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Revision No. 1-03 dated June 19, 2023

This Public Agreement is a public offer of SHOROUK MOUNTAIN MUSCAT TRADING SPC, hereinafter referred to as the Contractor, offers to individuals, individual entrepreneurs or legal entities, hereinafter referred to as the Customer, and together referred to as the "Parties" to conclude this Agreement-offer (hereinafter - the Agreement) to provide the Customer with paid services in the order and on conditions provided by this Agreement. In case of acceptance of the below conditions and payment for the services - a legal entity, a private entrepreneur or an individual who accepts this offer, becomes a Customer (in accordance with Art. 438 of the Civil Code - acceptance of offer is equal to the contract conclusion under the conditions stated in the offer).
In view of the above, please read this public offer carefully. This Agreement is freely available at https://shorouk.om/. The Customer confirms his consent to the terms and conditions set forth in this Agreement, by ticking the box "I have read the Terms and Conditions of the Agreement and I agree to the terms and conditions" when making online payment. Rendering of services by the Contractor as well as payment by the Customer to the Contractor (done on the basis of the invoice issued by the Contractor to the Customer by any means available to the latter), confirms the fact of acceptance, that is the Customer's consent to this Offer on the following conditions:

1. DEFINITIONS AND TERMS

For the purposes of this offer, the following terms are used in the following meanings:
Offer - this offer agreement for the provision of rental services, published on the Internet at: https://shorouk.om/
Acceptance of the Offer - full and unconditional acceptance of the Offer by taking the actions specified in clause 4. of the Offer. The acceptance of the Offer creates the Agreement.
Agreement - an agreement between the Customer and the Contractor for the provision of services for the development, installation or maintenance of software.
Customer - a legal entity, an individual entrepreneur or an individual who has accepted the Offer and is a consumer of services under the concluded Agreement.
The executor is an individual entrepreneur.
Parties - jointly referred to as the Contractor and the Customer.
Site - an Internet site hosted on the Internet at https://shorouk.om/
Tariffs - prices for services published on the website at: https://shorouk.om/
Application - the actions of the Customer to issue a request for services provided by the Contractor, posted on the Site https://shorouk.om/.
Services - a list of titles of work on the development, installation or maintenance of software, presented on the official website of the Contractor or through other official communication channels of the Contractor posted on the website at https://shorouk.om/.
Order (application) - individual items from the assortment list of Services specified by the Contractor when placing an order on the website or through other communication channels, or through the Contractor's Operator.
Payment by QR code - payment using a monochrome two-dimensional bar code containing encrypted payment information using the service of the Quick Payment System (hereinafter referred to as FPS), which allows individuals to pay for goods and services remotely.
Payment by link - payment by using the payment card details or by QR-code of the Order, the number and data of which are indicated on the payment page. The link to the payment page is provided to the Customer by the Executor on the Executor's website https://shorouk.om/ or through other communication channels.

2. GENERAL PROVISIONS

2.1 The subject of this Offer is the provision of software development, installation or maintenance services (hereinafter referred to as "services") to the Customer.
2.2 The services provided pursuant to this Offer include the services listed on the Website at: https://shorouk.om/.
2.3 The list and/or terms of services may be supplemented and/or amended by the Contractor at its own discretion by entering the relevant changes on the page of the Website specified in clause 2.1 of this Agreement, at least one day prior to their entry into force.

3. SUBJECT OF THE CONTRACT-OFFER

3.1 During the term of this Agreement, the Contractor undertakes to provide the Customer with paid services for the development, installation or maintenance of the software as well as other services not contrary to the laws.
3.2 The list of services and their requirements may be supplemented and/or amended by the Contractor at its own discretion by entering the relevant changes on the page of the Website specified in clause 3.1 of this Agreement, at least one day prior to their entry into force.
3.3 The Customer undertakes to accept and pay for the services in accordance with the terms and conditions of this offer agreement. The document confirming the conclusion of the contract is an e-mail sent by the Customer to the Contractor's e-mail address agreeing to order the services specified in the "Prototype" document prepared by the Contractor.

4. TERMS AND CONDITIONS OF THE PROVISION OF SERVICES

4.1 The Customer, having familiarised himself with the cost and conditions of the service, shall send an Application to the Contractor by any means indicated on the website. Upon receipt of the Application by the Executor, the latter shall confirm the availability of the Application within one working day. Thus the Customer bears full responsibility for the data given in Application. Hereby the Customer realizes and accepts responsibility which can be caused by changing conditions of the Application (rejection of the Application, changing time limits, Customer's identity), and as a consequence - the Executor's refusal of its obligations under the present Agreement. The Customer may change the Application only after agreement with the Contractor, only in writing, using e-mail ceo@shorouk.om. In this case Provider shall not be held liable if a third party uses the personal email of a Customer to make the above changes. When ordering services, the client undertakes to provide the following registration information about himself:
● surname, name;● e-mail address;● contact number.
The acceptance of the terms and conditions of this Agreement by the Customer shall be effected by sending an electronic application with the relevant data to the Contractor or by making a payment through a link. The Contractor shall not change or edit the registration information of the Customer without the Customer's consent. The Executor undertakes not to disclose the Customer's data to persons not related to the execution of the Order. After the Order has been issued, the Customer receives a unique order number (Order).
4.2 Upon acceptance of the work from the contractor, the client shall pay for the services rendered by the contractor in accordance with section 6 of this contract.
4.3 Once the Customer has made the payment and the funds have been transferred to the Contractor's account, the conditions of the offer are deemed to have been fulfilled by the Customer. 
4.4 The deadlines for the provision of services by the Contractor to the Customer are defined in clause 5.2.1 of this Agreement.
4.5 This contract shall have the force of a Statement of Services. The absence of a claim for a refund shall mean that the services have been rendered on time and in proper quality. Acceptance shall be made without signing a certificate.
4.6 When paying by reference upon the result of the Order, the Customer will be provided with a payment reference with a limited validity period in one of the following ways: - on the Contractor's website - to an email address - by telephone number - through other communication channels agreed upon when the Order was placed.
4.7 All information materials presented on the websitehttps://shorouk.om/ are for reference only. All information about the services can be clarified by phone to the Contractor: +968 95145092 or by e-mail to ceo@shorouk.om.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1 The Contractor shall have the right:
5.1.1 Unconditionally modify (supplement) the terms of this Agreement-offer and its annexes. The terms and conditions of this Agreement shall not be subject to change from the date the Customer sends the Application.
5.1.2 change the tariffs and terms of service at their own discretion. In doing so, the Parties shall be guided by the fact that the new rates do not apply to the services already ordered, according to the application, by the Customer.
5.1.3 Demand that the Customer timely and fully pay for the services provided by the Contractor under this Agreement.
5.1.4 to unilaterally engage any natural or legal person for the provision of services in order to fulfil the obligations under the Agreement.
5.1.5 to temporarily suspend the provision of services to the Customer under the Agreement for technical, technological or other reasons preventing the provision of services, while such reasons are eliminated.
5.1.6. Refuse to provide services to the Customer, terminate the Agreement if the Contractor has sufficient reason to believe that the Customer is in breach of the warranties and/or any other obligations under the Agreement and/or other third party rights or the laws.
5.2 Duties of the Contractor:
5.2.1 Provide the paid services to the Customer according to the Application sent by the Customer to the Contractor. The terms of performance of the services under this Agreement shall depend on the contents of the Application.
5.2.2 In accordance with law, the Contractor shall use all the Customer's personal data provided by the Customer in the course of the Order execution solely to provide the relevant services, to identify the Customer and to conclude the Agreement. The Contractor shall under no circumstances use the Customer's personal data for the unauthorised distribution of materials that are not related to the services provided by the Contractor and shall not transfer this data to 3 persons not related to the execution of the Order.
5.2.3. In case of the Customer's refusal from the Agreement, provided by the Offer, to return to the Customer on his written request the sum of money paid by the Customer under this Agreement only in case of non-performance or poor performance by the Contractor of its obligations to the Customer.
5.2.4. The Customer shall not be entitled to a partial refund if the services have not been fully or partially provided on the Customer's own initiative for reasons beyond the Contractor's control.
5.2.5 Refunds shall be made without any penalty within 14 calendar days of the Contractor's receipt of written notice from the Customer and termination of the Agreement. The funds in case of correct cancellation/cancellation procedure shall be returned to the card in case of payment by the card from which the payment was made. When paying by QR code, the refund is made to the Customer's account in the bank participating in the SBP service, linked to the phone number on which the payment for the Order was made. No refunds will be made by any other means.
5.3 The Customer shall have the right:
5.3.1 Demand that the Contractor fulfils its obligations under the Agreement on time and with due quality.
5.3.2 The Customer has the right to refuse the services of the Contractor on the terms and conditions stipulated in this Agreement.
5.4 Duties of the Purchaser:
5.4.1 Pay for the services of the Contractor within the terms and according to the procedure provided for in this Agreement.
5.4.2. to provide the Contractor with his personal data for the performance of services under this Agreement.
5.5 The Customer shall not be entitled to assign or otherwise transfer its rights under this Agreement to third parties without the Contractor's prior written consent. When paying by bank card, it must belong to the Customer in order to avoid misunderstandings. Otherwise the Contractor reserves the right to cancel the Application.

6. COST OF SERVICES AND PROCEDURE OF PAYMENT

6.1. The price of the services rendered by the Contractor shall be determined by the prices posted on the Internet at https://shorouk.om/ or sent to the Customer individually through the agreed channels of communication.

6.2 The price of the services rendered by the Contractor can be changed unilaterally by the Contractor at any time. The new price shall take effect at the moment of publication on the Internet at: https://shorouk.om/, unless a different date of entry into force of the new price has been set additionally at the time of its publication. The new price shall not apply to services previously ordered by the Customer under the Agreement.

6.3 The Customer shall pay in rubles, according to the invoice issued by the Executor not later than 3 (three) working days from the moment of its reception in amount of 100 % (hundred percents) of cost of rendered services by any available to it methods. The choice and use of payment for services rendered by the Contractor is made by the Customer at his discretion and without any responsibility of the Contractor. Security, confidentiality as well as other conditions for the use of the payment methods chosen by the Customer are outside the scope of the Agreement and shall be governed by agreements between the Customer and the relevant organisations.

6.4 Payment under this Agreement shall be deemed to have been made by the Customer at the moment the money is credited to the Contractor's account. The Customer shall notify the Contractor of the payment in writing via e-mail at ceo@shorouk.om.

6.5 The Customer shall bear all bank charges for the services of the Contractor himself, unless otherwise specifically provided for in the payment method, and shall be responsible for the correctness of payments made by him and the completion of the necessary payment documents.

6.6 Payment using bank card details on the Internet website  https://shorouk.om/ is made in an electronic payment system that has been certified in the payment systems Visa Inc., MasterCard Worldwide and Other for transactions with 3-D Secure and Other Accept authentication. The submitted data is fully protected within the framework of the Payment Card Industry Data Security Standard and no one, including the Contractor, can retrieve it.

6.8 The service shall be deemed paid for from the moment the card or QR code transaction is successfully completed. The fact of payment for the service shall be confirmed by the Contractor by sending a Confirmation to the Customer's e-mail address (telephone number) indicated by the Customer, or through other means of communication when paying by link.

7. RESPONSIBILITIES OF THE PARTIES

7.1 If the Customer, for reasons beyond the control of the Contractor, has not received the service, also on the respective date of the service, and has not notified the Contractor of his wish to refuse the service within the period specified in clause 5.2.1. of this Agreement, the services shall be considered duly rendered and the money paid to the Contractor shall not be refunded.

7.2 The Parties shall be liable for the non-performance or improper performance of obligations under this Agreement as set out in the Agreement and/or the applicable laws.

7.3 The Contractor shall not be liable for the improper provision of the service if the improper performance was due to inaccurate, insufficient or untimely information provided by the Customer, as well as due to other breaches of this Agreement by the Customer.

7.4 The Contractor shall not be held liable for the inconsistency of the service provided with the expectations of the Client and/or his/her subjective assessment. Such a failure to meet expectations and/or a negative subjective assessment shall not constitute grounds to consider the services provided to be not of good quality, or not to the agreed extent.

7.5 The Contractor shall not be liable to the Customer for consequential damages (loss of profit).

7.6. The Customer shall be fully responsible for compliance with all legal requirements, including but not limited to legislation on advertising, protection of copyright and related rights, protection of trademarks and service marks, including full responsibility for the content, inaccuracy, insufficiency and/or untimeliness of the information provided by the Customer necessary to perform this Agreement.

7.7. The Parties shall be released from liability for partial or full default of obligations under this Agreement if such default is a result of force majeure circumstances which occurred after conclusion of the Agreement, or if the default of the Parties under the Agreement is a result of extraordinary events which the Parties could neither foresee nor prevent by reasonable measures. Force majeure events are events over which the Parties cannot influence and for the occurrence of which they are not responsible, including: war, rebellion, strike, earthquake, flooding, other natural disasters, fire, power supply failures that occurred through no fault of the Parties, actions and acts of authorities adopted after the conclusion of the Contract and which make it impossible to perform the obligations set in the Contract, and other unforeseen circumstances and events and phenomena beyond the control of the Parties, but not limited to the following In the event of force majeure, the Parties shall have no mutual claims and each Party shall assume its own risk of the consequences of such circumstances.

8. TERM OF THE CONTRACT

8.1 This Agreement shall enter into force from the time of its conclusion by the Parties in accordance with clause 4.3.and shall remain in force until the Parties and/or the Contractor have fully performed their obligations under this Agreement, (with the exception of cases of early termination).

8.2 Before the expiry date, this Agreement may be terminated at any time by agreement between the Parties executed in writing by the Parties, including via telecommunication channels. Termination of the Agreement for any reason shall not relieve the Parties from liability for violations of the terms and conditions of the Agreement which occurred during the term of its validity.

9. DISPUTES RESOLUTION

9.1 All disputes and disagreements arising in connection with the performance of this Agreement shall be settled by the Parties by negotiation. 9.2. If the Parties fail to reach an agreement, all disputes shall be settled in court in accordance with the laws.

10. OTHER TERMS

10.1 Any notices, agreements and other addenda to this Agreement shall be signed personally by the Parties and sent to each other by e-mail specified in this Agreement. The Parties agree that e-mail archives (printouts of e-mails), as well as appropriate copies of payment documents and other documents allowing to reliably establish information originating from the Parties hereunder, shall be accepted as proper evidence of the conclusion and performance of the Agreement).

10.2 All annexes, amendments and supplements to this Agreement shall form an integral and inseparable part thereof.

11. PROCESSING OF PERSONAL DATA

11.1 By placing an order on the website https://shorouk.om/ or through other communication channels, the Customer confirms its consent to the processing of the following personal data by the Contractor: Name, contact telephone number, e-mail address, address of residence.

11.2 The Contractor shall process personal data for the purpose of providing information on services, loyalty promotions, for marketing, other commercial purposes and in order to comply with law.

11.3. the Customer consents to any actions in relation to its personal data that are necessary to achieve the above purposes, including collection, systematisation, accumulation, storage (electronically and on paper), clarification (updating, modification), transfer, depersonalisation, blocking, destruction, transfer of personal data, as well as any other actions with my personal data, subject to applicable law

11.4 Consent to the processing of personal data is granted for a period of 5 years.

11.5 The Contractor shall process and ensure the confidentiality of personal data in accordance with the requirements of the applicable laws.

11.6 The Customer is notified that it may withdraw this consent by giving a corresponding written notice to the Contractor at ceo@shorouk.om at least one (1) month prior to withdrawal of consent.

12. CONTRACTOR'S DETAILS

COMPANY NAME: SHOROUK MOUNTAIN MUSCAT TRADING SPC, 
P.O. BOX: 0, Postal Code: 111, Muscat, Sultanate Of OmanPhone: +968 95145092
Email: ceo@shorouk.om



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