Terms & Conditions of Use
THIS AGREEMENT is made
- Customer(the “Buyer”); and
- Ayun For Engineering Solutions Company of (the “Service Provider”),
collectively referred to as the “Parties”.
By installing or using any version of Service Provider’s Software or Hardware, Buyer agrees to be bound by the terms and conditions of this agreement.
If Buyer does not agree to this agreement, Buyer may not install or use Service Provider’s Software or Hardware.
1. Key Terms
The Service Provider shall provide the following services to the Buyer in accordance with the terms and conditions of this Agreement:
- Online Tracking System Platform, which gives the ability to locate and track GPS enabled devices.
- SIM card which owned by the Service Provider only, will be ensured that it is recharged in a timely manner.
- Emergency support within 24 hours in Salalah and Muscat only
- Historic data will be saved for a minimum of three months (90 Days)
The buyer hereby declares that all his vehicles that are fixed with the GPS tracking device and being tracked by the Service Provider system are not private individual vehicles, and all vehicles are for company or government use only. The buyer agrees that it is only his own responsibility to ensure that all drivers informed before and after installation of the GPS tracking device that vehicles are fixed with GPS tracking device. The buyer undertakes to not sold, trade-in or otherwise transfer the vehicle to another party without first removing the GPS tracking device and inform the Service Provider.
- Delivery of the service will be within 7 business days from receipt of LPO.
- Start date: The Service Provider shall commence the provision of the Services after receipt of payment.
- Completion date: The Service Provider shall cease to provide the Services at the end of subscription period [ as per received invoice]
- Transportation out of Muscat and Salalah will be borne by the customer including accommodation fees.
The Service Provider shall provide the Services at Oman and Sudan Only.
- As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services is [ as per the quotation].
- The Price are exclusive of any value added tax “VAT”. If VAT becomes applicable at any future date to the services or prices, the relevant charge will be payable by the Buyer.
The payment terms and conditions for the Service Fee payable to Ayun Company are specified on the Ayun Company invoice. (Due on Receipt)
1.6.1 Late Payment Penalty
If any invoice is not paid within ninety (90) days of the date when due, The buyer agrees to pay and will be obligated to pay as additional Percentage Compensation for that month an amount equal to ten percent (10%) of the amount otherwise payable. Applicable on all invoices after 31 of July 2021.
1.6.2 Debt Collection
The Buyer acknowledges and agrees that The Service Provider may appoint any person as its agent (“debt collection agent”) to collect any amount due by the Buyer to The Service Provider under the Agreement and the Buyer shall be responsible for all costs and expenses which may be incurred by The Service Provider for that purpose on each occasion. Further, The Service Provider shall have, and The Buyer admits and agrees that The Service Provider does have the right to disclose to debt collection agency any of The Buyer’s personal data for that purpose on any occasion.
1.7 DISCLAIMER OF DAMAGES
Notwithstanding anything in this Agreement to the contrary, in no event shall either Party be liable to the other under any theory, including negligence, for any indirect, incidental, consequential, special or exemplary damages or lost profits, where a Party is not liable to any other Party or Member in any action or claim for Economic Harm, irrespective of any foreseeability of that harm.
2. General terms
2.1 Intellectual Property Rights
Service Provider will retain all interest in and to the Services, including all documentation, modifications, improvements, upgrades, derivative words, and all other Intellectual Property rights in connection with the Service, including Service Provider’s name, logos. and trademarks reproduced through the Service.
Warranty covers only the GPS tracking device fixed by authorized technicians and workshops by Ayun Company as below:
- The warranty covers the GPS enabled tracking devices only and it is valid as per lease period from the date of installation, does not include the backup batteries.
- Delayed renewal of the contract more than 30 days will cost 50% of devices cost to extend the warranty.
- The warranty will be considered null and void after Completion date.
2.3 Limitation of liability
- Any Tampering and abuse, the warranty will be considered null and void.
- Any unauthorized personnel whom handle the device such as dismantle, reinstall or performs both will be considered as tempering the device by default without the concern of The Service Provider.
2.4 Term and Termination
- This Agreement shall be effective on the date hereof and shall continue until the Completion Date.
- Early termination of contract will result in the customer paying The Service Provider for the remaining duration of the contract at the agreed rate [ as per the invoice ] /month or /year per Unit.
- Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
- The Service Provider has the right to disable the service after the third warning of late payments.
- In the event of cancellation of a Retreat due to ‘Force Majeure’ and failures beyond its control, the Service Provider will not be held liable for any retreat related expenses or any loss incurred by the Buyer. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors.
2.5 Relationship of the Parties
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or published in this page or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
- Update this page
- or First class post, 2 days from the date of posting;
- or Hand or by facsimile transmission, on the date of such delivery or transmission; and
- or E-mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
- or throughout social media channels including WhatsApp
Ayun Company may change this agreement at any time for any reason by posting the modified agreement on website.
a) The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
b) If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
c) Neither Party shall assign or transfer all or any part of its right sunder this Agreement without the consent of the other Party.
d) This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
e) Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion, industrial dispute, Internet service providers (ISP) failure or Power companies failure.
f) This Clause 2.9(f) and Clauses 1.6, 1.6.1, 1.6.2, 2.3, 2.5, 2.6, 2.7, 2.8 and 2.9 of this Agreement shall survive any termination or expiration.
g) This Agreement shall be governed by the laws of the jurisdiction in which the Buyer is located (or if the Buyer is based in more than one country, the country in which its headquarters are located) (the ”Territory”) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
h) The Service Provider never guarantees recovery or safety or compensation for the stolen vehicle. The tracking system being an on-board device, should only be considered a part of an overall solution, as it could at anytime may malfunction due to bumpy or broken roads and frequent disruptions in the GPS, GSM, GPRS, 3G, 4G or 5G network; i.e. short closures, failing signals etc., intentional damage or cut off wiring, over which may lead to loss of a vehicle. It is therefore advisable to insure the vehicle to cover any loss including accidents, and theft through insurance companies, as well as theft of parts.
i) Replacing unit to another vehicle will be charged at 15 Omani Rial per unit or what is equivalent in Buyer currency
j) Buyer understands and agrees that the System does not belong to Buyer and that the System belongs to Service Provider.
k) SIM cards will remain the property of Ayun Company.
l) Buyer agrees that Service Provider is not responsible for any incidental or consequential damages relating to or arising from the use of the System in any manner described in this Agreement.
m) Decision to immobilize vehicle will be responsibility of the Buyer Only and any other use for the GPS enabled tracking devices will be Buyer’s responsibility only.
n) Liability Disclaimer: A Party is not liable to any other Party or Member in any action or claim for Economic Harm, irrespective of any foreseeability of that harm.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.
Last update [July, 15, 2021]