These are the general terms and conditions of Agile Cloud Solutions, UAE, hereinafter referred to as “Provider”.
The Provider provides an platform on agilecloudsolutions.ae, which should facilitate the User to view the services provided by the Provider and collect contact information from the Customers willing to avail those services.
General and Application
(1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer.
(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
Service description and prices
(1) The Provider provides an platform on agilecloudsolutions.ae, which should facilitate the Customer to send their contact information to agilecloudsolutions.ae which can be stored in provider's servers to contact the Customer on their query in the future.
(2) To provide its services, the Provider provides the Consumer with a free certain basic service on the website.
(3) The Provider provides memory space to the Customer within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the Customer through uploading or by transferring a download link.
For this purpose, the Customer grants the Provider a right of use of their contact information, unlimited by time or space.
The Provider reserves the right to change or discontinue any of the services at any time.
(4) Specific scope of services depends on the corresponding description of the services offered by the Provider, which are an essential part of these terms and conditions.
(5) The Customer has a right to compensation, provided that its counterclaims have been judicially determined, recognized or undisputed by the Provider. The Customer may exercise a right of retention only if its counterclaim is based on the same contractual relationship.
Infringing content policy
Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on agilecloudsolutions.ae. For this purpose, the Provider requires detailed information. This information should content the following:
(1) A statement that contents at agilecloudsolutions.ae infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf;
(2) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content;
(3) Full name, address, telephone number and email address of the user;
(4) A statement, that the user is either the copyright owner or a person authorised to act on their behalf;
(5) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person.
The Customer disclaims the Provider and its employees of all claims, which other customers or third parties might have against the Provider because of violation of their rights through the data posted by the Customer on the website agilecloudsolutions.ae or through provided files from the Customer on the server of the Provider. This includes the costs of reasonable litigations and related expenses. For this purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees. This does not apply if the Customer is not responsible for the infringement.
(1) The Provider assumes no liability for the no-break availability of the server as well as for system-dependent losses, interruptions and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators.
(2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Provider. The Provider is not liable for slightly negligent violation of inessential contractual obligations. However, the Provider is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Provider is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust. The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Provider is accusable of personal injury, impairment to health and death of the Customer.
(3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence of the Customer’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts.
(4) The Provider is only liable for the own contents on its web page agilecloudsolutions.ae. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Provider does not embrace the external content.
In case that the Provider is informed about illegal contents on external web pages, the Provider will remove the link provided that this is technically possible and reasonable to him.
Rights of the Provider
All copyrights, trademark rights or other intellectual property rights to the website agilecloudsolutions.ae, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the Customer to the contents submitted by him or transmitted to the Provider remain unaffected.
(1) Customer data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfillment of the contract.
(2) Personal data collected during the registration and performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the Customer consents herein.
(3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the Customer to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so
(4) The Provider points out to the Customer that personal data (user-related data) and other information concerning its use (connection data) (i.e. access passwords, up- and downloads), will be stored during the lifetime of the contract as far as it is required to fulfill the purpose of the contract, in particular for invoicing.
(5) The Provider is entitled to pass anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance.
Change of the general business regulations
(1) The Provider reserves the right at any time to make changes of these general terms and conditions under adequate prior notice of at least two weeks. The announcement will be served through publication of the changed general terms and conditions on the Internet indicating the effective date on the website agilecloudsolutions.ae.
(2) If the Customer does not disagree within two weeks after publication or if the Customer continues using the ordered services offered by the Provider after the expiration of the period, the changed terms of business are considered as accepted. In particular, the change announcement will be pointed out to the two weeks term. In case of objection, the contract remains with no changes in content and with the current terms and conditions. However, the Provider is entitled to terminate the contract.
Applicable law and jurisdiction
(1) This agreement shall be governed by the laws of the United Arab Emirates. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.
(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given.
The same applies if the client has no general jurisdiction in India or residence or usual stay is not known at the time of the filing of the action.
If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected.