Effective date: 1st June 2024
1. Introduction
1.1 Overview
Welcome to AFS Airconditioning L.L.C, also known as AIRFLOW MIDDLE EAST. By engaging with our services and accessing our website at https://www.airflowinternational.com, you accept and agree to be bound by the following Terms and Conditions. These terms constitute a legally binding agreement between you and AFS Airconditioning L.L.C, governing your use of our services. Please read them carefully.
1.2 Definitions
"Service" refers to the MEP/HVAC and third-party testing and commissioning services provided in accordance with CIBSE, ASHRAE, NEBB, BSRIA, and CSA standards.
"Client" or "User" refers to any individual or entity that uses our services or accesses our website.
"We," "us," and "our" refer to AFS Airconditioning L.L.C.
"Terms" refers to these Terms and Conditions as amended from time to time.
2. Acceptance of Terms
By accessing our website or utilizing our services, you confirm your acceptance of these Terms and your agreement to be a party to this binding contract. If you do not agree to these Terms, you should not use our services or access our website.
3. Description of Services
3.1 MEP/HVAC Services
We offer Mechanical, Electrical, and Plumbing (MEP) services and Heating, Ventilation, and Air Conditioning (HVAC) solutions and other related services, designed to meet the operational requirements of commercial and residential buildings according to the highest industry standards.
3.2 Third-Party Testing and Commissioning
Our third-party testing and commissioning services ensure that all systems and components of a building are designed, installed, tested, operated, and maintained according to the operational requirements of the owner and standard practices.
4. User Eligibility and Registration
4.1 Eligibility
To use our services, you must be at least eighteen (18) years old or the age of legal majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement.
4.2 Registration
For certain aspects of our services, you may be required to register and provide certain information about yourself. You agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
5. Service Provision
5.1 Standards of Delivery
All services provided by us shall comply with the international standards including but not limited to CIBSE, ASHRAE, NEBB, BSRIA, and CSA guidelines.
5.2 Geographical Limitations
While our services are primarily provided in the UAE, UK, and Pakistan, certain services or aspects thereof may be limited based on geographical location, availability, or other legal and practical considerations.
6. Pricing and Payments
6.1 Pricing
The pricing for our services will be as stipulated in your service agreement or, in the absence of such agreement, as provided on our website or via our standard rate card. All prices are subject to applicable tax laws.
6.2 Payments
Payments are due upon receipt of an invoice, which will be issued following the completion of services or as otherwise detailed in the service agreement. Late payments may incur charges at the maximum rate permitted by law.
7. User Obligations and Conduct
7.1 User Responsibilities
You are responsible for all activities that occur under your account. You agree to ensure that all use of our services under your account complies with applicable laws and these Terms.
7.2 Prohibited Activities
You are prohibited from:
Misrepresenting the source or ownership of the services rendered.
Using the services to transmit or store material that is fraudulent, unlawful, tortious, defamatory, or invasive of another's privacy rights.
8. Intellectual Property Rights
8.1 Ownership of Intellectual Property
All materials, including software, processes, equipment, documents, trademarks, and brand features on our website or used in connection with our services, are the exclusive property of AFS Airconditioning L.L.C or its licensors. Except as explicitly stated herein, nothing in these Terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
8.2 License to Use
We grant you a non-exclusive, non-transferable, revocable license to access and use our services strictly in accordance with these Terms.
9. Confidentiality
9.1 Confidential Information
Confidential information refers to any proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, designs, drawings, engineering, marketing, finances, or other business information disclosed by us either directly or indirectly in writing, orally, or by drawings or inspection of parts or equipment.
9.2 Obligation
You agree to keep all received confidential information in strict confidence and not to disclose or use it except as necessary to perform your obligations under these Terms or as expressly authorized by us in writing.
10. Third-Party Links and Services
10.1 Third-Party Services
Our services may contain links to third-party websites or services that are not owned or controlled by AFS Airconditioning L.L.C. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
10.2 Disclaimer
Your use of any third-party services is at your own risk, and subject to the terms and conditions of those services. AFS Airconditioning L.L.C shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of such content, goods, or services available on or through such websites or services.
11. Warranties and Representations
11.1 Company Warranties
We warrant that the services will be performed competently and diligently and in accordance with the applicable professional standards. However, we do not warrant that the services will be completely uninterrupted or error-free.
11.2 User Representations and Warranties
You represent and warrant that you have the legal power and authority to enter into these Terms and that you will not use the services in a manner that violates any laws or regulations.
12. Limitation of Liability
12.1 Liability Cap
To the fullest extent permitted by law, AFS Airconditioning L.L.C shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
12.2 Exceptions
The limitations of liability set forth above do not apply to liability resulting from our gross negligence or willful misconduct.
13. Indemnification
13.1 Indemnity
You agree to defend, indemnify, and hold harmless AFS Airconditioning L.L.C, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the service;
your violation of any term of these Terms;
your violation of any third-party right, including without limitation any copyright, trademark, or privacy rights.
14. Service Modifications and Availability
14.1 Modifications to Services
We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice at any time.
14.2 Availability
We aim to provide the service as reliably as possible. However, there will be occasions when the service may be interrupted, including for scheduled maintenance, upgrades, emergency repairs, or due to failure of telecommunications links and/or equipment.
15. Termination of Services
15.1 Termination by User
You may terminate your use of our services at any time by providing us with written notice. Upon termination, you must cease all use of the services and any licenses granted to you under these Terms will immediately come to an end.
15.2 Termination by AFS Airconditioning L.L.C
We may terminate or suspend your access to the services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the services will cease immediately.
15.3 Effect of Termination
The termination of service will not affect any liabilities incurred before the termination or any provision of these Terms intended to continue to have effect after termination.
16. Dispute Resolution
16.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions.
16.2 Arbitration
In the event of any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, the parties shall first seek settlement of that dispute by mediation, administered by one of the accredited mediators based in the UAE, before resorting to arbitration.
16.3 Arbitration Process
If the dispute cannot be settled by mediation within thirty (30) days of the commencement of the mediation, then the dispute shall be referred to and finally resolved by arbitration under the rules of the Dubai International Arbitration Centre (DIAC), which rules are deemed to be incorporated by reference into this clause.
17. Force Majeure
17.1 Force Majeure Event
Neither party shall be liable for any failure to perform its obligations under these Terms if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party's reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party’s financial condition or negligence).
17.2 Notification and Mitigation
Upon occurrence of any Force Majeure Event, the affected party shall notify the other party and shall make all reasonable efforts to minimize any impact to the services.
18. Notices
18.1 Method of Notice
All notices under these Terms shall be in writing and shall be duly given when delivered by email or postal mail to the respective addresses you and we have provided.
18.2 Receipt of Notice
A notice is deemed received when the recipient, in accordance with the contact details provided, acknowledges having received that notice, unless it is sent outside of normal business hours, in which case it is considered received at the start of the next business day.
19. Amendments to the Terms
19.1 Right to Amend
We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on the website and effective immediately upon posting.
19.2 Your Continued Use
Your continued use of our services after any amendments or adjustments to these Terms constitutes your agreement to abide and be bound by the modified Terms.
20. Compliance with Laws
20.1 Legal Compliance
You agree to comply with all applicable laws, regulations, and ordinances relating to your use of our services, your activities under these Terms, and your purchase of items or services from us.
21. Severability
21.1 Severability of Terms
If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and will not affect the validity and enforceability of any remaining provisions.
22. Waiver
22.1 Non-Waiver
The failure of AFS Airconditioning L.L.C to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AFS Airconditioning L.L.C.
23. Feedback and Suggestions
23.1 Submission of Feedback
AFS Airconditioning L.L.C welcomes feedback, comments, ideas, improvements, or suggestions ("Feedback") from you regarding our services. You acknowledge that you are responsible for the Feedback you provide and that you, not AFS Airconditioning L.L.C, have full responsibility for the Feedback, including its legality, reliability, and appropriateness.
23.2 Non-Confidentiality of Feedback
Any Feedback you submit to us will be considered non-confidential and non-proprietary. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
24. Miscellaneous Provisions
24.1 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without AFS Airconditioning L.L.C’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AFS Airconditioning L.L.C may assign or transfer these Terms, at its sole discretion, without restriction.
24.2 Entire Agreement
These Terms constitute the entire agreement between you and AFS Airconditioning L.L.C regarding your use of the services, and supersede and replace any prior agreements we might have between us regarding the services.
24.3 Headings
The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
25. Contact Information
25.1 Contact Details
If you have any questions about these Terms, please contact us at:
Address: 913-B, Ibn Battuta Gate Offices, P.O. Box 114320, Dubai, UAE
Phone: 800-HVAC (4822), +971 4 420 2091
Email: afs@airflowinternational.com
25.2 Customer Support
Our customer support is available 9am - 6pm to address any issues you may encounter with our services or to answer any queries you may have regarding these Terms.