Terms of use

Effective Date: April 01, 2022
These terms and conditions ("Terms", "Agreement") are an agreement between ICON RTD Technical Services ("ICON RTD Technical Services", "us", "we" or "our", ICON) and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the iconhr.com website and any of its products or services (collectively, "Website" or "Services").

1. Definitions

Capitalized terms are used as defined in this Agreement.

AED means UAE Dirhams.

ADDITIONAL CHARGES means the charges incurred by the Customer for carrying out any Additional Services not included in the Service Charge.

ADDITIONAL SERVICES means any extra or additional services which the Customer requires not covered within the Services and which will be charged to the Customer.

“APPLICABLE LAW(S)” means (i) all legislation including codes, decrees, resolutions, acts, statutes, ordinances, rules, regulations, directives, and other orders, treaties, by-laws, codes of practice and other subordinate legislation of the UAE; and/or (ii) the requirements, rules and regulations of any authority, including without limitation, local, regional, territorial, free zone, municipal government, ministry, governmental department, commission, executive, administrative or judicial bodies in the UAE;

COMMENCEMENT DATE means the date the Services are commenced.

EMPLOYEE means an individual employed by ICON to perform the Services for the Customer.

PREMISES means the place where the Customer requires that the Services are performed.

SERVICES means the Services to be performed by ICON as purchased by the Customer.

SERVICE CHARGE means ICON's fees and charges to perform the Services which are calculated depending on the size of the Premises.

TERM means the period from the Commencement Date that the Customer requires/purchases Services from ICON until completion.

UAE means United Arab Emirates.

“ICON RTD TECHNICAL SERVICES” maintains the https://iconhr.com/ Website ("Site").

“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

2. Commencement and Provision of Services

2.1 This Agreement shall come into effect on the Commencement Date and shall continue for the duration of the Term unless terminated in accordance with Clause 9.

2.2 All Services can be purchased via https://iconhr.com and will be delivered to the address or location specified by the Customer.

2.3 All persons using and purchasing the Services on ICON website at https://iconhr.com must be over 18.

3. Payment of Service Charges

3.1 The Customer will, in consideration of the Services provided by ICON, pay the Service Charge online or as otherwise agreed, through:

  • debit or credit card;
  • bank transfer; or
  • cheque made payable to 'ICON Technical Services'
  • any approved payment gateways found on https://iconhr.com

3.2 In respect of any maintenance packages purchased by the Customer;

  • when the Parties have agreed to use online payments, periodic payments will be deducted from the Customer's debit/credit card which will continue to be charged until the Services are cancelled Payment can only be made in UAE Dirhams and Visa and/or MasterCard only will be accepted.
  • when the Parties have agreed to use cheques against periodic payments, the Customer will need to provide post-dated cheques covering the full term of the agreement, prior to commencement of Services.
  • When the parties have agreed to pay monthly, maintenance services will be provided only after the receipt of the monthly subscription payment in full.
  • any approved payment gateways found on https://iconhr.com

3.3 Any purchases made will be charged to the Customer's account. If such payment bounces, ICON may suspend Services until payment has cleared.

3.4 The Customer will receive confirmation of all purchases made online via https://iconhr.com by email.

3.5 Multiple orders for Services received from the Customer may result in multiple postings to the Customer's monthly bank statement.

3.6 The Customer shall not be entitled to withhold payment of the Service Charge for any reason whatsoever. Payment of the Service Charge shall be made in full by the Customer monthly and any disputes thereon will be dealt with by the Parties reasonably and amicably.

3.7 If ICON incurs any additional cost or expense outside ICON's control because of any new, existing, or amended Applicable Law or as a result of compliance with any new, existing or amended Applicable Law whilst carrying out any of the Services, the Customer shall be obliged to reimburse ICON all such additional costs or expenses and the Customer agrees to the Service Charge being revised accordingly.

3.8 The Service Charge does not include any applicable sales, use, excise, value added tax ("VAT") or other tax or amount which is or may be levied on or applicable to the provision of the Services provided under this Agreement. All and any VAT (if applicable) will be payable by the Customer and such additional amount shall be added to the invoices at the appropriate rate.

3.9 ICON reserves the right, exercisable in its absolute discretion, to apply a late payment fee, at the rate of 5% per month, to all amounts unpaid beyond their due date.

3.10 The Service Charge may be subject to change at ICON's discretion or if the Customer has incorrectly estimated the size of the Premises, or the resources required to perform the Services.

3.11 The cardholder who has purchased the Services must retain a copy of the transaction and a copy of ICON's terms and conditions.

3.12 The Customer acknowledges that they are responsible for maintaining the confidentiality of their online account.

3.13 Bank/Credit Card charges for incorrect payments from Customers will not be reimbursed.

4. ICON Responsibilities

4.1 ICON will provide any Consumables and spare parts required to perform the Services and, unless agreed otherwise in writing, charge back to the Customer as an Additional Charge. Any consumables, materials or spare parts will be subject to availability. Those items that are required to complete a job will be charged at the cost price plus 20%. Spare parts, consumables, and materials are all chargeable for contracts. Free spares and consumables are offered for premium Contract levels as per ICON List, which is available on our website https://Iconhr.com . The list can be made available upon request.

4.2 In the event that Services cannot be performed due to adverse weather conditions, ICON will reschedule the Services at no additional cost to the Customer.

4.3 ICON is committed to attending to callouts, whether these be emergency or non-emergency, according to the response times set out in the contract/ICON website/promotional literature. ICON will not be held responsible for any damage (including that caused by water or fire) to the customer's property, in the intervening time between the receipt of the callout request by the customer, and the arrival of the ICON team.

5. Customer's Responsibilities

5.1 The Customer will ensure that the Employee has unimpeded access to the Premises, including issuance of access permits at no cost to ICON, free from any hazards or violations and all necessary consents have been obtained from the building management/ security/landlord. Should the Employee be unable to gain access to the Premises at the scheduled time, ICON reserves the right to charge the Customer a minimum fee of AED 180.

5.2 If direct access is not available to the asset to be serviced and the Employee needs to create access (i.e. by moving ceiling tiles, tiles or floorboards), the Customer agrees to grant such access. ICON will not be liable for any damage caused because of creating access.

5.3 The Customer shall provide ICON and its Employees with access to all amenities required to carry out the Services including but not limited to free water and electricity.

5.4 The Customer, Premises owner or nominated representative should endeavor to be present while the Services are being carried out.

5.5 In the event that ICON will have to carry out Additional Services in order to complete the Services, ICON will notify the Customer as soon as practicable for authorization and the Additional Services will be charged to the Customer as Additional Charges.

5.6 The Customer shall ensure that they have adequate insurance for the Premises.

6. Warranties and Representations

ICON represents, warrants, and covenants that:

6.1 It shall provide thirty (30) days' workmanship warranty on all maintenance services provided.

6.2 It shall provide thirty (30) days' workmanship warranty on all items and spare parts installed by ICON, subject to the supplier's terms and conditions.

6.3 The execution, delivery or performance of this Agreement does not violate any law, regulation, rule, order, decree, injunction or other restriction of any governmental entity, court or tribunal to which it is subject or any of the provisions of its memorandum and articles of association, Nations, regional or national trade or financial.

6.4 It will not trade with or provide any services to OFAC and sanctioned countries.

7. Indemnification

ICON represents, warrants, and covenants that:

7.1 The Customer shall be responsible for the Employees safety and security and for all and any damage, loss, injury and/or liability incurred suffered or sustained by an Employee arising from or in connection with any of the Customer's acts or omissions whilst the Services are being completed at the Premises.

7.2 The Customer hereby undertakes to indemnify ICON and to keep ICON indemnified fully at all times against all claims, demands, actions, proceedings, damages, losses, costs and expenses (including legal and other professional adviser's fee) which are made or brought against or incurred by ICON arising as a result (direct or indirect) of any liabilities of whatever nature accruing to ICON as a result of the association with the Customer or as a result of the Services provided to the Customer.

8. Suspension and Termination

8.1 ICON may suspend or terminate this Agreement immediately if the Customer fails to pay any sum that has become due and payable to ICON or where the continuation of Services would be unsafe.

8.2 Either Party may terminate the Agreement upon the provision of thirty (30) days' written notice to the other. Should the Customer not want the Services to continue throughout the thirty-day notice period, Services can be discontinued however, the Customer shall still be charged for a total of 1 month's payment, or the full value of services in the quarterly period on which the final day of services falls, whichever is greater.

8.3 In the event of termination of the Agreement, any refund or part refund for Services not yet provided or not properly performed shall be at ICON's discretion and shall, in any event, exclude the value of materials purchased by ICON for the provision of Services. If ICON agrees to refund some or all the Services, the refund will be made onto the original mode of payment. Please allow for up to 45days for the refund transfer to be completed.

8.4 The termination of this Agreement shall be without prejudice to any rights that have accrued to either Party prior to the date of termination.

9. Cancellation of Services

9.1 For individual Services, if the Customer cancels an appointment for any Services less than 24 hours prior to the scheduled Service time, the Customer will be liable to pay a minimum one-hour charge of AED 90.

9.2 Customers with maintenance contracts shall be notified of each scheduled Service via email or phone at least one (1) week prior. Should there be no confirmation received within two (2) business days, the Service shall be rescheduled. A Service can only be rescheduled once, otherwise it shall be forfeited, but remains chargeable.

10. Property Systems

10.1 In the event that the property systems, air conditioning, electrical and plumbing systems are not in good working order to allow ICON to effectively carry out the Services, ICON will provide a price to carry out the corrective maintenance which will be charged as an Additional Charge.

10.2 For the avoidance of doubt, ICON cannot be held responsible for any loss or damage arising from any deficient property systems.

11. Excessive Routine Call Out Consumption

When a contract is 'active', ICON will attend all callouts, and of course, the premium contracts benefit from unlimited callouts as detailed on https://iconhr.com

However, during the annual contract period, if the total number of non-emergency (routine) callouts exceeds either 12 callouts for an apartment, or 24 callouts for a villa (Including Masonry and Carpentry), ICON will have the right to charge for any additional callouts at a discounted rate for contract customers of AED 180 per callout for 2 hours labour time and additional hours at AED 90 per hour.

12. Governing Law

This Agreement, and any non-contractual obligations connected with it, shall be governed by, and construed in accordance with, the laws of Dubai and the Federal laws of the United Arab Emirates, as applicable in Dubai.

13. Dispute Resolution

The Parties shall use their reasonable endeavors to and resolve any dispute arising out of or in connection with any provision of this Agreement (“Dispute”). Any Dispute shall be referred to and finally resolved by the Dubai Court, in accordance with the laws of the UAE.

14. General

14.1 Entire Agreement. The Parties agree to be bound by the terms of this Agreement, which represents the entire understanding and agreement between the Parties and supersedes all previous negotiations, understandings, or previous agreements between them with respect to its subject matter.

14.2 Subcontractors. ICON reserve the right to sub-contract any part or all the services provided for under this Agreement to any third party at its sole discretion.

14.3 Customer using the website who are Minor / under the age of 18 shall not register as a User of the website and shall not transact on or use the website

14.4 Cardholder must retain a copy of transaction records and Merchant policies and rules

14.5 Customer is responsible for maintaining the confidentiality of his account

14.6 Visa or MasterCard debit and credit cards in AED will be accepted for payment