Terms & Conditions
These Terms and Conditions (“Terms”) apply to your use of SilberArrows’ services provided by SilberArrows LLC, Al Manara Road, Al Quoz 1, Dubai, UAE, P.O. Box 185095 (hereinafter “SilberArrows”). By using the Services or continuing to use the Services after you have been notified of a change in the Terms, you agree to be bound by these Terms.
Supplemental terms or documents that may be posted on the Web Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.
1. Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SilberArrows, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Arab Emirates and International intellectual property and other relevant laws.
- Subject to sub-clause 1.1 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by SilberArrows.
2. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of SilberArrows or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
3. The Services
- SilberArrows shall supply, and the Customer shall purchase the Services in accordance with the accepted quotation which is subject to this Agreement.
- The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
- With effect from the Commencement Date SilberArrows shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the accepted quotation or otherwise agreed under this Agreement.
- SilberArrows will use reasonable care and skill to perform the services identified in the accepted quotation or otherwise agreed under this Agreement.
- SilberArrows shall use all reasonable endeavors to complete its obligations under the Agreement, but time will not be of the essence in the performance of these obligations.
4. Basis of Service
- SilberArrows’ employees or agents are not authorised to make any representations concerning the Services unless confirmed by SilberArrows in writing.
- In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- No variation to this Agreement shall be binding unless agreed in writing between the authorised representatives of the Customer and SilberArrows.
- Sales literature, price lists and other documents issued by SilberArrows in relation to the Services are subject to alteration without notice and do not constitute offers to sell the Services which are capable of acceptance.
- An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by SilberArrows and no contract for the sale of the Services shall be binding on SilberArrows unless SilberArrows has issued a quotation which is expressed to be an offer to sell the Services or has accepted an order placed by the Customer by whichever is the earlier of:
a) SilberArrows’ written acceptance;
b) performance of the Services;
c) or SilberArrows’ invoice.
- Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by SilberArrows shall be subject to correction without any liability on the part of SilberArrows.
- The price of the Services shall be the price listed on the website or in accepted quotation current at the date of acceptance of the Customer’s order or such other price as may be agreed in writing by SilberArrows and the Customer.
- Where SilberArrows has quoted a price for the Services other than in accordance with SilberArrows’ published price list the price quoted shall be valid for 30 days only or such lesser time as SilberArrows may specify.
- SilberArrows reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Services to reflect any increase in the cost to SilberArrows which is due to any factor beyond the control of SilberArrows (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of transportation), any change in performance dates, quantities or specifications for the Services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give SilberArrows adequate information or instructions.
- The price is inclusive of any applicable value added tax excise, sales or taxes or levies.
- All payments required to be made pursuant to this Agreement by either party shall be made within 7 days of the date of the relevant invoice, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
- The time of payment shall be of the essence of this Agreement.
- If the Customer fails to make any payment on the due date in respect of the price or any other sum due under this Agreement then SilberArrows shall, without prejudice to any right which SilberArrows may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 5 per cent and the base rate of the UAE Central Bank from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
- All payments shall be made to SilberArrows as indicated on the form of acceptance or invoice issued by SilberArrows.
7. Delivery of the Services and Performance
- SilberArrows are professionals who will use their own initiative as to the manner in which the Services are delivered provided that in doing so SilberArrows shall co-operate with the Customer and comply with all reasonable and lawful requests of the Customer.
- SilberArrows may provide the Services at such times and on such days as SilberArrows shall decide but shall ensure that the Services are provided on such days and at such times as are necessary for the proper performance of the Services.
- Delivery of the Services shall be made by SilberArrows delivering the Services to the place or location specified in the accepted quotation.
- If the Customer fails to provide any instructions, documents, licenses, consents or authorizations required to enable the Services to be delivered on that date, SilberArrows shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Services and then notwithstanding the provisions of this Agreement risk in the Services shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to SilberArrows all costs and expenses including storage and insurance charges arising from such failure.
- With effect from the Commencement Date SilberArrows shall, in consideration of the amount(s) being paid in accordance with the accepted quotation will provide the services expressly identified in the schedule or otherwise agreed under this Agreement.
- SilberArrows will provide SilberArrows’ services to the Customer as an independent contractor and not as an employee.
- SilberArrows is free to provide services to other clients so long as there is no interference with SilberArrows’ contractual obligations to the Customer.
- SilberArrows has no authority to and will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of the Customer.
- SilberArrows may assign the Contract or any part of it to any person, firm or company.
- The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of SilberArrows.
10. Customer’s Default
- If the Customer fails to make any payment on the due date, then without prejudice to any other right or remedy available to SilberArrows, SilberArrows shall be entitled to:
a) cancel the order or suspend any further performance of Services to the Customer;
b) appropriate any payment made by the Customer for such of the Services (or the Services supplied under any other contract between the Customer and SilberArrows) as SilberArrows may think fit (notwithstanding any purported appropriation by the Customer); and
- This condition applies if:
a) the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or
b) the Customer becomes subject to an administration order or makes any voluntary arrangement with its creditors or becomes bankrupt or goes into liquidation or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
c) the Customer ceases, or threatens to cease, to carry on business; or
d) SilberArrows reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
- If the above condition applies then, without prejudice to any other right or remedy available to SilberArrows, SilberArrows shall be entitled to cancel the Contract or suspend any further performances under the Contract without any liability to the Customer, and if the Services have been performed but not paid for the price shall become immediately due and payable notwithstanding any previous Agreement or arrangement to the contrary.
SilberArrows warrants to the Customer that:
a) SilberArrows will comply with all applicable legal and regulatory requirements applying to the exercise of SilberArrows’ rights and the fulfilment of SilberArrows’ obligations under this Agreement;
b) SilberArrows has or has access to all necessary know-how, expertise, and experience to perform its obligations under this Agreement.
c) the work product as provided will conform in all material respects with the accepted quotation;
d) the work product will be supplied free from Defects.
- Except in respect of death or personal injury caused by SilberArrows’ negligence, SilberArrows will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by SilberArrows’ servants or agents or otherwise) which arise out of or in connection with the supply of the Services.
- The Customer shall indemnify SilberArrows against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.
- Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.
- SilberArrows shall not be liable to the Customer or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of SilberArrows’ obligations if the delay or failure was due to any cause beyond SilberArrows’ reasonable control.
- All communications between the parties about the Contract shall be in writing and delivered in PDF format via email and/or WhatsApp Messenger to the registered email/phone number of the parties set out in any document which forms part of the Contract, or such other address/phone number as shall be notified to SilberArrows by the Customer.
- Communications shall be deemed to have been received if sent by email on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
14. Force Majeure
- In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, weather, weather conditions, earthquake, strike or lockout the party shall not be deemed to be in breach of its obligations under this Agreement.
- The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
- The preceding clause shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
- Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
- If and when the period of such incapacity exceeds 3 months, then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
16. Availability of the Web Site
- The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
- SilberArrows accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
No waiver by SilberArrows of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
19. Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract.
20. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the United Arab Emirates and the parties agree to submit to the exclusive jurisdiction of the courts of Dubai.