Tktit (“Company”, “We”, “Our”) is a company registered under the laws of the United Arab Emirates, having situated its registered office address at P.O. Box: 515000 Sharjah, UAE. The Company through this website www.tktit.com provide an online platform to telecommunication companies’ for availing agile, genuine, quick and cost-efficient technical support for all technology related issues from network of our industry experts available round the clock.
ACCEPTANCE OF TERMS
By filing and application for registration and registering yourself as an expert on this website you have given your unconditional acceptance to terms of expert engagement laid down below.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
Definitions and Interpretation
Approvals means certificates, licences, consents, permits, approvals and requirements made or authorised by a State, Territory or local government, or by a Legislative Requirement;
Assignment means a task or peace of work allocated to the Expert;
Company means person identified in introduction paragraph above;
Expert means a person registered as an Expert with the Company;
Customer means the clients of the company whose Assignment is given to the Expert.
Deliverables means those Documents and things required under this Contract to be handed over to the Company by the Expert;
Documents Include documents and records in electronic format or otherwise;
Fees means the money payable under this Contract for the performance of the Services as adjusted in accordance with this Contract (excluding disbursements) and includes any amount payable stated in clause 4;
Scope is described in clause 3;
Services means the Services described in or reasonably inferred from the Scope, including the supply of the Deliverables;
Person includes an individual, the estate of an individual, a body politic, a corporation, a statutory or other authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust.
Registration as an Expert
The Expert shall fill the complete application form on the website and attach thereto the proof of education qualification, expertise and experience.
Mere submission of the online application shall not mean enrolment of person as an Expert in the Company.
The Company may ask any further information or documentation as required from the Expert before registering a person as an Expert.
Notwithstanding anything contained in these terms, the Company reserves an absolute right, accept, reject or cancel any registration or registration application without providing any reason. And the decision of the Company shall be final and binding on parties.
Joint and Several
To the extent permitted by law, if either party consists of one or more persons, this Contract binds such persons and their respective executors, administrators, successors and permitted assigns jointly and severally and this Contract must be read and construed accordingly.
The Scope shall be including but not limited to Technical Activities, Telecommunication Repairs, Technical Advice, General Marketing Assistance, Design Activities, Training activities, and Documents Reviews and Preparations.
The Company shall communicate the scope of each Assignment to the Expert and Expert shall be responsible of clarifying the scope to the level that enables him to submit the required deliverables.
The Expert, exercising skill, care and diligence to the standard of care required in laid down by the telecommunication industry, has examined the Scope and agrees that the Services will be suitable, appropriate and adequate for the purpose stated in this clause.
After commencement of work on the Deliverables, the Expert must promptly notify the Company if and to the extent the Expert becomes aware that any Company Information contains an ambiguity, error, omission, discrepancy, insufficiency or inconsistency or is otherwise insufficient to enable the Expert to perform the Services.
The expert works under tktit name and not allowed to have any individual business or business cooperation with tktit customers.
The fees payable by the Company to the Expert shall be based on the exact efforts exhausted by the expert in terms of man hours in addition to the man hour rate entered by the expert and approved by tktit board during registration.
Subject to verification of particulars of invoice, the Company shall pay the invoice within 2-3 days from the date of ticket Closure, in the paypal account communicated by Expert.
In case of any deduction of fees from the invoice amount, the Company shall quote the reason for the same.
The Company may give Directions to the Expert at any time.
A Direction may be communicated by the Company in writing or verbally.
The Company must give the Expert Directions necessary for the performance of the Services in a timely manner.
The Expert must comply with all Directions given under this Contract.
Law and Approvals
The Expert must comply with all Legislative Requirements, including the Amendments in requirement occurred during Assignment period and Approvals in carrying out the Services.
The Expert must obtain the Approvals, if any, stated in the Scope of Assignment.
Review and Acceptance
The Expert must allow the Company and Customer to review and discuss the Documents and Deliverables (whether complete or in progress) produced by the Expert in performing the Services.
The Expert remains responsible for the Services despite any review or acceptance of any of the Services by the Company.
Other Responsibilities of the Expert
The Expert shall communicate with the Company about his unavailability or inactivity period in general.
The Expert must use reasonable endeavours to liaise, cooperate and confer with other Experts of the Company in order to coordinate its Services with the services of those Experts to produce the Deliverables.
Subcontracting and Assignment
The Company may assign its rights under this Contract without notice to the Expert.
The Expert must not subcontract any part of the Services or Assignment without notifying the Company.
The parties agree to hold each other's Proprietary or Confidential Information in strict confidence. "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
Proprietary or Confidential Information shall not include any information which:
is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
was previously known to the receiving party or rightly received by the receiving party from a third party;
is independently developed by the receiving party; or
is subject to disclosure under court order or other lawful process.
The parties agree not to make each other's Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this Contract.
Each party's proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Contract, the non-disclosing party may be entitled to equitable relief.
Notwithstanding termination or expiration of this Contract, Company and Expert acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect perpetually.
The Company or its management however may anywhere disclose, advertise, communicate or market that the Product is developed by them anytime during and after the termination of the contract.
The Expert shall not terminate the contract without finishing the existing Assignment to the satisfaction of the Company. If the Expert fails to do so, the Company reserves the right to forfeit any outstanding fees payable on the account of Expert.
Relationship between the parties
This Agreement does not constitute any company, partnership or joint venture between the parties for any purpose. Neither party to this Agreement shall have any right to incur any liabilities or obligations on behalf of or binding upon the other party except as provided for in that Agreement.
Nothing in this Agreement constitutes a relationship of employer and employee. The Expert must not act in any way other than as an independent Expert of the Company.
The Expert shall not issue any document, including but not limited to quotations, invoice, certificate and shall not provide any credit or discount to any customer or prospective customer of the Company.
The Expert shall not enter into any Agreement or commitment without obtaining prior written consent of the Company.
The Expert shall not enter into any kind of relationship with any customers or prospective customers of the Company or any potential competitor of the Company for providing any kind of services.
This clause shall survive the termination of this Agreement.
Limitation of Liability
In no event shall either party be liable to the other for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this contract, loss of data, or any performance under this contract, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein.
The maximum remedy available to either party is any amount paid by Company hereunder.
The Company makes no warranty of any kind, whether express or implied, with regard to any third party products or services, third party content or any software, equipment, or hardware obtained from third parties.
Expert and Company agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Contract through negotiation.
This Contract shall be governed in accordance with the laws of the United Arab Emirates. All disputes under this Contract shall be resolved by litigation in the Jurisdiction of UAE therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available to it.
Contract Binding On Successors
The provisions of the Contract shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Contract.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Contract.