Terms & Conditions

Preface:

Whereas the first party is working in the field of information technology and is licensed by the Communications and Information Technology Commission no. 202304510 to provide services of...

• Software as a Service (SaaS).
• Platforms as a Service (PaaS).
• Infrastructure as a Service (IaaS).
• Other products as a service (XaaS).

And that the second party desires to benefit from the cloud services provided by the first party of all kinds, and the first party agreed to that, and they both agreed with full legal and legal capacity to draft this agreement to govern the relationship arising between them according to the following clauses:

The preamble above is an integral part of this agreement and one of its clauses

This Service Agreement governs customer's purchase and use, in any manor, of all services, including but not limited to Cloud Services, Virtual Servers, Dedicated Hosting and Services Co-Location, PSTN Co-location, and Website Hosting, as described later, ordered by customer and accepted by Arkan Solutions LLC, and describes the terms and conditions that apply to such purchase and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers.

Any modifications will be effective upon posting of the revisions to our site. Arkan may post changes or modifications to be referenced policies and guidelines without notice to you. Your continued use of the Services following Arkan posting of any changes or modifications will constitute your acceptance of such changes or modifications.

IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY Arkan OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANOR DESCRIBED BELOW.



1. Initial Agreement Terms

This Agreement shall be for an "Initial Term" of twelve (12) months for all services except where specific terms are defined within services agreement – including but not limited to Cloud Services, Virtual Servers, Dedicated Hosting and Services Co-Location, PSTN Co-Location, and Website Hosting. Customer agrees to all terms and conditions of services provided by Arkan beginning upon receipt by fax, e-mail, or express mail.

2. Renewal of Agreement Terms

This agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Arkan with notice of termination either (a) at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.  

3. Account Setup

a. Arkan will setup your account after having received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not hosted on any of the resources you are signing up for and other contact information.

4.Fees and Payment Terms

a. Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment and will be renewed automatically for identical successive periods per sales quotation, sales order or online pricing selected and approved by customer. Any changes to the customer’s service package shall be billed accordingly.

b. Accounts that are forty-five (45) days past due on remittance of payment will result in an automatic suspension of service.

c. Arkan may charge set up fees, recurring service fees, and other one-time fees for optional services and, if requested by you, (collectively "Service Fees").

Unless otherwise specified in any written offer or promotion, the Service Fees published on the Arkan website for the particular Service you ordered are applicable to all transactions between you and Arkan.

Arkan may amend the Services and/or the Service Fees associated with any of the Services at any time and from time to time without notice to you.

d. If Arkan does not receive payment from your Payment Processor (i.e., check, EFT, credit or debit card issuer or other financial institution), you agree to pay Arkan all amounts due upon demand. Arkan may also charge you for an administrative fee for any returned checks or if your Payment Processor declines payment. You agree to pay Arkan's collection costs, including reasonable attorneys' fees, if Arkan is required to take action to collect any amounts that you fail to pay when due pursuant to this Agreement.

e. Arkan may, in its sole and exclusive discretion, immediately suspend or terminate your Services without notice to you if you fail to provide valid Payment Processor information or authorization or fail to pay for any Services when due. Arkan may charge a minimum of Fife Hundreds Saudi Riyals (SAR500.00) or 10% of the regular monthly service fee, whichever is higher to reinstate any Service that has been suspended or terminated.

f. You understand and agree that you are responsible for any and all network bandwidth, compute, hard-drive usage, and any other overage charges you incur for using the Services, even if such overages arise because your account is compromised or "hacked".

g. Arkan reserves the right to limit or not allow payment by credit and debit card.

5. Privacy Policy
a. Arkan is committed to protecting your privacy. You may review Arkan's current Privacy Policy at https://www.arkan.solutions/en/privacy-policy.

6. Backups and Data Loss
a. Your use of the service is at your sole risk. Arkan is not responsible for files and data residing on your account**. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Arkan servers. b. Arkan may automatically generate backups of shared server environments such as hosted sites and email servers, with weekly off-site backups. Dedicated servers are not automatically backed up or protected. If loss of data occurs due to an error of Arkan, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Arkan will attempt to recover the data from the most recent archive for an SAR850.00 fee. c. **Except where customer and Arkan enter into a professional services agreement to provide data backup services or specific data protection services are included in the service for clients with hosted or out of datacentre computers and servers.

7. Service Level

a. Definitions
i. Arkan Infrastructure is defined as Arkan owned and operated infrastructure consisting of solely selected Arkan equipment housed within multiple Arkan managed datacentre spaces and/or contracted third parties managed datacentre spaces.
ii. Arkan Backbone means Arkan owned and operated IP routing infrastructure consisting of solely selected Arkan points of presence at which has installed measurement devices.
iii. Network Outage is defined as an instance in which no traffic can pass in or out of the Selected Infrastructure through which Customer connects to the Arkan Backbone for more than 5 consecutive minutes.
iv. Uptime means the percentage of time across a month which a host is accessible via the Arkan Backbone.

v. Service Outage Time
- For unmanaged service plans, the service outage begins at the time the customer reports to Arkan technical support that service is interrupted until the time of response by Arkan that service has been restored.
- Managed service plans are monitored by Arkan and do not require customer action to report a service interruption. The outage window concludes when monitoring shows the service restore and Arkan confirms service functionality.
vi. Packet Loss means the average percentage of IP packets transmitted between Selected nodes during a calendar month that are not successfully delivered, as measured by Arkan. vi. Latency is defined as the average time required for round-trip packet transfers between Selected interfaces on the selected portions of the Arkan Core Network during a calendar month, as measured by Arkan.

b. Service Uptime
i. Arkan's goal is to maintain 100% uptime of its hosted environments.
ii. Guaranteed hosting environment uptime commitment is 99.9% availability, except where service defines higher or lower uptime commitment.
iii. If uptime and availability is calculated to be less than 99.9% for a particular service; customer may request a credit towards their account per the following credit schedule.

Availability Credit Percentage
98.0% - 99.8% à 10%
95% - 97.9% à25%
94.9% or below à50%

iv. Credits can only be used towards future billing charges. v. Credit is only applicable to the specific service on the overall account that was below 99.8% per the billing period in which the non-conformance occurred.
vi. Credit request can only apply to disputed SLA non-conformance in the last billing cycle. Billing cycles over thirty (30) days old are not contestable.
vii. Credit request must be sent via email to Arkan support, Arkan is allowed up to 30 days to respond to the credit request.

viii. Maximum credit amount is 50% of the service which has fallen below the set SLA. ix. Credit decision is based solely on Arkan's discretion.

c. Packet Loss
i. Arkan will maintain an average monthly Packet loss level of 0.1% or better from hosted network interfaces to network interfaces of Arkan’s edge network routers at any single Arkan location.
ii. Arkan uses reasonable efforts to determine source of excess Packet Loss and remedy to correct the problem.

d. Latency
i. Arkan shall carry packets with an average Latency over a one month period of less than 20 milliseconds within a single Arkan service location.
ii. Arkan shall carry packets with an average Latency over a one month period of less than 75 milliseconds within an Arkan Backbone network.

e. Exceptions
i. Scheduled and emergency maintenance windows to network and services infrastructure.
ii. Circumstances beyond Arkan’s reasonable control including without limitation; acts of any government body, war, sabotages, armed conflict, embargo, fire, flood, strike, interruption and delay of transportation of telecommunications.
iii. Inability to access Arkan’s network, unless such failure is caused by Arkan.
iv. False SLA breaches reported as a result of outages or errors of any Arkan measurement and monitoring systems.
v. Email or webmail access, delivery and transmission.
vi. Customer access that uses security accounts such as FTP, POP, IMAP and SMTP.
vii. Customer acts or omissions – custom scripting or programming within website or hosted application, any negligence, power-cycling of devices, willful misconduct, breach of Acceptable Use Policy along with terms and conditions.
viii. DNS issues outside the control of Arkan.
ix. DNS propagation of domain names.

x. Browser or DNS caching that make access to your account appear inaccessible when others can still access it.
xi. Outages elsewhere on the Internet that hinder access to your account.

8. Support
a. All hosted products and services provided by Arkan are supported directly by Arkan or by a third party on Arkan behalf. Customers are to reports issues and outages of supplied products and services directly to Arkan and not to Arkan suppliers or licensing companies.

9. Acceptable Use Policy ("AUP")
a. Customer represents that it has read arkan.solutions’s acceptable use policy ("AUP") and its privacy policy ("Privacy Policy"), currently posted at https://www.arkan.solutions/en/acceptable-use-policy and https://www.arkan.solutions/en/privacy-policy , respectively. The AUP and Privacy Policy are hereby incorporated into this Agreement, and both parties will adhere to each. b. Without limiting the generality of the provisions of Subsection 9(a) above, Customer will not allow the Service or Arkan equipment to be used for activities prohibited by the AUP. Third party violations of the AUP using Customer’s Service, including any IP addresses, points of access to the Internet, systems, software, or equipment assigned to or belonging to Customer, will be considered violations by Customer.

10. Zero Tolerance Spam Policy
a. We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

b. Arkan reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Arkan also reserves the right to make any such modifications in an emergency at our sole discretion.

c. Arkan reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is left entirely to the discretion of Arkan. All rights reserved.

11. Content

a. You will not in any way use html, ASP, VB, .NET, java or perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of Arkan is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. Arkan does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. Arkan reserves the right to terminate any account, for any reason, without prior notice or warning.

12. IP Addresses
Internet Protocol Numbers ("IP numbers") provided or assigned by Arkan in connection with the Services at all times remain the property of Arkan and are not portable, and the Customer shall have no rights with respect thereto. Assignment of IP Numbers are subject to ICANN and ARIN guidelines and are not guaranteed, and Arkan may modify such assignments at any time in its sole discretion. Customer shall provide an accurate host count and IP address justification at the time of contract signing and such count shall be subject to verification by Arkan. Arkan may "swap-out" any IP address assigned to your Service with another IP address at any time. Arkan may revoke any Additional IP assigned to you for more than ninety (90) days if, at that time, you not are using at least 80% of your assigned IP addresses.

13a. Telephony & VoIP service restrictions


Prohibited uses include, but are not limited to: Behaviour that is illegal, obscene, threatening, harassing, defamatory, libellous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy.

Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes. Harvesting or otherwise collecting information about others, including email addresses, without their consent.

Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.

Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.

Violating any Saudi or foreign law regarding the transmission of technical data or software exported through the Services.

Utilizing the Services in excess of what, in Arkan sole discretion, would be expected of normal business use, including without limitation allowing more than one company to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single company.

Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.

Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.

Using the Applications or Services to store PHI on a non-temporary basis.

You further understand and agree that: You shall be solely liable for any transmissions sent and data stored through the Services under Your Account, including the content of any transmission sent and data stored through the Services under Your Account. You will abide by all applicable Arkan policies, procedures, and agreements related to the Services.

You shall not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.

Your use of the Services is subject to all applicable local, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
In addition, some of Arkan plans and other Services are offered on an “unlimited” basis. All unlimited plans: May only be used for normal business use. Are issued on a “one (1) company per line basis”, meaning that only one registered company may be assigned to use the Services for any one line.

Unlimited plans also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services):
Spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail/voice message or faxes simultaneously).
Auto-dialling or “predictive” dialling (i.e., non-manual dialling or using a software program or other means to continuously dial or place out-bound calls).
In addition, unusually high usage of the Services may impair Arkan ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case Arkan may suspend or terminate Your Account or, upon prior notice, convert Your Account to a metered calling plan that charges significantly higher usage rates.

Arkan reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.

13b. Illegal activities
a. Illegal activities, to include unauthorized distribution or copying copyrighted software, violation of Saudi restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. Arkan reserves the right to report all such activities.
b. You are restricted from removing, modifying or obscuring any copyright, trademark or other proprietary rights notices that are contained in or on the Licensed Products.
c. You are prohibited from reverse engineering, decompiling, or disassembling the Licensed Products, except to the extent that such activity is expressly permitted by applicable law.

14. Cancellation and Refunds
a. Arkan reserves the right to cancel the account at any time.
b. Customers may cancel at any time.
c. There are no refunds or money back guarantee including setup fees that may have been charged.
d. After the initial thirty days of service, each customer is committed to the remaining time on the service term they purchased and no refunds will be given. Arkan does not require that you finish each term and you are free to close your account at anytime. However, Arkan will not pro-rate any return for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued any refund, whether in full or pro-rated. By using Arkan services, you understand and agree to this billing term. You also understand that while no refund will be issued, you are always free to keep your account open for the full amount of time you have paid for.

15. Price Change
a. The amount you pay for our services will not increase from the date of purchase until the end of the service agreement, unless upgrades in service are requested. Arkan reserves the right to change prices listed on Arkan.solutions, and the right to increase the amount of resources given to plans at any time.
b. Renewal of service agreements are subject to potential price increases due to software licensing increases, data centre power or data centre space cost increases. Customer will be made aware of increases before time of renewal and required to approve price escalations or terminate service agreement.

16. Software Licensing
Any software licenses obtained on Customer's behalf (such as licenses from Microsoft, Zoom, 3CX, etc.) are subject to price increases to match any increases made by the software manufacturer.

17. Taxes
a. Arkan shall not be liable for any taxes or other fees to be paid in accordance with or related to purchase made from the customer or Arkan servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.

18. Warranties and Disclaimer
a. Customer expressly acknowledges and agrees that all use of the services is at customer's sole risk. Arkan will not be responsible for any damages your business may suffer. Arkan makes no warranties of any kind, expressed, or implied for services provided. Arkan disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Arkan and its employees.
b. For those services for which Arkan offers a system of credits or rebates for services interruptions, regardless of cause, such credits or rebates shall be Customer's sole remedy, therefore.
c. For direct, proven damages arising out of its performance or failure to perform hereunder, Arkan's liability shall be limited to an amount equivalent to the charges actually paid by Customer during the period, which such damages occur.
d. Notwithstanding the foregoing, neither Arkan nor its affiliates, officers, directors, employees or agents shall be liable to Customer or to any third party for any direct, consequential, incidental, exemplary, or punitive losses or damages, including, without limitation, lost profits or data, regardless of the cause thereof, even if Arkan is advised of the possibility of such loss.

19. Indemnification
a. Customer agrees that it shall defend, indemnify, save and hold Arkan harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Arkan, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Arkan against liabilities arising out of…
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Arkan.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement and
(4) any defective products sold to customers using Arkan services.
b. You agree that Arkan's maximum liability to you under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort or other legal theory) shall be limited to the lesser of (a) the total amount of service fees actually paid by you to Arkan for the three month period immediately preceding the date on which the damage or loss occurred or the cause of action arose, (b) proven direct damages, and (c) five thousand Saudi Riyal (SAR5,000.00).
c. The terms of this Indemnification Section shall survive any termination of this Agreement.

20. Force Majeure
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of  God, earthquake, flood, embargo, riot, sabotage, labour shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inaction´s of Arkan), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Arkan is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Customer may cancel the Service(s), but there shall be no liability on the part of Arkan.

21. Assignment
The Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Arkan, and any attempted assignment or delegation without such consent will be void. Arkan may assign this Agreement in whole or part. Arkan also may delegate the performance of certain Services to third parties, including Affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

22. Severability
In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.

23. Relationship of Parties
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Arkan and the Customer. Neither Arkan nor the Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

24. Notices
It is your responsibility to provide accurate and complete account and contact information, including a valid e-mail address, to Arkan during the Sign-up Process. It is also your responsibility to inform Arkan promptly of any changes to your account or contact information. Arkan has no responsibility for communications that are misdirected as a result of your failure to provide Arkan with updated contact information or as a result of the suspension or termination of your Services.

Arkan may provide notice to you required by this Agreement via e-mail at the address provided by you. You agree that notice to you at this address is deemed sufficient regardless of your receipt of such email. You must provide all notices to Arkan required by email to Arkan Solutions, info@arkan.solutions or as changed by Arkan via its on-line amendment of this Agreement.

25. Governing Law & Choice of Venue
This agreement and rights of the Parties hereunder shall be governed by and interpreted in accordance with the laws of Saudi Arabia, excluding its laws relating to conflict laws.

26. Changes to the policies and Terms of Service
a. Arkan reserves the right to revise its policies at any time without notice.

I have read the terms and conditions stated in this agreement and I authorize Arkan to provide us with the Services Agreed upon by the related Hosting Proposal or Sales Order Form.