These General Conditions of Contract are applicable to the provision of the service (hereinafter, General Conditions) offered by Genesis Dynamics – FZCO., with Reg No- DSO-FZCO-37582 and with registered office at Premises Number 39700 001, IFZA Business Park, DDP, Dubai silicon oasis, Dubai, United Arab Emirates, to individuals and/or legal entities (hereinafter, client) that express their willingness to contract the services regulated in these conditions through the request made by electronic media, established and contained in www.genesis-dynamics.com (hereinafter, the website).
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“GENESIS DYNAMICS – FZCO” maintains the https://genesis-dynamics.com/Website (“Site”).
1. “United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
2. “Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE”
3. ”Visa or MasterCard debit and credit cards in AED will be accepted for payment”
4. ”The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency”.
5. ”We will not trade with or provide any services to OFAC and sanctioned countries”.
6. ”Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website”.
7. ”Cardholder must retain a copy of transaction records and https://genesis-dynamics.com/ policies and rules”.
8. ”User is responsible for maintaining the confidentiality of his account”.
These General Conditions are available on the web page and will be sent to the client, together with the terms and conditions of the service, at the time of contracting, being informed the client at all times of what the terms and conditions of the service are, and he must expressly accept them by electronic confirmation.
The agreement of these General Conditions together with the terms and conditions of the service implies the formation of a contract for the provision of services (hereinafter, the Contract) between Genesis Dynamics – FZCO. and the client, who must assert that they have sufficient and full legal capacity for the subscription of the Contract.
FIRST | SUBJECT OF THE PROVISION OF THE SERVICE
The client who agrees with the Contract will be entitled to receive from Genesis Dynamics – FZCO. the services that, according to the chosen plan, correspond, in exchange for the remuneration established for each of the offered plans.
Genesis Dynamics – FZCO. is an entity with reputable experience in the field of Technical Service to users and has the necessary resources and technical means to provide these services.
The client knows and accepts that, for the provision of the service, remote access to their systems and equipment is necessary, for which the employees of Genesis Dynamics – FZCO. will have access to the information contained therein. Genesis Dynamics – FZCO. is committed not to misusing this information, however, in no case will be responsible for the deterioration or exposure of such information, for reasons beyond the control of the service.
SECOND | MODALITIES OF THE SERVICE
The client may opt for several plans that are offered on the website, the conditions of these plans being those indicated below:
Business Plan:
Elite Plan:
THIRD | PRICE AND METHOD OF PAYMENT
The price of the service will be, depending on the chosen plan and the duration of the service, the following:
Business Plan:
Elite Plan:
Ultra Plan:
Premium Plan:
Popular Plan:
Basic Plan:
The forms of payment are those described on the website, payment by credit or debit card, or other alternative methods of payment whose payment platform is duly recognized and validated on the website itself.
After Genesis Dynamics – FZCO. received the payment, the same will send to the client, the invoice with the details and concept of the services contracted and the breakdown of the amount paid by the client.
FOURTH | CLIENT OBLIGATIONS
The client, once subscribed to the Contract, will contract the following obligations with respect to Genesis Dynamics – FZCO.:
To do this, as soon as Genesis Dynamics – FZCO. receives a notification of payment failure due to insufficient funds from the bank regarding the charge made on the credit card used by the client, it will inform the client by email or phone call, and the client must proceed with the payment within 24 hours.
FIFTH | OBLIGATIONS
Genesis Dynamics – FZCO. undertakes, upon subscription of the Contract, to:
However, Genesis Dynamics – FZCO. is not responsible for deficiencies in the services provided that have their origin or cause in the equipment or systems of the client, or when they are due to force majeure circumstances such as mere exemplary effects, breakdowns in the electrical network, in the Internet connection or to natural events that impede or hinder the provision of the service.
SIXTH | AUTOMATIC WITHDRAWAL AND RENEWAL OF SERVICE
6.1 Withdrawal by the Client:
The client has the right to withdraw from contracting the service, without justified cause, within a period of 14 calendar days, counted from the day of acceptance of the Contract. The client may exercise his right to withdraw from the contract by sending an email to support@genesis-dynamics.com. In such communication, the client must express, unequivocally, their desire to withdraw from the contract and waive the provision of the service.
At the moment of receiving such communication, Genesis Dynamics – FZCO. will proceed to cancel the service and reimburse the payments made by the client in form of a cheque only and will be processed within 14 calendar days of the request. The setup fees as established in General Condition 3a/b/c are non-refundable
6.2 Withdrawal by Genesis Dynamics – FZCO.:
Genesis Dynamics – FZCO. may withdraw from the Contract, unilateral, in the event of a breach of the Contract and these General Conditions by the Client.
This withdrawal will be communicated by Genesis Dynamics – FZCO. to the client via email in which they will be informed that they have proceeded to cancel the service, stating the reason for the withdrawal. The withdrawal of Genesis Dynamics – FZCO. for breach of obligations and duties assumed by the client under the Contract will not entitle any refund of amounts already paid by the client.
On the other hand, Genesis Dynamics – FZCO. is entitled to unilateral deactivate the licenses and services included in the plans contracted by clients in the event of non-payment of the contracted services.
SEVENTH | PERSONAL DATA PROTECTION
The client gives his consent so that Genesis Dynamics – FZCO. treats the personal data contained in the particular conditions of the service, in the informative forms completed prior to the contracting and, in general, any personal information related to the Contract, incorporating these into a file or files susceptible to automated treatment or not, which can be used for information and/or the execution of the Contract, as well as for the realization of all kinds of analysis and personalized or segmented studies, and/or for the promotion of products and/or provision of services related to the activities of the corporate purpose of Genesis Dynamics – FZCO., as well as for the sending of electronic commercial communications for the purposes of article 21 of Law 34/2002 on Services of the Information Society.
The client has the right to access the file or files containing their personal data, whose processing Genesis Dynamics – FZCO. is responsible for, in order to exercise their rights of access, rectification, portability, cancellation, and opposition, under the terms and conditions stipulated by the regulations of Protection of Personal Data, by ordinary postal mail addressed to Genesis Dynamics – FZCO. to the address indicated in this document or by email to info@genesis-dynamics.com, providing a copy of an identification document, indicating the home address for notification purposes, date and signature of the applicant and, where appropriate, documents accrediting the petition.
EIGHTH | INDUSTRIAL AND INTELLECTUAL PROPERTY
All the contents of the website, and in particular the commercial brands, business names, industrial designs, designs, texts, photographs, graphics, logos, icons, software, and any other signs that can be used in the business sector, are protected by industrial property and intellectual rights of Genesis Dynamics – FZCO. or other third parties. Therefore, its use and/or reproduction are prohibited without the express consent of the company.
Similarly, Genesis Dynamics – FZCO. has authorization and license for the use of all systems, tools, and applications that are intended to provide the service, however, Genesis Dynamics – FZCO. will be exempt from any fraudulent use by the client of such utilities, as well as will not be responsible for the use of the same by the client without the mandatory authorizations or licenses.
NINTH | RESOLUTION
The following will be cause for termination of the Contract:
In the event that one of the previous causes for termination occurs, Genesis Dynamics – FZCO. will inform
the client via email stating the reason for the resolution and informing that, from that moment, the service provider is canceled.
TENTH | ASSIGNMENT OF THE CONTRACT
Genesis Dynamics – FZCO. reserves the right to assign the rights and obligations arising from the Contract to the individual or legal entity it deems appropriate, assuming all the rights and obligations deriving from it, notwithstanding that must communicate this point to the client.
The client may not assign or transfer the rights and obligations derived from this Contract, without the prior written consent of Genesis Dynamics – FZCO.
ELEVENTH | COMMUNICATIONS
All communications and notifications that must be made between the contracting parties, unless expressly provided otherwise, will be made by email.
The email address for the purposes of all communication that is sent to Genesis Dynamics – FZCO. by the client will be the following: info@genesis-dynamics.com
On the other hand, the email address to which Genesis Dynamics – FZCO. will send any type of communication to the client will be the one that is indicated in the registration form upon contracting the service. The client undertakes to have this email operational and not to modify it, and in case of modification, to inform Genesis Dynamics – FZCO. so that it can be incorporated into the Contract for the appropriate purposes.
TWELFTH | APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by UAE legislation and UAE data protection law.
For the resolution of any controversy or conflict that derives from these general conditions, the Courts and Tribunals of Lisboa (UAE) will be competent, with the client expressly renouncing any other jurisdiction that may correspond to him.
THIRTEENTH | CANCELLATION, AND REFUND
Customers can request a full refund within the first 14 days, this will always be issued.
Customers can request a partial refund if they would like to modify the subscription to a shorter period (due to health issues, no more use of the device, etc.) and/or downgrade from package to package.
Customers can cancel the subscription at any time. However, a partial refund (for the remaining period, as per your scenario) will be issued if the customer is unsatisfied with the product and all offered solutions have not helped.
In case the customer passes away, we always issue a refund for the remaining period of the subscription.
Usually, all customer communication, through chat, email, and phone, is looked to keep the customer satisfied; in some scenarios, we would issue a refund and still provide the service due to issues (downtime, coverage, etc.)
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