General Terms and Conditions of Business
Excellence International (August 2nd, 2019)
These General Terms and Conditions are provided in English for your convenience. Please note that in case of a dispute or discrepancy between the Kuwaiti Terms and Conditions and the English translation, the Arabic version shall prevail.
Art. 1 Validity of these General Terms and Conditions of Business
Excellence International (hereinafter referred to as "Service Provider") shall provide services to its contractual partners (hereinafter referred to as "Client") solely on the basis of these General Terms and Conditions of Business (hereinafter referred to as "GTC"). These GTC shall be deemed to have been accepted by the Client upon it making use of the Service Provider's services for the first time. The acceptance of contrary stipulations made by the Client on the basis of its own terms and conditions of business is herewith excluded, even if the Service Provider does not reject them excplicitly.
Deviations from these GTC shall only be valid if these have been explicitly notified in writing to the Client.
The Service Provider only accepts business customers (§14 Kuwait Civil law). Service Provider reserves the right to request confirming evidence.
Art. 2 Scope of services
The Service Provider reserves the right to extend and modify its services, and to make improvements, insofar as no contractual main obligation is affected. He shall specifically be entitled to modify its services if such modifications are made in accord with standard industry practice or technical progress, or if he is obliged to make such modifications as a result of amendments to legal frameworks or relevant jurisdiction. Appropriate consideration will always be given to the interests of the Client.
The alteration of norms, addresses or other technical standards shall have no influence on the corresponding contract.
Where the Client has been provided with fixed IP addresses the Service Provider reserves the right to change the IP address(es) allocated to the Client, should this become necessary for technical or legal reasons. The Client is not entitled to a particular server unless expressly assured in writing. The Client is aware that it may be necessary in the normal course of business to migrate him to another server without prior approval in line with the applicable laws. The Service Provider will inform the Client about such changes according to this clause no. 4.
Subject to an expressly deviating agreement, the Service Provider provides its services with an availability of 99.0% in the monthly mean. Availability is calculated on the basis of the time attributable to the respective calendar month in the contract period minus Maintenance. The Service Provider will carry out maintenance work during off-hours where possible (“Maintenance”). During Maintenance services provided by the Service Provider may be limited or unavailable.
Given the current state of the art, it is not possible to create hardware and software that functions flawlessly for all combinations of applications or that can be protected against any and all forms of manipulation by third parties. The Service Provider gives no guarantee that the hardware and software it provides will meet the requirements of the Client or that it is suitable for certain applications or that the hardware and software will permanently function (e.g. without regular service). The Service Provider ensures that the hardware and software function essentially in accordance with the manufacturer’s specification under customary operating conditions and with customary maintenance, this shall in no case relieve the Service Provider of his main contractual obligations.
Art. 3 Responsibilities and obligations of the client
The Client is required to use the contractual services according to the contract and local laws and regulations. The Client is specifically required to prevent the misuse of access to any contractual services, and to refrain from conducting unlawful activities over the Internet.
The Client shall ensure that the information he provides is correct and complete. He undertakes to immediately inform the Service Provider of any and each change to the contact details he has given, and of any other data that is necessary for fulfilling the contract.
The Client assumes all responsibility for contents published through his account. If the Service Provider discovers that content is being published that is unlawful in the State of Kuwait or other applicable regions (especially including the physical location of the server), the Service Provider is entitled to block this content.
The Client will in particular not use the contractual services in a manner that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in terrorism, violence against people, animals, or