TERMS & CONDITIONS / SERVICE DISCLAIMER

Issued by: Business Mind Marketing FZ LLC
Applies To: All proposals, quotations, invoices, or services rendered by Business Mind Marketing FZ LLC (“Company”) to the Client.

Acceptance of Terms

By proceeding with the quotation or invoice provided by the Company, the Client confirms full understanding and acceptance of these Terms & Conditions, regardless of whether a signed agreement or physical signature is provided. If the Client proceeds to make payment, request execution of service, or allow the Company to begin any form of work, these Terms are considered automatically accepted and enforceable.2

Disclaimer on Delivery, Performance & Responsible Use
Business Mind Marketing FZ LLC offers a range of digital marketing and communication services, including but not limited to SMS campaigns, email marketing, WhatsApp messaging, social media advertisements (Google, Meta, Snapchat, TikTok, Twitter), influencer campaigns, web development, hosting, and related digital services. While we strive for optimal performance and delivery, we do not guarantee 100% inbox delivery of emails or SMS messages, successful WhatsApp message delivery, or a specific number of enquiries or leads from any campaign.

Campaign performance and message delivery may be affected by various external factors, including but not limited to user device configurations, carrier or platform policies, recipient spam filters, network restrictions, and algorithm changes by third-party platforms or service providers. Business Mind is not liable for non-delivery or limited response arising from such factors.

Furthermore, when clients are provided access to our platforms or communication tools, they are strictly prohibited from using our services for religious messaging, unsolicited promotional messages (SPAM), or any unlawful or unethical activity. In the event of a complaint or detection of spam or policy violations, we reserve the right to suspend or permanently deactivate the client’s access or services without prior notice.

We maintain a zero-tolerance policy toward spam and misuse to protect both our platform integrity and compliance with international digital communication regulations.

No Refund Policy

• All payments made to the Company are strictly non-refundable, regardless of the outcome of any campaign, service, or activity.
• This includes, but is not limited to: SMS campaigns, email campaigns, WhatsApp marketing, social media ads, Google Ads, Meta Ads, Snapchat Ads, TikTok Ads, Twitter Ads, etc, influencer campaigns, digital marketing services, hosting services, web development, or any other service belonging to the company.
• Once work begins or resources are allocated, no part of the payment will be returned under any circumstances.
• In case of cheque bounce or payment failure, a penalty of AED 1,000 will be applicable, and the Company reserves the right to initiate legal action as per UAE law.

No Guarantee Clause

• The Company does not guarantee results such as leads, conversions, followers, likes, engagements, impressions, search rankings, media coverage, or business growth.
• Marketing performance is affected by various factors beyond the Company’s control, including product appeal, market demand, client-side responsiveness, economic conditions, and competition.
• The Company guarantees execution of the scope of work but does not guarantee specific outcomes or success metrics.
• The Client acknowledges that their offerings, product pricing, brand perception, and market competition may impact campaign effectiveness.

Media Budget Responsibility

• Any third-party ad spend (e.g., Google Ads, Meta Ads, Snapchat Ads, TikTok Ads, Twitter Ads, etc.) is managed on behalf of the Client. Once allocated and executed, media spend is considered consumed.
• The Company is not responsible for performance, results, or refund decisions by third-party platforms.
• Ad costs, keyword bids, and algorithm behavior are subject to fluctuation and third-party platform policy changes without prior notice.
• Clients must bear any increase in budget needed to maintain ad visibility or reach.

Client’s Full Knowledge and Consent

By accepting the quotation or allowing the Company to begin work, the Client confirms:

• They have read, understood, and agreed to these Terms & Conditions.
• They are aware of the scope of work, expected deliverables, and that results are not guaranteed.
• They take full responsibility for their business offerings, pricing strategy, sales follow-up, and conversion pipeline.
• They understand that digital communication (email, WhatsApp, etc.) constitutes a valid and enforceable form of agreement.

Service Scope and Delivery

• All services will be delivered based on the scope defined in the official quotation or proposal shared.
• Any revisions, change requests, or additions to scope will require a separate quotation and may affect timelines and cost.
• The Company is not liable for delays caused by Client non-responsiveness, failure to provide materials, or late approvals.

Intellectual Property

• All designs, content, campaigns, and creative works created by the Company remain the intellectual property of Business Mind Marketing FZ LLC until full payment is received.
  The Company may showcase completed work for portfolio and marketing purposes unless a written NDA is in place.
• Client-provided assets remain the property of the Client; however, the Company will not be responsible for licensing, copyright, or third-party rights of content submitted by the Client.

Client Responsibilities

• The Client agrees to provide timely feedback, approvals, and access to required materials.
  Delays caused by Client non-responsiveness will not affect the project schedule or payment terms.
• Clients must ensure the legality of their content and must not use the Company’s services to distribute spam, abuse, religious or political content, fake news, or fraudulent messages.
• If found involved in spam or misuse, services will be suspended without notice and payment will not be refunded.

Indemnity and Limitation of Liability

• The Company shall not be liable for any loss of revenue, reputation, or indirect damages arising from the use or non-performance of any campaign or service.
• The Client agrees to indemnify and hold the Company, its employees, and affiliates harmless from any claims, disputes, or liabilities, including but not limited to legal action resulting from promotional or published material provided by the Client.
• The Company is not responsible for any complaints arising from recipients of marketing campaigns (including SMS, email, or WhatsApp), and the Client bears full liability for such content.

Legal Protection & Non-Disparagement

• The Client agrees not to defame, threaten, or misrepresent the Company or its reputation online or offline.
• Any such action may result in legal consequences including civil claims for defamation and damages.
• The Client irrevocably waives any and all rights to pursue, initiate, or threaten legal action, defamation, refund requests, or financial claims against Business Mind Marketing FZ LLC or its affiliates for any dissatisfaction, campaign underperformance, or perceived lack of results. This waiver applies regardless of any cause, communication, expectation, or business impact perceived by the Client.
• All marketing, promotional, development, or digital services provided are executed in good faith and with best efforts, but no outcomes, sales, responses, engagement, conversions, or returns on investment are guaranteed under any circumstance. The Client accepts this as a standard risk of digital marketing and advertising
• The Client shall not use social media or public forums to damage the reputation of the Company or post misleading claims regarding service results or refunds.

Jurisdiction

• This agreement is governed under the laws of the United Arab Emirates.
• Any disputes shall be handled in the relevant court of jurisdiction in the UAE, with Business Mind Marketing FZ LLC retaining the right to choose the forum.

Confidentiality

All data, discussions, pricing, and materials exchanged between the Client and Company are confidential and shall not be disclosed to third parties without written consent.

Force Majeure

The Company is not liable for delays or failures caused by events beyond its control, including acts of God, platform outages, technical interruptions, political instability, or internet blackouts.

Digital Communication Validity

All communications, approvals, quotations, and confirmations via email, WhatsApp, or digital platforms are considered legally binding and valid in lieu of signed documents.

By proceeding with the quotation or invoice, the Client confirms:

• They have read and understood these Terms & Conditions.
• They agree to abide by them in full.
• They accept that results are not guaranteed and no refunds shall be issued under any condition.

Contact Information

For any inquiries regarding these Terms, please contact us at:

• Phone: +971-55-3321403 | Email: marketing@businessmind.agency