Terms & Conditions
Software Licensing Agreement
This agreement is between you and our institution (Party A) or one of its affiliates. It outlines and clarifies your rights as (Party B) and our rights as (Party A) concerning the use of our software. You are expected to read the entire agreement, which will govern your use of the software. By signing this agreement or using the software in any manner, you agree to all its terms. If you do not agree to all of them, you are not permitted to use the software.
Part 1 – General Terms
Please read this agreement carefully before using this software.
- (Party A): Innovative Wonders IT Corporation
- (Party B): The Client
Party A grants Party B a license to use this software (the programs) provided that Party B accepts all the terms and conditions set forth in this agreement. Any additional software accompanying this software is subject to the agreement that comes with it. The use of this software by Party B implies acceptance of these terms. If Party B rejects any of the terms outlined in this agreement, Party B must immediately return the unused software to Party A (whether Party A or one of Party A’s agents/partners) to ensure the immediate refund of the amount paid by Party B.
This software is the exclusive property of Party A or one of its affiliated companies or agents. The software is not sold but is licensed for use to Party B only.
This agreement constitutes the entire agreement governing the use of this software and supersedes any prior verbal or written communications between Party B (the client) and Party A.
License
Software Use
Party A grants Party B a limited license to use the software only as specified.
Party B is allowed to:
- Use the software within the limits allowed by the license received.
- Make copies of the software and install them to support use within the authorized limits, provided that Party B maintains copyright notices and other proprietary notices on each complete or partial copy of the software.
- The maximum number of backup copies that can be made is one, and it can only be used in case of loss or damage of the original copy.
- Install, use, display, execute, or interact with one copy of the software on one computer, workstation, terminal, mobile device, pager, smartphone, or any computing device; or place the software on a single hard drive or other electronic storage location, provided that the number of computers using it does not exceed the licensed number.
- The software may come in multiple storage formats (CD-ROM, Disk, DVD-ROM, Other), online download/mobile store/internet store. You must use one and keep the others as backup.
How to Use the Software
We do not sell our software, nor do we sell copies of it or its source/code. We only grant you a license to use it on one computer/server. All parts of the software are licensed as a single program. You are not permitted to install it on more than one device, except for mobile applications. You are not allowed to install the software on another computer/server without written consent from Party A. We have the right to protect, control, and manage devices/servers that contain the software code or parts of it, and prevent others from accessing, copying, or understanding the technical and design aspects of the code.
Activation
Some of our software may require activation through another program or online to protect against unauthorized copying and for statistical and data purposes. You are not permitted to hack the software or tamper with the activation process. The software may need reactivation due to changes in your device or for other reasons specified by the software.
Failure to Activate
In case of activation failure, you will be alerted to try to activate the software correctly or may notice that your organization’s name or identifying number (such as registration number or tax number) does not appear.
Analytical Data
Connecting to the internet/storage devices for some or all of our software will result in sending data from the software and your device to our systems for statistical, advertising, troubleshooting, technical support, and software development purposes. We may share this data with others as per the attached Privacy Policy and in any manner we deem appropriate. This agreement applies to the software, updates, add-ons, and services. Internet connection costs are the sole responsibility of Party B.
Trial Software
The trial software is for evaluation purposes only and not for actual use by Party B. There is no liability on Party A for any issues arising from the trial software, and the software or some of its functions may cease to operate if the trial period ends.
Subscription Software
If the software is licensed under a subscription model, your rights to use the software are limited to the subscription period. The software or some of its functions may cease to operate if the subscription period expires.
Network/Storage Device Use
You may store or install the software on a storage device like a network server for use on other devices via the network. However, Party B must obtain a license for each computer that runs the software from the storage device or server. Licenses cannot be shared or used on two computers simultaneously.
If Party B has obtained this software as an update to an earlier version of the same software, it means that the license for the earlier version has expired unless specified otherwise in the new license. Other network uses are not permitted. Party B must ensure that any use of this software complies with the terms of this agreement.
Some devices (servers) that run software online require monthly or annual usage/operation payments, as well as for systems, security, databases, and other software. Failure to pay these fees or the cost of the software or project results in service interruption or complete removal of the software and its contents and data. Party B is solely responsible for continuous payments. Failure to make payments may lead to service or content removal by service providers or by Party A. Therefore, Party B should not delay payments, with a maximum allowable delay of 14 days from the due date. Party A is not required to send any warnings or notifications regarding payment periods or contract/project values. Software requiring monthly or annual payments includes websites and applications. It is advisable for Party B to set reminders or automatic bank orders for payments. Party B remains responsible for any costs incurred by Party A.
Restrictions on Party B
Party B is not permitted to:
- Use, copy, modify, or distribute the software except as permitted by this agreement.
- Reverse engineer, decompile, or disassemble the software in any manner that violates the law, considering the impossibility of contractual waiver.
- Grant sublicenses or lease or lend the software.
- If using features related to the internet, Party B may not use those features to interfere with others’ use, attempt to hack any service/data/account/network in unauthorized ways.
- Attempt to decode/code/program the software/application/website.
Transfer of Rights and Obligations
The (second party) has the right to transfer all rights and obligations specified in the program’s rights guide to another party by transferring the rights guide, a copy of this agreement, and all related documents. The transfer of rights and obligations as outlined in the license terminates (the second party)’s authorization to use this program under the rights guide; however, the remaining warranty period is confined to (the second party) who signed the agreement.
Rights Guide
The rights guide for this program serves as proof of (the second party)’s authorization to use this program or eligibility for warranty services and special pricing for future updates of the program (if such updates are announced), as well as potential special offers or promotions.
Fees and Taxes
The (first party) determines the conditions for using the program to set the fees and specifies these in the rights guide. The fees are based on the authorized usage limits. If (the second party) wishes to increase the authorized usage limits, (the second party) must notify (the first party) or its agent and pay any applicable fees. The (first party) will not refund any amounts or credits for fees that are due or have been paid.
In the event that any governmental entity imposes fees, taxes, or charges, excluding those based on the (first party)’s net profit, related to the program provided by (the first party) under this agreement, (the second party) agrees to pay this amount as determined by (the first party) or to provide documentation for exemption from these fees.
Limited Warranty
The (first party) warrants that using the program in the specified operating environment will meet the program’s specifications. However, the (first party) does not guarantee uninterrupted or error-free performance of the program nor that all defects will be fixed, but will repair what can be repaired. (The second party) is fully responsible for any results from using the program and its data, and it is the (second party)’s responsibility to ensure the correctness of operations, calculations, results, and program storage, as well as its suitability for its purpose and needs before use.
The (first party) is not responsible for any third party’s requirements, whether individuals, institutions, companies, entities, government bodies, etc. (The second party) should review all accounting or regulatory requirements for itself or others to ensure compliance with its or others’ needs before using the program or its functions. The (first party) bears no responsibility or costs for any non-compliance with third-party requirements and is not liable for any actions or penalties (the second party) may incur towards any third party.
The warranty period for the program ends with the termination of the services related to the licensed program. Warranty information specifies the duration of available program services.
During the warranty period, warranty services will cover the unmodified parts of the program through defect-related services. Program services are available for a period specified by (the first party) after the program is released for general use, and the warranty applies to the version number installed on (the second party)’s devices at the time of signing. Subsequent additions or versions are not covered by the warranty.
Thus, the duration of warranty services primarily depends on when (the second party) obtains the license.
These warranties are specific to (the second party) and replace all other warranties or conditions, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose.
These warranties provide (the second party) with certain legal rights and there may be other rights that vary depending on the jurisdiction. Some jurisdictions do not allow limitations or exclusions of implied warranties, so this disclaimer or limitation may not apply to (the second party). In such cases, these warranties are limited to the warranty period. No warranties apply after this period, even if there are updates/developments/projects/additions that have been activated/installed.
In the event of a breach by (the first party) of the agreement, and if you are entitled to damages from (the first party), damages will be assessed based on the total value of the program paid by (the second party) only for the breached part. If a court orders a higher amount, you can only recover up to the amount actually paid for the program and no more, with no right to recover other damages including, but not limited to, future losses, loss of profits, special amounts, indirect amounts, or incidental damages. Regardless of the type of loss or cost and by any means incurred, (the first party) is not liable to pay more than the price paid for the program by (the second party). For jurisdictions and laws that do not permit such limitations on damages, (the second party) cannot recover more than the price paid for the program in any case.
The repair period for errors begins from the moment a formal notification is sent via email to (the first party)’s email address, and verbal notice to send the email. Within ninety days from the date of notification, either a solution to fix the error will be found, or (the first party) will notify (the second party) that it cannot resolve the technical issue. If this occurs, (the first party) will not be obligated to fix it. If a court mandates financial compensation for not fixing the error, the amount will be calculated based on the portion of the program affected, relative to the total size of the program and its other functions, and will not exceed this partial amount. Any costs incurred by (the first party) for analysis/research/investigation/design/programming/installation/visits/training/server reservations, etc., will be deducted.
The warranty does not cover the installation of fixes, additions, and new features, and (the first party) reserves the right to charge for installation and maintenance even during the warranty period.
(The second party) needs to be familiar with Windows, Word, and Excel, or provide an employee who understands and is proficient in these programs to facilitate learning the software. Video tutorials will be provided on the computer, and a YouTube channel will be available to meet (the second party)’s needs for understanding and using the program. If (the second party) cannot understand them, they may consult an employee proficient in computers and the mentioned programs to explain what they did not understand from those videos. (The first party) is not responsible for training and educating (the second party) beyond this. If (the first party) kindly provides training, it is not obligatory, with a maximum of one hour per contract, and (the first party) will determine the timing and location based on its availability. If training is assumed to be mandatory, it will occur within one to three months of signing the contract, with (the first party) having the right to choose the method, time, and place. It is assumed that it will be “remote” via the internet, with (the second party) responsible for providing suitable conditions for easy “remote” access, such as internet speed and computer speed. If this is not feasible for (the first party), (the first party) may choose the appropriate time and place, and (the second party) must provide everything necessary to facilitate this. The (first party) also has the right to cancel the entire contract with (the second party) or cancel part of the agreed work or some functions of the program and refund the full contract amount or the value of the canceled part. (The first party) may cancel appointments with (the second party) due to customer congestion, scheduling conflicts, or other circumstances affecting (the first party) or its agents or partners. The (second party) will bear the costs of on-site visits by (the first party)’s staff, including the staff’s operational and profitable hourly rates, and any additional costs such as transportation or accommodation.
(The first party) is not responsible at all for inputs and data in the program. It is the (second party)’s responsibility to ensure the correctness of all inputs and data before relying on the program for any transactions.
(The second party) is solely responsible for all fines/violations/obligations imposed on them by departments/ministries/government agencies/companies/institutions due to any delays in performance/provision of requirements/information to these entities, or amounts/fees/costs required by these entities, or failure to comply with regulations and instructions.
Any issues with (the second party)’s phone or email are the responsibility of (the second party) if they do not inform (the first party) about the issue. Any responses/communications/contacts made through these malfunctioning channels, which have not been reported, are considered valid and properly made.
There is no support or warranty for new programming and design operations except under a new contract specifically for programming and design support, which will be subject to additional fees and a specified duration.
Trial or Free Version:
(The first party) has no responsibility or warranty, cost, or legal liability arising from the use or operation of the trial/free version or any free function or service outside the scope of the program. If (the second party) does not accept this, they are not entitled to use or install it, and it is not (the first party)’s obligation or duty at all.
(The second party) is entitled to use the trial version for no more than one and a half months, after which they cannot continue using it. If the original program or agreed-upon parts/stages are purchased, the transaction is completed, and there is no right to withdraw or request a refund under any circumstances.
Limited Legal Liability
In the event that (the Second Party) becomes eligible to claim damages from (the First Party) due to an error on the part of (the First Party) or any other legally responsible entities, regardless of the basis for such claims (including breach of contract, negligence, or other damages specified in the contract), (the First Party) will be legally responsible for:
Compensation for the specific feature or portion that (the First Party) failed to deliver, to an extent that is a reasonable proportion of the total value of the transaction, or, if this cannot be calculated, up to the amount paid by (the Second Party) for the purchase of the program, excluding shipping, handling, escalation, hosting, installation, and maintenance costs. If the full amount is compensated, (the Second Party) will not have the right to use the complained-of feature or the entire program. (The First Party) may suspend the services/programs of (the Second Party) in this case.
(The First Party) will not be legally responsible for any special, incidental, or indirect damages, nor will it be responsible for any material losses (including but not limited to lost profits or savings), even if (the First Party) or its agents were aware of the possibility of such losses. Some jurisdictions do not allow for exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to (the Second Party).
This limited liability does not cover problems or errors caused by (the Second Party) or situations where the steps specified by (the First Party) for each process are not followed, or results from any events outside the control of (the First Party).
It is the responsibility of (the Second Party) to ensure the correct performance of the program’s functions, including its calculations and storage. This responsibility includes all costs associated with verifying the performance of the program’s functions, and (the Second Party) cannot claim these costs from (the First Party).
(The First Party) will not be legally responsible for:
- Loss or destruction of records or data.
- Any damages claimed by (the Second Party) based on claims from a third party.
- Physical damages (including death) and damages to real estate, financial assets, and personal property.
This limitation of liability also applies to any program developer provided to (the First Party). This represents the maximum legal liability of (the First Party), its distributors, representatives, employees, partners, and agents.
Notice of Dispute/Claim: In case of a dispute between the parties, both parties must give notice of the dispute, which should be a written statement including the name, address, and contact information of the complaining party, the facts leading to the dispute, and the demands to resolve it. Any notice of dispute should be sent via postal mail to the other party’s address, with a copy sent to the other party’s email. A phone call should also be made to confirm the sending of both the email and postal mail.
Dispute Resolution: The parties should attempt to resolve any dispute through informal negotiation within 60 days from the date of sending the notice of dispute. After 60 days, either party may initiate arbitration in the judicial courts if an agreement is not reached.
Small Claims Court: Disputes may also be litigated in the small claims court in the jurisdiction of (the First Party)’s residence, provided the dispute meets the criteria for small claims court. Any court proceedings should be in the jurisdiction of (the First Party), currently Al-Ahsa/Al-Hofuf.
Claims or Disputes: Claims or disputes must be filed within 30 days, or the minimum period allowed by law (referred to as the “period”). Any claim or dispute under this agreement must be initiated in the courts within this period, starting from the date of the claim or dispute. If not filed within this period, the claim or dispute is completely barred.
Choice of Law: The choice of law will be Saudi or UAE law, as selected by (the First Party), or the closest jurisdiction to its residence. If neither of the two laws can be chosen, the law of the country where the program was purchased will apply. This agreement does not change the laws of the chosen jurisdiction if it conflicts with its own laws.
If (the Second Party)’s claim is false, malicious, or invalid, or if any part of the claim is false or deceptive, (the First Party) has the right to claim all losses and expenses incurred, including time, fees, and costs of programmers, representatives, employees, lawyers, and any other costs related to the legal proceedings.
Data and Confidentiality: It is the responsibility of (the Second Party) to protect data and programs and to implement security measures against hacking and viruses. Any confidential numbers provided to (the First Party) with (the Second Party)’s consent do not grant (the Second Party) the right to legal action against (the First Party).
Delivery of Files: (The Second Party) will be provided with operational files of the program and its stages but not the source code. The source code remains the exclusive property of (the First Party), and (the Second Party) has no rights to the source code.
End of Warranty: The end of the warranty period terminates any liability of (the First Party) for issues or errors affecting (the Second Party) regardless of the nature of the problem.
Legal Actions: All disputes or legal actions must be against the legal entity of the other party, not against individual employees.
Force Majeure: (The First Party) will not be liable for failure to perform duties due to circumstances beyond human control, including but not limited to power outages, internet disruptions, judicial orders, natural events, wars, or government regulations.
Communication: All requests from (the Second Party) must be sent via (the First Party)’s official email. Any other method will not be recognized or binding on (the First Party). Requests must be documented by sending them to the email provided in this contract. If not provided, (the Second Party) must write it down on paper, print it twice, sign both copies, and obtain (the First Party)’s signature on one copy.
Arbitration Clause: Any dispute or claim arising from or related to this contract, including breach, termination, or invalidation, will be resolved through arbitration administered by the Al-Ahsa Commercial Arbitration Center according to its rules and procedures.
Mediation Clause: Any dispute or claim arising from or related to this contract, including breach, termination, or invalidation, will be resolved through mediation administered by the Al-Ahsa Commercial Arbitration Center according to its rules and procedures.
Arbitration Following Mediation: Any dispute or claim arising from or related to this contract, including breach, termination, or invalidation, will first be resolved through mediation administered by the Al-Ahsa Commercial Arbitration Center. If no resolution is reached within 30 days from the date of the first mediation session, arbitration will follow, administered by the Al-Ahsa Commercial Arbitration Center according to its rules and procedures.
Software Projects/Design/Study/Software Components/Software Additions
If any phase is approved by the Second Party via email or any electronic method, that phase is considered delivered without comments and is accepted as final. The Second Party is not entitled to make changes or request a refund, even if the other phases are not completed.
The Second Party is allowed to approve and review each phase within a period not exceeding 7 days according to the conditions and laws of the Ministry of Commerce and Industry. Otherwise, the phase is considered officially approved, and the next phase will begin immediately after 7 days.
If the Second Party delays following up on the project during the design or programming phase for 7 consecutive days or delays in paying the due installments for the phases of the contract, the First Party has the right to postpone the project and alter the agreed timeline. The Second Party does not have the right to object.
Any delay by the Second Party in responding to our questions/queries or in providing requested data, review, and follow-up will contribute to extending the project period by the same number of days. The First Party is not considered delayed if the delivery time is exceeded by the same number of days as the Second Party’s delay. The First Party cannot be accused of being late.
The devices/servers used in designing certain types of software/applications/websites/etc., may be shared with other programs, and may be located within the country or abroad, or may be rented or owned. The First Party has the right to use open-source software or paid software in the project/functions.
Completion of a phase is evidenced by sending an email, a witness certificate, or installing the version that contains the addition or project.
If the Second Party retracts after approving any phase/agreement, they are not entitled to a refund of any amount.
Technical support and warranty services apply only to the original or agreed-upon program at the time of signing the contract. Any development, reprogramming, redesign, or new release updates are not included in technical support and will incur additional costs for the Second Party if requested by the First Party.
Any additional software or design requests after approving the design mock-ups and screens will require the Second Party to pay the additional cost.
If the Second Party delays following up on the project during the design or programming phase for 14 consecutive days or delays in paying the due installments for the phases of the contract, the First Party has the right to postpone the project, change the agreed work duration, and work on other clients’ projects. The client does not have the right to object.
Upon final delivery of the software or a portion of it after the programming or design phase (as per the project requirements), the Second Party must inspect and accept the project and provide feedback, if any, within 14 days. If this period expires, the project/portion is considered officially delivered without comments and considered completed officially.
Any request executed according to the client’s requirements and later has legal consequences or violates regulations of government agencies/regulatory bodies or other partners will be the responsibility of the Second Party.
The First Party has the right to withdraw from completing the project at any stage if a portion of the program/project/function for that phase is not delivered. The Second Party may only recover the amount paid for that specific phase and cannot request any other amounts, particularly for what has already been delivered.
General
None of the conditions in this agreement affect the client’s legal rights that cannot be waived or limited by contract. Any point contradicting the laws and regulations of the Kingdom of Saudi Arabia will be null and void, and the remaining points of the contract will remain valid and enforceable.
The First Party may terminate the license of the Second Party if the Second Party fails to comply with the terms of this agreement. In such a case, this means terminating the authorization for the Second Party to use the software. The Second Party agrees to comply with export laws and regulations, and the First Party has the right to suspend the software/website/application in a manner it deems appropriate to protect its rights. The First Party also has the right to claim additional payments for activating/operating what has been suspended.
Advertisements/Promotions in the Program: We have the right to display any advertisement/promotion we choose in the software’s windows/reports/invoices, whether it is for the First Party or its partners and clients. The First Party has the right to mention the Second Party’s name and trademarks in its advertisements and websites and refer to all that has been done for the Second Party, including software/applications/support/services.
Natural Disasters: The agreement is suspended in the event of natural disasters or unforeseen technical problems affecting the First Party’s work areas until conditions stabilize or problems are resolved.
Contract Copies: This contract has been drafted and signed by both parties freely, without legal or procedural defects, with full understanding and consent. Both parties acknowledge reading all contract terms and their implications and explicitly agree to all points contained herein.
Part 2 – Specific Conditions for Each Country
Explanation of Other Rights:
Program/Software: The term “program” used in this document refers to the original program and all complete or partial copies of the software/application/website/online service/code/markup or project. The program consists of machine-readable instructions, program components, data, audio-visual content (such as images, texts, recordings), and all licensed material related to the program.
Ownership Rights: Programs and all copies created are the exclusive property and rights of the First Party. The structure, organization, and programming of the program are the First Party’s trade secrets. The program is protected under the intellectual property laws and rights of the Kingdom of Saudi Arabia and international agreements applicable in the country where the program is used.
Copy Protection: The program may include copy protection technologies. It is legally prohibited to make unauthorized copies or decrypt the protection.
Rental: The Second Party is not allowed to rent or lend the original program.
Termination of Use and License: Failure to comply with the agreement’s terms gives the First Party the right to cancel the agreement. In such cases, the Second Party must destroy all copies of the program and not use or retain any part of it. The Second Party will have no financial claim.
Updates and Developments: If the program represents an update or development of the original program, the Second Party must have licensed the original program to use it. The original agreement’s terms apply to this updated agreement if it supersedes the original agreement.
Backup: The Second Party is responsible for backup, especially when updating the program or other systems.
Multiple Storage Media: The program may come in various forms such as CD-ROM, DVD-ROM, mobile market, download link, or stored on the Second Party’s device. The Second Party should use one and keep the others as a reference, as installation is allowed only on one computer/server. The agreement applies to all storage sources.
Rights Retention: Any rights not explicitly stated in this agreement are reserved and owned by the First Party.
Illegal Uses: The Second Party does not have the right or authority to use the program for illegal or prohibited activities in the country where it is used. The First Party is not liable for any issues arising from such use.
Error Fixes: You can request error fixes for the program free of charge during the warranty period, and the First Party will attempt to resolve the issue for the Second Party or provide a newer version, except for shipping/installing costs. However, warranty voids if the error results from accident, misuse, unusual use, viruses, tampering, decryption attempts, or operating system issues. Replacement programs or upgrades only cover previous version functions under the remaining warranty of the original program. Proof of purchase from an authorized distributor or agent is required.
Installation and Technical Visits: The First Party has the right to charge for installing or upgrading the program or any technical visits, whether in-person or remote. The Second Party may also incur annual fees for some programs or parts of them, as determined by the First Party, and must cover any costs associated with the visit, including during the warranty period.
Other Companies’ Programs: Any other programs required for the software to operate, such as databases, systems, programming languages, and third-party plug-ins, are owned by their respective creators or licensors and are used only according to their agreement terms, whether licensed or free. We are not responsible for any issues arising from them.
Device/Computer: An electronic device, such as a computer/mobile/tablet/server/virtual computer/storage device.
Legal or Religious Violations: The First Party has the right to suspend the program or withdraw from the agreement if the Second Party uses the program for illegal or religiously prohibited purposes.
Communications: All communications and discussions about the program should be done via email only. Other methods are not considered valid.
Single Contact Person: The Second Party must designate one person to handle all internal communications with us and follow up on the tasks mentioned.
Incorrect Information: Any incorrect information recorded during the analysis phase and signed by the Second Party is considered officially accepted, and the Second Party is solely responsible.
Revisions: Revisions of any phases will be treated as change requests and will be handled separately financially, temporally, and contractually.
Scope Changes: Any changes in scope or additional requests will be considered as requirements outside the signed agreement and will be billed separately for both time and cost.
Delays: Any delays in program activities due to the following reasons will result in a delay in delivery:
- Unavailability of the Second Party’s team according to the program plan for tasks and agreed requirements.
- Insufficient time spent on program activities by the Second Party.
- Unavailability of required data from the Second Party.
- Changes in personnel and roles from either party.
- Delayed responses from either party to approve documents and required data.
Third-Party Involvement: If a third party, such as software companies like Microsoft, is needed for inquiries, maintenance, or licensing.
Licenses: All licenses will be provided by the Second Party.
Work Modality: Our work with the Second Party may be on-site or “remote,” as deemed suitable by us.
Risk Factors: Any risks, if present, should be reported to us immediately.
Contract Cancellation: The First Party has the right to cancel the contract at any time during the warranty period and refund the program/project or part of it, deducting the value for the period of use, and returning that amount to the Second Party. The Second Party has no right to object and has no further claims against the First Party.
Working Hours: From Saturday to Wednesday, from 4 PM to 9 PM only. Any other time is at the discretion of the First Party, and it is not obligated to comply with or accept it.
Enforceability: Both parties agree that this contract constitutes an enforceable instrument according to the laws of the execution system. It can be submitted to execution courts directly for claiming financial dues or any notices of financial obligations or effects. This agreement is final and non-revocable from the moment of signing.
Explanation of Terms:
Warranty:
The warranty applies only to programming errors in the software designed by us and is valid until the end of the warranty period. It does not cover errors in the Windows system or other systems, Office, or any other programs (not designed by us) that have errors or issues affecting the software designed by us. Additionally, the warranty does not cover any device or network used with the software if it has issues negatively affecting the software designed by us. The warranty does not guarantee the software’s operation and stability in the event of Windows updates or updates to other programs/systems. Instead, we guarantee the software’s operation in the same environment it was installed in, with the same versions of other programs and systems at the time of installation.
Work by us begins only after full payment is made by the Second Party. Work will not commence before that. The project start date is calculated from the date of the first agreed-upon payment, not from the date of signing the contract. However, the licensing and warranty start from the date of signing the contract and will become void if payment for any installment is delayed by more than two weeks. The Second Party is not entitled to claim previous payments or any part of them.
Miscellaneous:
Section headings are included for ease of reading only and should not be considered in interpreting this agreement.
Words in the singular include the plural and vice versa.
Words that are in the masculine or feminine gender are not intended to specify gender; they apply to both genders equally.
If any provision, covenant, term, or condition of this agreement is deemed invalid or unenforceable by a competent court, it is the intention of the parties that such provision be reduced in scope by the court to the extent necessary to make it reasonable and enforceable. The remaining provisions of this agreement shall not be affected or rendered void as a result.
This agreement constitutes the entire agreement between the parties. All negotiations and understandings are included in this agreement. Any statements or representations made by either party before this agreement during negotiation stages that may conflict with this final written agreement are considered void. Only the written terms of this agreement will bind the parties.
This agreement and the terms and conditions contained herein apply to agents, competitors, executors, supervisors, beneficiaries, and representatives of the partners and are binding on them.
The First Party will consider any required notices or deliveries as complete when delivered by hand, through an agent, or seven (7) days after being mailed, sent by prepaid mail, email, WhatsApp, or phone to the addresses specified in this agreement. Alternatively, the parties may later designate postal or email addresses by signed document.
All rights, remedies, and benefits provided by this agreement are cumulative and not limited to any other rights or remedies allowed by law.