Please read these Terms and Conditions carefully before using the https://www.ondustrial.com website and ONDUSTRIAL mobile application operated by ONDUSTRIAL L.L.C .
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Preamble:
Whereas, the First Party (ONDUSTRIAL) is a company specialized in software development and internet solutions whereby it has developed a technology platform to organize the sale and purchase of electric, electronic and mechanical equipment through independent service providers,
Now, therefore, having declared their capacity to enter into contracts, the two parties hereby agree to the following:
Clause (1): Subject of the Contract
The two Parties hereby agree that the First Party shall approve the display of the Second Party’s commodities on the First Party’s technology platform for the Second Party to offer commodities to end-customers.
Clause (2): Obligations of the First Party
For the purpose of performing its obligations herein, the First Party shall:
- Provide a technology platform or mobile application to the Service Provider to communicate with customers and handle requested orders.
- Provide a developed mobile application for use by the Service Providers and other users; such application shall be in the Arabic and English languages, (which may be subject to change by agreement between Parties).
- Provide technical support services to support the mobile application and the technology platform
- Approve the display of products that only conform to the scope of work of the platform.
- Deliver products to end-customers and collect the funds required.
- Indemnify the Second Party for the goods that are lost.
Clause (3): Obligations of the Second Party
For the purpose of performing its obligations herein, the Second Party shall:
- Provide copies of valid commercial registration and tax registration card.
- Display its products on the technology platform of the First Party, provided all product details, including, prices, photos, stock quantities, weight and dimensions shall be the liability of the Second Party.
- Offer product prices exclusive of the value-added tax (VAT).
- Respond to all confirmation email messages regarding the purchase orders and the preparation of the commodities required to be shipped.
- Send the First Party regular updates about inventory according to the period scheduled by the First Party.
- Comply with all applicable laws and regulations on the Second Party’s activities set forth herein.
- Render the products and services ordered by platform users with the professional standards and in the condition and according to the data displayed on the platform.
- Deliver the goods on scheduled dates (whether to the user directly or the First Party as agreed) through the courier agent of the First Party and without sale invoice, which shall be delivered to the First Party at a later date according to Clause (5).
- Pay the consideration agreed upon herein and on the agreed date set out by Clause (5), (while the First Party shall undertake the collection procedures).
Clause (4): Contract duration and Effective Date
This Contract shall commence on the same date of signing by the two Parties and shall remain valid and operative for a term of one year, renewable in writing or by confirmation e-mails.
Clause (5): Contract Value and Payment
- The First Party shall be entitled to 10% (ten percent) for every order placed on the platform. Such 10% shall be the First Party’s percentage for every order and shall be VAT exclusive.
- The Second Party shall sell goods, to the First Party, on a credit of 15 (Fifteen) days at maximum, starting from the invoice date.
- The Second Party shall provide the First Party with monthly taxable invoices for all purchases that took place through the platform.
- The First Party shall pay every invoice within (15) fifteen days from the issuance date thereof.
- The funds set forth herein shall be payable to the Services Provider’s bank account Number (………).
Clause (6): First Party’s Limitation of Liability
The First Party hereby acknowledges of and agrees to the limitation of liability set by the First Party as regards the performance of its obligations hereunder. The First Party shall not be liable for any disputes arising between the Second Party and any third party regarding the performance of this Contract, nor shall be liable for any obligations arising from any delay, failure, loss or damage caused to a third party during the course of performing services.
Clause (7): Rescission and Termination
Without prejudice to any indemnity due to any Party hereto, the First Party may rescind this Contract without the need for warning, notice or court judgment in the following cases:
- The Second Party fails to perform any of the obligations mentioned in Clause (3).
- The Second Party fails to pay any funds agreed upon in Clause (5) on the due date thereof.
- The Service Provider collects charges from users without prior knowledge of the First Party.
If the Second Party wishes to terminate this Contract, the Second Party shall serve at least 10-day prior notice on the First Party to this effect and shall not be entitled to recover any funds paid to the First Party.
Clause (8): Relationship between Parties
As every Party acts independently, no Party may be considered as a partner of or an affiliate to the other, nor may represent the other before courts or third parties. Moreover, the relationship between Parties shall not be subject to or governed by the Labor Law, and neither Party nor its employees may act as employees for the other. This Contract shall be deemed a service contract under the terms and conditions thereof.
Clause (9): Confidentiality of the Information
All information contained herein and exchanged between the Parties hereto prior to signing or while performing this Contract shall be confidential. No Party shall, without the prior written consent of the other, have any right to disclose such information to third parties, except where such disclosure is required by the law or by order of governmental authorities or agencies or unless such information is already available to the public domain.
Clause (10): Force Majeure
Either party shall have no liability to the other under this Contract if it is prevented from or delayed in performing its obligations hereunder, or from/in carrying on its business by acts, events, omissions or accidents beyond its reasonable control or due to force majeure, provided that the other party is notified of such an event and its expected duration. For the purpose of applying this Contract, the acts of government shall be interpreted as force majeure.
Clause (11): Notices and Correspondences
All correspondences, notices, court notices or otherwise shall be sent to the Party’s address stated hereinabove and shall be valid and effective vis-à-vis such a Party unless it sends written notice on the other Party amending its address within one week following the date of such change. Notices shall be delivered by registered mail with acknowledgement of receipt, by hand-delivery with signature proving receipt, by official notice or by email as stated herein.
- First Party: vsupport@ondustrial.com
- Second Party: ……………………
Clause (12): Clauses Changing and Modification
No variation of this Contract shall be effective unless made in writing and signed by the Parties hereto (or their authorized representatives).
Clause (13): Court Jurisdiction
This Contract shall be governed by and interpreted and construed in accordance with the Law of Egypt, and the Egyptian courts of whatever type or degree shall have jurisdiction to review any dispute arising out of this Contract or the performance thereof.
If you have any questions about these Terms, please contact us.
