The use agreement and the service offering conditions
Where as: KHELLAN DIGITAL SOLUTIONS, which is originally an Emirati enterprise, have worked under a commercial register documented in Abu Dhabi Chamber of Commerce and Industry, and performed its activities according to the regulations of the United Arab Emirates.
Where as: The customer is anyone uses the services of KHELLAN DIGITAL SOLUTIONS, and knows and acknowledges the conditions of this agreement.
The item of the website hosting
- The conditions of the website content and the uses of the hosted space:
- The customer shall assume the full responsibility for the website contents before KHELLAN DIGITAL SOLLUTIONS and before the authorized legal entities.
- It is forbidden to use the scripts that make high load on the server and a big exhaustion for its resources.
- If your website results in a high load that affects the other websites on the same server, we will suspend your website until finding the suitable solution.
- If you subscribe only in the hosting services, the customer hasn’t the right to demand with installing any scripts unless he/she pays additional fees.
- If we discover any files on the customer website that harm the server (such as the spy and hack files), we will have the right to take any action that we see suitable against him/her.
- Establishing or installing unauthorized forums on the server is prohibited.
- The following services, scripts and contents are prohibited on our servers, including but not limited to: IRC, SPAM, mass or promotional mailings, any content that violates the legitimate or constitutional laws of the United Arab Emirates, anything touches the security side of the state, copyrights infringement, the unlicensed programs, the cracks, Warez, or any content of any program that is categorized by KHELLAN as disallowable or unauthorized for use.
- Its allowable to correspond with the website members (forum) hosted on our servers maximum two times a week in non rush hours which begin from 11 PM to 7 AM (GMT), provided that the transmission rate is no more than 500 members in a one circle. Anything else will be treated as the SPAM. Revise the previous item.
- It is also prohibited to host the terroristic websites, incite the visitors against the Muslim groups or persons, and defame the persons or groups. The pornographic or political websites that in any way attack the policies of the countries will be regarded as a breach of the service conditions.
- Publishing and distributing contents with reserved rights without a prior consent from the owner of such rights shall be banned. If KHELLAN discovers such violation, we have the right to close the website without a prior notification to the website owner.
- It is prohibited to use any unlicensed programs and/or scripts. In case of submitting a complaint about a website that uses a copy with no license from the production company or from the legal officer, the website shall be closed. Such website will demanded with deleting this program and/or script, or obtaining an official license from the production party.
- The violation of the server or trying to harm it:
- The trial of harming the server (whether is a private or joint server) of one of other customers on the shared web hosting shall be forbidden and shall subject the website owner to his/her account final deletion from the company.
- Important warning: KHELLAN has the right to defend its customers by taking any action that it sees suitable without a prior notification or warning. KHELLAN shall not be in any way responsible for any amounts paid or responsible for restoring such amounts unless only KHELLAN verifies that there is a trial to violate or harm the server.
- The payment, cancellation, and ensuring the money restoration:
- The customer shall commit with paying the renewal fees of the service he/she requested on the same time of the service request. In case of renewal, the customer shall adhere to follow up the renewal of subscription and pay on the same day of invoice issuance. The action that shall be taken in case of not paying the invoices shall be as follows: A message from KHELLAN that contains a payment request and notification; putting into consideration that the invoice system will make an automatic transmission before not less than 7 days from the date of invoice issuance, in addition to the Short Message Service (SMS). If the required amount of money has not reached within 72 hours, the website shall be closed for 48 hours. In case of failure of payment, the website shall be deleted from our servers and we shall never in any way responsible for the files or contents of the website. KHELLAN has the right to request fees for reactivating the service which are as follow:
- 200 AED for the websites hosted on our servers
- 450 AED for the specialized servers
- The payment, cancellation, and ensuring the money restoration:
- The customer has the right to request restoring the paid amount within 30 days from the beginning of hosting on our server, if there is a cause convincing for KHELLAN DIGITAL SOLUTIONS. Such convincing causes may include, but not limited to, the support employees failure in introducing the required service or the website suspension for more than 24 hours. The restoration shall include only the shared web hosting and shall not include the servers. Note: The transformation and administrative fees shall be deducted from the amount of money, in addition to the domain value in case of reserving a domain.
- The service cancellation request system:
- The customer has the right to cancel his/her subscription before at least 7 days from the date of invoice issuance. Any requests for cancelling a subscription shall be disregarded and the customer shall be obliged with the renewal or paying a fine not less than 100 AED and not more than 350 AED in case of the shared web hosting. For the specialized servers, they shall be treated as the shared web hosting, but the fine shall be equal to the value of one month rent; whatever the monthly rent amount is. KHELLAN has the full right to make a legal claim or raise the case to the appropriate authorities if there is a breach of such conditions.
- The domains
- KHELLAN shall record the domains of its customers and shall provide them with a full control with the name of the domain (in case of requesting that by the customer). If the customer requests an independent control panel for the domain, he/she shall assume the full responsibility for renewing and following up the domain and shall be responsible for any defect. However, KHELLAN shall commit maintaining the domains that are under its control by renewing them and following their expiration dates, but we are not responsible for the domain nonexistence or loss as a result of not renewing the hosting by you on the specified time.
- KHELLAN shall not responsible in any way for the domains that have not been registered by it; the customer shall certainly assume the full responsibility for his/her domain.
- KHELLAN offers the reservation system of the United Arab Emirates domain (AE) with a price different from the other service provider prices. The passport or ID card copy must be shown for completing the domain registration procedures that are required by the Telecommunications Regulatory Authority in the UAE.
- The backup
- We work toward offering daily, weekly, and monthly backups, in addition to offering a weekly external backup in case of necessity. However, the customer shall be fully responsible for saving the website data and files; the customer shall assume the full responsibility for saving signed files and keeping backups to be as references when necessary. Such procedure is important as some out of control problems, such as the inability to complete the backup, and hard disk failure may occur; so, we shall assume No responsibility. Please be sure to have a backup outside the website. We do our best, but the things sometimes are not all right.
- Website breakdown / Etisalat proxy
- The websites may stop working because of the low strength of Etisalat network or the increasing load on the internet network. Therefore, you must put an Etisalat proxy on your website to work in the proper way; the proxy is: proxy1.emirates.net.ae, and the port is: 8080, whereas such problem has affected the internet users only in the UAE and related to the service provider (Etisalat UAE)
The item of styles design conditions
- The customer has the right to request the design with the colors and shape he/she desires; provided that the design doesn’t include anything contrary to the Islamic Sharia; such as women images or songs. The request must be submitted via the customer service system where the customer adds a technical support ticket in the styles design department, providing a complete illustration for his/her request, attaching the required images and colors.
- The proofs of the work and the final work will be shown for the customer with PNG format and the customer hasn’t the right in any way to use the image.
- The customer has the right to modify the design according to what he/she sees suitable with a maximum of two modifications before the final approval to the work; provided that the modification is not radical and doesn’t include any changes in the colors or in the design shape.
- In case of the customer approval to the final result of the work, the distribution, setup, dynamic and flash additions to the design will be initialized.
- After delivering the design to the customer by using any agreed upon means, KHELLAN shall not responsible for any modifications to the work.
- The customer has not the right to request any repair or modification to any errors in the design resulting from the misuse, abuse, and deformation of the design by any way, whether it is done by the customer or by any other person.
- If there is an error committed by KHELLAN DIGITAL SOLUTIONS designers, the customer must request the modification within a period not exceeding one week from the date of work delivery.
- KHELLAN DIGITAL SOLUTIONS shall disclaim its responsibility for anything occurs in the design, such as an abuse, ruin, or penetration resulting from the website owner, or from any other person out of KHELLAN DIGITAL SOLUTIONS or out of its administrative staff.
- You must put into consideration that all defects resulting from the design and hosting in case of dealing with other companies will be out of our duty.
- The customer shall pay the whole amount due to service before start working.
The item of websites designing and programming
- The customer shall commit to the secrecy and privacy of the scripts installed by KHELLN and shall not disclose, distribute, or offer all such scripts or part hereof without a written permission from KHELLAN.
- The customer shall be bound with the modules he/she has requested, and any additional request shall be calculated with additional fees
- The customer communicates with the customer service department for choosing the distribution of his/her website. The customer service department displays the website distribution before the design, and the customer approves such distribution before starting the design process.
- After the approval to the website distribution, the customer has the right to request the design with the colors and shape he/she desires; provided that the design doesn’t include anything contrary to the Islamic Sharia; such as women images or songs. The request must be submitted via the customer service system where the customer adds a technical support ticket in the styles design department, providing a complete illustration for his/her request, attaching the required images and colors.
- All the software of KHELLAN DIGITAL SOLUTIONS are encrypted, and the customer hasn’t the right to receive an open copy of such software as they are one of the company’s assets and may not be sold or assigned.
- All the software of KHELLAN DIGITAL SOLUTIONS are encrypted using the ioncube system to ensure the protection of programming. Therefore, please be sure, before installing the software, that the hosting server supports the ioncube system.
- After delivering the website, the customer will receive a user manual illustrating all the capabilities of the programmed website. The customer must read the user manual and fully understand the website way of work, or he/she can subscribe in the paid technical support of software where the specifications will be illustrated and he/she will be assisted in managing his/here website after its delivery.
- Any modification to the programming after delivery or any modification out of the agreement shall be made in consideration of additional fees.
- The problems resulting from only the programming defects shall be repaired. Any defects resulting from the misuse shall not be repaired unless paying additional fees.
- If the customer makes a programming, design, or any other services request and wants to cancel the request for any reason after transferring the amount of money, the customer hasn’t the right to request restoring the paid amount. Such paid amount shall remain in the customer balance and he/she can utilize it for obtaining any of our service.
- The customer shall not remove the slogan or the statement related to the programs or designs rights that are put in the bottom side of the program or design. In case of removal, the customer shall be out of the service agreement which includes in some cases the development, renewal of, or obtaining agreed upon advantages.
- The customer hasn’t the right to defame KHELLAN or slander its employees or administrative staff. Otherwise, the customer has the right to submit his/her compliant to the appropriate authorities in the United Arab Emirates; noting that the attempts of defamation or slander in any way give KHELLAN the whole right to cancel the contract and refuse offering any service of any kind to the customer.
- Resale of the KHELLAN services without a written permission from the management of KHELLAN DIGITAL SOLUTIONS, or resale of such services by dealers unauthorized by KHELLAN in the UAE or outside the UAE, shall be absolutely prohibited.
- KHELLAN has the right to cancel the subscription of any customer at any time without indicating the reasons, provided that returining the remaining amount to the customer.