Terms and Conditions

1.1. The following terms and conditions apply to all business relationships between the customer and Illevante Cloud LLC in Dubai, United Arab Emirates, hereinafter referred to as “we”. These terms and conditions form an integral part of all contracts concluded with the customer. These terms and conditions also apply to future services and offers, even if the customer does not separately agree to them again.

1.2. The terms and conditions of our customers or of third parties do not apply and do not form part of the contract, even in cases where we do not separately object to their application in individual cases.

1.3. We expressly reserve the right to make changes to our terms and conditions, system policies and prices, provided that prior notice is given to the customer through their account or to the email address listed in their contact information.

1.4. The terms and policies set out in the preamble apply in the order of precedence stated above.

1.5. Our employees and third parties authorized by us are not entitled to make any oral agreements or to give the customer any oral guarantees or commitments.

1.6. Where domain names are the subject of this contract, the corresponding terms and conditions also apply.

2.1. The contract is deemed concluded when the customer submits their order and we accept that order in accordance with paragraph (2.4) of these terms and conditions.

2.2. Our offers are subject to change and non-binding. We reserve the right to make technical or other changes within reasonable limits.

2.3. The customer confirms that the data provided in their account is correct and complete, and undertakes to notify us in writing of any changes to it within no more than 14 days. The customer also undertakes to provide evidence of the accuracy of the data on request.

2.4. The customer enters into a binding contract as soon as they submit the order and accept these terms and conditions. We are entitled to accept or reject the contract contained in the customer’s order within 5 business days from the date the order is received. A mere confirmation of receipt of the order does not constitute binding acceptance of the contract by us.

2.5. Contracts are concluded for an indefinite period unless otherwise agreed.

2.6. Either party may terminate the contract by giving 30 days’ notice before the end of the month, without stating reasons. Different notice periods may apply to customers based on the description of the relevant services. Notice of termination is given in writing by postal letter, fax or email, or through the customer’s account via our secure customer interface.

2.7. In addition, we reserve the right to terminate the contractual relationship without prior notice for good cause. Good cause exists, among other things, if the customer fails to meet payment obligations or breaches other material obligations. The customer’s use of content that harms the regular operation or the security of our infrastructure, or that breaches paragraphs (8.1) to (8.3) of these terms, is also cause for suspending the services or terminating the account without notice.

2.8. If the customer wishes to transfer their contractual rights and obligations to a third party, our prior written consent is required. The transfer request must be submitted in writing, whereupon we undertake to verify the capacity of the assignor and the identity of the third party.

3.1 The scope of the contractual service is determined by the product description in force at the time the customer places their order, and by the written agreements arising from it. We reserve the right, after giving prior notice, to discontinue services we provide free of charge or to charge fees for those services.

3.2 Where the subject of the contractual relationship is the registration of domain names, our obligation is limited solely to acting as an intermediary in the registration procedures for the requested domain. We accept no legal liability and give no guarantees as to whether the domain registration authorities will actually allocate the domain name the customer requested in their order. The customer may not assume that the domain name has been allocated to them until we have formally confirmed the allocation, as we have no influence over domain allocation decisions.

3.3 We undertake to make economically reasonable efforts to achieve an average annual network availability of 99.97% in our data centers.

3.4 Where the service includes the allocation of an Internet Protocol address (IP address), we do not check that address against blacklists, and the customer is not entitled to demand a specific IP address. We reserve the right to change the IP address allocated to the customer, where necessary, with prior written notice.

3.5 Where we provide technical support services beyond those set out in the service description, we invoice these services separately.

4.1 Illevante Cloud LLC invoices the customer for any contractually binding services at the current prices published on its website (www.illevante.com), plus statutory value-added tax. Where the service relates to shipped goods, the price includes postage and packaging from the specified storage location.

4.2 In accordance with the contractual agreement, we process monthly, quarterly or annual invoices through the agreed payment methods. The customer undertakes to comply with the terms and conditions of the payment service provider they use to pay their invoices.

4.3 Where we allow the customer to defer payment, we reserve the right, even without sending a reminder, to impose a late-payment penalty from the due date.

4.4 The customer undertakes to pay all fees and taxes arising from use of the service or through third parties authorized by the customer. Invoicing is free of charge exclusively in electronic form, while a corresponding fee is charged for delivery by paper mail.

4.5 The customer undertakes to comply with all applicable export and import control regulations, in particular US regulations and all other relevant regulations.

5.1 The customer has full and sole administrator rights for all root and cloud server products. The customer alone is responsible for managing and securing these products, at their own expense and on their own responsibility.

5.2 By using our services, the customer undertakes to set up and manage their servers in a way that does not endanger the integrity and availability of third parties’ networks, servers and data. In particular, using the servers to launch denial-of-service (DDoS) attacks, or to run open mail relays or any other systems capable of such acts, is strictly prohibited. If the customer breaches this agreement, Illevante Cloud reserves the right – without prior notice – to block the server and terminate the contract without prior warning.

5.3 For managed server products and services, we grant the customer basic usage rights only. We monitor these servers 24 hours a day to detect service outages, and we provide customer support free of charge for simple services. For more extensive services taking 15 minutes or more, we charge a flat service fee subject to prior agreement with the customer.

5.4 The customer undertakes to use the services provided properly and to refrain from any abusive or unlawful acts.

5.5 The customer is responsible for backing up their data regularly; these backups must be stored outside the server we provide. Where data is transferred to us on the customer’s servers, the customer undertakes to back up this data regularly. The customer also undertakes to make a full backup of the data before making any change, whether on their own behalf or on behalf of a third party. However, in the event of data loss, the customer undertakes to transfer the relevant data files to us again free of charge or to restore the data themselves.

6.1 Data is processed in accordance with the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information, available at the following link: https://www.illevante.com/legal-hub/privacy-policy

6.2 If the customer also wishes to process third parties’ personal data using our services, the customer alone remains the responsible party under data protection law. We process personal data solely in our capacity as a “data processor” under Article 28 of the General Data Protection Regulation (GDPR) if the customer has concluded an order-processing contract with us. This order-processing contract is not concluded automatically; where necessary, we may give the customer the opportunity to conclude an order-processing contract through their account, supplemented by the EU standard contractual clauses if the customer orders products located in a third country.

6.3 We hereby advise the customer that, as a general rule, we are unable to determine whether or not the customer processes personal data. The customer therefore undertakes to provide us with the necessary information, in particular whether third-party data is processed, for what purpose this data is processed, and which categories of personal data and categories of data subjects will be assigned. In the absence of an order-processing contract containing the necessary information from the customer, we will assume that the customer does not process third parties’ personal data using our services, and accordingly we will not take any measures under data protection law.

6.4 We hereby advise the customer that, given the current state of technology, there is as yet no fully comprehensive form of protection for data transmitted over the internet. The customer alone is responsible for the integrity and security of all data they store on any of their products.

7.1 The customer may grant third parties a contractual right to use any of the services they order from Illevante Cloud LLC. In this case, the customer remains the sole contractual partner and continues to be solely and fully responsible for compliance with the contractual agreements concluded between us and the customer.

7.2 If the customer transfers the usage rights to the services of Illevante Cloud LLC to a third party, the customer undertakes, at the time of transfer, to ensure that all legal and contractual provisions are followed. This applies to any changes that require the third party’s cooperation.

7.3 If the third party breaches contractual obligations or fails to meet its duty to cooperate, or if the data provided by the third party is incorrect or incomplete, or if other problems arise in connection with granting usage rights to third parties, the customer bears full responsibility for all resulting damage and, in addition, undertakes to indemnify us against all claims brought against us by the third party or others.

8.1 The customer undertakes personally to verify and comply with the legal provisions arising from the use of the contractually agreed services, in particular telecommunications law and the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection law. The customer acknowledges their obligation to indemnify and hold us harmless against all third-party claims arising from a breach of these obligations.

8.2 The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. This includes in particular, without limitation, pornographic or obscene material, extremist content, content that offends public decency, gambling, or material that may seriously endanger the morals of children or young people or that infringes the rights of third parties (copyright, name rights, trademark rights and data protection rights). It also includes publishing content that contains defamation, insults or disparagement of persons or groups of persons.

8.3 Sending spam is prohibited. This includes in particular sending unauthorized and unsolicited advertising to third parties. When sending emails, it is also prohibited to give false sender details or to conceal the sender’s identity in any other way. Running cryptocurrency mining applications remains prohibited; this includes, without limitation, cryptocurrency mining, farming and plotting. We are entitled to block the customer’s access to the services of Illevante Cloud or to their account in the event of non-compliance.

8.4 If we become aware of unlawful activities, we are obliged to ask the customer to remove the infringing content immediately, and we are entitled to block the customer’s access to the services of Illevante Cloud or to their account.

9.1 The customer uses the services of Illevante Cloud LLC at their own risk. Our liability for indirect damage is limited to cases of intent or gross negligence only, and does not include liability for loss of profit (lost profits). In cases of negligent breaches that do not amount to gross negligence or intent, our liability is limited to foreseeable damage typical of this type of contract, up to a maximum not exceeding 100% of the monthly rent for the customer’s product.

9.2 If the customer breaches the content obligations set out in Article (8) of these terms and conditions, in particular with regard to legal prohibitions and violations of public morals, the customer is liable to us to compensate all direct or indirect damage arising from it, including financial losses. Furthermore, the customer undertakes to indemnify and hold us harmless against third-party claims – whatever their legal basis – resulting from the acts of the customer or of third parties appointed by the customer. This indemnification obligation also covers all legal defense costs incurred.

Where the service consists of goods delivered by post, a limitation period of 12 months after delivery applies to claims relating to defects. Where the service consists of the delivery of used goods, we accept no liability for any defects in them. The statutory limitation period also applies to claims for damages in cases of gross negligence and intent, and in cases of injury to life, body or health resulting from an intentional or negligent breach of duty by the user.

The customer grants Illevante Cloud LLC a lien on the equipment and devices installed by the customer or by third parties in the data center, as security for payment of any outstanding debts arising from the contractual relationship. We are entitled to enforce the lien after notifying the customer of their outstanding debt if the customer has not settled all debts within 10 business days from the date of receipt of the notice of sale. Any surplus from the sale is paid to the customer once the debts and expenses have been settled in full.

12.1 The customer is entitled to cancel this contract within fourteen days from the date of its conclusion without giving any reason. To exercise the right of cancellation, the customer must notify us at Illevante Cloud (address: Office No 6, AlKhabeesi Bldg., AlKhabeesi, Dubai, UAE; phone: +971 50 10 58 405; email: support@illevante.com) by means of a clear statement (for example, a letter sent by post, a fax, an email, or via the customer account in our secure online administration interface) of their decision to cancel this contract. The customer is entirely free to use the cancellation form provided for this purpose, although it is not mandatory. To meet the cancellation requirement, it is sufficient for the customer to send a clearly worded notice of their wish to exercise the right of cancellation before the deadline expires.

12.2 Cancellation procedure: if the customer cancels this contract, we will refund all payments received from them, including delivery charges (except for additional costs resulting from the customer’s choice of a type of delivery other than the least expensive standard delivery we offer), immediately and no later than fourteen days from the date we receive the notice of cancellation of the contract. The refund will be made using the same means of payment the customer used for the original transaction, unless the parties have expressly agreed otherwise. Under no circumstances will the customer bear any fees for this refund.

If the cancelled item is a service whose performance had already begun at the time of cancellation, we will invoice the customer the pro rata amount corresponding to the service provided up to the date of cancellation.

13.1. This agreement and all services provided by Illevante Cloud LLC are governed by and construed in accordance with the laws and legislation in force in the United Arab Emirates.

13.2. Amicable settlement (amicable resolution): if any disagreement, claim or dispute arises in connection with this agreement or with the use of our services, the customer agrees first to attempt to resolve the dispute amicably and in good faith, by communicating directly with the management of Illevante Cloud LLC through our approved official communication channels, and by giving the company a period of no less than 30 days to respond and address the problem.

13.3. Jurisdiction: if an amicable settlement of the dispute cannot be reached within the above period, the parties agree to refer the dispute exclusively to the competent courts in the Emirate of Dubai, United Arab Emirates, and these courts are the sole body authorized to hear any claims or legal proceedings arising from this agreement.

13.4. Domain name disputes: disputes relating to the ownership of domain names (such as claims of infringement of third parties’ trademarks) are excluded from the preceding clauses. Such disputes are governed exclusively by the “Uniform Domain-Name Dispute-Resolution Policy” (UDRP) adopted by ICANN, and the customer must follow the procedures set out in that policy to resolve any dispute with third parties over the domain name.

14.1 This clause applies to every review sent through the “Customer reviews” page of our website, and sending a review constitutes acceptance of it. Personal data contained in a review is processed in accordance with item 9, “Customer reviews”, of the privacy policy. Reviews written on external platforms, such as Trustpilot, are subject to those platforms’ terms and policies, and this clause does not apply to them.

14.2 Anyone who has actually dealt with us may write a review: a current or former customer, or someone who has contacted our technical support, customer service or sales teams. The reviewer confirms that the review reflects their genuine personal experience, and that they are not writing it on behalf of someone else, nor as an employee of ours or of a competitor.

14.3 A review may not contain: content that is unlawful, abusive or defamatory or that incites hatred; personal data of anyone other than its author; login credentials or confidential information; links, advertising or spam; impersonation of another person; or anything unrelated to our services or to its author’s dealings with us.

14.4 We offer no payment, discount or benefit in return for writing, changing or deleting a review; we do not write reviews in our customers’ names; and we do not publish reviews of our services written by our employees or by anyone working on our behalf. No one may send fake, duplicate or paid reviews.

14.5 We read every review before publishing it to check that it complies with this clause. We publish high and low ratings alike, we do not edit their text, and we do not hold back a review because of its rating or because it criticises us, but only for breaching clause 14.3 or 14.4; we keep a review we hold back in our internal records without publishing it. Publishing a review does not mean that we confirm what it says.

14.6 The reviewer keeps their rights in the review and, by sending it and agreeing to its publication, grants us a non-exclusive, free licence to publish and display the review and the name they chose on our website, on the “Customer reviews” page, the page of the service it reviews and the home page, and to include them in the structured data that search engines read, without changing its substance. This licence lasts for as long as the review stays published, and ends with a request to delete it under clause 14.8. We may choose some reviews to highlight, without this changing the averages and figures shown, which are calculated automatically from all published reviews.

14.7 We may reply publicly to any review in the name of Illevante Cloud, and the reply is published beneath it. We do not disclose any data about the customer’s account or services in our replies without their consent. We may use the email address sent with a review to confirm that its author is our customer; “Verified customer” appears beside their name only once that is confirmed, and the email address is never published.

14.8 The reviewer may at any time ask us to delete their review or change the name shown with it, by writing to data-protection@illevante.com from the email address the review was sent from. The text of a published review is not edited; its author may send a new review to replace it.

14.9 Reviews express the opinions of their authors alone. The reviewer is responsible for what they write in the review and undertakes to indemnify and hold us harmless against third-party claims arising from their breach of this clause.

15.1 These terms and conditions and the contractual relationship between us and the customer are governed by the laws of the United Arab Emirates, excluding the United Nations Convention on Contracts for the International Sale of Goods and the rules of private international law.

15.2 The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office at Office No 6, AlKhabeesi Bldg., AlKhabeesi, Dubai, UAE. However, we are entitled in all cases to take legal action at the customer’s place of business. Mandatory statutory provisions, in particular those concerning exclusive jurisdiction, remain unaffected.

15.3 If any provision of these terms is invalid or unenforceable, in whole or in part, this does not affect the validity and enforceability of the remaining provisions. The same applies if this contract is found to contain any gap or omission. The invalid or unenforceable provision is replaced by an appropriate provision that comes as close as legally possible to the meaning and purpose of the original provision or to the presumed intention of the parties, as if they had taken this point into account when concluding the contract.

This document contains very important information about your rights and obligations, as well as conditions, limitations and exclusions that may apply to you, in addition to the terms and conditions of Illevante Cloud. Please read it carefully.

By placing an order for services from Illevante Cloud in the United States of America, you accept and agree to be bound by these special terms and conditions. You may not order or obtain services from Illevante Cloud if you: (a) do not agree to these Terms; (b) are under 18 years of age or have not reached the legal age to enter into a binding contract with Illevante Cloud; or (c) are prohibited from accessing this website or using any of its content or services under applicable law.

If any of these special terms and conditions conflict with the current terms and conditions, these special terms and conditions take precedence and prevail over any other terms and conditions of Illevante Cloud.

These special terms and conditions (the “Terms”) apply to the purchase and sale of services (“our Services”) through the website https://illevante.com (the “Site”) in the United States of America (“USA”), in addition to the general terms and conditions.

These Terms are subject to change by Illevante Cloud (referred to as “we” or “us”, as the context requires) with prior written notice at any time and at our absolute discretion. The latest version of these Terms will be posted on the Site, and you must review these Terms before purchasing any services available through the Site.

Your continued use of the Site after any change to these Terms is posted will constitute your acceptance of and agreement to those changes. If you do not agree to be bound by these Terms as last updated, do not use (or continue to use) the Site or the Services. In addition, we may terminate your use of the Services if you violate or breach any of these Terms.

We reserve the right to modify, change or discontinue any aspect of the Site or the Services at any time, including, without limitation, our prices and fees for the Site and the Services.

If you order or obtain Services on behalf of a legal entity (a company), you represent and warrant that you have the legal authority to bind that entity to the terms and conditions of this agreement, in which case the terms “you”, “your”, “user” or “customer” refer to that entity.

If, after your electronic acceptance of this agreement, we find that you do not have the legal authority to bind that entity, you will be personally liable for the obligations in this agreement, including, without limitation, payment obligations.

We will not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication that we reasonably believe to be genuine and to come from an authorized representative of your legal entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (without obligation) to request further authentication from you.

You also agree to be bound by these Terms for transactions made by you, by anyone acting as your agent, and by anyone who uses your account or the Services, whether or not authorized by you.

You must also review our Privacy Policy carefully before placing an order for Services through the Site, at: https://www.illevante.com/legal-hub/privacy-policy

Our offers are subject to change. The customer acknowledges and agrees that their order constitutes a legally binding contract, and that they accept these Terms with respect to all Services listed in their order. All orders must be accepted by us, otherwise we will not be obliged to provide the Services to the customer. We have the right, at our absolute discretion, not to accept any orders.

After receiving an order, we will send an immediate email confirming receipt of the order; this confirmation email does not constitute acceptance of the order and creates no contractual obligation. We are entitled to accept the order within five (5) business days from the date we receive it. On accepting the order, we will send an email containing the order number and details of the items ordered. We will not be legally obliged to process the order or to comply with the terms of this agreement until we have sent the “order acceptance” email. We may, as we see fit, combine the confirmation-of-receipt email and the order-acceptance email into a single email.

(a) We expressly reserve the right to make changes to prices by giving you prior written notice through your customer account or by using the email address you listed in your contact information.

We are not responsible for any pricing errors, typographical errors or other errors in any of our offers, and we reserve the right to cancel any orders arising from such errors.

(b) Payment terms are subject to our absolute discretion. Based on the contractual agreement, we process monthly, quarterly or annual invoices using the agreed payment methods. The customer undertakes to comply with the terms and conditions of the payment service provider they use to pay their invoices.

You represent and warrant the following:

• That the payment information you have provided to us is true, correct and complete.
• That you are duly authorized to use that payment method for the purchase.
• That you or your payment service provider will pay the charges you incur.
• That you will pay the charges you incur at the posted prices, including all applicable taxes, if any.

We are not obliged to review your content, and you alone are responsible for determining whether content belongs to you or to a third party. You may not publish any content that may infringe the rights of third parties or violate US federal law or the laws of any state of the United States of America. Nor may you publish content that may violate the rights of individuals or groups of persons, or that insults or disparages such persons.

You may not publish any content that infringes the rights of third parties or otherwise violates the law; this includes, in particular and without limitation, pornographic or obscene material, extremist content, content that offends public decency, gambling, and material that may seriously endanger the morals of children or young people; it also includes publishing content that contains defamation, insults or disparagement of persons or groups of persons. Furthermore, running cryptocurrency mining applications is prohibited; this includes, without limitation, cryptocurrency mining, farming and plotting.

In the event of non-compliance, we are entitled to block your access to the Service and/or your account.

You may allow third parties to use the Services we provide; however, you remain our sole contractual partner and bear full responsibility for any breaches of our general terms and conditions, these special terms and conditions, and all contractual obligations arising from use by the third party to whom you have given access to the Service.

If you transfer the usage rights to the services of Illevante Cloud to a third party, you undertake, at the time of transfer, to ensure that all legal and contractual provisions are followed; this applies to any changes that require the third party’s cooperation.

If other problems arise in connection with your granting a usage right to a third party, you bear full responsibility for all resulting damage and, furthermore, undertake to indemnify and hold us harmless against all claims brought against us by the third party or others.

You acknowledge and agree that you alone bear full responsibility for regularly backing up all your data, including any content you publish or store on our servers or through our Services. You understand and agree that in the event of a hardware failure, data loss or any other service interruption, Illevante Cloud will not be responsible for restoring your data or content, and we will bear no liability for the loss of or damage to such data.

We give no guarantees that backups we may make as part of our system maintenance will be available to you or that they will include all your data and content. It is therefore your responsibility to maintain external, independent backups of all your data.

Contracts are concluded for an indefinite period unless otherwise agreed. Either party may terminate the contract by giving 30 days’ notice before the end of the month, without stating reasons. However, different notice periods may apply based on the description of the relevant Services. Notice of termination is given in writing by postal letter, fax or email, or through the customer’s account via our secure customer interface.

In addition, we reserve the right to terminate the contractual relationship without prior notice for good cause. Good cause exists, among other things, if the customer fails to meet their payment obligations or breaches other material obligations, including a breach of any of these special terms.

(a) No spam: we have zero tolerance for sending spam. If we determine that there is a problem involving this type of message, we will take appropriate action to address the situation.

We define spam as sending unsolicited commercial email (UCE), unsolicited bulk email (UBE) or unsolicited faxes; that is, messages or faxes sent to recipients as advertising or otherwise without first obtaining confirmed prior consent to receive such communications.

We will not allow our servers and Services to be used for the purposes above. To use our products and Services, you must not only comply with all applicable laws and regulations, which include the “CAN-SPAM” Act of 2003 and the Telephone Consumer Protection Act, but you must also comply with the spam prevention policy set out above.

If we determine that the account, products or services concerned are being used in connection with spam, we may suspend or cancel any account, website hosting, domain registration, email mailboxes or any other related products or services. In this case, at our absolute discretion, we may require you to reply to us by email acknowledging that you will stop sending spam and/or stop having it sent on your behalf. We encourage all customers and recipients of email generated by our products and Services to report suspected spam. Any suspected abuse can be reported at the following link: https://illevante.com/abuse-report

You must also review our policy carefully before placing an order for Services through the Site (see: https://www.illevante.com/legal-hub/zero-spam-policy).

(b) Termination for spam policy violations: you agree that we are entitled to terminate immediately any account that we believe, in our sole and absolute discretion, is sending or is otherwise associated with any spam or unsolicited bulk email.

You acknowledge and agree to the following:

(a) To comply with all the terms and conditions of the license agreement for each product or service you obtain through the Site, including, without limitation, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, manufacture, modification, improvement, sublicensing or transfer of those licensed products and services.

(b) Not to cause, induce or allow others not to comply with the terms and conditions of any of the license agreements for these products and services.

(c) Illevante Cloud and its licensors remain the sole and exclusive owners of all (intellectual property) rights in and to each product and service available on the Site, and any related specifications, instructions, documentation or other materials, including, without limitation, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product or service license agreement. You do not own and will not acquire any ownership of these intellectual property rights in or to the products or services available through the Site, or any intellectual property rights relating to those products or services.

The processing of all personal data collected from you in connection with your purchase of products or Services through the Site is governed by our Privacy Policy, available at: https://www.illevante.com/legal-hub/privacy-policy. Your data remains your exclusive property at all times; we will use or disclose this data only to the extent essentially required to perform our Services or as required by law.

If you wish to process third parties’ personal data using our Services, you remain the sole responsible party under data protection law.

You may not assign any of your rights or delegate any of your obligations under these Terms and other contractual rights and obligations without obtaining our prior written consent. Any purported assignment or delegation in breach of Section (5) of this agreement is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. For an assignment and delegation to be valid, it must bear the signatures of the assignor/assignee and the delegator/delegatee.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. A waiver of any right or provision is effective only if it is in writing and signed by a duly authorized representative on our behalf.

These Terms do not confer, and are not intended to confer, any rights or remedies on any person other than you. The parties are independent contractors, and nothing in these special terms and conditions is intended to, or will, create any kind of joint venture, creditor-debtor relationship, escrow, partnership, employer-employee relationship, fiduciary relationship or franchise relationship between you and us (or any of our affiliates).

(a) To you: we may give you any notice under these Terms by:

Sending a message to the email address you provided to us.

Or by posting notices on the Site. Notices sent by email are effective at the time we send them, and notices given by posting on the Site are effective upon posting. You are responsible for keeping your email address up to date. We bear no responsibility or consequences arising from your failure to receive an email notice if this results from your providing us with an inaccurate email address.

(b) To us: to give us notice under these Terms, you must contact us as follows:

By mobile phone at: +971 50 10 58 405.

Or by personal delivery, overnight courier, or registered or certified mail to the following address: Office No 6, AlKhabeesi Bldg., AlKhabeesi, Dubai, UAE.

We may update our mobile number or postal address by posting a notice on the Site. Notices given by personal delivery are effective immediately. Notices sent by fax or overnight courier are effective one business day after they are sent. Notices given by registered or certified mail are effective three business days after they are sent.

The Site and our Services may contain links to third-party websites that we do not own or control. We bear no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party sites.

By using the Site or our Services, you expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be careful when you leave our Site or the Services available on it, and to review the terms and conditions, privacy policies and other governing documents of every other website you may visit.

You expressly acknowledge and agree that your use of the Site and our Services is at your own risk, and that the Site and our Services are provided “as is”, “as available” and “with all faults”. We, together with our officers, directors, employees, agents and all third-party service providers, disclaim all warranties, whether statutory, express or implied, including, without limitation, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Nor do we, or our officers, directors, employees or agents, make any representations or warranties regarding: (1) the accuracy, completeness or content of the Site, (2) the accuracy, completeness or content of any sites linked to this Site (through hyperlinks, banner advertising or otherwise), and/or (3) our Services or any sites linked to this Site; and we bear no responsibility or legal liability for them.

In addition, you expressly acknowledge and agree that any oral or written information or advice provided by us, or by our officers, directors, employees or agents (including, without limitation, our call center or customer service representatives), and by third-party service providers: (1) will not constitute legal or financial advice, and (2) will not create a warranty of any kind with respect to the Site or our Services; and you should not rely on any such information or advice.

The above disclaimer of representations and warranties applies to the fullest extent permitted by law, and survives any termination or expiry of this agreement or of your use of the Site or our Services.

In no event will we, our officers, directors, employees, agents or any third-party service providers be liable to you or to any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including damages that may result from: (1) the accuracy, completeness or content of the Site; (2) the accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Site; (3) our Services or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site; (4) personal injury or property damage of any nature whatsoever; (5) third-party conduct of any nature whatsoever; (6) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored on them; (7) any interruption or cessation of services to or from the Site or any sites linked to it; (8) any viruses, worms, bugs, Trojan horses or the like that may be transmitted to or from the Site or any sites linked to it; (9) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, indecent, obscene or otherwise objectionable; and/or (10) any loss or damage of any kind incurred as a result of your use of the Site or our Services, whether based on warranty, contract, tort or any other legal or equitable theory, and whether or not we have been advised of the possibility of such damages.

In addition, you expressly acknowledge and agree that in no event may our total liability exceed 100% of the monthly fee for the service we provide to you.

The above limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiry of this agreement or of your use of the Site or our Services.

You agree to protect, defend, indemnify and hold harmless our company and our officers, directors, employees, agents and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed on or incurred by us, directly or indirectly, arising from: (1) your use of and access to the Site or our Services; (2) your breach of any provision of these Terms or of the policies or agreements incorporated in them; and/or (3) your violation of any third-party right, including, without limitation, any intellectual property right or other proprietary right. The indemnification obligations set out in this section survive any termination or expiry of these Terms or of your use of the Site or our Services.

The Services we provide in the United States of America are subject to the export laws, restrictions, regulations and administrative decisions of the US Department of Commerce, the Treasury Department’s Office of Foreign Assets Control (“OFAC”), the Department of State and other competent US authorities (collectively, “US Export Laws”). You may not use our Services to collect, store or transmit any technical information or data controlled under US Export Laws. Nor may you export or re-export our Services, or allow them to be exported or re-exported, in violation of any US Export Laws.

None of our Services may be downloaded or otherwise exported or re-exported (1) to any country (or to a national or resident of any country) subject to a US trade embargo; or (2) to any person on the US Treasury Department’s list of “Specially Designated Nationals”, the US Department of Commerce’s “Denied Persons” list, or any other restricted-party lists under US Export Laws.

By using the Site and our Services, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of any prohibited country; that you are not on any restricted-party list; and you agree to comply with all US Export Laws (including the “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access the Site or our Services from other countries or jurisdictions, you do so on your own initiative and are responsible for complying with that jurisdiction’s local laws, to the extent those laws apply and provided they do not conflict with US Export Laws. If those laws conflict with US Export Laws, you may not access the Site or use our Services. The obligations set out in this section survive any termination or expiry of these Terms or of your use of the Site or our Services.

Subject to these Terms and our other policies and procedures, we will use commercially reasonable efforts to try to make the Site and our Services available twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that from time to time the Site and our Services may be inaccessible or may stop working for any reason, including, without limitation: equipment malfunctions; periodic maintenance, repairs or replacements that we carry out from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital data transmission links, hostile network attacks, network congestion or other failures. You also acknowledge and agree that we have no control over the continuous or uninterrupted availability of the Site or the Services, and that we bear no liability to you or to any other party in this regard.

We will not be liable to you, nor be deemed to have defaulted on or breached these Terms, for any failure or delay in our performance under these Terms where such failure or delay results from or arises out of acts or circumstances beyond our reasonable control, including, without limitation, acts of God, floods, fires, earthquakes, explosions, government action, war, invasion or hostilities (whether or not war is declared), terrorist threats or acts, riots or other civil unrest, national emergencies, revolutions, insurrection, epidemics, lockdowns, strikes or other labor disputes (whether or not relating to our workforce), restrictions or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, material defects, telecommunication failures or power outages.

All matters arising from or relating to these Terms and the contractual relationship are governed by and construed in accordance with the laws of the United Arab Emirates, without giving effect to any choice-of-law or conflict-of-laws provisions or rules that would result in the application of the laws of any other jurisdiction – including international jurisdiction – other than the laws of the United Arab Emirates.

The place of jurisdiction for all disputes arising from the contractual relationship is our registered office at Office No 6, AlKhabeesi Bldg., AlKhabeesi, Dubai, United Arab Emirates. However, we are entitled in all cases to take legal action at your place of business. Mandatory statutory provisions, in particular those concerning exclusive jurisdiction, remain unchanged and unaffected by this clause.

(a) If Section (22) cannot be applied under the law, the following rules apply.

(b) You and we agree to waive any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to any claim. Other rights that you would have had if you went to court may also be unavailable or limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the Site will be resolved exclusively and finally by binding arbitration.

(c) The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this agreement. The interpretation and enforcement of this section are governed by the Federal Arbitration Act. The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will have the power to grant any remedy that would be available in court under law or in equity. Any award of the arbitrator (or arbitrators) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(d) You agree to arbitration on an individual basis. In any dispute, neither you nor we will be entitled to join or consolidate claims by or against other customers in court or in arbitration, or otherwise to participate in any claim as a class representative, a class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction. If any provision of this arbitration agreement is found to be unenforceable, that unenforceable provision will be severed and the remaining arbitration terms will be enforced.

If any provision of these Terms is found to be invalid, illegal, void or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions.

These Terms, any license agreement relating to any product or service you obtain from or through the Site, our system policies, and any domain name registration agreement you obtain from or through the Site constitute the final and integrated agreement between you and us on the matters contained in these Terms.

For any question about these terms or our other legal documents, write to us or call us: