By subscribing to the CAR RENTAL Cloud services: (the “Services”) provided by CAR RENTAL and its affiliates (collectively, “ARMS
IT”) in relation with CAR RENTAL Car Rental Software or CAR RENTAL Car Rental Platform (the “Software”), hosted on CAR RENTAL’s Cloud platforms (the “Cloud Platform”), you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).
The duration of this Agreement (the “Term”) shall be specified in writing on conclusion of this Agreement, beginning on the date of conclusion. It is automatically renewed for an equal Term, unless either party provides a written notice of termination minimum 30 days before the end of the Term to the other party.
User
Any user account indicated as active in the Software or the platform, with access to creation and/or edition mode.
Bug
Is considered a Bug any failure of the Service or of a Covered Extra Module that results in a complete stop, error traceback or security breach, and is not directly caused by a defective installation or configuration. Non-compliance with specifications or requirements will be considered as Bugs at the discretion of CAR RENTAL (typically, when the Platform does not produce the results or performance it was designed to produce, or when a country-specific feature does not meet legal accounting requirements anymore).
3.1 Bug Fixing Service
For the duration of this Agreement, CAR RENTAL commits to making all reasonable efforts to remedy any Bug of the Software or the platform submitted by the Customer through the appropriate channel (typically, the web form or phone numbers listed on https://rent-rige.com/ , and to start handling such Customer submissions within 3 business days.
As soon as the Bug is fixed an appropriate remedy will be communicated to the Customer.
3.2 Cloud Platform
CAR RENTAL commits to apply the security remedies for any security Bug discovered in a version of the Software hosted on the Cloud Platform, on all systems under its control, as soon as the remedy is available, without requiring any manual action of the Customer.
3.3 Upgrade Services
Upgrade Service for the Software
For the duration of this Agreement, the Customer can submit upgrade requests through the appropriate channel in order to convert a database of the Software from any version of the Software to a more recent Covered Version.
This service provided through an automated platform in order to allow the Customer to perform unattended upgrades once a previous version of the Customer’s database has been successfully upgraded for a Covered Version.
The Upgrade Service is limited to the technical conversion and adaptation of the Customer’s database to make it compatible with the Target Version, the correction of any Bug directly caused by the upgrade operation and not normally occurring in the Target Version, and the conversion of the source code and data of Covered Extra Modules for the Target Version.
It is the responsibility of the Customer to verify and validate the upgraded database in order to detect Bugs, to analyze the impact of changes and new features implemented in the Target Version, and to convert and adapt for the Target Version any third-party extensions of the Software that were installed in the database before the upgrade (e.g. non-converted Extra Modules). The Customer may submit multiple upgrade requests for a database, until an acceptable result is achieved.
3.4 Support Services
Scope
For the duration of this Agreement, the Customer may open an unlimited number of support tickets free of charge, exclusively for questions regarding Bugs (see 4.1 Bug Fixing Service) or guidance with respect to the use of the standard features of the
Platform
Other assistance requests, such as questions related to development or customizations may be covered through the purchase of a separate service agreement. In case it’s not clear if a request is covered by this Agreement, the decision is at the discretion of CAR RENTAL.
Availability
Tickets can be submitted via the web form or phone numbers listed on: https://rent-ride.com/ , the tickets are subject to local opening hours.
By subscribing to the CAR RENTAL Cloud services: (the “Services”) provided by CAR RENTAL and its affiliates (collectively, “ARMS
IT”) in relation with CAR RENTAL Car Rental Software or CAR RENTAL Car Rental Platform (the “Software”), hosted on CAR RENTAL’s Cloud platforms (the “Cloud Platform”), you (the “Customer”) are agreeing to be bound by the following terms and conditions (the “Agreement”).
4.1 Standard charges
The standard charges for CAR RENTAL e Invoicing subscription and the Services are based on the number of and/or the number of Users. The pricing details are mentioned in the pricing page on: https://rent-ride.com/ .
When during the Term, the Customer has more and/or Users than specified at the time of conclusion of this Agreement, the Customer agrees to pay an extra fee equivalent to the applicable list price.
When the Customer requests an extra services or extra developments not provided or mentioned at the beginning of the agreement, then Car Rental may charge an extra fee according to the new services.
4.2 Renewal charges
Upon renewal as covered in section 1 Term of the Agreement, if the charges applied during the previous Term (excluding any “Initial Discounts”) are lower than the most current applicable list price, these charges will increase by up to 5%.
4.3 Taxes
All fees and charges are exclusive of all applicable, provincial, state, local or other governmental taxes, fees or charges (collectively, “Taxes”). The Customer is responsible for paying all Taxes associated with purchases made by the Customer under this Agreement, except when CAR RENTAL is legally obliged to pay or collect Taxes for which the Customer is responsible.
5.1 Customer Obligations
The Customer agrees to:
5.2 Publicity
Except where notified otherwise in writing, each party grants the other a non-transferable, non-exclusive, royalty free, worldwide license to reproduce and display the other party’s name, logos and trademarks, solely for the purpose of referring to the other party as a customer or supplier, on websites, press releases and other marketing materials.
5.3 Confidentiality
Definition of “Confidential Information”:
All information disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. In particular any information related to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of either party should be regarded as confidential.
For all Confidential Information received during the Term of this Agreement, the Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own similar Confidential Information, but not less than reasonable care.
The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the he Disclosing Party prior notice of the compelled disclosure, to the extent permitted by law.
Definitions “Personal Data”, “Controller”, “Processing” take the same meanings.
Processing of Personal Data
The parties acknowledge that the Customer’s database may contain Personal Data, for which the Customer is the Controller. This data will be processed by CAR RENTAL when the Customer instructs so, by using any of the Services that require a database (e.g. the Cloud Hosting Services or the Database Upgrade Service), or if the Customer transfers their database or a part of their database to CAR RENTAL for any reason pertaining to this Agreement.
This processing will be performed in conformance with Data Protection Legislation. In particular, CAR RENTAL commits to:
With regard to points (d) to (f), the Customer agrees to provide CAR RENTAL with accurate contact information at all times, as necessary to notify the Customer’s Data Protection responsible.
In the event that either Party fails to fulfill any of its obligations arising herein, and if such breach has not been remedied within 30 calendar days from the written notice of such breach, this Agreement may be terminated immediately by the non-breaching Party.
Further, CAR RENTAL may terminate the Agreement immediately in the event the Customer fails to pay the applicable fees for the Services within 21 days following the due date specified on the corresponding invoice, and after minimum 2 reminders.
CAR RENTAL will keep all the data and files available to be downloaded and accessed after 60 days from the termination date or subscription end. After this period it is CAR RENTAL right to delete all customer data without notice.
6.1 Warranties
CAR RENTAL owns the copyright on 100% of the code of the Software/Platform. And the customer will never under any circumstances can claims any ownership for the platform owned by CAR RENTAL.
For the duration of this Agreement, CAR RENTAL commits to using commercially reasonable efforts to execute the Services in accordance with the generally accepted industry standards provided that:
6.2 Disclaimers
Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.
To the maximum extent permitted by law, the aggregate liability of each party together with its affiliates arising out of or related to this Agreement will not exceed 50% of the total amount paid by the Customer under this Agreement during the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims shall not enlarge this limitation.
In no event will either party or its affiliates be liable for any indirect, special, exemplary, incidental or consequential damages of any kind, including but not limited to loss of revenue, profits, savings, loss of business or other financial loss, costs of standstill or delay, lost or corrupted data, arising out of or in connection with this Agreement regardless of the form of action, whether in contract, tort (including strict negligence) or any other legal or equitable theory, even if a party or its affiliates have been advised of the possibility of such damages, or if a party or its affiliates’ remedy otherwise fails of its essential purpose.
6.4 Force Majeure
Neither party shall be liable to the other party for the delay in any performance or failure to render any performance under this Agreement when such failure or delay finds its cause in a case of force majeure, such as governmental regulations, fire, strike, war, flood, accident, epidemic, embargo, appropriation of plant or product in whole or in part by any government or public authority, or any other cause or causes, whether of like or different nature, beyond the reasonable control of such party as long as such cause or causes exist.
7.1 Governing Law
This Agreement and all Customer orders will be subject to Saudi law. Any dispute arising out of or in connection with this Agreement or any Customer order will be subject to the exclusive jurisdiction of the Kingdome of Saudi Arabia Courts.
7.2 Severability
In case any one or more of the provisions of this Agreement or any application thereof shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement and any application thereof shall be in no way thereby affected or impaired. Both parties undertake to replace any invalid, illegal or unenforceable provision of this Agreement by a valid provision having the same effects and objectives.
