These terms of service and conditions of use contain important information regarding your legal rights, remedies, and obligations. these include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
General Terms & Conditions
The website old.olindias.com (referred to as the “Site”), including all of its content (referred to as “Content”), and the brand OLINDIAS is owned and operated by OLINDIAS, SUARL (referred to as “Company”, “we”, “our”, “us”, and “Olindias”) located at Knowledge Place Monastir 5000 TUNISIA.
OLINDIAS is as AI SaaS company that offers the right services needed for AI SaaS products design, development and communication (referred to as the “Services”) for individuals and organizations. Said Services also include (i) projects, tasks, assignments, deliverables, or products provided by the Company; (ii) the use of the Site and Content; and (iii) any documentation provided or made available by the Company in either electronic or written form.
The Terms and Conditions (referred to as “Terms”) defined here presents a binding legal agreement between you (also referred to as the “User”, “Client”, and “your”) and the Company. It governs your use and access of any of the Services included in the Terms. Other documents, including but not limited to the Privacy Policy, shall constitute part of these Terms.
By using, requesting, or acquiring the use of any of the Services provided by Olindias, you agree to be legally bound by these Terms and all other amendments and/or changes that will be made to it from time to time. If you are using the Services on behalf of an organization, you agree that you have the authority to legally bind said organization to our Terms (in which event, “you” and “your” will now refer to said organization) unless said organization has agreed to a separate contract with us, in which case the terms of said contract will preside over your use of the Services. You may use the Services only if you comply with the Terms defined here and only if you have the authority to form a legally binding contract with the Company and that you are not prohibited by any law from doing so. If you do not agree to these Terms, you must not use or access any of the Services we provide.
You must be at least 18 years of age to use the Services offered by the Company.
Services and support
Olindias will use its best effort to provide you the contracted Services. The Company has the right to immediately cancel, abort or terminate any ongoing contract to provide the agreed upon Services at any time, within the bounds discussed in the Terms.
Restrictions and responsibilities
By using this website, you fully agree to not use the Site and its Contents for commercial use or non-personal purpose, whether direct or indirect. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from this Site. Additionally, whether or not you have a commercial purpose, you agree not to:
a) decompile, disassemble, reverse engineer, or attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or the Site
b) access, monitor, or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without consent and written permission from the Company;
c) violate the restrictions in any robot exclusion headers on this website or bypass and circumvent other measures employed to prevent or limit access to this website;
d) translate, modify, or create derivative works based on the Services unless explicitly permitted by the Company
You hereby agree to indemnify the Company from being held responsible for any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in case any claim or action arises from any suspected violation of your use of Services.
Confidentiality and proprietary rights
The Company’s proprietary rights include non-public information on features and functionality of the Services. Your proprietary rights include non-public information that you provide to the Company to enable us to provide the required Services (referred to as “Customer Data”). Both parties hereby agree to take reasonable precautions to safeguard the proprietary rights of both parties and not to use (except in the performance of the required Services or as permitted by both parties) or divulge it to any third party in accordance with our stated Privacy Policy.
You shall own all right, interest, and title to the Customer Data and any data derived from it as part of the Services. Olindias shall retain and own all right, interest, and title to (a) the Services, including all improvements, modification, and enhancements to it, (b) any inventions, software, applications or other technology developed in connection with the Services provided, and (c) all intellectual property rights associated to any of the abovementioned information.
You agree that Olindias shall retain the right to collect and analyze data and relevant information related to the provision, performance, and use of the Services including, but not limited to, information provided as Customer Data and other data derived from it. You agree to give the Company the freedom to use said information to improve, develop, and correct the Services at any time the Company deems necessary.
See our Privacy Policy for a more detailed information regarding Confidentiality.
Payment on services
You agree to pay Olindias all applicable fees defined in the invoice for the provided Services in accordance with the payment terms agreed upon by you and the Company including any adjustment for discounts (referred to as the “Fees”), regardless whether it is higher than the cost estimates provided before or during the time the Services were provided. The Company reserves the right to change its pricing and fees structure to include new charges and fees at any time without notifying you. Changes in pricing and fees structure, along with changes in other charges, will apply to any contract started regardless if you have used the Services prior to such changes.
It is your sole responsibility to review the latest pricing and fees structure followed by the Company by consulting us. If you think Olindias has charged you inaccurately, you must contact us within seven (7)working days after the invoice has been given or the contract has been concluded and the Services have been provided to allow us to review and perform any necessary adjustments.
You are responsible for terminating any ongoing contract if you deem the Services provided are unsatisfactory. However, you are to pay for the hours spent by the Company in providing the Services, regardless of your satisfaction with the end product. You are responsible for requesting progress reports as frequently as you want to determine the work progress. In the event that you find the Services performed by the Company unsatisfactory, it is your responsibility to report it to us to allow us to perform investigations on any dispute.
Olindias may choose to bill you through an invoice, in which case full payment is expected to be received by the Company within fourteen (14) working days after the invoice is sent. Failure to fulfill the payment of the Fees may incur additional charges or be considered grounds for the Company to pursue legal action.
Olindias will use all reasonable effort to provide you with the Services requested and defined in the contract. In the same manner, you shall pay the Company the necessary Fees in accordance with these Terms. In case the Services are cancelled, terminated, or aborted by either you or the Company, you agree to pay in full the Fees incurred for providing the Services up to and including the last day of the cancellation of said Services. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
The Company reserves the right to send you an invoice for the Fees incurred for providing the Services you required at any time. This includes, but is not limited to, situations wherein we are awaiting your feedback or confirmation for the Services provided. In situations where we do not receive any feedback or confirmation for the Services provided within fourteen (14) working days, we will automatically send you the invoice.
If you are acquiring or using the Services on behalf of an organization, and said organization defaults or is not able to pay the Fees owed to Olindias, you will be liable to pay the Fees unless it is proven that you do not know the reasons for the organization’s delay or inability to pay for the Services.
Warranty And Disclaimer
Olindias shall use all reasonable effort consistent with current industry standards to provide the Services in a professional manner with minimal errors and interruptions. However, the Company does not guarantee that the Services will be free from errors.
The Services provided by the Company are free from any warranty, either expressed or implied, including but not limited to warranties of merchantability and warranties of fitness for a specific purpose and non-infringement.
Indemnity
You agree to fully indemnify and defend Olindias, including our affiliates, directors, employees, representatives, officers, and agents (referred to as the “Indemnified Party”) from any and all claims, liabilities, losses, damages, costs, and expenses (including, but not limited to, lawyer’s fees and all related expenses and associated costs) arising from or relating to any suit, demand, claim, proceeding, or legal action brought by you or a third party relating to: (a) the use of any of the Services by you or related parties, including any and all Customer Data you have provided, and any Fees incurred through the provision and use of the Services; (b) any agreement entered by you and any affiliated parties; (c) the failure to comply with these Terms by you and any affiliated parties; (d) the failure to all applicable laws by your and any affiliated parties; (e) the negligence, intentional transgression, or any form of fraud committed by you and any affiliated parties; and (f) the defamation, violation of privacy, libel, unfair competition, infringement, or any allegations thereof pertaining to a registered patent, a third party copyright, a trademark, or misuse of a trade secret performed by you and any affiliated parties.v
Compliance
You agree not to violate any laws or third-party rights related to the operation of Olindias. You agree to give full consent to the use of (a) any electronic means to accomplish these Terms and to convey notices pursuant to these Terms; and (b) any electronic records to collect information relevant to these Terms and your use of the provided Services. Notices discussed hereunder will be deemed invalid unless they are made in writing and are given (a) by the Company through the email address you have provided, (b) by posting related information on the Site, or (c) by sending it yourself to Olindias. The date of receipt will be the date when such notice is transmitted.
No amendments, changes, or modifications to these Terms will be binding to the Company unless it is in a written medium signed by a duly authorized representative of the Company. A written medium (referred to as the “Written Medium”) includes facsimiles but excludes electronic communications in the form of email and other electronic notices. The Company’s failure to exercise any claim or right does not constitute a waiver of such claim and will not affect the Company’s right, in any way, to exercise or enforce such rights in a later date, unless the Company itself issues a written waiver signed by a duly authorized representative of the Company.
You are not allowed to assign these Terms, or any of the obligation and rights discussed hereunder, without a consent from Olindias provided in a Written Medium signed by a duly authorized representative of the Company. The Company may freely choose to assign these Terms, or any of the obligation and rights discussed hereunder, without your consent. Any attempted transfer in violation of this section will be considered null and void. Under the abovementioned restrictions, these Terms will be conditioned to the benefit of the permitted and accepted assigns of the parties.
If any of the provision in these Terms is held invalid, illegal, or unenforceable in whole or in part under applicable laws, such portions of these Terms will be rendered ineffective within the jurisdiction where it is deemed illegal, unenforceable, and invalid to the extent of its illegality, unenforceability, and invalidity, and will be modified to the extent necessary for it to obey the applicable laws and give these Terms its full effect to the intent of the parties involved. The illegality, unenforceability, and invalidity of such provisions in a certain jurisdiction will not affect, in any way, the legality, enforceability, and validity of said and any provisions in other jurisdictions.
These Terms and any claim, controversy, or dispute arising out of or in relation to these Terms will be governed in accordance with the laws enforced by the country of Tunisia.
These Terms written in the English language will be the controlling version and will be the version to prevail in cases arising from the inconsistencies with the translated versions, if there are any.
Your Privacy
By using the Services provided by Olindias, you are giving full consent to let us collect personal information and other relevant data as outlined in our Privacy Policy.
For more details on this clause, read the Company’s Privacy Policy statement.
Miscellaneous
If any provision listed in these Terms is found to be invalid or unenforceable, such provision will be limited or removed to the least extent necessary to ensure these Terms retain its maximum enforceable effect. These Terms are not transferable, assignable, or open to sublicensing by you except in cases where Olindias has provided you with written consent signed by a duly authorized representative of the Company. You acknowledge and agree that the Company may transfer and assign any of its obligations and rights defined in these Terms without your consent.
These Terms represent the complete and exclusive statement of the mutual understanding of the involved parties, which in this case is the Company and the Client. These Terms supersedes any written and oral arguments, communications, and other understandings, whether written or oral, previously discussed in relation to these Terms, and that all waivers, changes, and modifications in writing must be signed by authorized representatives of both parties, except when provided herein. No employment, agency, joint venture, or any form of partnership is created as a result of following these Terms and you agree that you do not have any authority of any kind and form to legally bind Olindias in any respect whatsoever.
In any legal action or proceeding to enforce the rights defined in these Terms, the prevailing party will be entitled to recover any incurred cost in the process, including but not limited to, the lawyers’ fees. All notices in these Terms will be provided in writing and will be deemed to have been received when given via personal delivery; when receipt is electronically confirmed if sent via facsimile or e-mail; the day after it is sent, if sent for next day delivery by a recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt is requested. These Terms, and the contract agreed upon by you and the Company formed under the values defined in these Terms, shall be governed by the laws implemented by the country of Tunisia regardless of any conflict which may arise. You agree to reasonably cooperate with the Company to serve as a reference account when requested.
These Terms set forth the entire understanding and agreement of the involved parties and supersedes and cancels any prior agreements, warranties, discussions, representations, and other communications, whether they are verbal or written, between them.
Contacting Us
If you have any questions or concerns you want to raise about these Terms, or to get a quotation for our Services within an hour, you can reach us by
E-mail: hello@old.olindias.com
or Phone: (+216)55 890 755
Last update and effective date of this Terms and Conditions: October 7th, 2021