Terms of Service

Welcome to Gulf Orbit Contracting Company ("Gulf Orbit," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.

If you do not agree with these Terms, you must not access or use our Services. Please read these Terms carefully before engaging our manpower services.

Fees

The fees for our Services will be as set forth in the applicable Service Agreement or Statement of Work. Unless otherwise specified, all fees are quoted in Saudi Riyal (SAR) and do not include applicable taxes, which will be charged separately.

Payment Terms

Payment terms will be specified in the Service Agreement or Statement of Work. Typically, Gulf Orbit will invoice clients on a monthly basis, and payment is due within thirty (30) days from the date of invoice. We accept payment via bank transfer, check, or other methods as specified in the invoice.

Late Payments

If you fail to make any payment when due, Gulf Orbit may:

• Charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less
• Suspend the provision of Services until payment is received in full
• Terminate the Service Agreement if payment remains overdue for more than sixty (60) days
• Recover all costs and expenses (including legal fees) incurred in collecting overdue amounts

Disputes

If you dispute any portion of an invoice, you must notify Gulf Orbit in writing within fifteen (15) days of the invoice date, specifying the disputed amount and the basis for the dispute. You must pay all undisputed portions of the invoice according to the payment terms.

Price Changes

Gulf Orbit reserves the right to change its fees and payment terms from time to time. Any changes will be communicated to you in advance and will apply to future Services or renewals of existing Services.

Unless otherwise specified in the Service Agreement, Gulf Orbit grants you a non-exclusive, non-transferable license to use any materials, documents, or deliverables provided as part of the Services solely for your internal business purposes. You may not:

• Modify, copy, or create derivative works based on Gulf Orbit's intellectual property
• Use Gulf Orbit's intellectual property for any purpose other than as specified in these Terms or the Service Agreement
• Sell, license, sublicense, distribute, or otherwise transfer Gulf Orbit's intellectual property to any third party
• Remove or alter any copyright, trademark, or other proprietary notices from Gulf Orbit's intellectual property

Similarly, you grant Gulf Orbit a non-exclusive, non-transferable license to use your intellectual property solely for the purpose of providing the Services. Gulf Orbit will not use your intellectual property for any other purpose without your prior written consent.

To the maximum extent permitted by applicable law:

Exclusion of Damages

In no event will Gulf Orbit, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

Limitation of Liability

Gulf Orbit's total liability to you for any and all claims arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, will not exceed the amount paid by you to Gulf Orbit for the Services during the twelve (12) month period preceding the event giving rise to the liability, or SAR 50,000, whichever is less.

Exceptions

The limitations of liability set forth above do not apply to liability arising from:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

Basis of the Bargain

The limitations of liability provided in these Terms inure to the benefit of Gulf Orbit, its affiliates, and their respective officers, directors, employees, and agents. You acknowledge that Gulf Orbit has set its prices and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties, and that they form an essential basis of the bargain between the parties.

You agree to defend, indemnify, and hold harmless Gulf Orbit, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your actions caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled as follows:

1. Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiations between authorized representatives of each party.
2. Mediation: If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation under the rules of the Saudi Center for Commercial Arbitration.
3. Arbitration: If the dispute cannot be resolved through mediation within sixty (60) days, the dispute shall be finally settled by arbitration under the rules of the Saudi Center for Commercial Arbitration by one or more arbitrators appointed in accordance with the said rules.

The place of arbitration shall be Dammam, Saudi Arabia. The language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on the parties.

Injunctive Relief

Notwithstanding the foregoing, Gulf Orbit may seek injunctive or other equitable relief to prevent or stop any breach of these Terms in any court of competent jurisdiction.

Term

These Terms will remain in full force and effect while you use the Services or until terminated in accordance with these Terms.

Termination by Gulf Orbit

Gulf Orbit may terminate these Terms and your access to the Services at any time, with or without cause, with or without notice. In particular, Gulf Orbit may terminate these Terms immediately if:

• You breach any provision of these Terms
• You fail to pay any amount due to Gulf Orbit
• You become insolvent, file for bankruptcy, or undergo a similar proceeding
• You engage in fraudulent, illegal, or harmful activities
• Gulf Orbit is required to do so by law or regulatory authority

Termination by You

You may terminate these Terms by ceasing to use the Services and providing written notice to Gulf Orbit. However, termination of specific Services may be subject to the terms of the applicable Service Agreement, which may include notice periods and early termination fees.

Effect of Termination

Upon termination of these Terms:

• Your right to use the Services will immediately cease
• Gulf Orbit will cease providing the Services to you
• You will remain liable for all amounts due up to and including the date of termination
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability