Terms of Service
Last updated: January 15, 2025
1. Introduction
Welcome to NERDSEY. These Terms of Service ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services.
2. Acceptance of Terms
By accessing or using NERDSEY's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy. These Terms constitute a legally binding agreement between you and NERDSEY.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
3. Services Description
NERDSEY provides comprehensive digital marketing services, including but not limited to:
- Quick Win Solutions: Social media growth, paid advertising campaigns, SEO, email marketing, and website optimization
- Tier-Based Services: Tailored service packages from Startup Foundation to Enterprise Domination
- Enterprise Solutions: Custom digital transformation, full-service agency partnerships, international expansion, and technology integration
- Consulting & Strategy: Marketing audits, growth strategy development, and performance optimization
- Content Services: Content creation, brand development, and digital asset production
The specific scope, deliverables, and pricing for Services will be detailed in separate service agreements, proposals, or statements of work.
4. User Accounts
4.1 Account Registration
To access certain Services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use or security breach
4.2 Account Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
5. Payment & Billing
5.1 Pricing
Service pricing is specified in your service agreement, proposal, or on our website. All prices are quoted in United States Dollars (USD) or United Arab Emirates Dirhams (AED) and are subject to applicable taxes.
5.2 Payment Terms
- Invoicing: Invoices will be issued according to the agreed payment schedule (monthly, quarterly, or project-based)
- Payment Due: Payment is due within 14 days of invoice date unless otherwise specified
- Payment Methods: We accept bank transfers, credit cards, and other payment methods as specified
- Late Payments: Late payments may incur a 2% monthly interest charge and may result in service suspension
- Deposit Requirements: Certain services may require an upfront deposit of 30-50% before commencement
5.3 Refunds & Cancellations
Refund policies vary by service type:
- One-Time Services: Deposits are non-refundable; partial refunds may be considered for incomplete work
- Subscription Services: Cancellations require 30 days written notice; no refunds for partial months
- Ad Spend: Third-party advertising costs (Google Ads, Meta Ads) are non-refundable
- Custom Projects: Refund eligibility depends on project stage and deliverables completed
5.4 Price Changes
We reserve the right to modify our pricing with 60 days written notice. Price changes will not affect existing service agreements unless mutually agreed upon.
6. Intellectual Property
6.1 NERDSEY Intellectual Property
All content, features, and functionality on our website and in our Services, including but not limited to text, graphics, logos, images, software, and design, are owned by NERDSEY or our licensors and are protected by international copyright, trademark, and other intellectual property laws.
6.2 Client Materials
You retain all rights to materials you provide to us ("Client Materials"). By providing Client Materials, you grant NERDSEY a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Materials solely to provide the Services.
6.3 Work Product
Ownership of deliverables created during service provision ("Work Product") will be specified in your service agreement. Generally:
- Upon full payment, you receive ownership of final deliverables
- NERDSEY retains ownership of methodologies, templates, and proprietary tools
- NERDSEY may use completed work in our portfolio with your consent
- Third-party licenses (stock photos, fonts, software) remain with respective owners
6.4 Portfolio & Case Studies
We may feature your company name, logo, and project results in our portfolio, case studies, and marketing materials unless you explicitly opt out in writing.
7. User Responsibilities
When using our Services, you agree to:
- Provide accurate and complete information required for service delivery
- Respond to our communications in a timely manner
- Grant necessary access to platforms, accounts, and tools
- Provide feedback and approvals within agreed timeframes
- Comply with all applicable laws and regulations
- Not use our Services for illegal, harmful, or fraudulent purposes
- Not attempt to reverse engineer, decompile, or extract our proprietary tools
- Not interfere with or disrupt our Services or servers
- Respect intellectual property rights of NERDSEY and third parties
8. Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue any aspect of our Services at any time
- Update features, functionality, or service offerings
- Perform scheduled maintenance (with advance notice when possible)
- Implement new technologies or methodologies
We will make reasonable efforts to notify you of significant changes that may affect your active service agreements.
9. Termination
9.1 Termination by Client
You may terminate Services by providing written notice according to your service agreement. Termination terms typically include:
- 30-60 days written notice for ongoing services
- Payment for all work completed up to termination date
- No refunds for pre-paid periods unless specified in agreement
- Orderly transition of accounts and assets
9.2 Termination by NERDSEY
We may terminate or suspend your access to Services immediately if:
- You breach these Terms or your service agreement
- Payment is overdue by more than 30 days
- You engage in fraudulent, illegal, or abusive behavior
- Continuation would cause legal or reputational harm to NERDSEY
- You provide false or misleading information
9.3 Effect of Termination
Upon termination: (a) your right to use the Services ceases immediately, (b) you must pay all outstanding fees, (c) we will provide final deliverables for completed work, (d) we may delete your data after a reasonable retention period, and (e) provisions that by nature should survive will continue (payment obligations, intellectual property, limitation of liability).
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- NERDSEY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION
- OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
- WE DO NOT GUARANTEE SPECIFIC RESULTS FROM OUR MARKETING SERVICES
- WE ARE NOT LIABLE FOR THIRD-PARTY PLATFORM CHANGES (GOOGLE, META, ETC.)
No Guarantees
Marketing results depend on numerous factors beyond our control, including market conditions, competition, budget, product quality, and platform algorithm changes. While we strive for excellence, we do not guarantee specific rankings, traffic volumes, conversion rates, or revenue outcomes.
11. Indemnification
You agree to indemnify, defend, and hold harmless NERDSEY, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of our Services
- Your breach of these Terms
- Your violation of any laws or third-party rights
- Client Materials you provide that infringe intellectual property rights
- Your products, services, or business practices
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai, without regard to conflict of law principles.
For clients based outside the UAE, local consumer protection laws may apply where they cannot be excluded by agreement.
13. Dispute Resolution
13.1 Informal Resolution
Before pursuing formal dispute resolution, parties agree to attempt good-faith negotiations for at least 30 days.
13.2 Arbitration
Any dispute that cannot be resolved through negotiation shall be settled by arbitration in Dubai, UAE under the rules of the Dubai International Arbitration Centre (DIAC). The arbitration shall be conducted in English.
13.3 Jurisdiction
Subject to the arbitration clause above, the courts of Dubai, UAE shall have exclusive jurisdiction over any disputes.
14. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the business relationship. This includes:
- Business strategies and marketing plans
- Financial information and pricing
- Technical data and methodologies
- Customer lists and business relationships
Confidentiality obligations survive termination of the service relationship.
15. Force Majeure
NERDSEY shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, government actions, internet service failures, or third-party platform outages.
16. Entire Agreement
These Terms, together with your service agreement, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and NERDSEY regarding the Services and supersede all prior agreements and understandings.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
18. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. NERDSEY's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. NERDSEY may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
20. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Updating the "Last Updated" date
- Sending email notification for significant changes
Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of our Services.
21. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us:
NERDSEY
Email: [email protected]
Phone: +971 52 925 2489
Address: Dubai, United Arab Emirates
Website: www.nerdsey.com