Terms of Service

General Terms

  • By receiving an invoice from us based on your request to work with us, you are agreeing to enter a work relation with Creative971 which is based on the below publicly available terms and conditions.
  • We will only execute work that has been prepaid as per staggered payment terms/ milestone related, if we execute work prior to it being paid (due to good faith), it will automatically result in the payment being due.
  • once a service task/ website is complete – e.g., completion means it is technically fit to be live. Creative971 is entitled to receive any final payments/ outstanding within max 14 calendar days via bank transfer or cheque payment.
  • Non-payment of services that were executed, will result in legal action once the 14 calendar days grace period for settling the payment has expired.

 

The present general terms and conditions regulate the acquisition and use of the services and websites sold by Creative Nine Seven One Web Design LLC, which can be purchased and used by the customer on the basis of the provisions below.

 

#1 Theme and Customization 

Creative971 is the service provider for the E-Commerce Website for the Client.

The Client does not acquire any intellectual property in the purchased Theme. The subject of the contract is exclusively the use of the Theme plus Customizations.

 

#2 Quality, Defects and Liability

Creative971 is not liable for defects in theTheme purchased by the Client via Shopify. If the purchased software is defective, the statutory provisions apply.

Creative971 is not responsible for the content provided by the Client and by when the Client decides to deploy the content. In particular, Creative971 is not obliged to check them for legal violations or completion etiher.

If third parties make claims against Creative971 for possible legal violations that can be traced back to misconduct by the Client, the Client undertakes to indemnify Creative971 from any liability and to reimburse him for all costs that it incurs due to the possible legal violation, meaning: Creative971 is in no way related to or reliable for the business practice of the client, nor is Creative971 related to the business or legal operations of the Client.

Further, Creative971 cannot be held liable for any disputes with clients or third parties (e.g. Shopify, licenses, third party software, payment gateways, laws of the UAE or GCC; i.e. and others)

 

#3 Copyright

The Client is aware that the Theme he has purchased from Shopify may be subject to third-party copyrights. The Client must observe these copyrights. 

This Theme is graphically edited and overwritten by Creative971, so that it creates its own creation that enjoys copyright protection.

The Client may only use the purchased theme and Creative971 customizations on his website and may not sell it to third parties or otherwise make it available to them for use.

 

#4 Disclaimer & Deliverables

The Client has to inform himself about the essential functional features of the Theme or software and bears the risks of whether it corresponds to his wishes and needs. The establishment of a functional and adequately dimensioned hardware and software environment for the software, also taking into account the additional load caused by the software, is the sole responsibility of the Client. 

If the website and its operations are not available on a specific date and time or are down due to force majeure, Creative971 cannot be held responsible.

Deliverables are stipulated withinn the scope and designs and once agreed on can only be changed mutually, usually changing designs and scopes will result in additional payments that either will be billed at 375 AED/per hour plus UAE VAT of 5% or it has to be discussed mutually and a separate scope and payment has to result.

Coverage of this agreement is the 2. Scope of Work only and not any further work on the store. Marketing related ongoing tasks, actual SEO or digital marketing are not part of this agreement and to be dealt separately and to be quoted and dealt with individually.

 

#5 Data protection

The Client is informed that the service provider/ Creative971 must process personal data for tasks necessary to fulfill the contract.

Upon request, the Client can at any time request the personal data stored about him to be eliminated.

 

#6 Withdrawal/ Refund

The right of withdrawal and/or Refund expires once Creative971 has started executing the contract after you have expressly agreed that we will start executing the contract before the withdrawal period (7 calendar days from commencement of the invoice) has expired and you have confirmed that you are aware that you have given your consent to the beginning the execution of the contract lose your right of withdrawal.

In case of project cancellation after the 7 calendar days of Right of Withdrawal by the client, the payment cannot be refunded. If there are additional urgency requests to complete a website in faster manner than usual procedure processing time, then there can be no refund and no withdrawal rights even for 7 calendar days due to the urgency request and once the project kick off and work has been started, the full amount is due to be paid.

 

#7 Place of jurisdiction & legislationn

Place of jurisdiction is the DIFC, Dubai International Financial Center in Dubai, United Arab Emirates.

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About the Author:
Julia Jackle
Julia is the co-founder and CEO of Creative971 and has written blogs in the past for the Entrepreneur Magazine UAE. Her extensive knowledge in the E-Commerce industry in the UAE and GCC is widely appreciated.

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