Terms and Conditions

Terms & Conditions For CRM Providers
we”, “our”, “us”, “aqaryh” refers to Aradi Real Estate Est. trading as “aqaryh” and/or “https://aqaryh.com/” and its subsidiaries, employees, officers, agents, affiliates or assigned parties.

“Website” refers to https://aqaryh.com/

“You”, “Your” or refers to you as the CRM provider

“the Client” refers to the company using the CRM services to publish on aqaryh

“Terms” refers to these Terms & Conditions for CRM Providers

These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through providing CRM services through the Website.

The following are the standard terms and conditions that apply to all CRM providers for aqaryh clients.

YOUR OBLIGATIONS. IN ACCESSING OR USING OUR WEBSITE YOU AGREE THAT YOU WILL NOT
1.1 Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage
1.2 Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
1.3 Act in violation of any Term of Use or other condition posed by us or any applicable law;
1.4 Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorized by us
1.5 Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
1.6 Obscure or block correct data from being uploaded via Property Finder XML; or upload misleading or incorrect data via Property Finder XML
2. YOU ACKNOWLEDGE THAT:
2.1 This Agreement is a separate agreement from the agreement between the client and aqaryh.
2.2 You must ensure that the data sent by the client is in the correct aqaryh r XML format, following the correct aqaryh XML specifications, is not corrupt and is valid data.
2.3 You must ensure that the client validates all property listing permits, provided by any law, regulation, or otherwise, where such listing is being advertised, before feeding any listings to our Website. Such validation shall include, but is not limited to permit number and permit date being valid, as well as, the party listing the property being a match to the party that the permit was issued to. The Client shall not allow any properties to be fed to our Website if the permit is invalid for any reason. Failure to comply with this clause may, in our discretion, result in such action as we feel necessary to cure the violation. Such may be the case, within our discretion, that the client is thereafter prohibited from providing any feeds to our Website.
2.4 You must notify aqaryh immediately if you become aware that you have breached any of these requirements, any of the data transmission guidelines or any other requirement applicable pursuant to this Agreement in relation to data that you upload. When notifying aqaryh you must also provide a list of all subscribers and listings that are affected.
3. IMPORTANT NOTE:
3.1 The CRM provider should have a traceable record of performance within the Kingdom of Saudi Arabia to link with our system and we reserve the right to refuse any provider that does not meet this requirement.
3.2 You must be available to provide support to the clients using your service.
The client must first contact you for support if they have any issues with transferring their property data to aqaryh.
You must be available during the Kingdom of Saudi Arabia business hours Sunday to Thursday to provide support to the clients using your service. For the purposes of this clause, “local business hours” means the hours of 9am to 6pm, Sunday to Thursday, in the place where your clients are located.
You must check your data processing log files daily to ensure there are no technical problems preventing the transfer of property data to aqaryh.
4. PROPERTYFINDER XML SETUP AND FUNCTIONAL SPECIFICATIONS
4.1 The Property Finder XML format specification will be provided to you. It is then your responsibility to ensure that your computer system is capable of generating the appropriate data files to be sent to aqaryh in the correct XML format.
4.2 It is your responsibility to ensure that data is being transferred to the satisfaction of the client.
4.3 aqaryh will provide you with the required technical support to highlight any incompatibilities in your feed and it is your responsibility to rectify the problem
4.4 aqaryh will activate clients’ feed after receiving a written confirmation from the client with the feed link
5. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
5.1 This Agreement continues until terminated in accordance with the terms of these Terms.
5.2 Unless otherwise stated in the Agreement, this Agreement shall have a Term of twelve (12) months from the start date as specified in this agreement
5.3 aqaryh may terminate this Agreement by giving you 7 days written notice if you breach any provision of this Agreement and fail to rectify the breach within 7 days of being given a notice to rectify the breach.
5.4 Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
5.5 You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
6. PACKAGES, FEES AND PAYMENT
6.1 Full payment in advance is the only acceptable forms of payments associated with these Terms.
6.2 We reserve the right to revise and amend these Terms at any time without notice. By continuing to provide CRM services via aqaryh XML, you are agreeing to be bound by this Agreement.
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 To the maximum extent allowable by the laws of the Kingdom of Saudi Arabia, aqaryh:
Excludes all conditions and warranties that might otherwise be inferred into this Agreement, whether those warranties are express or implied
Will not be liable to you for any consequential, special or indirect loss or damage (including, but not limited to loss of opportunity, loss of revenue and loss of profits)
Limits its liability for breach of any non-excludable condition or warranty to, at its option, the greater of resupplying the Service or paying the cost of having the Service resupplied
Limits its liability in respect of any other claim in connection with this Agreement, whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
7.2 We will not be liable under this Agreement to the extent that liability is caused by any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
7.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with these Terms.
7.5 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any Website linked to it.
7.6 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
8. GENERAL
8.1 aqaryh will deal with a contact person nominated by the client (“Technical Contact”) in relation to any technical difficulties experienced with the clients’ use of the Service. As of the agreement with the subscriber.
8.2 The Service is designed to receive the aqaryh XML file sent by you, validate the data and then enter the valid data into the aqaryh database.
8.3 aqaryh database is updated once per 30 minutes, which then updates the aqaryh Website.
8.4 No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
8.5 You must not assign the Agreement without our written consent.
8.6 The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
8.7 The laws of the Kingdom of Saudi Arabia apply.
8.8 You submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia.
8.9 If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
8.10 Check this page frequently to take notice of any changes we made, as they are binding on you. We may revise these Terms at any time by amending this page. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available on the Website.

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