Recitals

ENUM Digital is hereby referred to as ' Company / ENUM Digital / We/ Us and the client is referred to as 'Client / You. Business Days” means Monday to Friday excluding public holidays in the United Arab Emirates. Business hours” means 9:00 am to 5:00 pm on Business Days Calendar days” means all days in a month, including weekends and holidays.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

Customer Support Hours

Our technical support is available from 9:00 AM to 5:00 PM on Business days. The communications of briefs, feedback, reviews, and requests for the source files should be made via email only. You can schedule meetings with your project manager by informing them at least 48 hours before. However, considering the special request, for quicker feedback, we can utilize communication channels like WhatsApp or similar platforms to ensure timely responses and keep things agile and efficient during critical moments. The meeting duration will be of 2 hours. All the meetings will be held at ENUM Digital/Client premises or Online-only, Our response times to queries are categorized as below

CRITICAL ERRORS: Example: your landing page or campaign is down. We respond with or without a resolution within 8 hours during office hours. Response times may vary during after-office hours and weekends.

NON-CRITICAL ERRORS: Example: Content errors, images not loading, etc. We respond within 24 hours. The issue is typically fixed within 72 hours

Delays in project completion

The Client acknowledges that certain events beyond the control of the Service Provider may result in delays in the final delivery of the project or specific milestones. Such events include, but are not limited to:

1. Delays in providing necessary information for project initiation.
2. Delays in completing marketing brief forms or similar documentation.
3. Delays in providing approvals at key stages of the project.
4. Delays in supplying required content (where applicable).
5. Delays in delivering feedback and revision notes.
6. Delays in making partial payments necessary to commence or continue work on the project or completed phases.
7. Delays in providing access to relevant third-party accounts (such as hosting, merchant services, analytics platforms, advertising accounts, etc.)
8. Delays caused by changes to the agreed scope of the project or campaign.

Any such delays may result in a postponement of the agreed-upon delivery dates. In addition, delays caused by the Client may incur additional charges as the Service Provider's resources remain allocated to the project. The Client's billing cycle will also remain unaffected, as the Service Provider’s team continues to work on deliverables as scheduled.

Billing Cycle

The billing cycle refers to the recurring time period during which the Client is invoiced for services rendered by the Service Provider. In each billing cycle, the Client is invoiced for:

• Services provided during that period.
• Ongoing work on the project, regardless of delays or pending approvals from the Client.
• Any additional charges incurred, such as those related to Client-caused delays or changes to the project scope.

The billing cycle remains unaffected by project delays unless otherwise agreed upon in writing by both parties. Payment terms and due dates for each billing cycle will be outlined in the service agreement or invoice.

Revisions.

The Client is allowed to request revisions on AD creatives such as ad design, ad copy, and landing page, Client has three (3) business days after receipt of a deliverable to fully accept the applicable deliverable or to bring it to the attention of the Company any changes required to comply with the terms of this Agreement, or scope of work. If at any time, the Client requests additional work or services outside this Agreement and proposal, such work or services may be subject to a new agreement and additional costs to the Client. In the case of a lack of response by the Client, the relationship between Company and Client should go as follows:

1. In the case of a lack of response for seven (7) calendar days or more, services will be paused and a new timeline will be provided by Company upon the Client’s contact.
2. In the case of a lack of response for fourteen (14) calendar days or more, services will be paused and a charge of Five Hundred United Arab Emirates Dirhams (AED 500.00) will be applied to the Client
3. In the case of a lack of response for thirty (30) calendar days or more, services will be paused, and a charge of One Thousand Five Hundred United Arab Emirates Dirhams (AED 1,500.00) will be applied to the Client and a new quotation for the project will be provided.
4. Notwithstanding the provisions set forth above, the total amount of these penalties shall be capped at ten percent (10%) of the total value of this Agreement.
5. A number of revisions. The Client shall be entitled to five (5) revision opportunities during the design and development opportunities, during each opportunity, the Client can request more than one edit or change.
6. Revisions can only be provided on one design option and not multiple, in case multiple design options are presented to the Client for selection, once the Client has run out of revisions, the Company reserves the right to charge the client for the 6th revision. However, as agreed in this case, and we often provide more revisions than what is outlined, without any extra cost.
7. If the Client wishes to implement major revisions after the Client has already accepted Company’s deliverables, the company will evaluate such proposal as its standard rates and charges, and Company shall submit to the Client a written response which shall include a statement regarding the feasibility of the changes and the potential impact on the proposed changes on the contract prices, delivery dates, or warranty provisions of this Agreement.
8. Request for revisions in design (once the website/app project is moved to the development stage), or request for development changes (when the website is under QA/ testing phase) will not be entertained. In special cases, if the client requires such changes to be made, those changes will be subject to revised project quotation.

The project manager will give a timeline of revisions within twelve (24) hours after analyzing the Client’s request. Unless it is a small revision, the Client recognizes that revisions turnaround will take between three (3) to seven (7) days for basic requirements. Changes that require more than seven (7) days will be communicated by the Company beforehand. Revisions timeline will not be included in the actual timeline of the project.

Ownership of Deliverables

100% of all digital assets created during the campaign will remain client’s property. Upon successful project completion of the contract, everything will be handed over to the client without issue.

Client Obligations

1. The client acknowledges that Company’s ability to complete the work pursuant to the timelines set forth in the proposal is dependent upon the Client’s cooperation and on its ability to cooperate with Company in order to obtain data and content supply, input, feedback, access to third party accounts, and approvals, over which Company has no control.
2. Client's Commitment to Non-Interference: The Client agrees not to make any modifications, alterations, or changes to the campaign, its strategy, or any associated deliverables during the course of the campaign without the prior written consent of the Agency. Any such changes, if done without approval, may negatively impact the campaign's performance, metrics, and overall strategic direction. The Agency shall not be held responsible for any resulting decline in performance or outcomes arising from unauthorized changes.
3. Delay in Deliverables Due to Client's Actions: In the event of any delay caused by the Client, including but not limited to delays in providing necessary revisions, approvals, content, feedback, responses, or payments, the Client acknowledges that such delays may affect the timeline for deliverables. The Agency will not be held accountable for any resultant delays in the completion of the campaign. Furthermore, any such delays will be considered part of the contractual deliverable period, without penalty to the Agency.
4. Performance Marketing Lead Management: In the case of performance marketing, the Client is responsible for entering comments, updates, and statuses in the lead tracker or Customer Relationship Management (CRM) system in a timely manner and with full sincerity and loyalty. This is essential for Enum Digital to review the lead data, analyze results, and make informed decisions to optimize the campaign. Any failure by the Client to provide accurate and timely information will relieve Enum Digital from any responsibility for campaign underperformance due to insufficient or inaccurate lead data input.
5. Client is required to provide access to Ad accounts, analytics accounts, search consoles, CMS of the website at earliest.
6. Unless agreed otherwise, the client will be responsible for inputting text, images, and products, into the content management system (The “CMS”) created for the Client’s website. The company will input some content for guiding purposes. Initially, the company will enter up to 5 products with details on the website/ mobile app content for reference purposes for projects which consist of products/service/property listing, etc, Content entry timeline is not included in the actual timeline of the project.
7. The client has to provide product information (product name, price, specs, etc.) in a format that will be provided by Enum Digital.
8. The company will not be responsible for third-party fees that continued to be paid in case there is a delay in the delivery.
9. Up to all features for Design and Development mentioned in the proposal will be accommodated in the cost prescribed. No additions or changes in design to be made once approved and development features to be activated only on request up to 5 days after design approval, no later, and may or may not incur additional time.
10. CMS / Hosting credentials/source code / Account Access / Creatives will only be provided once final payment is received by Enum Digital. CMS credentials will only be shared once we go live. Once credentials/source code is provided to the client, Enum Digital will bear no responsibility in case the credentials are misused or hacked. Additionally, once the project is handed over, changes/ bugs/ issues will be considered as a maintenance task, which is billed separately.

Term, Termination, and Refunds

1. The term of this Agreement (the “Term”) will commence on the date of the contract signup and terminate upon completion of the project described in the proposal or after the handover email.
2. In case of retainer:
   • this agreement may be terminated by either party by providing the other party written notice of termination upon not less than thirty (30) calendar days, provided, however, that all obligations of the parties hereto with respect to the Confidential Information shall survive any termination. The client can only request for termination after the first quarter ( 3 months ), as the work carried on in the first quarter is the major groundwork that client can reuse in the future.
   • In case of a retainer contract, If the Client terminates the agreement, after the first ninety (90) days, the Client will be entitled to a prorated refund for any pre-paid amount that has been paid by the Client to Company.
3. Refunds will not be applicable if the Client has ordered multiple services (for example, logo + web design + brochure design + digital marketing) as a package and requests a partial refund for services not required or unused. In case the Client has requested multiple services, a refund policy is applicable on the total package contracted and not on any individual service, even if no initial delivery has been presented for other services.
4. If the Client terminates this Agreement, the Company shall be entitled to claim a refund for any work already carried out, including any sample work or mock-ups made for the Client, and other costs and expenses incurred by the Company in connection with this Agreement that has not been paid by the Client at the date of termination.
5. Refunds will be based on the actual amount quoted by the Company in the proposal, any promotional discounts will not be considered. In case the Client requests a refund when Company analyzes the request, any complimentary services offered to the Client will be taken into account at the standard rate usually charged by Company for those services.
6. Expenses paid to third parties like Shopify, Vendors, Payment Providers, etc, are not refundable. Expenses paid to third parties like Google, Facebook, etc, for ad purposes, are not refundable. If any unused ad spend is available with Company, it will be refunded.
7. All taxes, duties, and customs including VAT that is paid by the Client are not refundable.
8. Once Company approves and gives notice to the Client of any refunds that will. be applicable such refund will be paid to the Client within forty-five (45) business days from the moment it is approved by the Company.
9. If the client for some reason requests the campaigns to be paused or held, such requests should be made in form of writing an email to the assigned project manager. Once the request is received, the company will stop activities within 3 business days.
10. During the duration when the campaign is paused/held, the client will incur. 10 days / 33% of the monthly retainer fee per month. The company will deduct this amount from the Client's retainer fee deposit or bill the amount separately (whichever is applicable) at the time of resuming the campaign. However, in this case, we agreed to rremove the clause regarding the 33% fee for paused campaigns and will waive any fees for pauses within the next three months. However, during any pause, the retainer will remain active, and the contractual term will still conclude as scheduled.
11. In the case where the client has ordered multiple services (such as SEO, SEM, and Social Marketing), Company will not pause a specific service and will continue to bill the retainer as per contract.
12. If the client terminates the contract, company is liable to provide all the credentials and accesses back to the client, if the payment is all cleared and there is no due payment.

Liability

1. The customer shall indemnify the Company against all damages, losses, and expenses suffered or incurred by the Company as a result of the materials which the Client has approved while being in contravention of legislation, decency, marketing rules, or any action that any such Materials infringe any Intellectual Property Rights of a third party.
2. Neither party is liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
3. The client shall indemnify, defend and hold harmless the Company and its past, present, and future officers, directors, stockholders, attorneys, agents, representatives, employees, predecessors, affiliates, successors, heirs, and assigns from any damage, loss, liability, judgment, deficiency, or cost (including any and all attorneys’ and other fees, costs or expenses incurred in connection with investigating, defending or prosecuting such claim) arising out of, relating to or resulting from (a) the breach of any warranty or the inaccuracy of any representation made by Client herein or any misstatement of a fact or facts herein made by Client; or (b) the non-fulfillment of any undertaking, agreement, obligation, covenant or condition of Client under this Agreement

Limitation of Claims

Notwithstanding any statute or law to the contrary standard UAE statute of limitations shall apply.

Ownership and Rights

Company’s Use. Once the project is completed, Company shall have the right to publicize any work created for the Client for the sole purpose of marketing to prospective customers, unless Company receives an objection from the Client.

No Guarantee Outcome

Company makes no guarantee of outcomes as a result of the services provided under this Agreement, or future sales of any products.

Setup Period (Strategy and Positioning)

The initial setup period for strategy development and positioning will require a minimum of 15 working days. However, this timeframe may extend based on the following factors:

1. Client Response Time: Delays in providing necessary inputs, approvals, or access to required information or accounts.
2. Complexity of the Project: The complexity of the project scope, including market analysis, target audience segmentation, and custom requirements, may require additional time.
3. Changes to Scope: Any modifications to the agreed-upon strategy, campaign goals, or positioning may impact the timeline.
4. Availability of Client Resources: Delays in receiving necessary assets, such as branding materials, content, or product/service details.
5. Third-Party Dependencies: Delays in obtaining information or access from third-party providers such as hosting platforms, analytics tools, or advertising accounts.
6. Feedback and Revisions: Time required for review cycles, feedback, and subsequent revisions can extend the setup period.

While every effort will be made to adhere to the estimated 15 working days, the final setup period may be extended based on these factors which will not effect the billing cycle. Setup period is included in the total contractual period.

Governing Law

This Agreement and all matters arising hereunder or in connection herewith shall be governed by and construed and enforced in accordance with the laws of the United Arab Emirates.