Terms & Conditions
By subscribing to the duniaSME Services as indicated above, You hereby agree to the terms and conditions as set forth hereinafter.
- duniaSME Services (“the Services”) is a business support service, currently made available by Dunia Finance LLC (“dunia”) through “Quatrro Global Services Private Limited (hereinafter referred to as “the Service Provider”), a reputable third party service provider, selected by dunia. In making available the Services to you, dunia is merely acting as a facilitator and therefore takes no responsibility, liability or obligation in respect of the quality and efficiency of the provision of the Services. Any claim against the quality or efficiency of the Services may be addressed to the Service Provider directly. dunia may change the Service Provider, scope of the Services and the terms and conditions from time to time. Any change in any of the aforesaid will be updated on www.duniasme.ae (“the Website”). You are expected to check the Website from time to time for any change in terms and conditions including fees and your continued usage of the Services shall be deemed acceptance of any change.
- YOUR RESPONSIBILITIES:
You agree that You shall be responsible for any delays, additional costs, or other liabilities caused by or associated with any deficiencies in carrying out Your responsibilities. The Service Provider’s failure to perform its contractual responsibilities or to perform the Services, shall be excused if and to the extent the Service Provider’s non-performance is caused by Your omission to act, delay on Your part or wrongful action on Your part, Your failure to provide inputs, Your infrastructure, or Your failure to perform your obligations under these terms and conditions. So long as the Service Provider has performed the Services in material conformance with the specifications, the Services shall be deemed to be accepted by You.
- FEES AND PAYMENTS:
You shall pay dunia all applicable fees or charges, as dunia may decide to levy from time to time, with respect to the use of the Services. Payment shall be made upfront and in advance for the Term (as defined below in clause 4)
- TERMS AND TERMINATION:
- 4.1 Initial subscription term shall commence within two business (2) days of receiving the payment and expire at the end of the period selected during the subscription process ("Initial Subscription Term").
- 4.2 Renewal Subscription Term - Unless either dunia or You gives the other written notice that it does not intend to renew the subscription, these terms and conditions will automatically renew for the same term. ("Renewal Subscription Term"). Written notice of non-renewal must be sent no less than ninety (90) days in advance of the end of the subscription Term. The Renewal Subscription Term will be subject to the prevailing fees and charges as specified in the duniaSME Fees and Charges available at www.duniasme.ae. Should you decide not to renew, you may send a written notice of non-renewal to dunia at the following address:
Dunia Finance LLC
Level 2, Building No. 6
Dubai Outsource Zone
- 4.3 The subscription Term will end on the expiration date and cannot be canceled before its expiration unless as aforesaid.
- 4.4 In the event of termination by dunia, dunia shall (a) on a best efforts basis endeavor to provide You with an alternative service provider of acceptable quality at the discretion of dunia or (b) if dunia is unable to find an alternate service provider, dunia after deducting applicable fees and charges shall refund the unamortised portion of the fee for the remainder of the contract.
You shall not assign any rights or delegate any obligations/responsibilities under these terms and conditions without the prior written consent of dunia.
- LIMITATION OF LIABILITY:
Neither dunia nor the Service Provider shall be liable for any special, indirect, incidental, consequential or punitive damages (including but not limited to loss of profits or revenues) resulting or arising from any breach of these terms and conditions regardless of whether such claims for damages or other relief is based on breach of warranty or other contract, negligence, strict liability, or other tort, or any other legal or equitable theory. The maximum aggregate liability of the Service Provider for damages whether based on breach of warranty or other contract, negligence, strict liability, other tort, breach or the statute or governmental rule, or any other legal or equitable theory relating to the performance of the Services under these terms and conditions shall be the consideration received by the Service Provider for the Services to which the claim relates during the IMMEDIATELY preceding three (3) months. dunia shall not be liable for damages whether based on breach of warranty or other contract, negligence, strict liability, other tort, breach or the statute or governmental rule, or any other legal or equitable theory relating to the performance of the Services under these terms and conditions. The Services that the Service Provider will perform are not designed and cannot be relied upon to disclose errors, fraudulent financial reporting, and misappropriation of assets or illegal acts, should any exist. However, the Service Provider will inform the appropriate level of management of any material errors, fraudulent financial reporting, and misappropriation of assets, or illegal acts that comes to the attention of the personnel providing the Services. You are responsible for safeguarding the assets, for the substantial accuracy of the financial statements and for ensuring compliance with the laws and regulations applicable to its activities.
With respect to any information supplied in connection with these terms and conditions and designated as confidential, or which should reasonably be believed to be confidential based on its subject matter or the circumstances of its disclosure, both You and dunia agree to protect the confidential information in a reasonable and appropriate manner, and use the confidential information only to perform your obligations under this engagement and for no other purpose. This will not apply to information which is: (i) publicly known, (ii) already known to the recipient (iii) lawfully disclosed by a third party, (iv) independently developed, (v) disclosed pursuant to legal requirement or order (vi) disclosed on a need-to-know basis to either dunia’s or your respective independent contractors, agents and affiliates including the Service Provider who agree to maintain its confidential nature, or (vii) as requested by your corporate parent. The Service Provider may also mention your name and provide a general description of the engagement in its client lists or marketing materials.
If any clause of these terms and conditions shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable these terms and conditions, such clause shall be severed from these terms and conditions to the minimum extent necessary to avoid such invalidity or unenforceability, and the rights and obligations of the parties shall be construed and enforced accordingly.
- SURVIVAL OF OBLIGATIONS:
Sections 6 and 7 of these terms and conditions shall survive expiration or termination by either You or dunia for any reason whatsoever.
- NO THIRD PARTY RIGHTS:
There are no third party beneficiaries to these terms and conditions. These terms and conditions shall not provide third parties with any remedy, cause, liability, reimbursement, claim of action or other right in law or in equity for any matter governed by or subject to the provisions of these terms and conditions.
- INDEPENDENT CONTRACTOR:
The Service Provider is an independent contractor and not your employee, agent, joint venturer or partner. The Service Provider will determine the method, details and means of performing the Services, and assumes full and sole responsibility for the payment of all compensation and expenses of its employees and for all of its state and federal income tax, unemployment insurance, Social Security and other applicable employee withholdings.
- ENTIRE TERMS AND CONDITIONS AND AMENDMENT:
These terms and conditions shall constitute the entire agreement governing the subject matter of the Services. The Service Provider shall not be deemed to have made any representations or warranties as to its performance except as expressly set forth in these terms and conditions and the Service Provider expressly excludes and disclaims all warranties, conditions or statements, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or that deliverables will be error-free. The provisions of these terms and conditions supersede all prior oral and written promises, representations, communications, agreements and understandings of the parties in respect to the subject matter of these terms and conditions. Only both parties agreeing to the amendment in writing may amend these terms and conditions.
- GOVERNING LAW:
Any dispute or difference between You and dunia will be submitted to the non-exclusive jurisdiction of the civil courts of the Emirate which we elect to be the convenient or relevant jurisdiction in the United Arab Emirates.
Nothing in these terms and conditions is considered to be waived by either You or dunia unless the party claiming the waiver receives the waiver in writing. No breach of these terms and conditions is considered to be waived unless the non-breaching party waives it in writing.
- FORCE MAJEURE:
Neither dunia nor You shall be held responsible for any delay or failure in performance of any part of these terms and conditions to the extent such delay or failure in performance of any part of these terms and conditions is caused by fire, flood, explosion, war, labor dispute, embargo, government requirements, civil or military authority, act of God, act or omission of transportation companies or other causes (whether similar or dissimilar to those enumerated above) beyond its control.
All notices required or permitted to be given under these terms and conditions shall be in writing and shall be sent by registered or certified mail (return receipt requested) at the addresses below. All notices shall be deemed to have been given if and when confirmation of receipt is received or, if mailed, forty eight (48) hours after being mailed as evidenced by the postmark at the point of mailing or the return receipt.
For Dunia Finance LLC
Level 2, Building No. 6
Dubai Outsource Zone
For the Customer