Article 1 – Preamble – definitions
1.1 GNB MENTOR is a Cloud Solutions Company in the Asia Pacific Region, a Reseller Partner that deals in Google Workspace & Google Workspace Edu Subscriptions. With the help of Google, we have served many clients, and it continues its mission into the Pakistan emerging market. We Partnered with Artisan Drywall LLC regarding Google Voice Subscription, which is a Certified Reseller in the USA North American Region.
Located in: GNBMentor, Grow with NabiBux, Mithi, 69230
Phone: +923023167793
Visit Our Official Website.gnbmentor.com
1.2 We mean by:
“Subscription” is the Customer’s subscription to one or more Solutions offered by their publishers, and distributed by GNB MENTOR.
“Customer” is the company that has taken out a Subscription with GNB MENTOR and is benefiting from the Support Services.
“Support Services” are all the services subscribed to by the Customer and provided by GNB MENTOR by telephone, email, or internet, aimed at promoting the continuity of the Solutions.
“Services” all the services defined in the Contract, including the Subscription, the Support Services subscribed to by the Customer, as well as any other service which may be added to it.
Article 2 – Application of the general conditions of sale
Unless otherwise agreed in writing, these general conditions apply automatically to all Services.
Consequently, the fact of placing an order implies full and unreserved acceptance by the Customer of these general conditions of sale.
The relationship between the Customer and GNB MENTOR will always be governed by the latest conditions in force.
Article 3 – Formation of contracts
3.1 Any order from the Customer must be placed in writing (by email, fax or post). These general conditions of sale are brought to the attention of the Customer by hypertext link on the home page of the site www.devoteamgcloud.com. Orders that are sent to GNB MENTOR are always understood to be subject to acceptance, materialized only by the sending by GNB MENTOR of an order confirmation.
3.2 In the event of an estimate, the estimates established by GNB MENTOR are an offer to contract.
The contract is formed only by the unconditional acceptance by the Customer of the conditions appearing in the estimate.
3.3 Once the contract has been formed (hereinafter “Contract”), any partial or total cancellation of the order is impossible, the price being due in full.
Article 4 – Subscription to Solutions
The Customer chooses the Solutions to which he wishes to subscribe from among the Solutions offered by the publisher partners of GNB MENTOR and marketed by GNB MENTOR. The conditions of supply of the Solutions are determined by their publishers and accepted by the Customer directly when subscribing to the Solution, by accepting the general conditions applicable to the Solutions chosen and published by its publisher.
The Client contracting alone with the publisher of the chosen Solution, GNB MENTOR, cannot be held responsible in any way whatsoever for the conditions of the provision of the Solution by its publisher as well as for its content.
Article 5 – Services
In addition to managing Subscriptions, GNB MENTOR’s obligations are of two types:
5.1 Support Services
GNB MENTOR performs, on behalf of the Customer, the Support Services subscribed by the latter at the time of the conclusion of the Contract and as defined in the latter.
In general, the Support Services performed by GNB MENTOR depend on the Solutions chosen by the Customer and may vary from one Solution to another.
They are of four types, depending on the degree of intervention of GNB MENTOR chosen by the Client: GNB MENTOR Support, GNB MENTOR Plus Support, GNB MENTOR Premium Support, Corporate Support and All-Inclusive Support.
The Customer is reminded that in addition to the Support Services, he also benefits from access to support from the publishers of the Solutions chosen under the conditions defined by contract.
5.2 Other Services
Any Service requested by the Customer that is not included in the Support Services subscribed to by the Customer when the Contract is concluded will be invoiced by GNB MENTOR at the rate in effect when it was ordered. It may be the subject, if necessary, of a preliminary estimate.
Article 6 – Duration – Termination
6.1 Duration
Regardless of the duration of the Subscription, and unless otherwise provided, the Contract is concluded for a period of 12 months. Subsequently, the Contract is renewed by agreement for the same period of 12 months, unless terminated by one of the parties by registered letter with acknowledgment of receipt received by the other 60 days before the anniversary date of the Contract.
Any early termination of the Contract by the Customer under conditions that do not meet the previous paragraph will make it liable for compensation equal to the price remaining due until the end of the Contract, without prejudice to any damages that GNB MENTOR may be entitled to. claim.
6.2 Termination
Either party may terminate the Contract if the other commits a serious or persistent breach of its contractual obligations and does not repair it within 30 days of written notification.
Article 7 – Obligations
7.1 Obligations of GNB MENTOR:
GNB MENTOR undertakes to provide the human resources necessary for the performance of the Services defined in the commercial proposal sent by GNB MENTOR.
The parties agree that GNB MENTOR’s obligations under their relationship are, unless otherwise specified, obligations of means and not of results.
GNB MENTOR undertakes to comply with security standards, follow the legal installation and use procedures, whether they come from the manufacturers or are inherent in the Customer’s specifications. The Customer will give the rules or prescriptions in force by all possible means before the intervention dates of GNB MENTOR employees.
7.2 Customer’s obligations:
The Customer undertakes to provide an IT environment in accordance with the prerequisites of the various service providers so that GNB MENTOR can perform the Services ordered: browser version, OS version of servers and client workstations, main domain name, a network infrastructure adapted to the Solutions, a recent mobile phone fleet… This list is not exhaustive.
The Customer will take care of facilitating access and making every effort to ensure that the GNB MENTOR employee can provide their Service.
In any case, if for reasons beyond GNB MENTOR, the Service cannot be performed, the Service will be invoiced in full.
In addition, it is the Customer’s responsibility:
– appoint a correspondent who remains the contact person for GNB MENTOR throughout the duration of the Service.
– take the necessary steps to remove without delay any impediment or remove any difficulty that would hinder the proper performance of the Services requested.
– to assert their rights and fulfill their obligations under the contract regarding the performance of which the intervention of GNB MENTOR is requested, failing which GNB MENTOR would then be relieved of all obligations to it.
Article 8 – Prices and terms of payment
8.1 The invoicing of the subscription to Solutions, Support Services, and, where applicable, other Services takes place based on the rates indicated in the Contract or, in the absence of a quote, based on the current rate of GNB MENTOR on the day of the order.
Unless otherwise provided, prices are expressed exclusive of taxes, travel costs, exchange rates, customs costs, and insurance, and will be fully billed to the Customer. Where applicable, a flat rate for travel expenses may be described in the estimate depending on the location of the Services.
Any contract year starting is due in full.
8.2 Solutions and Support Services are payable annually. The total annual amount relating thereto is payable in advance at the start of each year of performance of the Contract. No discount will be granted for early payment.
The price of other Services is payable within thirty days of the issuance of the related invoice.
8.3 Unless otherwise provided, in the event of an increase in the number of users of the Solutions during the term of the Contract, as well as the price of the Subscription charged by its publisher, the price of the Solutions and Support Services will be automatically adjusted in proportion to the increase, and this until the end of the Contract.
In the event of a decrease in the number of users of the Solutions during the term of the Subscription, the price of the Solutions and Support Services will be updated on each anniversary date of the Contract.
8.4 Any invoice not paid on its due date will automatically and without formal notice be increased by conventional default interest of ten times the interest rate of the Bank ALHABIB Ltd at its most recent refinancing operation, as well as a lump sum compensation for recovery costs of 50 USD. When the collection costs incurred by GNB MENTOR are greater than the amount of this fixed compensation, GNB MENTOR reserves the right to request additional compensation, upon justification.
In the event of non-payment within the stipulated deadlines and 48 hours after an unsuccessful formal notice, GNB MENTOR reserves the right, without the Customer being able to request any compensation whatsoever, to interrupt its Services as well as the Solutions until payment of the overdue, unpaid invoice (s) (including surcharges), without prejudice to any right to pronounce early completion of the Contract and to obtain damages in accordance with the provisions of Article 6.2
To be admissible, all disputes or protests regarding invoices issued by GNB MENTOR must imperatively be made by registered letter within 8 days of the date of dispatch of the invoice.
Article 9- Intellectual property
In the absence of any express, prior, and written stipulation to the contrary by GNB MENTOR, GNB MENTOR will be the holder of the intellectual property rights relating to the Services provided under the Contract concluded with the Customer.
Article 10 – Liability
It is up to the Customer to communicate to GNB MENTOR the characteristics of the services corresponding to his needs, as well as, when the services are developed jointly with GNB MENTOR, to ensure that the characteristics adopted correspond in all respects to his expectations. The Customer is thus deemed to have full knowledge of the Services he orders.
Any dispute by the Customer of the proper performance by GNB MENTOR of its contractual obligations must be justified and be the subject of a registered letter with acknowledgment of receipt sent no later than one year from the date of discovery of the likely facts, to find the said complaint. Failure to do so constitutes a waiver on the part of the Client to criticize the proper performance by GNB MENTOR of its contractual obligations.
IN NO EVENT WILL GNB MENTOR BE LIABLE TO REPAIR ANY INDIRECT DAMAGE (MORAL OR COMMERCIAL DAMAGE, LOSS OF DATA, LOSS OF PROFIT, TURNOVER, ORDER, OR CUSTOMER) THAT THE CUSTOMER MAY SUFFER. FURTHERMORE, IN ITS RELATIONSHIP WITH THE CUSTOMER, IN NO EVENT, EXCEPT FOR A HEAVY MISTAKE, THE RESPONSIBILITY OF GNB MENTOR SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER IN COUNTERPART OF ITS OBLIGATIONS.
Under no circumstances, whatever the Service ordered and/or whatever the place of its performance (on the Customer’s site and/or at GNB MENTOR), GNB MENTOR cannot be responsible, for any reason whatsoever, Customer data that is damaged and/or lost, totally or partially. In addition, if the Customer’s data is personal data, the Customer, in his capacity as person responsible for processing personal data, remains solely responsible for compliance with the regulations relating to the protection of personal data provided for by the Data Protection Act of January 6, 1978, amended by the law of August 6, 2004.
Consequently, the Customer will take all customary precautions to ensure the safeguard and protection of his data prior to any intervention.
Article 11 – Intervention deadlines
The deadlines are given as an indication, as exact as possible without guarantee, however, from GNB MENTOR.
In the event of a delay in intervention beyond the control of GNB MENTOR or in the event of force majeure, the delays can in no way justify the cancellation of the order or give rise to penalties or damages.
If the Service proves impossible to perform, GNB MENTOR will inform the Customer as soon as possible by any means of communication available, either to cancel the Service or to re-plan it.
Article 12 – Force majeure
GNB MENTOR does not incur any responsibility for non-performance or delay in the performance of any of its obligations if this results from an event beyond its control and which is beyond its control. Any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code is considered as such.
Acts or omissions of telecommunications network operators, internet network operators or other third parties, equipment or third party equipment failure, employee strikes or shortages, riots, insurgencies, fires, floods, storms, explosions, natural disasters, acts of war or terrorism, government decision, social climate, earthquakes and equipment shortages or any other clause beyond the control of GNB MENTOR, are assimilated by the parties to force majeure.
If the cases of force majeure or fortuitous event have a duration of more than 90 days, this contract may be terminated on the initiative of one or the other of the parties, without the right to compensation from either side. other.
Article 13 – Confidentiality – Non-solicitation
13.1 Each party must treat confidential information received from the other with the strictest confidentiality.
GNB MENTOR undertakes not to disclose any information likely to allow third parties to know directly or indirectly the challenge tail of the questions made by the Customer, and in general, no confidential data within the meaning of the Data Protection Act.
13.2 The Customer undertakes, except with the prior written consent of GNB MENTOR, not to recruit or not to employ any intermediary or any GNB MENTOR employee who participated in the execution of this Contract, even if the initial request is formulated by the attendant. This commitment is valid for the duration of this Contract and for a period of two (2) years from its termination for any reason whatsoever.
If the Customer does not respect this commitment, he undertakes to compensate GNB MENTOR by paying him a lump sum compensation equal to the gross salary received by the employee during the twelve (12) months preceding his departure.