DUBAISEOMASTER Terms and Conditions.
The following Terms and Conditions apply to all goods and services offered and provided by The Supplier, including website design and development, online marketing & SEO services (including but not limited to SEO [organic search engine optimisation], Pay-Per-Click Management, Social Media Optimisation and Local Search services) offered and provided by the Supplier.
- “Material” means any data, information, contents, documents, text, images and any other item which is used during or in the construction of the Client’s website(s), and / or for use within a campaign, or the provision of any goods and services to the Client by the Supplier.
- “Services” means the services offered and provided by the Supplier, including website design and development, online marketing & SEO services together with any ancillary goods services as detailed in individual invoices.
- By accepting you have read the terms and conditions, the Client indicates that the Terms and Conditions have been read and agreed to and that these Terms and Conditions form an agreement between the Client and the Supplier.
- The agreement takes effect once the first monthly payment is received in full.
- Whilst the Supplier will use all reasonable endeavours to complete any supply or services within any time estimate given, time is not of the essence within this contract.
- The nature of certain services means that they are provided on an “as-is” basis. In particular, the Supplier cannot guarantee that services will be uninterrupted, secure or error-free and are not liable in this regard.
- (a) It will always remain the Client’s responsibility to retain up to date back-ups of any materials.
(b) The Supplier accepts no responsibility whatsoever and will not be liable for any losses, claims or damages which may arise because data is not backed up.
- The Client agrees that they are solely responsible for the use of any services provided to them and confirm that they will not misuse them in any way and will use the services legally and only for the purposes that they are intended to be used for. This includes responsibility for the security of passwords, if applicable, and for ensuring that they do not breach any third party rights, prohibited activity or misuse policies.
- Any services the Supplier provides may be reliant on information provided by the client. The Client is solely responsible for ensuring that any information they provide is accurate, correct and up-to-date. Data will be held according to current applicable Data Protection legislation subsisting in Dubai.
- Save as to give effect to the terms of this agreement, until such information comes into the public domain or they are required to do so by law or Court Order, both parties agree that they will not disclose any confidential information relating to the business.
- Unless it is agreed otherwise in writing, the Client specifically agrees that the Supplier has full and exclusive working rights within the terms of this agreement and that the Client will not involve other parties without the Supplier’s specific agreement in writing.
- Any queries relating to these Terms and Conditions can be sent to the Supplier at email@example.com.
(Non-link building) Design and Material Ownership and Responsibility
- The Client grants the Supplier a non-exclusive, worldwide, and royalty-free licence for the whole of any term, including any renewal term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use the Client’s materials as necessary solely for the purposes of rendering and operating the services to the Client.
The Client confirms that
- (a) Any material passed to the Supplier has been checked as being accurate, suitable for the client’s use, is proofread, is final and requires no further amendment and does not breach any copyright, intellectual property rights or the rights of any third party, whatsoever in nature, is not contrary to any law and is virus-free and functions satisfactorily.
(b) They will not do anything which could restrict or inhibit the Supplier’s access for any examination, including following any complaint regarding the services.
(c) They will allow the Supplier full access to any existing technology, software, data and hardware and access to any information, documents and accounts and materials the Client may hold which relate to the services.
(d) In order to use certain services, the Client will need hardware and software which meets minimum criteria.
(e) Any access and anything which the Supplier requires from the Client will be provided within any reasonable deadlines and in the format specified by the Supplier. If the Supplier has to do any work because the Client has not provided in the correct format, or there are any problems with the format or generally, then the supplier reserves the right to charge the Client an additional amount for that work and all costs associated with it. The Supplier will never be held responsible where the Client does not provide materials to the Supplier within specified deadlines.
- Upon payment of the amounts due under this agreement, the Supplier grants the Client a non-exclusive, worldwide, and royalty-free licence until termination of the agreement between them to use the services and any results of those services provided to the Client.
- All material supplied directly by the Client will remain the Client’s property. Unless otherwise specifically provided for in individual invoices, any additional resources, websites and materials that are used to promote the Client’s website but are not purchased and/or supplied directly by the Client, remain the property of the Supplier.
- Supporting websites owned by the Supplier will always remain the property of the Supplier, particularly with regards to domain name and content.
- (a) The material supplied directly by the Client will remain the Client’s property.
(b) Upon cleared payment of the full amount due the Client will acquire the copyright to the material specified within the invoice.
(c) In any event, all rights, including copyright for all material provided by the Supplier, such as HTML code, graphics, photographs and text, will remain the property of the Supplier until such time as cleared payment has been made in full.
- The Supplier will make every effort to design pages that display acceptably in the most popular current browsers, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after pages have been designed.
(Link Building) Internet Marketing / SEO Services & Consultancy
- The Supplier accepts no responsibility or liability if any search engine, online directory, search site or other online entity, submitted to as part of any marketing campaign, chooses not to list a Client’s website and/or drops a Client’s website.
- The Client is aware that no results are guaranteed as a result of the services. Whilst the Supplier will make every reasonable effort to promote the websites effectively, ethically and responsibly, no guarantee of SEO results can be made as search engines are commercial companies and are at liberty to change how they rank websites at any time.
- All research data, email addresses and web enquiries gathered whilst a marketing campaign is being processed remain the property of the Client.
- Payment for all ongoing services will be made by Paypal.
- Payments for all ongoing services will be made monthly in advance.
- Work will not begin on any service until the correct funds have been cleared through the banking system from the initial payment.
- The very nature of the services the Supplier supplies means that third parties may be involved and the Client will need to adhere to any agreements which may apply between the Client and that third party.
- Some features of the Supplier’s services will be based on software or items provided by third parties. Any such software is provided on an “as-is” basis, without warranty, and the Client specifically agrees that the Supplier cannot be responsible for any faults, failures, errors, or issues relating to the operation of third party software nor the availability of updates and upgrades.
- Part of the Supplier’s service to the Client may be that the Supplier is simply managing the means for the Client to establish, and maintain a website such as by arranging Search Engine Optimisation and hosting. It is the Client’s responsibility to adhere to any agreement that is in force pertinent to the hardware, software or any other item in the form of a user agreement. By entering into any agreement with the Supplier, the Client is also confirming that they have read and agree to adhere to, that user agreement, including any fee payment, and that the Client understands that there is an agreement directly between the Client and the Third Party.
- Furthermore, the Client specifically agrees that the Supplier shall have no liability, obligation or responsibility for any activity, use or dispute between the Client and any such third party.
- (a) To the extent that the law allows the Supplier will not be held responsible for any loss, incidental or consequential damage, or loss whatsoever, including any third party losses or losses caused by third parties, arising out of installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, transit or any part whatsoever of the provision of services, including any failure to provide.
(b) In the unlikely event that the Supplier would be held liable for any losses occurring as a result of using/failing to use the services or at all, then such total damages for any loss whatsoever shall be limited, in relation to any one incident or series of related incidents, to 100% of the amount paid by the Client.
The Client confirms that the Supplier reserves the right to include
- (a) Details of any services provided, including any images to show the nature of the work, for the Supplier’s use either on their website or within any printed portfolio, as an example of the Supplier’s work together with, as the Supplier requires, a link back to their site.
(b) Reference to either the individual or the Supplier’s organisation, or both, as having developed and designed any services provided for the Client.
Termination of Agreement
- The Client has the right to terminate the agreement with the Supplier at any time. The Notice will take effect 30 days after its receipt
The Supplier reserves the right to terminate
- (a) Immediately, if the Client breaches any term of the agreement between them.
(b) By giving the Client 30 days’ written notice for any other reason.The Supplier will not be responsible for any other liability whatsoever, including claims, expenses, fees, relating to the notice period and/or termination or cessation of any services.
- (a) The Supplier’s obligation to supply any goods and/or services to the Client ceases.
(b) The Client’s right to use the services, including any results of the services, ceases.
- Refunds will not be made if at any point during the campaign, the client has failed to act on the professional recommendations of the Supplier, or implement changes suggested by the Supplier, in a prompt and timely manner.
- Payments for Pay-Per-Click, Local Search or Social Media services, or payments for any other purchase or service, will not be refunded.
- These Terms and Conditions shall be interpreted, construed and enforced in accordance with Arab law and shall be subject to the exclusive jurisdiction of the Arab Courts.