These terms and conditions represent a formal agreement (contract) between Tawazi for Information Technology – referred to as “ CloudToday “ or “service provider” or “service vendor” or “company” and subscribers or beneficiaries to the services referred to them as “subscriber” or “customer” or “user” or “beneficiary”. These subscriber terms and conditions govern your use of CloudToday services, which are software solutions, technical services, consultations, and other services related to companies and business administration. Any use by you of the services provided by CloudToday constitutes your agreement to this contract and its provisions, and accordingly you should not use any of the services provided by CloudToday in the event were not agree to the terms and conditions set forth in this contract.
CloudToday reserves the right to amend or change these terms and conditions without prior notice, and it is your responsibility as a subscriber to review the conditions of use periodically to keep in agreement with the updates to these terms and conditions, and review our privacy policy to learn more about how CloudToday uses the information provided to us by subscribers.
-
Eligibility for services
You acknowledge and warrant the following:
-
That your use of CloudToday services has never been
suspended or prevented by CloudToday at any time in
past.
-
You are not a competitor to CloudToday, and you do
not offer any product that competes with the
services provided by CloudToday.
-
You have full power and authority to contract and by
doing so you will not be in breach of any law or
contract.
-
Pledges and guarantees
You acknowledge and warrant the following:
-
Comply with all applicable laws and regulations in
the Kingdom of Saudi Arabia.
-
To provides true and accurate information to
CloudToday and updates to the information
periodically.
-
You review and comply with any notices sent through
CloudToday or mentioned in the CloudToday platforms
regarding your use of the services provided by
CloudToday.
-
You will not sublicense, issue, publish, transfer,
distribute, implement, display, sell, or reclassify
CloudToday’s services, otherwise you may have
transferred the services or exploited them
commercially, except as permitted under this
contract.
-
You will only use the services for legitimate
purposes, and you will not use the services to send
or store any illegal or fraudulent materials.
-
You will not use the services to cause harm,
harassment, or annoyance to anyone.
-
You will not hamper the proper operation of the
CloudToday and its systems.
-
You will not try to harm the services in any way.
-
You will not copy or distribute the systems or other
content without obtaining written permission from
the CloudToday.
-
You will maintain the password for your account or
any other identification we provide to you and allow
access to your account, securely and confidentially.
-
You will provide us all directories that prove your
identity according to the discretion of CloudToday.
-
CloudToday has the right to refuse to provide
services or use of its systems without stating
reasons.
-
The scope of the license
CloudToday grants you a non-exclusive,
non-transferable, non-assignable, non-sublicensable
and irrevocable license to obtain our services and use
them only for the personal purpose specified in
accordance with this contract, so you must:
-
Not to make available for rent, rent, assign,
resell, distribute or sublicense these services to
any third party.
-
Not modify, or truncate, or translate, or summarize,
or create a sub – work based on the decoding, or
implementation of reverse engineering the design of
systems of CloudToday or otherwise identify or
attempt to identify or try to access the source code
or interior design services or any text or
multimedia (images, audio, video files), data or
other information provided by CloudToday or
third-party service providers.
-
Not to delete, change, or otherwise amend any right
of copyright or other official notices contained in
the services.
-
Not intentionally transfer or distribute services,
or allow the services to be downloaded for use other
than what is specified here. Not to claim to grant
services or to allow access to them to anyone other
than you.
-
It is not allowed to share the subscriber’s username
/ password or other reasons for accessing the
CloudToday services.
-
Intellectual property rights
All intellectual property rights for these services and
all materials related to them or appearing on them
(including any content that you provide or include) are
property of CloudToday. You must not reproduce or allow
any person – for any reason – to use or reproduce the
services or any trademarks or other trade names that
appear in the services. Some of the services provided by
CloudToday are under the GPLv3 license from GNU, and its
provisions apply in the intellectual property of those
parts.
-
Payments
-
CloudToday maintains the right to impose new fees on
the use of services. If CloudToday decides to impose
new fees, it will inform you of this and allow you to
continue with or terminate the contract.
-
CloudToday is allowed to modify or update prices from
time to time. It is your responsibility to stay aware
of the current prices for the services provided
through the pricing page on the website which can be
accessed through the home page.
-
You have to pay for the services to CloudToday via
bank transfers to our account or through the payment
methods available on the website, as soon as the
services are provided to you. You are solely
responsible for paying all fees on time and you
acknowledge that any amount paid cannot be refunded.
-
By agreeing to these subscriber conditions, you agree
that your right to access the data saved in the
CloudToday system is linked to your account being
active and your subscription paid for, and that
failure to pay the amounts owed to you will result in
blocking your use of services and the data saved on
them.
-
In the event that you do not pay the due subscription
amount for the CloudToday systems, CloudToday will
give you a payment grace period that is determined by
CloudToday before it blocks your use of the services
and the data saved on it, and that this period is
billed by CloudToday and paid by you as a subscriber.
-
Renewals
Unless the subscriber notifies the service provider
through the website before the end of the applicable
subscription period of his desire to cancel the
subscription or amend its features , the subscription
will be automatically renewed with its current features
and authorizes the service provider to collect
subscription fees as indicated in the description of
services using credit cards or any payment method known
to CloudToday. The subscriber can request to amend the
subscription properties before renewing.
-
Cancellation and refund requests
-
Monthly subscriptions: the customer has the right to
cancel the monthly subscription during the first five
(5) days of the subscription period, with a full
refund of the subscription amount, unless otherwise
stated in unique cases. Any cancellation after five
(5) days will not lead to a refund, but that will lead
to the termination of the automatic renewal of the
subscription for the next month and the subscription
will be active for the remainder of the subscription
period.
-
Annual subscriptions: the customer has the right to
cancel the annual subscription during the first 14
days of the subscription period, with a full refund of
the subscription amount, unless otherwise stated in
unique cases. Any cancellation after 14 days will not
result in a refund, but it will terminate the
automatic renewal of the subscription for the next
year. If canceled after 14 days, the subscription will
remain active for the remainder of the subscription
term.
-
Support
During the subscription period, and at CloudToday’s own
discretion, CloudToday will provide technical support to
the subscriber, which can take place remotely, as
described here during the work periods stated on the
site, and according to what CloudToday sees appropriate.
The support includes (1) telephone or electronic means
for common help and understanding the subscriber’s
problem to offer guidance ( 2 ) Carrying out updates,
improvements or other changes related to the services
without additional costs to the subscriber.
-
Maintenance
The subscriber agrees that CloudToday work requires
maintenance from time to time in order to upgrade or add
new features or backup or fill security gaps. If any
work has been accompanied by a stop of service to the
subscriber for longer than a total of three working days
per year the subscriber shall be compensated by
extending the subscription, equivalent to the number of
days of service interruption.
-
Data Preservation
The subscriber acknowledges that in the event that he
stops using the services, whether because of his request
or because of stopping the payment of subscription fees,
Cloud Today will give a period of three (3) days for
payment while allowing the subscriber to benefit from
all the capabilities of the services and access to his
data. In the event that the due fee is not paid after
the expiration of the previous period, Cloud Today has
the right to stop the subscription, and after seven (7)
days the subscription is canceled and the consequent
erasure of all the subscriber’s data, and the subscriber
acknowledges that if he resumes the subscription after
the aforementioned periods, there is no guarantees to
restore previous data. In the event that the subscriber
subscribes to the trial package, the data will be
deleted immediately after the end of the trial period.
-
Training
-
CloudToday provides training services that are
optional or included within the subscription according
to the hours specified and agreed upon with the
subscriber.
-
The cost of training is determined by the cost of the
training hour and the number of hours that the
subscriber needs, and the participant is notified of
the total cost of the training. Some subscriptions
include free training hours.
-
An agreement is made between the subscriber and the
training officer or the account manager to schedule
the training hours in accordance to the work hours in
CloudToday.
-
The training shall be exclusively remotely, through
electronic means of communication, unless otherwise
agreed upon.
-
Training sessions are recorded and recordings are
shared with the subscriber for later use, and for use
in CloudToday’s quality improvement process. The
subscriber is not permitted to share the recordings of
the training sessions with any person, company or
system except with written permission from CloudToday,
as the recordings are considered part of the
intellectual property of CloudToday.
-
Training may include additional work by CloudToday,
with or without the subscriber’s presence, such as
preparing special training materials for the
subscriber or requirements others, which are counted
within the training hours, and the subscriber is
notified of them.
-
The subscriber agrees that in the event that he is
unable to attend the training session at the agreed
time, he must inform CloudToday with a request to
change the training date at least twenty-four hours
before the agreed time, and in the event that the
participant does not adhere to the specified time, the
appointment will be calculated from within the
training hours that have been fulfilled.
-
Configurations, Customizations, and Consultation
-
CloudToday provides configuration services,
customization, and optional or included consultations,
with subscriptions according to the specified hours
agreed upon with the subscriber.
-
The cost of these additional services is calculated
according to the cost of one hour and the number of
hours required to complete the services. The
subscriber is notified of the total value of the
services as estimated by CloudToday.
-
The configurations, customizations and consultations
are free of guarantees, and CloudToday disclaims its
responsibility towards the subscriber from legal
accountability.
-
The consultations provided, whether accounting or
otherwise, are not considered a basic reference, but
rather informative tips only. CloudToday disclaims its
legal responsibility, and the subscriber is
responsible for adherening to the legal provisions.
-
Business Transfer
-
If CloudToday or parts of its business are acquired by
a third party (another company, for example), then the
subscribers and visitors’ information is considered an
asset that is transferred to the third party. The
subscriber acknowledges that this is possible and that
the third party can use the subscriber’s information
as mentioned in this agreement.
-
In the event of CloudToday’s bankruptcy or exit from
the market, Cloud Today is obligated to give the
subscriber permission to access his dedicated server
to copy his data for a full month from the date of
bankruptcy or exit.
-
Compensation
-
Your violation or breach of any of these subscriber
conditions or any applicable law or regulations,
whether or not they are referred to in these terms and
conditions of use.
-
Your violation of any rights of third parties,
including service providers who provide services
through CloudToday or to CloudToday.
-
Misuse of the services.
-
Legal responsibility
-
The information, recommendations and services or any
of them that were provided to you on or through the
website and the services are for general information
purposes only and do not represent any advice.
CloudToday will maintain, as much as possible, the
correctness and updating of the website and its
services and its contents, but it does not guarantee
that the contents of the website or the services are
free from errors or defects or malware and viruses nor
does it guarantee the correctness, accuracy and
updating of the website and the services.
-
CloudToday does not bear the responsibility for any
damages resulting from the use of (or inability to
use) the site or its services, including damage caused
by malware or viruses, and does not assume
responsibility for incorrect or incomplete information
or web site or the services, unless this damage is
caused by willful misconduct or gross negligence on
the part of CloudToday.
-
CloudToday does not bear any responsibility for any
damages resulting from the use (or inability to use)
electronic means of communication with the website or
with the services, including – but not limited to –
damages resulting from non-delivery of electronic
correspondence or delay in their delivery,
interception, or manipulation of electronic
correspondence by others or by common computer
programs for electronic communications and virus
transmission.
-
CloudToday intends as much as possible to provide its
electronic services using its best efforts throughout
the year 24 hours / 7 days a week, and in all cases,
it does not guarantee that CloudToday systems will
work completely throughout the year, and that there
will be stops for the purpose of maintenance or
periodic update or adding new features to the
services.
-
Service Changes
CloudToday reserves the right, and at its sole
discretion, to do the following at any time:
-
Change services or any related materials, and / or
stop publishing its services.
-
If CloudToday decides to stop publishing its
services, it may wish to replace the services with
other similar materials.
-
Liability Limits
CloudToday does not provide any guarantees, explicit
or implicit, regarding the services, they are all
provided “as is”. CloudToday clearly disclaims its
responsibility, to the fullest extent possible in
accordance with the law, for all guarantees, which
include, but are not limited to: guarantees of
suitability for a specific purpose, suitability for
specific specifications and markets, and the ability
of property rights for sale, and CloudToday does not
guarantee accuracy, content, or timeliness of the
services or results that may or may not be obtained by
the subscriber of the services. CloudToday, its
agents, licensors, and its affiliates will not be
liable in any case for direct or indirect damages,
penalties, special damages, or the occurrence of
incidental or consequential damages, including but not
limited to: damages resulting from loss of profits,
failure of business, loss of business information or
other financial losses arising directly or indirectly
from accessing and using services (or failure to use
them) or reliance on them.
In all cases, you agree to these subscriber conditions
that you acknowledge that CloudToday’s responsibility
to retain data is six months, and that CloudToday has
the right to delete this data completely from its
service and dispose of it in the way Cloud Today deems
appropriate.
-
Safety
You acknowledge that you are solely responsible for the
privacy of the services, and you are solely responsible
for their use by anyone else using your account and / or
subscriber’s user name , password, or your access
credentials. You also agree to notify CloudToday if you
become aware of any loss, theft, or unauthorized use of
any password, subscriber name or IP address or other
methods of accessing services.
-
Interactions With Others
While using the website and services, you may
correspond or be provided with or buy goods or
services or participate in promotional offers provided
by other service providers, advertisers or sponsors
offering their goods or services via a link on the
website or through the services of CloudToday. These
links take you outside of the website and services ,
and are outside the control of CloudToday. The
websites that you link to have independent terms and
conditions as well as an independent privacy policy.
CloudToday assumes no responsibility for the content
and activities of these websites and cannot be held
accountable for them. Therefore, you bear all the
risks that result from visiting or entering these
sites.
Please note that those other sites may send their own
cookies to subscribers, collect their data, or request
personal information, we recommend that you check the
terms of use or privacy policies on those sites before
using them.
-
Duration and Termination of the Contract
The contract between you and CloudToday is an
unlimited period unless otherwise agreed upon. You
have the right to terminate the contract by closing
your subscriber’s account at any time.
CloudToday has the right to terminate the contract
with immediate effect at any time (by suspending your
use of the services ), in case you do any of the
following:
-
Violation or breach of any of the subscriber’s terms
and conditions.
-
If CloudToday believes that you are misusing its
services, or related services.
-
For any reason that is subject to CloudToday‘s
absolute discretion.
Additionally, CloudToday is not obligated to send you
previous notice of contract termination.
-
Invalidation of One or More Terms
The invalidity of any of the provisions or terms of
the present subscriber’s terms and conditions does not
affect the validity of the remaining provisions and
terms contained therein.
In the event that there is any invalid judgment in the
present conditions of the subscriber or the existence
of an unacceptable judgment in certain circumstances
in accordance with the criteria of reasonableness and
fairness and to this extent only, it shall be
substituted between the two parties by a ruling that
is acceptable in consideration of all circumstances
and conforms to the provisions of the void condition
as much as possible, taking into account the content
of these subscriber’s terms and conditions and their
purpose.
-
Service Amendments and Subscriber’s Terms and Conditions
CloudToday reserves the right, at its sole discretion,
to amend or replace any of these subscriber terms and
conditions, or to change, suspend or discontinue
services (including but not limited to, providing any
feature, database, or content) at any time. By
publishing a notification on the site or by sending a
notification to you through the services, or via e-mail,
or via other communication methods. CloudToday may also
place restrictions on certain features and services or
limit your access to portions of the services or the
entire services without notice or liability.
-
Notification
CloudToday may send a notification by sending a general
notification through the services, or by sending an
email to your mailing address registered in the account
information with CloudToday, or by sending a letter by
regular mail to your address registered in the account
information with CloudToday or by other means of
communication.
-
Applicable Law and Dispute Resolution
These subscriber’s terms and conditions shall be subject
to, and shall be applied to the settlement of any
dispute, claim or dispute arising out of or related to
the subscriber’s present conditions, or any violation
thereof, termination, implementation, interpretation,
validity, or use of the site or services, to the laws
and regulations applied in the Kingdom of Saudi Arabia
and interpreted accordingly.
-
The Language of the Contract
The Arabic language is the approved language in the
interpretation and implementation of the contract.
Nevertheless, both parties may use one of the foreign
languages in writing the contract or part of it in
addition to the Arabic language, and if there is a
conflict between the Arabic and the foreign text, the
Arabic text is applied.