Terms and Conditions

Last modified on November 22, 2018

Preface

Whereas the first party is a provider of multiple payment is a solutions integrated under one contract for portals, platforms, systems for services, e-payment, e-commerce and e-services, and provides multiple services through these gates or platforms, including payment of financial dues. The first party is an owner, partner, agent and broker for websites, multiple solutions, multiple payment portals, applications and platforms for the marketing, display, sale and purchase of goods and services, referred to in this contract as "electronic applications".

Whereas the second party works in business field and wishes to benefit from the services and solutions provided by the first party or related to it via the use of modern technology means. Having both contracting parties confirmed their full ability to contract and dispose, it was agreed upon the following:

 

First Preamble:

The above preamble shall be deemed as an integral part of this contract and shall be read and construed along with it.

 

Second: Contract Term:

Term of this Contract shall be ……………. effective from the date of signing hereof or based on website registration. It shall be automatically renewed for a similar period unless either party serves a one-month notice prior to the end of the contract term to renew hereof.

 

Third: Scope of Contract:

 

Article 1 - Services and Goods Display & Promotion:

For the undertakings and conditions provided for in this Contract, the Second Party designated the First Party as a bidder, organizer, marketer, collector of funds and promoter of the goods and services of the Second Party, in accordance with the following provisions:

  1. The Second Party shall authorize the first party to offer, promote and advertise its own goods and services in electronic applications owned by the first party or its participants or in which they have the authority to use and display the goods in order to make them available for sale and purchase through these applications.
  2. The second party shall provide all the requirements, data and real information concerning the goods or services of the first party for presentation in the electronic applications. The second party alone shall be liable for the correctness of the data and information provided by him.
  3. The first party shall have the freedom to choose the electronic applications and platforms in which the goods and services of the second party will be displayed and their number and the freedom to choose the means, areas and time periods suitable for the display and advertisement, as the first party deems fit.
  4. The second party shall prepare and design all promotional and advertising materials for its goods, and then send them to the first party to be displayed in electronic applications. The first party may also undertake the necessary designs for advertisements and display them in electronic applications.
  5. In all cases, the Second Party shall not copy, publish or distribute any materials, designs, advertisements or other materials prepared by the First Party for electronic applications without obtaining its prior written consent.
  6. In the event of the sale of the goods or services or the completion of a transaction of the Second Party as a result of the offer and promotion made by the First Party, the second party alone shall bear all the obligations, liabilities and legal effects resulting from the transaction, including the obligation to deliver the goods or service, Etc., and the First Party is not a party to the Transaction and therefore has no liability in this regard.
  7. In the case of the sale of the goods or services of the Second Party, the First Party shall issue an invoice on behalf of the Second Party and register them in the system and notify the parties concerned with the details of the transaction and the Buyer / Client data so that the Second Party fulfills its obligations arising from the sale.
  8. The Second Party shall review all transactions and transactions carried out through the First Party and ensure that all the customer's request and transaction data are checked and all the supporting documents relating to the delivery of the service or the goods and the customer's evidence are kept.
  9. The second party shall, during the period of this contract, update the systems of the First Party with the number of remaining goods with their specifications of each type and the time required for their availability, if they do not exist, in order to avoid the occurrence of the sale of goods.
  10. The First Party shall not be liable for any business contract to which it is not a party. Therefore, the Second Party and Buyer shall bear full legal liability for this, and the effects of any contract or transaction made by the First Party to the Second Party and the Buyer shall be waived.
  11. In the event of any technical error in one of the buying and selling operations, the second party shall inform the first party immediately to amend the defect by means and methods available for that.

 

Article 2 - Funds & Debts Collection:

Against the undertakings and conditions stipulated in this contract, the Second Party shall appoint the First Party as the recipient of the funds and debts due to the Second Party in respect of its debtors and its clients, in accordance with the following provisions:

  1. The Second Party shall empower the First Party to seek collection of the funds and debts due to the Second Party in respect of its debtors and its clients, and thus the First Party shall be entitled to use the Second Party's name in claiming the funds and debts due to the Second Party.
  2. The Second Party shall recognize the freedom of the first party to choose the means and the appropriate timing for claiming the debt and the means of payment, including the freedom to use the technology, electronic messages, etc. in the claim.
  3. The second party shall provide the first party with the names of the debtors to whom it is required to pay the debts, the reason and the amount of the claim, the e-mail addresses and their ordinary mail, and any other information requested by the first party for the purpose of claiming the debt owed and the debtors. The Second Party shall also notify the First Party of any error or correction in the information provided by it immediately upon discovery.
  4. The Second Party acknowledges its full responsibility for the validity of the legal debt, the validity of the amounts claimed and the accuracy of the information, figures and data provided by the First Party for the purpose of claiming the debt.
  5. The first party is committed to placing all the money collected in the account of the customer.

 

Article 3 - The legality of goods and services:

  1. The Second Party acknowledges that all services, goods, advertisements and claims that the First Party is required to display, promote and collect in electronic applications are not prohibited, suspicious, stolen, counterfeited or in violation of the laws in force in the ministries, Or violate the rights of any individual or company, and in case of violation, the second party alone bears personal and legal responsibility for this violation without the slightest liability of the first party.
  2. The Second Party acknowledges that all trademarks of goods and services that the First Party is required to offer in electronic applications belong to the Second Party or authorized to use them, and the First Party shall not be liable to them.
  3. The First Party shall not be liable for any errors caused by incorrect data or information presented by the Second Party or its customer data.

 

Article 4: Service charges:

In return for the provision of the services provided for in this contract, the amounts due by the Second Party shall be calculated in favor of the First Party in accordance with the following:

  1. Service preparation fees are payable immediately after signing the contract .
  2. Monthly fees for basic and additional services upon signing the contract regardless of the financial return and the number of transactions payable at the beginning of each month of the calendar year.
  3. Annual fees for basic and additional services upon signing the contract regardless of the financial return and the number of transactions paid at the beginning of each Gregorian year.
  4. Additional Services Fees (Setup and Recurring)
  5. Fixed fees or a certain percentage or both on each transaction.

The second party is obliged to pay the specified fees such as "preparation, annual, and monthly" regardless of the financial return and the number of sales transactions made to the benefit of the second party, the second party undertakes to pay the amounts due, even if he did not use the services. These charges will only be incurred upon termination of the contract.

 

Article 5 - Terms of Payment and Transfer of Amounts:

  1. Each of the following Parties (the First Party or the Principal Supplier) shall pay the amounts directly owed by the Second Party to the Second Party in order to be able to pay the Second Party in the event of the conclusion of the transaction, purchase of the goods, service or collection, For the Second Party as a result of the offer, promotion or other made by the First Party or by the means provided by the First Party after deduction of the amounts made by the Second Party in favor of the First Party by one of the following means:
    1. Bank transfer or bank deposit
    2. Cash amount
    3. Checks
    4. Additional services to any party
  2. The term of payment to the second party depends on several things, for example, but not limited to:
    1. Specific credit amount (depends on customer's seniority and risk level)
    2. At the time of submitting the request for transfer by the second party
    3. Time of completion of transactions
    4. Type of activity
    5. Other factors
  3. The First Party shall have the right to suspend or delay any payment for a period specified by the First Party or returned to the Customer, the Bank or the Principal Payment Provider in the following cases:
    1. High risk level.
    2. Complaint or dissatisfaction of the Second Party Customer.
    3. Failure to deliver the service or goods to the second party customer
    4. Failure to meet specifications, quality or delivery time specified
    5. The extent of the Second Party's cooperation in delivering the required data and confirming that it has complied with all the requirements of the transactions.
  4. If money is transferred to the account of the second party as a result of a technical or technical error outside the will of the first party or the transfer of amounts unjustly to the second party, the second party shall be obliged to return these amounts to the first party immediately after discovery of the error. The termination of the contract and resort to the judiciary to claim the amount in addition to the claim for damages caused by the failure of the second party to return the amount transferred by mistake.
  5. The Second Party shall grant the First Party all powers to act in cases of fraud or fraud or in the case of refunds by the banks or supervising them and deduct the amount from the current or future amounts of the second party.
  6. The first party may introduce any new fees at any time related to the services provided in case of taxation or increase of bank or government fees and other similar matters
  7. The currency adopted and applied in all transactions between the two parties and the customers of the first party shall be the Bahraini dinar. Any differences arising from the use of another currency shall not be taken into account and shall not be invoked against the first party.

The second party is obliged to pay the specified fees such as "preparation, annual, and monthly" regardless of the financial return and the number of sales transactions made to the benefit of the second party, the second party undertakes to pay the amounts due, even if he did not use the services. These charges will only be incurred upon termination of the contract.

 

Article 6 - Fees and other charges:

The Second Party shall bear all fees and charges for the delivery and transportation of goods and products and to provide services sold by the First Party or any other expenses arising from the sale and shall bear all amounts incurred, for example:

  1. Sale process fees
  2. Bank fees
  3. Transfer fees
  4. Checks issuance fees
  5. Administrative fees and other services
  6. Technical support and maintenance
  7. Additional current and activated features later

 

Article 7 - Electronic Fraud and Illicit means of payment:

  1. The Second Party shall indemnify the First Party for any amounts or damages that the First Party has been obliged to pay as a result of the Second Party's agents paying for the goods, services or debt using fraud, fraud, forgery or using a credit card or ATM that is not authorized to use it or any other means Illegal.
  2. The Second Party acknowledges that the First Party shall not assume the minimum liability for payment by the buyer or the debtor of the price of the good or service or payment of the debt claimed by means of fraud, fraud, forgery, credit card or unauthorized ATM or other means Legitimate.
  3. The First Party shall not be liable for any damage caused to the Second Party in the event that the electronic applications are exposed to an electronic piracy process or if there has been a breach of their security or services or stopped or acted in any manner contrary to the first party's desire in the information of the electronic applications.
  4. The first party may request new information or update previous information or evidence from time to time to ensure its safety.
  5. Some types of activities or services provided by the second party need to take additional precautions and request more evidence from the customer, and the second party shall review the first party and the competent authorities regarding additional protection procedures and how to deal with them.

 

Article 8 - Technical malfunctions and modernization:

The First Party may, at any time during the validity of this Contract, terminate the services provided by it for a period specified by the First Party without prior notice in the following cases:

  1. Data updating or development of data on electronic applications
  2. Cases of sudden technical failures that require maintenance and repair of services.
  3. Electronic applications or applications suddenly stop working for any reason outside the will of the first party.
  4. If he believes or has any reason to believe that there is an electronic fraud or illegal transaction.

 

Article 9 - Inactive accounts

A second party account is inactive when one of the following conditions applies:

  1. Not to enter the account for more than 3 months.
  2. If the number of operations is less than 15 per month.

The first party shall take the following actions if one or both of the above conditions apply to the expense of the second party:

  1. The imposition of monthly fees deducted from the account of the second party by 10 dinars for amounts not exceeding 200 dinars, and by 5% on the higher amounts.
  2. To suspend, freeze or cancel the privileges or special discounts granted to the Second Party as deemed appropriate by the First Party.

Activation of the account or suspension of fees on the second party to address the first party with the means provided by the first party.

 

Article 10 - General Provisions:

  1. All intellectual property rights and legal rights of the images, information and advertisements presented by the first party in the electronic applications belong to the first party.
  2. The Second Party shall not prejudice the interests of the First Party, whether by word or deed or by publication or in any form of prejudice, and extends this obligation until after the termination of this contract.
  3. The second party to review all settings and services and service experience periodically to ensure that all data in all stages of the service and the validity of the settings and efficiency.
  4. In the event that the Second Party detects any defect or doubt about anything abnormal, it shall stop the service and report it directly and formally to the First Party's officials to find the appropriate solutions by means of such means.
  5. Any service, data or process related to the services provided shall be handled differently by the First Party in its own way and under the legal framework it deems appropriate.
  6. If the number of operations is less than 15 per month.
  7. If the number of operations is less than 15 per month.
  8. If the number of operations is less than 15 per month.
  9. If the number of operations is less than 15 per month.
  10. If the number of operations is less than 15 per month.
  11. If the number of operations is less than 15 per month.
  12. If the number of operations is less than 15 per month.
  13. If the number of operations is less than 15 per month.
  14. If the number of operations is less than 15 per month.
  15. If the number of operations is less than 15 per month.
  16. If the number of operations is less than 15 per month.
  17. If the number of operations is less than 15 per month.
  18. If the number of operations is less than 15 per month.

 

Article (2):Gaatee Service for Payment & E-Marketing

2-1 The first Party shall provide Gaatee Service for Payment & E-Marketing to the Second Party and customers thereof by offering a private account to the Second Party.

2-2 The Second Party shall register Gaatee service as follows:

A-The Second Party shall register through the First Party’s website www.Gaatee.com provided that the First Party shall inform the Second Party and agree to comply with the terms and conditions set out in the website .The Second Party undertakes to come to the premises of the First Party to sign the agreement within not later than 30 days from the registration date in the website .If the Second Party fails to come , the First Party shall have the right to cut the service immediately and without notice .

B- Or the Second Party may come immediately to the premises of the First Party to sign the agreement and read the terms and conditions to use the service .

2-3 upon the registration of the Second Party in the Gaatee gateway service, the Second Party shall be responsible to keep the user name and the password confidential and shall change the password periodically.

 

2-4  Upon using the Gaatee gateway service , the User ( Second Party) shall make sure that all inbound and outbound data shall be true ,including but not limited to  personal data , company’s name , invoice No., and the name of the payment gateway , and the  Second Party shall be held liable for that .

 

Article (3): Validity of Agreement

This Agreement shall be binding upon both parties once signed ,and the Second Party shall comply with the same only in the event of registration only set out in the foregoing article and each party shall perform their respective obligations set out in  the Agreement .

Article (4): First Party’s Responsibility

4-1 The First Party shall be responsible to incorporate and run Gaatee service and shall link the website to the necessary online payment gateway.

4-2 The First Party shall provide the following information at the page of the Second Party in order that the Second Party’s customers can verify the payee’s identity provided that the Second Party shall enter the correct information through its page as follows:

  • Second Party’s name
  • Service or goods provided by the second Party
  • The amount owing against the Second Party’s customer

The First Party shall not be held liable if the Second Party’s customer makes an error due to the fact that the Second Party’s customer has not paid attention to the information shown in the payee’s page.

Article (5): Second Party’s Responsibility

5-1 The Second Party shall provide all true and accurate information in relation to the transfer transaction to the First Party.

  • Bank account details required  to transfer  the amount 
  • Tel No.
  • E-mail
  • Personal address
  • Information required to get to the Second Party’s customer
  • Any other information required to carry out the transfer transaction

5-2The Second Party Shall update the information in relation to Gaatee gateway service  provided that the Second Party shall notify the First Party of any information update and the First Party shall assume no responsibility if the Second Party delays to notify the same of any changes  .

5-3  The Second Party shall pay the outstanding amounts for the First Party as a result of transfer transactions as agreed upon between both parties in the article (7) hereof .

 

5-4 The Second Party shall not damage the First Party’s interests and reputation, otherwise the First Party shall have remedy over against the Second Party by making a claim for compensation against injury suffered by the First Party.

 Article (6) Guarantee & Compensation

 

6-1 Either Party shall guarantee to comply with its relevant obligations towards each other in the Agreement

 

6-2 in the event that some amounts came illegally into the Second Party’s account due to a technical error unintentionally  made by the First Party , the Second Party shall thereafter return the amount to the First Party in order that the said amount be refunded to its owner ,otherwise the First Party shall remedy over against the Second Party by making a compensation claim  for damage incurred to obligate the Second Party to pay the amount ,along with damages  incurred by the First Party due to the Second Party as a result of the third party funds’ disposal .

6-3 The First Party shall not be held liable for the stolen payment cards during the online payment transactions

6-6 The First Party is not bound to check and examine the information and materials indicated through the Gaatee gateway service, and the First Party shall provide materials and information to the competent and government authorities.

 

Article (7): Commission

7-1 Both parties agree that the commission calculated on the transfer transactions shall be made in accordance with the commission schedule described in the application form attached.

7-2 The Second Party shall, upon receipt of the total amount of the current transfer transactions during the month, hand over the relevant commission to the First Party not later than 45 days maximum from the beginning of each month .In the event of delay to pay the amount, the First Party shall have the right to calculate the rate of 1% for each day of delay .The First Party may remedy over against the Second Party by filing a claim for the amounts owing to the Second Party.

7-2 The First Party may increase the commission amount or the amount deducted or additional fees to be imposed at any time by giving a 20 days’ notice to the Second Party in writing.

Article (8): Commission

All transactions shall be calculated in Bahraini Dinar only, and the First Party shall not bear any existing differences in the exchange rate transactions.

 

Article (9): Confidentiality

9-1 Either party hereof shall keep the information in relation to the Gaatee gateway service confidential in order to protect the interests of both parties from whatsoever harm.

9-2 The Second Party shall not divulge his /her account details to anyone, and the Second Party shall be exclusively held for his /her account confidentiality and security .If there is any breach of the account security and confidentiality, the Second Party shall notify the First Party immediately.

 

9-3 Either party shall continue to keep the Gaatee gateway service confidential after the expiry of the relationship between both parties.

 

9-4 The First Party shall have the right to use data and information indicated in Gaatee gateway service in studies, research, marketing and any other area to serve the First Party provided that the Second Party’s information shall not be disclosed

 

Article (10): Service Suspension

The First Party may suspend the service from time to time without giving any prior notice to the Second Party in order to update and upgrade the contents of Gaatee gateway service or for service maintenance and repair due to sudden failure of a service provider  occurred beyond the First Party’s expectations and discretion .

 

Article (11): Termination

11-1 Either party may terminate the Agreement by giving a 60 days’ notice to each other 

11-2 The First Party shall have the right to terminate the agreement immediately without notice in the following cases:

A-If there is any breach of the agreement articles made by the Second Party , and the First Party shall have the right to terminate the agreement provided that the Second Party shall pay the outstanding amounts to the First Party not later than 15 days from the date of being notified by the First Party ,otherwise an additional amount will be charged for the benefit of the First Party in return for a delay at the rate of 1% of the total amount due for each day of delay .

B-If the Second Party fails to meet its obligations due to accrued debts, winding -up or declaration of bankruptcy and likewise, the First Party shall have the right to terminate the Agreement.

 

Article 12): Effects of Agreement Termination

12-1 The Second Party shall pay the amounts due within 30 days from the date of the agreement termination provided that the paragraph (A) of the item (2) of the article (11) hereof.

 

Article (13): Swindling & Fraud

13-1 The Second Party shall not use Gaatee service for any illegal purpose and shall not violate the effective laws and regulations by means of sale or purchase of any service, including but not limited to infringement upon intellectual property or any other property rights.

13-2 The First Party shall have the right to suspend all the Second Party’s transfer transactions with immediate effect in the event that the First Party is skeptical about any illegal transfer transaction made through Gaatee gateway service.

 

Article (14): Amendment of Agreement

 

14-1 The First Party may amend this agreement at any time and shall have the right to publish online the revised version of the agreement in the service website at large but no names will be identified.

 

14-2 If there are substantial variations in the agreement, the Second Party shall post a 30 days’ notice in the website in which all amendments made in the agreement shall be indicated, and the revised version of the agreement made by the First Party shall be binding upon the Second Party after the expiration of 30 days from the date of publication on the website and if the Second Party does not respond to that effect.

 

Article (15) :Force Majeure

15-1 This Agreement may be suspended if there is a force majeure impeding the payment transaction beyond the control of both parties including but not limited to:

Natural catastrophes, acts of riots and so on.

15-2 notwithstanding any article of the agreement, neither party shall be deemed to be in breach of this agreement if he /she is unable to perform its obligations owing to the force majeure.

15-3 If the force majeure continues and the result is that the payment of both parties is not fulfilled by both parties of the agreement, either party shall give the other party a letter to terminate the agreement.

 

Article (16): Recognized Language

The Arabic version of this Agreement shall prevail, and any translation to another language is just for ease of reference, and shall not be used in case of difference to construe and interpret the Arabic version.

 

Article (17): Jurisdiction

Both parties agree that courts of the Kingdom of Bahrain shall be exclusively competent to examine or hear any case that may arise out of the subject of the Agreement