GENERAL SERVICE AGREEMENT
THIS GENERAL SERVICE AGREEMENT (the "Agreement") is between
(the -Client")
(the -Contractor)
1.The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services");
• Integrated system for NHRA requirements (MEDIPRO): and
• Implementing and installing the integrated system.
2.The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
TERM OF AGREEMENT
3.The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect Indefinitely until terminated as provided in this Agreement.
3.1 Software Subscription: Where Affinity Soft Services provides a subscription to use the Affinity Soft Services Software (“Subscription License”), Affinity Soft Services grants the Client a non-exclusive, non-transferable right and license to permit the agreed number of Authorized Users to use the Affinity Soft Services Software until the subscription expires.
3.2 The Client is responsible for the safety, security, and integrity of Customer Data at all times, ensuring proper back-ups and system restoration as per good industry practice.
3.3 On termination of the Agreement, the Client shall immediately return or destroy the Affinity Soft Services Software and all copies.
3.4 Affinity Soft Services Software will be made available to the Client by electronic download with appropriate license keys. No acceptance testing will be performed post-delivery.
RESTRICTIONS ON USE
3.6 The Client shall not:
Use the Affinity Soft Services Software for any purpose other than internal business operations.Provide the Affinity Soft Services Software to third parties or assist third parties in gaining access to it.
Split the usage across multiple server installations.
Attempt to copy, modify, alter, reverse-engineer, or distribute the Affinity Soft Services Software.
Develop or attempt to develop any competing service based on the Affinity Soft Services Software.
Remove or obscure any copyright or proprietary rights notices.
COMPENSATION
7.1 Annual Fee
The Contractor will charge the Client an annual fee of BHD 100 for the Services mentioned, covering implementation, installation, and maintenance of the integrated system as per NHRA requirements.
7.2 Technical Visits
Each on-site technical visit will be charged at a rate of BHD 30 per visit. This covers troubleshooting, system upgrades, and technical support on-site.
7.3 Online Training
The Contractor will provide up to three online training sessions free of charge. Additional sessions will be charged at BHD 20 per session.
7.4 One-time Payment
Once approval for the Authorized Representative is granted by NHRA, the Client must make a one-time payment of BHD 550. A surcharge of 2% per month will be applied to invoices if payment is late.
7.5 Customizations
Any customizations to the software requested by the Client that fall outside the scope of the initial agreement will be charged separately. The rate for such customizations will be determined based on the complexity and scope of the work required and will be provided to the Client for approval prior to commencement.
7.5.1 Minimum Time for Customization
The minimum time required for any customization work is 30 working days, excluding public holidays. This timeline may increase based on the Contractor’s workload and the complexity of the customization. The Contractor will keep the Client informed of any potential delays and adjustments to the timeline.
7.6 Additional Costs
The Client will be responsible for any additional hardware, third-party software, or licenses required to operate the system effectively, if not explicitly covered in this Agreement.
7.7 Validity of Payments
All payments made are valid for 12 months from the service provision date unless otherwise agreed upon in writing.
7.8 Refund Policy
Refunds will only be provided within 28 days of service purchase under valid reasons, with service charges deducted. After 3 months, no refunds will be given.
TERMINATION
4. Either Party may terminate this Agreement with 10 days’ written notice. All invoices must be settled before termination.
5. If either Party breaches a material provision, the non-defaulting Party may terminate the Agreement immediately and seek damages.
6. This Agreement may be terminated at any time by mutual agreement, with all payments and fees duly settled.
CONFIDENTIALITY
9. “Confidential Information” refers to any proprietary data or information related to the Client’s business, including accounting records, business processes, and client records. The release of Confidential Information could cause harm to the Client, and thus both Parties agree to protect such information.
OWNERSHIP OF INTELLECTUAL PROPERTY
10. All intellectual property developed under this Agreement remains the property of the Contractor. The Client is granted a non-exclusive limited-use license of this intellectual property.
11. The Contractor retains title, copyright, and intellectual property rights.
11.1 The software is provided “AS-IS.” Any additional customization is chargeable.
CANCELLATION OF SOFTWARE
11.2 Refund Policy:
According to Bahrain law and AffinitySoft policies, refunds will be issued for genuine cancellations within 28 days of the purchase date. Service charges will be deducted, and after 3 months, no refunds will be issued.
12. It is the Client’s responsibility to consume the service within the validity period. Service access will automatically be blocked upon subscription expiration.
MODIFICATION OF AGREEMENT
14. Any amendments or modifications to this Agreement must be agreed upon in writing and signed by both Parties.
GOVERNING LAW
15. This Agreement will be governed and construed in accordance with the laws of the Kingdom of Bahrain.
SIGNATURES
IN WITNESS WHEREOF, the Parties have duly affixed their signatures under hand and seal on this 13th February 2024.