TERMS AND CONDITIONS
These are the standard terms of business for the provision of Consultancy Services by Comm-unity Online Co. W.L.L. (“Comm.unity”) (“CR No. 116228-1”) (hereinafter referred to as “we”, “us”, “our”, “Comm.unity” or “Company”). Company reserves the right to change these terms of business at any time without prior notice to you, so please check them regularly. In the event of any conflict these terms shall prevail.
In these Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
"The Second Party" means the organization contracting Comm.unity for the provision of consultancy services
“Agreement” means any agreement between the Company and the Second Party (herein after “you” or “your”) for the provision of the Consultancy services, incorporating these Conditions and the terms contained in the relevant service;
"Services" means the work to be undertaken by the Company for the Second Party as described in the Terms of Engagement;
"Terms of Engagement" means the statement provided to the Second Party by Comm.unity, incorporating these Terms, which outlines the nature of the Services, the fees payable and the timeframe for completion of the Services;
“Work” means any activity performed by Comm.unity in relation to the Services rendered.
1. The Services
The Company will provide the Services to the Second Party on, and subject to, the Company Terms and the Terms of Engagement. Comm.unity will not start providing the Services until they have received written acceptance of the Terms of Engagement by the Second Party. By accepting the Terms of Engagement, the Second Party also agrees to be bound by these Terms to the exclusion of all other terms and conditions. By accepting these Terms, the Second Party authorizes Comm.unity to proceed with all relevant preparations for providing the Services. Comm.unity shall provide its services using reasonable skill and care.
In providing the Consultancy Services, Comm.unity shall use its reasonable endeavors to give sound advice based on the information available, but the Second Party will remain wholly responsible for determining matters of policy or action related to that advice. The Second Party acknowledges and agrees that, in order for its personnel to derive benefits from the Consultancy Services, such personnel will be required to make such commitment as is appropriate to the Services being provided.
2. Engagement fees
The rates for fees are subject to review from time to time, but Comm.unity will give it’s charging basis for current and continuing projects. The fees set out in the Terms of Engagement are based on Comm.unity’s understanding of the Second Parties requirements as set out in the Terms of Engagement. The Company reserves the right to make additional charges for any services requested in writing by the Second Party that Comm.unity agrees to provide and that are additional to those allowed for in the Terms of Engagement, which shall then become part of the Services.
Comm.unity may also charge the Second Party for reasonable expenses incurred in the provision of the intermediary services.
All Fees are quoted exclusive of Taxes (if applicable). All payments will be paid by the Second Party via direct bank transfer, cheque, or online purchase (if applicable). Where a refund is due to the Second Party, Comm.unity reserves the right to deduct any administrative bank charges from such refund.
3. Confidentiality and data protection
Both during and after the provision of the Services, All parties shall keep confidential any information of the other party that is obtained in connection with the provision of the Services and that is clearly designated as ‘confidential' or that is by its nature clearly confidential. Neither party shall use such information except in connection with the Services nor divulge it to any third party without the prior written permission of the other party.
The provisions of this clause shall not apply to any information disclosed by a party ("Disclosing Party") that is in, or comes into, the public domain (except as a result of a breach of these Terms); or was already in the possession of the Disclosing Party at the time of its receipt from the other party; or is received by the Disclosing Party from a third party who was not under a legal obligation of confidentiality with respect to it; or is required by law to be disclosed by the Disclosing Party.
All parties shall observe the requirements of the Data Protection Act and any other applicable data privacy legislation in relation to information regarding identifiable living individuals ("Personal Data").
5. Term and termination
The Contract will commence on the date that Comm.unity receives the request from the Second Party and shall continue in full force and effect until the Services have been completed.
6. Disclaimer of Warranties and Liability
All the consultancy services included on or otherwise made available to you writing are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
7. Acknowledgement
The Second Party acknowledges that Comm.unity will not be liable for any damages, interests or claims etc. resulting from Consultancy Services and any advice obtained, or any delay in such Services,
8. Indemnity
Comm-unity Online Co. W.L.L shall be indemnified and held harmless, along with its owner, licensee, affiliates, subsidiaries, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed.
9. Limitation of Liability
IN NO EVENT SHALL COMM.UNITY ONLINE CO. W.L.L. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, PROPERTY, PERSONAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS, LOSS OF PROFITS OR REVENUE, INCURRED BY THE SECOND PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ACCESS TO, OR USE OF, THE SITE, APPLICATION, ANY SERVICES, ANY CONTENT, OR ANY THIRD PARTY SITES AND CONTENT.
10. Governing Law
This Agreement and any claim or controversy hereunder shall be governed by and construed in accordance with the laws of Kingdom of Bahrain without giving effect to the principles of conflict of laws thereof.
11. General
In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms shall remain in effect and enforceable in accordance with their terms.
Failure or delay of Comm.unity Online Co. W.L.L. to exercise a right or power under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
12. Contact Information
Comm-unity Online Co. W.L.L.
Email: info@consultcommunity.com