VENDOR LISTING TERMS AND CONDITIONS FOR ASK NYRA
1. INTRODUCTION AND DEFINITIONS
1.1. These Vendor Listing Terms and Conditions (“Vendor Terms”) govern the relationship between Ask Nyra(“Platform,” “We,” “Us”) and independent service providers (“Vendor,” “Service Provider,” “You”) listing services on the Platform.
1.2. By applying, subscribing, or accepting forwarded bookings from Ask Nyra, You agree to be legally bound by these Vendor Terms, UAE Federal Decree-Law No. 14 of 2023 on Modern Technology-Based Trade, and relevant UAE federal and local laws.
2. PLATFORM MODEL AND NATURE OF RELATIONSHIP
2.1. Forwarding Intermediary: Ask Nyra operates solely as a lead-generation and booking distribution marketplace. Ask Nyra forwards customer booking requests to the Vendor.
2.2. No Direct Employment or Agency: Nothing in these Vendor Terms creates a partnership, joint venture, employment, or direct agency relationship between Ask Nyra and the Vendor. The Vendor operates strictly as an independent contractor.
2.3. Direct Customer Contract: The legal contract for service performance is strictly between the Vendor and the Customer. Ask Nyra is not a party to the performance contract.
3. VENDOR ELIGIBILITY, LICENSING, AND COMPLIANCE
3.1. Trade Licensing: The Vendor warrants that it possesses a valid commercial license issued by the relevant UAE Department of Economic Development (DED/DET) or an approved Free Zone authority permitting the performance of the listed services.
3.2. Regulatory Compliance: The Vendor must maintain all mandatory local permits, health/safety approvals, professional certifications, and statutory insurances required under UAE law.
3.3. Staff Responsibility: The Vendor certifies that all personnel dispatched to customer locations are legally employed under valid UAE work visas and fully compliant with Ministry of Human Resources and Emiratisation (MOHRE) regulations.
4. SUBSCRIPTION FEES AND COMMISSION STRUCTURE
4.1. Monthly Subscription Fee: The Vendor agrees to pay a non-refundable recurring monthly subscription fee to maintain listing visibility on Ask Nyra. Subscription fees are payable in advance on the 1st of each calendar month in United Arab Emirates Dirhams (AED).
4.2. Per-Booking Commission: For every booking request forwarded by Ask Nyra and accepted by the Vendor, the Vendor agrees to pay Ask Nyra a agreed-upon commission fee.
4.3. Billing and Settlement: Ask Nyra will issue monthly invoices for subscription and per-booking commission fees. Failure to settle invoices within 7 business days will result in immediate listing suspension.
4.4. VAT Compliance: All fees charged by Ask Nyra are subject to 5% UAE Value Added Tax (VAT) in accordance with Federal Decree-Law No. 8 of 2017.
5. DIRECT PAYMENT COLLECTION BY VENDOR
5.1. No Platform Payment Collection: The Vendor acknowledges that Ask Nyra does not process, hold, or collect service payments from Customers.
5.2. Direct Collection: The Vendor is solely responsible for collecting payment (cash, card, or electronic transfer) directly from the Customer upon or prior to service completion.
5.3. Non-Payment Risk: Ask Nyra bears no liability or financial responsibility if a Customer fails, delays, or refuses to pay the Vendor for services rendered. The Vendor remains liable for Ask Nyra’s per-booking commission on forwarded bookings accepted by the Vendor.
6. SERVICE PERFORMANCE AND QUALITY STANDARDS
6.1. Punctuality & Professionalism: The Vendor agrees to fulfill all accepted bookings promptly, professionally, and in accordance with the specifications described on their Ask Nyra listing.
6.2. Transparent Pricing: The Vendor must honor the pricing, discounts, and terms listed on Ask Nyra. Surcharging or demanding unquoted fees from Customers upon arrival is strictly prohibited.
6.3. Cancellation & Rescheduling: The Vendor must notify both the Customer and Ask Nyra support immediately if unable to honor a booking. Unreasonable vendor cancellations or no-shows will result in penalties or account termination.
7. DATA PROTECTION AND CUSTOMER PRIVACY
7.1. Compliance with UAE PDPL: The Vendor acts as an independent Data Controller for customer personal data forwarded by Ask Nyra and must comply strictly with UAE Federal Decree-Law No. 45 of 2021 (PDPL).
7.2. Restricted Data Use: Customer contact information (names, phone numbers, addresses) provided to the Vendor must be used solely to fulfill the specific forwarded booking.
7.3. Prohibition of Direct Solicitations: The Vendor shall not use customer data obtained via Ask Nyra to send unsolicited direct marketing, build private databases, or bypass the Platform for future direct bookings.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
8.1. Indemnification: The Vendor shall fully indemnify, defend, and hold harmless Ask Nyra, its officers, directors, and employees against any claims, losses, damages, liabilities, fines, or legal expenses arising from:
- Death, personal injury, or property damage caused by the Vendor or its personnel.
- Vendor’s breach of UAE laws, licensing requirements, or tax obligations.
- Disputes between the Vendor and the Customer regarding service quality or payments.
8.2. Platform Limitation of Liability: Ask Nyra explicitly disclaims all liability for loss of profits, indirect damages, platform downtime, or technical interruptions affecting booking forwards.
9. PLATFORM MEDIATION AND ARBITRATION ROLE
9.1. Dispute Escalation: If a Customer files a complaint regarding a Vendor’s service, Ask Nyra may step in as an informal mediator.
9.2. Administrative Determination: Ask Nyra reserves the right to review dispute details and issue administrative findings (such as rating reductions, suspension of subscription, or account termination).
9.3. Final Adjudication: Ask Nyra’s informal mediation does not prevent either party from seeking legal remedies through the competent courts of the UAE.
10. TERM, SUSPENSION, AND TERMINATION
10.1. Term: These Vendor Terms remain in effect as long as the Vendor maintains an active subscription or listed profile on Ask Nyra.
10.2. Termination for Convenience: Either party may terminate the listing agreement by providing 15 days’ written notice prior to the start of the next subscription billing cycle.
10.3. Immediate Suspension: Ask Nyra reserves the right to immediately suspend or terminate a Vendor’s listing without prior notice in cases of:
- Expiry or revocation of the Vendor’s UAE trade license.
- Fraud, customer abuse, or severe quality complaints.
- Non-payment of subscription or commission fees.
11. GOVERNING LAW AND JURISDICTION
11.1. These Vendor Terms are governed by and construed in accordance with the federal laws of the United Arab Emirates and the local laws of the Emirate of Dubai.
11.2. Any dispute arising out of or in connection with these Vendor Terms shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates.