Service Agreement
1. Definitions:
(i) Sirdab: a private limited liability company established in the Kingdom of Saudi Arabia, having its offices at Tuwaiq, Riyadh, Saudi Arabia with registration number: (1010691315) (“Sirdab”).
(ii) Services: The content, products, or services, made available or performed by Sirdab through this website or by other means.
(iii) The Agreement: These Terms and Conditions, including all updates or amendments made to them by Sirdab.
(iv) The Customer: You, the user of this website, as an individual, or as an entity, and your affiliates if you are using this website on behalf of an entity, for the purpose of accessing or benefiting from the content, or products, or services, made available by Sirdab, including but not limited to the services set forth in article (3) of this agreement. For the purpose of this agreement, the words You and Customer means one meaning, and is being used interchangeably throughout this agreement.
2. Contractual Relationship
(i) These Terms and Conditions govern the access or use by The Customer of the Services made available by Sirdab.
(ii) Your access and use of the Services constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and Sirdab.
1. a) Transportation and Storage Services
(i) Subject to the terms and conditions of this Agreement, including without limitation the payment of all fees under this Agreement, Sirdab shall, upon request, and within a reasonable period of time, endeavor to do the following:
(a) Arrive at the address selected by the Customer (the "Pickup Address").
(b) Pack the customers items into one or more boxes, and prepare large items for safe transportation using the required packing materials as necessary;
(c) Take photos of the Customers items from above, before packing or wrapping, to document their condition before transport and storage;
(d) Pick up the boxes or other customer items from the Pickup Address
(e) Transport the customer belongings to a storage facility (chosen at Sirdab’s discretion) for storage and return those customer items upon the customers' request.
(ii) Sirdab will not be obligated to pick up or deliver customer items to an address outside the Riyadh area unless otherwise agreed to in a written confirmation.
(iii) Times given for the delivery, collection, and return are only estimates. Sirdab shall not be liable for any delay in delivery, collection, or return.
(iv) Sirdab, at its sole discretion, may facilitate the transport of the Customer’s items from the Customer’s initial pick up location to a delivery location in a new city at pricing to be determined by Sirdab and approved by the Customer.
(v) Sirdab may cancel, postpone, or otherwise reschedule any collection, delivery, or return of Customer Items for any reason or no reason, including without limitation if Sirdab believes, in its sole discretion, that it may endanger any Sirdab employee, agent, contractor, or other individuals. Due to (including but not limited to) severe weather conditions or due to Sirdab's limited access to the delivery address.
2.b) Key Acknowledgments
The Customer acknowledges and agrees to the following:
(i) Sirdab will not be responsible for dismantling or assembling any unit, system, or furniture; or disconnecting, reconnecting, dismantling, or reassembling appliances, fixtures, fittings, or equipment.
(ii) While Sirdab makes a good faith effort to transport and store customer items in a suitable environment, Sirdab does not guarantee that any transport vehicle or storage facility used by Sirdab is a suitable means of transport or place of storage for any particular customer item.
(iii) Sirdab is only responsible for those customer items that have been visually inspected and photographed by Sirdab and shared via an online catalog link.
(iv) The Customer is solely responsible for verifying that Sirdab has photographed and inventoried all customer items and that the inventory Sirdab provides the Customer is a true and complete inventory of the Customer’s personal property. The Customer hereby waiver and release Sirdab from responsibility for any damage to items that were not packed, sealed, inspected, and photographed by Sirdab.
(v) Sirdab uses packing blankets and packing supplies to ensure safe transport. If any items are not packed into boxes or protected with moving blankets you are solely responsible for damage to those items.
(vi) Sirdab may use subcontractors and/or third parties to help perform any Sirdab obligations or services under this agreement or any other agreements that incorporate this agreement, including without limitation for pick-ups, return deliveries, and other logistics concerning customer items.
2.c) Customer Responsibilities; Waiver of Non-Photographed and Improperly Packed Items
(i) Obtaining and ensuring that Sirdab or its carrier has access to any parking as may be reasonably required to carry out the Services;
(ii) Being present, or ensuring that someone authorized by you is present, during the delivery, collection, and return of the customer items;
(iii) Providing Sirdab with the Customer’s contact details and ensuring that such contact details are accurate and up-to-date;
(iv) Ensuring that the customer items packed by the Customer have been securely packed into appropriate boxes so as not to cause damage or injury or the likelihood of damage or injury to the Customer’s items, Sirdab’s property, employees, agents, contractors, business partners, other goods, or other individuals, whether by spreading of dampness, infestation, leakage or the escape of fumes or substances or otherwise;
(v) Informing Sirdab immediately upon the occurrence of any damage to customer items/property that occurred during delivery, collection, or return service.
(vi) Reimbursing Sirdab in full an amount equal to all damages, liabilities, costs, claims, and expenses that Sirdab may incur as a result of the Customer’s use of the Service or any breach by the Customer of this Agreement.
3. The Stored Items
(i) You represent and warrant that you own the customer items or that you otherwise have the right and authority to transport, store and use the customer items per this agreement.
(ii) The customer items must not include and you must not provide to Sirdab for storage or transport any of the following in connection with the Services: antiques (whether or not breakable and fragile), perishable goods, firearms, explosives, used tires, plants, birds, fish, other animals, or any other living thing, arms or ammunition, any item which emits fumes, smells or odors, bullion (e.g., gold-silver), ivory, currency, jewellery, precious metals or stones, any drugs, illegal substances or goods, or goods or substances illegally obtained, liquids or compressed gases, combustible or flammable materials, petrol, oil, diesel, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, any other toxic, flammable or hazardous goods, human remains, or any other items, the possession, usage, transport or storage of which may detrimentally affect any of your other items or violate in any way the laws of the Saudi Arabia or any other applicable laws, rules, or regulations (collectively, "Prohibited Customer Items").
(iii) According to Sirdab’s sole discretion, Sirdab may regularly conduct, or have its subcontractors conduct, pest control inspections of any Customer Items.
(iv) Sirdab or any of its contractors may at any time open and inspect any customer item without notifying the Customer if Sirdab:
believes, in its sole discretion, that the customer items may include any Prohibited items;
is required to do so by the police, fire services, local authorities, or by court order;
determines it necessary, in its sole discretion, for account or warehouse maintenance; or
considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property.
(v) Sirdab may refuse to store or transport any customer items or may return to the Customer any customer items at any time, at the Customer’s cost, if, Sirdab finds, in Sirdab’s sole discretion, that the storage, continued storage, or transport of the Customer Items would represent a risk to the safety of any person, the security of the storage site or transport vehicle, or any other goods at the storage site or in the transport vehicle.
4. Payment, Subscription Services, and Cancellation
(i) By using the Services or other paid services or products provided by Sirdab, the Customer agrees to the pricing and payment terms, as Sirdab may update them from time to time. Sirdab may add new services for additional fees, or amend fees for existing services, at any time in its sole discretion. Any change to pricing or payment terms shall become effective in the billing cycle following notice of such change to Customer as provided in this agreement.
(ii) The Customer agrees that the Services or other paid services or products provided by Sirdab may be made available on a recurring subscription basis (“Subscription Services”). the Customer enrollment in any Subscription Services, for example, through the purchase of our storage service, constitutes an agreement to a recurring payment program, which will continue for the agreed-upon subscription period and automatically renew for additional subsequent periods unless and until the Customer cancels the Subscription Services or Sirdab suspends, discontinues, or terminates them.
(iii) Sirdab may offer several subscription plans for Subscription Services with different conditions and limitations. Any substantially different terms from those described in this Agreement will be disclosed at the Customer signup or in other communications made available to the Customer.
(iv) Sirdab automatically charges the payment method associated with the Customer’s Sirdab account regularly (depending on the subscription term the Customer chooses). Day one of the billing cycle is the date Customer activates the Subscription Services by pairing them to Services.
(v) The Customer acknowledges and Agrees that the amount billed may vary due to promotional offers, changes in thew Customer’s Subscription Services plan, and changes in applicable taxes, and Customer authorizes Sirdab to charge the Customer’s payment method for the corresponding amounts.
(vi) The Customer acknowledges that the amount of the recurring charge may change if the applicable tax rates change or if Customer is notified that there will be an increase in the applicable subscription fees.
(vii) To receive Subscription Services, the Customer must have internet access and provides Sirdab with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”).
(viii) The Customer must cancel any subscription before the end of the then-current subscription period to avoid billing of the next subscription period’s subscription fees to the Customer’s Payment Method.
(ix) All information that the Customer provides in connection with a purchase or transaction or other monetary transaction interaction with Sirdab must be accurate, complete, and current.
(x) The Customer agrees to pay all charges incurred by users of the Customer’s credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Sirdab at the prices in effect when such charges are incurred.
(xi) The Customer will pay any applicable taxes (including without limitation any applicable sales tax), if any, relating to any such purchases, transactions, or other monetary transaction interactions. Any amounts not paid when due shall bear late payment penalty at the rate of 15% per month or the maximum rate allowed by law, whichever is less.
(xii) The Customer may cancel Subscription Services at any time once the minimum storage term has been met; however, there are no refunds for cancellation for the then-current subscription period. Cancellation will be valid through email at info@Sirdab.com or by calling Sirdab at +966 506193344, or via any other communication method approved by Sirdab.
(xiii) Cancelation of Subscription Services will only cancel future charges associated with the canceled subscription. The Customer may notify Sirdab of his or her intent to cancel at any time, but the cancellation will become effective at the end of the current billing period at the time of cancelation. The costumer is not intitled to receive a refund for current subscription period and will continue to benefit and have access to the services for the remaining subscription period. In addition, Sirdab requires minimum payment commitments, and you remain obligated to pay the full amount of any such minimum payment commitment you have made to Sirdab, regardless of whether and at what point you cancel your Sirdab account.
(xiv) In case Sirdab suspends or terminates the Customer’s account or this Agreement for the Customer breach of this Agreement, the Customer shall receive no refund or exchange for any unused storage time, any license or subscription fees for any portion of the services, any content or data associated with your account, or for anything else and that Sirdab may be unable to complete any outstanding orders or appointments until the suspension is lifted. You will be responsible for all charges (including any applicable taxes and other charges) incurred concerning any orders processed prior to your cancellation of the Subscription Services.
5. Withhold or Disposal of Customer Items
(i) Sirdab will provide the Customer with (45) days' written notice requiring the payment of all amounts due in addition to requiring the Customer to contact Sirdab to arrange for redelivery or collection of the Customer Items.
(ii) Sirdab shall have the right to withhold and ultimately dispose of some or all of the customer items by sale or otherwise under this clause if either:
a) the Customer does not pay applicable fees or other payments due under this agreement within (45) days of Sirdab’s written notice or
b) the Customer abandons his or her items, which will occur in the event the Customer’s subscription terminates or expires and the Customer fails to take possession of the customer items within 45 days from the termination or expiration date, despite Sirdab’s or an applicable courier’s good faith attempts to return the customer items>
(iii) the Customer will be responsible for all transport and storage charges and other associated costs reasonably incurred by Sirdab while withholding or disposing of the Customer Items.
(iv) If in Sirdab’s opinion the Customer Items cannot be sold for a reasonable price or at all (for any reason), or despite Sirdab’s reasonable efforts they remain unsold, Sirdab will then be authorized to treat the items as abandoned and to destroy or otherwise dispose of them at the Customer’s cost. The Customer shall be responsible for all costs reasonably incurred by Sirdab about the disposal of the Customer Items.
(v) If Sirdab receives money on disposal of the Customer Items, the net proceeds of the sale will be credited to the Customer’s account and Sirdab will pay any excess amounts to the Customer without interest, less any due payments, coasts incured as a result of the disposal of items, and Sirdab’s administrative charge of 600 Saudi Riyal.
(vi) If, after having made reasonable efforts to do so, Sirdab is unable to return any excess amounts received by Sirdab from the disposal of your Customer Items to the Customer, including having given not less than 90 days written notice to the Customer, Sirdab may retain any such excess amounts for its account.
(vii) If the proceeds of a sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Sirdab under this Agreement and the costs of sale, the Customer must pay any balance outstanding to Sirdab within 7 days of a written demand from Sirdab. Late payment penalty will accrue on the balance by the Payment Section above until the balance is paid in full.
6. Sirdab’s Limited Security Warranty
Sirdab agrees to provide the Customer with a limited security warranty with regards to the Customer Items as outlined below:
(i) The loss or damage to properly packed stored items that have been tampered with, lost, or stolen while in the possession of Sirdab, up to a maximum of four Saudi Riyal per kilogram in total per Customer;
(ii) Damage to Customer premises due to the negligence or wilful misconduct by Sirdab, up to a maximum of 2,000 Saudi Riyal in total per Customer.
7. Termination
(i) The Customer may terminate this Agreement at any time by requesting the return of Customer Items and by paying any outstanding fees due to Sirdab.
(ii) Sirdab may, iwithout prior notice, change the Site or Services; stop providing the Site or Services or features of the Site or Services, to the Customer or Users generally; or create usage limits for the Site or Services.
(iii) Sirdab may permanently or temporarily terminate or suspend your access to the Site sor Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
8. Governing Law and Jurisdiction
(i) This Agreement, all matters, disputes, claims or non-contractual obligations arising under or in connection with it, shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
(ii) Any dispute or difference of any kind between the customer and Sirdab in connection with or arising out of this Agreement or the breach, termination or validity hereof shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia.
