We are a Smart Energy Management Company
Our Terms and Conditions for the Supply of Services by Us to You
1. General
All services and utilities provided by the Company to a Client shall be subject to the provisions hereof
These are the terms and conditions which together with our Terms of Website Use, Privacy and Acceptable Use Policies and End User Licence Agreement (EULA) set out the terms (Terms) on which we (“Smart Payments Collection LLC ”, “We”, “Us” “Our ) provide access to and use by you (“Customer”, “You”, “Your” ) of Our website situated at www.smartcollection.co (Site) and mobile software application through which you access the Service (Application).
- 1.1 We are the complete comprehensive Utility Management Service Provider, offering meter reading, billing and collections management throughout the Middle East. Combining experience and innovation to deliver results. Smart Payments Collection LLC enable our customers to view or pay their bills.
- 1.2 The online platform provides for you to pay your consumption charges related to the chilled water or your capacity charge consumption along with smart payments collection LLC monthly fees, late monthly fees, activation fees, security deposit and any other fees introduced reference to your utilizing of such service.
- 1.3 Please read these terms carefully before you pay online any bill through the online portal as any bills and collection by our company is subject to these Terms.
- 1.4 By using the online portal or the application to access the Services and pay your bills You agree to be bound by the Terms. If You do not agree to these Terms You will not be able to use the online portal or the application.
- 1.5 By creating an account and paying your bills through the online portal or the application, you warrant that you are legally capable of entering into binding contracts and You are at least 18 years old.
- 1.6 We may amend these Terms from Time to Time and they are available in the English or Arabic Language. Please check each time you access to our online platform that you are certain which version of these Terms applies at that time. You should print a copy of these Terms.
2. Information About Us and How to Contact Us
- 2.1 Who We are. We are Smart Payments Collection Limited Liability Company registered in United Arab Emirates. Our company registration number is CN-2202693 and our registered office is at 2nd floor office 314 Ali Khan Rashed Al Mutawa Al Dhahiri Building Plot no.29 Al Ain Rd, Umm Al Anar Abu Dhabi, UAE - Po Box 129865
- 2.2 How to contact Us. You can contact Us by telephoning Our Customer service team or by writing to Us at info@smartcollection.co
- 2.3 How We may contact you. If we have to contact you We will do so by telephone, SMS , Whatsapp or by writing to You at the email address You provided to Us in Your account.
- 2.4 “Writing” includes emails. When We use the words “writing” or “written” in these terms, this includes emails.
3. Use of the online platform or the application
- 3.1 The online portal or the application is made available combination of monthly charge, late monthly charges, activation fees and return cheques fees (subject to You entering in the Terms and condition agreement which is available in the online portal).
- 3.2 Your use of the online portal or the application is subject to these Terms and conditions which you agreeing on when you access to our online portal.
- 3.3 We do not guarantee that the online portal or the application, or any content on it, will be available at all times or be uninterrupted, error free or accurate.
- 3.4 We may suspend, withdraw, discontinue or change access to or all or any part of the online portal or the application or content on it without notice. We will not be liable to you if for any reason the online portal or the application is unavailable at any time or for any period.
- 3.5 You are responsible for making all arrangements necessary for You to have access to the online portal or the application.
4. View your bills and make payments
- 4.1 You must register and activate an account (Account) with us before you can view or pay your bill through the online portal or the application. The online portal or the application will provide You with details of viewing your bill or pay your bills.
- 4.2 Once You have accept the terms and condition on our online portal we will register your IP address and save you a copy of your signed terms and condition with us , you will be given the option to view your consumption chilled water or capacity charge online and by tapping the relevant button you will be able to view your current or previous bills along with the accessibility to pay online. It is important to take the time to read and check Your bills before You submit your payment it as once it is submitted, We will start processing your payment and it will not be possible to correct any errors unless you contact our company.
- 4.3 Upon receipt of your payment by Us, We will begin processing it by uploading your payment in the online portal. You will receive a notification from us via the online portal or the application, acknowledging that Your payment has been received.
- 4.4 Smart collection may choose to reject an payment for any reason. We will notify You as soon as reasonably practical if Your payment is not accepted via the online portal or the application.
5. Changes, Cancellations and Refunds
- 5.1 Once You have submitted Your payment and has been authorised, You are not entitled to cancel, change or receive a refund for Your payment.
6. Smart Payments Collection Charges and Payment
- 6.1 The monthly charges of your monthly invoice including any late monthly charges will be shown on the online portal or the application at the time You submit Your payment reference to any bill we generate related to your chilled water consumption or capacity charges.
- 6.2 Smart Payments Collection fees may change from time to time, but changes will not affect any payment you have already paid.
- 6.3 The consumption charges and capacity charges of your bills includes VAT (where applicable) at the applicable current rate.
- 6.4 The monthly charges , late payment charges , activation charges , re activation charges and any other charges introduced by Smart Payments Collection LLC will include VAT (where applicable) at the applicable current rate.
- 6.5 You can only pay for your bills by using a debit card or credit card via the Application. The transaction will be processed by Us as an authorised agent of our company, and We will be shown as merchant of record on Your debit ,credit card or bank statement.
- 6.6 Payment for the bills will be taken at the point of purchase once the Smart payments Collection accepts the payment. Where Your payment is not authorised, We will notify You and request alternative payment details.
- 6.7 Any additional costs payable by You will be shown when you place the payment and collected by Us from You as part of the total payment.
- 6.8 We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency)
7. Intellectual Property Rights
- 7.1 All rights in the Site and the online portal or the application shall be owned and retained by Us or Our Licensors. (Smart Payments Collection LLC Material)
- 7.2 The Customer retains all rights in their images, their email address, their contact details, their name, their tenancy contract , their title deeds or any other documents posted on the Site or the online portal or the application, and their recipes (Customer Material).
- 7.3 Your use of any of Our rights is only permitted in accordance with these Terms, the terms and condition on the online portal or application together with the Website Use, Acceptable Use and Privacy Policies.
- 7.4 You use of the Site, the online portal or the Application or the Services does not grant You any ownership or licence or rights to the Smart Payments Collection LLC Material save as set out in this Agreement.
- 7.5 You licence Us to retain and use any content that You post on the online portal or the application or the Site.
8. Disclaimers
- 8.1 All invoices shall be paid to the Company on their due dates without delay.
- 8.2 The Owner shall pay all fees due over the period when the Unit is not occupied or if the account remains in the name of the Owner while there is a lessee.
- 8.3 The Company shall be entitled to cut-off the services in the event that the Client defaults on paying the invoice on its due date. In which case, the Client shall have no right to recourse against the Company with any rights or take any measures against the Company.
- 8.4 The Client understands that the service provided thereto by the Company is not currently subject to the laws of the UAE and it is a service that requires special care from both parties. Accordingly, the Client shall not be entitled to file a report or complaint with anybody for the service cut-off due to having the Client ceased paying. In which case, the Client shall incur a penalty equivalent to up to 50% of the liabilities due from him, if he breaches this condition.
- 8.5 The Company shall be entitled to suspend the Client’s account in the event that he defaults on paying the due invoices and penalties imposed. Should he pay the same, service shall be reconnected within a 48-hour period from the date of submitting a proof of payment of the invoices and the penalties thereof, in addition to the collection fees incurred by the Company, whether for a government or non-government body.
- 8.6 The Client shall submit a security amount refund request within a period not exceeding 90 days from the date of closing the account and submitting the final invoice (the Company shall be entitled to deduct any dues that the Client has not already paid).
- 8.7 The Client’s account shall be suspended in the event that he defaults on payment and fails to settle the due amounts in full. In which case, he shall be notified of the procedure for cutting-off the service provided thereto, including but not limited to (cut-off of the cooled water service and the ability to log on the e-portal of the Company); the service provision shall not be resumed until the settlement of all due amounts, in addition to the fees against the late payment and reactivation of the account.
- 8.8 The Client agrees to pay all expenses and invoices due to the Company in the event of payment. In the event that the Client defaults on payment, the Client agrees to pay all fees and costs, including but not limited to (legal fees, court fees and any other fees or charges incurred by the Company in the event of default on payment).
- 8.9 We do not give any representation, warranties or undertakings in relation to the Application, the Site and/or the Service or the Meals or Delivery. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
- 8.10 Smart Payments Collection LLC will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
9. Termination
- 9.1 We reserve the right to decline any new registration or activate any Account, terminate Your right to use the Application with immediate effect, remove You as a user of the online portal or the application and/or suspend Your use of the Application, and delete Your Account if We believe in Our sole discretion that You have breached any of these Terms.
- 9.2 Upon termination or suspension in accordance with section 9.1 You must cease using the online portal or the application immediately
10. Our Responsibility for Loss or Damage Suffered By You and Limitation of Liability
- 10.1 Nothing in these Terms limits or excludes Our liability for:
- 10.1.1 death or personal injury caused by Our negligence;
- 10.1.2 fraud or fraudulent misrepresentation;
- 10.1.2 or any other liability which may not be excluded or limited by law.
- 10.2 Subject to section 10.1, We will under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Site, the online portal or the application or Service (including the use, inability to use the online portal or the application or the Site) or any services provided by Our agents or subcontractors for:
- 10.3 The Company shall not be held liable for the Client’s breach of any of the terms and conditions hereof.
- 10.4 The Company or any affiliate thereof shall neither be held accountable for any damage or losses arising from the provision of the services, including the service cut-off, nor for any losses cause by such cut-off nor for any misuse of the services.
- 10.5 Connecting utilities to the building is not absolutely the Company’s responsibility and the Company shall not be held liable for the failure to do so.
11. How We May Use Your Personal Information
- 11.1 How We will use Your personal information. We will use the personal information you provide to Us in accordance with Our Privacy Policy including but not limited to the following:
- 11.1.1 to permit You to access and use the Services and View or Pay bills;
- 11.1.2 to permit Smart Collection tam to prepare Your bills;
- 11.1.3 to process Your payment for the Services; and
- 11.1.4 if You agreed to this during servicing you , to give you information about similar products that We provide, but You may stop receiving this at any time by contacting Us.
- 11.2 All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties”.
12. You must compensate Us
- 12.1 The Client shall incur all damage to the Company resulting from his failure to comply with the terms and conditions hereof.
- 12.2 The Company shall not incur any type of losses sustained by the Client as a result of the use or misuse of the provided service.
13. Events Outside Our Control
Performance of obligations, in the event of a force majeure, and in the event that the situation lasts for a period exceeding 180 days, the Company shall then be entitled to cease providing the service without being held liable, and shall not be accountable for any delay in the provision of the service resulting from the force majeure.
Below are forms of force majeure events:
- 13.1 Natural disasters whose impact cannot be controlled, such as: earthquakes, volcanoes, floods, etc. that are out of human control.
- 13.2 War, revolutions, riots, terrorism or any serious threats to life.
- 13.3 All external factors that cannot be controlled, for example: changed regulations, laws, policies and governments and stopped power supply and all what is out of the Company's control..
14. Other Important Terms
- 14.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these terms to another organisation.
- 14.2 You need Our consent to transfer Your rights to someone else
- 14.3 Nobody else has any rights under this contract.This contract is between You and Us. No other person shall have any rights to enforce any of its terms
- 14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 14.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase you but We continue to provide the Services, We can still require you to make the payment at a later date.
15. Which laws apply to this contract and where you may bring legal proceedings.
- 15.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by UAE law.
- 15.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by UAE law.