The Online Business Agreement serves as a fundamental legal instrument for companies conducting business through digital platforms in Saudi Arabia. It is essential for businesses offering online services, digital products, or operating e-commerce platforms within the Saudi market. This agreement ensures compliance with Saudi Arabia's evolving digital commerce regulations, including the E-commerce Law of 2019 and the Personal Data Protection Law. It is particularly relevant for businesses establishing online marketplaces, digital service platforms, or software-as-a-service offerings. The agreement covers crucial aspects such as electronic contracting, digital payments, data protection, platform usage terms, and cybersecurity requirements, while ensuring alignment with Saudi Arabian commercial laws and Sharia principles. It's designed to protect both service providers and business users while facilitating secure and compliant online transactions.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and commercial registration details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement, including technical and business-specific terminology
4. Services/Products: Detailed description of the online services or products being provided
5. User Accounts and Access: Terms regarding user account creation, maintenance, and access rights
6. Payment Terms: Payment obligations, methods, currencies, and processing terms
7. Data Protection and Privacy: Compliance with Saudi PDPL and handling of personal data
8. Intellectual Property Rights: Ownership and usage rights of content, software, and other IP
9. Platform Usage Rules: Rules and restrictions for using the online platform or service
10. Term and Termination: Duration of agreement and termination conditions
11. Confidentiality: Protection of confidential information exchanged
12. Warranties and Representations: Guarantees and statements made by both parties
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Governing Law and Jurisdiction: Specification of Saudi law application and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Service Level Agreement: Specific performance metrics and standards - include when offering technical services or platform access
2. Content Guidelines: Rules for user-generated content - include when platform allows user content
3. API Terms: Terms for API access and usage - include when providing API services
4. Marketplace Rules: Rules for sellers and buyers - include for marketplace platforms
5. Islamic Finance Compliance: Specific provisions ensuring Sharia compliance - include when dealing with financial services
6. Geographic Restrictions: Territory-specific terms - include when service has geographic limitations
7. Third-Party Services: Terms relating to integrated third-party services - include when using external service providers
1. Schedule 1 - Service Specifications: Detailed technical specifications of the online services
2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, charges, and payment terms
3. Schedule 3 - Service Level Metrics: Specific performance indicators and service levels
4. Schedule 4 - Data Processing Terms: Detailed terms for personal data processing and protection
5. Schedule 5 - Security Requirements: Technical and organizational security measures
6. Appendix A - Acceptable Use Policy: Detailed rules for acceptable platform usage
7. Appendix B - Privacy Policy: Detailed privacy terms and data handling procedures
8. Appendix C - Technical Integration Guide: Technical specifications for platform integration
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