Welcome to HATCHTECHS, a provider of digital transformation services. These Terms of Service ("Terms") constitute a legal agreement between you ("Client" or "you") and HATCHTECHS ("we," "our," or "us"). By engaging or using our services, products, or website, you agree to adhere to and be bound by these Terms. Please read them carefully before engaging our services. If you do not agree with these Terms, you should not continue using our services.
These Terms are regulated by the applicable laws of the United Arab Emirates ("UAE"), particularly those related to electronic commerce, data protection, and other relevant legal frameworks.
HATCHTECHS provides digital transformation services, including but not limited to software development, brand optimization, cloud solutions, data analytics, IT consulting, system integration, and other technology solutions (collectively referred to as "Services"). The specials of the Services provided, including outcomes, timelines, and expenditures, will be highlighted in separate service agreements or project contracts ("Service Contracts") between HATCHTECHS and the Client.
By accessing our Services or signing a Service Contract, the Client agrees to be under obligation by these Terms and any additional terms specified within the Service Contract. In the event of any inconsistency between these Terms and the Service Contract, the terms determined in the Service Contract will prevail.
HATCHTECHS reserves the right to modify these Terms at any time. Any changes will be authorized via our website or through other appropriate channels. The updated Terms will take effect upon their posting on our website. Continued use of the Services after such modifications constitutes the Client's acceptance of the revised Terms.
5.1. Accurate Information: The Client agrees to provide accurate, complete, and up-to-date information as required for the provision of Services. 5.2. Access and Cooperation: The Client shall provide timely access to necessary systems, data, and personnel required by HATCHTECHS to deliver the Services. The Client acknowledges that any delay or failure to provide such access may impact the project timeline and deliverables. 5.3. Compliance: The Client agrees to conform with all applicable laws, including but not limited to, UAE data protection laws, intellectual property laws, and other regulatory requirements.
6.1. Pricing: Service Charges will be outlined in the Service Contract. Unless otherwise stated, all fees are in AED (UAE Dirhams) and not subject to VAT but will be charged at the prevalent rate. 6.2. Payment Terms: Payment terms, including due dates, will be outlined in the Service Contract. Default or failure to make the payments within the agreed terms may result in suspension of Services, and HATCHTECHS reserves all rights to collect late fees. 6.3. Non-Refundable Fees: Unless otherwise specified in the Service Contract, all payments made to HATCHTECHS are non-refundable. 6.4. Disputes: Any billing disputes must be reported in writing within 30 days of receipt of the invoice. Failure to notify HATCHTECHS within this period shall result in the waiver of any claim related to the disputed amount.
7.1. Ownership: All intellectual property, including software, methodologies, algorithms, and tools created or developed by HATCHTECHS during the course of providing Services, shall remain the property of HATCHTECHS unless expressly agreed otherwise in the Service Contract. 7.2. Licenses: HATCHTECHS grants the Client a non-exclusive, non-transferable license to use any software or deliverables provided as part of the Services for internal purposes only. The Client shall not sublicense, sell, or distribute the deliverables without the prior written consent of HATCHTECHS. 7.3. Third-Party Software: Any third-party software utilized in connection with the Services is subject to the applicable third party's license terms. HATCHTECHS shall have no responsibility for any third-party software or services not specified in this Agreement.
8.1. Definition: "Confidential Information" means any non-public, proprietary information, whether in written, oral, or electronic form, disclosed by one party to the other, including business strategies, customer data, financial information, and trade secrets. 8.2. Obligation: Both HATCHTECHS and the Client agree to protect the discretion of such information and not to divulge it to any third party without preliminary written consent of the disclosing party. This obligation shall continue for three (3) years after the termination of the Services. 8.3. Exceptions: Confidential Information does not include information that (i) is publicly known through no breach of this agreement, (ii) is received from a third party without a breach of confidentiality, or (iii) is independently developed to preclude the use of or reference to the other party's Confidential Information.
HATCHTECHS is committed to protecting the personal data of its clients and their customers in accordance with UAE data protection laws. The Client agrees to HATCHTECHS's data privacy policy, which outlines how data is collected, used, and protected. HATCHTECHS will implement reasonable security measures to safeguard the confidentiality and integrity of personal data processed as part of the Services.
10.1. Performance Warranty: HATCHTECHS warrants that the Services will be performed in a professional and workmanlike manner. In the event of any non-conformance, HATCHTECHS shall, at its discretion, re-perform or correct the non-conforming Services or issue a refund for the applicable fees paid. 10.2. No Other Warranties: Except as expressly stated, HATCHTECHS makes no other warranties, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.1. Exclusion of Damages: To the extent permitted by law, HATCHTECHS shall not be accountable for any indirect, incidental, special, consequential, or compensatory damages, including but not deficient, loss of profits, loss of data, or business interruption, arising out of or related to the Services. 11.2. Liability Cap: The total aggregate liability of HATCHTECHS for any claims arising out of or related to the Services shall be exclusive for the total charges paid by the Client for the Services during the six (6) months prior to the event effecting the claim.
12.1. Termination for Convenience: Either party may terminate the Service Contract upon thirty (30) days' written notice. In such cases, the Client shall pay for all Services rendered up to the date of termination. 12.2. Termination for Cause: HATCHTECHS may terminate the Service Contract immediately if the Client breaches any material term of these Terms or the Service Contract, including failure to make timely payments, or if HATCHTECHS reasonably believes the Client is using the Services unlawfully. 12.3. Effects of Termination: Upon termination, the Client shall cease using any licensed software or deliverables and return or destroy any Confidential Information belonging to HATCHTECHS.
Neither party shall be liable for delays or failures to perform its commitments under these Terms if such an extension or failure is caused by an event beyond the reasonable control of the party, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, and governmental actions.
14.1. Governing Law: These Terms and any disputes emerging out of or related to them shall be governed by the laws of the UAE. 14.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service Contract shall be resolved amicably between the parties. If the parties cannot reach an amicable solution, the dispute shall be settled through arbitration in compliance with the rules of the Dubai International Arbitration Centre (DIAC). The decision of the arbitrator shall be final and binding.
15.1. Assignment: The Client shall not assign, transfer, or sublicense any of its rights under these Terms without the prior written consent of HATCHTECHS. 15.2. Severability: If any provision of these Terms is found to be infirm or unenforceable, the remaining provisions will continue in full force and effect. 15.3. Entire Agreement: These Terms, together with any Service Contract, constitute the entire agreement between the Client and HATCHTECHS regarding the Services and supersede any prior or contemporaneous agreements, communications, and understandings, whether documented or verbal.
For any questions or concerns about these Terms, feel free to contact us at HATCHTECHS [Plot No: JLT-PH2-RET-O5, Jumeirah Lakes Towers, Dubai, United Arab Emirates]
[Inqueries@hatchtechs.com] [+971 50 673 8368]
By engaging in our Services, the Client consent that they have read, acknowledged, and agreed to be bound by these Terms of Service.
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