Terms and Conditions

1. Provider & Scope

1.1.
SmartFox Group FZCO (hereinafter “the Company”) offers services in the field of business consulting and life coaching. In addition, the Company may offer other services, which are mentioned on the official websites.

1.2.
The Company offers its services exclusively to businesses, including corporations, partnerships, sole proprietors, and self-employed individuals acting in a professional or commercial capacity. The Company does not conclude contracts with consumers as defined by applicable consumer protection laws. Should a consumer nevertheless purchase a service, the Company reserves the right to cancel the contract and refund any payments made.

1.3.
These GTC apply. Deviating GTC of the contractual partner do not apply.

2. Amendments to the general terms and conditions

2.1.
If there is a further development of the services of the Company, a legal adjustment or other events that can be classified as important, the GTC of the Company can be adjusted at any time. The new terms and conditions will be published on the website when they come into force. The new GTC can be objected to within two weeks of coming into force.

3. Conclusion of contract

3.1.
Customers who decide to cooperate with the Company will receive a written order confirmation or payment receipt. If the work of the Company has already begun and a customer is eligible for a refund, the customer shall owe the work already done by the Company.

3.2.
Should claims of third parties, arising from infringements of rights through the booking and use of services and offers of the Company, be asserted against the customer, the customer shall indemnify the Company against all claims immediately upon request.

3.3.
Until the final clarification of the claims and demands, the Company is entitled to temporarily suspend outstanding work.

4. Subject matter of the contract

4.1.
Customers who book or commission services from the Company receive the services described in the order confirmation or invoice.

4.2.
A description of the Company’s offers and services can be found on the respective websites. The Company has the right to extend or limit offers and services at any time. There is no guarantee that services will be offered in the future. If services are no longer offered, the Company can terminate existing contracts, subject to the notice period specified in 5.3.

4.4.
The Company has the right to commission third parties to provide the services offered. There is no obligation for the Company to provide details about third parties. Regardless of the party performing the service, the Company remains the contractual partner of the customer.

4.5.
The Company does not guarantee any particular success at any time. the Company offers with its services tools that can help to achieve certain business goals. The customer himself is responsible for his own goals at all times.

4.6.
The customer retains the rights to use his data. The Company has the right to use Apps and other content from customers for its own marketing purposes. These purposes are mainly but not exclusively related to the own website, third party platforms and directory-like platforms. This right does not expire upon termination of the contract. Deletion must be explicitly requested by the customer by e-mail to info@smartfoxgroup.com. It is possible that even after deletion of all data, copies of this data may still be on the Internet and outside the influence of the Company.

4.7.
The Company receives from the customer all data, access, information and documents required for the execution of the service free of charge. If the Company does not receive this indispensable information despite being requested to do so, the Company is released from its obligation to perform. If the Company nevertheless provides or has provided a service, the Company is entitled to charge for the additional expenditure incurred.

4.8.
Dates and deadlines are to be stated in writing in the offer, order confirmation or invoice. Subsequent deviations must be confirmed by the customer in writing. Should the Company not be able to meet dates or deadlines, the Company shall inform the customer immediately. Delays caused by the customer shall not be attributed to the company.

5. Contract duration and termination

5.1.
If not otherwise stated in the order confirmation or invoice, the contract is concluded for an indefinite period.

5.2.
The order of chargeable tariffs, offers and services leads to a contract for the use of precisely these chargeable services. Services are booked on the website via an enquiry form, by email, phone, WhatsApp, or SMS. In these cases, a written or spoken confirmation is to be seen as valid. All offers, no matter if already paid or not, the contract comes into effect immediately. The statutory withdrawal period applies. Contracts for offers and services that do not have a specific term are valid during their use.

5.3.
If not other differently in the oder confirmation or invoice, there is no period of notice. Cancellation is possible at any time, but must take place before the end of any term. Cancellations must be made in writing by email to the Company address given in the imprint. Cancellations by phone, WhatsApp, fax, to other email addresses or verbally are not valid.

5.4.
If a contract is not terminated in time in accordance with 5.3, it will be automatically extended by the previous term.

5.5.
For good cause, either party may terminate the contract at any time without notice. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the expiry of the notice period.

5.6.
If a customer withdraws from an order, the company shall charge the following percentages of the agreed order value as a cancellation fee: up to six months before the start of the order 10%, from six months to three months before the start of the order 25%, from three months to four weeks before the start of the order 50%, from four weeks to two weeks before the start of the order 80%, from two weeks before the start of the order 100%.

6. Prices and payment

6.1.
Prices may, but do not have to, be fully visible on the company's websites. The costs for services offered by the company can be calculated individually according to the customer’s order and the scope of the project. All prices quoted are net prices and do not include the value added tax applicable in the country of the company's registered office at the time of payment. The payment deadline stated on the invoice is decisive. Before booking a service, the customer will be informed of the respective costs incurred. This information can be given verbally or in writing. However, the invoice is always valid.

6.2.
For booked services of the company the payment terms are determined individually. Payments can be demanded 100% before service provision, 50% before service provision and 50% after service provision or following service provision. However, the company is also entitled to invoice partial payments at intervals during the course of a project.

6.3.
Payments are accepted by bank transfer, PayPal and credit card through the provided channels of the company. Cash payment is only possible on request. When booking a chargeable service, the customer will authorise the company to collect payments owed via the respective valid account. SmartFox Group is not obliged to provide the service until payment has been made. The payment can only be described as having been made when the company can dispose of the full amount.

6.4.
Costs for debt collection, mainly but not exclusively, for return debit notes due to lack of account coverage, incorrect information or other missing information not caused by the company, are to be borne exclusively and in full by the customer.

6.5.
If the customer is in default of payment, the company is entitled to suspend outstanding work and, if applicable, to withhold documents and records until the debt has been settled. Further claims and rights remain unaffected. The customer shall reimburse the company in full for any costs incurred as a result of the delay in payment. In the event of a delay in payment of more than ten days, despite a reminder, the company has the right of extraordinary termination in accordance with 5.5.

6.6.
The company may change the prices for offers and services at any time and without notice. Purchases made before the change are not affected by these changes and remain valid until the end of the contract.

7. Warranty

7.1.
The company shall ensure that the services offered can be used to the agreed extent and without infringing the rights of third parties in accordance with the contract. The company provides a warranty for this.

7.2.
If there is a material defect, the company is free to remedy the defect by a new delivery or by rectification. If such a defect cannot be remedied within a reasonable period of time, the company is free to withdraw from the contract or to reduce the amount owed. The number of attempts to remedy the defect is at the discretion of the company. A failure to remedy the defect shall only be deemed to have occurred if the company definitively ceases, refuses or unreasonably delays its work on remedying the defect.

7.3.
If the property rights of third parties are infringed by the company and the delivery of the service is delayed as a result, the company will at its own expense either acquire the rights for further use or offer an alternative equivalent solution that does not infringe the rights of third parties. If this is not possible within a reasonable period of time or under economically reasonable conditions, the company as well as the customer have the option to terminate the contract for good cause. In the event of infringements of property rights by the company, the customer shall be released from these by the company.

8. Liability

8.1.
In the event of injury to life, body or health caused by an intentional or negligent breach of duty by the company or an intentional or negligent breach of duty by a legal representative or vicarious agent of the company, in the absence of a guaranteed quality and for damage caused by the company or a vicarious agent or legal representative of the company intentionally or through gross negligence, the company shall be liable in full for the damage incurred, irrespective of the legal grounds.

8.2.
Unless life, body or health are affected, product liability does not apply or a guarantee has been declared for the circumstance, liability is excluded for simple negligence, for non-essential contractual obligations.

8.3.
In the event of a negligent breach of an obligation essential to the contract, the fullfilment of which is mandatory for the performance of the contract, the company shall only be liable to the extent of the damage foreseeable at the time of the conclusion of the contract, as a rule.

8.4.
Any further liability of the company for damages or compensation for futile expenses is excluded.

8.5.
Insofar as the liability of the company is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of the company.

8.6.
Events of force majeure which make it substantially more difficult or impossible for the company to perform a service or obligation entitle the company to postpone the performance of this obligation or obligation for the duration of the hindrance and a reasonable start-up period. Force majeure is an external, unforeseeable event that cannot be averted or averted in time even by exercising reasonably expected care and by technically and economically reasonable means. This includes, in particular, natural disasters, terrorist attacks, machine or power failures, necessary repair work, machine damage, operational failures of equipment, faulty equipment or necessary installations, disruption or failure of telecommunications links, operational disruptions, pandemics, civil wars, hacker attacks, strikes and lockouts, insofar as the lockout is lawful, or statutory provisions or measures of the government or courts or authorities (irrespective of their lawfulness), as well as the occurrence of such events at subcontractors.

8.7.
The company accepts no liability for the customer’s systems. The customer is responsible for setting up and maintaining its own IT infrastructure.

9. Copyright

9.1.
The websites of the company as well as all services offered there are protected by copyright. Furthermore, all other services and performances of the company are protected by copyright. The copyright includes the appearance, structure and organisation of the website, as well as all names and logos used.

10. Data protection

10.1.
The customer’s data will only be used by the company in connection with a contract and the data protection regulations will be observed. Employees, service providers and subcontractors are obliged by the company to comply with data protection. The company accepts no liability for non-compliance with the obligation of third parties. Any claims must be made directly to the party concerned. The company will assist in connecting the parties.

10.2.
The company endeavours to provide an encrypted data connection on the Website. However, the company does not guarantee this and draws attention to the fact that the execution of contracts, the transmission of content, data processing and other services may take place unencrypted via the Internet.

10.3.
The company is permitted to engage subcontractors and to transfer or make available to these subcontractors the content provided by the customer and all personal data collected within the framework of the contract. Upon request for deletion of this personal data, it will be irrevocably deleted both at the company and at the subcontractors. Furthermore, the company is permitted to pass on the personal data to the corresponding service providers for the purpose of payment processing and also already for a credit check.

10.4.
It is strictly prohibited to make unauthorised copies of the websites, including subdomains of the company. Furthermore, it is not permitted to copy, modify or reuse content of any kind from the the company websites.

10.5.
A link to the web pages of the company is permitted to the extent that it serves as a cross-reference. The reproduction of the company’s web pages on external web pages by means of technical aids, such as iframes, is not permitted. Web apps created by customers are included in this.

10.6.
The company’s privacy policy can be found on the respective website.

11. Secrecy

11.1.
All information and documents which become accessible to the parties within the framework of the contractual relationship and which are not in the public domain shall be treated as strictly confidential, even after termination of the order, and even if the order is not executed.

11.2.
The parties shall impose the duty of confidentiality on their respective employees involved in the execution of the order.

12. Final provisions and miscellaneous

12.1.
Any dispute, difference, controversy, or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“DIFC Courts”). This Section shall survive termination or expiration of this Agreement. Notwithstanding the foregoing, the Company reserves the right to bring proceedings before the competent courts having jurisdiction over its registered office.

12.2.
The applicable law of the United Arab Emirates shall apply exclusively. Notwithstanding the foregoing, the Customer agrees that the company shall nevertheless be permitted to seek injunctive or equitable relief in other jurisdictions.

12.3.
If provisions of this contract are to be classified as invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.

12.4.
The company is entitled to include the company name and logo of the customer in reference lists and to publish these on its own websites or in print media for factual information. Furthermore, the customer grants the company the right to use project names and symbols in reference and overview lists. Any further use requires the separate consent of the customer.