you pack each order so it arrives in good condition, and you bear the cost and the risk of the item until it reaches the buyer.
- You tell the buyer what to expect. The delivery price, area and time you show on a listing are your promise. If you cannot meet them on an order, you tell the buyer through the order straight away.
- You keep the order up to date. You mark an order as sent when it leaves you and as delivered when it arrives, so the buyer can follow it.
- Lost, late or damaged parcels are handled under the Refund and Dispute Policy, with you responsible as the seller.
- When our delivery service is ready, you may choose to use it or keep delivering yourself. We will tell you its price and terms first; nothing changes for you without your agreement.
Digital products are delivered by Mosana the moment a payment is confirmed, as described in the Seller Terms.
6. What we ask of you
- Feedback. Take part in a short conversation with us about once a month during the pilot, and answer occasional short questions. Tell us honestly what is confusing, slow or missing.
- Report problems. Tell us promptly about anything that does not work, especially with payments, payouts and delivery.
- Fair dealing. Look after your buyers, keep your listings accurate, and do not take orders on Mosana to complete them elsewhere.
- Patience with change. Things will change during the pilot. We will tell you about changes that affect you before they happen wherever we can.
7. Things we share with you
During the pilot we may show you features that are not yet public, our plans, and figures about how Mosana is doing. Please keep these to yourself until we make them public. This does not stop you talking about your own sales, your own experience, or anything that is already public.
8. Your name and your story
With your permission, which you can give or refuse each time, we may mention you as a founding seller, quote what you tell us, or show your profile in our own marketing. You can ask us to stop at any time and we will, for anything not already printed or published.
9. No promises of sales
We will do our best to bring buyers to Mosana, but we cannot promise you any number of visitors, orders or earnings. Nothing in this agreement is a guarantee of income.
10. Your content stays yours
You keep everything you own in what you publish. You give us only the licence set out in the Terms of Use, to host, show, deliver and promote it. Ideas and suggestions you give us about Mosana itself we may use freely, without paying you for them; we will thank you for them.
11. Not a partnership in law
We use the word “partner” because we are building Mosana with you. In law, you are an independent seller and we are the operator of a platform. This agreement does not create an employment relationship, a legal partnership, a joint venture or an agency, and neither of us can bind the other.
12. General
- Kenyan law governs this agreement. Disputes go first to a conversation between us, then to mediation, and then to the courts of Kenya.
- If any part of this agreement cannot be enforced, the rest still applies.
- We may update this agreement for the founding pilot only with your agreement, except for changes the law requires.
- Notices go to the email address on your account, and to us at [general contact email].
Founding seller: [name], for [business or profile name] Accepted on: [date] For [Company legal name, added when the business is registered]: [name, title]