Reference Number :
(60 )
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WHEREAS,
A. N.O.W owns, provides, operates and manages an online travel and tourism reservation and booking
B. The Second Party is an entity engaged in travel business and is desirous to purchase Products for
C. The Second Party represents and warrants to N.O.W that it has necessary knowhow, expertise, information, technical experience, licenses, approvals, permits and all other requisites required to onward sale of the Products to its Customers
D. Relying on the Second Party's above representation and warranty N.O.W agrees to provide access to the Integrated Platform on the terms and conditions of this Agreement.
IT IS AGREED AS FOLLOWS:
1. The above Preamble is an integral part of this Agreement and shall be construed accordingly.
2. Following documents shall be deemed to form, and be read, and construed accordingly, the whole
(a) this Agreement;
(b) Standard Terms and Conditions
(c) general terms and conditions as provided in
www.nowworld.com (incorporated by reference hereto)
(d) separately executed Visa services agreement (if agreed to by N.O.W and signed by N.O.W authorized signatory) in addition to this Agreement
(e) Any appendices attached hereto
3. The Agreement shall become effective as of the Effective Date and shall remain valid for a period of one year and will renew automatically unless terminated in accordance with the Standard Terms and Conditions.
4. The Second Party understands that in order to access Integrated Platform and purchase the Products on a credit basis, it must comply with the N.O.W Standard Terms and Conditions for credit customers at all time.
1. Introduction
This SLA determines the customer service level that define the working relationship between the Agent and N.O.W in order to maintain the Agent's use of the Integrated Platform and www.nowworld.com to conduct Bookings through effective management of the pre-arrival, in resort and post travel experience.
Agent’s Customer Support Response Grid (Within office hours)
Any queries received will be resolved according to the following timeframes:
| Resolution Time |
5 In-resort:
Same Day of Check In
|
1-2 Days Before Check In | 2+ Days before Check In |
|---|---|---|---|
| Confirmations | 2 - 3 Hours | 12 - 24 Hours | 48 Hours |
| Overbookings | 2 - 3 Hours | 12 - 24 Hours | 48 Hours |
| Amendment | 2 - 3 Hours | 12 - 24 Hours | 48 Hours |
| 4.2: Cancellation | 2 - 3 Hours | 12 - 24 Hours | 48 Hours |
| Special Request | 2 - 3 Hours | 12 - 24 Hours | 48 Hours |
| Other In-resort | 2 - 3 Hours | 12 - 24 Hours | 48 Hours |
| Waiver Charges | 3 - 4 Days | 3 - 4 Days | 3 - 4 Days |
Please note that in rare and exceptional circumstances the timelines stated above and below in
2. Description of Services:
2.1: Working Hours Phone Contact Details
The Agent’s N.O.W. Customer Support team are based in Cairo, Egypt. During the Abu Dhabi office hours of 08:30 — 19:00 Sunday — Thursday, the agent can call +971 (0) 2 3043301. If the Agent has a query that is urgent, please call in the first instance. If the query is outside of the Abu Dhabi office working hours, then please email support@nowworld.com with URGENT in the subject title and this will be answered as a priority by the N.O.W. online customer support as per 2.1.1.
2.1.1: Working hours' email Contact Details
The Agent must send all queries, requests and any chasers to support@nowworld.com. alternatively, the Agent can call on (+971) 600 540 052.
2.1.2: Out of Working Hours emergency contact
For any queries, that are an emergency AND outside of the Abu Dhabi office hours, the Agent is requested to call, N.O.W. out of working hours' emergency contact phone number +971 56 538 2466. Further the emergency contact is esclation@nowworld.com. An emergency is considered to be when a Customer is in-resort/in-hotel, i.e. – Customer is unable to check in, Customer being asked for payment in resort and any instances which will affect the Customer’s stay which cannot wait until the Abu Dhabi office is open.
2.1.3: Escalation point of contact
For any queries that are not answered within the timeframes above, or any feedback on the Customer Support Team, please contact in the first instances Mr. Ahmed Wahid, at ahmed.wahid@nowworld.com or +20 0111 498 8812.
3.Post Booking:
3.1: Hotel Confirmations
All of the Agent's Bookings will be confirmed by N.O.W within the above timeframes mentioned in Article 1 of this SLA subject to availability as set out in Clause 3 of the Standard Terms and Conditions. The confirmation number from the hotel/resort will be added to the Booking, after the 'Lead Guest' name which can be seen on the Agent's N.O.W website. The Agent should always check here first. If there is no confirmation number displayed AND it is outside the above timeframe, then the Agent should send an email to support@nowworld.com. The hotel/resort may refuse to accept the Booking at their discretion. The Agent will be notified of any refusal as soon as N.O.W is made aware of this. N.O.W will always use best endeavours to get the Booking reconfirmed. As a last resort, the Booking will have to be treated as a relocation.
3.2: Short Notice Bookings
A short notice Booking is considered to be a Booking made within 2 days of travel. N.O.W. will reconfirm all of these Bookings as per the above timeframes and the hotel confirmations process in Clause 3.1 above.
3.3: Pricing Errors
Despite N.O.W.’s best efforts, on rare occasions pricing errors may occur in the Integrated Platform and/or N.O.W. website. Should N.O.W. discover a pricing error on a confirmed Booking, N.O.W. will take action to resolve the error and give the Agent the opportunity to reconfirm at the correct cost, or alternatively, N.O.W. can cancel the reservation and issue a full refund. N.O.W. will be under no obligation to honour any pricing errors, particularly, when an obvious error has been made.
4 Pre-arrival:
4.1: Amendments
Any amendments required to an existing Booking must be made in writing to N.O.W. on support@nowworld.com. Whilst N.O.W. will always try to assist, N.O.W. cannot guarantee that such requests will be met. Amendments can only be accepted in accordance with the terms and conditions of the hotel/resort. The hotel/resort’s terms may stipulate a fee payable for alternatives or may treat them as a cancellation, attracting cancellation charges. Any costs associated with the amendment will be passed on to the Agent. The Agent must have received written confirmation of any changes to the Booking prior to travel, provided that obtaining any such confirmation will be the sole responsibility of the Agent and N.O.W. will not be held responsible for the same.
4.2: Cancellation
For all cancellations, the Agent must always proceed to cancel through the Integrated Platform / www.nowworld.com using the 'cancel bookings' section. Any cancellation charges that may apply in order to cancel the Booking will be displayed before the cancellation is confirmed. Should any issues occur, the Agent can contact N.O.W. for assistance on support@nowworld.com Cancellations must be sent by the party making the Booking and named on the confirmation invoice. The cancellation request will be effective on the date the Agent receives a written confirmation of cancellation from N.O.W.
4.3: Waiving Charges
Sometimes cheaper rates are available for a specific stay, product or service, however, these rates made available by hotels/resorts may carry special restrictions and conditions, for example non cancellable and non-refundable. The Agent must check all relevant details such as service and reservation conditions and details thoroughly for any such conditions prior to making the Booking. N.O.W will request hotels/resorts to waiver these charges for exceptional circumstances only. Exceptional circumstances would be a death or serious illness of the Customer, or within the Customer’s immediate family. This will be done as a request and is therefore not guaranteed. If the hotel/resort decides to adhere to the charges, then these charges will apply to the Agent.
4.4: Relocation Pre-arrival
A relocation is a situation in which the original hotel/resort is not available after the confirmation of the Booking. N.O.W. will ensure that the original hotel/resort is not available at the same or superior room type. If this is the case and N.O.W. cannot get the Booking reconfirmed, then the Agent will be notified by e-mail with;
1) An alternative which will be considered the 'best option' available as listed below.
2) If after talking to the Customer, the alternatives provided are rejected, then the Agent should provide N.O.W. with at least 2 alternatives that the Customer will accept and is within the same cost as the original Booking.
3) If N.O.W. cannot book one of these alternatives, then N.O.W. will authorise the Agent to resolve
Definition of "Best Option"
4.5: Special Requests
All special requests need to be made or advised at time of Booking. All requests are sent to the hotel/resort however cannot be guaranteed. The following Special Requests can be requested through the Integrated Platform / www.nowworld.com; and agent should mention us the late check in check out time or client designation for VIP request. The Agent will need to confirm acceptance of this cost in writing before N.O.W can secure the special request.
4.6: Web error booking
In the case of a Booking errors, the Agent will get a message to say that there has been an error and some elements of the Booking may not have confirmed. The Agent will be instructed to call N.O.W. where N.O.W. will need to check whether the Booking has confirmed or not. N.O.W. must be contacted in these cases before an attempt is made to confirm the Booking against as any
4.8: Nationality
N.O.W. must be advised, at the Booking stage of the first person named Customer on the Booking, of their specific nationality and residency. We will assume that the first named person will have the same nationality and residency as the Agent, i.e. Egyptian national and resident of Cairo, the Agent's head office unless advised otherwise. Hotels/resorts may charge a supplement for any person named on a Booking who is a national of, or resident in, a different country to the Agent's head office. N.O.W. cannot be held liable for any extra supplements when N.O.W. have not been made aware of the first named person nationality in advance.
4.9: In-resort Fees and City Taxes
Resort fees and city tourist taxes are now charged by hotels/resorts in some areas such as (but not exclusively)Florence, Rome, Las Vegas, Florida, Cologne, Budapest, Ibiza, Majorca, United Arab Emirates India and Malaysia and some part of France and Switzerland. These charges are determined by the hotel/resort or city councils and are subject to change. They cannot be prepaid
4.10: Bed configuration
N.O.W. are unable to guarantee the bed configuration in any accommodation booked through us. Single, double, triple and quad rooms refer to the number of adults in any room not the amount of beds. In addition to this, whilst N.O.W. can guarantee there will always be enough bed space for all guests, in some instances children will be required to share with parents using existing bedding. In situation that children may require extra bed because the Agent did not inform properly the children details, N.O.W. will not be liable for any compensation.
4.11: Changes of facilities
In case that suppliers inform N.O.W. about any hotel/resort facility being closed, in renovation,
5 In-resort:
5.1: Relocations
With in-resort/in-hotel incidents, the Customer must contact N.O.W. on the emergency numbers shown on the Agent's documentation. The Customer will receive the alternative hotel/resorts being offered upon arrival at the original hotel/resort booked. Failure in this being received at check-in the Customer must call the emergency number on their vouchers/booking receipt immediately.In case the Customer does NOT accept any of the alternative accommodation options offered in the first place (whether Before Arrival or On the Spot) the following options will be proposed:
In the event that the Customer accepts the alternative hotel/resort being offered the hotel should arrange transfers to the alternative and these costs should be covered. However, in instances when this cannot be provided the Customer will have to organise transportation and keep the receipts where upon return, N.O.W will refund this back to the Agent.
5.2: In-resort/In-hotel: Other
If the Customer has a complaint while staying at the hotel/resort, they must inform the hotel/resort management immediately, in order to give them the chance to resolve the problem. The Customer may lose any right to compensation if they fail to do so and will compromise any future action or claim. If the Customer cannot resolve their complaint locally and they wish to move hotel/resorts, then the Customer must call the Agent to arrange this. The Agent will need to contact N.O.W., to advise of the full details of the problem including what has occurred and exactly why the Customer is not satisfied. N.O.W. will at no point be required to deal or interact with the Customer directly and all Customer concerns/queries must be routed to N.O.W. through the Agent
5.3 No Shows
In the event that the Customer cannot travel on their confirmed booking and will not be arriving at the hotel/resort then N.O.W. need to be advised as soon as possible so that N.O.W. is able to advise the hotel/resort. Charges applied to the Booking will be at the hotel/resort’s discretion. However, the soonest that the hotel/resort the greater the chance of retrieving any costs back.
6 Post travel queries: Complaints
It is of utmost importance that any complaints are reported to N.O.W. or hotel/resort at the time of occurrence, so that N.O.W / hotel / resort may have opportunity to rectify the issue from the outset. The failure to report any issues locally, may extinguish any claims made upon return.
If any in-resort complaints remain unresolved, the Agent must inform N.O.W. within 28 days of the
This freelance agreement (the "Agreement") is dated as stated in the Particulars and is entered at the Emirate of Abu Dhabi, by and between:
Nirvana Over the World (N.O.W) LLC, a limited liability company, having commercial license no. CN - 2501462, with its registered offices at P.O Box 41818, Abu Dhabi, United Arab Emirates (hereafter, the "Company");
and
The Freelancer (as named in the Particulars with all his/her credentials) The Freelancer and the Company may be referred to individually as a "Party" and collectively as the "Parties"
IT IS AGREED AS FOLLOWS
1. Definitions: As used in this Agreement:
"Services" shall be used to refer to the following specific freelance services that the Freelancer will provide to the Company under the terms and conditions set forth herein:
(a) to market, solicit, and sell the Company’s products uploaded on its online travel and tourism system to customers at the designated destinations.
"Fee" shall be used to refer to the payment the Company will pay to the Freelancer for the rendering of the Services. Specifically, the fees shall be as follows:
(a) [2% Monthly commission on total sales
2. Engagement: Subject to the terms and conditions of this Agreement, the Freelancer hereby agrees to render the Services to the Company, and the Company agrees to pay the Freelancer the Fees upon receiving the booking amount in clear funds in its bank account.
3. No Employment: Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the other's activities and operations, and its status at all times will continue to be that of an independent contractor relationship.
4. No Location Restrictions: The Freelancer will only use that equipment, including electronic equipment, which is provided by the Company (if any), and Freelancer does not maintain any equipment at the Client's place of business. Freelancer may work anywhere. Freelancer chooses.
5. Booking Confirmation: the Company will not confirm a booking nor issue any booking voucher unless the Freelancer has completed the payment of the product, whether via credit card, bank transfer, or cash deposit. Company will not be responsible for any booking or sale of a product if the payment was not settled in full in advance.
6. No Specific Hours: There will be no specific timing that Freelancer works. Accordingly, it is agreed that Fee shall be the only compensation of the Freelancer for the performance of the Services. It is irrevocably agreed between the Parties that Freelancer shall not be entitled to any other compensation of whatsoever nature. Freelancer shall be solely and exclusively responsible for any expenses incurred under this Agreement. The Company shall have no part in paying or reimbursing expenses.
7. Sub freelancers: The Freelancer shall not be permitted to use sub freelancers in the provision of Services to the Company. Freelancer was hired specifically for Freelancer's own skillset and may not outsource any work.
8. Payment of Fees: The Freelancer shall invoice the applicable Fee monthly that shall be settled by the Company upon receipt of an invoice within 30 calendar days. The Fee is inclusive of VAT.
9. Intellectual Property: The Freelancer agrees that all work product, inventions, trade secrets, and confidential and/or proprietary information conceived, created, or developed by the Freelancer which is related to the Company's actual business or research and development or developed, made, or discovered by Freelancer in the course of the performance of Freelancer's duties for the Company, i.e. anything created through the provision of the freelance Services, shall be the property of the Company. Freelancer hereby assigns to the Company the entire right, title, and interest in and to all work created and in and to all proprietary rights therein or based thereon, including without limitation any and all copyrights, patents, trademarks, or other intellectual property rights relating to all work. Nothing contained in this provision shall limit the ability to use any concrete work product created for Freelancer's own portfolio after such work product has been made public by the Company.
10.1 Freelancer hereby acknowledges and agrees that Client possesses certain non-public Confidential Information (as herein after defined) and may also possess Trade Secret Information (as hereinafter defined) (collectively the "Proprietary Information") regarding their business operations and development. The Parties agree that the Proprietary Information is secret and valuable to the Company and that Freelancer may have access to the Company's Proprietary Information. Each of the Parties desires to maintain the secret and private nature of any Proprietary Information given. Confidential Information refers to any information which is confidential and commercially valuable to the Company. The Confidential Information may be in the form of documents, techniques, methods, practices, prices, rates, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs or other oral or written knowledge and/or secrets and may pertain to, but is not limited to, the fields of research and development, forecasting, marketing, personnel, customers, suppliers, intellectual property and/or finance or any other information which is confidential and commercially valuable to Client.
10.2 Confidential Information shall not mean any information which:
(a) is known or available to the public at the time of disclosure or became known or available after disclosure through no fault of Freelancer.
(b) is already known, through legal means, to Freelancer.
(c) is given by Client to third parties, other than Freelancer, without any restrictions.
(d) is given to Freelancer by any third party who legally had the Confidential Information and the right to disclose it; or
(e) is developed independently by Freelancer, and Freelancer can show such independent development.
"Trade Secret Information" shall be defined specifically as any formula, process, method, pattern, design or other information that is not known or reasonably ascertainable by the public, consumers, or competitors through which, and because of such secrecy, an economic or commercial advantage can be achieved.
10.3 Freelancer hereby agrees to:
(a) Not disclose the Proprietary Information via any unauthorized means to any third parties throughout the duration of this Agreement and the Parties' relationship with each other.
(b) Not disclose the Confidential Information via any unauthorized means to any third parties for a period of 3 (three) years following the termination of this Agreement.
(c) Not disclose the Trade Secret Information forever, or for as long as such information remains a trade secret under applicable law, whichever occurs first, to any third party at any time.
(d) Not use the Confidential Information or the Trade Secret Information for any purpose except those contemplated herein or expressly authorized by Client.
11.Indemnity:The Freelancer shall be liable to defend and indemnify the Company against any loss, liability, or third party claim that arises due to the actions, inactions, omissions of the Freelancer while performing the Services. Such rights of the Company shall not be prejudiced by the ermination of this Agreement.
12.1 This Agreement shall become valid on the Effective Date and shall remain valid for a period of six (6) months unless terminated earlier by the Company in accordance with the provisions of Clause 11. Upon expiry of the Agreement, the Agreement shall terminate automatically without the need of any prior notice or court order unless it is renewed by the Company expressly in writing for another term. No implied renewal of this Agreement shall be considered by the Parties.
12.2 This Agreement may be terminated by the Company at its convenience without assigning any reason upon serving five (5) calendar days prior written notice.
12.3 This Agreement may be terminated by either Party upon notice in writing:
(a) if the other Party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days or that should have been remedied within fourteen (14) days after a written request and was not.
(b) if the other Party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform.
No on-going relationship between the Parties is contemplated, and the Company may not assign additional work to Freelancer. The Parties may decide, through an addendum to this Agreement, to expand the scope of Services, but such Agreement may only be in writing and with explicit terms.
13.1 This Agreement shall be governed in all respects by the laws of the Emirate of Abu Dhabi and federal laws of the United Arab Emirates to the extent that applies in the Emirate of Abu Dhabi. Any dispute that remains unresolved between the parties shall be subject to the exclusive jurisdiction of the competent courts of Abu Dhabi.
13.2 This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.
13.3 This Agreement may only be amended in writing signed by both Parties.
13.4 None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
13.5 If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
13.6 This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
13.7 Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
13.8 This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
13.9 The Freelancer shall, upon the execution of this Agreement, sign and comply with the terms and conditions agreement for accessing and using the Company’s online system.
13.10 Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail, or email, to the address of the relevant Party set out at the head of this Agreement.
In case of any clarification, you may reach out to sales@nowworld.com
