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User Agreement

User Agreement (Ajman Free Zone eProcurement Portal)

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Suppliers’ Stipulations to use

Purchases Portal of Ajman Free zone

1- Preamble

1-1 This document describes the stipulations to be followed by the user (supplier) who is dealing with Ajman Free Zone through the e-purchase portal of Ajman Free Zone (the buyer) and who is authorized to access and use of e- purchase system (system) at the invitation of Ajman Free Zone to participate in the purchase process.

1-2 The user (the supplier) hereby pledges that he had carefully reviewed this document and agreed to follow all instructions and stipulations. He undertakes to achieve optimal use according to the service system and bears full responsibility for any errors occurring due to misuse, whether by him or any of his subordinates. He releases the AFZ liability from any losses that may rise due to misuse of the process / system. He also releases the AFZ liability from any damages, directly or indirectly, or other special, consequential or economic damages because of this use.

1-3 Purchase process may include a Pre-Qualification Questionnaire (PQQ) or a Request For Information (RFI) or a Request for Quotation (RFQ) or an Invitation to Negotiate (ITN), or an Invitation to Participate in Dialogue (ITPD) or an Invitation to Submit Final Offer (ITSFO) or an Invitation to Submit Final Tender (ITSFT) or Best and Final Offer (BAFO) or a Request for Proposal (RFP) or a Request for Quotation (RFQ) or E-Auction or E- Contract. This above list of individual purchases is a reference and description not comprehensive of commonly used terms. The buyer’s institution may have its own terms applied in each case.

1-4 This system was provided by Tejari Solutions FZ LLC to be used by Ajman Free Zone. These stipulations apply to the supplier and its employees proposed to use the system. The supplier acknowledges the access of his employees to the system using the ID and password of the supplier that was provided to him as per his agreement to be bound by this document.

1-5 The supplier shall only use the system to respond to an invitation to participate in a purchase process in accordance with the requirements of this system and any other rules that have been clarified or included in the system or by the AFZ.

2- Access

2-1 Ajman Free Zone allows to supplier, free of charge, to access to the system by supplier’s users for the purpose of responding to any invitation to participate in the purchase process.

2-2 Ajman Free Zone may immediately reject the access to the system by the supplier and / or one or more of his users by providing written notice to the supplier in the event of any of the following events:

2-2-1 If the supplier commits any material breach of any of its obligations under this document; and

2.2.2 If the supplier fails to rectify, or is still committing any breach of any of its obligations set forth in these stipulations after it has been notified in writing to rectify or stop this breach within ten (10) business days.

3.2 Without prejudice to any other rights of the AFZ, the AFZ shall have the right to suspend access to the system without prior notice due to any technical or legal reasons.

3. Registration

3.1 In order to grant access to the system, the supplier shall register any person he wants to be his user by providing the required registration data as well as user identification and password.

3.2 User ID and password are specifically belong to the supplier’s user and non-transferable. The supplier shall ensure that all users will not disclose user ID or password to third parties. In the event that the supplier or any of its users aware that the user and / or password have been disclosed or discovered by any third party, he should immediately notify the Free zone Purchases Department.

3.3 The supplier shall, just in case, specify a user name to manage access to the system on behalf of other supplier’s users provided that the supplier shall notify the Free zone Purchases Department with his name and the means of communication.

3-4 The supplier shall immediately notify the Free Zone Purchasing Department if any user left the work with him, or is no longer required to access to the system. The AFZ maintains shall have the right to turn off the "user ID" and "Password" for any user if there was no access for a period of sixty (60) days.

4-Invitation to Participate

4-1 The AFZ shall, through the system, send an invitation to participate in a specific purchase process to prospective suppliers who were registered and activated on the system. Also, the data and information relating to the specific purchase process shall be available to all the invitees’ suppliers.

4-2 The AFZ must configure the system which goes along with every purchase process. The configuration settings specified for purchase process should be displayed on the system to be reviewed by the invitees’ suppliers. The supplier should be bound by these configuration settings.

4.3 All materials displayed through the system and related to these purchases shall remain the property of the Free Zone and must be used only for the purposes of these purchases.

5- Supplier Obligations

5-1 The supplier should circulate these stipulations, the subject of this document, to all his subordinates in order to ensure the proper use for the system.

5.2 The supplier should exert his reasonable efforts and skills to perform his obligations in accordance with these stipulations.

5.3 The supplier should provide its users with the equipment and software necessary to access and use the system.

5-4 The supplier should provide a platform to ensure the security of the system should exert his efforts to protect the system from viruses when accessed and used by supplier users.

5-5 The supplier should use of the system for legitimate purposes only. He should, in all cases, comply with all the relevant rules and regulations applicable at the AFZ.

5-6 In particular, the supplier agrees that he will not:

5-6-1deal with any information provided on the system in a way that will lead to inaccurate and misleading display for the information displayed;

5.6.2 Offer, communicate or publish any information on or via the system which are or may be harmful or obscene or defamatory or otherwise illegal;

5.6.3 Use the system in a way which causes or may cause a violation of the rights of any party / other parties.

5.6.4 Use any routine software or device to interfere or attempt to interfere electronically or manually in the operation of the system, including, download or make files that contain viruses or corrupt data available through any means.

5-7 The supplier agrees that the supplier users will work as authorized agents for or on behalf of the supplier to respond to any invitation to participate in the purchase process on the system.

5-8 The supplier shall be responsible for any unauthorized or erroneous or misleading response to an invitation to participate in the purchases process that are sent using the ID and password of any supplier users.

5-9 The supplier undertakes and ensures the following:

5-9-1 all information he provides is accurate, complete and accurately represents the supplier’s potentials.

5-9-2 that he has the right, through actual ownership or otherwise, to provide the product or service that is the subject of any response to any invitation to participate in the purchases process;

5-9-3 that he has the ability to sell the products / services / works according to prices offered in any response for any invitation to participate in the purchases in accordance with related standards identified by the Free Zone in the relevant invitation to participate in the purchase process.

6- General Provisions for Replies

6-1 It is expected the supplier to scan all files attachments that are posted in the system which refer to what information must be provided. The suppliers must provide all elements of the information required in the purchase process. Incomplete information, including the provision of information within the file attachments containing viruses that are identified by the system, gives the right to AFZ to cancel or refuse to respond to the purchase process.

6-2 All responses to any invitation to participate in the purchase process through the system should be submitted before the deadline and time as defined in the system.

6-3 Responses may be submitted through the system at any time until the closing date as defined in the system.

6-4 The suppliers may submit a single response or more before the closing date. It is well known that the last response submitted before the closing date is the response directed by the Free Zone in the evaluation and decision process.

6-5 The supplier agrees to keep all responses valid for (90) days with effect from the closing date if no other period specified in the terms and conditions of the purchase.

6.6 In case of any discrepancies, the last response (according to the provisions of paragraph 6.4) submitted through the system shall prevail over the contents of any file attachments and other documents that are made available by the supplier during the purchase.

6-7 The AFZ shall open the replies in accordance with opening procedures specified in the system for each purchase.

7- Specific Provisions for Auctions

7-1 In case of any auction, the supplier acknowledges and accepts that the responses received in the early stages of the purchase process may represent, based on the AFZ decision and after notice to the suppliers, the initial tender by each supplier in the auction.

7-2 The AFZ is entitled to put the opening price and the reserve price for any auction.

7-3 The configuration settings for the auction should specify, as defined by the buyer, the closing date for each auction. The selected configuration settings for auction shall be displayed on the system for the purpose of informing suppliers before the auction.

7.4 All tenders concluded during auction are irrevocable except to the extent set forth in this Article. The supplier may cancel bids only if he notified the Free Zone immediately after entering into the tender and after that only in the event of cancellation the acceptance of the tender by the Free Zone. If the buyer does not agree to cancel the tender in such a case, the tender will become bound by the rules of participation.

7-5 The AFZ is not obliged to accept the lowest tender or any tender submitted during the auction. If the AFZ decided to accept any tender according to the evaluation standatrds published, the AFZ should notify the supplier that his tender is accepted. This notification shall be in writing and shall constitute unconditional acceptance by the Free Zone on the supplier’s offer in accordance with the terms and conditions of the AFZ contract as specified in the purchase process.

8- Amendments to the Purchase Process

8-1 The supplier acknowledges the following:

8.1.1 The AFZ reserves the right to:

8-1-1-1 suspend, re-open or cancel the purchase process or extend the closing date; and / or

8-1-1-2 change or modify the details of the purchase process at any time prior to the closing date to receive a response to publish the notice through the system without incurring any liability, whatsoever; and

8.1.2 In the event of suspension or reopening subsequent to purchase process, the purchase process will continue on the basis of last response replied by the supplier through the system.

9- Decision Notice

9-1 The AFZ should give a written notice of award of contract or otherwise to the supplier after the closing date and after evaluating the suppliers’ response on purchase process. The written notice of the granting of the contract should be in accordance with paragraph 17 of this document. No any other notice of contract award or otherwise sent through the system in any way shall represent any obligation towards the supplier on the part of the AFZ.

10- Intellectual Property Rights

10-1 All intellectual property rights in the system are owned by, or under license of Ajman Free Zone.

10-2 The supplier and his users do not have any intellectual property rights in the system. They may not copy, quote, modify or intervene in the system.

10.3 The system can include the Free Zone logo. The supplier acknowledges that he may not copy or use or hide the logo which appears on the AFZ system without obtaining prior approval from the AFZ.

11- Data Protection

11-1 When using and accessing to the system, the supplier must comply with the laws and regulations applicable by the Ajman Free Zone. The supplier agrees to release the liability of Tejari Solutions FZ LLC or AFZ from any kind of publicity or publication of the news or comments related to secrets of supplier or private or family life of any user. The use of the system by the supplier indicates to the agreement of its users that allows Tejari Solutions FZ LLC or the Free Zone to disclose any information that may be considered confidential by the supplier or its employees to anyone at any time.

11.2 Tejari Solutions FZ LLC, on behalf of the Free Zone, shall collect, conclude and use the personal information obtained from supplier users pursuant to paragraph 3.1. The supplier agrees that the collection, conclusion and use of information should be in accordance with the purposes of this document and his obligations under the systems and legislations applicable in the Ajman Free Zone.

12- Liability Limits

12-1 The AFZ is only liable to the supplier for any loss directly or indirectly or damages incurred by the supplier resulting from the use of the system due to:

12.1.1 Cases that affect the availability and / or performance of the system other than a force majeure event due to which the AFZ cannot avoid the interruption of service.

12.1.2 System malfunctions for a period of time exceeding 30 working days.

12.2 The supplier acknowledges and accepts the following:

12.2.1 The AFZ reserves the right to stop and / or suspend the system availability and / or revoke access at any time under notice to the supplier without incurring any liability;

12.2.2 The AFZ provides the system 'as is' and 'as available' without warranty of any kind;

12.2.3 The AFZ shall not assume any responsibility for any information or links on the system which may guide users to external sources beyond the reasonable control of the AFZ.

12-3 The supplier should compensate the AFZ in full against all claims, demands, procedures (including the fees of professionals and legal advisers, etc.) submitted by any third party arising out of or in connection with violation by the supplier to its obligations under the stipulations mentioned in this document.

13- Confidentiality

13-1 The supplier shall:

13-1-1 Deal with all the information permitted to him by the AFZ as confidential and shall keep them accordingly.

13.1.2 Not disclose any confidential information to any third party without prior written consent of the AFZ.

03/01/13 Not use any confidential information except for the purposes of using the system.

13-2 The supplier should take all necessary precautions to ensure the security and confidentiality of the information if:

13-2-1 it has been given to those employees or consultants or subcontractors or professional adviser or agent involved in advising him in the process of completing the purchase to the extent necessary.

13-2-2 it has been treated as confidential and not been disclosed (without written prior consent) or used by any employee or consultant or subcontractor or a professional adviser or agent other than for the purposes of completing the purchase.

13-3 Whenever deemed necessary by the AFZ, the supplier must ensure that any employee or consultant or subcontractor or a professional adviser or agent will sign a confidentiality pledge before the start of work in the process of using the system on behalf of the supplier.

13.4 The provisions of this Article 13 shall not apply to any of the information:

13-4-1 that has been known or become known to the public (other than a breach of confidentiality obligations under this document).

13-4-2 that has been possessed by the concerned party without restrictions with respect to its disclosure before receiving the same from the disclosing party.

13-4-3 that has been received from a third party obtained legally who is not binding to restrict the disclosure thereof; or

13-4-4 that has been independently developed without access to confidential information.

13.5 Nothing in this document shall prevent the AFZ to:

13.5.1 disclose any confidential information concerning the supplier which is required to be disclosed by order of any court or other judicial body, or required to be disclosed in accordance with any law or statute or declaration or by law or directives, decisions, regulations, rules, regulations, notices, court rule, mandates or parliamentary legislation; or

13-5-2 Disclose any information for the purpose of:

13-5-3 Disclose any information obtained from the supplier:

13.6 In the case of the supplier's failure to comply with this Section 13, the AFZ may terminate the usage of the system by a written notice with immediate effect.

13-7 The obligation mentioned in Article 13 shall remain valid after the expiry of using the system for a period of 5 years.

14- Third Parties Rights

14. The supplier acknowledges that the usage of the electronic system by him for purchases in the AFZ does not create to any enforceable rights by any person other than the supplier and Free Zone with the exception of the rights set forth in item 11.2, which may be applied by Tejari Solution FZE LLC.

15- Amendments to Use Requirements

15.1 In accordance with Articles 15.2 and 15.3, the supplier acknowledges that the Free Zone reserves the right to change or modify the use requirements under this document through the publication of a notice or message in the system or through e-mail or a letter to the supplier using the e-mail address or postal address referred to in paragraphs 1.1.17 and 1.3.17 respectively.

15.2 The amendment is considered that they have been accepted by the supplier unless the technical support receives, within 15 days from the date of the notice provided for in item 15.1, a written letter from the supplier expressing his rejection of the amendments. In any case, the continuation of the supplier in the use of the system is considered his unconditional acceptance of the entire amendments.

16- General Provisions

16-3 there is nothing either inside or outside the requirements for using the system constitutes:

16-3-1 a contract, including any additional contract, or any contractual term between the Free Zone and any other party to purchase any goods, services or works, including potential service providers; or

16-3-2 any pledge for or on behalf of the AFZ.

16-4 The AFZ shall not adhere to any action as a result of:

16-4-1 issuance of any invitation to participate in the purchase process;

16-4-2 an invitation to submit any proposal regarding the purchase process;

16-4-3 communication with any supplier with regard to this purchase process; or

16-4-4 any other communication between the AFZ and any other party.

16-5 The supplier accepts and acknowledges:

16-5-1 to take due diligence to ensure that the data and information contained in the invitation to participate in the purchase process is valid until the completion of the procedures. The AFZ does not assume responsibility for the accuracy, adequacy or completeness of such information and data; and

16-5-2 by issuing an invitation to participate in the purchase process, the AFZ will not be obliged to accept any response, and reserves the right to grant a contract for some but not all the requirements or not to grant any contract at all;

16-5-3 The AFZ does not bear any responsibility for any costs or expenses incurred by any supplier to respond to any invitation to participate in the purchase process.

16-6 The supplier acknowledges that the system will not allow to him to check the identity of other suppliers during the purchase process.

16-9 The words and phrases contained in paragraph 19 shall have the meanings assigned to them.

17- Notices

17.1 All correspondences exchanged as a result of the use of the system should be in writing and shall be considered as:

17-1-1 received by the supplier via e-mail to the email address set by the supplier when registering (or to the latest e-mail address updated after recording the first two suppliers) or through the messaging service available in the system; or

17-1-2 received by the Free Zone via purchases@afza.gov.ae or through messages service available in the system.

17-1-3 received by the addressee on the same day on which the sender sent this e-mail. This shall be subject to:

17-1-3-1 the sender use of the email address registered to the addressee.

17-1-3-2 the addressee, upon receipt of the e-mail, shall send an email acknowledging receipt to the sender as soon as practicable no later than 17:00 (UAE Time) in the next business day after receiving the e-mail by the sender. If the sender fails to get this acknowledgment at 17:00 (UAE Time) in the next business day after receiving e-mail by the addressee, the sender may send the letter by mail to:

17-1-3-2-1 Supplier, to the postal address / e-mail address set by the supplier upon registration.

17. The supplier and the AFZ may change their postal address for notification purposes by giving another prior written notice reasonably with new information and its effective date in accordance with item 17.

18- Definitions

"Auction" means the type of purchase process conducted on the system where the supplier offers a tender at the same time.

"Confidential Information" means the confidential information or commercial or financial or marketing, technical or other information, expertise, trade secrets and other information in any form, whether disclosed orally or in writing, before or after the date of acceptance of the supplier and his signature on this document, in addition to any copies from this information in any form or any of the parties to such information.

"Confidential" means that the information, either in its entirety or in the precise configuration or collection of its components, is not available to the public.

"Force Majeure" means any cause affecting the performance of the system both by the free zone or Tejari Solutions FZ LLC and their obligations arising from the acts, omissions, events or facts beyond the reasonable control including (but without limitation of generality thereof) the government regulations, fire, flood or any other disaster. Any act, event, omission or occurrence or non-occurrence is a case of force majeure if it is not due to willful neglect or failure to take reasonable precautions by the injured party or his agents or his staff or failure of any of the AFZ or Tejari Solutions FZ LLC to fulfill their obligations under this document.

"Intellectual Property" means any patent, copyright, database rights, moral right, design rights (whether registered or unregistered), trademark, service mark, domain name, experience, service form, unregistered design or where appropriate, any application for any such right, other industrial or intellectual property rights.

"Supplier" means any institution commits to using e-purchase system of the Free Zone and expresses their acceptance and signature on this document and its contents as to the use requirements.

"Supplier User" means a person who represents the supplier and who is registered and granted the access to the system.

"System" means the e-purchase system provided for suppliers to participate in the purchase process.

"Business Day" means 08-00: 17:00 from Sunday to Thursday in the United Arab Emirates; with the exception of public holidays at the AFZ.

I, the supplier hereby acknowledge that I have reviewed the above stipulations contained in this document and I will use the system properly.

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