Partner Terms
Draft for legal review. A signed partner agreement, where there is one, takes priority over these terms.
These terms apply between WaterPAP Solutions ("WaterPAP", "we", "us"), and each transport company that delivers orders for WaterPAP ("partner", "you"), including through the partner portal and the WaterPAP Driver app. By signing up, using the partner portal or accepting orders you accept these terms and our Partner Privacy Policy.
1. The relationship
You are an independent contractor, not an employee, agent or partner in law of WaterPAP. You employ or engage your own drivers and driver assistants ("crew") and are responsible for their pay, statutory deductions, conduct and safety. There is no guarantee of a minimum number of orders.
2. Eligibility and onboarding
- You must be a registered business or individual with a valid KRA PIN and eTIMS invoicing.
- Each truck must be roadworthy, inspected, licensed and comprehensively insured, with any county and NTSA permits the work requires. Water trucks must carry only clean water; exhauster trucks must be licensed for waste and dispose of it only at approved sites in line with NEMA requirements.
- For each driver you must provide their national ID, a valid driving licence of the right class, and a current certificate of good conduct; for each driver assistant, their national ID and a certificate of good conduct. You upload these in the partner portal.
- WaterPAP may approve or decline any truck or crew member, and only approved crew may carry out WaterPAP orders. Keep documents up to date and tell us at once if a licence expires or is suspended, or circumstances change.
3. Orders
- Orders are offered to your approved drivers through the WaterPAP Driver app. The first driver to accept an order takes it; a driver may reject an order they can't do.
- Once accepted, the driver must carry it out promptly and record each step in the app: accepted, arrived at the water point (water deliveries), on the way, and delivered. Mark an order delivered only when it has been completed.
- If an accepted order can't be completed, tell WaterPAP immediately so the customer can be served.
4. Service standards
- Deliver the full quantity ordered, from approved water sources, in clean tanks used only for potable water.
- Crew must be courteous, professionally presented, sober, and follow customers' reasonable site instructions and access notes.
- Drive safely and lawfully, and follow all health, safety and environmental rules.
- Do not ask customers for extra payment, tips as a condition of service, or cash for orders WaterPAP bills, unless WaterPAP tells you to collect it.
- WaterPAP may monitor delivery times and customer feedback, and may suspend crew or trucks that fall below these standards.
5. Pay and invoicing
- For each truck delivered, you earn the partner rate shown in the partner portal for that order (the 3PL cost) plus your share of any floor charge.
- Invoice for delivered trucks through the partner portal with a valid eTIMS invoice. WaterPAP pays approved invoices to your registered account.
- WaterPAP may withhold pay for a truck while a complaint, short delivery or damage claim about it is looked into, and will give you the reason in the portal. Pay for deliveries not completed, or completed in breach of these terms, may be reduced or refused.
- You are responsible for your own taxes.
6. Customers and confidentiality
- Customers you serve through WaterPAP are WaterPAP's customers. While these terms apply and for 12 months after, you must not approach them to offer the same services directly or through anyone else.
- Use customer data only to carry out the order. Keep it confidential and secure, don't copy or keep it longer than needed, and report any loss or misuse to WaterPAP at once. You process it on WaterPAP's behalf under the Kenya Data Protection Act, 2019.
- Keep WaterPAP's prices, systems and business information confidential.
7. Insurance and liability
- Keep in force comprehensive motor insurance, goods-in-transit cover where relevant, work injury benefits cover for your crew, and public liability insurance, and show proof on request.
- You are responsible for loss or damage caused by you, your crew or your trucks, including to customers' property, and will indemnify WaterPAP against claims arising from them.
- WaterPAP's liability to you is limited to amounts due for completed deliveries, except where the law does not allow a limit.
8. Accounts and apps
Keep partner portal passwords and driver PINs secret; each driver uses only their own sign-in. Remove crew from the portal as soon as they stop working for you. Don't misuse or interfere with WaterPAP's systems.
9. Suspension and ending
- Either side may end the partnership with 14 days' written notice.
- WaterPAP may suspend or end it immediately for serious breaches, including unsafe conduct, fraud, delivering unclean water, improper waste disposal, poaching customers or misusing data.
- Pay for deliveries completed properly before the end remains payable. Confidentiality and non-solicitation continue after the end.
10. General
WaterPAP may update these terms with 14 days' notice in the partner portal or by email; continuing to accept orders means you accept the update. These terms are governed by the laws of Kenya, and disputes that can't be resolved between us go to mediation in Nairobi, then the courts of Kenya.
11. Contact
WaterPAP Solutions. Partnerships: +254 798 844 488, email info@waterpap.com.