The complete website draft will be open for revision for 14 days after submission for the client’s review and approval. Please note that during this period of time, a maximum of 3 requests for changes in the content and design shall be entertained.
In the case where no feedback is received during this 14-day period, we will proceed to activate the website using available content and the preferred domain (or existing domain, if available). This will also mark the beginning of the contract period.
Your use of the service and our website (the “Site”) are subject to our standard terms and conditions, which are attached hereto. We recommend you read these terms and conditions and consult your legal counsel if necessary. Any questions may be directed at our contact person for your account listed above.
Please read the terms of this Agreement carefully before accessing or using the Site or the service. By accessing or using the Site or the service, you agree to be legally bound by this Agreement by accepting the services (the “Services”) and paying the subscription fee. Please do not use the Site or the service if you do not agree with this Agreement.
Customer Care and Contact Information: You may contact Customer Care by calling the contact and number listed on the first page of this Agreement, available from Sunday through Thursday from 8am to 6pm UAE time, except for public holidays in the UAE, or by writing to address and/or email address set forth thereon. In order to cancel your Subscription, you must provide notice in writing in accordance with the terms of this Agreement.
Service Choices; Change to Service: Subscriptions are available in a variety of “plans”. All plans must be prepaid in accordance with, and any changes to plans may be made pursuant to, the terms of this Agreement. You will not receive any rebates, refunds or credits for a change in Plan that results in a lower cost. If you wish to sign up for one of our premium plans, please contact us and we will advise you of the cost for the change of your Subscription
Use of service
Service: You have purchased the plan set forth on the first page of this Agreement and prepaid for the Service (referred to herein as the Service and the Subscription, as applicable). As part of our services, you get clear visibility and comprehensive reporting to understand the impact of your campaign and your “Return on Investment”. As a part of certain campaigns, call tracking is included. Any customer calls that you receive as result of your campaign can be tracked, recorded and communicated to you in order for you to better understand the impact of your campaign. This requires that a Bfound phone line be provided to you and that you use that phone number on your business profile or your external website. You should not provide your username and password to anyone, and you have the obligation to protect your username and password from unauthorized use. You will not be able to access the Service unless your account for your Subscription is in good standing and you are in compliance with this Agreement. The Service may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the internet generally or with your web browser, computer, home wiring or network, or internet service provider and/or other things that we cannot or do not control. We do not guarantee continuous, uninterrupted or secure access to the Service or the Site. We will not be responsible for or provide you any refund or discount associated with any interruption of the Service or downtime of the Site.
User Responsibility, User Safety, Reliance: It is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense in using the Service and the Site. When we work to create your Content (as defined below), we require information from you. All needed information must be submitted within 14 days following the production meeting or on the next business day thereafter, if such day falls on a weekend. If you fail to provide such input, we will produce the profile using whatever information is reasonably available to us at that time and further amendments will not be made. When your input is provided within 14 days as required, we produce the product for your final approval. You have seven days within which you may provide any additional feedback to the profile. Once you have approved, or at the conclusion of seven days even if we have not received your approval, we will start the campaign. In order to produce the Content, we include one in-person production meeting as part of your Subscription. All actions and judgments taken with respect to the Service are your sole responsibility. You assume the entire risk related to your use of the Service and the Site.
User Satisfaction Guarantee: At bfound customer satisfaction is our top priority. The only case in which you may be provided a refund of your Subscription Fee (as defined below) is when we fail to meet our commitment to provide a specific amount of traffic to your listing on the Site, which is measured by the results which consists of either clicks, views, or calls depending on the package you buy. The number of clicks you are guaranteed is set forth in the customer offer letter package for your Subscription. The traffic we drive to your profile page comes from one of our partners, Google, Facebook, LinkedIn or some other media company. This traffic is directed specifically at your profile page on our Site, not to any other domain.
The digital advertising system that we use follows a rollover model. This means that if we do not reach the required number of clicks for your Content in a given calendar month, the shortfall will be added to the following months. This ensures that you will receive the full number of clicks during the Subscription Term (as defined below). If we fail to meet these specifications, you may request a refund at any time up to two weeks prior to the end of the Subscription Term by sending an email to email@example.com. No requests for refund will be considered after this time and no refund will be given in cases where bfound meets the standards set forth in your customer offer letter package, taking into account the rollover. In some circumstances, it may be advantageous for the appearance and performance of your profile to include a smaller amount of content and keywords than is stated in the customer offer letter package for your Subscription. In the case of a reduced amount of content, you will be asked to approve the content and keywords to be included in the profile. If you agree to such amended specifications, you are waiving your right to terminate the contract on the basis of your profile not containing the same amount of content as stated in your customer offer letter package.
Intellectual property rights
Technology: You agree not to copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data on the Site (collectively, “Technology”), or otherwise modify or tamper with, any such Technology. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Site. You are prohibited from any export of the data (or derivative thereof) except in compliance with applicable export laws, rules and regulations. The user of software contained in the Technology or the Site is explicitly prohibited from attempting to copy, decompile, reverse engineer, hack, manipulate or disassemble the object code, or in any other way convert the object code into human-readable form. You may use the Technology only for your personal, non-commercial use in connection with the Service.
Content: All data, information, visual, oral or other digital material, and all other content of any description available on the Site or included in the Service and/or in the Technology (collectively, the “Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by the Company or its affiliates, or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service nor does this Agreement grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). For the avoidance of doubt, all photos taken by us and content prepared by us in connection with the Services shall be our Intellectual Property. You may not reproduce, perform, distribute, display any of our Property or create derivative works from the Content during or after the Subscription Term. You may only use the Content and the Intellectual Property, access the Site and use any the Services we provide as expressly permitted in this Agreement and for no other purpose.
Fees and Payment Terms: Payments through the payment link will be automatically recurring every month until the end of the subscription or until both parties agree to pause it. The payment will not be paused without a legitimate reason as defined in this contract. All subscription fees for the initial term must be paid in full in advance. All fees are non-refundable. The fee for your Subscription is set forth on the first page of this Agreement. We will send you an electronic invoice once you have chosen your Subscription. We reserve the right to waive any of these fees, in whole or in part, at our discretion. Our failure to enforce any of these fees or any other provisions of this Agreement shall not be construed as a waiver of the right to assert any such terms on any future occasion. All payments must be made in UAE Dirhams.
You must pay the Subscription Fee and any other fees by check, cash, credit card, debit card or wire transfer. The total subscription payment amount must be delivered to us fully no later than one week following the date written on the first page of this agreement. We do not start work for your Subscription until the full amount of the fee has been delivered. We will suspend the Services to you in the event any payment fails.
In case of cheque payments, we will automatically deposit each cheque on the date written upon it. In the event of insufficient funds for any cheque we reserve the right, in our sole discretion, to (a) terminate this Agreement, (b) put any pending Services or product development on hold until such payment has been made, and/or (c) file a criminal claim against you under applicable law.
Payment of the initial fee will be regarded as acceptance of the terms as set forth in this contract.
The payment terms, including the planned amounts and dates of payment from you, the customer, to us, the provider, are binding and cannot be unilaterally altered. In the event that the services that we, the provider, are liable to deliver to you, the customer, are not delivered at the same interval and frequency as the herein stipulated payment terms, the payment terms shall still be valid and enforceable provided that we, the provider, have not breached the terms set forth in this contract.
Renewal: Your Subscription will continue for the length of the initial term you select on your Plan (“Subscription Term”) and at the end of your prepaid Subscription Term, it will automatically terminate. You will have the opportunity to renew your Subscription prior to the end of the Subscription Term unless your Service is cancelled, terminated, or discontinued by us. Your content will be removed from our website unless you provide us notice 45 days prior to the end of each Subscription Term that you wish to renew this Agreement. All renewals shall be subject to the rates and subscription fees in force at that time. Payment for such renewal must be made on or before the last date of the then current Subscription Term. In the event the Services include products or services from third party providers, and you fail to provide us such 45-day notice, any services or products provided by such third parties will be terminated at the end of your Subscription Term.
Termination: If you are a subscriber for third party products or services sold by us, your Subscription Term and renewal are subject to certain terms and conditions specific to those services. In the event that such third party terminates its agreement with us, your Subscription may be terminated by us, effective immediately, in some cases. Where possible, we will endeavor to transfer your use of such services in order to fulfill the remaining portion of your Subscription Term. You may be permitted, at the sole discretion of such third party, to continue or renew your subscription directly with such third party but this will be offered on a discretionary basis only.
Changes in Fees: Our fees and other charges are subject to change for future Subscription Terms.
Change of Address or Account Information: You must notify Customer Care immediately of any change in your name, billing address, service address, email address, telephone number, credit card, contact person or other account information.
Taxes: You are responsible for all taxes or other government fees and charges that are assessed on the Service Fee or your use of the service. Specifically, but without limitation, Bfound will invoice VAT based on applicable law. The VAT invoice will be sent via email to the address on the first page of the Agreement. By signing this contract, you agree to pay any such VAT required by law.
Cancellation: You must comply with this Agreement or we may cancel the Service. We reserve the right to suspend or cancel your Subscription at any time if you fail to pay amounts owing to us when due, violate or breach any term of this Agreement, or as otherwise set forth in this Agreement. ALL SUBSCRIPTIONS ARE NONREFUNDABLE, including those paid in installments.
Disclaimers/limitation of liability
Disclaimers: You understand and agree that the Service and the content and functionality of the service are provided “as is” and “as available.” the company and its affiliates make no representation or warranty, either express or implied, regarding the service, the reliability, predictive value, completeness, timeliness, reliability, or accuracy of the information contained within the service or that your access to or your use of the service or the Site will be uninterrupted, error free or timely with all updates. All such warranties (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement) are hereby disclaimed. You acknowledge and agree that under no circumstances should a user of the service make Decisions based solely or in part on information contained within the service. Neither the company nor its affiliates assumes any responsibility for accidents, damages or other losses resulting from or associated with use and/or misuse of the service.
Limitations of liability: In no event are the company or its affiliates liable for any direct, indirect, special, incidental, or consequential, exemplary or punitive damages, lost profits, or losses relating to the use, loss of use or data or your purchase or use of the Services, or from any content posted on the Site by us or anyone else, whether based on negligence or otherwise, and whether or not we have been advised of the possibility thereof, whether arising out of breach of this Agreement any other cause of action relating to the performance or non-performance of this Agreement. In no event will the aggregate of the company and its affiliates liability for any and all of your claims, or any third party claims, against us and our data suppliers, service providers, marketing/distribution software or internet suppliers or hardware or software manufacturers, or suppliers, contractors and licensors, or independent sellers, arising out of or related to, directly or indirectly, the performance or nonperformance of obligations pursuant to this Agreement or by the negligence, active or passive, of the company or its affiliates, or any third party whose goods or services we sell, or your access to or use of or inability to use the Services or Site, exceed the price paid by you to the company hereunder for three months of the most recent term immediately prior to the specific event which gave rise to the applicable damage or loss. You agree that this limitation of liability represents a reasonable allocation of risk. This allocation of risk and the disclaimer of warranties herein are reflected in our prices and are a fundamental element of this Agreement.
Your risk: You agree that your access to and use of, or inability to access or use the service or the Site is at your sole risk. You will not hold us, our data suppliers, service providers, marketing/distribution, software or internet suppliers, or hardware or software manufacturers, or suppliers, or our contractors or licensors, as applicable, responsible for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or lost profits resulting from your access to or use of, or interruptions in the transmission or reception of the service or Site, including any damage to any of your computers or data. No oral or written information or advice given by any person shall create a warranty or guarantee in any way whatsoever relating to the service or Site.
Force majeure: Excluding payment obligations to us hereunder, neither party shall be liable to the other party for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, civil disturbance or commotion, DDOS attacks, disruption of the public markets, failure of third party software or inability to obtain raw materials, supplies or power. In order to claim force majeure, a party must have made reasonable efforts to avoid the event of force majeure and to limit its impact and duration. This force majeure clause shall also apply to any third party whose services or goods we sell.
Third parties: The third party links, services, goods, resources and content available on the service and through links on the Site are not controlled by us. Accordingly, we make no warranties regarding such third-party services, goods, resources, and content, including warranties of fitness for a particular purpose, merchantability and non-infringement. We will not be liable for your access to, use of or downloading of content available on or through, the service or the Site. We are not liable for any direct or indirect damages or losses caused by your use of third-party websites. You assume full responsibility when you choose to follow any links on the Site that lead to third-party websites. Such third parties remain the sole owner of all of their respective trademarks, goods, services, software, source code and all related intellectual property. You are prohibited from, directly or indirectly, reverse engineering, attempting to derive the source code, copying or reproducing any or all of their products or services in any form, removing or using such third party trademarks or intellectual property in any way whatsoever, or removing any legal or other notices contained therein. If the Services include third party goods or services, such third parties may develop new features, modules or products in the future but such features, modules or products are not part of the Services. We and such third parties reserve the right to integrate and replace additional third party technologies, as deemed appropriate. If the Services include a product or service provided by Mono Solutions, Inc. (the “Mono Services”), the specific terms and conditions set forth on Appendix 1 hereto shall apply to you, to the Subscription and to the Services in addition to the terms and condition set forth in this Agreement. In the event of any conflict between the terms and conditions on Appendix 1 and the terms and conditions of this Agreement, the terms and conditions on Appendix 1 shall prevail with respect only to the Mono Services.
Miscellaneous: Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. Our affiliates, licensors and contractors are intended third-party beneficiaries of these disclaimers.
Indemnification: Except for willful misconduct on the part of the company or its affiliates you agree to defend, indemnify and hold harmless the company, its affiliates, subsidiaries, shareholders, officers, agents, employees, licensors, service providers, and any third parties who provide products or services as part of the Services (“indemnified parties”) from any and all claims, liability and expenses (including reasonable attorneys’ fees and expenses), whether in contract or otherwise, relating to or arising out of your use of the service and any breach of this Agreement, applicable law or any right of the indemnified parties or any third party. This indemnification obligation includes the acts or omissions of anyone accessing the service using your login id, with or without your permission.
Claim Resolution: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination (“Claim”), shall be referred to and finally resolved by arbitration under the LCIA Rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Dubai International Financial Centre. The language to be used in the arbitral proceedings shall be English.
Binding Effect: Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s decision is final and binding on all parties and may be enforced in any court with jurisdiction without examining the merits of the Claim. Parties agree not to contest or seek court review, appeal or litigation with respect to the Claim or the award.
Assignment of Account: We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment.
Full Agreement: This Agreement constitutes the entire agreement between us concerning your access to and use of the Service or Site and may be modified by the unilateral amendment of this Agreement and the posting by us of such amended version. No salesperson or other representative is authorized to change it for you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this Agreement will remain enforceable. Any specific terms that expressly or by their nature survive termination shall continue thereafter until fully performed. A waiver of any terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Applicable Law: The interpretation and enforcement of this Agreement shall be governed by law of the United Arab Emirates.
Cheques payment beneficiary account: BFOUND DMCC
For Wire Transfer, BFOUND DMCC bank instructions:
Account name: BFOUND DMCC
Account #: 019120013032
Bank Address: Mashreq Bank Dubai UAE P.O. Box 1250
For bfound customer support
Tel No.: 800 – BFOUND (800-236863)
Additional Terms and Conditions that Apply to the Mono Services
2. You acknowledge and agree that the provision of the Mono Services, as white-labelled for us, may be suspended and/or terminated in the event you do not comply with these terms and conditions.
3. You acknowledge and agree that, as between you and us, the Mono Services and all intellectual property rights therein, including patent, copyright, and trademark rights, are our sole and exclusive property and/or our technology partners.
4. You acknowledge and agree:
a. To comply with all applicable laws, rules, and regulations in connection with your use of the Mono Services and the sites derived from such use, including without limitation all data, privacy, and bulk email laws of all applicable jurisdictions;
5. That you acknowledge and agree to comply with all agreements required by providers of third party services prior to the use of such applicable third party service, including without limitation, the following:
For reporting in the platform, Mono uses Google Analytics.
For more information refer to http://www.google.com/analytics/
StockUnlimited – Stock Photo Service
For use of SU stock photos (the “SU Images”), Mono may make the SU service available via the editor if we so choose. For more information, refer to http://contentlicence.mono.net.
Let’s Encrypt – SSL Certificates
The Policy and Legal Repository for Let’s Encrypt SSL Certificates can be found here:
Terms of service: https://sendgrid.com/policies/tos/
Email Policy: https://sendgrid.com/policies/email/
If Mono adds an additional third party service for which an additional agreement is required pursuant to this Section 5, Mono shall provide notice to us as soon as practical and shall work with us to ensure that we have sufficient time to provide notice to you of such additional third party service agreement.
6. You acknowledge and agree that there is no warranty with respect to the Mono Services and/or the sites derived from the use thereof and all implied warranties are disclaimed in their entirety.
7. You acknowledge and agree that our and our technology partners’ liability with respect to the provision of the Mono Services shall be limited to the fullest and most complete extent under applicable law.
8. You acknowledge and agree that you are responsible for and will indemnify us and our technology partners for any violation by you or your internet users of these terms and conditions.
9. You acknowledge and agree that you (i) are solely responsible for ensuring that the configuration of any website created by you utilizing the Mono Services, including graphical elements of text, color, video and interactive features, is compliant with all guidelines, industry standards, and other non-governmental and/or quasi-governmental standards, including without limitation, the Web Content Accessibility Guidelines (WCAG) 2.0, and (ii) shall hold harmless us and our technology partners from and against any claims arising from a failure to comply with the foregoing.
bfound Websites Service Level Agreement
The purpose of this section is to establish a two-way understanding between the client and bfound Support Team for the committed web support services. The document lays out the practices regarding web support which bfound will follow – with regard to the production and delivery of digital products/services, including websites.
Content Instructions & Creation
Instructions: bfound will produce the design, content, processes, and monitoring tools necessary to deliver the website as agreed upon with Account Owner. The product will be produced in according to the brief received from the client.
Website brief: The client is responsible for providing the complete website brief. This may include (but is not limited to) particulars such as Template ID, Color Scheme instruction, Content brief, etc.
Content: The client is responsible for sending all the needed materials for designing the website (Logo, Pictures, Company profile, etc.). Any time taken by the client in sharing this material will not be counted towards the development of the product.
Content Review & Revisions
Draft Reviewing: The client is responsible for reviewing draft design concepts, web pages suggestions, email replies, and all other communication dependencies in a timely fashion. Any time taken by the client in reviewing submitted will not be counted towards the development of the product.
Changes: After the first draft is shared with the client, bfound is responsible for 2 rounds of changes before publishing the website. If there is no reply from the client within two weeks. bfound will publish the website with one of the preferred domain suggestions.
Client Website Access Liability: Once website Editor access has been given to the client, bfound will not be responsible for any errors or issues that may be caused in the website resulting from client-end updates.
Hours of Coverage, Response Times and Complaint Resolution
Hours of Coverage: Web support is provided by the bfound Support Sunday through Thursday, 9 am to 5 pm Dubai Time
Response & Turn-Around Time: bfound Support will cater to all web support requests on a first-in-first-out basis, with the goal of beginning to work on the problem within the target internal timeframe. Clients will be informed about the estimated turn-around time for your request. Actual Response time may vary, depending on the volume and nature of requests being handled at any one time. bfound will not be responsible for any deviations from the communicated estimates.
Complaint Resolution Requirements: The client is responsible for ensuring that all the instructions for changes are objective and communicated clearly to the bfound Support Team. The client is also responsible for providing any visuals, content or samples to aid the team in executing the changes.