These Terms of Service (“Terms”) govern your access to and use of the website fusietek.ae (the “Site”) and any products, services, software or content we make available through it (together, the “Services”), provided by [FULL REGISTERED COMPANY NAME] (“Fusietek”, “we”, “us” or “our”), a company licensed in the United Arab Emirates under trade licence no. {HIDDEN}, with its registered office at OFFICE#103, NBQ BUILDING, AL HAMRIYA, DUBAI.

01Definitions

02Eligibility and authority

You must be at least 18 years old to use the Services. If you accept these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity, and “you” refers to that entity.

03The Site

3.1  Permitted use

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Site for your own internal business or personal information purposes.

3.2  Prohibited use

You must not:

• use the Site for any unlawful purpose or in breach of UAE law, including Federal Decree-Law No. 34 of 2021 on Combatting Rumours and Cybercrimes;
• attempt to gain unauthorised access to the Site, our servers, or any connected system or network;
• introduce viruses, trojans, worms, logic bombs or other malicious code;
• scrape, harvest, data-mine or use automated systems to extract content, except search-engine indexing that respects our robots.txt;
• reverse engineer, decompile or disassemble any part of the Site or Services, except where this restriction is prohibited by law;
• resell, sublicense, frame or mirror any part of the Site without our written permission;
• impersonate any person or misrepresent your affiliation with any person or entity;
• upload or transmit content that is defamatory, obscene, infringing, or offensive to the religious, moral or cultural values of the UAE;
• interfere with the proper working of the Site, including by overloading it or bypassing rate limits.

We may suspend or terminate your access immediately, without notice, if we reasonably believe you have breached this section.

3.3  Availability

We aim to keep the Site available but do not guarantee uninterrupted access. We may suspend, withdraw or change any part of the Site for business or operational reasons, and we will give notice where reasonably practicable.

04Services and engagement

4.1  How an engagement forms

Content on the Site — including service descriptions, indicative pricing and case studies — is an invitation to treat, not a binding offer. A binding contract arises only when an Order Document is signed by both parties, or when we issue written confirmation accepting your order.

4.2  Order of precedence

If there is a conflict between documents, the following order applies:

1. the signed Order Document;
2. any master services agreement between us;
3. these Terms;
4. any other document referenced.

4.3  Scope and change control

We will deliver only what the Order Document specifies. Any addition, removal or material change to scope, timeline or deliverables must be agreed in writing through a change request, and may affect fees and delivery dates.

4.4  Client responsibilities

You agree to:

• provide accurate and complete information, access, credentials and Client Materials in a timely way;
• nominate a point of contact with authority to make decisions and approve deliverables;
• review and respond to submissions within 5 business days, after which items may be deemed approved;
• obtain all licences, consents and third-party permissions needed for us to use Client Materials;
• maintain your own backups of your data and systems.

Delays caused by you may shift timelines and, where they cause us to incur additional cost, may result in additional charges.

4.5  Third-party products

Where the Services include third-party software, hosting, domains, licences or APIs, those items are supplied on the third party’s own terms. We pass through their terms and are not liable for their performance, pricing changes or discontinuation.

4.6  Acceptance

Deliverables are deemed accepted on the earlier of: (a) your written acceptance; (b) 10 business days after delivery without written notice of a material defect; or (c) your use of the Deliverable in a live environment.

05Fees, payment and taxes

• Fees, milestones and payment schedules are set out in the Order Document. Unless stated otherwise, all fees are in UAE Dirhams (AED).
• Fees are exclusive of VAT. Value Added Tax at the prevailing rate (currently 5%) will be added where applicable under UAE tax law.
• Invoices are payable within 30 days of the invoice date unless the Order Document says otherwise.
• We may charge interest on overdue amounts at 1% per month, or the maximum permitted by UAE law if lower, and may suspend Services until payment is received.
• Bank charges, currency conversion costs and payment gateway fees are for your account.
• Fees paid are non-refundable except where these Terms or applicable consumer protection law expressly require a refund. Where work is cancelled mid-project, you remain liable for work performed and third-party costs committed up to the cancellation date.
• Any withholding tax required by law is your responsibility, and amounts payable to us will be grossed up accordingly.

06Intellectual property

6.1  Our IP

The Site, our name, logo, trademarks, and all underlying software, frameworks, tools, libraries, methodologies and know-how are and remain our property or our licensors’. Nothing in these Terms transfers ownership of them.

6.2  Deliverables

On full payment of all sums due, we assign to you the intellectual property rights in the bespoke Deliverables created specifically for you under the Order Document, excluding our Pre-existing Materials.

6.3  Pre-existing materials

“Pre-existing Materials” means anything we owned or developed before or outside the engagement, including generic components, code libraries, templates and internal tools. We retain ownership of these and grant you a perpetual, non-exclusive, worldwide licence to use them solely as embedded in the Deliverables.

6.4  Client Materials

You retain ownership of Client Materials and grant us a licence to use them for the sole purpose of delivering the Services. You warrant that you have the right to grant this licence.

6.5  Portfolio rights

Unless you tell us otherwise in writing, we may reference your name and logo and display non-confidential screenshots of the Deliverables in our portfolio and marketing.

07Confidentiality

Each party will keep the other’s confidential information secret, use it only for the purposes of the engagement, and disclose it only to staff and contractors who need it and are bound by equivalent obligations.

This does not apply to information that is public through no fault of the recipient, independently developed, or required to be disclosed by law or a competent authority — in which case the recipient will give notice where legally permitted. These obligations survive for 3 years after the engagement ends, and indefinitely for trade secrets and personal data.

08Data protection

Each party will comply with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and any other applicable data protection law. Our handling of personal data collected through the Site is described in our Privacy Policy, which forms part of these Terms.

Where we process personal data on your behalf in delivering the Services, we act as a processor and will do so only on your documented instructions, under a separate data processing agreement where required.

09Warranties and disclaimers

9.1  Our warranty

We warrant that the Services will be performed with reasonable skill and care by suitably qualified personnel, and that Deliverables will materially conform to the Order Document for 30 days after acceptance. Your exclusive remedy for a breach of this warranty is that we will re-perform the affected Services or correct the affected Deliverable at no charge.

9.2  Disclaimers

Except as expressly stated in section 9.1, and to the fullest extent permitted by law:

• the Site and its content are provided “as is” and “as available”, without warranties of any kind;
• we do not warrant that the Site or Services will be uninterrupted, error-free, secure, or free of viruses;
• we do not warrant that any Deliverable will achieve any particular commercial result, ranking, conversion rate, uptime or return on investment;
• content on the Site is general information only and is not professional, legal, financial or technical advice for your specific circumstances;
• we are not responsible for defects caused by your modifications, misuse, third-party software, or your failure to apply updates we recommend.

Nothing in these Terms excludes any right you have as a consumer under Federal Law No. 15 of 2020 on Consumer Protection.

10Limitation of liability

To the fullest extent permitted by UAE law:

1. Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill, anticipated savings, or loss or corruption of data, however arising.
2. Our total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence) or otherwise, is limited to the total fees paid by you to us under the relevant Order Document in the 12 months preceding the event giving rise to the claim.
3. For free use of the Site where no fees have been paid, our total aggregate liability is limited to AED 1,000.
4. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

You agree that these limits are reasonable given the fees charged, and that we have relied on them in setting our pricing.

11Indemnity

You will indemnify and hold us harmless against claims, damages, losses and reasonable legal costs arising from: (a) your breach of these Terms; (b) your unlawful use of the Site or Services; or (c) any allegation that Client Materials infringe a third party’s intellectual property or other rights.

12Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes, government action, failure of public telecommunications or internet infrastructure, cyber-attack on third-party infrastructure, or power failure.

The affected party will notify the other promptly and use reasonable efforts to mitigate. If the event continues for more than 60 days, either party may terminate the affected Order Document on written notice.

13Suspension and termination

• Either party may terminate an Order Document on 30 days’ written notice, unless the Order Document states otherwise.
• Either party may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, becomes insolvent, or ceases to trade.
• We may suspend the Services if any invoice is more than 15 days overdue, or if your use poses a security or legal risk.

On termination: you must pay for all Services performed and costs committed up to the termination date; each party will return or destroy the other’s confidential information on request; and sections 6, 7, 8, 9.2, 10, 11, 15 and 16 survive.

14Changes to these Terms

We may update these Terms from time to time. The “Last updated” date shows the current version. Changes take effect when posted on the Site, except that changes affecting a signed Order Document will not apply retrospectively to that engagement without your written agreement. Continued use of the Site after changes are posted means you accept the revised Terms.

15Governing law and jurisdiction

These Terms and any dispute arising out of them, including non-contractual disputes, are governed by the laws of the United Arab Emirates as applied in the Emirate of DUBAI.

The parties will first attempt to resolve any dispute amicably through good-faith discussions between senior representatives for 30 days. If unresolved, the dispute will be submitted to the exclusive jurisdiction of the courts of DUBAI.

16General

• Entire agreement. These Terms and the applicable Order Document are the entire agreement between us and supersede all prior discussions and representations.
• Severability. If any provision is held invalid or unenforceable, the rest remains in full effect and the invalid provision will be replaced by a valid one that best reflects the original intent.
• No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger or sale of assets.
• Independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.
• No third-party rights. No person who is not a party to these Terms may enforce them.
• Notices. Notices must be in writing and sent to info@fusietek.ae for us, and to the email address on your Order Document for you. Notices are deemed received on the next business day after sending.
• Language. These Terms are issued in English. If a translation is provided and there is a conflict, the English version prevails. Note that UAE courts conduct proceedings in Arabic and will rely on an Arabic translation.

17Contact us