Terms and Conditions

Read them carefully when visiting our site

Please read our Terms and Conditions of Use carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us.

ADVANTESCO Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

A. Agreement Definitions
“You” and “your” refers to the individual or entity that has executed this agreement (“agreement”) and ordered ADVANTESCO products, programs and/or services from Arabian Technology and Consultancy FZC, Julphar Tower Office 1708, PO Box 329275, Ras Al Khaimah, United Arab Emirates or Advanced Technology Services LLC., Zamil House - 5th Floorl, PO Box 2203, Al Khobar 34413 , Saudi Arabia (“ADVANTESCO”) or an authorized Partner/ Reseller.
The term “products” refers to products owned or distributed by ADVANTESCO which you have ordered, documentation, and any updates acquired through technical support.
The term “programs” refers to the software products owned or distributed by ADVANTESCO which you have ordered, program documentation, and any program updates acquired through technical support.
The term “services” refers to technical support, education, outsourcing, consulting or other services which you have ordered.

B. Product Availability
ADVANTESCO cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. ADVANTESCO reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

C. Typographical Errors in Online shop
ADVANTESCO strives to make every piece of information as accurately as we could. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
ADVANTESCO shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, ADVANTESCO shall immediately issue a credit to your credit card account in the amount of the charge.

D. Service order
Upon ADVANTESCO’s acceptance of your order, you have the limited right to use the programs and receive any services you ordered solely for your internal business operations and subject to the terms of this agreement, including the definitions and rules set forth in the order and the program documentation. You may allow your agents and contractors to use the programs for this purpose and you are responsible for their compliance with this agreement in such use. If accepted, ADVANTESCO will notify you and this notice will include a copy of your agreement. Program documentation is either shipped with the programs, or you may access the documentation online. Services are provided based on ADVANTESCO's policies for the applicable services ordered, which are subject to change, and the specific policies applicable to you, and how to access them, will be specified on your order. Upon payment for services, you will have a perpetual, non-exclusive, non-assignable, royalty free license to use for your internal business operations anything developed by ADVANTESCO and delivered to you under this agreement; however, certain deliverables may be subject to additional license terms provided in the ordering document.
The services provided under this agreement may be related to your license to use programs which you acquire under a separate order. The agreement referenced in that order shall govern your use of such programs. Any services acquired from ADVANTESCO are bid separately from such program licenses, and you may acquire either services or such program licenses without acquiring the other.

E. Proof of Concept
Notwithstanding anything to the contrary, except for the limited license rights expressly provided in this Agreement, ADVANTESCO has and will retain all rights, title and interest in and to the products and documentation (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works.
Customer acknowledges that it is obtaining only a limited license right to the Products and Documentation and that irrespective of any use of the words “purchase,” “sale,” or like terms hereunder no ownership rights are being conveyed to Customer under this Agreement or otherwise.
Upon termination or expiration of the PoC, Customer will un-install or/ and return the Products and Documentation to ADVANTESCO.
Customer agrees to provide ADVANTESCO with such cooperation, materials, information, access and support which ADVANTESCO deems to be reasonably required to allow ADVANTESCO to successfully provide the Services, including, without limitation, as may be set forth in an application form. Customer understands and agrees that ADVANTESCO' obligations hereunder are expressly conditioned upon Customer providing such cooperation, materials, information, access and support. Customer is responsible for promptly notifying ADVANTESCO in writing of a) any changes Customer makes to its information technology environment that may impact ADVANTESCO’s delivery of the Services; and b) if Customer becomes aware that any of the Assumptions set forth herein are incorrect.
Customer agrees to pay ADVANTESCO the fees stated on the application form. If the PoC Installation is kept by the customer the applicable additional Installation setup package fee has to be paid by Customer to ADVANTESCO.
Unless otherwise specified Customer will reimburse ADVANTESCO for all travel and living expenses incurred by ADVANTESCO personnel in providing the Services outside from UAE and KSA.
The Proof of Concept, these Terms, and communications exchanged and information received in association with the Proof of Concept are confidential. The receiving party agrees not to use such information except in the performance of this Proof of Concept, and to treat such information in the same manner as it treats its own confidential information. The obligation to keep information confidential shall not apply to any such information that has been disclosed in publicly available sources; is, through no fault of the party receiving the confidential information, disclosed in a publicly available source; is in the rightful possession of the party receiving the confidential information without an obligation of confidentiality; or is required to be disclosed by operation of law. Except for as otherwise provided herein, the obligation not to disclose shall be in force for a period of one (1) year after the disclosure of the Confidential Information.

F. Payment and Importation
Unless it is otherwise mentioned in our proposal, import duties and local taxes are NOT included in the quoted price of goods being delivered to any locations. You will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt. The only exception is for shipments to MENA using ADVANTESCO provided DHL shipping service, which will include import duties, taxes and admin charges.

ADVANTESCO provides a shipping insurance for hardware purchased. The insurance will insure the shipping of the purchase from our office to the final destination. The shipping insurance will cover 100% of the value of the goods in case of loss by the delivery company. The insured amount is the total value of the hardware of the order excluding the shipping and insurance fees. The insurance rate is charged at 2% of the total value of the goods.
The insurance does not cover damages, missing accessories, mishandling nor proper functioning of the hardware. To get protected under this insurance plan, it is required to inform us within 2 days after receipt of shipment if any damages or loss to the goods are found. If it is suspected that the package has been lost during the shipment and the shipping insurance has been purchased, please contact us and provide us with the order information.
Unless otherwise specified on the applicable Order Form, all invoices are due upon receipt. If otherwise stated and the Customer does not pay the invoices when due, ADVANTESCO may charge interest at one percent (1%) per month. If payment of any fee is overdue, ADVANTESCO may also suspend provision of the Services until such delinquency is corrected.

G. Ownership and Restrictions
ADVANTESCO retains all ownership and intellectual property rights to the programs and anything developed by ADVANTESCO and delivered to you under this agreement resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one copy of each program media.
You may not:
• remove or modify any program markings or any notice of ADVANTESCO’s proprietary rights;
• make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business
operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
• cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs; or
• disclose results of any program benchmark tests without ADVANTESCO’s prior written consent.

H. Trial Programs
You may order trial programs, or ADVANTESCO may include additional programs with your order which you may use for trial, non-production purposes only. You may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. You have 30 days from the delivery date to evaluate these programs. If you decide to use any of these programs after the 30 day trial period, you must obtain a license for such programs from ADVANTESCO or an authorized reseller. If you decide not to obtain a license for any program after the 30 day trial period, you will cease using and will delete any such programs from your computer systems. Programs licensed for trial purposes are provided “as is” and ADVANTESCO does not provide technical support or offer any warranties for these programs.

I. Cancellation
In the event that an order is cancelled as a result of the customers request, the below listed cancellation charges will be billed.

Days from Receipt of Notice of Cancellation to Original Delivery Date
Cancellation Fee (% of Purchase Order Price)
0 - 10 days 50 %
11 - 30 days 25 %
31 - 40 days 10 %

J. Support Service Policy
Support Service provided by ADVANTESCO is only valid for customers who have purchased our software or hardware directly from ADVANTESCO. If you did not purchase from ADVANTESCO, please contact your authorized reseller for assistance.
ADVANTESCO’s Support Service includes providing technical assistance to diagnose and identify software and hardware not performing to documented specifications, and general assistance regarding use and implementation on a limited basis. ADVANTESCO’s Support Service only provides assistance to inquiries of network setting or configuration related to software and hardware, and it does not include step-by-step installation or configuration of software and hardware.
Two types of Support Services are available:
• Unlimited Email Support (8×5)
• 90-Day Free Telephone Support
Below are Support Service policies that you may need to know before contacting ADVANTESCO Support Team:
• Valid service period is twelve (12) months, starting from the time of shipment of hardware or software.
• ADVANTESCO’s Support Service would only be provided for customers purchased directly from ADVANTESCO.
You should provide valid information to our support team, including: inquiry details or issues experiencing, current firmware version, contact details, model number and serial number of the hardware or software. Please remember to include a diagnostic report, exported by following these instructions, along with your inquiry to save time for troubleshooting.
If ordered, annual technical support (including first year and all subsequent years) is provided under ADVANTESCO’s technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at ADVANTESCO’s discretion; however, ADVANTESCO will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid.

K. Standard Hardware Warranty Policy.
ADVANTESCO warrants solely to the original end user purchaser (“Purchaser”) that hardware (“Hardware”) purchased from ADVANTESCO or our Authorized Partners will be free from defects in materials and workmanship when used within the limits set forth in the documentation (data sheet and user manual) for a period of twelve (12) months, starting from the time of shipment of the Hardware.
This limited warranty is non-transferable and extends only to the original end-user purchaser who acquired the Hardware from an Authorized Partner who has the right to sell in the end-user’s territory. ADVANTESCO explicitly disclaims any warranty obligations for Hardware that is soldoutside of the assigned territory of an Authorized Partner. Your exclusive remedy and ADVANTESCO’ entire liability under this limited warranty will be for ADVANTESCO, at its option, to (a) repair the Hardware with new or refurbished parts, or (b) replace the Hardware with a reasonably available equivalent new or refurbished ADVANTESCO Hardware. Any repaired or replacement Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. All Hardware and parts that are replaced become the property of ADVANTESCO.

This limited warranty does not apply if: (a) the Hardware assembly seal has been removed or damaged, (b) the Hardware has been altered or modified, except by ADVANTESCO, (c) the Hardware damage was caused by use with non ADVANTESCO Hardware, (d) the Hardware has not been installed, operated, repaired, or maintained in accordance with instructions supplied by ADVANTESCO, (e) the Hardware has been subjected to abnormal physical or electrical stress, abuse, misuse, negligence, or accident, (f) the serial number on the Hardware has been altered, defaced, or removed, or (g) the Hardware is supplied or licensed for beta, evaluation, promotional, testing or demonstration purposes for which ADVANTESCO does not charge a purchase price or license fee.


L. Standard Software Warranty Policy.
ALL SOFTWARE PROVIDED BY ADVANTESCO WITH OR WITHOUT THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE, CONTAINED ON MEDIA ACCOMPANYING THE HARDWARE OR DOWNLOADED FROM OUR WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Without limiting the foregoing, ADVANTESCO does not warrant that the operation of the Hardware or software will be uninterrupted or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, ADVANTESCO does not warrant that the Hardware, software or any equipment, system or network on which the Hardware or software is used will be free of vulnerability to intrusion or attack. The Hardware and software may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which this Hardware’s or software’s use or operation may require.
TO THE EXTENT NOT PROHIBITED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ADVANTESCO BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE AND/OR SOFTWARE, EVEN IF ADVANTESCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ADVANTESCO’ LIABILITY EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER.
The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


M. Major Force
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a major force event. If such event continues for more than 90 days, either of us may cancel unperformed services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for services provided.


N. Amendment of the Terms and Conditions
ADVANTESCO may at any time modify the Terms and Conditions without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time on ADVANTESCO.COM. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of ADVANTESCO.


O. Governing Law and Jurisdiction
The Terms and Conditions shall be construed in accordance with the federal laws of the United Arab Emirates and the local laws and regulations of the Emirate of Ras al Khaimah. The Courts at Ras al Khaimah shall have exclusive jurisdiction in any proceedings arising out of the Terms and Cond

TERMS AND CONDITIONS OF WEB PAGE USE

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.advantesco.com website operated by Advantesco, Arabian Technology and Consultancy FZC (“us", "we", or “our").
By accessing and using this Site you agree to be bound by the following Terms of Use, including all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Site and all such terms shall be deemed accepted by you. If you do NOT agree to these Terms of Use, you should NOT use this Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Site, then you should NOT use the part of the Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

LICENSE TO USE WEBSITE
Unless otherwise stated, Advantesco and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
• redistribute material from this website, except for content specifically and expressly made available for
redistribution.

ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Advantesco’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Advantesco’s express written consent.
Access to password protected/secure areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

PURCHASES
If you wish to purchase any product or service made available through the website Advantesco’s terms and conditions apply.

TRADEMARKS
Unless otherwise indicated, all trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of Advantesco (or its affiliates, subsidiaries or divisions), its licensors, or any third party referred to. These include each of Advantesco primary product brands and service offerings and its corporate logos and emblems.

LINKS TO OTHER WEB SITES
Our Service may contain links to thirdparty web sites or services that are not owned or controlled by Advantesco. Advantesco has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Advantesco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

INDEMNITY
You agree to defend, indemnify, and hold harmless Advantesco, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleged or confirmed, resulting from your use of the Content (including software), or your breach of the Terms of Use. Exact shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

NO WARRANTIES
Although care has been taken to ensure the accuracy of information on this Site, Advantesco assumes no liability with regard thereto. Information and documents provided on this Site are provided "AS IS" and “AS AVAILABLE”. Exact hereby disclaims any representations and warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. Exact uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. Advantesco periodically adds, changes, improves, or updates the information and documents on this Site (including but not limited to products, pricings, programs, events, and offers) without notice. Advantesco assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.

VARIATION
Advantesco may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

PRIVACY
Protecting the privacy of our clients and users of our Sites is important to Advantesco. The Advantesco Privacy Policy, as updated and amended from time to time, which can be found on this Site and is applicable to the use of this Site, describes how we use and protect information you provide to us.

TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing Advantesco with any personally identifiable information through the Site, you consent to the transmission of such personal identifiable information over international borders as necessary for processing in accordance with Advantesco standard business practices and the applicable Privacy Statement.

JURISDICTION/GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of United Arab Emirates without regard to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in United Arab Emirates.
In the event that any provision of the Terms of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms of Use shall be considered to be modified as closely as possible to the intent of the current Terms of Use and the remainder of the Terms of Use shall remain in full force and effect.

This privacy policy is for this website [www.advantesco.com] and served by Arabian Technology and Consultancy FZC and governs the privacy of its users who choose to use it. The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

WEBSITE VISITORS
Advantesco collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Advantesco’s purpose in collecting non-personally identifying information is to better understand how Advantesco’s visitors use its website.

GATHERING OF PERSONALLY-INDENTIFYING INFORMATION
Certain visitors to Advantesco’s websites choose to interact with Advantesco in ways that require Advantesco to gather personally-identifying information. The amount and type of information that Advantesco gathers depends on the nature of the interaction. Those who engage in transactions with Advantesco are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Advantesco collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Advantesco. Advantesco does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

AGGREGATED STATISTICS
Advantesco may collect statistics about the behavior of visitors to its websites. However, Advantesco does not disclose personally-identifying information other than as described below.

TRANSACTIONS
You may purchase products or service some of our Site(s). This Privacy Policy applies to any personal information you provide in connection with any such purchases. In some instances, you may be directed to a third party site to initiate your transaction. These third party sites will be clearly identified and link to their own privacy policies so you know which company is collecting your personal information. You should refer to those policies for any privacy-related concerns regarding your purchase with them.

If you choose to use a third party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

RETAINING INFORMATION
We destroy the information we collect when the purpose for which it was provided has been fulfilled — unless we are required to keep it longer by statute or official policy.

COOKIES
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Advantesco uses cookies to help Advantesco identify and track visitors, their usage of Advantesco’s website, and their website access preferences. Advantesco visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Advantesco’s websites, with the drawback that certain features of Advantesco’s websites may not function properly without the aid of cookies.

EMAIL NEWSLETTER
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user. All personal details relating to subscriptions are held securely. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].

This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

SOCIAL MEDIA PLATFORMS
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

SHORTEND LINKS IN SOCIAL MEDIA
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses].

Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

VARIATION
Advantesco may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

JURSIDICTION/GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of United Arab Emirates without regard to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in United Arab Emirates.

In the event that any provision of the Terms of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms of Use shall be considered to be modified as closely as possible to the intent of the current Terms of Use and the remainder of the Terms of Use shall remain in full force and effect.

ADVANTESCO Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

A. Agreement Definitions
“You” and “your” refers to the individual or entity that has executed this agreement (“agreement”) and ordered ADVANTESCO products, programs and/or services from Arabian Technology and Consultancy FZC, Julphar Tower Office 1708, PO Box 329275, Ras Al Khaimah, United Arab Emirates or Advanced Technology Services LLC., Zamil House - 5th Floorl, PO Box 2203, Al Khobar 34413 , Saudi Arabia (“ADVANTESCO”) or Arabian Technology and Consultancy FZC, 35 Sydney Street, Windsor, Invercargill 9810, New Zealand or an authorized Partner/ Reseller.
The term “products” refers to products owned or distributed by ADVANTESCO which you have ordered, documentation, and any updates acquired through technical support.
The term “programs” refers to the software products owned or distributed by ADVANTESCO which you have ordered, program documentation, and any program updates acquired through technical support.
The term “services” refers to technical support, education, outsourcing, consulting or other services which you have ordered.

B. Product Availability
ADVANTESCO cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. ADVANTESCO reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

C. Typographical Errors in Online shop
ADVANTESCO strives to make every piece of information as accurately as we could. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
ADVANTESCO shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, ADVANTESCO shall immediately issue a credit to your credit card account in the amount of the charge.

D. Service order
Upon ADVANTESCO’s acceptance of your order, you have the limited right to use the programs and receive any services you ordered solely for your internal business operations and subject to the terms of this agreement, including the definitions and rules set forth in the order and the program documentation. You may allow your agents and contractors to use the programs for this purpose and you are responsible for their compliance with this agreement in such use. If accepted, ADVANTESCO will notify you and this notice will include a copy of your agreement. Program documentation is either shipped with the programs, or you may access the documentation online. Services are provided based on ADVANTESCO's policies for the applicable services ordered, which are subject to change, and the specific policies applicable to you, and how to access them, will be specified on your order. Upon payment for services, you will have a perpetual, non-exclusive, non-assignable, royalty free license to use for your internal business operations anything developed by ADVANTESCO and delivered to you under this agreement; however, certain deliverables may be subject to additional license terms provided in the ordering document.
The services provided under this agreement may be related to your license to use programs which you acquire under a separate order. The agreement referenced in that order shall govern your use of such programs. Any services acquired from ADVANTESCO are bid separately from such program licenses, and you may acquire either services or such program licenses without acquiring the other.

E. Proof of Concept
Notwithstanding anything to the contrary, except for the limited license rights expressly provided in this Agreement, ADVANTESCO has and will retain all rights, title and interest in and to the products and documentation (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works.
Customer acknowledges that it is obtaining only a limited license right to the Products and Documentation and that irrespective of any use of the words “purchase,” “sale,” or like terms hereunder no ownership rights are being conveyed to Customer under this Agreement or otherwise.
Upon termination or expiration of the PoC, Customer will un-install or/ and return the Products and Documentation to ADVANTESCO.
Customer agrees to provide ADVANTESCO with such cooperation, materials, information, access and support which ADVANTESCO deems to be reasonably required to allow ADVANTESCO to successfully provide the Services, including, without limitation, as may be set forth in an application form. Customer understands and agrees that ADVANTESCO' obligations hereunder are expressly conditioned upon Customer providing such cooperation, materials, information, access and support. Customer is responsible for promptly notifying ADVANTESCO in writing of a) any changes Customer makes to its information technology environment that may impact ADVANTESCO’s delivery of the Services; and b) if Customer becomes aware that any of the Assumptions set forth herein are incorrect.
Customer agrees to pay ADVANTESCO the fees stated on the application form. If the PoC Installation is kept by the customer the applicable additional Installation setup package fee has to be paid by Customer to ADVANTESCO.
Unless otherwise specified Customer will reimburse ADVANTESCO for all travel and living expenses incurred by ADVANTESCO personnel in providing the Services outside from UAE and KSA.
The Proof of Concept, these Terms, and communications exchanged and information received in association with the Proof of Concept are confidential. The receiving party agrees not to use such information except in the performance of this Proof of Concept, and to treat such information in the same manner as it treats its own confidential information. The obligation to keep information confidential shall not apply to any such information that has been disclosed in publicly available sources; is, through no fault of the party receiving the confidential information, disclosed in a publicly available source; is in the rightful possession of the party receiving the confidential information without an obligation of confidentiality; or is required to be disclosed by operation of law. Except for as otherwise provided herein, the obligation not to disclose shall be in force for a period of one (1) year after the disclosure of the Confidential Information.

F. Payment and Importation
Unless it is otherwise mentioned in our proposal, import duties and local taxes are NOT included in the quoted price of goods being delivered to any locations. You will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt. The only exception is for shipments to MENA using ADVANTESCO provided DHL shipping service, which will include import duties, taxes and admin charges.

ADVANTESCO provides a shipping insurance for hardware purchased. The insurance will insure the shipping of the purchase from our office to the final destination. The shipping insurance will cover 100% of the value of the goods in case of loss by the delivery company. The insured amount is the total value of the hardware of the order excluding the shipping and insurance fees. The insurance rate is charged at 2% of the total value of the goods.
The insurance does not cover damages, missing accessories, mishandling nor proper functioning of the hardware. To get protected under this insurance plan, it is required to inform us within 2 days after receipt of shipment if any damages or loss to the goods are found. If it is suspected that the package has been lost during the shipment and the shipping insurance has been purchased, please contact us and provide us with the order information.
Unless otherwise specified on the applicable Order Form, all invoices are due upon receipt. If otherwise stated and the Customer does not pay the invoices when due, ADVANTESCO may charge interest at one percent (1%) per month. If payment of any fee is overdue, ADVANTESCO may also suspend provision of the Services until such delinquency is corrected.

G. Ownership and Restrictions
ADVANTESCO retains all ownership and intellectual property rights to the programs and anything developed by ADVANTESCO and delivered to you under this agreement resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one copy of each program media.
You may not:
• remove or modify any program markings or any notice of ADVANTESCO’s proprietary rights;
• make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business
operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
• cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the programs; or
• disclose results of any program benchmark tests without ADVANTESCO’s prior written consent.

H. Trial Programs
You may order trial programs, or ADVANTESCO may include additional programs with your order which you may use for trial, non-production purposes only. You may not use the trial programs to provide or attend third party training on the content and/or functionality of the programs. You have 30 days from the delivery date to evaluate these programs. If you decide to use any of these programs after the 30 day trial period, you must obtain a license for such programs from ADVANTESCO or an authorized reseller. If you decide not to obtain a license for any program after the 30 day trial period, you will cease using and will delete any such programs from your computer systems. Programs licensed for trial purposes are provided “as is” and ADVANTESCO does not provide technical support or offer any warranties for these programs.

I. Cancellation
In the event that an order is cancelled as a result of the customers request, the below listed cancellation charges will be billed.

Days from Receipt of Notice of Cancellation to Original Delivery Date
Cancellation Fee (% of Purchase Order Price)
0 - 10 days 50 %
11 - 30 days 25 %
31 - 40 days 10 %

J. Support Service Policy
Support Service provided by ADVANTESCO is only valid for customers who have purchased our software or hardware directly from ADVANTESCO. If you did not purchase from ADVANTESCO, please contact your authorized reseller for assistance.
ADVANTESCO’s Support Service includes providing technical assistance to diagnose and identify software and hardware not performing to documented specifications, and general assistance regarding use and implementation on a limited basis. ADVANTESCO’s Support Service only provides assistance to inquiries of network setting or configuration related to software and hardware, and it does not include step-by-step installation or configuration of software and hardware.
Two types of Support Services are available:
• Unlimited Email Support (8×5)
• 90-Day Free Telephone Support
Below are Support Service policies that you may need to know before contacting ADVANTESCO Support Team:
• Valid service period is twelve (12) months, starting from the time of shipment of hardware or software.
• ADVANTESCO’s Support Service would only be provided for customers purchased directly from ADVANTESCO.
You should provide valid information to our support team, including: inquiry details or issues experiencing, current firmware version, contact details, model number and serial number of the hardware or software. Please remember to include a diagnostic report, exported by following these instructions, along with your inquiry to save time for troubleshooting.
If ordered, annual technical support (including first year and all subsequent years) is provided under ADVANTESCO’s technical support policies in effect at the time the services are provided. The technical support policies, incorporated in this agreement, are subject to change at ADVANTESCO’s discretion; however, ADVANTESCO will not materially reduce the level of services provided for supported programs during the period for which fees for technical support have been paid.

K. Standard Hardware Warranty Policy.
ADVANTESCO warrants solely to the original end user purchaser (“Purchaser”) that hardware (“Hardware”) purchased from ADVANTESCO or our Authorized Partners will be free from defects in materials and workmanship when used within the limits set forth in the documentation (data sheet and user manual) for a period of twelve (12) months, starting from the time of shipment of the Hardware.
This limited warranty is non-transferable and extends only to the original end-user purchaser who acquired the Hardware from an Authorized Partner who has the right to sell in the end-user’s territory. ADVANTESCO explicitly disclaims any warranty obligations for Hardware that is soldoutside of the assigned territory of an Authorized Partner. Your exclusive remedy and ADVANTESCO’ entire liability under this limited warranty will be for ADVANTESCO, at its option, to (a) repair the Hardware with new or refurbished parts, or (b) replace the Hardware with a reasonably available equivalent new or refurbished ADVANTESCO Hardware. Any repaired or replacement Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. All Hardware and parts that are replaced become the property of ADVANTESCO.

This limited warranty does not apply if: (a) the Hardware assembly seal has been removed or damaged, (b) the Hardware has been altered or modified, except by ADVANTESCO, (c) the Hardware damage was caused by use with non ADVANTESCO Hardware, (d) the Hardware has not been installed, operated, repaired, or maintained in accordance with instructions supplied by ADVANTESCO, (e) the Hardware has been subjected to abnormal physical or electrical stress, abuse, misuse, negligence, or accident, (f) the serial number on the Hardware has been altered, defaced, or removed, or (g) the Hardware is supplied or licensed for beta, evaluation, promotional, testing or demonstration purposes for which ADVANTESCO does not charge a purchase price or license fee.


L. Standard Software Warranty Policy.
ALL SOFTWARE PROVIDED BY ADVANTESCO WITH OR WITHOUT THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE, CONTAINED ON MEDIA ACCOMPANYING THE HARDWARE OR DOWNLOADED FROM OUR WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Without limiting the foregoing, ADVANTESCO does not warrant that the operation of the Hardware or software will be uninterrupted or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, ADVANTESCO does not warrant that the Hardware, software or any equipment, system or network on which the Hardware or software is used will be free of vulnerability to intrusion or attack. The Hardware and software may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which this Hardware’s or software’s use or operation may require.
TO THE EXTENT NOT PROHIBITED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ADVANTESCO BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE HARDWARE AND/OR SOFTWARE, EVEN IF ADVANTESCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ADVANTESCO’ LIABILITY EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER.
The foregoing limitations will apply even if any warranty or remedy provided under this limited warranty fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


M. Major Force
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a major force event. If such event continues for more than 90 days, either of us may cancel unperformed services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for services provided.


N. Amendment of the Terms and Conditions
ADVANTESCO may at any time modify the Terms and Conditions without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time on ADVANTESCO.COM. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of ADVANTESCO.


O. Governing Law and Jurisdiction
The Terms and Conditions shall be construed in accordance with the federal laws of the United Arab Emirates and the local laws and regulations of the Emirate of Ras al Khaimah. The Courts at Ras al Khaimah shall have exclusive jurisdiction in any proceedings arising out of the Terms and Conditions.

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