Legal Terms

Aamali ERP system contracting terms

Last updated : 22 Feb 2024

imgs

This Agreement (the "Agreement") is entered into as of Effective Date, by and between Hekaya Holidays SPC, hereinafter referred to as the "Agency," and the user, hereinafter referred to as the "the user” once the user purchased any packaged offered for Aamali ERP system, hereinafter referred to as ‘’the system’’ or ‘’system’’. 

Background

Whereas, the Agency is engaged in the business of travel and tourism services, providing efficient back-office management by its third party. 

Whereas, the user purchase one of the Aamali ERP system package, a comprehensive solution designed for back-office management in the travel and tourism industry.

Now, therefore, in consideration of the mutual covenants contained herein, the user hereby agrees for these terms. 

Purpose

This Agreement outlines the terms and conditions under which the Agency is granted the right to use the Aamali ERP system for the purpose of enhancing and streamlining its back-office management system.

Scope of services

The agency agrees to grant the user a non-exclusive, non-transferable license to use the system for its internal business operations related to travel and tourism services.

Duration and renew

  • Effective Date: This Agreement shall become effective on the date of purchase of the system.
  • Initial Term: The initial term of this Agreement shall be one year from the Effective Date.
  • Renewal Option: The user shall have the option to renew this agreement for successive terms, subject to mutual agreement between the parties.
  • Renewal Notice: In the event the user wishes to renew this agreement, it shall provide written notice to the agency at least one month prior to the expiration of the then-current term. In the absence of such notice, it shall be assumed that the user is not willing to renew the contract.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information disclosed during the term of this agreement. 

Payment terms

The user agrees to remit a total sum of chosen package to the agency for the utilization rights of the system as stipulated in this agreement. The 1st onetime payment shall be made in advance to grant the access to the system wherein the monthly/annually fees shall be made in advance to granted continue access to the system. 

All payments are to be made in OMR by Accepted Payment Method, unless otherwise mutually agreed upon in writing by both parties. In the case of late payments, the agency shall incur a late fee of (Late Fee Percentage) % of the overdue amount per month, compounded monthly.

It is explicitly stated that all payments made by the user to the agency are non-refundable under any circumstances. The user is responsible for any applicable taxes associated with the payments made under this agreement.

Upon the user’s payment, the agency will promptly issue a receipt confirming the amount received and the date of payment. Additionally, any fluctuations in currency exchange rates resulting in variations in payment amounts shall be borne by the user.

Parties’ responsibilities

The agency agrees to:

  • Grant Usage Rights: Provide the user with non-exclusive, non-transferable usage rights to the Aamali ERP system for the agreed-upon term.
  • Technical Support: Offer technical support for the system during the term of this agreement. 
  • System Updates: Provide regular updates and improvements to the Aamali ERP system, ensuring that it remains current and in compliance with industry standards.
  • Data Security: Implement reasonable measures to safeguard the security and integrity of the data stored within the system.
  • Training: Offer one-tome free training to the user's designated users for effective utilization of the system.


The user agrees to:

  • Compliance: Abide by the terms and conditions outlined in this agreement, using the Aamali ERP system solely for internal business purposes in the field of travel and tourism.
  • Payment: Make timely payments to the agency according to the payment terms. 
  • User and branch management: Enter data and manage the system and manage the users and their authorization access and manage the branches. 
  • Data Accuracy: Ensure the accuracy and integrity of the data entered into the Aamali ERP system.
  • User Training: Participate in training sessions provided by the agency to enhance the understanding and optimal usage of the system.
  • Security Measures: Implement reasonable security measures to prevent unauthorized access to the system, including safeguarding login credentials. The user’s is responsible to grant access to the system to the employee of the firm only and not to be provide to others. Also, the user is responsible to ensure using strong password to protect the data in the system from any un-legal access to the system.
  • System Compatibility: Ensure that the Agency's infrastructure and systems are compatible with the technical requirements of the system.

Extra services

The user will be charged for the extra services and facilities that requested to be added in the system and the changes will be activated after the payment is complete and completion of the requirements.  Price will be defined upon type of amendment requested upon case to case. Some amendment might be not applicable to package that is purchased.

Ownership and copyright

The system software, related documentation, and all copies thereof remain with Digital Pioneer Company and/or its licensors. You may not remove the copyright notices from the system. You agree to prevent any unauthorized copying of the system, demonstration software, and related documentation.

Restrictions

You may not sell, assign, sublicense, lease, rent, or otherwise distribute the system for commercial purposes (unless you are an authorized as a distributor provided that all the other clauses of this agreement shall apply entirely), in whole or in part, or use the system. Except as provided in this agreement or the system documentation, you may not reproduce the demonstration software or related documentation, or modify, reverse engineer, decompile, or disassemble the demonstration software, in whole or in part.

Limitation of liabilities

In no event the agency or its licensors be liable to you or any third party for any indirect, special, consequential, incidental, punitive damages or other damages (including but not limited to, the cost of labor, re-qualification, delay, loss of profits, loss of revenues, loss of data, costs of procurement of substitute goods or services or the like) whether based on contract, tort, or any other legal theory, relating to or in connection with the system, the documentation or this agreement, even if agency has been advised of the possibility of such damages.

Termination

The agency may terminate this agreement at any time if you are in breach of any of its terms and conditions. Upon termination, you will immediately destroy or return all copies of the software and documentation to the agency.

Applicable law and jurisdiction

In case of dispute and the absence of an amicable settlement, the only competent jurisdiction shall be the Courts of the Sultanate of Oman. The applicable law shall be the law of the Sultanate. 

Severability

If any provision of this agreement is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of this agreement shall be affected thereby, and the remaining provisions of this agreement shall continue with the same force and effect as if such unenforceable or invalid provisions had not been inserted in this agreement.

Waiver

The waiver by either party of any breach of any provisions of this agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.

Prohibited uses

You agree not to access or use (and shall not permit others to access or use) the system or ServiceNow intellectual property in any manner:

  • To process, use, transmit, or introduce any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information of any kind, or factual data regarding your employees or third data, and particularly.
  • To license, sub-license, sell, re-sell, rent, lease, transfer, distribute, or time share or otherwise make them available for access by third parties.
  • To disassemble, reverse engineer, decompile, or modify them or otherwise create derivative works of them.
  • To access them to develop a product or service that competes with this product. 
  • To use them to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs or engage in any other malicious act.
  • To disrupt their security, integrity, or operation.
  • To remove or modify a copyright or other proprietary rights notice.
  • To use them to reproduce, distribute, display, transmit, or use material protected by copyright or other intellectual property rights. 
  • To use them to damage the property of another.
  • To violate any applicable federal, state, local, or international law or regulation, or advocate, promote, or assist in any unlawful act, constitutes an illegal threat, or violates export control laws.

Thanks for letting us know!
Tell us a little more.
Please select all that apply.
Thank you for your feedback

Related Topics
Legal term
Aamali ERP system demo term of use

Our term to use the free trail demo of Aamali ERP system for travel and tourism agencies.