14.4.1 Client may add milestones for any additional works, provided that such new milestones are pre-agreed with the Freelancer and recorded through the Private Platform Messaging System. The Client must notify Maslaha of the additional or varied scope of work and the subsequent revised fee, if applicable. The Freelancer must also ensure that it does not initiate the additional or varied scope of work until the Freelancer receives confirmation from Maslaha that it has approved the additional or varied scope of work and that any additional funds have been added to the Project Budget as agreed between the Users.
14.4.2 The additional agreed funds shall be added to the Project Budget and added to the Final Installment.
14.4.3 Maslaha shall subsequently revise its fees accordingly and deduct the difference from the Final Installment as well.
15.1 The Site is provided without warranty and is provided on an “as is, as available basis”. We hereby disclaim all warranties of any kind, express or implied, arising by statute, custom, course of dealing or trade usage, with respect to the Site or the services provided thereunder.
15.2 Notwithstanding the generality of the foregoing, Maslaha specifically disclaims the following with respect to the Site: implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service from a third party; the accuracy, timeliness, security and performance of the Site; or freedom from any errors or viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
15.3 The Site may contain links to third party products, services and/or websites that are not affiliated with Maslaha. We are not responsible for the content of these websites or applications or for anything provided by any third party. By providing a link to a non-Maslaha website or application, Maslaha does not represent or imply that it endorses such website or application. Maslaha disclaims any responsibility for any harm resulting from your use of third party websites and applications.
15.4 Maslaha may display advertisements or promotions on the website. Users acknowledge and agree that Maslaha shall not be responsible for any loss or damage of any kind incurred by the User as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, Users acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws and, as such, Users confirm their understanding that they may not modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions
15.5 Maslaha cannot and does not guarantee whether the Site, the Freelancer Services or the Maslaha Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Site, the Freelancer Services or the Maslaha Services;
15.6 To every extent permitted by law, Maslaha specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, quality, suitability and non-infringement.
15.7 Maslaha cannot and does not confirm each User’s purported identity on the Site. All information provided by Maslaha is information that is based solely on data that a User submits and Maslaha provides such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by Maslaha.
16. General Representation and Warranty
17. Limitation of Liability
17.1 In no event shall Maslaha, its related entities, affiliates or staff be liable for:
(i) any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage) incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it (including the Details), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
(ii) the cost of procurement or substitute products or services; or
(iii) for interruption of use or loss or corruption of data.
We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. However, nothing in these Terms and Conditions shall limit or exclude any liability on us for death, personal injury or any claim or action arising from our fraud or dishonesty.
18.1 The User agrees to indemnify, defend and hold harmless Maslaha, its shareholders and their respective directors, officers and employees, agents, subsidiaries and partners from and against any and all claims, actions, demands, damages, losses and expenses, including attorneys’ fees, out of your use or misuse of the Site, your violation of these Terms and Conditions, your violation of any third party’s proprietary rights or any disputes between you and one or more users connected to or otherwise arising from the Site in any way.
19. Survival and Release
19.1 These Terms and Conditions supersede any other agreement between Users and Maslaha. If any part of these Terms and Conditions are found to be unenforceable, such part will be limited to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. Maslaha’s failure to enforce any part of these Terms and Conditions is not a waiver of any of Maslaha’s rights to later enforce that or any other part of these Terms and Conditions. Maslaha may assign any of its rights and obligations under these Terms and Conditions from time to time.
19.2 If there is a dispute between Users on this Site, or between Users and any third party, the User agrees that Maslaha is under no obligation to become involved. In the event that User has a dispute with one or more other Users, the User hereby releases Maslaha, its officers, employees, affiliates, partners, agents, and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Maslaha’s services.
20. Closing of User’s Account
20.1 User may close its account at any time subject to:
(i) not having any outstanding Project listings on the Site or Request for Quotations;
(ii) resolving any outstanding matters (such as a suspension or restriction on User’s account); and
(iii) Settling any outstanding fees or any other amounts owing on the account.
20.2 Maslaha may retain some of the User’s personal information to satisfy regulatory requirements and Maslaha’s own external obligations. Closing User’s account does not necessarily delete or remove all of the information that Maslaha holds.
21.1 A User may not assign any part of these Terms and Conditions without the prior written consent of Maslaha.
21.2 No failure or delay by any party in exercising any right under these Terms and Conditions shall operate as a waiver of such right nor shall any single or partial exercise of any right preclude the exercise of any other right.
21.3 Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in these Terms and Conditions and / or in the Project Agreement creates a partnership, joint venture, agency or employment relationship between Users.
21.4 Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Maslaha and any User.
22. Governing Law and Dispute
22.1 These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Dubai International Financial Centre (“DIFC”).
22.2 In the event of a dispute arising between the parties in connection with these Terms and Conditions:
22.3 where the dispute relates to a claim for a sum within the limits specified by the DIFC Small Claims Tribunal from time to time, then the dispute shall be referred by either party to the said Tribunal; and
22.4 for all other disputes, the parties shall seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. If the dispute is not settled by mediation within thirty (30) days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. The language to be used in the mediation and in the arbitration shall be English. In any arbitration commenced pursuant to this clause the number of arbitrators shall be one and the arbitration shall be conducted in Dubai.
23. Determination of Disputes between Users and release of funds in case of dispute
23.1 Disputes related to delay in delivery of the Work by the Freelancer
If Maslaha is informed by the Client that the Freelancer has failed to meet deadlines agreed between him and the Client in the Project Agreement or new terms agreed between the Users on the Private Messaging Board, then Maslaha reserves the right to review the agreements reached between the Users and if it determines that the Freelancer is delayed in completing the work, Maslaha shall refund all monies held on account for the Project back to the Client and deem the agreement between the Users terminated. The Freelancer hereby confirms that Maslaha will not be acting as an arbitrator or an expert in coming to any determination and shall not be held liable for exercising its discretion in this regard and shall not be under any duty to participate in any related ensuing proceedings between the Client and the Freelancer.
23.2 Disputes related to delay in payment by the Client
If the Client fails to submit the Final Installment due to the Freelancer within a reasonable time upon his notification that the work is complete and ready to be delivered in accordance with Clause 14 above, then Maslaha shall release all monies held on account for the Project to the Freelancer and deem the agreement between the Users terminated with no obligation on the Freelancer to send the high resolution files to the Client. The Client hereby confirms that Maslaha shall not be held liable for exercising its discretion in this regard. The Client hereby confirms that Maslaha will not be acting as an arbitrator or an expert in coming to any determination and shall not be held liable for exercising its discretion in this regard and shall not be under any duty to participate in any related ensuing proceedings between the Client and the Freelancer.
23.3 Disputes related to the Quality of the Work
Maslaha makes no representations whatsoever that it has the necessary expertise to determine and / or assess the quality of the work delivered by the Freelancer to the Client and as such, Maslaha shall in no way make a determination or judgement on this matter should any issue/ question or dispute about the quality of the work arise between Users.
If a dispute regarding the quality of the works arises between the Users, Maslaha shall hold all funds related to the Project until:
(a) Both Users confirm to Maslaha in writing that they have reached an
amicable agreement, in which case Maslaha shall honor what has been agreed
between the Users; or
(b) b) Either one of the Users forward to Maslaha, a final judgement, order and
/or award from the DIFC court/ DIFC-LCIA Arbitration Centre determining
the dispute between the users, in which case Maslaha shall release the funds in
accordance with the order issued by the Execution court.
Legal notices may be served by Maslaha to a User to the email address provides by the User to Maslaha during the account opening process. Notice will be deemed given 24 hours after email is sent.
Any notices to Maslaha must be sent by registered post.
The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
26. No Waiver
Maslaha’s failure to act with respect to an anticipated or actual breach by User or others does not waive its right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
27. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
in5 Innovation Centre- – Dubai
King Salman Bin Abdulaziz Al Saud St
Phone: +971 4 390 1111