Terms of Service
more life FZCO | Dubai Silicon Oasis, IFZA Business Park, Building P1
— applicable to business customers only —
1. Subject Matter, Scope
1.1. These Terms of Service (hereinafter "Terms") govern the contractual relationship between you and us with regard to the provision of consulting and related services by more life FZCO, Dubai Silicon Oasis, IFZA Business Park, Building P1 (hereinafter "we" or "us") to the customer (hereinafter "customer" or "you").
1.2. These Terms apply exclusively to business transactions with entrepreneurs, i.e. natural persons, legal entities or partnerships with legal capacity that enter into a business relationship with us in the exercise of their commercial or independent professional activity. Our services are not directed at consumers.
1.3. Our offers and services are subject exclusively to these Terms. Deviating and/or supplementary terms and conditions of the customer shall not become part of the contract.
2. Provision of Services
2.1. We are entitled to provide our services, in particular consulting services, through third parties.
3. Customer's Duties to Cooperate
3.1. The customer is obliged to support us in the provision of services. In particular, the customer shall designate, for the duration of the performance of the contract, a responsible person who holds all decision-making powers and authorizations required for the purposes of performing the contract. Furthermore, the customer shall only deploy personnel with the qualifications required for the proper use of our services.
3.2. The customer shall set up and maintain suitable remote access in good time if and to the extent that we provide IT services remotely. The customer shall also establish the technical requirements for video calls in good time (webcam, microphone, internet connection). If we provide our services on site, the customer shall provide us with the necessary access to the premises.
3.3. The customer is obliged to treat identification codes and user credentials provided to them confidentially and not to pass them on to third parties. In the event of loss, or in the event of knowledge or suspicion of unauthorized access by third parties, the customer shall inform us without undue delay.
3.4. Unless otherwise agreed, the customer shall provide all hardware as well as virtualization, operating system, database and other product licenses required in connection with the provision of our services, and shall maintain corresponding hardware and software maintenance agreements with the licensors for the entire term of the contract. This also includes state-of-the-art secured remote maintenance access.
3.5. The customer is responsible for backing up their systems, data and applications, unless this has been expressly agreed as a service to be provided by us.
3.6. The customer shall ensure the technical requirements for video calls (webcam, microphone, internet connection).
4. Consulting Results
4.1. In the case of consulting services provided by us, the customer may use illustrative material, drawings, concepts and other documents and/or materials that we provide to the customer temporarily or permanently in connection with the consulting services for the intended purposes of the respective consulting engagement. Use for the purposes of commercial consulting of third parties that competes with our own consulting offering is not permitted.
5. Remuneration, Invoicing
5.1. The customer shall pay for the services selected by them the fees in accordance with our price list or other pricing schedule valid at the time the contract is concluded.
5.2. The following applies to business customers: if we increase our prices generally, we are entitled to increase the prices under the contract in the same manner. However, the first change to the contractual prices may not take place before the expiry of 6 months from conclusion of the contract, and each subsequent price change must be at least 6 months after the previous one. In addition, any price change must remain within the bounds of reasonable discretion.
5.3. We may issue invoices electronically.
6. Use as Reference
6.1. We may use the customer's name/designation, company and logo for reference purposes in online, print or other media.
7. Claims for Defects (Warranty)
7.1. To the extent that we are liable under warranty law, the following applies: claims of the customer based on defects shall become time-barred one year after acceptance of the work. Excluded from this are claims for damages by the customer aimed at compensation for injury to life, body or health caused by a defect for which we are responsible, or attributable to gross fault on our part or on the part of our vicarious agents; the statutory limitation period applies to such claims.
8. Cancellation by the Customer
8.1. In the event of your cancellation, we are entitled to charge you the difference between the agreed remuneration and what we have saved as a result of the service not being performed, or what we have earned — or maliciously failed to earn — through other use of our services.
8.2. Instead of a specific calculation of the difference within the meaning of the preceding paragraph, we may charge a flat-rate cancellation fee in the following amount:
8.2.1. Cancellation up to 1 day before the scheduled service: 0% of the remuneration
8.2.2. Cancellation at a later time, or failure to appear: 100% of the remuneration
If you demonstrate that the remuneration owed by law, taking your cancellation into account, is lower, that lower amount shall apply.
8.3. In the event of a justified termination for good cause, the preceding paragraphs (1) and (2) shall not apply and the statutory provisions alone shall apply.
9. Exclusions and Limitations of Liability
9.1. The following applies to our liability for damages:
9.1.1. In cases of intent and gross negligence, including that of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health.
9.1.2. In the case of negligently caused property damage and financial loss, we shall only be liable in the event of a breach of a material contractual obligation, limited in amount to the damages foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely.
9.1.3. In all other respects, our liability, irrespective of its legal basis, is excluded.
9.1.4. The exclusions and limitations of liability in the preceding paragraphs (1) to (3) also apply mutatis mutandis in favor of our vicarious agents.
9.1.5. Liability arising from the assumption of a guarantee or under mandatory product liability law remains unaffected by the exclusions and limitations of liability in the preceding paragraphs (1) to (4).
10. Governing Law, Jurisdiction
10.1. The law of the United Arab Emirates applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
10.2. The place of jurisdiction for transactions with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to bring an action at the customer's registered office.