Terms & Conditions

1. Definitions and interpretation

In these Conditions the following definitions apply:

In these Conditions, unless the context requires otherwise:

1. 1. a reference to the Contract includes these Conditions, the Order, and their respective schedules, appendices and annexes (if any).
   2. any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions.
   3. a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns.
   4. a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
   5. a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established.
   6. a reference to a gender includes each other gender.
   7. words in the singular include the plural and vice versa.
   8. any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
   9. a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form.
   10. a reference to legislation is a reference to that legislation as in force at the date of the Contract.
   11. a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.

2. application of these conditions
   1. These Conditions apply to and form part of the Contract between writefully FZ-LLC and you, the Client. They supersede any previously issued terms and conditions of purchase or supply.
   2. By using this Site, you signify your acceptance of these Conditions. If you do not agree to these terms, please do not use our Site. Your continued use of the Site following the posting of changes to these terms and conditions will be deemed your acceptance of those changes.
3. ordering your content
   1. writefully FZ-LLC will provide a Content Creation service where Customers can place Orders via its website or via email.
   2. The Customer will either create its own content bundle by choosing from writefully FZ-LLC suite of content and by placing an Order at the checkout point, or following a sales call and confirming package via email.
   3. The Customer will place an Order on the site or via email.  You must read and check your Order carefully, correcting any errors. before submitting it as on submission of your Order you will be entering a binding agreement with writefully FZ-LLC.
   4. changes to Order: 
      1. once an Order is started, our management staff will commence the process to ensure your Order is managed timely and efficiently
      2. The Customer will not be able to make any changes to the Order 24 hours after submission, or after the project has been assigned to or started by a writer. This includes (but is not limited to) putting the Order on hold, redirection of the content or topic, and supplying additional information.
      3. The terms of the agreement can only be varied by the written agreement of the parties. Similarly, an Order shall be binding unless expressly agreed in writing by the parties and signed by an authorised signatory on behalf of each of writefully FZ-LLC and the Customer respectively.
   5. client approval: 
      1. The Client is responsible for the final approval of the content(s) Ordered. This includes any copy, design, typesetting, photography, and any other related requirements) necessary for the completion of the work. 
      2. writefully FZ-LLC will forward the completed contents to the Client who must approve the work in writing within 14 days of delivery.  Approval of content will either be in writing or within our online approval system.   If the Client does not approve the content within the 14 days’ timeline after delivery, writefully FZ-LLC will automatically approve on the Client’s behalf.   
      3. Upon acceptance and approval of the work, the Client will accept responsibility for any further processes in which this work is used.   writefully FZ-LLC will not be responsible for errors occurring in the content once it has been approved either by the client or by its system.
      4. each Order submitted by the Customer to writefully FZ-LLC will be an offer to purchase Services subject to the Contract including these Conditions
      5. If the writefully FZ-LLC is unable to accept an Order, it shall notify the Customer in writing within 24 hours of receipt of the Order  
      6. marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract
4. price
   1. writefully FZ-LLC offers three types of pricing structure:
      1. pay as you go – that is you pay at the checkout or via invoice for what you purchase
      2. writefully FZ-LLC’s flexible monthly subscription service
      3. for a specific thought leadership package
   2. The price for our content or packages is displayed on writefully FZ-LLC website and will be set out in the Order when you choose your required content.  A final Order price is calculated and displayed at checkout before submission (the Price) or detailed via email in the form of a project overview. Work will commence within 24 hours of the payment.
   3. the prices are inclusive of VAT (or equivalent sales tax) which the Customer will pay to writefully FZ-LLC on submission of the Order and payment at the checkout or via invoice
   4. writefully FZ-LLC may increase the Prices at any time without notice
5. payment
   1. for content ordered via the website; The Customer will pay for the Services in full on submission of the Order at checkout or by monthly subscription as agreed with writefully FZ-LLC. Work will not be started until the order has been placed and payment has been processed.
   2. for orders agreed via email, a payment terms will be agreed and invoices issued accordingly
   3. customers who pay by monthly subscription will pay at the beginning of each month on receipt of our invoice
   4. writefully FZ-LLC will be using a third party payment processor and will not be holding any Clients’ payment details
   5. the Client may cancel its monthly subscription service at any time, but any outstanding monies owed to writefully FZ-LLC must be paid to it in full prior to closing your account
6. performance  
   1. writefully FZ-LLC will provide creative and impactful content bundles or individual pieces of content in an efficient and timely manner as specified in the Order
   2. the Client must approve the work in writing within 14 days of delivery
   3. the Services will be deemed performed and completed on the Client’s approval within 14 days of delivery of the work and as specified in these terms
7. delivery
   
   1. on completion of the Order, writefully FZ-LLC will send the Client the final files via Monday.com and/or email in a Google Drive folder or any other format approved by writefully FZ-LLC
   2. the Client will be assigned a lead contact who will be the primary contact between the company and the Client and who will be responsible for the Order through to completion
   3. client delays in approving its content may impact its schedule and writefully FZ-LLC will not be responsible for any such delay and the consequences resulting therefrom
8. content revisions
   1. any content not provided by the Client on the initial Order form/project overview will be considered new content and will incur an additional charge
   2. writefully FZ-LLC will revise your content a maximum of two times for free if the revision is requested within 14 days of the Order being delivered. Any further revision will be charged a fee determined by writefully FZ-LLC prior to agreeing the revision.  
   3. the Client must allow at least 48 hours for each revision to be performed
   4. all revisions are limited to content derived from the information provided by the Client on the original Order form or copy brief. A fee will be charged for any revision request made due to a lack of information or misinformation provided by the Client on its initial Order form. 
   5. any content revision requested by Clients outside of the 14 day approval period will be charged 20% of the initial Order fee
9. refund Policy

   Refunds are not available for services or content that have already commenced, including the briefing process. We strive to ensure customer satisfaction, and any concerns or issues will be addressed promptly through effective communication and resolution strategies. This policy is designed to account for the time, effort, and resources invested in initiating and progressing with a project

10. warranty
    1. writefully FZ-LLC warrants that at the time of performance, the Services shall:
       1. conform in all material respects to their description and Order specification
       2. be free from material defects
       3. be performed with reasonable care and skill
    2. the Customer warrants that it has provided writefully FZ-LLC with all relevant, full and accurate information as to the Customer’s requirements as specified in the Order
    3. the provisions of these Conditions shall apply to any Services that are remedied or re-performed with effect from performance of the remedied or re-performed Services
11. intellectual property

    copyright: the Client will own the copyright in full upon completion of the work. writefully FZ-LLC will not request publishing rights or the resale of the Client’s content to anyone.

12. confidentiality and announcements
    1. writefully FZ-LLC will sign your company’s NDA if required to do so
    2. writefully FZ-LLC shall keep confidential all Confidential Information of the Client and of its Affiliates and shall only use the same as required to perform the Contract. The provisions of this clause shall not apply to:
       1. any information which was in the public domain at the date of the Contract
       2. any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement
       3. any information which is independently developed by writefully FZ-LLC without using information supplied by the Client; or
       4. any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract
    3. this clause shall remain in force in perpetuity
    4. the Client will not make any public announcement or disclose any information regarding the Contract, except to the extent required by law or regulatory authority
    5. writefully FZ-LLC do not authorise, and employees are not permitted to release their personal details to Clients except in exceptional circumstances with the written approval of all parties – namely writefully FZ-LLC, Client and the writer concerned
    6. to the extent any Confidential Information is Protected Data (as defined above) such Confidential Information may be disclosed or used only to the extent such disclosure or use is in compliance with and does not conflict with any of the provisions of this agreement
    7. the Customer and its Affiliates will not, during the term of this Agreement or for a period of [five] years from the Order approval date, whichever is the shorter, solicit or entice away from writefully FZ-LLC or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or sub­ contractor of writefully FZ-LLC in the provision of the Services
13. processing of personal data

    We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

14. personal identification information
    1. We may collect the following personal identification information: Name, Email, Address, Phone Number from Users in multiple ways, including, but not limited to when Users visit our site, place their order, subscribe to our newsletter, chat with us, and in connection with other activities, services, features or resources made available on our Site. This method will always be with the Users’ knowledge and at the Users’ request.
    2. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us.
15. force majeure

Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from Force Majeure. The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure event continues for a continuous period of more than 30 days, [the party not affected OR either party] may terminate the Contract by written notice to the other party.

16. cumulative remedies

The rights and remedies provided in the Contract for writefully only are cumulative and not exclusive of any rights and remedies provided by law.

17. entire agreement
    1. The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
    2. Nothing in these Conditions purports to limit or exclude any liability for fraud.
18. no partnership or agency

The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.

19. severance
    1. if any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected
    2. if any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in Order to agree the terms of a mutually acceptable alternative provision.
20. compliance with law

the Client shall comply with Applicable Law and shall maintain such licences, authorisations and all other approvals, permits and authorities as are required from time to time to perform its obligations under or in connection with the Contract

21. conflicts within contract

if there is a conflict between the terms contained in the Conditions and the terms of the Order, schedules, appendices or annexes to the Contract, the terms of the Conditions shall prevail to the extent of the conflict.

22. costs and expenses

The Customer shall pay its own costs and expenses incurred in connection with the negotiation, preparation, signature and performance of the Contract (and any documents referred to in it).

23. governing law and jurisdiction

any dispute, difference, controversy or claim arising out of or in connection with the Contract, including (but not limited to) any question regarding the existence, validity, interpretation, performance, discharge and applicable remedies of the underlying contract in dispute, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”)

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