Article (1): Documents of the Terms & Conditions:

All documents mentioned in this Article are considered an integral part of Terms & Conditions of Service and complementary thereto.

• Platform Terms & Conditions.
• Service Request Document.
• Privacy Policy.
• Ozone Fees Agreement.

Article (2): Scope of the Service:

Both Beneficiary and Service Provider shall perform the Service mentioned in the Service request submitted through the Platform in accordance with Terms & Conditions of Service and the applicable professional standards within the agreed upon time limit. in addition to any change orders, supplementary services or modifications requested by the Beneficiary through the Platform.

Article (3) Obligations of the Beneficiary:

Without prejudice to any other obligations of in Terms & Conditions of Service, the Beneficiary shall:

• Deposit the Service fee into Ozone’s bank account specified for that purpose in accordance with Article (9) below (Terms of Payment, Cancellation and Refund).
• Provide any information or documents required to carry out the Service.
• Attend any meetings or work sessions to be scheduled through the Platform in relation with completing the Service.
• Confirm receipt of the Service and Provide feedback whether by Objecting to its deliverables or/ approving it and confirming its completion according to the agreed upon manner within Fifteen (15) minutes of submission of the Service.

Article (4) Obligations of the Service Provider:

Without prejudice to any other obligations stipulated in this Terms & Conditions of Service, the Service Provider shall:

• Provide the required services to the Beneficiary as per the details, terms and specifications set forth in the Service Request and its appendices. and to exert all his efforts to provide the highest quality possible in providing the Service, The Service Provider further undertakes that such service shall be carried out through qualified and specialized personnel.
• Coordinate with the contact person appointed by the Beneficiary in all matters related to providing the Service.
• The Service Provider and his employees shall be subject to the laws and regulations applied in the KSA, such as the taxation law issued by the Royal Decree No. (M/1) dated 15/01/1425 H and any other laws.
• Carry out the Service with the highest professional standards. Service Provider shall not delegate or novate the Service to third parties without a prior written consent from both Ozone and The Beneficiary.
• Attend any meetings or work sessions to be scheduled through the Platform in relation with providing the Service.

Article (5) Stages of Development and Approval of Content:

• Initial Development and Approval of Service content:
• Service Provider shall submit all elements of all content, texts, materials, videos, photographs, captions to be posted and/or works of a similar nature produced, developed, or created by Service Provider, in whole or in apart to provide the Service (collectively, the “Content”) through the Platform for the Beneficiary’s prior written approval prior to posting, which may be granted or withheld in either of Beneficiary’s sole discretion.
• Service Provider must submit All Content to the Platform in accordance with the applicable schedule set forth in the Service Request.
• If, following each submission of Content though the Platform for approval by the Beneficiary or the Beneficiary requests or requires any edits to the submitted Content, the Service Provider shall make all edits as requested by the Beneficiary. Following Service Provider’s implementation of such edits, Service Provider shall resubmit the such Content for review and approval by the Beneficiary.
• If Service Provider makes any post without having received notice from Ozone of the Beneficiary’s approval, such unauthorized post shall be deemed a material breach of Service Provider’s obligations under Terms & Conditions of Service and the Beneficiary shall have the right to:
• terminate the Service immediately upon notice to Service Provider with no compensation for termination, and/or
• require Service Provider to post a makegood that has been approved by the Beneficiary, without additional compensation to Service Provider؛ and/or
• ) reduce the compensation payable to Service Provider by the amount that was payable in connection with the Content that posted with no authorization.

Article (6) Authorization to Use Beneficiary’s Trademarks and Content.

• The Beneficiary, hereby grants to Service Provider, a non-exclusive, non-transferable, revocable, limited authorization to use and display Beneficiary’s name, logo and trademarks, and any other content provided to Service Provider by Ozone or the applicable Beneficiary in connection with providing the Service, in the form and manner specifically described in the Service request, or otherwise approved for use as part of the Content in accordance providing the Service (collectively, the “Beneficiary Content”), solely as necessary to perform its obligations hereunder and only during the Term of Providing the Service hereof. For the avoidance of doubt, Service Provider may only use the Beneficiary Works in the form and format provided or approved by Beneficiary.
• . Service Provider acknowledges the Beneficiary’s exclusive right, and title in and to the Beneficiary Content and that any use of the Beneficiary Content by Service Provider does not create any ownership, license or other right or interest in or to the Beneficiary Works by Service Provider, and that all use of the Beneficiary Content by Service Provider shall inure to the benefit of the Beneficiary. Service Provider agrees that it shall not, challenge, or assist in any challenge to, the validity or exclusivity of the Beneficiary’s ownership of the applicable Beneficiary Content.

Article (7): Service Fees:

• The Total Value of the Fees that the Service Provider is entitled to obtain in exchange for providing the Service is the amount of mentioned in the Service Request Document.
• Service Fees shall include all expenses and costs incurred by the Beneficiary for the providing the Service.
• It is agreed that the Service Fees shall remain constant throughout its duration and the Service Provider may not claim to increase the Service Fees, whatever the circumstances and reasons.
• The Service Fees listed in Service Request Document are inclusive of all tax’s expenses petty cash, Ozone fees and third-party fees, including travel and translation costs.

Article (8): Method of Payment:

The Beneficiary shall deposit the Service fees in advance into the bank account specified for Payment of the fees of the services provided through the Platform,

• Al Rajhi Bank account no : Sa 0780000565608010446687
• Riyad Bank account no : Sa 6220000006160889429940
• Albilad Bank account no : Sa 4515000566132858950008

Article (9): Terms of Payment, Cancellation and Refund:

Terms of Payment:

• The Beneficiary shall pay the Service fees in advance through the determined Service bank account mentioned in Article 8 above. any payments done through any other mean shall not be considered to have been made. Ozone shall pay the Service Provider after deducting all amounts, fees or prescribed rates within twenty-one (21) days form the date on which the Beneficiary confirms that it obtained the Service which was accomplished as agreed. or within twenty-one (21) days from date of expiration of the Fifteen (15) minutes period mentioned in Article no. 3 without feedback from the Beneficiary whether approving the Service or rejecting it.
• Both the Beneficiary and the Service Provider acknowledge that in the event that the Beneficiary objects in writing through the Platform within Fifteen (15) minutes of submission of the Service, whether such objection was related to non-completion of the Service or not satisfying the applicable professional standards, in that case, Ozone shall have the right freeze the value of the Service until an agreement is reached between both the Service Provider and the Beneficiary, or when a final court ruling is issued in this regard.
• If the Beneficiary fails to object to/ confirm obtaining the service as stipulated in paragraph above within Fifteen (15) minutes from the time of submission the Service, the provided service shall be deemed approved by the Beneficiary and the Service fees becomes payable.

Terms of Cancellation and Refund:

• The Beneficiary shall have the right to request cancelation of the Service only before paying the Service fees, under no circumstances the Beneficiary will be granted a refund of the paid fees or any part thereof after depositing or transferring such fees to Ozone’s bank account.
• The Beneficiary shall verify that the cancellation request was submitted to the Platform and appeared therein, in case of non-ability to submit the cancellation request through the Platform, such request must be sent by an email to mkt@ozone.social
• In case the Service Provider requested the cancellation of the Service through the Platform, the Beneficiary shall be entitled for a full refund to the Beneficiary’s bank account.
• Ozone shall have the right to cancel the Service or suspend it in case of non-compliance of either Service Provider or the Beneficiary of the Platform Terms & Conditions.
• The Beneficiary may not request suspension of the Service for a period exceeding thirty (30) days, otherwise the Service shall be deemed cancelled upon the Beneficiary request as per paragraph above

Article (10): Duration of implementation the Service:

• The Service Provider undertakes to execute and complete the specified in the Service Request within a period stipulated in the Service Request.
• If the Service Provider delays executing the Service, he shall be subject to a Delay Penalties as stipulated in Article no. (11) below.

Article (11): Delay Penalties:

• Unless delay is caused by the Beneficiary, Delay Penalties will be imposed on the Service Provider if the Service Provider is responsible for delays of any of his obligations in the agreed deadlines, the Beneficiary shall have the right to impose a delay penalty equal (2%) of the value of that work order for every week. In all cases the total value of the imposed delay penalties shall not exceed (20%) of the fees payable to the Service Provider.
• Without prejudice to the above-mentioned paragraph provisions, if the Service Provider failed to implement any of his obligations and duties, the missing unexecuted items will be deducted whatever its value in relation to the fees payable to the Service Provider and even if the percentage of deduction exceeds the (20%) of such fees.

Article (12): Withdrawal of Service:

• The Beneficiary shall have the right to terminate and Cancel the Service Request in any of the following cases:
• If the Service Provider did not complete the works on the agreed completion date despite imposing the penalty-delays mentioned in Article no (11) to the extent that such penalties reached 20% of the Service fees payable to the Service Provider with the works still not completed by the Service Provider.
• without prejudice to paragraph,9.1.2 above, If the Service Provider, before submission of the Service, breaches any of the Terms & Conditions of Service or fails to fulfil any of his obligations and fails to correct the effects thereof within (15) days from receiving the written notice thereof by the Beneficiary.
• . In case of cancellation and termination of the Service according to the any of the two cases mentioned above, the Beneficiary shall be entitled for a full refund to the Beneficiary’s bank account. If the service provider objects, in that case, Ozone shall have the right freeze the value of the Service until an agreement is reached between both the Service Provider and the Beneficiary, or when a final court ruling is issued in this regard.

Article (13) Exemption from fines or failure:

If the delay or default referred to, caused by force majeure or for some reason due to the Beneficiary or was beyond the control of the Service Provider, the Service Provider shall be exempted from fines, provided that the Service Provider shall do his best and pay his outmost attention to prevent the occurrence of such violation.

Article (14) warranties:

The Beneficiary and Service Provider shall guarantee that all elements of Content subject of the Service or materials shall not violate any rights or any other intellectual property rights for a third party. Both Service Provider and Beneficiary shall guarantee that they have the full authority and power to implement the obligations under the Service, as they guarantee that they are not committed with any other agreements that may affect negatively on the Service or to prevent its implementation. The Service Provider guarantees that the total quality and the implemented Service levels is at the highest possible quality and professionally.

Article (15): Intellectual Property Rights:

• The Service Provider and the Beneficiary shall indemnify and hold harmless Ozone against all actions, claims, demands, proceedings, damages, costs, charges and expenses arising from or incurred as a result of any infringement or alleged infringement of any property rights including copyright, patent rights, design rights and trademarks in relation with the implementation of the Service.
• The Service Provider and the Beneficiary shall encounter the cases, procedures and claims etc. as they shall protect and indemnify Ozone against all its consequences, damages, costs, expenses and fees incurred whereof, regardless of their amounts.
• . Copyrights of the Service deliverables: The Service Provider agrees and acknowledges that the Beneficiary shall be the Author and the owner of both Moral and Financial rights of all Work or Original Works contained in all Service deliverables according to the Copyright Law whether such works expressed in any form, mean or way of expression. Service Provider hereby waives to the Beneficiary all Moral and Financial rights related to such Service deliverables in all the world and waives all copyrights and publishing rights of such deliverables. The Service Provider shall, whether during or after the term of the Service, do all necessary action to enable the Beneficiary to reserve his rights, should the Beneficiary requests, including but not limited to executing all official documents requested by the Beneficiary, executing all copyrights and publishing registration documents. This clause shall be valid even after the termination or expiration of the Service.

Article (16): Confidentiality:

The Service Provider undertakes to keep confidential all data & and information, in whatever form, type or nature provided, obtained by any direct or indirect method way from the Beneficiary. Such Confidential Information shall be treated as follows:

• To limit their use for its intended purpose and not for any other purposes whatever the reasons and justifications may be, except for whatever necessitated for the Services execution after obtaining a written approval from the Beneficiary.
• To deal with confidential information in strict confidentiality without disclosing the same to a third party.
• No copies shall be made, except for whatever necessary for its authorized use.
• return and destroy all documents to the Beneficiary when they are no longer needed. In the case of electronic copies, delete them or make them inaccessible. The Service Provider shall not keep any copies of the confidential information or documents. To return all documents to the employer when they are no longer needed.

Article (17): Non-Assignment, Novation and Sub-contracting:

In all events, Both Beneficiary and the Service Provider shall not be allowed to assign or novate the Service in whole or in part. The Beneficiary shall have no right to subcontract for the implementation of work subject of the Service the Service in whole or in part unless he obtains a prior written consent.

Article (18): Applicable Language:

This Terms & Conditions of Service is drafted in both Arabic and English Languages. In case of contradiction, the Arabic version shall prevail.

Article (19): Force Majeure:

• Neither Beneficiary and Service Provider shall be liable for any loss, damage, delay or failure of performance resulting from any force majeure, that is, any cause beyond its reasonable control and which was unforeseen at the time of the accepting this Terms and Conditions of Service of this Terms & Conditions of Service or which is unavoidable to the aggrieved party, including but not limited to wars, invasion, military operations, civil disturbance, earth quakes and volcanoes.
• A party claiming the existence of force majeure shall notify the other party within fifteen (15) days of the force majeure occurrence and shall submit evidence of its existence
• If occurcane of a force majeure leaded to delays the implementation of the Service for a period not exceeding three (3) months, the implementation period shall be extended up to a length of the same time resulting from the incident, after taking the necessary actions required with the Beneficiary in accordance with the applicable laws. If the force majeure remains for a period of more than three (3) months, both Beneficiary and the Service Provider shall have the right to mutually take the appropriate measures.

Article (20): Severability of Terms & Conditions of Service:

If any paragraph, subparagraph, section, subsection, sentence or clause of this Terms & Conditions of Service shall be adjudged illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the Terms & Conditions of Service as a whole or of any paragraph, subparagraph, section, subsection, sentence or clause hereof not so adjudged. Both Beneficiary and Service Provider will endeavour to replace the invalid or null and void provisions by those, which correspond best to their intentions.

Article (21): Notices & correspondence:

Both Beneficiary and Service Provider shall deliver notices, work, change and cancellation orders, communications and documents pertaining to the Service through the Platform only.

Article (22): Entire Agreement:

This Terms and Conditions of Service along with all its documents shall constitutes the entire understanding of Both Beneficiary and Service Provider relating to the subject matter of implementing the Service and supersedes, neutralizes and replaces all prior agreements between Both Beneficiary and Service Provider which relate to the same subject matter whether written, oral, implied or which would be inferred from the correspondence, oral statements or conduct of the Both Beneficiary and Service Provider and all such agreements shall be deemed to have been terminated from the date of Agreeing to Terms and Conditions of Service.

Article (23) Safety and Security:

Both Beneficiary and Service Provider and their staff undertake to abide by the regulations, instructions, policies and decisions pertaining to the safety and security in addition to taking precautions that required by the nature of the implementation of the Service.

Article (24) liability:

The Service Provider shall be held liable for all damages and/or losses the he incurred on the Beneficiary.

Article (25) General Provisions:

• Any waiver by either Beneficiary or Service Provider of any provision or condition of this Terms and Conditions of Service shall not be construed or deemed to be a waiver of any other provision or condition of herein, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.
• Both the Beneficiary and the Service Provider, shall commit to a policy of not soliciting, or encouraging the employment of any of the employees of the other party unless explicitly approved by the other party in writing.
• This Terms and Conditions of Service is subject to the laws and regulations applicable in the Kingdom of Saudi Arabia and shall be construed and implemented, along with settlement of any disputes arising thereof, accordingly. Any dispute arising out of the implementation or the interpretation of this Terms & Conditions of Service, which is not resolved amicably within (30) days between the Beneficiary and the Service Provider, shall be referred to the court of competent jurisdiction in Riyadh for passing final settlement judgment accordingly.
• In the event that the user wishes to delete the account, he is completely free to do so, with all his information deleted from the platform, after closing all his operations on the platform.

Article (26) Independent Service Provider:

• The Service Provider shall provide Service an independent Service Provider, and neither Service Provider nor Service Provider’s Personnel or agents are, nor shall they be considered as an Employees or Personnel of Ozone or the Beneficiary.
• Without prejudice to the Beneficiary’s right to supervise and monitor the manner in which the Service are rendered by Personnel shall be within the Service Provider’s control and discretion. The Beneficiary shall not be responsible for acts of the Service Provider or the acts of the Service Provider’s Personnel or agents, whether on Beneficiary’s premises or elsewhere, and neither party the Service Provider’s Personnel and their agents will not have authority to make statement on the Beneficiary’s behalf, represent, or obligate the other party in any way without express prior written Ozone explicitly mentioning the content of such statement or the matter subject of representation .

Article (27) Ozone Liability:

Both the Beneficiary and the Service Provider have agreed that this Terms and Conditions of Service shall constitute an independent contract between Beneficiary and the Service Provider which is binding upon both of them only. in no circumstances or event will Ozone be liable for any of the following types of loss or damage arising under or in relation to the Service or otherwise including:

• Content created by Service Provider and/ or Beneficiary in connection with the Service which shall be the sole responsibility of Service Provider/ Beneficiary, Ozone and its affiliates, successors, assigns, employees, agents, directors, and officers assume no responsibility or liability which may arise from the Content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity, fraud, or misrepresentation.
• direct or consequential loss or damage (including loss of profits, goodwill, business, contracts, revenue or anticipated savings even if Ozone were advised of the possibility of such damages;
• loss or corruption of data
• loss or damage incurred by either the Beneficiary and the Service Provider as a result of any acts or omissions by either of the Beneficiary and the Service Provider or any third parties, any act or omission of any governmental Ozone, act of war, accident, natural disaster, strike, blockade, or other similar event.

Article (28) Representatives:

Both the Beneficiary and the Service Provider agreed to assign the representatives whose names mentioned in the Service Request (hereinafter as “Representative”), their roles shall include the following:

• Holding periodical meetings, if required, to overcome any issues that impede the implementation of the Service. To this end, both the Beneficiary and the Service Provider have the right to engage other representatives from their side, based on the nature of issue, to discuss and reach an agreement.
• Follow up the implementation of the Service and evaluate the progress.
• In addition to what is mentioned in precedence, any amendments, supplements, extension for the duration, or increasing the Service value, or etc, of what both representative or both the Beneficiary and the Service Provider of may agree shall not be effective unless it’s approved through the Platform.

Article (29) Zakat, Tax and Fees:

The Service Provider agree, warrant and undertake that he assumes all responsibility for paying due Taxes and/ or Zakat to the concerned authority on its amounts and due time.

Acknowledgment of Acceptance and abiding by the Terms & Conditions of Service

By Clicking Submit, I acknowledge that I have read, and do hereby accept and undertake to abide by the Terms & Conditions of Service in addition to the following Policies:

• Platform Terms & Conditions.
• Privacy Policy
• Ozone Fees Agreement