Terms & Conditions (UAE) | TENDERD

Welcome to our Terms & Conditions – UAE

These Terms & Conditions – UAE outline the key terms governing your use of TENDERD’s software, services, and any associated hardware. By using our services, you agree to comply with these terms.

  1. Effective Date and Term:
    • The Order Form becomes effective upon the Effective Date. 
    • The Order Form shall continue for an initial term of twenty five (25) months from the Subscription Services Start Date (the “Initial Period”). At the conclusion of the Initial Period, the Order Form will automatically renew for successive one (1) year terms (each a “Renewal Period”), unless either party provides written notice of termination to the other party at least ninety (90) days before the end of the then-current term. 
    • All pricing and discounts outlined in this Order Form are contingent upon the Customer’s execution and return of this Order Form by the specified Expiry Date.
  2. Services and Payment:
    • The Customer agrees to purchase the Services detailed in the “Services & Pricing Details” section of this Order Form. These Services are valid only for the Initial Period, and any unused Services remaining at the Subscription Services End Date will expire without refund.
    • Subscription Term: The first subscription year shall be extended to thirteen (13) months to accommodate a one-month commissioning period, followed by twelve (12) months of active service. Thereafter, the Subscription shall continue and renew annually for successive twelve (12) month periods unless either Party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
    • Billing Frequency: Annual in Advance as of Effective Date. The Customer shall be billed for the first year on the Effective Date, and annually on the anniversary of the Effective Date for subsequent year(s).
    • The Customer shall pay all Fees as per the payment terms in this Order Form. Late payments will incur interest at a rate of 1.5% per month, calculated from the due date until paid in full.
    • All Fees are non-refundable unless expressly stated otherwise in this Order Form.
    • Payment Terms: Subscription Net 30 from invoice date & One-Time Services immediate upon signing this Order Form
  3. Taxes:
    • All Fees listed in this Order Form are exclusive of VAT or other applicable taxes, unless expressly stated otherwise. If a tax authority assesses VAT or similar taxes on the Service Provider(s) in connection with the Services, the Customer agrees to reimburse the Service Provider(s) for such taxes within seven (7) business days of receiving notice and supporting documentation of such assessment.
    • If the Customer is required by law to withhold taxes on any payments due to the Service Provider, the Customer agrees to increase the payment to reimburse the Service Provider for the withheld amount, ensuring the Service Provider receives the full invoiced amount without any deduction.
  4. Hardware Warranty:
    •  Hardware will be covered by warranty for 1 year from the Effective Date.
  5. Price Adjustments:
    • Pricing for any Renewal Period will remain consistent with the then-current agreed price, unless explicitly stated otherwise in the applicable agreement or Order Form. However, TENDERD reserves the right to adjust pricing for the Products or Services beyond the Current Term Period, with prior notice to the Customer no less than sixty (60) days before the new pricing takes effect.
  6. Customer Responsibilities:
    • The Customer shall ensure that its personnel, facilities, and equipment are made available as required to facilitate the deployment and performance of the Services. Any delays caused by the Customer may result in additional costs or revised timelines, which shall be the Customer’s responsibility.
    • The Customer shall promptly notify TENDERD of any changes that may affect the provision of Services, including but not limited to changes in operations, facility access, or points of contact.
  7. Marketing and Promotional Use:
    • The Customer agrees to provide a testimonial or case study within six (6) months of the first transaction under this Order Form. This may be in the form of a video or written statement, which TENDERD’s marketing team will assist in preparing.
    • The Customer grants TENDERD the right to use such testimonials or case studies for marketing and promotional purposes, in accordance with any confidentiality obligations in the MSA.
  8. Confidentiality and Data Protection:
    • The parties agree to comply with all confidentiality and data protection obligations outlined in the Master Service Agreement. Any Customer Data provided under this Order Form shall be handled in accordance with TENDERD’s data security and privacy policies.
  9. Termination:
    • Termination for Cause: Either party may terminate this Order Form if the other party materially breaches any of its obligations under this Order Form or the MSA and fails to remedy such breach within thirty (30) days after receiving written notice of the breach.
    • Termination by or Because of the Customer: If the Customer terminates this Order Form for any reason other than TENDERD’s material breach under Clause X(1), or if TENDERD terminates this Order Form because of the Customer’s breach under Clause X(1), the Customer shall be liable for all fees due for the remainder of the then-current subscription term, including any one-time or recurring charges agreed to herein.
  10. Governing Law and Dispute Resolution:
    • This Order Form shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or in connection with this Order Form, including its interpretation, breach, termination, or validity, shall first be resolved through good-faith negotiations between the parties. If the dispute is not resolved within thirty (30) days, it shall be submitted to the binding court in the jurisdiction of the United Arab Emirates. 
  11. Miscellaneous:
    • This Order Form is subject to the limitations of liability and force majeure provisions outlined in the Master Service Agreement.
    • This Order Form, together with the Master Service Agreement and any associated documentation, constitutes the entire agreement between the parties regarding the Services and supersedes all prior agreements or understandings related to the subject matter.
    • Any amendments to this Order Form must be in writing and signed by authorized representatives of both parties.