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Terms & Conditions

Terms & Conditions
  • Terms & Conditions

    In consideration of District Cooling Services (DCS) provided by Alpha Utility Services L.L.C. at the address indicated herein, the Unit Owner/Tenant specifically agrees to the following Terms and Conditions:

    • Definitions
      • “Unit Demand Load” means the maximum air conditioning cooling capacity measured in Tons that the Building Owner has estimated as being the maximum capacity required to be made available by Alpha Utilities L.L.C. to be supplied to cool the Building Unit.
      • “Consumption” means the amount of chilled waters used to cool the Unit during a given period as measured by the Metering Equipment and calculated at the Consumption Charge Rate at the prevailing rate.
      • “Unit Owner/Tenant” is a Unit Owner (whether as a freeholder or a leaseholder), Unit tenant or other Unit occupier in the Building, including the Building Owner in such capacity, to whom DCS is supplied by Alpha Utilities (hereinafter referred to as the “Unit Owner/Tenant”)
      • “DCS” means district cooling services, being the provision of Chilled Water to the Building for the purpose of providing air-conditioning to the Unit.
      • “Capacity Charge” means the monthly fixed charge levied upon the Unit Owner/Tenant by Alpha Utilities L.L.C. for providing connectivity to the DCS which shall be calculated on the basis of the total unit size.
      • “Force Majuere” means an event outside the control of the Parties being
        • an act of God,
        • war, outbreak of hostilities, riot, sabotage, civil disturbance, acts of terrorism, labour dispute or disturbance or the exercise of authority or regulation by governmental or military authorities or
        • (save where caused by the deliberate or reckless act of the Party claiming a Force Majeure event has occurred) action of the elements, storm, flood, fire, or explosion or any other analogous cause completely outside the control of the Parties.
      • “Party” or “Parties” means either or both of Alpha and the Unit Owner/Tenant, as the context requires.
      • “Prevailing Rate” means the rate that Alpha Utilities L.L.C. currently charges its Unit Owner/Tenants for the provision of DCS, which is subject to change from time to time, at Alpha Utilities discretion, and/or when there is change in the cost of providing DCS.
      • “Unit” means a defined part of a Building, leased or owned by a Unit Owner and/or Unit Tenant.
      • “Unit Tenant” means the tenant and/or occupant of the Unit.
      • “Unit Owner” means the freeholder and/or leaseholder of the Unit.
    • Terms and Conditions
      • Availability of Service Alpha Utilities agrees to use all reasonable effort to furnish a continuous supply of DCS to the Unit Owner/Tenant up to the Unit Demand Load at the address stated herein and Unit Owner/Tenant agrees to receive Alpha Utilities L.L.C. supply of DCS.
      • Standard Conditions of Service (DCS)
        • The Unit Owner/Tenant agrees at all times to conform and abide by the Standard Conditions of Service (DCS) for all DCS Unit Owner/Tenants currently in force from time to time.
        • The Unit Owner/Tenant shall have the right to request, and Alpha Utilities L.L.C. shall make available, the Conditions of Service current at any moment in time.
        • The failure of Alpha Utilities L.L.C. to demand strict performance of the Conditions of Service or to exercise any right conferred by the Conditions of Service, shall not be construed as a waiver or relinquishment of Alpha Utilities L.L.C.’s right to assert or rely upon any such terms or rights in the future.
        • The Unit Owner/Tenant acknowledges and accepts that Alpha Utilities L.L.C. shall have the right to adjust its rates and charges, at Alpha Utilities L.L.C.’s discretion, and/or when there is change in the cost of providing DCS.
      • Charges
        • Installation Charge Alpha Utilities L.L.C. will charge the Unit Owner/Tenant a one-time fee of AED 100/- non-refundable installation charge for the supply of DCS.
        • Capacity Charge Alpha Utilities L.L.C. will charge the Unit Owner/Tenant a Capacity Charge in advance on a monthly basis of the Term at the prevailing rate.
        • Consumption Charge Alpha Utilities L.L.C. will charge the Unit Owner/Tenant on a monthly basis, in arrears, at the prevailing rate, a Consumption Charge per unit of consumption based on the meter installed for the apartment’s DCS in the Building.
        • Service Charge The Unit Owner/Tenant acknowledges and accepts that Alpha Utilities L.L.C. has the right to charge the Unit Owner/Tenant a nominal Service Charge per meter, at the charge rate in effect at the time, or on a quarterly basis to cover the testing and maintenance of each meter installed in the Unit.
        • Meter Transfer Charge The Unit Owner/Tenant acknowledges and accepts that Alpha Utilities L.L.C. has the right to charge a new Unit Owner/Tenant a Meter Transfer Charge, at the charge rate in effect at the time, at the time of being requested to transfer a meter to a new Unit Owner/Tenant.
        • Reconnection Fee In the event of nonpayment of outstanding dues towards the unit, the DCS maybe be suspended. In order to resume the service a reconnection fee of AED 1,000/- will be charged.
      • Payment
        • Unit Owner/Tenant agrees to pay all charges, including but not limited to, the capacity charges and consumption charges within the period specified on the invoice for at Alpha Utilities L.L.C.’s Rates and Charges prevailing at the time.
        • The Unit Owner remains responsible for all charges during the period the Unit is vacant, and/or the DCS account remains in the Unit Owners name. In all cases, the Unit Owner bears the risk of non-payment by the Unit Tenant, and in the event payment for DCS is not made, the Unit Owner is responsible for any unpaid balance on the account and all reconnection charges if service is terminated for non-payment.
        • The provision of DCS to a Unit Owner/Tenant is contingent upon payment of all charges due from the Unit Owner/Tenant. Failure by a Unit Owner/Tenant to settle an Invoice within fourteen (15) days after the Invoice was due shall give the right to Alpha Utilities L.L.C. to suspend the supply of DCS to the Unit Owner/Tenant. Suspension of DCS will then only be lifted by Alpha Utilities L.L.C. following cleared payment by the Unit Owner/Tenant of outstanding Invoices and any reasonable accruing financial costs. Alpha Utilities L.L.C. at its sole discretion may charge a reconnection fee of AED 1,000/-, current at the time, for the resumption of DCS. During the period where the service has been suspended, the Unit Owner/Tenant will continue to incur the fixed capacity charges on a monthly basis.
        • Collection Costs Unit Owner/Tenant hereby agrees to pay the Alpha Utilities L.L.C.’s costs of collection, as often as such costs may be incurred, of any amounts which may become payable to the Alpha Utilities L.L.C. for DCS but which are not paid when due. Such costs shall include, but not be limited to, cheque bounced charges (AED 500/-), fees charged by a collection agency, attorney’s fees, and court costs. In the event the Unit Owner/Tenant does not honor its obligations in this Agreement by the due dates, Alpha Utilities L.L.C. is entitled to take any legal action it deems appropriate.
        • Security Deposit Unit Owner/Tenant understands and agrees that a security deposit may be required in an amount to be determined by Alpha Utilities L.L.C. When an account is closed, the deposit will be either refunded or at Alpha Utilities L.L.C. discretion applied to any outstanding balance on the final bill. If there is a credit balance on the final invoice for the supply of DCS, a check for the credit amount or cash equivalent will be issued to the Unit Owner/Tenant.
      • Transfer of Service DCS may be transferred by proper assumption of the payment responsibility by a Unit Owner/Tenant acceptable to Alpha Utilities L.L.C. and upon completion of an application for service by another Unit Owner/Tenant. In the event that the Unit remains unoccupied, the Unit Owner/Tenant will remain responsible for DCS charges and the DCS account will remain in the Unit Owner/Tenants name until another Unit Owner/Tenant requests service or until the Unit Owner/Tenant requests a transfer of service.
      • Termination by Force Majeure The obligations of each Party hereto shall be suspended for the period of and to the extent that such party is prevented or hindered from complying therewith by a Force Majeure event as defined in Clause 1.6 of this Agreement and the applicable provisions of the Standard Conditions of Service (DCS). This Agreement may be terminated by either party if the other Party is materially hindered from performing its obligations under the Agreement for a continuous period of one hundred and eighty (180) days.
      • Limitation of Liability and Indemnity
        • Alpha Utilities L.L.C., its officers, directors, employees, affiliates and agents, and any other person who serves at the request of Alpha Utilities L.L.C. (in each case, an “Indemnified Person”) will not be liable for any personal injury, loss or damage to property, any loss of life or otherwise whether or not arising from or incidental to the sale and delivery of DCS (including but not limited to any DCS interruptions), any mistake in judgment, any act performed or omission made by Alpha Utilities L.L.C., or an Indemnified Person.
        • If Alpha Utilities L.L.C. fails to deliver DCS in accordance with the terms and conditions of this Agreement due solely and directly to an act or omission by Alpha Utilities L.L.C. or an Indemnified Person, other than those acts or omissions beyond their reasonable control as defined in Clause 1.6, then Alpha Utilities L.L.C.’s maximum liability will be to adjust the Consumption Charge then in effect, based upon the proportion of the period and the degree to which DCS was reduced.
        • In no event shall Alpha Utilities L.L.C. or any Indemnified Person be liable to the Unit Owner/Tenant and/or to any third party for any indirect, special, punitive, incidental, consequential loss or exemplary damages including, without limitation, loss of revenue, loss of profits, loss of Unit Owner/Tenants, clients, business opportunities or goodwill whether based upon breach of contract, negligence, tort, or otherwise.
        • Notwithstanding the generality of Sub-Clause 2.7.1, any liability of Alpha Utilities L.L.C. shall be reduced by the amount of any insurance recovery of the Unit Owner/Tenant.
      • Disclaimer of Warranties
        • Except as provided by Alpha Utilities L.L.C. in writing, Alpha Utilities L.L.C. disclaims, and the Unit Owner/Tenant waives, all other representations and warranties, expressed or implied, regarding the provision of DCS, including any warranty of merchantability or fitness for a particular use, and in particular, without limiting the foregoing Alpha Utilities L.L.C. does not warrant that the DCS will be uninterrupted.
        • The Laws and Regulations of Dubai, U.A.E. shall govern the Agreement herein for the supply of DCS to the Unit Owner/Tenant.
      • Certification Unit Owner/Tenant warrants that all the information provided herein is true and correct and understands that false and misleading information shall be a cause for termination of this Agreement.
Privacy Policy
  • Privacy Policy

    Alpha Utility Services L.L.C. is fully committed to safeguard your personal information. Alpha Utility Services L.L.C. must obtain some basic personal information like Name, address, telephone number, Email address etc. from you to provide you with the services and products. This information is helpful to both Alpha Utility Services L.L.C. and you to provide services easily and to contact you in time. From time to time, Alpha Utility Services L.L.C. may request your valuable feedback for the evaluation of the services. Alpha Utility Services L.L.C. might invite you to actively participate in polls or surveys that may be posted on our website or mailed to you directly. Participation in survey or polls is completely voluntary.

    Alpha Utility Services L.L.C. only uses your personal information to provide you the service at your account, to take your feedbacks, to take suggestions regarding any improvements, and to update you about additional products or services that may be of interest to you.

    Alpha Utility Services L.L.C. does not leak your personal information to third parties who does spamming. Alpha Utility Services L.L.C. however, may share selected information under certain conditions as part of normal business operations under confidentiality agreements.

    Our site may contain links to other Web sites. Alpha Utility Services L.L.C. is not responsible for the privacy practices or the content of such Web sites.

    Terms of Use:

    By visiting Alpha Utility Services L.L.C. site you are agreeing to be bound by the following terms and conditions. Alpha Utility Services L.L.C. may change these terms and conditions at any time without notice. Your continued use of Alpha Utility Services L.L.C. website means that you accept any new or modified terms and conditions that we come up with. Please re-visit the `Terms of Use' page at our site from time to time to stay abreast of any changes that Alpha Utility Services L.L.C. may introduce.

    The term Alpha Utility Services L.L.C. is used through this entire Terms of Use document to refer to the website, its owners and the employees and associates of the owners.

    Registration of Account and Transactions:

    By registering, you certify that all information you provide, now or in the future, is accurate and you agree to the following:

    1. To keep your Password safe at all times and not to disclose it to any other person.
    2. To ensure that your computer is kept free of viruses and Trojans.

    By Registering you also acknowledge, understand and agree that your account cannot be sold, transferred or lent to any third party and it is prohibited to allow any third party to use your account and/or to accept to use the account of any third party.

    You also agree that all transactions you make on this website must be made with your own credit card and that failure to do so will prompt an investigation and result in possible legal action.

    Alpha Utility Services L.L.C. reserves the right at its sole discretion and without notice to deny you access to you account, this website or any portion thereof for the following reasons:

    1. For any unauthorized access or use by you or a third party.
    2. For credit card payments made on a third party credit card.
    3. In case you attempt to and/or assign or transfer any rights granted to you under this Agreement.
    4. If you violate any of the other terms and conditions of this User Agreement.

  • Copyrights:

    Alpha Utility Services L.L.C. website as well as the design and information contained in this website is the valuable, exclusive property of Alpha Utility Services L.L.C. and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. You agree not to repeat or rebroadcast in any way any of the information made available on Alpha Utility Services L.L.C. website for any reason whatsoever. You agree that if you do repeat or re-post any of the information made available on Alpha Utility Services L.L.C. website by any mean, you will be liable for actual and punitive damages as determined by Alpha Utility Services L.L.C. and additional damages to be determined by the UAE courts.

  • Delays in Service:

    Alpha Utility Services L.L.C. (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Alpha Utility Services L.L.C. has no responsibility to provide you access to Alpha Utility Services L.L.C. website while interruption of Alpha Utility Services L.L.C. website is due to any such cause shall continue.

  • Indemnification:

    YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Alpha Utility Services L.L.C. (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO:

    1. YOUR ACCESS AND USE OF Alpha Utility Services L.L.C. WEBSITE.
    2. ANY NON-COMPLIANCE BY YOU THE USER WITH THE TERMS AND CONDITIONS HEREOF.
    3. ANY THIRD PARTY ACTIONS RELATED TO USERS RECEIPT AND USE OF THE INFORMATION, WHETHER AUTHORIZED OR UNAUTHORIZED.

    Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by Alpha Utility Services L.L.C..

    Conflicting Terms:

    If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Alpha Utility Services L.L.C..

  • General Agreements:

    This User Agreement constitutes the general agreement between the parties, and no other agreement, written or oral, exists between you and Alpha Utility Services L.L.C. By using the Information on Alpha Utility Services L.L.C. website, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Alpha Utility Services L.L.C. does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, Alpha Utility Services L.L.C. or other of the purchase or sale of securities.

    THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, Alpha Utility Services L.L.C. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

    1. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES.
    2. NY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

    NEITHER Alpha Utility Services L.L.C. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF Alpha Utility Services L.L.C., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW. FURTHER, YOU AGREE AND UNDERSTAND THAT ALL SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY CONSIDER WHETHER OUR SERVICES ARE ABLE TO MEET YOUR NEEDS.

  • Termination:

    This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:

    1. immediately by Alpha Utility Services L.L.C. for any unauthorized access or use by you.
    2. immediately by Alpha Utility Services L.L.C. if you assign or transfer (or attempt the same) any rights granted to you under this Agreement.
    3. immediately if you violate any of the other terms and conditions of this User Agreement

    Termination or cancellation of this Agreement shall not affect any right or relief to which Alpha Utility Services L.L.C. may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to Alpha Utility Services L.L.C.. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to Alpha Utility Services L.L.C. is non-refundable for any reason.

  • Jurisdication:

    The terms of this agreement are exclusively based on and subject to the laws of the UAE. You hereby consent to the exclusive jurisdiction of the Dubai Courts in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.

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