Terms and Conditions

1. Definitions

   In this agreement, unless the context otherwise requires, the following expressions have the following meanings:

   “We”, “Our” or “Us” means Sharaf DG LLC . “The Company” means Sharaf DG LLC.

   “You” means the person named in the Service Agreement bought by you.

   “This Agreement” means the Service Agreement bought by you, these Terms and Conditions, the Services Description and the Inventory as each may be amended from time to time.

   “Service Agreement” means the document signed by you setting out the services requested by you, the Service Fees, the Initial Term, the Commencement Date and other terms referred to in these Terms and Conditions.

   “Commencement Date” means the date the Services commence.

   “Product” means the services selected by you and set out in Service Agreement bought by you.

   “Service Fees” means the fees for the provision of the Services described in the Service Agreement bought and agreed by you.

   “Initial Contract Term” means the minimum contractual period as agreed on the Service Agreement bought by you.

2. Our Obligations

   We Shall:

   1. 2.1. Provide remote computer software support via telephone and screen sharing within the agreed response times.
   2. 2.2. Provide support between the hours of 9:00am to 6:00pm Sunday to Thursday (excluding UAE holidays) unless otherwise specified on your service agreement.
   3. 2.3. Check backups at regular intervals if backups are listed within the agreement inventory. We will make best endeavours to fix any problems and will notify you if the backups are not possible.
   4. 2.4. Provide hardware support on a labour only basis. We will only provide hardware support without charge if both of the following conditions are true:
      1. The hardware is in working condition and not more than 5 years old.
      2. The hardware is supported by the Operating System installed on it.
   5. 2.5. We reserve the right to charge for on-site work at the rate specified before the visit.
3. Your Obligations
   1. 3.1. You shall enter in to, and abide by the terms and conditions of, the Service Agreement with Sharaf DG LLC for use of their support services.
   2. 3.2. You shall observe all our instructions for the use of the Services which we may send to you from time to time.
   3. 3.3. You shall notify us immediately you become aware of any problem with the Services.
   4. 3.4. If you ask us for assistance, you shall make available to us:
      1. Your company name, full site address, contact name and telephone number.
      2. Serial number of the supported devices
   5. 3.5. You shall comply with all legislation and regulations including but not limited to those relating to the internet and data protection.
   6. 3.6. You are responsible for maintaining an appropriate connection to the Internet (including local firewall configuration) with your telecommunications provider in order for us to provide remote support. You are responsible for all connection charges to the Internet incurred by you.
   7. 3.7. Sharaf DG LLC provides a helpdesk facility which can be contacted via email at ITSupport-DGBusiness@SharafDG.com. You understand and agree that Sharaf DG provide unlimited remote support where:
      1. It is not part of an office move
      2. You have an active internet connection
      3. It is not new hardware/software
      4. The hardware/software is included in the support agreement
   8. 3.8. You agree to immediately notify Sharaf DG LLC if you become aware that there has been or may have been unauthorised use of your computer system.
   9. 3.9. You agree not to permit any third party to access your computer system unless otherwise notified to Sharaf DG.
   10. 3.10. You are responsible for making all reasonable efforts to keep your systems free from viruses and other malware. An up to date anti-virus application must be installed and operational on all servers, personal computers and laptops covered by this agreement.
   11. 3.11. You must notify us as soon as possible should you become aware of a virus or other malware being present on any of your systems.
   12. 3.12. You agree to take reasonable measures to ensure that your employees, agents and representatives use your computer systems exclusively for business related activities. Any faults or system malfunctions arising from non-business related activities will not be covered by this agreement.
   13. 3.13. You are responsible for maintaining a policy describing acceptable use of your computer systems. Your employees, agents and representatives should be made aware of this policy.
   14. 3.14. You agree not to maintain, service, repair, tamper with or alter any hardware covered by this agreement or software installed on it, without prior approval from Sharaf DG LLC . If you or persons other than our engineers perform maintenance or access any equipment, and as a result we are required to restore the equipment to good operating condition, such work will be carried out at your expense. This work will be charged at agreed rate.
4. Prices and Payment
   1. 4.1. Payments for service agreements shall be made annually in advance unless otherwise agreed in writing.
   2. 4.2. We shall notify you in writing of any increase to the service charge at least 7 days in advance. If the increase relates to a change in the Services provided, we shall agree with you the amount of the increase prior to the commencement of the new Services.
   3. 4.3. You agree to pay the annual service charge from the commencement date and for the duration of the service agreement even if the service is suspended or not used.
   4. 4.4. All charges are quoted exclusive of value added tax, which shall be charged at the rate prevailing at the time of invoice.
5. Data Protection and Contact Details
   1. 5.1. You and we shall comply with the provisions of the Data Protection Law and any related legislation insofar as the same relates to the provisions and obligations of this Agreement or data held by us.
6. Warranties
   1. 6.1. Subject to your compliance with the terms of This Agreement, we warrant the provision of information provided will be carried out with reasonable care and skill by personnel whose experience will be appropriate for the tasks which are allocated to them.
   2. 6.2. We do not warrant that the Services will be error free or uninterrupted. Sharaf DG LLC cannot be held responsible for any breaks in service relating to your software, hardware or internet service provision.
   3. 6.3. You agree to hold no claim of compensation from Sharaf DG LLC in respect of financial loss due to downtime or interrupted service.
   4. 6.4. We are not liable for any delays or failures on the part of third party suppliers and providers. We are not liable for any economic, consequential or indirect loss or damage, or for loss of profit, business, revenue, goodwill or anticipated savings.
   5. 6.5. Subject to the provisions of clause 6.1, all conditions, warranties and terms implied by statute or otherwise in respect of satisfactory quality, fitness for purpose or an ability to achieve a particular activity are hereby excluded.
   6. 6.6. You will be solely responsible for any damage to your computer system or loss of data that results from unauthorized downloading of data.
7. Limitation of Liability
   1. 7.1. This clause sets out the limit of our liability to you for breach of our obligations under This Agreement, or any misrepresentation, negligence or other wrongful act on our part called an “Act of Default”.
   2. 7.2. We shall be liable in full and without limitation for death or injury resulting from our own negligence or that of our employees or agents.
   3. 7.3. We shall not be liable for:
      1. Any indirect, consequential or special loss arising from an Act of Default. Consequential loss includes loss of profits, loss of goodwill any type of special, indirect or other consequential loss.
8. Confidentiality
   1. 8.1. Each of the parties undertakes to the other to keep confidential and not use for its own purpose or anyone else all information (written or oral) concerning the business and affairs of the other that it shall have obtained or received from the other party save that which is:
      1. Trivial or obvious.
      2. Already in its possession other than as a result of a breach of this clause.
      3. In the public domain other than as a result of a breach of this clause.
      4. For reasonable marketing or reference purposes.
   2. 8.2. Each of the parties undertakes to the other to take all such steps as shall from time to time be necessary to ensure compliance with the provisions of this clause by its employees, authorised agents and sub-contractors.
   3. 8.3. The provisions of this clause shall survive the termination of This Agreement.
9. Term and Termination
   1. 9.1. This Agreement will run for an Initial Term beginning on the Commencement Date and ending on the day before the end of the Initial Contract Term. This Agreement will automatically be renewed for additional 12 month periods unless terminated by either party giving not less than 30 days prior notice in writing before the end of the contract term.
   2. 9.2. This Agreement may be terminated:
      1. Forthwith by either party if the other commits any material breach of any term of This Agreement and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.
      2. In the event of a technical emergency when we may immediately terminate or suspend this Agreement in which case we shall provide such notice to you via telephone or e-mail.
      3. If configuration changes have been made to any supported system, software or hardware by parties other than Sharaf DG LLC engineers, resulting in chargeable repair work that Sharaf DG LLC deem not financially viable.
      4. Should invoices for goods or services not be paid within our agreed payment terms we reserve the right to suspend this Agreement until payment is received in full, in which case we will provide notification of suspension to you by either telephone or email.
10. General
    1. 10.1. This Agreement (together with any documents referred to in This Agreement) constitutes the whole agreement between the parties relating to its subject matter and no variations to this Agreement shall be effective unless made in writing and signed by both parties.
    2. 10.2. Neither party hereto shall be liable for any breach of its obligations resulting from causes beyond its reasonable control for so long as such situation exists.
    3. 10.3. You shall not be entitled to assign or otherwise transfer This Agreement.
    4. 10.4. Provided it is installed on a system listed in the Inventory of Supported Hardware, the software supported under this agreement is as follows:
       1. Supported Desktop Operating Systems – Microsoft Windows
       2. Microsoft desktop applications: All Microsoft supported versions of Office and components including Visio, Internet explorer and remote desktop connection.
       3. Other desktop applications: Supported Browsers, Compression Applications, Antivirus, Utilities Software will only be supported by us if it is not end of life, any software that is end of life will be supported on a best efforts basis. All business applications like ERP, HRMS, Billing etc will be supported by the respective vendors.
    5. 10.5. Hardware or software installed since the commencement date shall not be covered under this agreement unless agreed in writing. We reserve the right to make a charge to cover additional hardware or software.
    6. 10.6. Our staff is our most valuable asset. If you or a third party were to engage or try to engage them without our agreement, we would suffer serious loss. You agree that you will not engage or try to engage our staff or introduce them to any third party other than in good faith and without any view to their engagement by a third party.
    7. 10.7. We reserve the right to revise and amend our terms and conditions from time to time. If we change our terms and conditions we will place our current terms and conditions on our website at Business.SharafDG.com
11. Force Majeure

    The Company reserves the right to suspend, vary or cancel the Service Agreement if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, flood, storms, breakdown, strikes, riots, lock outs, hostilities, non- availability of materials or suppliers or any other event outside the control of The Company; and The Company shall not be held liable for any breach of contract resulting from such an event.

12. Consequential Loss

    The Company will not under any circumstances accept responsibility for any consequential losses (including loss of profit, loss of business or pure economic loss) suffered by the customer.

13. Law

    This Agreement shall be governed by and construed in accordance with the UAE law and the parties hereto agree to submit to the non-exclusive jurisdiction of the UAE courts.

Our Remote Support Disclaimer

Whilst we embark on taking all due care in the use of your computer, Sharaf DG LLC cannot guarantee this service will resolve the IT problem or that the attempt to resolve technical issues will not cause additional problems requiring an onsite or back‐to‐base support call. Sharaf DG LLC is not liable for any consequential damages and it is the client’s responsibility to backup all applications and data prior to the session.

Please close any personal or confidential information on your screen, as the technician will be viewing your desktop.

By using this Remote Support Service you understand that:

• All remote service and software is provided at the customer’s sole risk.
• You are responsible for the backup of your data and applications.
• Sharaf DG LLC is not liable for consequential damages of any kind.
• Sharaf DG LLC is not liable for unauthorised access to anybody’s computers via the remote software ‘Logmein’ or ‘Team Viewer’.
• Sharaf DG LLC will not disclose passwords or IDs to any undisclosed 3rd party.

The ability for Sharaf DG LLC to remotely access your computer significantly enhances our ability to resolve your technical problem quickly. You understand that, by requesting such assistance, you are providing Sharaf DG LLC technical support personnel with access to and control of your computer.

In doing so, you could be providing Sharaf DG LLC technical support personnel with access to files that reside on your computer therefore, you accept responsibility for any changes made to the desktop content or system settings. Sharaf DG LLC does not assume and is not responsible for any liability for the linking and viewing of any desktop content, the operation of the remote access software or system performance.

Sharaf DG LLC recommends that, for your security and privacy, you exit any open applications that contain personal or confidential information before initiating a remote support session with the Sharaf DG LLC representative. Sharaf DG LLC further recommends that you remain seated at your desktop throughout the entire remote session.

By accepting these terms and conditions, you acknowledge that remote intervention may in some cases result in data loss and/or software corruption on your computer therefore Sharaf DG LLC explicitly recommends that you back up the data from your computer before accepting remote technical support. If you do not back up your data, you run the possibility of irretrievable loss of such data and Sharaf DG LLC will not be liable for any data or extra costs incurred from 3rd parties, however caused.

The Remote Connection

When you have agreed to use our remote service, you will need to initiate a secure connection with one of our support engineers.

In order to create this connection, you will download the software from a link that is emailed to you or the software will already have been installed at your consent.

After use, the software installed can either be removed from your machine or left on for future use in either an activated or deactivated state. This choice is yours and you should indicate to the Sharaf DG LLC technical support representative which option you prefer.