These Terms and Conditions represent the requirements, and obligations, of the Subscribing in the services stated in the Proposal or Service Order, and Provided by Gulf International Network Company – KEMS hereinafter referred to as “Service Provider” to the customer who will use such services, collectively referred to as the “Parties”
By signing these terms and conditions, the customer acknowledges that the terms and conditions are fully & accurately reviewed as the customer is fully aware of their provisions and consequences and that the customer accepts all the terms and conditions listed below without reservation or objection.

1. These Terms and Conditions shall consider an integral part of the proposal or the service order and in the absence of the service Agreement, then these Terms and Conditions shall consider as the Service Agreement between the Service Provider and the customer.

2. The Services Term: the customer subscription to the Service Provider services shall come into effect from the date of activating the service and committed for the period stated in the proposal or the service order and it shall be automatically renewed for the same period(s) with the same conditions unless the customer provides the Service Provider with a prior written notice stating the wish of not renewing the subscription of not less than 90 ninety days prior to the expiry of the committed contract period.
In the case, the customer requests new services or new devices; the agreed commitment period starts from the date of activating the new service or from the date of delivery of the device.

3. The Services Termination:
3.1 The Customer agrees and acknowledges to continue contracting and subscribing to Service Provider Services for the duration of the committed period, and if the customer breach this by terminating the Services of the Service Provider for convenience prior to the committed period or any renewed periods, then such termination shall cause damage to the Service Provider and customer shall be liable to compensate this damage via paying the price of the remaining committed period of this Agreement to the Service Provider.
3.2 Either party may terminate the contract of the Services of the Service Provider Services at any time by giving sixty (60) days prior written notice if one of the parties breaches the obligations stipulated in these terms and conditions and fails to remedy this breach within thirty (30) days from the date of his written notification thereof.
3.3 The Service Provider may terminate the service provided to the customer permanently and immediately if the customer has been liquidated or bankrupt.
3.4 Upon the effective termination date of the Services of the Service Provider, then the customer shall return any devices and equipment provided by the Service Provider for the services Implementation or as rental equipment or devices. However, this shall not apply if the customer purchases the equipment and devices from the Service Provider and pays their full price.

4. The Service charges:
4.1 The customer shall pay the subscription fees for the services of the Service Provider and all related expenses and costs for providing the service as per the proposal or service order, within ten (10) days from the date of receiving the invoice.
4.2 If the customer objects to any invoice due to a material error, then this will not prevent the payment of the remaining unobjectionable service fees until the objection to the invoice is resolved.
4.3 In the event the customer fails to pay the service fees on the agreed date, the Service Provider has the right to suspend the service for a period of (15) fifteen days after notifying the customer, and If the customer continues not to pay, then the Service Provider has the right to terminate the service subscription without a court judgment, and can claim the customer for all the due amount for using the service and the price of the remaining committed period in addition to the devices that are not fully paid.

5. THE SERVICE PROVIDER’ Main Obligations:
5.1 The Service Provider shall provide the services stated in the proposal or service order to the customer as per these terms and conditions and the SLA based on the type and nature of each service.
5.2 The Service Provider shall deliver the services within five days from the date of the customer signing the proposal or service order and submitting the main documents of the customer such as The Signature Authorization, a Civil ID copy for the signer, the commercial license, the commercial registration number, and the PACI No of the customer’s address. Nevertheless, the Service Provider is not responsible for any delay due to the customer’s act or fault or the Force majeure.
5.3 The Service Provider shall comply with the Laws and Regulations issued regarding the provision of the Services and shall have the necessary powers and licenses to provide the Service.

6. The customer’s main obligations.
6.1 The customer shall use the subscribed services stated in the proposal or service order as per the authorized and intended purpose without any abuse or violation of the laws of the State of Kuwait, in addition to protect the services, devices, wires, and tools provided by the Service Provider from any unauthorized interference, manipulation, or maintenance by any third party.
6.2 The customer shall use the devices that comply with the technical specifications stated in the laws, regulations, and resolutions of the Kuwaiti Government Institutions and which are suitable to the rest of the devices to be eligible to operate the service provided by the Service Provider.
6.3 The customer shall abide by the rules as well as the financial and technical system issued by the state of Kuwait and any government institutions of Kuwait regarding the services provided by the Service Provider. In the case of the state increasing the fees of such services, the prices of the service provided to the customer will be automatically adjusted accordingly.
6.4 The customer is obligated to give access for the Service Provider staff inside the customer premises to implement the services stated in the proposal or service order and at the time of inspection to ensure compliance with the specifications and standards agreed to under these terms and conditions.
6.5 The customer shall refrain to permit to a third party to use, sub-lease or link the provided services to any unauthorized local or international networks in any way except after obtaining prior written approval of the Service Provider.
6.6 The customer shall not be used for Voice Over IP (VOIP). In case of violation of this clause, then the customer shall face consequences, which includes immediate disconnection of provided services, prosecution under Kuwaiti Penal laws and any procedures issued by the Kuwaiti Government Institutions.

7. The Lability.
7.1 The Service Provider shall not be held responsible whatsoever for non-availability of the Service or any damage or loss occurred to the customer if it is due to local or international technical reasons beyond its control, or Power Outages or Force Majeure, or the customer internal technical or non-technical issues. Where the Service Provider responsibility ends at provisioning the Service(s) to the customer.
7.2 The Service Provider shall not be held responsible for the disconnection of the services temporarily for periodic maintenance after the prior notice for it, and the emergency maintenance, which will be notified at the earliest.
7.3 The Service Provider shall not be held responsible for the disconnection of the services from the subscriber if the same is required in the public interest (refers to the “common well-being” or “general welfare”) for certain emergencies or at the request of the official authorities or to prevent the risk of a technical defect resulting from the continuing to provide the service.
7.4 Notwithstanding any provision to the contrary contained in the Agreement, and subject to the below-stated exceptions, the total liability of the Service Provider, together with its Representatives, arising out of or in connection with the Services provided to the customer , under any legal theory, shall not exceed the lesser of 50% of the value of the contract over a 12-month period or the total value of the contract if not delineated by time. The parties also agree that: (a) Neither the Service Provider nor its Representatives shall be liable for any indirect, special, incidental, exemplary, consequential losses or damages, or for any loss of profits, income, business, business opportunities, data corruption or loss, anticipated savings, punitive damages, goodwill, reputation, or any other losses resulting from the use of reasonable diligence by the damaged party to mitigate such losses. (b) The Service Provider assumes no liability for losses arising from external factors beyond its control, including but not limited to zero-day attacks, unknown vulnerabilities, denial of service attacks, malware, hacking attempts, network traffic or application utilization spikes, as well as any deficiencies in the Customer’s applications, codes, data structures, system software, operating systems, or vendor-supplied patches. (c) The provision of Service Credits as stated in the SLA where applicable shall constitute the Customer’s sole and exclusive remedy for the Provider’s failure to fulfill any service guarantees warranting such credits. (d) These limitations of liability are a fundamental part of the Agreement and represent a mutually agreed allocation of risk and it  is sufficient to compensate any damages, forming part of the consideration for the Service Provider’s services. These limitations shall remain in effect even if any remedy fails in its essential purpose.

8. The Confidentiality: Both Parties are committed to maintaining the confidentiality of services specification, details, and all information provided by the other Party, in addition, to ensuring that they will not disclose such confidential information to any third party, also that none of that information and data will be used except by the persons affiliated with each party in order to perform their work.

9. Intellectual property: Nothing in these terms and conditions allows the transfer of intellectual property to the customer for any of the Services or Devices, and the customer must respect the intellectual property rights and not infringe on them or any of the copyright, registration, or trademark rights as stipulated in laws and decisions Kuwait.

10 Data privacy:
10.1 The data that is shared from the customer is essential data for the conclusion of the contract and the installation of services only, and the Service Provider does not have any access to or in possession of other data related to the customer except after his explicit consent to that.
10.2 Customer Data Responsibility
In the event of services which entail hosting, cloud, and storage of data, Service Providers are not privy to the Customer or their end-users’ data stored, including its content, quantity, value, or usage. Such Customer Data remains the sole property of the Customer, who is exclusively responsible for:
A. Assessing the Services’ appropriateness for the Customer Data managed or processed by the Customer or their end-users,
B. Ensuring that the Services are used securely and appropriately by authorized users, taking reasonable precautions against unauthorized access,
C. Implementing all reasonable measures to mitigate risks involved in transmitting, storing, and managing Customer Data, including encryption and access control,
D. Promptly notifying Service Providers about any unauthorized Service use or security breaches and cooperating with the Service Providers’ security investigations.
10.3 Data Management
A. Data Backup: Customer must maintain an up-to-date copy of their data and program out of the Service Provider’s systems. If using the Service Provider’s Cloud Backup Services, it is the Customer’s duty to execute, test restores, and monitor data integrity.
B. If specific security standards and procedures are not defined in the service request, commercial proposal, or service agreement, the service provider will implement reasonable measures and procedures to protect customer data against loss, alteration, or unauthorized access.

11 General Terms of Services.
11.1 Adding a new service or device: If the customer wishes to add any new services or devices, then it will be as per the service order or proposal approved by both parties, stating the details of the new service, and the terms of payment.
11.2 Change of services: If the customer wishes to change any of the services, then it will be as per the service order or proposal, provided that the customer shall pay all the outstanding amounts before changing any of the services.
11.3 Services Delivery: The Service Provider shall issue the service acceptance letter upon installation of the service and send it to the customer to test the service and confirm it in the period of 5 working days from the date of receiving the letter, and if this period end without the written confirmation of the customer, then the silence of the customer shall be considered as acceptance of the service.
11.4 DID numbers services: if the Service Provider provides the service of DID number for local/international calls, then the customer acknowledges and agrees to take full responsibility with no liability on the Service Provider in the matter of using and securing the DID numbers, and in the matter of paying any bills issued by the Kuwait Ministry of Communications regarding the use of the DID number.
11.5 Domain name services: if the Service Provider provides the service of Domain name to the customer, then the customer agree and acknowledges renewing such Domain name by a written request to the Service Provider. With no liability on Service Provider If, the customer delayed the request of renewing the Domain name.
11.6 Cloud computing service: If the Service Provider provides the customer with cloud computing services, the customer will be obligated to classify his data according to the classification mentioned in the regulations of the Communications Authority and store it in the form and place that suits this classification.
The customer also acknowledges that the Service Provider does not know the content of the data that is stored in the cloud and the customer undertakes that it does not infringe on the intellectual property of others or violate any of the laws, regulations, and decisions in force in the State of Kuwait.
In addition, the customer acknowledges and undertakes that he is the only one who has the right to access his data, and that and that the protection of the data will be according to the classification type of the data and the type of storage. In all cases, the Service Provider cannot use that data without the consent of the customer.
11.7 Cybersecurity Services: If the service provider provides the customer with cybersecurity services, the customer acknowledges and agrees that the levels of protection provided will be in accordance with what is specified in the Service Level Agreement, with the understanding that the customer shall classify the data to be protected in accordance with the provisions of applicable laws and regulations.

12. Suspension of Service
12.1 The Service Provider may also suspend the Services with immediate effect where:
a) it is necessary in order to carry out any maintenance or repair to the Services or otherwise; or
b) If the customer system or service displays any indication of a cyber security breach and/or malware.
c) the relevant government authorities within the state of Kuwait or elsewhere require the Service Provider to suspend the Services for whatever reason; or
d) the Customer has breached any of the terms and conditions in the General Terms and/or the Specific Terms.
a) The Service Provider may reinstate the Services in its sole discretion if it is satisfied that the Customer has rectified any breach of the Terms & Conditions or the reason for the initial suspension of the Services no longer applies.
12.2 The Service Provider shall notify the Customer of any expected or suspected suspension of services as soon as practicable and, to the greatest extent possible, prior to the suspension of service taking place.

13.Notifications and Correspondence: The customer acknowledges and agrees that the address and Email provided by the customer hereunder will be the chosen registered address for all correspondence, whether legal, ordinary, or electronic, and in the event of a change, the customer shall notify the Service Provider of that in writing with the new address or Email.
The customer acknowledges and undertakes to send any correspondence regarding the services provided by the service provider, whether it is a request for cancellation or modification of the service, to the e-mail: (salesadm@zajil.com) If any correspondence is sent to another e-mail, then such correspondence will not reach the service provider’s knowledge.

14. Governing Law and Jurisdiction: This terms and condition is governed by the laws of the State of Kuwait, and both parties submit themselves to the exclusive jurisdictions of the Kuwaiti Courts

15. Language of contract: Arabic language is the approved language in interpretation and implementation of these terms and conditions. Should any conflict arise between the Arabic and the English text, the Arabic text shall prevail