Terms of Service

These Terms of Service ("Terms") govern your use of the website and services provided by Arsyk Media ("we," "our," or "us"), a digital agency based in Dubai, United Arab Emirates. By accessing our website at arsykmedia.com or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you should not use our website or engage our services.

1. Service Agreement Overview

Arsyk Media provides digital agency services including, but not limited to, app development, web design and development, brand identity and growth, social media management, business automation, AI integration, and CRM systems.

When you engage our services, we will provide a detailed scope of work ("SOW") or service agreement that outlines the specific deliverables, timelines, and terms for your project. These Terms apply in addition to any SOW or service agreement. In the event of a conflict between these Terms and a specific SOW, the SOW shall prevail for that particular engagement.

All services are provided on a monthly retainer or project basis, depending on the package and scope agreed upon. We reserve the right to modify our service offerings at any time with reasonable notice to active clients.

2. Service Packages and Pricing

We offer three primary service packages. Pricing is in United Arab Emirates Dirhams (AED) and is billed monthly unless otherwise agreed:

Custom packages are available for businesses with specific requirements outside of these tiers. Contact us for a tailored proposal.

Prices are exclusive of VAT where applicable. We reserve the right to adjust pricing with 30 days' written notice. Any price changes will not affect the current billing cycle.

3. Payment Terms

Invoicing and Due Dates

Invoices are issued at the beginning of each service month (or upon agreement for project-based work). Payment is due within 7 days of the invoice date unless otherwise agreed in writing.

Accepted Payment Methods

We accept bank transfers, credit/debit card payments, and other payment methods as communicated during onboarding. All payments must be made in AED unless an alternative currency is agreed upon.

Late Payments

If payment is not received within 14 days of the due date, we reserve the right to:

• Suspend active services, including pausing social media management, website hosting support, and automation systems
• Apply a late fee of 5% of the outstanding amount for each 30-day period the payment remains overdue
• Withhold delivery of any pending deliverables until the account is settled

We will provide written notice before taking any of the above actions.

Refunds

Due to the nature of digital services, refunds are generally not provided for services already rendered. For project-based work, refunds may be considered for undelivered milestones at our discretion. Cancellation terms are detailed in Section 6.

4. Intellectual Property

Client-Owned Deliverables

Upon full payment, the following deliverables become the intellectual property of the client:

• Custom website designs and front-end code created specifically for the client
• Brand identity assets, including logos, colour palettes, and typography guidelines
• Original visual content, graphics, and copy created for the client's campaigns
• Custom mobile application code and designs

Arsyk Media Retains Rights To

• Proprietary tools, frameworks, templates, and reusable code libraries used in the delivery of services
• General methodologies, processes, and know-how developed during engagements
• AI models, automation workflows, and system architectures that are not exclusively custom-built for the client

Portfolio Rights

Unless otherwise agreed in writing, Arsyk Media retains the right to showcase completed work in our portfolio, case studies, and marketing materials. If you prefer your project to remain confidential, please let us know before the engagement begins.

Third-Party Assets

Any third-party assets used in deliverables (such as stock images, fonts under licence, or open-source software) remain subject to their respective licence terms. We will inform you of any significant third-party dependencies.

5. Limitation of Liability

To the maximum extent permitted by UAE law:

• Arsyk Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our services, including but not limited to loss of profits, revenue, data, or business opportunities.
• Our total aggregate liability for any claims arising from or related to our services shall not exceed the total fees paid by the client in the three (3) months immediately preceding the event giving rise to the claim.
• We are not responsible for the performance of third-party platforms, including but not limited to social media platforms (Instagram, TikTok, Meta), hosting providers, app stores, or payment processors.
• We do not guarantee specific business outcomes, revenue figures, follower counts, or ranking positions. While we work toward agreed-upon KPIs, results depend on numerous factors beyond our control, including market conditions, client participation, and platform algorithm changes.

Nothing in these Terms excludes or limits liability that cannot be legally excluded, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

6. Termination

Client Termination

You may terminate your service agreement at any time by providing 30 days' written notice via email to hello@arsykmedia.com. Upon termination:

• You will be billed for services rendered up to and including the notice period
• All completed deliverables will be transferred to you (subject to full payment)
• Access to any Arsyk Media-managed systems, automation tools, or accounts will be transitioned or revoked as applicable

Arsyk Media Termination

We reserve the right to terminate a service agreement with 30 days' written notice for any reason. We may terminate immediately if:

• Payment remains outstanding for more than 30 days after the due date
• The client engages in illegal activity or requests services that violate applicable law
• The client materially breaches these Terms and fails to remedy the breach within 14 days of written notice

Effect of Termination

Termination does not affect any rights or obligations that accrued before the termination date. Sections relating to intellectual property, limitation of liability, and governing law survive termination.

7. Client Responsibilities

To ensure successful delivery of our services, you agree to:

• Provide timely access to required accounts, platforms, brand assets, and information
• Respond to approval requests and feedback within reasonable timeframes (typically 3 business days)
• Ensure that all content, materials, and information you provide do not infringe upon any third-party intellectual property rights
• Comply with the terms of service of all platforms where we manage your presence (Instagram, TikTok, Google, etc.)

Delays caused by the client in providing materials or approvals may result in extended timelines and, in some cases, additional charges.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including business strategies, financial data, customer information, and technical specifications. This obligation survives the termination of the service agreement for a period of two (2) years.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai.

In the event of any dispute arising from or in connection with these Terms:

• The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days
• If negotiation fails, the dispute shall be referred to mediation in Dubai under the rules of the Dubai International Arbitration Centre (DIAC)
• If mediation is unsuccessful, either party may pursue resolution through the courts of Dubai, UAE

10. Website Use

When using our website, you agree not to:

• Attempt to gain unauthorised access to our systems, servers, or data
• Use automated tools, bots, or scrapers to access or collect data from our website without permission
• Upload or transmit viruses, malware, or any other harmful content
• Use our website for any illegal or unauthorised purpose
• Reproduce, duplicate, or resell any part of our website without express written consent

11. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify active clients via email.

Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should discontinue use of our services.

12. Contact Information

For questions or concerns about these Terms, please contact us:

• Email: hello@arsykmedia.com
• WhatsApp: +971 50 679 5300
• Website: arsykmedia.com