Client Agreement

1. Introduction

By digitally signing this Agreement, you (“Customer” or “User”) agree to engage SMARTWHALE COMMUNICATIONS FZCO (“Company”) to provide digital marketing and related services as outlined herein. This Agreement governs your use of the Company’s services and establishes the terms and conditions for such use.

2. Services Provided

The Company offers the following services:

• Social Media Marketing
• Search Engine Optimization (SEO)
• Search Engine Marketing (SEM)
• Content Marketing
• Email Marketing
• Influencers Marketing
• Affiliate Marketing
• Video Marketing
• Mobile Marketing
• SMS Marketing
• WhatsApp Marketing

3. Customer Responsibilities and Content Liability

• The Customer is solely responsible for all content, data, and communications transmitted through the Services.
• The Customer shall ensure all use complies with applicable laws and regulations of the UAE and any other relevant jurisdiction.
• The Customer shall not use the Services for any unlawful, harmful, or prohibited activities, including but not limited to hacking, anti-national activities, dissemination of offensive or illegal content, or any acts that could jeopardize network security or integrity.
• The Customer agrees to indemnify and hold harmless SMARTWHALE COMMUNICATIONS and its affiliates from any claims, damages, or costs arising from Customer’s breach of this Agreement or misuse of the Services.
• The Customer shall promptly notify the Company of any changes that may affect the provision of Services.

4. Compliance with Laws

• The Customer must ensure continuous compliance with all applicable legislative and statutory requirements throughout the term of this Agreement.
• Any violation of applicable laws or this Agreement by the Customer will result in immediate termination of Services without liability or compensation.

5. Payment Terms

• The Customer agrees to pay the Company the fees specified in the applicable Service Order. Unless otherwise stated, all payments shall be made in AED (United Arab Emirates Dirham).
• The Customer is responsible for all applicable taxes related to the Services.
• The Company will issue invoices compliant with UAE laws. The Customer must report any invoice discrepancies within 3 working days of receipt. Disputed amounts will be corrected by the Company; undisputed amounts must be paid according to the agreed payment schedule.
• Additional costs incurred by the Company due to Customer’s specific requests or non-compliance will be charged to the Customer.

6. Restrictions and Limitations on Use

The Customer shall not use the Services in any manner that:

• Violates intellectual property rights or any applicable law.
• Contains harmful, offensive, defamatory, obscene, or unlawful content.
• Harms minors or infringes on privacy rights.
• Introduces viruses, malware, or any disruptive software.
• Threatens the security, sovereignty, or public order of the UAE or its friendly relations with other states.
• Misleads or impersonates any person or entity.

The Customer acknowledges sole responsibility for ensuring lawful use of the Services and agrees that the Company is not liable for any misuse by the Customer.

7. Termination

The Company reserves the right to suspend or terminate the Services immediately if the Customer breaches any terms of this Agreement or applicable laws.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of the UAE.

9. Digital Consent

By digitally consenting below, the Customer acknowledges having read, understood, and agreed to all terms and conditions of this Agreement and consents to be legally bound by it.