Introduction

In order for the “Bonian” platform to provide the best levels of service in the field of contracting work, construction quality of buildings, and documentation of contracts and specifications and their acceptance by the concerned parties, work was done to create this platform; To facilitate linking and connecting all relevant parties, to preserve the rights of contracting parties, and to save the entered data and make it easy to access at any time. Believing in the importance of data and its confidentiality, including the confidentiality and privacy of user data and entered data, the Bonian platform is committed to maintaining the confidentiality and privacy of the data, and it will not disclose that information except in accordance with the specified controls, noting that the privacy and confidentiality of the information described below is part of the terms of use of the Bonian platform. 

Chapter One: Definitions

First: Definitions:

The following phrases and words - wherever they appear in the document - have the meanings shown opposite each of them unless the context requires otherwise:

Terms and Policies: Terms, conditions and policies for using the Bonian platform.

Platform owner/proprietor: Bonian Platform Company.

Ministry: Ministry of Municipal and Rural Affairs.

Authority: Contractors Authority.

Platform: The website that enables the user to support the implementation of his project and reach all concerned parties. It is the platform owned by Bonian Platform Company, and the word “platform” in these policies means the owner company.

User/Beneficiary Subscription: Any natural person or legal entity who creates an account on the platform to benefit from its services.

Personal data/information: It is the identifiable data that is specific to an individual and cannot be attributed to another person in any way.

Concerned authorities/relevant authorities: They are all competent and authorized authorities to carry out any statutory work, and in these policies we mean all concerned authorities that practice or provide any work with regard to construction and contracting works and what falls within them.

Confidential information: All information that is not intended for public knowledge and which, if disclosed, may cause harm to the platform and its users.

Partner entities: These are the entities listed on this platform to provide their services, in accordance with these terms and policies, under which the partner entities are committed to exercising the necessary diligence in providing the services that fall within their jurisdiction.

Platform employees/programming engineers: They are those working on developing and updating the platform, concluding agreements with partner entities, and providing everything necessary for the platform to work and operate.

Second: Language:

The Arabic language is the approved language of the platform and what is published on it, and the platform does not bear the consequences of translating any content into languages supported by the user.

Chapter Two: Subscriptions and Registration

Third: Registration on the platform:

The user is committed to the accuracy and accuracy of the data entered, provided that it is complete information. He is also committed to not using the data of a person who is not authorized to use it. The user is solely responsible for any error that occurs as a result of him providing incorrect data.

Fourth: Participation of partner entities:

The partner entities are committed to providing their services to the platform’s beneficiaries, and they are held accountable for any damage they cause, delay, or procrastination if they do not complete the work they pledged, through their registration on the platform and their approval of the acknowledgment and pledge. The value and mechanism of subscription are determined by the platform administration according to the package that is issued. chosen by the partner entities. The partner entities include, but are not limited to, the following:

       1. Engineering facilities.

       2. Contracting facilities.

       3. Other executive bodies.

Fifth:

Beneficiary subscription:

1.     Anyone who wants to obtain any of the platform’s services from real estate owners is obligated to pay fees for the package of services that he will receive through the platform. The fees are determined according to the size and type of the project area, as the value of the fees increases depending on the increase in the land area and the type of building, and the value of the fees is determined By the Audit Committee after studying the project, starting from (920 SAR) nine hundred and twenty riyals for the project, and increasing depending on the area and number of projects concluded.

2.     Save the project for a year for free.

3.     In the event that the beneficiary wishes to save the project after the end of the free year, the value of the fees is determined by the audit committee after studying the project, starting from (230 SAR) two hundred and thirty riyals annually.

Participation of engineering and contracting facilities:

Everyone who wishes to provide the platform’s services is obligated to pay fees for the package of services that he will provide through the platform. The fees are determined according to the size and type of the project area. The value of the fees increases depending on the increase in the area and type of the project. The value of the fees is determined by the audit committee after studying the project, where it begins. From (2760 SAR) two thousand seven hundred and sixty riyals and increases depending on the number of projects concluded to (10580 SAR) ten thousand five hundred and eighty riyals.

The project package is as follows:

1.     From 1 project to 3 projects with a value of (2760 SAR) two thousand seven hundred and sixty riyals.

2.     From 4 projects to 7 projects with a value of (5175 SAR) five thousand one hundred and seventy-five riyals.

3.     From 8 projects to 12 projects with a value of (7475 SAR) seven thousand four hundred and seventy-five riyals.

4.     From 12 projects and above, with a value of (10,580 SAR) ten thousand five hundred and eighty riyals.

Chapter Three: Terms and commitments of use and ownership rights

Sixth: User pledges:

Using the platform is considered an acknowledgment by the user of his acceptance of the terms of use and compliance with them, and his use of the platform is an acknowledgment of his commitment to the following:

1.     The user guarantees that all the information he adds to his account on the platform is completely correct, and the user bears full responsibility for any incorrect information he adds or does not renew the documents once they expire. The subscriber is responsible for all errors in entering data into the service.

2.     The user agrees to allow the Bonian platform to access the user’s data, including authorized persons among its employees and workers, and authorized persons for the purpose of providing the services required by the user.

3.     The platform user acknowledges that he is over 18 years of age, and platform employees have the right to request documents proving this when needed.

4.     The subscriber undertakes to implement all instructions received from the relevant authorities, whether directly through the platform’s services or indirectly. In the event of a violation of this, the platform has the right to terminate the subscription and return to the subscriber to pay the necessary compensation for any damages or losses incurred by the platform due to this violation, according to what Determined by the regulations in force in the Kingdom of Saudi Arabia, the subscriber also bears all fines issued against him by the competent or relevant authorities.

5.     The subscriber bears all responsibilities resulting from requests issued by him, the main users, or any other users affiliated with the subscriber, and the resulting direct or indirect fees, costs, or fines.

6.     The user agrees to allow the sharing of personal information with the relevant government agencies when requested, and also agrees to share data with non-governmental agencies that are authorized to work by the government agencies.

7.     The user acknowledges that if he violates the regulations, he will bear all fines imposed by the regulatory authority in the Kingdom of Saudi Arabia.

8.     The platform has the right to delete or hide some of the information or projects presented that violate the terms of the platform or that may cause direct or indirect harm to the platform or its users.

9.     The user agrees to save the Bonian platform for his projects for a period of one year, calculated after completing all procedures related to the platform; This is for the purpose of easy access to information and storing it in the correct way, and the value of this service is calculated within the estimate of the value of subscriptions to the platform.

10.  Notify the platform directly if there is any defect in the service or suspicion of misuse of the services.

11.  Adherence to the terms and conditions of this subscription and the privacy protection policy or any other policy approved on the services page.

12.  Not to use the Services in general in a way that may cause complaints, disputes and claims on the platform.

13.  The subscriber is obligated not to use the name or logo of the platform in any social media without written approval from the company for any purpose, whether related to this subscription or any other. In the event that the subscriber violates this clause, he has the right to cancel this subscription immediately and take recourse against the subscriber. All expenses and compensation as determined individually by Bonian Platform Company.

Seventh: Pledges of partner parties:

Using the platform is considered an acknowledgment by the partner parties to agree to and abide by the terms of use, and using the platform is an acknowledgment of its commitment to the following:

1.     The partner entities are committed first to registering their data on the platform correctly and accurately, and are committed not to neglect to mention any information related to their facility. In the event that they violate this, they will be responsible and bear the consequences of providing incorrect information in accordance with the controls and provisions of these policies.

2.     The partner entities are committed to maintaining the confidentiality of the information and data of users who apply for any of the partner services and not enabling non-employees to use the service. This is done only by employees affiliated with the subscriber.

3.     The partner entities are committed to providing the work required of them and which they pledged to implement and submit pursuant to their registration on the platform as a partner entity to offer and provide their services in the required manner and to exercise the necessary care required in such work.

4.     The partner entities agreed to hold them accountable and turn to the competent authorities if it is proven that the platform is tampering or causing harm to the beneficiaries or the platform, by harming the reputation of the platform and submitting work that is not in the required manner.

5.     The partner entities agreed to be summoned and investigated for any shortcomings observed by the platform, and in the event that beneficiaries submit complaints.

6.     The partner parties are committed to providing and answering all stages of work and inquiries received by any of the relevant parties, through the page for the implementation stages on the platform, and in the event of their violation of this, any of the parties has the right to return to them based on the controls stipulated in these policies.

7.     The beneficiary has the right to contract and agree with more than one partner entity to provide services, and the partner entity has no right to object to that. The beneficiary also has the right to temporarily stop the work of the partner entity if it is proven to him of its negligence and negligence in performing the work agreed upon.

8.     The subscriber and his affiliates are obligated not to charge or collect any amounts or fees from the beneficiaries of the service in the name of the platform or in the name of the services in exchange for the operations carried out or for any other reason. If this is proven, the platform has the right to oblige the subscriber to return all amounts and fees collected to the beneficiaries of the services from whom they were collected, in addition to his right to apply the fines prescribed for that.

Eighth: Ownership rights:

All data, graphics, and materials available on the platform are the property of the Bonian platform, and it is not permissible to copy, publish, or use them in any way without returning to the platform and obtaining written permission from the owner in advance.

Chapter Four: Responsibility

Ninth: Disclaimer:

1.     The platform shall not bear any expenses, losses, costs, compensation or claims arising in any way, whether general, special or even incidental, or caused by any action related to the use of the platform or the information contained on the platform.

2.     The platform does not bear any obligation or promise to terminate the work and services listed under the platform’s services. The purpose of creating this platform is easy access for all relevant parties and linking them together in the easiest ways and at the lowest costs.

3.     Some services provided by partner entities may require payment of a financial fee, which the platform cannot in any way be responsible for compensating, and the partner entity is only responsible to the user in the matter of the financial compensation if it does not commit to providing the agreed-upon service.

4.     The platform does not bear any losses resulting from the actions of any governmental or other authority, or any force majeure beyond its control, including but not limited to:

5.     Decisions and orders from the relevant authorities to stop the operation of the platform or suspend business.

6.     Disasters and epidemics that may disrupt or delay the work of platform employees or disrupt the work of partner entities.

7.     Global technical malfunctions that may lead to servers stopping globally, and in which the platform or programming engineers have no hand.

8.     The platform is not responsible for the error of any payments made to a wrong or incorrect account due to the user’s input of incorrect information on the platform.

9.     The user acknowledges that he is solely responsible for any information he provides to the platform and/or to another user. The user also acknowledges that he is solely responsible for the nature of the use determined by the platform, and the platform releases its party, including all its employees and partner companies, to the fullest extent permitted by law, from all Responsibility for any losses, damages, costs and/or expenses incurred by the user or to which he and/or any other party are exposed as a result of using the platform or inability to use it.

10.  If the subscriber has any dispute with the competent authority or relevant authorities, he acknowledges and agrees that the platform will not intervene in it except upon the official request of the competent authority and to the extent required by that request. The subscriber also has no right to stop paying any fees due to that dispute. .

11.  The platform has the right to make mandatory disclosure of confidential information related to this (project) that is subject to mandatory disclosure. Disclosure is mandatory if it includes an announcement or disclosure of confidential information that one of the parties is required to do under the applicable law, pursuant to any order issued by a competent authority. or a court of competent jurisdiction.

12.  The platform does not bear any damages incurred by the subscriber/beneficiary in the event that the competent authority or relevant authorities fail to comply with their obligations.

13.  In the event that any of the terms of this subscription is not nullified by agreement of the two parties or by a judicial ruling, or because it is unenforceable or because it is impossible to implement it; this must not affect the validity and availability of the remaining terms of this subscription.

14.  The signatory of this subscription acknowledges that he is authorized to represent the subscriber in a legal manner, and he bears all the resulting responsibilities if this is not true.

Tenth: Service interruption and technical errors:

1.     The platform management and technical engineers make every effort to ensure and maintain the continuity of the platform’s operation without the occurrence of technical or accidental problems. However, errors, omissions, service interruptions, and delays may occur at any time. In such cases, the platform pledges to work to solve these common errors as quickly as possible.

2.     The subscriber must call the technical support number shown on the electronic services website in the event of a problem or defect in the services or an inquiry or suggestion to improve the level of services, and the subscriber must follow the instructions provided by the technical support to address the matter.

3.     Any correspondence shall not be considered received from the platform unless the subscriber receives a notification, whether electronic or written, confirming receipt of the correspondence or notifications.

4.     The subscriber is obligated to provide the platform with any change or amendment to his address or information, and any instructions or correspondence will be considered communicated to the subscriber and received from him if he does not comply with this.

Chapter Five: Conflicts

Eleventh: The applicable law:

1.     All claims, disputes and disputes - God forbid - between any of the platform’s beneficiaries or disputes with partner parties are subject to the judicial authorities in the Kingdom of Saudi Arabia, in the city of Jeddah.

2.     All claims, disputes and disputes - God forbid - in which one of the opponents is the platform are subject to the judicial authorities in the Kingdom of Saudi Arabia, in the city of Jeddah.

3.     Contracts and works documented through the Bonian platform are legal evidence binding on their parties, and any of the parties has the right to invoke them before the judiciary and any party that requires it.

4.     All intellectual property rights related to this service, including but not limited to (programs, services, applications, patents, designs, drawings, logos, names, and trademarks) are owned by the Bonian Platform Company in accordance with the regulations, contracts, or agreement signed between it and its owners, and the platform does not allow the subscriber to use the information. Or materials contained in the service except after obtaining its prior written approval.

Chapter Six: Updating data and payment

 Twelfth: Updating the provisions and policies of the Bonian platform:

The platform has the right to update the terms of use or stop or suspend the service for periodic and emergency maintenance, whether this suspension is with notice or without prior notice to the subscriber in accordance with the terms of this subscription.

Thirteenth: Payment:

1.     Payment for any of the platform’s services shall be made through the secure electronic payment system on the platform (Sadad, Mada), and any payment method other than that for which the platform or its management does not bear responsibility.

2.     The partner entities are committed to issuing receipts to receive the financial compensation, and are committed to sending them to the beneficiaries according to the platform’s mechanism in this regard.

3.     The subscriber acknowledges that the subscriber’s use of the services is at his personal responsibility, as the platform does not provide any endorsement, guarantee or guarantee that the service will be provided in terms of availability or in terms of the level of quality, accuracy and security of any kind, whether explicit or implicit, and the subscriber acknowledges and agrees that If the platform's responsibility is determined by the competent authorities, it is limited to returning the amounts paid for the process that resulted in the platform's responsibility.

The platform accepts commercial records for:

1.     Establishment (Engineering Consultations): It is a legal entity that holds a license to practice engineering consulting services in its specialty and more, for studies, designs, engineering supervision, and project management.

2.     (Specialized engineering facility): A legal entity that holds a license to practice engineering services for studies and designs.

3.     Facility (supportive engineering services): A legal entity that holds a license to provide support engineering services.

4.     Establishments (with temporary contracts): These are foreign establishments that contract with government agencies and are licensed in accordance with the companies’ system, based on fixed-term contracts, and the license is for each project separately.

4.5. Establishments (foreign engineering): These are foreign engineering establishments operating in the field of engineering services and related consultations.

5.     EPC (integrated contracts) facility: It is a legal entity subject to the establishments system, and has a license to carry out detailed engineering design work for the projects it manages only, in accordance with the system for practicing engineering professions.

Special instructions for engineering facilities:

1.     The engineering facility undertakes to provide personnel, equipment, devices and technical tools that are compatible with the size and nature of its work and the engineering activities that it wishes to practice.

2.     The owner and manager of the engineering facility shall bear all violations and transgressions.

3.     Sending the price offer (after the owner’s approval).

4.     The engineering facility is required to enter the land measurements correctly.

5.     The engineering facility is obligated to conduct a soil test as a first step and attach it to the site along with the maps.

6.     Delivering structural and architectural plans at the previously specified time.

7.     Engineering design and supervision (contracts and issuance of licenses).

8.     After the owner chooses the contracting facility: The engineering facility is required to enter the name and information related to the stages and starts the first stage of site preparation (fencing the land) before starting digging. The engineering facility is the one who begins and ends the stage and begins the next stage.

9.     An activated notification is sent from the site to the owner and the contracting facility to inform him of all stages.

10.  Commitment (in cooperation between the contracting facility, the engineering facility, and the owner).

11.  Commitment to the notes (if they are not available in the general questions or comments), implementing the stages, and answering the questions so that the contracting facility implements them correctly.

12.  The engineering facility is obligated to click on the project delivery icon (the last stage of the project). This is considered a pledge that the work has been completed and that it has been completed under its responsibility and that the building is ready for the owner to receive it and use it for the purposes designated for that.

Special instructions for contracting establishments:

1.     The platform accepts commercial records for companies and institutions only

2.     Commitment to the soil report.

3.     His commitment to attaching concrete cards.

4.     Adherence to the Saudi code, and when submitting all or some of the work materials, he must submit them in accordance with the conditions and specifications stipulated in the contract.

5.     The contracting facility bears full responsibility for the building and disclaims responsibility for the platform.

6.     The contracting facility is obligated to complete the work in accordance with the terms of the contract and within the previously agreed upon period.

7.     The contracting facility is obligated to provide the additional machines and tools it needs to complete the work at its expense, unless agreement or custom stipulates otherwise.

8.     The contracting facility is obligated to start all stages with the engineering facility, answer and write notes, if any, to begin the next stage (with photos attached).

9.     Commitment (in cooperation between the contracting facility, the engineering facility, and the owner).

10.  The contracting facility is obligated to complete the work in accordance with the terms of the contract and within the agreed upon period.

11.  If the main contracting facility contracts with another subcontracting facility, the responsibility of the main contracting facility remains.

12.  The contracting facility is required to obtain a building sustainability certificate.

13.  The contracting facility is obligated to design the engineering facility without any modifications except with the approval of the engineering office.

14.  The contracting facility is obligated to provide comments (if they are not available in the general questions or comments) and to answer the engineering facility’s questions and implement them correctly.