Terms and Conditions | Tomasz Babiec

Terms and Conditions

GENERAL INFORMATION. SUBJECT OF THE AGREEMENT

The Portal is a platform that provides the possibility of booking paid or unpaid business consultations. The subject of the Agreement concluded by means of the Portal refers to the paid or unpaid business consultations carried out through remote communication tools (Service). This Service is provided based on the data provided by the Partner as part of the registration form.

The Service is provided solely to entities conducting a business activity. By placing an order for said Service, the Partner confirms that the Service is directly related to their business activity and is of a professional nature for them.

The Service is provided by SC Enterprises Group LLC, Sharjah Media City, Sharjah, UAE (Consultant).

Orders for the provision of Services can be placed by means of the Portal, twenty-four (24) hours a day. However, for the successful placement of the order, it is necessary to have at one's disposal (i) a computer or other device that allows the use of any web browser and has such a browser installed, (ii) access to the Internet, and (iii) an active email account. Orders for the provision of Services can be made without having an account on the Portal.

All materials created for the purpose of providing the Service remain the property of the Party that created them.

The Portal may not be used as a means of transmitting illegal content.

THE SERVICE. COMPLAINTS

The Service is provided by the Consultant on working days, in accordance with the date indicated by the Partner at the stage of the ordering of the Service. The Partner agrees to the recording of meetings and conversations related to the provision of the Service. The recordings will not be distributed or published by the Consultant, but only used internally, in order to set up the Consultant's operation and improve the performance of Services (e.g. to prepare a summary of the Partner's expectations and guidelines for the Consultant for the provision of other Services).

In the event that the Service performance is contrary to the ordered Service, the Partner has the right to file a complaint. Complaints should be submitted:

  • in writing, indicating the scope of the complaint (by means of registered parcel, excluding cash-on-delivery) to the following address: Sharjah Media City, Sharjah, UAE;
  • by email to the following address: [email protected].

Complaints are considered within thirty (30) days from the date of their receipt.

If the complaint is met with acceptance, the Consultant will agree with the Partner to the subsequent performance of the Service or will correct the VAT invoice and return the funds paid back to the Partner.

REMUNERATION

The condition for the provision of Services is the payment of the Consultant's remuneration. Through this, it is understood that the Consultant may suspend the provision of the Service in the event that said payment is not made.

The remuneration is paid by means of the electronic payment system. Once the payment has been made, the Consultant shall present the Partner with a VAT invoice. The Partner agrees to issue electronic invoices and deliver them to the email address provided when ordering the Service.

The amounts are always net amounts and do not include taxes and fees applied or collected in the UAE, the Partner's country, or abroad. These fees are always borne by the Partner, with the exception of income tax charged to the Consultant by the UAE tax authorities.

LIABILITY

The Service to which the Agreement refers is a due diligence agreement. This means that the Parties do not agree on any results of the Service (e.g. the increase in sales with the Partner).

The Consultant's remuneration has been determined in a manner that is intended to reflect the limitation of the Consultant's liability, and thus represents a reasonable and commercial sharing of risk between the Parties. In connection with the aforementioned, the Consultant excludes, to the maximum extent permitted by applicable law:

  • all assurances, warranties, and conditions which may have effect between the Parties, or which may be implied or incorporated by the law and/or custom and/or otherwise, except for any conditions or warranties the exclusion of which would be contrary to any reason that would make this point invalid;
  • all losses or damages of the Partner and third parties submitting claims to the Partner, regardless of their causes, source, fault of the Consultant, knowledge of the Consultant about the possibility of their occurrence and the time of their occurrence, including lost profits, lost sales, lost investments, lost business, business opportunities or savings, permanently or temporarily lost data or systems, change in the company's financial value, lost reputation, losses related to the permanent or temporary cessation of activity, except for liability the exclusion of which would be contrary to any reason that would make this point invalid.

Each time the liability of the Consultant:

  • for an improperly performed or non-performed Service: is limited only to the subsequent provision of a given Service or covering the costs of the subsequent provision of a given Service by an entity other than the Consultant;
  • in any other case: is limited to the amount of remuneration obtained by the Consultant for the performance of a specific Service with which the liability is related.

THE LAW AND COMPETENT COURT

This Agreement is governed by UAE law. In matters not covered, the provisions of UAE law are directly applicable.

Any disputes between the Parties arising in connection with or under the Agreement, which cannot be resolved amicably within 14 (in words: fourteen) days from the date of the dispute, shall be settled by the court appropriate under UAE law.

CONFIDENTIALITY

The Parties jointly declare that all information, materials, accesses, and documents – regardless of their form and shape, in whole or in part – obtained by the Consultant as part of the Service are strictly confidential (Confidential Information). The Consultant will respect and maintain the confidential nature of Confidential Information and will not use said Confidential Information in a way other than in the performance of the Service. The Consultant undertakes to store all Confidential Information in a manner that guarantees no access to this data by unauthorized persons.

The obligation of confidentiality in the scope provided above lasts for a period of five (5) years after the performance of the Service.

AMENDING THE TERMS AND CONDITIONS

The Portal may amend and update the Terms and Conditions. Information about amendments is posted directly in the Portal. An amendment to the Terms and Conditions does not apply to Services already commissioned to be performed. The Terms and Conditions from before the amendment apply to such Services.