Last modified on February 20, 2016
The First Party shall provide Gaatee gateway for payment and e-marketing services which is a project owned by the first Party and the Second Party desires to get such service from the first Party. Both parties have the legal capacity to enter into contract and hereto agree as follows:
The foregoing preamble shall be an integral part hereof
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.
- 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