1.About these terms
These Terms & Conditions (“Terms”) form a legally binding agreement between you (“you”, the “Client”) and NEDHAM BARAQ TECHNICAL CONSULTATIONS L.L.C, a limited liability company registered in the Emirate of Dubai, United Arab Emirates under trade licence No. 1398034 issued by the Government of Dubai — Department of Economy and Tourism (DET)(“we”, “us”, “the Company”).
They apply to your use of this website and to every service we supply, unless a separate signed agreement between us says otherwise. Where a signed service agreement or written quotation conflicts with these Terms, that signed document prevails for the engagement it covers.
These Terms take effect on 12 August 2024. By using this website, requesting a quotation, or accepting a quotation, you confirm that you have read and accepted them.
2.Services we provide
We provide the technical consultancy activities licensed under our trade licence, namely: Technical Installations Consultancies, Information Technology Consultants, Computer Systems Consultancies, Network Consultancies, and Web-Design.
We do not undertake work outside our licensed activities. Where an engagement requires physical installation work, that work is performed by a separately appointed contractor holding the appropriate licence; our role in such cases is consultancy and supervision.
3.Quotations and scope of work
- Every engagement begins with a written quotation setting out the scope, deliverables, timeline, price and payment schedule.
- Quotations are valid for 30 days from the date of issue unless stated otherwise.
- A contract is formed only when you accept the quotation in writing (including by email) or pay the deposit stated in it.
- Prices published on this website are indicative starting points. The price in your written quotation is the price that applies.
- Work outside the agreed scope will be quoted separately and only starts once you approve that variation in writing.
4.Fees, payment and VAT
- All fees are stated and payable in UAE Dirham (AED).
- Unless a quotation states otherwise, prices are exclusive of Value Added Tax, which is added at the prevailing UAE rate of 5%.
- Recurring managed-service fees are invoiced in advance on the first working day of each service month.
- Project fees are invoiced 50% on acceptance of the quotation and 50% on delivery, unless a different milestone schedule is agreed.
- Invoices are due within 14 days of the invoice date.
- We accept visa, mastercard, bank transfer, cash. Card payments are processed by a licensed third-party payment gateway; we do not store your full card details at any time.
- We may suspend services on written notice if an undisputed invoice remains unpaid more than 14 days after its due date.
5.Your responsibilities
- Provide accurate information, and timely access to premises, systems, credentials and staff where the work requires it.
- Maintain valid licences for any third-party software or hardware you ask us to configure or support.
- Ensure you hold your own current backups of business data before any migration, upgrade or configuration change.
- Nominate a single point of contact authorised to approve scope changes and sign off deliverables.
- Use our services and this website lawfully, and not for any purpose prohibited under the laws of the United Arab Emirates.
6.Delivery and acceptance
Delivery timelines are set out in your quotation and begin on the later of (a) written acceptance of the quotation, (b) receipt of the deposit, and (c) receipt of the access and information we need from you.
On completion of a project deliverable we will notify you in writing. You then have 7 days to review it and raise any item that does not meet the agreed scope. If we receive no written objection within that period, the deliverable is deemed accepted. Details are set out in our Shipping & Delivery Policy.
7.Cancellation and refunds
Cancellation rights, notice periods and how any refund is calculated are set out in full in our Refund & Cancellation Policy, which forms part of these Terms.
8.Intellectual property
On full payment of all sums due for an engagement, ownership of the bespoke deliverables produced specifically for you under that engagement — such as website source code, network designs and documentation — transfers to you.
We retain ownership of our pre-existing methodologies, templates, tools and know-how, and grant you a non-exclusive, perpetual licence to use them to the extent they are embedded in your deliverables. Third-party software and licences remain the property of their respective owners and are governed by their own terms.
All content on this website, including the Nedham Baraq name and logo, is our property and may not be reproduced without our written consent.
9.Confidentiality and data protection
Each party will keep the other's confidential information secret, use it only for the purposes of the engagement, and disclose it only to personnel who need it. This obligation continues for three years after the engagement ends.
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf, we do so on your documented instructions and apply appropriate technical and organisational security measures.
10.Warranties
We warrant that our services will be performed with reasonable skill and care, by suitably qualified personnel, and in accordance with the agreed scope.
Project deliverables carry a 30-day defect-remedy period from acceptance: if a delivered item does not perform as specified, we will correct it at no additional cost. This does not cover faults caused by third-party changes, misuse, unlicensed software, hardware failure, or modifications made without our involvement.
Except as expressly stated, and to the fullest extent permitted by UAE law, all other warranties, whether express or implied, are excluded.
11.Limitation of liability
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited under UAE law.
Subject to that, our total aggregate liability arising out of or in connection with an engagement is limited to the total fees actually paid by you to us under that engagement in the 12 months preceding the event giving rise to the claim.
We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss or corruption of data where you have not maintained your own backups.
12.Force majeure
Neither party is liable for a failure or delay in performing its obligations caused by events beyond its reasonable control, including acts of government, telecommunications or utility failures, cyber attacks on third-party infrastructure, natural events, epidemics or civil disturbance. Affected obligations are suspended for the duration of the event.
13.Term and termination
- Managed-service agreements run for an initial term of three months and continue monthly thereafter, terminable by either party on 30 days' written notice.
- Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within 14 days of being notified, or becomes insolvent.
- On termination you must pay for all services performed up to the termination date. We will hand over documentation, configurations and credentials in our possession that belong to you, provided all undisputed invoices are settled.
14.Third-party services and links
Engagements may involve third-party products and services (for example hosting, domain registration, cloud platforms or hardware manufacturers). Those are supplied subject to the third party's own terms, and we are not responsible for their availability, performance or pricing changes. This website may link to external sites over which we have no control.
15.Changes to these terms
We may update these Terms from time to time. The version published on this page at the moment you accept a quotation is the version that applies to that engagement. Material changes affecting an ongoing agreement will be notified to you in writing at least 30 days in advance.
16.Governing law and jurisdiction
These Terms and any dispute arising out of them are governed by the federal laws of the United Arab Emirates and the laws applicable in the Emirate of Dubai, United Arab Emirates. The parties submit to the exclusive jurisdiction of the Courts of Dubai, United Arab Emirates.
Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute through discussion for a period of 30 days.
17.How to contact us
NEDHAM BARAQ TECHNICAL CONSULTATIONS L.L.C
Office 108, Building A41, Owned by Saeed Suhail Saeed Bin Delooh Al Ketbi, First Commercial Centre, Bur Dubai, Dubai, United Arab Emirates
Telephone: +971 55 714 0161
Email: info@nedhambaraq.ae
Trade licence No. 1398034 · Commercial register No. 2770192