1. Introduction

You, yourself, your company, herein referred to as (Client), is/are entering into an (Agreement) with:
(Agency)
Alligator Technology Solutions
CR # 90215-3
Office 601/609, Building 1848, Road 5133, Block 351,
Alburhama, Kingdom of Bahrain

2. Terms

a. Fees and Payment Terms

The total subscription fees to use the Alligator software system and to be featured on the Order Alligator directory are stated on webpage “https://thealligator.app/pricing” and is exclusive of any applicable taxes/VAT, payable on the date of entering into (Agreement) and thereafter as and where applicable, unless otherwise agreed in writing, and is subject to change from time to time at Alligator Technology Services’ sole discretion.

Offline payments (by cheque, digital transfer, or other) will be subject to an administrative fee, stated on the digital checkout form/webpage and is subject to change from time to time at Alligator Technology Services’ sole discretion.

All invoices and receipts will be sent electronically via Alligator Technology Services’ automated self-checkout system. No physical invoices or receipts will be issued/provided.

b. Duration

All renewals for paid plans of the Alligator subscription fees may be subject to an increase in annual fees of five percent upon renewal, at Alligator Technology Services’ sole discretion.

There will be no grace period for delays in payment of any subsequent term’s renewal fees, whereby delays will warrant immediate suspension of the Client’s Order Alligator directory membership / subscription, Alligator subscription and/or eCommerce web store or any other services provided by Alligator Technology Services, and will be subject to an activation fee of BHD 25 exclusive of any applicable taxes/VAT in order to retain data, in addition to the standard renewal rates at the time, unless otherwise agreed in writing.

Pay-as-you-go percentage-fees are to be agreed between Agency and Client at the time of subscribing to the Alligator platform (or similar services) and are subject to review from time to time, at Alligator Technology Services’ sole discretion.

Pay-as-you-go percentage-fees via electronic / online means are settled in accordance with Alligator’s payment gateway partners’ (third party) terms, whereby payments are split between Agency and Client as per the above-mentioned agreement of percentage-fees. Offline / non-electronic payments will be billed to Client on a monthly basis, with a 30 day maximum payment term to Agency, whereby failure to pay will warrant the immediate termination of all services rendered prior to initiating collections procedures as necessary.

A three-month period of inactivity, defined as zero-sales via Alligator platform(s), will warrant the suspension of services for Pay As You Go plans, whereby Client is able to transfer membership to any paid plan available at the time.

Renewal will not require a new agreement, rather successful payment of renewal and other, if applicable, fees, whereby all terms of this agreement remain in force.

c. Termination

Client is free to terminate this agreement at any date, for any reason, with one (1) day notice to the Alligator team via support@thealligator.app, with the understanding that no refunds for any payments will be issued under any circumstances.

Should the Client wish to procure and use their own domain / URL for their own personal use, they are welcome to do so and they agree to bear all 3rd party expenses relating to domain registration services. The Agency will work with the Client to point the domain / URL to Client’s servers in order to activate their Alligator service.

Any and all domains (URLs, or other) registered by Alligator Technology Services to activate the Client’s Alligator subscription, will remain the rightful property of Alligator Technology Services during and after the termination of this agreement. Should Client wish to procure any domain (URL, or other) from Alligator Technology Services, upon Alligator Technology Services’ acceptance of such transfer, the Client agrees to pay a fee of BHD 50 exclusive of any applicable taxes/VAT, in addition to any 3rd party costs (domain registrar transfer fees, domain registration fees, or other). This does not apply in the case where the Client is using a domain that they already own, or that they have purchased directly through any 3rd party domain registrar.

Mutual Representations and Warranties

• i. Each party has the full right to enter into this Agreement
• ii. All terms in this Agreement are to fully comply with all laws of the Kingdom of Bahrain
• iii. Each party is bound only to the terms stated in this Agreement

d. Limitation of Liability

Alligator Technology Services accepts no financial or other liability to the Client or its customers or counterparts, for any activities directly or indirectly arising from the activities carried out and services rendered in this Agreement, under any circumstance whatsoever.

Alligator Technology Services agrees to carry out its duties to the best of its ability and fully in compliance with the laws of the Kingdom of Bahrain.

e. Support

Support or any similar term offered in any part of the Alligator system or its affiliates does not include content management i.e. updating menus, creating images, etc. Clients using the Alligator system have access to their dashboards where the Client will manage all aspects of content through their subscription with Alligator.

Subscriptions that include content loading by the Alligator team is limited to a maximum of 200 items, uploaded in one single sitting at the start of the contract term (i.e. no later than 72 hours of the start of any subscription), whereby the Client is to provide the Alligator team with an organized set of content for all items, options, add-ons, etc. and all images in a suitable file format and size, labelled correctly in such a manner that it does not cause a hindrance to Alligator’s operations or cause delays when uploading menu items. The time spent on menu/etc. upload will not be refunded to the Client and will be considered part of the Subscription Term.

f. Fulfillment and Customer Orders

Alligator Technology Services (and any of its subsidiaries or affiliates) are not responsible for item preparation, delivery, or any part of any sale or transaction, notwithstanding online facilitation of shopping between Customer and Client / Merchant, and as such will not be held liable in any financial or other form for any claims, disputes or other cases arising from the use of any part of this, or any of its systems. Preparation, health and safety, fulfillment, delivery and all other facets of any and all transactions are strictly between Customer and Client / Merchant, including but not restricted to online payments, deliveries, defects, faults or any other shortcomings experiencing by any party during any transaction where Alligator Technology Services will not be held liable by any party using this directory or any of its other systems.

g. Miscellaneous

1. Advertising

Agency will display its copyright information and a link to any of its digital assets it deems necessary on various areas of the Client’s Alligator eCommerce store, email workflows at all times, social media channels, and any and all other digital assets and non-digital communication, at the Agency’s sole discretion. Client agrees that their logos, assets or other marketing material may be used by Alligator Technology Services via digital, social media, physical or other marketing channels at any time, and Client agrees formally of any and all such marketing activities.

Client and customer data may be used by Alligator and/or its partners for various reasons including advertising, marketing, data analysis, and other related activities.

2. Delivery and Payment Gateway

Should the client request delivery services and/or online payment gateway services through Alligator, these will be carried out by third parties and agreements with these third parties will need to be entered into by the Client. Alligator Technology Services accepts no financial or other liability in any shape or form at any time and for any circumstances arising out of such agreements. Rates and other terms of such agreements are outside the scope of Alligator and will be agreed mutually between the Client and any third party involved.

3. Force Majure

Neither party will be held liable for any delays in fulfilling its duties outlined in this agreement if caused by an act of God, action by any governmental or quasi-governmental agency, fire, flood, earthquake, strike, telecommunications faults, network difficulties or other acts beyond the control of the party responsible.

4. Governing Law

All terms in this Agreement will be governed by the laws of the Kingdom of Bahrain.

5. Notices

Any notice served by either party shall be served by electronic mail to support@thealligator.app or Client’s email address provided at the time of registration.

Any and all Terms and Conditions are subject to review and change at Alligator Technology Services’s sole discretion.

Updated: 8 May 2023