These Terms of Service (“Terms“) govern your access to and use of the website www.kriswa.ae (the “Website“) and any services provided by Kriswa (“Kriswa“, “we“, “us“, or “our“). By accessing the Website, requesting a quote, or engaging us to provide services, you (“you“, “Client“) agree to be bound by these Terms. If you do not agree, please do not use the Website or engage our services.

1. Definitions

For the purposes of these Terms:

• “Agreement” means these Terms together with any proposal, statement of work, quotation, or written agreement signed between Kriswa and the Client.
• “Deliverables” means the websites, designs, code, content, reports, campaigns, or other outputs produced by Kriswa for the Client.
• “Services” means the digital services provided by Kriswa, as described in Section 2.
• “Third-Party Services” means any platform, API, software, plugin, or service operated by a party other than Kriswa (for example, Google, Meta, hosting providers, analytics tools).

2. Services We Provide

Kriswa is a digital agency offering, among others, the following Services:

• Website design and development;
• Search engine optimization (SEO) and digital marketing;
• Social media management and paid advertising campaigns (including Google Ads and Meta Ads);
• Web hosting, maintenance, monitoring and technical support.

The specific scope, deliverables, milestones and fees for each engagement will be defined in a separate proposal, quotation, or statement of work agreed in writing between Kriswa and the Client.

3. Use of the Website

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use of the Website. You agree not to:

• Attempt to gain unauthorized access to the Website, its servers, or any related systems;
• Use any automated system (including bots, scrapers, or crawlers) to extract data from the Website without our prior written consent;
• Upload or transmit viruses, malicious code, or any content that is unlawful, defamatory, or infringing;
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our prior written permission.

The Website is provided for informational purposes. We do not sell products online through the Website; transactions between Kriswa and Clients take place under separately signed agreements or quotations.

4. Quotes, Proposals & Project Scope

Quotations and proposals issued by Kriswa are valid for the period stated within them, or for thirty (30) days from the date of issue if no period is specified. A binding agreement is formed only when the Client accepts the proposal in writing (including by email) and, where applicable, pays the agreed deposit.

Any work that falls outside the agreed scope (“Out-of-Scope Work“) will require a separate written change request and may be subject to additional fees and revised timelines.

5. Fees and Payment Terms

• Unless otherwise agreed in writing, an upfront deposit (typically 50% of the project fee) is required before work commences.
• The remaining balance is due as set out in the proposal (e.g., upon project completion, milestone delivery, or in monthly installments for ongoing services).
• Invoices are payable within the terms stated on each invoice. Late payments may incur reasonable interest and the suspension of Services.
• All fees are exclusive of applicable taxes (including VAT in the United Arab Emirates), which will be charged in addition where applicable.
• Third-party costs (such as domain registration, hosting fees, ad spend, premium plugins, stock images, or licenses) are not included in our fees unless expressly stated, and remain the responsibility of the Client.

6. Project Timelines, Delays & Client Cooperation

Kriswa will use reasonable efforts to meet the timelines set out in each proposal. However, all timelines are estimates and depend on the timely cooperation of the Client, including the prompt provision of content, feedback, approvals, and access credentials.

If the Client fails to provide required materials or feedback within fifteen (15) business days of a request, Kriswa may pause the project and reschedule delivery dates accordingly. Extended inactivity (over sixty (60) days) may result in the project being closed and any remaining balance becoming due.

7. Revisions and Change Requests

Each proposal will specify the number of revision rounds included. Additional revisions, redesigns, or change requests beyond the agreed scope will be quoted separately and require written approval before being carried out.

8. Client Responsibilities & Materials

The Client is responsible for:

• Providing accurate, complete and lawful information, content, images, and materials required for the project;
• Ensuring it has all necessary rights, licenses, and permissions to use any materials supplied to Kriswa;
• Reviewing deliverables and providing timely feedback and approvals;
• Maintaining secure backups of any content or data the Client supplies or hosts independently;
• Complying with all applicable laws and platform policies (including Google, Meta, and other Third-Party Services).

The Client warrants that any material supplied to Kriswa does not infringe any intellectual property right or applicable law, and the Client agrees to indemnify Kriswa against any claim arising from such material.

9. Intellectual Property

9.1 Final Deliverables

Upon full payment of all fees due, the Client receives a non-exclusive, worldwide, perpetual license (or, where expressly stated in the proposal, ownership) of the final Deliverables produced specifically for the Client, for the purposes set out in the relevant agreement.

9.2 Pre-existing and Background Materials

Kriswa retains ownership of all pre-existing materials, frameworks, code libraries, methodologies, tools and know-how used to create the Deliverables. The Client is granted a non-exclusive license to use such materials only as incorporated into the Deliverables.

9.3 Third-Party Components

Deliverables may include third-party components (e.g., open-source libraries, themes, plugins, stock images) which are licensed under their own terms. The Client agrees to comply with such licenses.

9.4 Portfolio and Promotion

Unless the Client requests otherwise in writing, Kriswa may display the Client’s name, logo, and a description or screenshots of the project in its portfolio, case studies, and marketing materials.

10. Hosting & Maintenance Services

Where Kriswa provides hosting or maintenance services, the following applies:

• Hosting and maintenance plans are billed in advance on a monthly or annual basis, as agreed.
• We will use commercially reasonable efforts to maintain service availability but do not guarantee uninterrupted, error-free operation. Scheduled maintenance windows may apply.
• Backups, updates, and security patches will be performed according to the plan purchased. The Client is responsible for retaining its own backups of critical data where possible.
• Kriswa is not responsible for outages, data loss, or other issues caused by the Client, third-party providers, hacking attempts, or events outside our reasonable control.
• Hosting and maintenance services may be suspended in the event of unpaid invoices, after reasonable notice.

11. Third-Party Services and APIs

Our Services may rely on or integrate Third-Party Services, including but not limited to Google APIs, Google Ads, Google Analytics, Meta platforms, hosting providers, payment gateways, content delivery networks and email providers.

By engaging us, the Client acknowledges and agrees that:

• Use of Third-Party Services is subject to the terms, policies, and privacy notices of the relevant providers, which the Client is responsible for reviewing and complying with;
• Kriswa does not control and is not responsible for the availability, performance, pricing, or behavior of Third-Party Services;
• Where Kriswa configures or accesses Third-Party Services on behalf of the Client (for example, Google Ads accounts, Google Search Console, Meta Business Manager, hosting dashboards, analytics tools), it does so under the authority of the Client and in accordance with the relevant provider’s terms;
• Any data accessed via Third-Party APIs is used solely for the purposes agreed with the Client and in compliance with the applicable provider’s policies (including Google API Services User Data Policy where relevant) and our Privacy Policy.

12. SEO and Digital Marketing

The Client acknowledges that search engine optimization and digital marketing involve techniques whose results depend on factors outside Kriswa’s control, including search engine algorithms, market competition, industry trends, and Client cooperation. Accordingly:

• Kriswa does not guarantee specific rankings, traffic volumes, conversion rates, or revenue outcomes;
• We use only ethical, “white-hat” practices consistent with the published guidelines of major search engines;
• Reports and analytics are provided as agreed in the relevant proposal.

13. Social Media Management and Paid Advertising

• Advertising spend (budget paid to platforms such as Google or Meta) is separate from Kriswa’s management fees and is the responsibility of the Client.
• The Client is responsible for ensuring that products, services, and creative assets advertised comply with applicable laws and the policies of the relevant platforms.
• Kriswa is not liable for the suspension, restriction, or rejection of accounts or campaigns by any third-party platform.
• Where Kriswa is granted access to Client-owned ad or social media accounts, the Client retains ownership of such accounts and the underlying data at all times.

14. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Services, and to use such information solely for the purposes of performing the Agreement. This obligation does not apply to information that is or becomes publicly available without breach, was already lawfully known, or is required to be disclosed by law.

15. Data Protection and Privacy

Kriswa processes personal data in accordance with applicable data protection laws and our Privacy Policy. Where Kriswa processes personal data on behalf of the Client (for example, when managing the Client’s website, CRM, or advertising accounts), the parties shall comply with applicable data protection requirements, and may enter into a separate data processing agreement where required.

16. Warranties and Disclaimers

Kriswa warrants that the Services will be performed with reasonable care and skill, in a professional manner, and in accordance with industry standards.

Except as expressly set out in these Terms, the Website and the Services are provided “as is” and “as available”. To the maximum extent permitted by applicable law, Kriswa disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Services will be uninterrupted or error-free.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

• Kriswa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, even if advised of the possibility of such damages;
• Kriswa’s total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by the Client to Kriswa for the specific Services giving rise to the claim during the twelve (12) months preceding the event that caused the liability;
• Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded under applicable law.

18. Indemnification

The Client agrees to indemnify, defend, and hold harmless Kriswa, its directors, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of: (a) the Client’s breach of these Terms; (b) the content or materials supplied by the Client; (c) the Client’s use of any Third-Party Services; or (d) the Client’s violation of any law or third-party right.

19. Term and Termination

These Terms apply from the moment you access the Website or engage our Services and continue until terminated. Either party may terminate an engagement for material breach by the other party that is not cured within fifteen (15) business days of written notice.

On termination:

• The Client will pay for all Services performed and expenses incurred up to the effective termination date;
• Kriswa will deliver any work-in-progress for which payment has been received, where reasonably possible;
• Provisions which by their nature are intended to survive termination (including intellectual property, confidentiality, limitation of liability, and governing law) will continue to apply.

20. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including natural disasters, acts of government, war, civil unrest, pandemics, internet or telecommunications failures, or interruptions of Third-Party Services.

21. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates and, where applicable, the laws of the Emirate of Dubai. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates, unless otherwise required by mandatory law.

22. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. The updated Terms will be posted on this page with a new “Last updated” date. Material changes will be communicated where reasonably possible. Your continued use of the Website or our Services after the effective date constitutes acceptance of the revised Terms.

23. Contact Information

If you have any questions about these Terms, please contact us:

• Kriswa
• Website: www.kriswa.ae
• Contact page: www.kriswa.ae/contact