Service Subscription Terms and Conditions by Detecon Al Saudia DETASAD Co. Ltd:
These Terms and Conditions are applicable for the Services to be provided by DETASAD and customer/user acknowledge and undertake to the following
A. Service will only start after receiving payment unless agreed differently.
B. Invoicing Cycle: the subscription fees for the DETASAD service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the page. The length of your billing cycle will depend on the type of subscription that you choose when you signed-up for the service.
C. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, and to use DETASAD services you must provide us with one or more Payment Methods. The following Payment methods are acceptable: Credit card ,DETASAD wallet , Bank transfer
D. No Refunds: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to our customers ("credits"). The amount and form of such credits, and the decision to provide them, are at DETASAD’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
2. Term and Termination
The Agreement begins on the Activation of the Services (“Effective Date”) and continues until terminated
2.2 Termination for Cause
DETASAD may terminate this Agreement immediately, if there is any material default or breach of the Agreement by the other Party, unless the defaulting Party has cured the material default or breach within a fifteen (15) day notice period, without prejudice to any other right or remedy. If any breach is not cured to the satisfaction of the terminating Party, the provision of the Services shall immediately be deactivated.
Upon termination of the Agreement all CUSTOMER’s rights and DETASAD’s obligations under the Agreement terminate as of the date when the termination becomes effective, and CUSTOMER remains responsible. For all fees incurred until the effective date of termination, and any CUSTOMER payment obligations will survive such termination.
2.3 No Compensation and Indemnity
Unless stated otherwise in the Agreement with regard to the responsibilities, obligations and liabilities of the Parties, upon termination or expiration of this Agreement for any reason or at any time, neither Party will have any further obligations to the other Party or to any employee, agent, representative or CUSTOMER of the other Party, for compensation or for damages of any kind, whether on account of the loss by the other Party or such employee, agent, representative or CUSTOMER of present or prospective sales, investments, compensation or goodwill. Each Party hereby indemnifies and holds the other Party harmless from and against any and all claims, costs, damages and liabilities, except for any consequential damages, loss of actual or anticipated revenues or profits, loss of actual or possible CUSTOMERs, loss of medical treatment, loss of goodwill, whatsoever asserted by any employee, agent, representative or client/ end user of CUSTOMER under any applicable cancellation, termination, work, social security, payments under national insurance, or other laws or regulations.
2.4 Suspension by DETASAD
DETASAD may suspend the Agreement in its entirety (thus, the right of CUSTOMER to use the Services or part of it will cease) for cause as set forth below:
A) In order to comply with the law or requests of any governmental entity, law enforcement or judicial body.
B) Content Violation. CUSTOMER shall not use, or encourage, promote, facilitate, or instruct others to use, the Cloud Services for any illegal, unlawful, infringing, harmful or offensive use, or to transmit, store, display, distribute, link or otherwise make available Content or Data that is illegal/unlawful, infringing, harmful, or offensive. Prohibited activities or Contents include, but are not limited to:
• Any illegal activities as defined by the laws and regulations of the Kingdom of Saudi Arabia (including, but not limited to, the Anti-Cyber Crime Law) or the country of residence or operation of CUSTOMER or its clients / end users .
• Any activities that may be harmful to DETASAD or a third party’s operations or reputation.
• Distributing or linking Content that infringes or misappropriates the intellectual property or proprietary rights of DETASAD or any other third parties.
Uploading, downloading, displaying, posting, emailing, transmitting, storing, distributing, linking or otherwise making available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, immoral, obscene, abusive, violent, invasive of privacy, hateful, racially, religiously or ethnically offensive, or otherwise objectionable, including Content that is not tolerated by the legislation of the Kingdom of Saudi Arabia (e.g. escort services), or the country of residence or operation of CUSTOMER or its clients / end users .
• Distributing Content or other computer or IT technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including, but not limited to, viruses, Trojan horses, worms, time bombs, or cancelbots, corrupted files, Distributed Denial-of-Service (DDoS) attacks, or any other similar software, programs or activity that may damage the operation of DETASAD’s Services or a third party’s computer or property.
• Forging any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through DETASAD’s Services(‘spoofing’).
• Interfering with or disrupting DETASAD’s Services (including accessing DETASAD’s Services through any automated means, like scripts or web crawlers), or any servers or networks connected to DETASAD’s Services, or any policies, requirements or regulations of networks connected to DETASAD’s Services (including any unauthorized access to, use or monitoring of data or passage thereon).
5.1 Security Violation
CUSTOMER or its clients / end users shall not use DETASAD’s Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (hereinafter “System”) or violate the Saudi Anti-Cyber Crime Law. Prohibited activities include, but are not limited to:
• Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Monitoring of data or passage on a System without permission.
• Forging TCP/IP (Transmission Control Protocol/Internet Protocol) packet headers, e-mail headers, or any part of a message describing its origin or route.
2.5.2 Network Violation
CUSTOMER or its clients / end users shall not make network connections to any users, hosts, or networks unless CUSTOMER has permission to communicate with them. Prohibited activities include, but are not limited to:
• Monitoring or tracking of a System that impairs or disrupts the System being monitored or tracked.
• Flooding a target with communications requests so the target either cannot respond to legitimate passage or responds so slowly that it becomes ineffective.
• Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
2.5.3 Message Violation
CUSTOMER, its clients / end users shall not (a) distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like ‘spam’), sending a fraudulent (e.g., spoofed, fake, or otherwise deceptive) message designed to trick a person into revealing sensitive information to the attacker or to deploy malicious software on the victim's infrastructure like ransomware ( “phishing” ) ,(b) alter or obscure mail headers or assume a sender’s identity without the endser’s explicit permission; (c) collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
2.5.4 Monitoring and Measures
DETASAD has no and will not assume any liability or responsibility whatsoever towards the CUSTOMER or its clients / end users or any other third party, if the CUSTOMER or its clients / end users violate, or misuse the Services or for any measures or actions DETASAD may take under this T&C.
2.5.Unless otherwise stated in Applicable Laws DETASAD will:
• Not have any obligation to and will not actively and constantly monitor its systems or services for Unlawful Content or Infringing Content.
• Not copyright trademark have or assume any right or obligation either on its own initiative or upon request of any third party to remove from or render inaccessible any Unlawful Content or Infringing Content on its System or services.
• Have the right to remove or make inaccessible any Unlawful Content or Infringing Content from Systems or services that are used or relied on by DETASAD for the provision of Services upon a written order by CITC or any other authorized entity in the Kingdom of Saudi Arabia.
• Not have or assume any kind of liability whatsoever for any Unlawful Content or Infringing Content that has been uploaded, processed, or stored on its systems.
• Inform any competent authority or any other authorized entity in the Kingdom of Saudi Arabia without undue delay, if it becomes aware of the presence of any CUSTOMER Content or other information on its System that may constitute a violation of the Saudi Anti Cyber Crime Law.
• Refer any third parties complaining against Unlawful Content or Infringing Content on DETASADs’ Systems or services to the competent authorities in the Kingdom.
DETASAD may investigate or monitor violations of this T&C or any Applicable Law of the Kingdom of Saudi Arabia or the country of residence of the CUSTOMER or misuse of the Services. If required by Applicable Law or requested by any competent governmental authority DETASAD will (a) provide CUSTOMER Technical Information; (b) cooperate with appropriate law enforcement agencies, regulators, or other competent governmental authorities to help with investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of any Applicable Law.
3. Software, Intellectual Property
Both Parties agree that the Software regarding the Services is or contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to any copyrighttrademark trade name, service mark, slogan, logo or domain name, patent and any other international Intellectual Property Rights (“IPR”) laws and regulations, and both Parties agree to comply with all applicable IPRlaws and regulations regarding the Software and the licensing and usage conditions for the Software. In case any IPR is developed by DETASAD during the performance and within DETASAD’s scope of the Services, it shall solely belong to and owned by DETASAD.
Neither DETASAD nor CUSTOMER will acquire any right, title, nor interest in the other Party’s IPR, or the goodwill associated with them. Neither DETASAD nor CUSTOMER will challenge the validity of the other Party’s IPR, nor assist anyone in challenging their validity. Neither DETASAD nor CUSTOMER shall make any application to register any other Party’s IPR or any domain names containing other Party’s Trademarks and intellectual property, and not to use or register any IPR, or domain name that is confusing with, similar to, or a reference to, any Party’s IPR and or Service during or after the Term of this Agreement. Neither DETASAD nor CUSTOMER shall disparage the other Party, or the other Party’s IPR or services.
The CUSTOMER shall not be entitled to copy or simulate the Services. In case DETASAD discovers or detects any copying or simulation (electronically, automatically, manually, or otherwise) by the CUSTOMER, DETASAD may at its own sole discretion deactivate the Services immediately without assuming any liabilities.
4. LIMITATIONS OF LIABILITY
4.1 Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided "as is" and without warranties or conditions of any kind, including implied warranties of merchantability, non-infringement, and fitness for a particular purpose. CUSTOMER shall not make any representations or warranties on behalf of DETASAD regarding the Services in connection with the use of the Services or otherwise.
4.2 Exclusion of Liabilities
Notwithstanding anything to the contrary contained in the Agreement or any order form, to the maximum extent permitted by Applicable Law, in no event will DETASAD or its Affiliates, subsidiaries, officers, directors, employees, agents, partners or licensors be liable to the CUSTOMER or its Affiliates or CUSTOMER’s Affiliates’, end users, suppliers or other parties for: any claim based upon a third party claim; any indirect, incidental, special, consequential, exemplary or punitive damages, anticipated or lost revenue or profits, whether arising in tort, contract, or otherwise; or for any damages arising out of or in connection with any malfunctions, delays, loss of data or content, lost business, lost contracts, lost goodwill, anticipated or lost savings, cost of procurement of substitute goods or services, or other intangible losses, reputation, or media, even if DETASAD or its Affiliates have been advised of the possibility of such damages.
Furthermore, DETASAD or its Affiliates, subsidiaries, officers, directors, employees, agents, partners or licensors will not be responsible and liable for any compensation, reimbursement or damages arising in connection with:
A) The inability of the CUSTOMER, or its customers, or consumers or end users to use the Services (1) due to reasons not under DETASAD control or (2) due to reasons, actions, incidents, faults caused by or under CUSTOMER control.
B) Any investments, expenditures, or commitments by the CUSTOMER in connection with this agreement or the use of or access to the service offered by the CUSTOMER.
C) Any loss of connectivity to Services if not caused by DETASAD.
Without limiting the generality of the foregoing disclaimer, DETASAD Services are not specifically designed, produced, or intended for use in (1) the planning, construction, maintenance, control or direct operation of nuclear facilities, (2) aircraft navigation, control or communication systems, weapons or defense systems, or (3) direct life support systems. CUSTOMER agrees that he is solely responsible for the results obtained from the use of the DETASAD Services.
4.3 Limitation of Liability
DETASAD’s aggregate liability will be limited cumulatively for all claims to 50% of the amount paid by the CUSTOMER during the immediately preceding Service duration in which the event (or first in a series of connected events) giving rise to the claim, occurred. This limitation of liability also applies to any information security breach or information leakage or cybersecurity incidents, if the CUSTOMER has opted for an “own coverage” solution, or if the CUSTOMER has declined a redundancy or other solution as offered by DETASAD to reduce any information security or cybersecurity risk. Any compensation entitlement of the CUSTOMER will always be compensated with service credits to the CUSTOMER and not in cash.