Terms and Conditions

General Terms and conditions

These terms and conditions ("Terms", "Agreement") are an agreement between DKTS ("DKTS", "us", "we" or "our",M&V) and you ("User", "you" or "your"). This Agreement sets forMath the general terms and conditions of your use of the manandvan.com website and any of its products or services (collectively, "Website" or "Services").

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 legislationof 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 DATE means the date the Services are commenced.

EMPLOYEE means an individual employed by DKTS to perform the Services for the Customer.

PREMISES means the place where the Customer requires that the Services are performed.

SERVICES : means the Services to be performed by Man And Van as purchased by the Customer.

SERVICE CHARGE means DKTS fees and charges to perform the Services which are calculated dependingon the size of the Premises.

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

UAE means 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.Manandvan.ae and will be delivered to the address or location specified by the Customer.

2.3 All persons using and purchasing the Services on DKTS website at www.Manandvan.ae must be over 18.

3. Payment of Service Charges

3.1 The Customer will, in consideration of the Services provided by DKTS, pay the Service Charge online or as otherwise agreed, through;
i. debit or credit card;
ii. bank transfer; or
iii. cheque made payable to ‘DKTS’.

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, DKTS may suspend Services until payment has cleared.

3.4 The Customer will receive delivery confirmation of all purchases made online via www.Manandvan.ae by email .

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 DKTS incurs any additional cost or expense outside DKTS 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 DKTS 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 DKTS reserves the right, exercisable in its absolute discretion, to apply a late payment fee, at the rate of2% per month, to all amounts unpaid beyond their due date.

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

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

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

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

4. DKTS RESPONSIBILITIES

4.1 DKTS will provide any Consumables and spare parts required to perform the Services and, unless agreedotherwise in writing, charge back to the Customer as an Additional Charge. Any consumables, materials or spare parts will be subject to availability. Those items that are required to complete a job will be charged at the cost price plus 15%. Spare parts, consumables, and materials are all chargeable for Essential and Executive contracts. Free spares and consumables are offered for Elite Contracts as per DKTS List, which is available on our website www.manandvan.ae . The list can be made available upon request.

4.2 In the event that Services cannot be performed due to adverse weather conditions, Man And Van will reschedulethe Services at no additional cost to the Customer.

4.3 DKTS is committed to attending to callouts, whether these be emergency or non-emergency, accordingto the response times set out in the contract/DKTS website/promotional literature. DKTS will not be held responsible for any damage (including that caused by water or fire) to the customer’s property, in the intervening time between the receipt of the callout request by the customer, and the arrival of the DKTS team.

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 DKTS, 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, DKTS reserves the right to charge the Customer a minimum fee of AED 280.

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

5.3 The Customer shall provide DKTS 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 endeavor to be present while the Services are being carried out.

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

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

6. WARRANTIES AND REPRESENTATIONS:

DKTS 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 DKTS, 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 DKTS and to keep DKTS 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 DKTS arising as a result (direct or indirect) of any liabilities of whatever nature accruing to DKTS 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 DKTS may suspend or terminate this Agreement immediately in the event that the Customer fails to payany sum that has become due and payable to DKTS 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 DKTS discretion and shall, in any event, exclude the value of materials purchased by DKTS for the provision of Services. If Man And Van 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 150.

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 DKTS to effectively carry out the Services, Man And Van 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, DKTS cannot be held responsible for any loss or damage arising from any deficient property systems.

11. Excessive Routine Call Out Consumption

When a contract is ‘active’, DKTS will attendallcallouts, and of course, Executive and Eite contracts benefit from unlimited callouts.
However, during the annual contract period, if the total number of non-emergency (routine) callouts exceeds either 15 callouts for an apartment, or 35 callouts for a villa (Including Masonry and Carpentry), DKTS will have the right to charge for any additional callouts at a discounted rate for contract customers of AED 225 per callout for 2 hours labour time and additional hours at AED 100 per hour.

12. 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.

13. DISPUTE RESOLUTION

13.1 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 DubaiCourt, in accordance with the laws of the UAE.

14. GENERAL

14.1 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.

14.2 Subcontractors. DKTS 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.

15. Terms and conditions for Annual Maintenance Package (shown on our website and promotional literature)

* Response time subject to traffic conditions
** During the annual contract period, if the total number of non-emergency (routine) callouts exceeds either 15 callouts for an apartment, or 35 callouts for a villa (****Including Masonry and Carpentry), DKTS will have the right to charge for any additional callouts at a discounted rate for contract customers of AED 225 per callout for 2 hours labour time and additional hours at AED 100 per hour.
*** Free spares and consumables are offered for Elite Contracts as per DKTS List, which is available on our website www.manandvan.ae . The list can be made available upon request.