Terms and Conditions

The following are the terms and conditions for the Transguard Living website. All customers must accept the terms and conditions before they can use the Transguard Living web site.

Transguard Living

 

SERVICES AGREEMENT

 

THIS SERVICES AGREEMENT(“Agreement”) is entered into by and between Transguard Group LLC (“Transguard”) and the “Customer” (together the “Party/Parties”) who agree as follows: 

 

1. DEFINITIONS:  Capitalized terms are used as defined in this Agreement.

AED:means UAE Dirhams.

ADDITIONAL CHARGES:means the charges incurred by the Customer for carrying out any Additional Services not included in the Service Charge.

ADDITIONAL SERVICES:means any extra or additional services which the Customer requires not covered within the Services and which will be charged to the Customer.

 “APPLICABLE LAW(S)” means (i) all legislation including codes, decrees, resolutions, acts, statutes, ordinances, rules, regulations, directives, and other orders, treaties, by-laws, codes of practice and other subordinate legislation of the UAE; and/or (ii) the requirements, rules and regulations of any authority, including without limitation, local, regional, territorial, free zone, municipal government, ministry, governmental department, commission, executive, administrative or judicial bodies in the UAE;

COMMENCEMENT DATEmeans the date the Services are commenced.

EMPLOYEEmeans an individual employed by Transguard to perform the Services for the Customer.

PREMISESmeans the place where the Customer requires that the Services are performed.

SERVICES:  means the Services to be performed by Transguard as purchased by the Customer. 

SERVICE CHARGEmeans Transguard’s fees and charges to perform the Services which are calculated depending on the size of the Premises.

TERM:  means the period from the Commencement Date that the Customer requires/purchases Services from Transguard until completion.

UAEmeans United Arab Emirates.

 

2. Commencement and Provision of Services:

2.1 This Agreement shall come into effect on the Commencement Date and shall continue for the duration of the Term unless terminated in accordance with Clause 10.

2.2 All Services can be purchased via www.transguardliving.comand will be delivered to the address or location specified by the Customer.

2.3 All persons using and purchasing the Services on Transguard Living website at www.transguardliving.com  must be over 18.

 

3. Payment of Service Charges

3.1 The Customer will, in consideration of the Services provided by Transguard, pay the Service Charge online or as otherwise agreed, through;

i. debit or credit card;

ii. bank transfer; or

iii. cheque made payable to ‘Transguard Group LLC’.

3.2 In respect of any maintenance packages purchased by the Customer;

i. when the Parties have agreed to use online payments, periodic payments will be deducted from the Customer’s debit/credit card which will continue to be charged until the Services are cancelled Payment can only be made in UAE Dirhams and Visa and/or MasterCard only will be accepted.

ii. when the Parties have agreed to use cheques against periodic payments, the Customer will need to provide post-dated cheques covering the full term of the agreement, prior to commencement of Services.

iii. when the Parties have agreed to pay monthly, they shall only be entitled to receive the first planned preventive maintenance after completion of three (3) monthly consecutive payments.

3.3 Any purchases made will be charged to the Customer’s account. In the event that such payment bounces, Transguard may suspend Services until payment has cleared.

3.4  The Customer will receive delivery confirmation of all purchases made online via www.transguardliving.comby email within ten (10) minutes of the transaction being authorized.

3.5  Multiple orders for Services received from the Customer may result in multiple postings to the Customer’s monthly bank statement.

3.6  The Customer shall not be entitled to withhold payment of the Service Charge for any reason whatsoever. Payment of the Service Charge shall be made in full by the Customer on a monthly basis and any disputes thereon will be dealt with by the Parties reasonably and amicably.

3.7 If Transguard incurs any additional cost or expense outside Transguard’s control as a result of any new, existing or amended Applicable Law or as a result of compliance with any new, existing or amended Applicable Law whilst carrying out any of the Services, the Customer shall be obliged to reimburse Transguard all such additional costs or expenses and the Customer agrees to the Service Charge being revised accordingly.

3.8 The Service Charge does not include any applicable sales, use, excise, value added tax ("VAT") or other tax or amount which is or may be levied on or applicable to the provision of the Services provided under this Agreement. All and any VAT (if applicable) will be payable by the Customer and such additional amount shall be added to the invoices at the appropriate rate.

3.9 Transguard reserves the right, exercisable in its absolute discretion, to apply a late payment fee, at the rate of 2% per month, to all amounts unpaid beyond their due date.

3.10The Service Charge may be subject to change at Transguard’s discretion or in the event that the Customer has incorrectly estimated the size of the Premises or the resources required to perform the Services.

3.11The cardholder who has purchased the Services must retain a copy of the transaction and a copy of Transguard’s terms and conditions.

3.12The Customer acknowledges that they are responsible for maintaining the confidentiality of their online account.

3.13Bank/Credit Card charges for incorrect payments from Customers will not be reimbursed.

 

4. TRANSGUARD RESPONSIBILITIES

4.1 Transguard will provide any Consumables and spare parts required to perform the Services and, unless agreed otherwise in writing, charge back to the Customer as an Additional Charge.  Any consumables, materials or spare parts will be subject to availability.

4.2 In the event that Services cannot be performed due to adverse weather conditions, Transguard will reschedule the Services at no additional cost to the Customer.

 

5. CUSTOMER’S RESPONSIBILITIES

5.1 The Customer will ensure that the Employee has unimpeded access to the Premises, including issuance of access permits at no cost to Transguard, free from any hazards or violations and all necessary consents have been obtained from the building management/ security/landlord.  Should the Employee be unable to gain access to the Premises at the scheduled time, Transguard reserves the right to charge the Customer a minimum fee of AED 280. 

5.2 If direct access is not available to the appliance to be serviced and the Employee needs to create access (i.e. by moving tiles or floorboards), the Customer agrees to grant such access.  Save where caused as a result of the Employee’s negligence, Transguard will not be liable for any damage caused as a result of creating access.

5.3 The Customer shall provide Transguard and its Employees with access to all amenities required to carry out the Services including but not limited to free water and electricity.

5.4  The Customer, Premises owner or nominated representative should endeavour to be present while the Services are being carried out.

5.5 In the event that Transguard will have to carry out Additional Services in order to complete the Services, Transugard will notify the Customer as soon as practicable for authorization and the Additional Services will be charged to the Customer as Additional Charges.

5.8 The Customer shall ensure that they have adequate insurance for the Premises.

 

6. WARRANTIES AND REPRESENTATIONS:

Transguard represents, warrants and covenants that:

6.1 It shall provide thirty (30) days’ workmanship warranty on all maintenance services provided;

6.2 It shall provide thirty (30) days’ workmanship warranty on all items and spare parts installed by Transguard, subject to the supplier’s terms and conditions;

6.3 The execution, delivery or performance of this Agreement does not violate any law, regulation, rule, order, decree, injunction or other restriction of any governmental entity, court or tribunal to which it is subject or any of the provisions of its memorandum and articles of association; Nations, regional or national trade or financial.

6.4 It will not trade with or provide any services to OFAC and sanctioned countries.

 

7. INDEMNIFICATION: 

7.1 The Customer shall be responsible for the Employees safety and security and for all and any damage, loss, injury and/or liability incurred suffered or sustained by an Employee arising from or in connection with any of the Customer’s acts or omissions whilst the Services are being completed at the Premises.

7.2 The Customer hereby undertakes to indemnify Transguard and to keep Transguard indemnified fully at all times against all claims, demands, actions, proceedings, damages, losses, costs and expenses (including legal and other professional adviser’s fee) which are made or brought against or incurred by Transguard arising as a result (direct or indirect) of any liabilities of whatever nature accruing to Transguard as a result of the association with the Customer or as  a result of the Services provided to the Customer.

 

8. SUSPENSION AND TERMINATION:

8.1  Transguard may suspend or terminate this Agreement immediately in the event that the Customer fails to pay any sum that has become due and payable to Transguard or where the continuation of Services would be unsafe.

8.2 Either Party may terminate the Agreement upon the provision of sixty (60) days’ written notice to the other. Should the Customer not want the Services to continue throughout the sixty-day notice period, Services can be discontinued however, the Customer shall still be charged for a total of 2 monthly payments, or the full value of services in the quarterly period on which the final day of services falls, whichever is greater. 

8.3 In the event of termination of the Agreement, any refund or part refund for Services not yet provided or not properly performed shall be at Transguard’s discretion and shall, in any event, exclude the value of materials purchased by Transguard for the provision of Services. If Transguard agrees to refund some or all of the Services, the refund will be made onto the original mode of payment.

8.4 The termination of this Agreement shall be without prejudice to any rights that have accrued to either Party prior to the date of termination.   

 

9. Cancellation of Services

9.1 For individual Services, if the Customer cancels an appointment for any Services less than 24 hours prior to the scheduled Service time, the Customer will be liable to pay a minimum one-hour charge of AED 180.

9.2 Customers with maintenance contracts shall be notified of each scheduled Service via email or phone at least one (1) week prior. Should there be no confirmation received within two (2) business days, the Service shall be rescheduled. A Service can only be rescheduled once, otherwise it shall be forfeited, but remains chargeable.

 

10. Property Systems

10.1 In the event that the property systems, air conditioning, electrical and plumbing systems are not in good working order to allow Transguard to effectively carry out the Services, Transguard will provide a price to carry out the corrective maintenance which will be charged as an Additional Charge.

10.2 For the avoidance of doubt, Transguard cannot be held responsible for any loss or damage arising from any deficient property systems.

 

11. GOVERNING LAW:

This Agreement, and any non-contractual obligations connected with it, shall be governed by, and construed in accordance with, the laws of Dubai and the Federal laws of the United Arab Emirates, as applicable in Dubai.

 

12. DISPUTE RESOLUTION:

12.1 The Parties shall use their reasonable endeavours to and resolve any dispute arising out of or in connection with any provision of this Agreement (“Dispute”). Any Dispute shall be referred to and finally resolved by the Dubai Court, in accordance with the laws of the UAE.

 

13. GENERAL

13.1 Entire Agreement. The Parties agree to be bound by the terms of this Agreement, which represents the entire understanding and agreement between the Parties and supersedes all previous negotiations, understandings or previous agreements between them with respect to its subject matter.

13.2 Subcontractors. Transguard reserve the right to sub-contract any part or all of the services provided for under this Agreement to any third party at its sole discretion.