The following Terms and Conditions govern our relationship with our clients
1. These Terms and Conditions Are Legally Binding
IconicERP and its parent company IKS & Partners Company are the sole owners of the IconicERP Cloud ERP Software (“IconicERP Service”) and own the intellectual property represented in the design, development, and production of programs and computer systems, their application, operation, and training, data entry on computers by electronic means, the creation of databases and electronic information systems, the production of electronic content in various forms, the creation and hosting of websites, the establishment, and operation of networks, where the IconicERP Service has the right to develop, market and implement sales systems solutions on the computer, which is an electronic sales system that provides customers and users with recording and saving sales data and using it in the form of invoices or electronic reports. You “the User” use of the Service is expressly conditioned on your acceptance of these IconicERP Terms and Conditions (“Terms and Conditions”). By using the Service, you “the User” signify that you unconditionally agree and accept to be legally bound by these Terms and Conditions and reviewed the sales program and the chosen plan subject of the agreement and have reviewed and agreed, and by signing the agreement, the user abides by what is stated in it and in these Terms and Conditions. No other terms or conditions of any sort in any document “except the signed agreement”, writing or other communication whatsoever made by you to IconicERP or its employees, representatives, or agents in relation to the Service shall be applicable to or binding on IconicERP.
2. Changes To The Terms And Conditions Or The Services
IconicERP reserves the right to alter these Terms and Conditions or the Services at any time. Such changes will be effective and legally binding on you when posted on our website for the Service or when we use reasonable efforts to notify you by other means. Please review these Terms and Conditions periodically for changes. Your continued use of this Service after amended Terms and Conditions is posted on this website or are otherwise brought to your attention signifies that you agree and accept to be legally bound by the changes.
3. Duration of Agreement
The agreement between the two parties that the term of this agreement is for one year, subject to renewal for another similar period unless one of the other parties notifies the other of his desire to terminate this agreement before the expiry of its term. Within at least 30 days, by registered letter with acknowledgment of receipt.
4. Grants of Licenses to Use
IconicERP hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:
- IconicERP may, at its sole and absolute discretion, without prior notice to you and without any liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the IconicERP Service if, at its sole discretion, IconicERP is of the opinion that your use does not meet IconicERP ’s specifications or guidelines, or which IconicERP may consider being inappropriate, illegal or harmful to its interests. If IconicERP exercises its absolute discretion, it shall have no liability to refund any portion of your prepaid subscriptions, if applicable. Without limiting or waiving any right against you that IconicERP may have under the law or these Terms and Conditions in relation to any inappropriate, illegal, or harmful use, IconicERP reserves the right to deduct any costs, damages, or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused prepaid subscriptions if any, or to claim the same from you by any other means.
- You agree to comply with any policies or guidelines that IconicERP may introduce or amend from time to time. IconicERP ’s policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by IconicERP, at its absolute discretion, from time to time.
- You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that IconicERP uses to provide the Service.
- IconicERP may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions, and/or its website at any time and from time to time.
- You shall be solely responsible for your use of the Service and shall indemnify IconicERP for, and hold IconicERP harmless from, all loss, costs, and damages incurred by IconicERP in connection with any claims by third parties against IconicERP in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that IconicERP may introduce from time to time.
- You hereby represent, warrant, and covenant to IconicERP that at all times you have all necessary rights, consents, licenses, and permits that may be necessary or binding for you to use the Service or the data or information you enter into your Service in accordance with all applicable laws and regulations and for the purpose of implementing these regulations and laws for a third party, for example, collecting value-added tax for the benefit of the Zakat and Income Authority(ZATCA).
- You represent and warrant to IconicERP that you have the Company’s full rights, power, and authority, to agree to these Terms and Conditions and to perform the obligations to which you have agreed and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.
- You hereby agree that IconicERP may, but is not obligated to, use your name and refer to you as a user of the Service in any advertising, press release, advertising, or marketing materials on the Company’s website, worldwide, and in any form of media. If you wish to use or display IconicERP trademarks or mention IconicERP in any publication, website, press release, or in any other manner, you must obtain the prior written consent of .IconicERP.
- You agree that you are solely responsible for obtaining or providing any hardware or software that you may need to gain access to use the Service, and for any damage or loss, you incur as a result of the operation of such hardware or software, including incompatibility with any platforms used by IconicERP to provide the Service.
- You agree that IconicERP is the sole owner of and has the right to use any feedback you provide on the Service in any way whatsoever, including to improve existing products and services or create new ones.
- IconicERP reserves all rights in the Service not granted to you expressly in these Terms and Conditions.
- You hereby agree to grant IconicERP a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host, and use (a) Your Content (including, without limitation, to reproduce in a material form, publish, perform, communicate to the public, and to make an adaptation of Your Content) for the purpose of providing you with the Service, and, (b) if IconicERP provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.
- The user is obligated to comply with all laws and regulations in force in the Kingdom of Saudi Arabia.
- The user is obligated to provide true and accurate information about it to the “Service” and to update it periodically.
- The user undertakes that it will not sub-license, issue, publish, transfer, distribute, implement, display, sell or reclassify the services provided to it by the IconicERP Service.
- The user is obligated to provide computers for the use of the sales program with specifications not less than the following:
- A computer with an i3 processor or its equivalent with 4GB memory
- A computer screen of a suitable size to show the font and images clearly.
- Keyboard – Mouse – Scanner – 2D Thermal/ink printer for bill printing
- The user is obligated to provide the necessary protection programs on all the devices it has against computer viruses and not to use the devices connected to each other on the Internet to enter the Internet sites in order to avoid the transmission of viruses from them.
- The user is obligated to provide internet service at a speed of at least 30 MBPS for the program to work efficiently.
- The user is obligated and agrees to comply with any policies or instructions provided by the IconicERP Service and its amendments from time to time related to the policies or guidelines for using the program with technical specifications, privacy, acceptable content, or any other matter.
- The User undertakes and agrees not to provide access to or provide any part of the Service to any third party, modify, disable or interfere with the Service or support servers or networks either manually or through the use of scripts, viruses or worms, re Producing, copying, disassembling, selling, trading or reselling the service, or overloading the systems and servers used by the IconicERP Service to provide the service, or impeding the proper operation of the program or harming the service in any way.
- The user undertakes and agrees that at all times it has all the necessary rights, consents, licenses, and permits that may be necessary or binding for it to use the service, data, or information you enter into its own service in accordance with all applicable laws and regulations and For the purpose of implementing these regulations and laws for a third party, for example, collecting value-added tax for the benefit of the Zakat and Income Authority.
- The user undertakes and agrees that it is fully responsible for maintaining the security and confidentiality of any password(s) and identifier(s) of any user from its party to access the service, and it is the responsibility of the user alone and its employees, representatives and authorized agents. If the user becomes aware of any unauthorized access to its account(s), or any misuse of any User’s password(s) and ID(s), it shall re-issue a new password(s) or User ID(s) as soon as possible. As soon as possible, the IconicERP Service will not be responsible for any damages that the user may incur.
- The user commits and agrees that it is solely responsible for the actions and omissions of the person(s) he nominates as a user(s) or supervisor(s) for his account(s) in the service and also agrees that the IconicERP Service may accept instructions and requests from this person ( Persons) and communicate with him even if he does not receive a notification that this person(s) is no longer a user(s) or supervisor(s) unless he receives written notice of that, and these instructions, requests, and communications are valid and legally binding on the user. In addition, the user is responsible for any and all use of its account(s) by any person who possesses its user ID(s) or password(s).
- The user commits and agrees that the IconicERP Service has the right to amend or change these terms and conditions on the website of the IconicERP Service without prior notice, and it is the responsibility of the user as a user of the system to review the terms and conditions of use periodically.
5. Payment Terms
- By creating an account and subscribing for the Service or renewing your subscription for the Service, you indicate you agree to the charges imposed by: –
- IconicERP for the particular services or products you have requested. You agree to comply with any payment terms that IconicERP may impose from time to time. You may be required to pay IconicERP in advance and/or on an annual, half-yearly, quarterly basis to use the Service. Your subscription may be renewed automatically on or close to its expiry at the subscription rates applicable at the time of renewal. However, even if a facility to renew your subscription automatically exists, it is solely your responsibility, and not that of IconicERP, to ensure that your subscription is renewed prior to its expiry, failing which your ability to use the Service shall expire automatically. IconicERP may not give you prior notice of automatic renewal. If IconicERP is unable to effect this automatic renewal for any reason whatsoever, your subscription will expire automatically. For subscribers choosing to pay by credit card, subscription fees for renewal may be charged to the credit card on record unless IconicERP is notified of a change or cancellation in writing using the tools or means made available by IconicERP.
- All sums payable by you to IconicERP may be quoted inclusive of any goods and services tax, or any other taxes that may be levied on the subscription
- or charges levied by IconicERP. As such, you agree that IconicERP may charge you and/or the credit card on record for any taxes or charges that IconicERP is required by any applicable law or regulation to levy on the subscription or charges.
- The user must pay an annual subscription for the value of the package chosen by him (the package) in advance before creating the account and activating it.
6. Intellectual Property Rights
All intellectual property rights to these Services and all materials related to them or appearing on them (including any content that you submit or include) are the property of the IconicERP Service. The user shall not reproduce or allow any person for any reason to use or reproduce the Services or any trademarks or other trade names appearing in the Services.
7. Financial Obligations
- The user must pay the value of the desired package to the IconicERP Service through bank transfers or through electronic points of sale to his account, on an annual, semi-annual, or quarterly basis from the value of the package, before providing or activating the service. The user is responsible for paying all fees on time and acknowledges that any amount paid cannot be refunded after the grace period of 14 days from the date of providing the service.
- The subscription will be automatically renewed upon its expiry date or near the end date at the subscription prices applicable on the IconicERP Service website at the time of renewal. However, even in the event that there is a way to renew your subscription automatically, it is the responsibility of the user exclusively and not the responsibility of the IconicERP Service, to ensure that the subscription is renewed before its expiry date, otherwise, the ability to use the service will automatically end and no damages or claims will be accepted as a result of that. The IconicERP Service may not give advance notice of the automatic renewal. If the user is unable to implement this automatic renewal for any reason, the IconicERP Service must be informed immediately and without delay, otherwise, the subscription will automatically terminate upon expiration. For subscribers who choose to pay by credit card, additional subscription fees may be charged for renewal on the registered credit card unless the IconicERP Service is notified of the change or cancellation of the payment method in writing using the tools or means provided by the IconicERP Service.
- By creating the account and subscribing to the service or renewing the subscription to the service, the IconicERP Service has the right to impose new fees for using the service. If the IconicERP Service decides to impose new fees, the user will be informed of this and will be allowed to continue or terminate this agreement.
- The IconicERP Service may amend or update the prices from time to time. It is the responsibility of the user to remain aware of the current prices of the services provided through the prices page on the website of the IconicERP Service.
8. Legal Responsibility
- The information and services or any of them provided to the user on or through the website of the IconicERP Service and the service are for general information purposes only and do not represent any advice.
- The IconicERP Service will try as much as possible to provide the correct information and update the site and the service and their contents, but it does not guarantee that the contents of the site or the service are free of errors, defects, malware, and viruses and does not guarantee the correctness and accuracy of the information in all cases.
- The IconicERP Service shall not be liable for any damages resulting from the use or inability to use the website or service, including damages caused by malware or viruses, nor shall it be liable for the incorrectness or incompleteness of the information, website, or service, unless This damage was not the result of willful misconduct or gross negligence on the part of the IconicERP Service.
- The IconicERP Service shall not bear any responsibility for any damages resulting from the use or inability to use electronic means of communication with the website or with the service, including – but not limited to – damages resulting from non-delivery of electronic communications or the delay in their delivery. Interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
- The IconicERP Service seeks as much as possible to provide electronic services throughout the year 24 hours / 7 days a week, and in all cases, it does not guarantee that the sales or service program system works completely throughout the year and that there will be interruptions for the purpose of maintenance, periodic update or addition New features on the servers
9. Term and Termination
- IconicERP shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.
- After termination, IconicERP may, at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these terms and Conditions, IconicERP has no responsibility to you to maintain your user account or any of your data after termination and you shall hold IconicERP harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.
- If termination is due to your failure to renew your subscription on a timely basis, you may reactive your account and access your data if renewal under such circumstances is enabled by IconicERP. To do so you may have to pay any subscription fees or charges that may be imposed by IconicERP, including reactivation fees (if any), within any period that may be stated by IconicERP, failing which IconicERP may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
- You or your customers, partners, or associates, whichever may be applicable, are the owner of any data you upload into the Service (“ Your Data”). You hereby agree that IconicERP is the owner of all data other than Your Data, including any system-generated data generated by the Service or any data compiled from data input into the Service by all users of the Service on an aggregate basis (“ IconicERP ’s Data”). IconicERP may use all of IconicERP ’s Data in any way it chooses including to improve or adapt its services or to create or design new products and services.
- You acknowledge and agree that the nature of the Internet is international and that IconicERP has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from Canada, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.
11. Your account(s) and Password(s)
- The responsibility to keep secure and confidential any password(s) and user ID(s) IconicERP may issue to you to access the Service, rests solely with you and the employees, representatives, and agents of yours that are entrusted with the same. If you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible.
- You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as a user(s) or administrator(s) of your account(s) for the Service. You also agree that IconicERP may accept instructions and requests from and communicate with such person(s) until and unless IconicERP receives notification that such person(s) is no longer your user(s) or administrator(s), and such instructions, requests, and communications are valid and legally binding on you. In addition, you are responsible for any and all use of your account(s) by any persons who are in possession of your user ID(s) or password(s).
12. Your indemnity in Favour Of iconicERP
If IconicERP and/or any of their affiliates (collectively the “Indemnified Parties”) take any action to enforce any of the Terms and Conditions, you agree to indemnify and hold harmless the Indemnified, their affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all breaches by you of these Terms and Conditions.
13. Service Level Agreement
- The Service Level Agreement attached to these Terms and Conditions is incorporated into and forms part of these Terms and Conditions.
- No Warranties
UNLESS EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, IconicERP MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING ITS WEBSITE, THE SERVICE, THE PRODUCTS, OR SERVICES AVAILABLE ON THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS WHERE IS” BASIS. IconicERP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICE OR THIS WEBSITE. IconicERP EXPRESSLY DISCLAIMS ALL WARRANTIES, AND TERMS, AND CONDITIONS IN RELATION TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF TheUnited States of America.
- IconicERP DOES NOT WARRANT THAT THE SERVICE, THIS WEBSITE, ITS SERVERS, OR ANY E-MAIL SENT FROM IconicERP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- FOR THE AVOIDANCE OF DOUBT, IconicERP DOES NOT GUARANTEE THE EFFECTIVENESS OF THE SERVICE.
- IconicERP TAKES NO RESPONSIBILITY FOR THE SECURITY, CONFIDENTIALITY, OR PRIVACY OF THE COMMUNICATIONS AND/OR DATA TRANSMITTED OVER THE INTERNET AND DOES NOT WARRANT (AND EXPRESSLY EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES) THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR OR LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, IconicERP SHALL NOT BE LIABLE FOR ANY COMPATIBILITY ISSUES PERTAINING TO CUSTOMERS’ COMPUTERS, APPLICATIONS, OR OTHER SOFTWARE ON ANY COMPUTERS USING THE SERVICE.
14. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL IconicERP BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
- EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONN CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICE OR THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY IconicERP EVEN IF THE IconicERP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
- If, notwithstanding the foregoing, IconicERP should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of IconicERP shall in no event exceed the value of the monthly subscription for the Service paid by you or USD$1000.00, whichever is lower. Further, IconicERP ’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.
15. Specialized Court
It was agreed between the two parties that in the event of any disagreement in any of the terms of this agreement or about the interpretation of one of the clauses, the court in the jurisdiction of which the IconicERP Service is located shall have jurisdiction in that.