1. Introduction

1.1 Maslaha.ae (the “Site”) is a website that provides you with a platform whereby Clients may market their projects to Freelancers, who in turn may view details of such Projects.
1.2 These are the terms and conditions of use (the “Terms and Conditions”) for the Site operated by Maslaha (“Maslaha”, “us”, “we”, or “our”). We are established in the Dubai Creative Cluster Free Zone with commercial licence number is [94813]. These Terms and Conditions are between Maslaha, the Client and the Freelancer.

2. Definitions

the following definitions shall apply to the Terms and Conditions:

“AED” means Arab Emirate Dirhams, the official currency of the United Arab Emirates;

“Client” means the recipient of services from the Freelancer;

“Client Deposit” has the meaning given in clause 14.1.1;

“Details” has the meaning given in clause 11.3;

“Final Installment” has the meaning given in clause 14.2.4;

“Freelancer” means the provider of Freelancer Services to a Client;

“Freelancer Services” has the meaning given in clause 13.7;

“Intellectual Property Rights” has the meaning given in clause 10.1

“Invitation to Quote” An invitation sent by the Client to the Freelancer to

to accept the Project as per the Project Brief or to

provide a quotation.

“Maslaha Fees” has the meaning given in clause ‎14.1.3;

“Maslaha Services” means the services provided by Maslaha through the Site;

“Private Messaging Platform” means the messaging platform provided by the Site for making of all communications between Users;

“Project” means a project that is commissioned by the Client and made available on the Site;

“Project Agreement” means the agreement setting out the scope of work containing the respective rights and obligations between the Client and the Freelancer;

“Project Budget” means the total fee for the Freelancer to undertake the Project;

“Project Brief” means the document setting out a summary of the commercial terms of the Project;
“Privacy Policy” has the meaning given in clause 8.1;

“Request to Quote” means a request sent by the Freelancer to Maslaha requesting the ability to provide a quotation for a Project;

“Site” means the Maslaha website “maslaha.ae”; and

“User / you / your” means any user of the Site, including both Freelancer and Client.

3. User Acknowledgment

3.1 By accessing or using the Site and or the Maslaha Services in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.

3.2 Maslaha reserves the right to unilaterally modify, delete, add and/or amend the Terms and Conditions at any time.  Maslaha may send email notifications to Users regarding the updated Terms and Conditions or provide notice to Users through the Site’s user interface, whichever it deems fit however; any such changes shall take effect immediately. Notwithstanding the foregoing, the continued use of Maslaha, the Site and /or the Maslaha Services constitutes an acceptance to be bound by the Terms and Conditions and or any amendment / modification mentioned above.

3.3 It is the User’s responsibility to ensure that your equipment (computer, laptop, net book, tablet or other mobile device) meets all the necessary technical specifications to enable the User to access and utilise the Site and is compatible with the Site.  

4. Access to the Site

4.1 To use the Site, you must be at least twenty-one (21) years old and able to form legally binding contracts. By continuing to use the Site and agreeing to these Terms and Conditions you are declaring that you are at least twenty-one (21) years old and we can therefore rely on this representation.

4.2 Clients and Freelancers must be legally licensed and certified to receive and/or render the Freelancer Services under the laws of the United Arab Emirates or other applicable jurisdiction and be holders of a valid email address and/or LinkedIn account, as Users are only able to create an account with Maslaha by using their email or LinkedIn accounts.

4.3 We reserve the right to prevent you from using the Site if you have not complied with these Terms and Conditions in accordance with clause 6(a).

4.4 We do not guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site itself becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site. We may automatically upgrade the Site, change, expand and/or seek to improve the Site. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Site.

4.5 User Accounts

(a) Each User shall register for an account which must be a personal account linked directly to that User.  If the User is a corporate entity, the User Account must be linked directly to that entity.

(b) Maslaha may, at its absolute discretion, refuse to register any User, whether person or entity.

(c) Users shall provide accurate and complete information and keep such account information updated at all times. Maslaha will not be held responsible for any error and/or breach occurring due to Users’ failure to update their account information.

(d) Users must provide accurate and correct information on their profiles and in all communications, posts, Project descriptions, Requests to Quote and quotes. If the User has in any way misrepresented itself and/or any information provided on the Site, then Maslaha retains its right to suspend all accounts related to that User, in addition to taking any other measures against the User as it deems fit, including banning the User from using the Site.

(e) Users cannot register more than one account. If a User is found to have registered more than one account Maslaha retains the right to suspend all accounts related to that User and take any other measures against that User that it deems fit, which may include banning the User from using the Site of any of the Maslaha Services.

(f) Users are solely responsible for any activity that occurs on their account. Users may never use another User’s account or registration information for the Site.

4.6 Client Accounts

(a) Once the Client has created an account in accordance with clause 4.5 above, Maslaha shall send an email to the Client for verification.

(b) Once the Client’s account has been verified, the Client must complete its profile by uploading mandatory documents as requested by Maslaha. For the avoidance of doubt, Client will not be able to conduct any business on the Site until such mandatory documents have been approved and verified for authenticity. Maslaha shall activate the Client’s profile once it is satisfied that it has received the necessary information/ documentation that it requires to confirm the identity of the Client.

(c) Once the Client’s account is activated, Client shall be able to use the Site.

(d) Client must complete the customised Project Brief before it can post any Projects.

(e) Client’s Project Budget must be AED 1,000 (one thousand AED) or above.

(f) Client may only negotiate with up to ten (10) Freelancers for each Project.

(g) Client may directly approach a Freelancer who, in its own judgment, fits the required Project profile and can fulfill the Project requirements; by sending an Invitation to Quote and Client will receive Requests to Quote that have been submitted to Maslaha by Freelancers and whose requests have been filtered and approved by Maslaha.

(h) Client may only discuss or negotiate the quotes received with the Freelancer by using the encrypted messaging system outlined at clause 12.

(i) Once Client has reached an agreement with a Freelancer, Client must click on the “hire” button which shall direct the Client to the Project Agreement for execution.

(j) Client may only hire one Freelancer per Project.

4.7 Freelancer Accounts

(a) Once the Freelancer has created an account in accordance with clauses 4.5 above, Maslaha shall send an email to the Freelancer for verification.

(b) Once the Freelancer’s account is verified, Freelancer must complete their profile by uploading mandatory documents as requested by Maslaha. For the avoidance of doubt, Freelancer will not be able to conduct any business on the Site until Maslaha is satisfied that it has received the necessary information/documentation that it requires to confirm the identity of the Freelancer

(c) Once Freelancer’s account has been activated, Freelancer may review available Projects and submit Requests to Quote.

(d) Freelancer may only work on up to ten (10) active Projects at one time. Freelancer’s quota for active Projects may be reduced at the discretion of Maslaha including, without limitation in response to a disciplinary measure taken against the Freelancer for either:

(i) Failing to meet deadlines on Projects or
(ii) Having a low review rating based on the number of complaints and disputes
raised against the Freelancer
(e) Requests to Quote are reviewed by Maslaha who shall cross-check the Project requirements before the Freelancer’s Request to Quote is submitted to the Client for consideration. Approval of a Request to Quote is at the complete discretion of Maslaha. Notwithstanding the foregoing, without prejudice to the generality of Maslaha’s discretion, Maslaha may reject Request to Quote under the following circumstances:
(i) Freelancer’s skill sets do not match the Project requirements outlined in the
Project Brief;
(ii) The Project has been closed/ filled;
(iii) The quota for the quotes on a Project has been reached;
(iv) The Freelancer is suspended or banned from using the Maslaha Services or
the Site;
(v) The Freelancer’s is subject to a disciplinary measure described at clause 4.7 (d) above.
Maslaha will endeavor to send the Freelancer a notification informing them of their decision to reject the Request to Quote without prejudice to the generality of Mashala’s discretion.
(f) If the Freelancer is granted a Request to Quote by Maslaha, the Freelancer may only discuss or negotiate the quotes with the Client using the Private Messaging Platform.
(g) The Freelancer has the right to quote a higher amount than the listed Project Budget, however, for the avoidance of doubt, it remains up to the Client whether it accepts the quote and hires the Freelancer for a Project. Maslaha shall in no way be responsible for failure in negotiations and/or loss of opportunity of any kind on behalf of the Freelancer or the Client.
(h) If the Client hires the Freelance in response to a Request to Quote, the Freelancer shall be notified by e-mail and alerted to sign the Project Agreement.

5. Prohibited Conduct and Restrictions on the use of the Site

5.1 A User may retrieve and display content from the Site on a computer screen, print and copy individual pages, and, subject to clause 5.2 (n) store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, they will be displayed before you access the relevant features, parts or content.

5.2 While using the Site, Users will not attempt to or otherwise do any of the following:

(a) Post content or items in inappropriate categories or areas on the Site;
(b) Infringe any laws, third party rights or Maslaha’s policies;
(c) Fail to adhere to any payment terms for services provided;
(d) Circumvent or manipulate Maslaha’s fee structure, the billing process, or any fees owed to Maslaha;
(e) Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information) on the Site;
(f) Take any action that may undermine the feedback or reputation of the Site (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Site);
(g) Transfer a User’s account (including feedback) and username to another party without our consent;
(h) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
(i) Distribute viruses or any other technologies that may harm Maslaha, the Site, or the interests or property of Maslaha Users (including their Intellectual Property Rights, privacy and publicity rights) or is otherwise unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(j) Download and aggregate listings from the Site for display with listings from other websites without Maslaha’s express written permission, “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without Maslaha’s express prior written authorisation;

5.3 The Users undertake that they shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Project on or through the Maslaha Services, including without limitation any user content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

6. Disciplinary Measures

(a) Maslaha reserves the right to restrict User’s access, temporarily or indefinitely block User’s account, and halt any Project without reason. Without limiting the foregoing, Maslaha may close, suspend or limit a user’s access to Account if (without limitation):
(i) User breaches these Terms and Conditions. For the avoidance of doubt, all
rights granted to Users under these Terms and Conditions will terminate
immediately in the event that a User is in breach of any of them.
(ii) Maslaha is unable to verify or authenticate any information provided by
the User;
(iii) Maslaha believes that the User’s actions may cause any loss or liability to
other Users or to Maslaha.
(iv) A User under-bids on any Project in an attempt to renegotiate the actual
price privately, to attempt to avoid fees;
(v) Maslaha determines that the User has infringed legal rights (resulting in
actual or potential claims), including infringing Intellectual Property
Rights;
(vi) Maslaha determines that the User has engaged, or is engaging, in
fraudulent, or illegal activities;
(vii) User does not respond to account verification requests;
(viii) User does not complete account verification when requested within 3
months of the date of request;
(ix) User attempts to communicate with another User by means other than
Maslaha’s Private messaging Platform described in clause 12.
(b) Without limiting Maslaha’s other remedies, to the extent a User has breached these Terms and Conditions, User must pay us all fees owed to Maslaha and reimburse Maslaha for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
(c) Users acknowledge and agree that: (1) the damages that Maslaha will sustain as a result of User’s breach of these Terms and Conditions will be substantial and will potentially include (without limitation) fines and other related expenses imposed on Maslaha by payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if a User breaches these Terms and Conditions, Maslaha may take legal action against User to recover losses.
(d) In the event that Maslaha closes a User’s Account, Users acknowledge that the User will have no claim whatsoever against Maslaha in respect of any such suspension or termination of the User’s Account.

7. Access through Devices

7.1 If you access the Site on a mobile device, you may also need to agree to be bound by any additional terms issued by the platform provider in order to use the Site on that device.

7.2 We do not warrant that the Site will be compatible or interoperable with your device or any other hardware, software or equipment installed on or used in connection with your device.

7.3 You acknowledge and understand that when using the Site from your phone it may require and utilise phone service or data access and you shall be responsible for any such charges that may apply.

8. Security and Privacy

8.1 You acknowledge that certain information provided by you to Maslaha or on the Site may be stored on your device. It is your responsibility to maintain the security of your device from unauthorized access. Use by the Site of any personal information about you is subject to the Maslaha Privacy Policy  (the “Privacy Policy”) of which you agree to be bound.

8.2 Users must immediately notify Maslaha upon becoming aware of any unauthorized access or any other security breach to the Site, User’s account or the Maslaha Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities).

8.3 Use of User’s personal information submitted to or via the Website is governed by Maslaha’s Privacy and Cookies Policy, which form an integral part of these Terms and Conditions.

9. Electronic Communications

9.1 When you use the Site or send e-mails to us, you are communicating with us electronically and therein consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Intellectual Property Rights

10.1 All “Intellectual Property” Rights, which includes rights such as copyright and rights in trade marks) in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Maslaha or appropriately licensed to us. Except as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall give rise to any rights in respect of any Intellectual Property owned by us or licensed to us and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. If you print off, copy or store pages from the Site (in accordance with these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

10.2 When Users provide Maslaha with any content, the User hereby grants Maslaha a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights that the User has over the content, in any media known now or in the future.

11. Content on the Site

11.1 We cannot and do not guarantee that any content on the Site will be free from viruses and/or other code that may have contaminating or destructive elements to your device. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

11.2 Maslaha attempts to be as accurate as possible. However, information associated with the Site may be provided by third parties for which Maslaha relies on to be accurate. Accordingly, Maslaha does not warrant that the Site, project descriptions, and other content on the Site are complete, accurate, non-misleading, reliable, current or error-free.

11.3 We provide a service whereby Users may market project and service details (the “Details”) together with other content hosted and developed by us. Users are responsible for preparing the Details and fielding enquiries directly from other Users.

11.4 Details are hosted by us in good faith. You acknowledge that Maslaha does not monitor, verify or approve the Details and that you are responsible for:

11.4.1 making your own enquiries and checking, confirming and satisfying
yourself as to the accuracy of any Details;

11.4.2 for instructing a surveyor and obtaining legal advice before committing
to any purchase; and

11.4.3 for ensuring that you act in good faith towards other parties.

12. Communication with Other Users

12.1 Communication with other Users on Maslaha must be conducted through Maslaha’s Private Messaging Platfrom. Users must not post or disclose personal information, email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Site or through Maslaha’s Private Messaging Platform, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Site.

12.2 All terms agreed to between Users must be confirmed in writing as part of Project Agreement.

12.3 Maslaha may read all correspondence posted to the website and download or access, and test (if necessary), all uploaded files, programs and websites related to Users’ use of the Site for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

13. Project Terms

13.1 The relationship between the Client and Freelancer shall be governed by these Terms and Conditions and the Project Agreement.

13.2 Once a Request to Quote has been accepted between Client and Freelancer a Project Agreement will be executed and scanned by the Users on to the Site. The Project Agreement is only effective once the executed counterparts have both been signed and uploaded onto the Site.

13.3 The Users agree not to enter into any other contractual provisions in conflict with these Terms and Conditions and the Project Agreement.

13.4 Users are solely responsible for ensuring that Users comply with their obligations to one another. If a User fails to meet his obligations then he may become liable to any other.

13.5 If a User breaches any obligation, the other User is solely responsible for enforcing any rights that it may have. For the avoidance of doubt, Maslaha shall have no responsibility for enforcing any rights under the Project Agreement on behalf of one User against another. However, at its complete discretion and upon assessment of any breaches by any User, Maslaha may elect to take disciplinary action against the breaching User (in accordance with clause 6 above)

13.6 Freelancer Obligations

13.7 Freelancer shall provide the Client with the services outlined in the Project Brief as incorporated in the Project Agreement (the “Freelancer Services”)