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The first party in its capacity as the sole rep- resentative of GS1 AISBL (Belgium) in Egypt has the exclusive right to loan and rent global- ly unique product identification numbers as per the GS1 system, through which the products are coded to facilitate commercial transactions globally; and under such right, the first party has set up a system of membership categories and product identification number bundles used for identifying the products of the second party throughout the contract period within which a an annual subscription payment is made. These internationally unique identification keys are fully owned by the first party in its capacity and are used by the second party in its capacity as a tenant against an annual fee for the agreed bundle of keys.
The above preamble, the membership form and the direct debit form attached to this contract are deemed an integral part of this contract, complementing, supplementing and construing it.
Under this contract, both parties agreed, according to the desire of the first Party, to loan its property of product identification numbers, starting from 622..... till 622... to the consenting second Party, for the purpose of identifying and photographing its products during the contract period.
The Parties agree that the Second Party is not entitled, in his capacity, to transfer this contract or waive it totally or partially to any third party. They agree that the Second Party undertakes, in his capacity, not to allow any third party, with his own will and consent, to use these barcodes for any reason or by any means, since such bar- codes should only be used on the products of his company, which is so exclusively entitled under this contract. The Second Party, in his capaci- ty, is committed to provide a statement of the various products, subject-matter of the service. Such statement is considered an annex to this contract and an integral part thereof, provid- ed that it should be signed by the First Party in his capacity. The Second Party shall furnish the First Party with any new products to be added to the products statement. The first party is en- titled to use, share and transfer the data of the second party (company data and product data) made available under this contract, in order to insert thereof in the database of GS1 AISBL, GS1 Egypt, any other database or electronic cata- logue owned, affiliated or powered by the First Party, or to share with government entities and or authorities and/or for any other purpose.
The Second Party undertakes to provide the First Party with the designs of its products or samples thereof, after applying the barcodes , subject-matter of this contract, as suitable for scanning as possible, whether the inner or outer packaging. Packages should be free of any defects hindering scanning, pursuant to the international standards of GS1 Company. The products data and photos shall be saved on the databases of GS1 AISBL, GS1 Egypt, any other database or electronic catalogue owned, affil- iated or powered by the First Party. The First party also is entitled to use, share and / or trans- fer such data with governmental authorities or to / with any other person and for any other purpose The Second Party herein declares the soundness of all data of the products provided to the First Party and included on the First Party databases.
The total value of the services provided by the First Party under this contract amounts to .... LE which the Second Party under-takes to pay in advance on the contracting day, and on the same day of every following year, plus the administrative expenses in the amount of ....LE in return for joining the mem-bership of the (GS1 AISBL), which are nonrefundable and are to be paid once only upon starting contract- ing. A value-added tax of 14% shall be added to the total subscription charges in the first year and upon annual renewal, pursuant to Law number 67 for the year 2016. The First Party is entitled to amend this contract in whole or in part as soon as this is announced on the Company website, the Second Party is notified via text messages sent to the e-mail address recorded in the attached membership form or through any customary announcement method. The Second Party shall undersign the new contract form whenever he is so request- ed and will comply with its terms. In case of the user’s objection, he shall notify the First Party in writing of his desire to terminate the service no later than thirty days from the date of the an- nouncement or notification and undersign the contract termination form referred to in Article 8; otherwise this will be considered his accep- tance of these amendments.
Upon concluding this contract, the Second Party commits to sign the delegation form for direct service EG-Automated Clearing House for periodical collection of the annual membership as provided in article Five.
The Parties agree that the duration of this contract is one year, automatically renewable, unless they agree not to renew it, pursuant to the terms and procedures stipulated in the Eighth Article. In case of delaying the payment of the annual subscription fees for one month, the Second Party shall be charged with a fine equal to 20% of the subscription fees, at a max- imum date of thirty days to the termination of the grace period granted for payment, to be multiplied upon the payment period multipli- cation. The Second Party, in his capacity, shall not be entitled to use the barcodes, subject-matter of the contract, unless after settlement of the annual subscription charges for each year in- dependently. The First Party shall be entitled to dissolve this contract upon the termination of the year, for which subscription fees have been paid, according to this contract, without having to serve any prior notice or notification or acquiring a judicial ruling. In this case, the First Party shall immediately retrieve the right of using these barcodes and lease them to third party of his own accord. The Second Party shall not be entitled to use these bar- codes, subject-matter of the contract, and shall incur all entailing civil and criminal legal consequences.
If the second party does not wish to renew this contract, it commits to sign the form of termination of the contract at the head office of the Company (First Party) and commits not to use the product identification numbers in the future. The termination notice will be in two copies, each party holding one of them and should be signed before the expiry of the contract by at least sixty days. The second party non attendance or non submission of the form is deemed a statement confirming its use of the numbers, subject of this contract, and all the provisions of the contract remain effective and enforceable to it; but this does not prevent the first party to exercise its right to terminate the contract without warning or notification or prior judicial ruling.
The Second Party acknowledges the correct- ness of the submitted data and documents and is considered personally responsible for them; it also commits to notify the First Party in writing, immediately upon any change or modification occurring to such data or docu- ments delivered to the First Party
Each of the two parties acknowledges having adopted the addresses inserted in this con- tract as elected domicile for all what concerns the implementation or termination of this con- tract and that any notification or mail sent to it shall be deemed valid unless any party has notified the other one through registered letter with acknowledgement of receipt of re- placement of the address by a new one within fifteen days from the date of the change.
The Arabic language is the accredited lan- guage in construing the contract and for its im- plementation; however, both parties may use one foreign language for writing the contract or part of it next to the Arabic text. Should a contradiction appear between the Arabic and foreign texts, the Arabic shall prevail.
If the Second Party infringes any of the terms of this contract, he shall have to pay eighty thousand Egyptian Pounds, as a penal condi- tion for such violation. The contract shall be automatically dissolved, and the First Party shall be entitled to claim indemnity if neces- sary.
The provisions of Egyptian laws, regulations are applicable to this contract; any dispute or conflict arising from the subject of this con- tract including failure, termination, enforce- ment or nonenforcement of this contract, falls under the jurisdiction of the Cairo Economic Courts, as the barcode and product identifi- cation numbers owned by the first party and subject to this contract are covered by the protection provided by the Egyptian Intellec- tual Property Law No. 82 of year 2002 and governed by its provisions.
This contract was issued in three copies (two copies deposited in the head office of the first party and one copy held by the second party) to be used accordingly. The second party acknowledges having read and understood the forms attached to this contract and agreed and committed to comply with their provisions. In confirmation of the above, both parties con- cluded this contract on the aforementioned date.