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Terms & Conditions
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1. Limitation of Liability
Services Provider shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, misuse of, or the inability to use, these Services. This limitation applies whether the alleged liability is based on Agreement, tort, negligence, strict liability, or any other basis, even if Services Provider has been advised of possibility of such damage.
2. Representations and Warranties
2.1. Subscriber shall not make any representations as to the Services. Subscriber shall be totally responsible for any of its representations as to services that are not authorized by Services Provider and shall hold Services Provider harmless from any claims and expenses resulting from such unauthorized representations.
2.2. Services available through this Agreement are provided without warranties of any kind whether expressed or implied, including but not limited to, warranties of speed connection of the DSL. In this regard, Services Provider does not warrant more than the extent determined in the Exhibits considering that the actual data transmission may be lower than optimum due to Internet congestion, server or router speeds, protocol overheads, and other factors that cannot be controlled by Services Provider.
2.3. To induce Service Provider to enter into this Agreement, Subscriber hereby represents and warrants to Service Provider that: it has full power and authority to enter into this Agreement and perform its obligations hereunder; that it has determined, after due and proper consideration, that it is in the best interest of Subscriber to enter into this Agreement.
2.4. To induce Subscriber to enter into this Agreement, Service Provider hereby represents and warrants to Subscriber that it has full power and authority to enter into this Agreement and perform its obligations hereunder
2.5. Client acknowledges that Link is not responsible for using the international bandwidth in a different way other than stated in this agreement, including but not limited to, using the line for voice traffic, political activates or any illegal activity
3. Indemnification
Subscriber shall indemnify and hold Service Provider harmless from and against any and all claims, losses, expenses and costs that may be incurred by Subscribers as a result of using, misusing or making any misrepresentation about the Services. The indemnity herein contained shall be in addition to and not in lieu of any other remedies and rights to which Service Provider may be entitled by law or Agreement. In the other side, Service Provider shall indemnify from all claims, losses, expenses and costs that may occur as result of mistake in installing the equipments.
4. Assignment
Services Provider may assign or delegate its rights and/or obligations or any part thereof under this Agreement to any or all of its owned subsidiaries, affiliates or third Parties. Otherwise neither Party may assign or delegate its rights and/or obligations under this Agreement without the prior written consent of the other Party.
5. Term, Termination and Effect of Termination.
5.1. Either Party may terminate this Agreement immediately upon notice if the other Party has breached any provision of this Agreement and has not cured the breach, or taken substantial steps towards curing the breach, during the 30 days period following receipt of written notice of the breach.
5.2. This Agreement shall terminate automatically and without notice upon a change in any of the Party's ownership or if Party to this Agreement becomes insolvent or bankrupt or subject to any insolvency or bankruptcy proceedings or reorganization.
5.3. Upon termination of this Agreement, Subscriber shall pay to Service Provider all outstanding amounts due to Service Provider accruing on or before the date of expiration or termination and Service Provider shall pay to Subscriber all outstanding amounts due to Subscriber accruing on or before the date of expiration or termination.
6. Modification & Waiver
6.1. This Agreement shall not be amended, modified or supplemented in any manner except by an instrument in writing signed by a duly authorized representative of each of the Parties.
6.2. The failure of one Party at any time to require from the other Party to perform his obligations under any of the provisions hereof shall in no way affect the right of such Party to require such performance at any time thereafter. Nor shall the waiver by one Party to breach committed by the other Party constitute a waiver of any right or any other provisions thereof.
7. Force Majeure
Neither Party shall be liable for delay or default on any of its obligations mentioned in this Agreement if such delay or default is resulted from Force Majeure or unforeseen reasons or circumstances beyond control or expectations of either of them.
8. Notices and correspondences
8.1. Only written correspondences between Services Provider and the Subscriber are accepted. All notifications sent by any of the Parties to the other to the address registered in this Agreement shall be deemed effective as long as it is sent by registered mail or by any other mean proving such receipt.
8.2. It is allowed to use the fax, e-mail or any other modern means of communication in correspondences should the receiving Party receives the correspondence within two days by a mean proving such receipt.
8.3. Each Party undertakes to notify the other for any change in the address registered in this Agreement.
9. Dispute
9.1. Any dispute arising out of or in connection with this Agreement shall be settled without recourse to the courts. In the event of an existing dispute between the two Parties, arising out of this Agreement, the matter shall be immediately referred to the representative of the two Parties, to meet in order to settle this dispute within _7_ days from the date it was referred to them. If they reached a solution satisfying both of them, such solution shall be approved immediately.
9.2. Should they fail to reach a solution, the Parties shall proceed with arbitral procedures within __14__ days as of the date of the objection, according to the Giza Courts.
9.2.1. Applicable law shall be the Laws of the Arab Republic of Egypt. The arbitration shall be held in Cairo. The arbitration language shall be the English language and the arbitral tribunal may accept documents in any other language if the circumstances so require.
9.2.2. The two Parties shall bear the arbitration fees to be shared evenly.
9.2.3. The arbitration award shall be final and binding against both Parties. Each of the two Parties shall perform their undisputed obligations until the dispute is finally settled, as stipulated under the above-mentioned Articles.
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