Terms and Conditions

By accessing and using the services provided by Tarqeyah ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and Tarqeyah. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced herein.

Tarqeyah provides comprehensive digital solutions including but not limited to:

All services are provided based on mutually agreed contracts and specifications. The scope, timeline, and deliverables for each project will be clearly defined in the service agreement.

3.1 General Payment Terms

All payments must be made in the currency specified in the contract. We accept payments via bank transfer, credit card, or other methods as agreed upon. All prices are exclusive of applicable taxes unless otherwise stated.

3.2 Development and Branding Services Payment Structure

For App Development, Web Development, System Development, and Branding services:

3.3 Other Services Payment Terms

For all other services including Digital Marketing (except Social Media Management), Visual Production, Photography, Videography, and one-time projects:

• 100% payment in advance before service commencement
• Payment terms may be negotiated and will be clearly stated in the contract/invoice

3.4 Social Media Management Payment Terms

Social Media Management services are offered on a contract basis with the following terms:

3.5 Late Payment Policy

Late payments will incur a fee of 2% per month on the outstanding amount. Services may be suspended if payment is overdue by more than 15 days. We reserve the right to terminate services for accounts overdue by more than 30 days.

3.6 Additional Work and Scope Changes

Any functionality, features, or work that falls outside the agreed scope of work will require additional payment. All additional work must be approved in writing with cost estimates before commencement.

4.1 Reasons for No Refund Policy

• Custom Nature of Services: All our services are customized to meet specific client requirements and involve significant resource allocation from project initiation.
• Resource Commitment: Once a project begins, we allocate dedicated team members, time, and resources that cannot be recovered.
• Intellectual Work: Our services involve intellectual property creation and strategic planning that begins immediately upon contract signing.
• Third-Party Costs: Many projects involve non-refundable third-party services, licenses, and tools purchased specifically for your project.

4.2 No Exceptions

This no-refund policy applies regardless of:

• Change in business requirements or priorities
• Dissatisfaction with the services (disputes should be resolved through our revision process)
• Budget constraints or financial difficulties
• Change of mind after project commencement
• Delays caused by client-side dependencies

4.3 Client Protection

While we maintain a no-refund policy, we ensure client satisfaction through:

• Detailed project scoping and agreement before commencement
• Regular progress updates and milestone reviews
• Revision rounds as specified in the contract
• Clear communication channels throughout the project
• Professional project management and quality assurance

5.1 Binding Agreements

All work undertaken by Tarqeyah is governed by formal contracts that outline the scope of work, timelines, deliverables, and payment terms. These contracts are legally binding upon signature by both parties.

5.2 Contract Components

Every contract includes:

• Detailed scope of work and deliverables
• Project timeline and milestones
• Payment schedule and terms
• Revision and change request policy
• Intellectual property rights transfer conditions
• Confidentiality and non-disclosure agreements
• Termination clauses
• Dispute resolution procedures

5.3 Contract Modifications

Any changes to the original contract scope must be documented in writing and may result in additional costs and timeline adjustments. Change requests are evaluated based on their impact on the project and require mutual agreement.

5.4 Client Obligations

Clients are obligated to:

• Provide timely feedback and approvals
• Supply all necessary content, materials, and access
• Adhere to payment schedules
• Assign a dedicated point of contact
• Respect project timelines and deadlines

6.1 AMC Overview

Our Annual Maintenance Contract ensures your digital assets remain secure, updated, and performing optimally. AMC is mandatory for the first year after project delivery and highly recommended thereafter.

6.2 AMC Includes

6.3 AMC Terms

• AMC is billed annually in advance
• First-year AMC is mandatory for all development projects
• AMC renewal notices are sent 30 days before expiry
• Non-renewal may result in additional charges for future support
• Emergency support outside AMC is charged at premium rates

6.4 AMC Exclusions

The following are not covered under standard AMC:

• Major feature additions or redesigns
• Third-party API changes requiring code modifications
• Damage due to hacking, if client hasn't followed security recommendations
• Issues arising from unauthorized modifications
• Training and consultation beyond specified hours

7.1 Ownership and Source Code

All intellectual property rights in the deliverables shall remain with Tarqeyah until full payment is received. Upon full payment, ownership of the agreed deliverables transfers to the client, except for:

• Pre-existing intellectual property of Tarqeyah
• Third-party components and libraries
• Proprietary methodologies and frameworks
• Generic code modules and templates

7.2 License Grant

Upon full payment, the client receives a non-exclusive, perpetual license to use the deliverables for their intended purpose. This license does not include the right to resell, redistribute, or sublicense the deliverables without written consent.

7.3 Client-Approved Content

Tarqeyah is not liable for any content that is created, written, photographed, or produced as part of our services, as all content undergoes client approval before publication. This includes but is not limited to:

• Written content and posts
• Photography and videography concepts
• Video and image edits
• Website content and design
• Marketing materials
• Product listings and descriptions

7.4 Confidentiality

Both parties agree to maintain confidentiality regarding proprietary information shared during the project. This obligation survives the termination of the agreement.

7.5 Portfolio Rights

Tarqeyah reserves the right to showcase completed work in its portfolio and marketing materials unless specifically prohibited in writing by the client.

8.1 General Limitations

To the maximum extent permitted by law, Tarqeyah shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

8.2 Maximum Liability

In no event shall Tarqeyah's total liability exceed the amount paid by the client for the specific service giving rise to the claim, regardless of the form of action.

8.3 Exclusions

Tarqeyah is not liable for:

• Delays or failures due to force majeure events
• Client's failure to provide necessary materials or feedback
• Third-party service disruptions
• Unauthorized access due to client's security negligence
• Loss of data not backed up by the client
• Any content approved by the client before publication
• Payment transaction issues on e-commerce platforms
• Legal issues arising from client-approved content or products

8.4 Indemnification

The client agrees to indemnify, defend, and hold harmless Tarqeyah, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Client's breach of these terms or any agreement with Tarqeyah
• Client's violation of any laws, regulations, or third-party rights
• Content provided, approved, or published by the client
• Unauthorized use of the deliverables
• Any products or services sold through platforms we develop
• Client's business operations and decisions
• Any claims related to content that was approved by the client
• Tax obligations related to client's business
• Intellectual property infringement claims related to client-provided content
• Any false or misleading information provided by the client

9.1 Termination by Tarqeyah

Tarqeyah may terminate any agreement with 30 days written notice to the client for any reason, including but not limited to:

• Client's breach of contract terms
• Non-payment or delayed payments
• Unreasonable demands or behavior
• Strategic business decisions

9.2 Termination by Client

If the client wishes to terminate the agreement:

• The client must pay the full remaining balance of the contract
• Alternatively, the client may negotiate with management for a settlement percentage
• Any negotiated settlement requires written approval from Tarqeyah management
• No work or deliverables will be provided until settlement is paid in full

9.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• Work completed up to termination date remains property of Tarqeyah until paid
• Client forfeits any prepaid amounts (no refunds)
• Tarqeyah will provide work completed up to termination upon payment
• Confidentiality obligations survive termination
• Client must immediately cease using any Tarqeyah proprietary tools or platforms

9.4 Financial Obligations Upon Termination

In case of termination, the client remains liable for:

• All work completed to date at the agreed rates
• Any committed resources and third-party costs incurred
• The full contract value unless a different settlement is agreed in writing
• Any outstanding AMC fees for the mandatory first year

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain, without regard to its conflict of law provisions. The parties agree that the courts of the Kingdom of Bahrain shall have exclusive jurisdiction over any disputes arising from these Terms.

10.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good faith negotiations. If unsuccessful, disputes shall be submitted to the competent courts in the Kingdom of Bahrain. All legal proceedings shall be conducted in accordance with Bahraini law.

10.3 Legal Compliance

Both parties agree to comply with all applicable laws and regulations of the Kingdom of Bahrain. The client is solely responsible for ensuring their business operations and content comply with local laws.

10.4 Amendments

Tarqeyah reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified Terms.

10.5 Severability

If any provision of these Terms is found to be unenforceable under Bahraini law, the remaining provisions shall continue in full force and effect.

10.6 Entire Agreement

These Terms, together with any signed contracts, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

10.7 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

10.8 Language

These Terms are provided in both English and Arabic. In case of any discrepancy, the English version shall prevail for interpretation purposes.

For questions about these Terms and Conditions, please contact us: