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Tag: Neftaly agency

Neftaly is a Global Solutions Provider working with Individuals, Governments, Corporate Businesses, Municipalities, International Institutions. Neftaly works across various Industries, Sectors providing wide range of solutions.

Neftaly Email: sayprobiz@gmail.com Call/WhatsApp: + 27 84 313 7407

Written by

Neftaly Vutisani Malatjie

in

  • Neftaly Pan-African Exclusive Agency Agreement

    This agreement sits above distributor level and gives Neftaly strategic agency authority across Africa for market control, negotiations, and project origination.

    PAN-AFRICAN EXCLUSIVE AGENCY AGREEMENT

    Strategic Commercial Representation for Africa

    This Pan-African Exclusive Agency Agreement (“Agreement”) is entered into on this ___ day of __________ 20___

    BETWEEN

    TOPAK POWER TECHNOLOGY

    A company duly incorporated under the laws of its country of registration
    (hereinafter referred to as “TOPAK”, “Principal”, or “Manufacturer”)

    AND

    NEFTALY CORPORATE

    A company duly registered in the Republic of South Africa
    (hereinafter referred to as “NEFTALY”, or “Exclusive Agent”)

    TOPAK and NEFTALY shall collectively be referred to as “the Parties.”

    1. PURPOSE

    The purpose of this Agreement is to appoint Neftaly Corporate as the Exclusive Pan-African Commercial Agent responsible for developing, managing and executing commercial opportunities for Topak Power Technology throughout Africa.

    2. APPOINTMENT OF EXCLUSIVE AGENT

    TOPAK hereby appoints NEFTALY as its:

    ✅ Exclusive African Commercial Agent
    ✅ Strategic Market Development Agent
    ✅ Government & Institutional Liaison
    ✅ Project Origination Authority
    ✅ Sales and Commercial Negotiation Agent

    NEFTALY accepts such appointment.

    3. TERRITORIAL SCOPE

    The Agency Territory includes:

    • South Africa
    • Southern Africa (SADC)
    • East Africa
    • West Africa
    • Central Africa
    • North Africa

    Collectively referred to as “African Territory.”

    4. EXCLUSIVITY

    During the Agreement term:

    • TOPAK shall not appoint another agent within Africa.
    • All African commercial inquiries shall be routed through NEFTALY.
    • Direct negotiations within Africa require NEFTALY participation.
    • Parallel agency arrangements are prohibited.

    5. AUTHORITY OF NEFTALY

    NEFTALY is authorized to:

    • Promote Topak technologies
    • Identify and develop projects
    • Engage governments and utilities
    • Participate in tenders
    • Conduct commercial negotiations
    • Recommend distributors and installers
    • Establish regional agency offices
    • Coordinate project execution partners

    Final contract execution remains subject to TOPAK approval unless delegated.

    6. AGENCY FUNCTIONS

    6.1 Market Development

    • African market expansion
    • Opportunity identification
    • Client acquisition

    6.2 Government Engagement

    • Ministry engagement
    • PPP negotiations
    • Infrastructure partnerships

    6.3 Commercial Representation

    • Bid preparation
    • Proposal submissions
    • Commercial structuring

    7. COMMISSION & COMPENSATION

    NEFTALY shall receive:

    • Agency commission on sales
    • Project development fees
    • Success fees
    • Retainer arrangements (where applicable)

    Commercial structure defined under Schedule A.

    8. NON-CIRCUMVENTION

    TOPAK agrees not to:

    • Bypass NEFTALY clients or introductions
    • Engage directly with African clients introduced by NEFTALY
    • Establish direct competing channels

    Protection applies during the Agreement and 24 months thereafter.

    9. RESPONSIBILITIES OF TOPAK

    TOPAK shall:

    • Provide technical support
    • Supply product documentation
    • Maintain manufacturing standards
    • Support project execution
    • Provide training and marketing support

    10. BRAND & INTELLECTUAL PROPERTY

    All intellectual property remains owned by TOPAK.

    NEFTALY receives authorized agency usage rights within Africa.

    11. REPORTING

    NEFTALY shall provide:

    • Quarterly activity reports
    • Opportunity pipeline updates
    • Market intelligence feedback
    • Government engagement summaries

    12. PERFORMANCE REQUIREMENTS

    Exclusivity remains subject to:

    • Active market engagement
    • Opportunity development
    • Agreed performance indicators

    Performance metrics defined in Schedule B.

    13. TERM

    Initial term:

    Ten (10) Years

    Automatically renewable subject to performance compliance.

    14. TERMINATION

    Termination permitted upon:

    • Material breach
    • Persistent non-performance
    • Insolvency
    • Regulatory violations

    Minimum 180 days written notice required.

    15. CONFIDENTIALITY

    All commercial, financial and strategic information shall remain confidential for 5 years after termination.

    16. FORCE MAJEURE

    Neither Party liable for delays caused by events beyond reasonable control including:

    • Political instability
    • Government restrictions
    • Trade disruptions
    • Natural disasters

    17. GOVERNING LAW

    This Agreement shall be governed by:

    The Laws of the Republic of South Africa

    Disputes resolved through negotiation, mediation, and arbitration.

    18. OFFICIAL COMMUNICATION

    Authorized Agency Communication Representative:

    Saki Kweba
    Pan-African Strategic Communications
    Neftaly Corporate

    19. ENTIRE AGREEMENT

    This Agreement constitutes the full agency understanding between the Parties.

    20. SIGNATURES

    FOR TOPAK POWER TECHNOLOGY

    Name: __________________________
    Title: __________________________

    Signature: _______________________
    Date: ___________________________

    FOR NEFTALY CORPORATE

    Name: Neftaly Malatjie
    Title: Chief Executive Officer

    Signature: _______________________
    Date: ___________________________