Terms and Conditions
This outlines our general terms and conditions of business (in the event we have signed a specific contract with you, the terms and conditions of that specific contract supersede those following):
Authorization and Acceptance
Your approval of an estimate, either by signature, email and/or issuance of LPO, is our authority to commence work and may incur time and material costs as necessary.
Confidentiality and Copyright
We assume everything you tell us is confidential, and your confidentiality will be jealously guarded. However, there may be occasions where it is appropriate to share certain information with business partners or others in order for us to deliver the agreed services. In such circumstances, please let us know what information is particularly sensitive and what can be disclosed.
We hold all intellectual copyrights in work done on your behalf until payment is received in full from yourselves. Once payment is received in full all intellectual rights become yours (except in instances where they do not reside with us such as stock imagery etc.).
Estimates and Change Requests
All estimates are based upon our due diligence to understand the requirements of the scope of work and degree of changes that may be required. Any significant variation in the amount of work, or level of change requests, will be reasonably discussed and may result in the submission of a subsequent and separate cost estimate.
Approvals and Progress
Your timely approvals will be sought as necessary at key milestones of the project. Any delay to feedback or sign-off may have delivery time or cost implications. For example, the technical nature of website development requires that a strict approval process is adhered to for key milestones such as e.g. user journeys, sitemap, functional specifications, designs, CMS platform, technical environments etc.
Terms of Payment
Payment terms are immediate unless agreed otherwise and specified accordingly on our invoice.
Payments can only be reasonably withheld by client if The Tribe is more than 10 days late in providing agreed deliverables to the specified timelines (where all necessary information and approvals have been received in timely fashion from client). Any dispute on the status of a specific deliverable item within a stage, should not constitute a reason for withholding all payment due (and should be limited only to that specific item).
Limitation of Liability
Except for reasons of gross negligence, wilful misconduct or fraud, neither party shall be liable to the other party for special, indirect, consequential, or incidental losses or damages of any kind or nature whatsoever, including but not limited to lost profits, lost records or data, lost savings, loss of use of facility or equipment, loss by reason of facility shutdown or non-operations of increased expense of operations, or other costs, charges, penalties, or liquidated damages, regardless of whether arising from breach of contract, warranty, tort, strict liability or otherwise, even if advised of the possibility of such loss or damage or if such loss could have been reasonably foreseen. Our liability under any circumstances whatsoever shall be limited to reasonable foreseeable loss suffered by you only up to an amount equal to our total fee income (excluding disbursements and third party costs) of the specific cost estimate rendered for that scope of work.
Law and Jurisdiction
You agree these terms will be governed by the laws in force in the Emirate of Dubai. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre. The parties agree to irrevocably submit to the jurisdiction of the DIFC Courts and waive any objection they may have to disputes arising out of or in connection with this Agreement being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (forum non conveniens).
If you have any queries
If there is anything here which you do not understand, please let us know and we will explain it to you.
If there are any problems
If you are dissatisfied in any way with our costs or service, please contact us immediately. We want to provide the best possible service and would like to know how we can ensure your satisfaction.