Terms Of Services | أبعاد

Introduction

This website is operated by Abaad Platform, and the word "we" in the site refers to Abaad Platform. Abaad Platform provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced here or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to our current stores shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Application

These terms and conditions apply to the services (“Services”) provided by Abaad Platform, a company registered in the Kingdom of Saudi Arabia under the name of Sahar Abdulaziz Alghlayyini for Information Technology, commercial registration number 4030551928 (“the Platform”), to you (“the Client”). No other terms and conditions shall apply to the provision of the Services unless otherwise agreed in writing between the Platform and the Client.

2. Time

2.1 A “Business Day” is any day other than Friday, Saturday, or official public holidays.
2.2 Delays may occur due to circumstances beyond the Platform’s control, such as shipping delays or unexpected equipment failures. The Client acknowledges that such delays may affect delivery schedules, and the Platform shall not be liable for such delays.

3. Services

3.1 Starting from the commencement date specified in the relevant order or offer, and after payment in accordance with these terms and conditions, the Platform shall provide the Services to the Client.
3.2 The Platform shall exercise the necessary care and skill in performing the Services and shall adhere to all relevant professional practices.
3.3 The Platform will make reasonable efforts to complete the Services within the agreed timeframe as specified in the relevant order or offer. However, time shall not be of the essence with respect to the performance of these Services, and delays shall not be deemed a breach of this agreement.

4. Client Obligations

4.1 The Client shall make every reasonable effort to provide all information, materials, properties, and resources required by the Platform to deliver the Services.
4.2 The Client shall make every reasonable effort to obtain any permissions, consents, licenses, or other requirements necessary for the Platform to provide the Services.
4.3 The Platform shall not be liable for any delays or failures to provide the Services if such delays or failures result from the Client’s non-compliance with the obligations set out in this Article 4.

5. Prices and Advance Payment

5.1 The prices (“Prices”) for the Services are specified in the relevant order or offer.
5.2 In addition to the Prices, the Platform shall be entitled to recover reasonable incidental expenses from the Client for materials used and for goods and services provided by third parties in connection with the Services.
5.3 The Client shall pay for any additional Services not specified in the relevant order or offer in accordance with the Platform’s current tariff at the time of performance, or as otherwise agreed between the Platform and the Client.
5.4 The Prices do not include value-added tax (VAT) or any other taxes or fees levied or required by any competent authority.
5.5 The Client shall pay the advance payment (“Advance Payment”) as set out in the relevant order or offer, either at the time of accepting the order or offer, or within the timeframe agreed in the proposal.
5.6 If the Client fails to pay the Advance Payment to the Platform in accordance with Clause 5.5, the Platform reserves the right to withhold the provision of Services until the Advance Payment is received, or terminate the agreement pursuant to Article 9.
5.7 The Advance Payment is non-refundable except in the event of the Platform’s failure to provide the Services as described in this agreement.

6. Offers, Contracts, and Amendments

6.1 The Platform is not obliged to accept any request for Services from the Client unless the Client provides the references required by the Platform, which must be satisfactory and within the specified timeframe.
6.2 Any offer issued by the Platform shall be deemed a written acceptance and confirmation of the Client’s request for Services, as agreed upon between the Platform and the Client.
6.3 By issuing any offer, which is considered a contractual offer to provide the Services, the Platform agrees to enter into a contract to provide the Services once the Client accepts this offer and these terms and conditions in writing, and the contract becomes legally binding once the Client accepts.
6.4 All offers remain valid for 30 days from the date of the offer unless withdrawn by the Platform earlier.
6.5 If the Client wishes to amend any details regarding the Services, they must notify the Platform in writing as soon as possible. The Platform will make efforts to accommodate the requested changes, but reserves the right to refuse any amendment requests. The Client shall be invoiced for any additional costs arising from agreed amendments unless otherwise stated in the terms.
6.6 If the Platform needs to make any changes to the Services or to the arrangements for their provision due to circumstances beyond its control, it will notify the Client immediately. If the Client does not accept the proposed changes, either party shall have the right to terminate the contract, and the Client shall be entitled to a refund of any amounts paid for Services not yet provided.

7. Payment

7.1 After the Client accepts any offer, the Platform shall issue an invoice to the Client for the amounts due.
7.2 If the Client fails to pay within the period specified in the “Delivery” section (e.g., 30 days), the Platform reserves the right to suspend any future provision of Services and cancel any future Services ordered or arranged with the Client.
7.3 Payment receipts shall be issued by the Platform upon the Client’s request and within 7 Business Days of that request.
7.4 All payments must be made in Saudi Riyals (SAR) unless otherwise agreed in writing between the Platform and the Client.

8. Subcontracting

8.1 The Platform may contract with a third party to provide the Services, or any part thereof, at its discretion. Such third parties may be entities or individuals external to (the employer).
8.2 When subcontracting any part of the Services, the Platform shall ensure that these third parties are suitably qualified and have the necessary skills in the relevant practices.

9. Intellectual Property and Data Protection

The Client retains ownership of the intellectual property related to the project. The Platform is granted the right to use the project’s visual content for promotional purposes, including but not limited to displaying it in business portfolios, business files, and social media. However, the Platform agrees not to disclose any in-depth details regarding the project’s mechanisms without obtaining prior written consent from the Client.

10. Liability and Indemnification

10.1 The Platform shall not be liable for any loss of profits, indirect or special losses, consequential damages, or any other damages, costs, expenses, or other claims arising from any representation or implied warranty, condition, or term, or any duty under common law, or under these terms and conditions. This liability exclusion applies to any loss or damage caused by the Platform’s employees, agents, or any third parties in connection with the provision of the Services, the performance of any of its obligations under these terms and conditions or the offer, or the Client’s use of the Services or goods provided.
10.2 The Platform shall not be liable to the Client, nor be deemed in breach of these terms and conditions, for any delay or failure in the Platform’s performance of any obligations if such delay or failure is due to any cause beyond the Platform’s reasonable control.
10.3 The Client shall indemnify the Platform against all damages, costs, claims, and expenses incurred by the Platform as a result of any loss or damage caused to any equipment (including equipment belonging to third parties) by the Client, its agents, or employees.
10.4 Nothing in these terms and conditions shall limit or exclude the Platform’s liability for death or personal injury resulting from its negligence or for any other matter in respect of which liability cannot be legally excluded or limited.
10.5 The Platform’s liability is limited to the total amount paid under this offer. Any claim against the Platform must be brought within 30 days of the delivery of the Services or goods provided; thereafter, the Platform shall have no further liability.

11. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these terms and conditions if such failure or delay results from any cause beyond its reasonable control. Such causes may include, but are not limited to, power failures, internet service provider failures, industrial action, civil unrest, fires, floods, storms, earthquakes, acts of terrorism, acts of war, governmental actions, shipping delays, equipment failures, or any other event beyond the affected party’s control.

12. Communications

12.1 All notices under these terms and conditions must be in writing and signed by, or on behalf of, the party giving the notice (or by a duly authorized officer of that party).
12.2 Communications between the parties shall be conducted via approved platforms, which include the Platform’s official website, email, and WhatsApp.

13. No Waiver

13.1 No waiver by the Platform of any breach of these terms and conditions by the Client shall be considered a waiver of any subsequent breach of the same provision or any other provision.
13.2 No failure or delay by the Platform or the Client in exercising any right, power, or privilege under these terms and conditions shall operate as a waiver of that right, power, or privilege. Additionally, any single or partial exercise of any right, power, or privilege does not prevent the further exercise of any other right, power, or privilege.

14. Severance

If any of these terms and conditions is found to be unlawful, invalid, or unenforceable, it shall be deemed severed from the remainder of these terms and conditions, which shall remain valid and enforceable.

15. Governing Law and Jurisdiction

15.1 These terms and conditions (including any non-contractual matters or obligations arising herefrom or associated herewith) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
15.2 Any dispute, controversy, legal proceeding, or claim between the Platform and the Client regarding these terms and conditions (including any non-contractual matters or obligations arising herefrom or associated herewith) shall be subject to the jurisdiction of the courts of the Kingdom of Saudi Arabia.