Terms of Service

1. Acceptance of Terms

These Terms of Service govern your relationship with the Atheer cloud PBX and call center platform. By subscribing to or using the service, you agree to be bound by these Terms. If you are contracting on behalf of a company, you represent that you are authorized to bind it to these Terms.

1.1 Electronic acceptance and its evidentiary weight: These Terms are accepted electronically when the Customer ticks the acceptance box, clicks the order-confirmation button, or completes payment. Such acceptance constitutes an electronic signature issued by and binding upon the Customer, carrying the same legal effect as a handwritten signature under the Saudi Electronic Transactions Law and its Implementing Regulations.

Atheer retains an electronic record of each acceptance comprising the version of the Terms accepted, the date and time of acceptance, the originating IP address, and the account email. The Customer acknowledges that such records are evidence of the fact, content and date of acceptance, and waives any objection based on the absence of a handwritten signature or on not having read the Terms.

The Customer represents that they are duly authorised to contract on behalf of the entity in whose name they register, and that their acceptance fully binds that entity.

2. Service Description

Atheer provides a cloud PBX and call center services including internal extensions, auto-attendant, service queues, call recording, and reporting, according to the plan you subscribe to. We may add new features or enhance existing ones from time to time to improve the service.

3. Account & Eligibility

• The information you provide at registration must be accurate, complete, and up to date.
• You are responsible for the confidentiality of your account credentials and for all activity that occurs under your account.
• You must be legally authorized to use the service for legitimate business purposes.

4. Subscription & Renewal

4.1 Changes to prices and plans: Atheer reserves the full right to amend the prices of its plans, add-ons and fees, and to restructure plans or amend the limits and features they include, at any time.

• No amendment applies to the current paid term; it takes effect from the next renewal cycle.
• Atheer will notify the Customer of the amendment no less than thirty (30) days before it takes effect, by email to the address registered on the account or via the control panel; notice is deemed effective upon dispatch to that address.
• The Customer's continued use of the Service, or renewal of the subscription, after the effective date constitutes express and final acceptance of the amended price, without need for any further signature or approval.
• If the Customer does not wish to accept the amendment, their sole remedy is not to renew before the effective date; the amendment gives rise to no right to compensation or refund.
• The Customer acknowledges having read and expressly accepted this clause upon agreeing to these Terms, and waives any subsequent objection or claim founded on a price amendment made in accordance with it.

The service is offered under monthly or annual subscription plans. Your subscription begins after payment is confirmed, and your account is activated within a reasonable period. You may upgrade between plans at any time, with the difference prorated. You may also cancel at any time; your subscription remains active until the end of the paid period with no cancellation fees.

5. Payment, Refunds & Cancellation

Payments are processed through a licensed payment gateway, and prices are shown in Saudi Riyals (SAR). VAT (15%) applies to the plans and is added at checkout; the total amount including VAT is shown to you before you complete payment. Subscription fees are paid in advance for each period (monthly or annual).

• Setup fee (one-time): charged once at the start of service for provisioning and configuring your account, and is non-refundable once the account has been activated or provisioning has begun.
• Cancellation: you may cancel your subscription at any time from your dashboard with no cancellation fee; the service continues until the end of the paid period and then does not renew.
• Refunds: because the service is digital and activated immediately upon payment, you expressly acknowledge and consent to its immediate commencement and agree that fees for a period that has been activated or used are non-refundable. As exceptions, amounts are refunded where: (a) we are wholly unable to deliver the service, (b) a duplicate charge or a proven billing error occurs, or (c) the applicable Saudi regulations so require. Approved refunds are returned to the original payment method, or by bank transfer where that is not possible, within no more than 14 business days of approval.
• Discretionary refunds: If Atheer exceptionally agrees to a partial refund that is not otherwise due, the following are deducted: the setup fee, the value of service days consumed, and the actual card processing fee (capped at 5%) which the provider does not return on refund. Any remainder is returned via the original payment method, or by bank transfer where that is not possible, within fourteen (14) business days of approval. No such deduction applies to payments made by direct bank transfer.
• Devices: devices are not refundable or returnable once installed. If the order is cancelled before installation, the amount is refunded provided the device is returned unused in its original condition and packaging, less, for card payments, the actual card processing fee capped at 5%; no deduction applies to payments made by direct bank transfer.
• Refund requests / billing questions: contact us via the contact page or WhatsApp with your order number; we will respond within a reasonable time.

5.1 Bank Transfer Payment Discount (5%)

• A 5% discount applies to the entire order value (subscription, setup fee, extra extensions, storage and gateways) when paid by direct bank transfer to the company account. The discount does not apply to card payments made through the online payment gateway.
• The discount is applied to the amount before VAT; VAT is then calculated on the discounted amount in accordance with the regulations.
• Activation and tax-invoice issuance occur only after the funds are confirmed received in the company account; a transfer receipt alone is not proof of payment.
• The order number must be included as the transfer reference; the customer bears the consequences if a transfer without a reference cannot be matched.
• Bank transfer fees, if any, are borne by the customer, and the full due amount must arrive.
• An unpaid transfer order remains valid for 5 days and is then cancelled automatically; the customer may place a new order.

5.2 Purchasing Connectivity Gateways (Hardware)

• The price includes VAT, shipping, delivery, installation and programming — a one-off amount, not part of the monthly or annual subscription. The device becomes the customer's property once payment is complete.
• Warranty: a two-year manufacturer warranty from the delivery date against manufacturing defects. The warranty does not cover misuse, breakage, tampering, or damage caused by power fluctuations, lightning, water, or repair attempts by an unauthorised party.
• Installation appointment: the technician visit is scheduled and its date confirmed within 3 to 6 business days of payment confirmation, and installation is carried out on the agreed date. The customer must prepare the site (power, internet and line access) and have an authorised person present at the visit; otherwise the visit is rescheduled.
• Returns: the device cannot be returned or refunded once installed and operational, as it is supplied, programmed and installed specifically for the customer's environment. Exceptions, handled under warranty or by refund, are: (a) a manufacturing defect appearing before commissioning or which cannot be repaired, (b) our complete inability to perform the installation, (c) a duplicate charge or a proven billing error, and (d) whatever the applicable Saudi regulations require.
• Atheer-supplied hardware only: installation, programming, support and warranty apply solely to gateways supplied through Atheer. We do not install, programme or warrant any device sourced elsewhere, and we give no guarantee as to its stability, compatibility or continued operation; it remains the responsibility of, and under warranty from, its seller. Where a customer wishes to use one, we will share the necessary SIP connection details as a courtesy, with no commitment to the outcome and no subsequent support.
• Instalments via tabby are subject to Tabby's approval, limits and terms, and do not alter any of the conditions above.

6. Acceptable Use

You agree not to use the service for any of the following:

• Making fraudulent, harassing, unsolicited (spam), or otherwise unlawful calls.
• Impersonating others or falsifying identity information or caller IDs.
• Attempting to breach or disrupt the platform, or gaining unauthorized access to others' data.
• Reselling the service or misusing its resources in a way that harms quality for other customers.
• Any activity that violates the applicable laws of the Kingdom of Saudi Arabia.

7. Customer Responsibilities

• Complying with regulations regarding call recording and notifying parties where required.
• Responsibly managing your users and their permissions within your account.
• Ensuring the legality of the content and activities conducted through your PBX.
• Shared responsibility & cybersecurity: Ibtikar secures its cloud infrastructure through a firewall and an integrated protection system at the level of the platform and the servers under its direct control; the customer is solely responsible for securing their own network, internet connection, and endpoint devices, and the connection gateways / SIP trunks that are connected to the customer’s internet and under the customer’s network and control — as these gateways and devices fall outside Ibtikar’s operational protection scope and outside its direct technical control.
• Keeping login credentials, passwords, and sign-in codes/links confidential and not leaking or sharing them; using strong passwords; regularly updating device firmware; and promptly notifying Ibtikar upon suspecting any breach or unusual activity.

8. Service Availability

We strive to provide a stable, high-availability service and may perform scheduled maintenance, notifying you in advance where possible. The service may be affected by factors beyond our control, such as carrier or network outages. The service-level (SLA) commitments for each plan are defined within that plan's details.

9. Intellectual Property

All intellectual property rights relating to the Atheer platform, its software, and its trademark remain owned by us. Your data and call content remain yours. You are granted the right to use the service for the duration of your subscription under these Terms, without transfer of software ownership to you.

10. Disclaimer & Limitation of Liability

The service is provided "as is" and on a best-effort basis. To the extent permitted by law, we are not liable for indirect, consequential, or lost-profit damages arising from the use of, or inability to use, the service. In all cases, our total liability shall not exceed the amount you paid for the service during the period subject to the claim.

Disclaimer for breaches caused by customer negligence: Ibtikar bears no liability — civil, criminal, or financial — for any breach, unauthorized access, data leak, or damage arising, wholly or partly, from the customer’s negligence or failure to secure their network, devices, or connection gateways; from the leakage, loss, or theft of their devices or credentials; or from a compromise of the customer’s own network or internet — even if the platform was used during that event. Full responsibility for such cases and their consequences passes to the customer alone.

Unauthorized calls & toll fraud: The customer alone bears the full cost of any calls, charges, or usage resulting from the exploitation or compromise of their connection gateways, devices, or accounts, even if placed through the platform; Ibtikar is not answerable for the value of such calls or charges or any resulting damages.

Indemnification: The customer shall indemnify, hold harmless, and defend Ibtikar against any third-party claims, suits, fines, or losses arising from the customer’s breach of these Terms, negligence, misuse of the service, or a compromise of the customer’s own environment.

11. Suspension & Termination

We may suspend or terminate the service in the event of a breach of these Terms, non-payment of dues, or misuse of the platform, notifying you where possible. You may terminate your subscription at any time from your dashboard. Upon termination, you may request a copy of your data within a reasonable period before it is deleted.

12. Support & Maintenance Scope

The technical support and maintenance included in the subscription plans apply exclusively to the cloud service (the cloud server and the call center system) and matters directly related to it. Ibtikar is not obligated to perform any network work at the customer’s premises, and neither the subscription nor the plan prices include any of the following, by way of example and not limitation:

• Supplying or installing the customer’s own network equipment (switches, routers, access points, telecom cabinets/racks, or any networking hardware).
• Setting up, programming, or troubleshooting the customer’s internal network — including IP addressing, VLANs, and local network (LAN / networking) cabling and configuration.
• Any on-site work or field visits at the customer’s premises.

Any service or field visit outside the scope of the cloud service is quoted and delivered under a separate technical-support offer (a site-visit ticket and/or a separate invoice) per the applicable pricing, and is not part of the subscription fees.

13. System Protection & Legal Remedies

The customer, and any party acting on the customer’s behalf, is strictly prohibited from attempting to breach or gain unauthorized access to the platform, from tampering with the subscription, its limits, or the licensing mechanism, or from circumventing or manipulating the payment systems. Where any such attempt is established, Ibtikar reserves the right — in addition to immediately suspending or terminating the service — to pursue all statutory and legal actions against the responsible party, including litigation and claiming compensation for any resulting damages or losses, in accordance with the applicable laws of the Kingdom of Saudi Arabia.

14. Governing Law

These Terms are governed by and construed in accordance with the applicable laws of the Kingdom of Saudi Arabia, and the competent judicial authorities therein shall have jurisdiction over any dispute arising from them.

For any inquiry regarding these Terms, contact us via the contact page or WhatsApp +966 54 310 2345.

Appendix: SIM Hosting Agreement (existing subscribers only)