THIS AGREEMENT is made on this _____ day of _____________, 20
BETWEEN:
MILLENNIA IMMIGRATION & VISA ADVISORY SERVICES, a professional consultancy registered under the laws of the Republic of Kenya, with its principal office at Nyali, Mombasa (hereinafter referred to as the “Service Provider”);
AND
[CLIENT FULL NAME], a resident of [City, Country of Residence], holding Passport No. [Passport Number] / KRA PIN [KRA PIN, if applicable] (hereinafter referred to as the “Client”).
1. Scope of Services
The Service Provider agrees to deliver Diaspora Project Management & Relocation Services to the Client as explicitly detailed in Annexure A: Statement of Work (SOW) attached to this Agreement. These services may include, but are not limited to, land acquisition due diligence, independent construction oversight, and returnee relocation logistics.
2. Limited Administrative Authority & Power of Attorney (PoA)
To facilitate the services, the Client agrees to execute a Limited Power of Attorney (PoA) in favor of the Service Provider.
- Permitted Scope: The PoA shall strictly be limited to administrative functions, including conducting official land registry searches, filing regulatory submittals (e.g., NEMA, County Approvals), processing KRA/KEBS documentation, and coordinating with licensed third-party vendors (surveyors, architects).
- Explicit Exclusions: The Service Provider holds no authority to sell, transfer, encumber, lease, or liquidate any property or asset owned by the Client. The Service Provider holds no authority to withdraw or transfer funds from the Client’s personal bank accounts.
3. Financial Ring-Fencing & Escrow
- All capital designated for property purchase or construction shall be held in a legally recognized Escrow account or a designated secure client trust account, separate from the Service Provider’s operational funds.
- Funds shall only be disbursed in tranches upon the verifiable completion of agreed-upon milestones, signed off by the Service Provider and approved by the Client via a digital dashboard or formal email.
4. Reporting & Communication Deliverables
The Service Provider commits to the following reporting rhythm:
- Bi-Weekly Site Flash Updates: High-resolution digital media (photos/video) of physical progress.
- Monthly Comprehensive Reports: Delivered by the 5th of every month, detailing actual vs. planned timelines, material consumption, and contractor compliance.
- Financial Reconciliation: A monthly budget variance analysis accompanying all milestone payment requests.
5. Fees and Milestone-Based Payment
- The Client agrees to compensate the Service Provider according to the fee structure defined in Annexure A (either a Fixed Retainer or Milestone Percentage Model).
- For milestone-based projects, the Service Provider shall issue an invoice only upon the verified completion of a specific project phase. The Client shall remit payment within seven (7) business days of invoice receipt.
6. Term and Milestone-Based Termination
- Term: This Agreement commences on the date of signing and shall remain in effect until the final milestone defined in Annexure A is completed and handed over.
- Termination for Convenience (Milestone Exit): Either party may terminate this agreement without cause upon the completion of any active milestone, provided thirty (30) days’ written notice is given.
- Termination for Cause: Either party may terminate this agreement immediately in writing if the other party breaches any material term and fails to remedy the breach within fourteen (14) days of receiving notice. Upon termination, the Service Provider shall immediately surrender all project files, original title documents, and progress reports to the Client.
7. Confidentiality
Both parties agree to treat all financial data, architectural designs, investment strategies, and personal identification documents shared during this engagement as strictly confidential. This information shall not be disclosed to any third party without explicit written consent, except where required by Kenyan law.
8. Alternative Dispute Resolution (ADR)
Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, or invalidity, shall be handled strictly outside of public litigation to preserve confidentiality and efficiency:
- Good-Faith Negotiation: The parties shall first attempt to resolve the matter amicably through direct negotiation within thirty (30) days.
- Corporate Mediation: If unresolved, the dispute shall be referred to formal, structured corporate mediation facilitated by an accredited neutral mediator in Kenya.
- Arbitration: Should mediation fail, the matter shall be finally settled under the rules of arbitration governed by the Nairobi Centre for International Arbitration (NCIA). The seat of arbitration shall be Mombasa, Kenya.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
IN WITNESS WHEREOF, the Parties hereto have executed this Service Level Agreement on the date first above written.
For the Service Provider: Millennia Immigration & Visa Advisory Services Signature: _______________________ Name: Elizabeth Wambui Mumbi Title: Director / Lead Consultant Date: _______________________
For the Client: Signature: _______________________ Name: _______________________ Date: _______________________