Terms & Conditions of Use

THIS AGREEMENT is made
BETWEEN

1. Buyer, System User, Customer referred as(the “Customer”); and
2. Ayun For Engineering Solutions Company of (the “Service Provider”),

collectively referred to as the “Parties”.

Policy statement: 

1. Key Terms

1.    Key Terms
1.1    Services

The Service Provider shall provide the following services to the Customer in accordance with the terms and conditions of this Agreement:
1.1.1    Online Tracking System Platform, which gives the ability to locate and track GPS enabled devices.
1.1.2    SIM cards, which are owned by the service provide, shall be recharged in a timely manner.
1.1.3    Emergency online support within 12-24 hours. 
1.1.4    Historic data shall be saved for a minimum period of three months (90 Days)

1.2    Undertaking

1.2.1    The Customer hereby declares that all his vehicles, which are fixed with the GPS tracking device and being tracked by the Service Provider system, are not private individual vehicles, and that all vehicles are for company or government use only. The Customer agrees that it is only his own responsibility to ensure that all drivers are informed before and after installation, that vehicles are fixed with GPS tracking device. The Customer undertakes not to sell, trade-in or otherwise transfer the vehicle to another party without first removing the GPS tracking device and informing the Service Provider.

1.3    Delivery

1.3.1    The service provider shall deliver the service within 7-14 business days from receipt of LPO.
1.3.2    Start date: The Service Provider shall start the Services on receipt of the service provider’s invoice, delivery note, system registration notice delivered by What’s App or email.
1.3.3    Costs incurred by the service provider in the course of Emergency support, including accommodation, shall be borne by the customer.
1.3.4    Service provider shall continue the service automatically, unless the service provider receives written notice as per clause 2.7 from the customer at least one month of the expiry date of his intention not to renew the Service.

1.4    Price and service charge

1.4.1    As consideration for the provision of the Services by the Service Provider, the charge for the provision of the Services is [ as per the quotation].
1.4.2    The charges and prices are exclusive of any value added tax “VAT”. If VAT becomes applicable at any future date to the services or prices, the V.A.T charge will be payable by the Customer

1.5    Payment

1.5.1    The payment terms and conditions for the price and Service charge payable to the service provider are specified on the service provider’s invoice. (Due on Receipt)

1.6    Late Payment Penalty

1.6.1    If any invoice is not paid within ninety (90) days of the due date, the Customer undertakes to pay additional Percentage as 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     In the event of non-payment, the serves provider may inform the relevant governmental and non-governmental authorities of its withdrawal of the tracking system certificate such a

1.7    Debt Collection

1.7.1    The Customer acknowledges and agrees that the Service Provider may appoint any person as its agent (“debt collection agent”) to collect any amount due by the Customer to The Service Provider under the Agreement and the user shall be responsible for all costs and expenses which may be incurred by The Service Provider for that purpose on each occasion.

1.8    DISCLAIMER OF DAMAGES

1.8.1    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 in any action or claim for Economic Harm, irrespective of any foreseeability of that harm.

2    General terms

2.1    Intellectual Property Rights

2.1.1    Service Provider shall 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.
2.1.2    Service Provider shall retain exclusive interest in and ownership of its Intellectual Property rights in and to the Software and expressly reserves all rights not expressly granted under this agreement

2.2    Warranty

2.2.1    Warranty covers only the GPS tracking device fixed by the service provider workshop or any authorized technician as below:
2.2.1.1    The warranty covers the GPS enabled tracking devices only and it is valid as per lease or subscription period from the date of installation, does not include the backup batteries.
2.2.1.2    If the equipment’s went offline for more than sixty (60) days and the customer fails to arrange for maintenance by the service provider, the warranty shall be considered null and void.
2.2.1.3    The warranty shall be considered null and void after the expiry of the service period. (The agreement)

2.3    Limitation of liability

2.3.1    Any Tampering and abuse, the warranty will be considered null and void.
2.3.2    Any unauthorized personnel who handle the device such as dismantle, reinstall, or performs both will be considered as tempering the device by default without the concerned of The Service Provider. 
2.3.3    Misuse of SIM cards shall result in service disabling and or the financial implications of such misuse shall be the responsibility of the Customer Only. 

2.4    Term Termination

2.4.1    Early mutually agreed termination of the Agreement will result in the Customer paying the Service Provider for the remaining duration of the Agreement or [ as per the invoice] at the agreed rate [ as per the invoice] per month or per year per Unit.
2.4.2    Such termination 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.
2.4.3    The Service Provider has the right to disable or limits the service after the third warning of late payments.

2.5    Force Majeure

2.5.1    In no event shall the service provider be liable or responsible for any failure or delay in the performance of its obligations arising out of or caused by direct or indirect forces beyond its controls including but not limited to acts of God, natural disaster, civil or military unrest, work interruptions, loss or malfunctions of utilities, internet service provider (ISP) power services, communications or computer ( software or Hardware) . the service provider shall make reasonable efforts to restore the service as soon as possible under the circumstances.

2.6    Relationship of the Parties

2.6.1    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.

2.7    Confidentiality

2.7.1    Neither Party shall 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 shall 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.

2.8    Notices

2.8.1    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:
2.8.1.1    Update this page
2.8.1.2    or First-class post, 2 days from the date of posting.
2.8.1.3    or Hand or by facsimile transmission, on the date of such delivery or transmission. 
2.8.1.4    or E-mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
2.8.1.5    or throughout social media channels including WhatsApp

2.9    Changes

2.9.1    The Service Provider shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

2.10    Miscellaneous

2.10.1    The failure of either party to enforce its rights under this Agreement at any period shall not be construed as a waiver of such rights.
2.10.2    If any part, term, or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
2.10.3    Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
2.10.4    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.
2.10.5    This Clause 2.10.5 and Clauses 1.6, 1.6.1, 1.6.2, 1.7, 1.7.1, 1.8, 1.8.1, 2.2.1.3, 2.3, 2.5, 2.6, 2.7, 2.8 2.9 and 2.10 of this Agreement shall survive any termination or expiration.
2.10.6    In the event of dispute, the parties shall, in the onset, endeavor to solve it amicably or by resort to the relevant Laws and regulations of the country of operation (Oman).
2.10.7    This Agreement shall be governed by the laws of the jurisdiction in which the customers   is located (or if the Customer   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. 
2.10.8    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 any time 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 ensure the vehicle to cover any loss including accidents, and theft through insurance companies, as well as theft of parts.
2.10.9    Replacing unit to another vehicle will be charged at 15 Omani Rial per unit or the equivalent in customer currency
2.10.10    The Customer understands and agrees that the System does not belong to Customer and that the System belongs to Service Provide only 
2.10.11    SIM cards will remain the property of service provider.
2.10.12    The customer 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.
2.10.13    Decision to immobilize vehicle will be the responsibility of the customer   Only and any other use for the GPS enabled tracking devices will be customer responsibility only.
2.10.14    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 info@ayunts.com.