TERM AND CONDITIONS FOR SAMSUNG INDEPENDENT RETAILERS FOR SALE OF SC+ PLANS
- DEFINITIONS AND INTERPRETATION
For the purpose of this T&Cs, the following words and phrases shall have the following meanings:
- “Device” refers to a smartphone device manufactured, distributed, marketed or sold by Samsung;
- “Eligible Customer” means any person/party/entity who/which is determined by Servify as eligible to buy Samsung SC+ Plan and is registered directly or indirectly in Servify’s mobile application or any other computer system. The Eligible Customers are those who buy SC+ Plan from Retail Partner and that the Device is not damaged and is in perfect working conditions before buying the SC+ Plan, and subsequently completes the registration formalities as defined by Servify as per the terms and conditions of the SC+ Plan, failing which the purchase of SC+ Plan shall become null and void;
- “Retail Partner” means independent retailer;
- “Servify Platform” refers to a proprietary technology platform of Servify including but not limited to Mobile Application(s), web portals and API Kits developed by Servify and any other technology tools developed by Servify from time to time; and used by its customers, platform licensees, service providers / partners, authorized resellers and distributors under this T&Cs;
- “Samsung Care Plus Plan or SC+ Plan” means the value-added service plan provided by Samsung to the Eligible Customer’s Device. The SC+ Plan provides damage protection/extended warranty coverage for a period as per the terms of the SC+ Plan from the Device’s purchase date.
- “Territory” means the United Arab Emirates.
These T&Cs shall be valid for a period of one (1) year from the date of acceptance and thereafter shall extend automatically for successive 1 (one) year term and shall remain in effect unless terminated.
The obligations and responsibilities and commercial of the parties are described in Annexure I.
- Servify shall collect the SC+ Plan price directly from the Eligible Customer. Servify shall pay the Retailer Partner margin as per the agreed terms.
- Retail Partner’s margin for the Services shall exclude all the applicable government duties and taxes and such taxes would be billed to Servify.
- Any changes to the commercial terms shall be based on mutually agreed terms and conditions and shall be notified in writing.
- INTELLECTUAL PROPERTY RIGHTS
Each Party will retain its right, title and interest in its respective trademarks, service mark and trade names as well as rights in respect of any patent, copyright, trade secret or other intellectual property used during the performance of this T&Cs.
- TERMINATION OF T&Cs
This T&Cs may be terminated under the following circumstances:
- if either party fails to fulfil its obligations under these T&Cs for a period exceeding 30 (Thirty) days
- Immediately by either Party if the other Party takes steps for the voluntary winding up or enters into any arrangement with its creditors or if an official liquidator is appointed in respect of all or any part of the business or assets of the other Party or other steps are taken for the winding up of the other Party.
“Confidential Information” means any information disclosed by either Party to the other Party consisting of past, present, and future business, financial, technical and commercial information, including but not limited to business concepts, prices and pricing methods, marketing and customer information, financial forecasts and projections, technical data, schematics, analyses, ideas, methods, trade secrets, processes, know-how, computer programs. Any oral or visual disclosure of Confidential Information by either Party to the other Party shall be summarized in writing and transmitted to the other Party within ten (10) days of the date of disclosure.
Each Party shall hold Confidential Information received from the other Party in confidence and shall not disclose, publish, or disseminate the other Party’s Confidential Information to any third-party. Each Party shall use not less than the same degree of care to prevent disclosure of the other Party’s Confidential Information as it employs with respect to its own confidential information of like importance, and shall disclose the other Party’s Confidential Information only to its employees, consultants, and contractors under the direct supervision of its employees, with a need to know and who have agreed in writing to protect and preserve the confidentiality of such disclosure on terms no less restrictive than those herein.
- FORCE MAJEURE:
Other than the outstanding and accrued payment obligation, neither Party will be in default if its performance is delayed or becomes impossible or impractical by reason of any cause beyond such Party’s reasonable control.
- INDEMNITY AND LIMITATION OF LIABILITY:
The parties to this T&Cs shall indemnify and hold each other harmless from and against all direct damages arising out of any actions of the other Party that is in breach of its obligations, warranties, representations under this T&Cs or are otherwise in violation of the existing laws. In no event will either Party be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by either Party or any third party, whether in an action in contract or tort, even if the other Party or any other person has been advised of the possibility of such damages.
- INDEPENDENT CONTRACTORS:
The parties are independent contractors, and nothing shall empower either party to act for, bind otherwise assume any obligation on behalf of the other.
- GOVERNING LAW:
This T&Cs shall be governed by and construed in accordance with the laws of United Arab Emirates, for the time being in force. The Courts in Dubai shall have exclusive jurisdiction.
ANNEXURE I – SC+ PLANS
- Servify’s responsibilities and obligations:
- Servify shall enable, through the Servify Platform, distribution and sale of SC+ Plans for the Device owned by Eligible Customers as per the terms and conditions applicable to the respective SC+ Plans.
- This includes services such as on-boarding of Retail Partner and Eligible Customers on Servify’s Platform, verification of eligibility, activation of the SC+ Plans and associated customer services (collectively “Services”)
- Providing access of Servify’s portal to Retail Partner.
- Providing support related to any relevant queries from Retail Partner and Eligible Customers regarding the SC+ Plans and the terms of SC+ Plans.
- Servify shall provide and manage the required sales training to Retail Partner.
- Retail Partner’s responsibilities and obligations:
- Retail Partner shall declare all the SC+ Plans sales made to Servify (“Sales Data”) on a daily basis using the authorized tools and means of reporting mandated by Samsung (“Samsung Platform”), for which Services are being rendered by Servify, in a format mutually agreed by Parties (containing details of sales such as, IMEI/Serial Number of the Device, Retail Partner location where billed, date of billing, Device name, and such other information).
- Retail Partner shall also provide the SC+ Plan data to Servify for delivering its Services in the agreed manner via Servify Platform or via a pre-defined process on a defined schedule.
- Retail Partner shall use the Servify Platform to onboard the Eligible Customers, in a timely manner, as per the process defined by Servify from time to time.
- The Retail Partner shall remain liable to comply with all other related statutory compliances in relation to his operations for performance of his obligations under this T&Cs.
- The Retail Partner shall be solely responsible for all the costs and expenses incurred/payable by the Retail Partner in connection with performance of its obligations under this T&Cs.
- The Retail Partner shall provide to Servify all the necessary documents and information required for the purpose of onboarding and enabling SC+ Plan sales by the Retail Partner. These include but not limited to incorporation and charter documents, VAT registration, license/permits issued by local regulatory/statutory authorities.
- The Retail Partner shall provide the required bank details to enable Servify to make the agreed fee payments based on the tax compliant invoices raised by the Retail Partner towards the fees.