Terms & Conditions

These terms & conditions contained herein on this webpage shall govern your use of this website, including all pages within this website. These terms apply in full force and effect to your use of this website and by using this website, you expressly accept all terms and conditions contained in this website. You must not use this website or the services provided if you have any objection to any of these terms & conditions.

These are the terms that apply when you are using our website.

Who We Are and How to Contact Us

The sales & marketing guy is a company incorporated in the United Arab Emirates. Our registered address is Regal Tower, Business Bay, Dubai, United Arab Emirates. If you wish to contact us, please do so by email hello@thesalesandmarketingguy.com.

By Using Our Website, You Accept These Terms

By using this website, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

There May Be Other Terms That Apply to You.

Please note there may be other terms that apply to you. If you engage with us in the provision of products/services, our business terms and conditions may also apply to you.

We May Make Changes to the Terms of This Policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand those terms that apply at that time.

We May Suspend or Withdraw Our Website

We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.

How You May Use Material on Our Website

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. All material produced on our website is protected by global copyright laws and treaties. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged. You must not use any part of the content on our website for commercial purposes without obtaining a license to do so from us.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website or our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do Not Rely on the Information on This Website

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

Do Not Rely on the Information on This Website

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

We Are Not Responsible for Websites We Link To

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

Our Liability to You

We acknowledge that there are legal and ethical boundaries that govern our liability to you. We do not seek to exclude or limit our liability where such exclusion or limitation would be unlawful. This commitment encompasses situations involving death or personal injury resulting from our negligence, the negligence of our employees, agents, or subcontractors, and instances of fraud or fraudulent misrepresentation.

It’s important to note that specific limitations and exclusions of liability apply to situations arising from the provision of our services to you. For detailed information, we advise referencing our terms of engagement for comprehensive insights.

We explicitly disclaim all implied conditions, warranties, representations, or other terms that may otherwise apply to our website or its content. Regardless, we want to make clear that we shall not be held liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise. This extends to situations such as:

Use of, or inability to use, our website; or Use of or reliance on any content displayed on our website.

In particular, our liability does not extend to:

  • Loss of profits, sales, business, or revenue;
  • Business interruption;
  • Loss of anticipated savings;
  • Loss of business opportunity, goodwill, or reputation; or
  • Any indirect or consequential loss or damage.

How We May Use Your Personal Information

For details regarding the use of your personal information, please refer to our privacy policy. We are committed to handling your data with utmost care and transparency, and our privacy policy outlines the specifics of how your personal information is collected, processed, and protected. If you have any concerns or queries about your privacy, we encourage you to review our privacy policy or contact us for further clarification.

Disclaimer Regarding Viruses and Unauthorized Activities

We want to emphasize that while we strive to maintain the security of our website, we cannot guarantee its absolute freedom from bugs or viruses. It is your responsibility to configure your information technology, computer programs, and platform to safely access our website. We strongly recommend using reliable virus protection software as an additional layer of security.

To ensure the integrity of our platform, we explicitly state that you must not engage in any activities that could introduce viruses, trojans, worms, logic bombs, or any other malicious or technologically harmful materials. Any attempt to gain unauthorized access to our website, the server hosting our website, or any connected server, computer, or database is strictly prohibited.

In the event of any breach of these terms, including but not limited to knowingly introducing harmful elements or attempting unauthorized access, we reserve the right to report such breaches at our discretion to relevant law enforcement authorities. We are committed to cooperating fully with these authorities, including disclosing your identity if necessary. Any violation of these terms will result in the immediate cessation of your right to use our website. Your cooperation in maintaining a secure online environment is crucial for the benefit of all users.

Guidelines for Linking to Our Website

You are welcome to link to our home page, provided that you do so fairly and legally that does not harm our reputation or exploit it. Any link you establish mustn’t imply any form of association, approval, or endorsement from us if none exists.

Please note the following:

You are not allowed to create a link to our website on any site that is not owned by you.

Framing our website on any other website is strictly prohibited.

The only permissible link is to our home page; linking to any other part of our website requires prior permission.

We reserve the right to withdraw linking permission without prior notice.

If you intend to link to or use any content on our website beyond the specified conditions, please get in touch with us at …………………………….. for further discussion.

Governing Laws and Dispute Resolution

These terms, their subject matter, and formation are governed by the laws of the emirate of Dubai, without giving effect to any choice or conflict of law provision or rule. In the event of any dispute, difference, controversy, or claim arising from or related to this License, including questions about its existence, validity, interpretation, performance, discharge, and applicable remedies, the exclusive jurisdiction lies with the Courts of Dubai.

While we maintain the right to initiate legal proceedings against you for breaching these terms in your jurisdiction of residence or any other relevant jurisdiction, you agree to waive any objections to the jurisdiction and venue of the courts in Dubai. This ensures a clear understanding of the legal framework governing our relationship.

1. Costs and Additional Charges:

In the course of delivering our services, we may encounter various disbursements, governmental charges, and payments to third parties. In such instances, the invoice related to disbursements from third parties should be under the client’s name. By engaging our services, you acknowledge that these charges and expenses constitute your sole liability and are not included in the initially quoted fees.

Here are the key points:

  • Authorization and Payment: You hereby authorize us to settle these charges and expenses on your behalf, in addition to our fees. This authorization extends to completing the payment within 5 working days of receiving instructions to do so from our side, accompanied by any necessary supporting documents.
  • VAT Considerations: It’s important to note that a disbursement of expenses falls outside the scope of VAT if it adheres to the criteria mentioned above.
  • Examples of Charges: Common examples of disbursements and additional charges include, but are not limited to, taxes and governmental fees.
  • Legal Action and Debt Recovery: DBPV reserves the right to take legal action both within the UAE and globally to recover any funds owed. Additionally, the company may assign the collection of such debts to a third-party collection agent, operating in any jurisdiction, both domestically and globally.

A. Advance Payment Policy:

Upon booking our services, a deposit equivalent to 75% of the total project fee is required. This deposit serves to secure the date and time allocated for the project. Failure on the client’s part to fulfill this deposit requirement may result in the prices being subject to change at the discretion of the company. This policy ensures clarity and fairness in the financial arrangements associated with our services.

B. Cancellation Policy:

The decision to reschedule a project rest solely with the company. Should the client choose to cancel the project with less than forty-eight (48) hours’ notice, the company reserves the right to retain the advance deposit. Furthermore, the company holds the authority to cancel a project due to unforeseen circumstances, including but not limited to inclement weather, illness, emergencies, or any conditions deemed by the company to potentially compromise the project’s quality. In the event of a company-initiated cancellation, the advance deposit will be applied to a rescheduled session agreed upon by both parties.

C. Project Location:

The project will be conducted at the agreed-upon location and time as determined by both parties. Additional charges for travel time and travel-related expenses may be applicable, in addition to the package pricing. The assessment of these additional charges will be mutually agreed upon by both parties in writing before the commencement of the project. This ensures transparency and a clear understanding of any potential extra costs associated with project location and travel.

2. Limitation of Liability in Case of Non-Completion:

In the rare event that the company is unable to fulfill this Agreement due to factors such as injury, illness, acts of God, or any other circumstance beyond the reasonable control of the company, the client’s exclusive remedy is the return of any payments made pursuant to this Agreement. This encompasses potential losses, including images or video clips, that are beyond the company’s control, such as fire, theft, or equipment malfunction.

3. Release from Liability Pertaining to the Project:

While the company takes all reasonable precautions to ensure project safety, the client acknowledges the possibility of accidents. The client agrees to indemnify and hold harmless the company, including its employees, agents, or business associates, from any injuries, damages, or losses that may occur directly or indirectly as a result of the project.

4. Model Release and Copyright:

The client grants the company irrevocable and unrestricted rights to alter, use, and publish all images and videos captured during the project for advertising, display, publication, and other marketing or educational purposes. The client relinquishes any claims or rights to profits generated from the use and publication of these materials. Additionally, the client agrees to indemnify and defend the company against any claims, demands, or lawsuits related to the company’s use of the images and videos, as outlined in this paragraph. The company retains exclusive copyright protection for all project-related images and videos.

5. Modification of Agreement:

This Agreement represents the entire understanding between the client and the company and can only be modified as outlined in the preceding paragraphs, in writing, and with mutual agreement by both parties. It supersedes all prior agreements between the parties. If any paragraph is found unenforceable or invalid, the remaining paragraphs remain in effect and are enforceable. Any waiver of the aforementioned paragraphs, as agreed upon by both parties, does not impact the enforceability of the remaining provisions.

Indemnification:

  1. The client acknowledges the company’s inability to guarantee specific coverage quality and agrees not to hold the company liable for compromised coverage due to third-party interference or environmental factors. The company is not responsible for images or videos not captured due to the client’s failure to provide reasonable assistance, with the right to terminate the session without a refund in case of a lack of cooperation.
  1. In the event of the company’s inability to perform services due to uncontrollable factors, the client agrees to indemnify the company, with a full refund of payments made by the client.
  1. The client indemnifies the company against liability, damage, or loss related to technological failure, with no responsibility for data loss due to technical issues.
  1. The company is not liable for injuries during the project, and the client will not hold the company or property owner responsible.
  1. The client understands that the quality of media is subjective, and the company is not obliged to match specific aesthetic preferences.
  1. The company retains the right to omit images or videos, not delivering every exposure taken.
  1. After project delivery, it’s the client’s responsibility to store project data; the company is not responsible for data backup.

Client's Duty:

The client must secure necessary permissions for the company to operate at the event location, understanding any failure to do so is not the company’s responsibility.

Contact Us:

For any inquiries about these terms, please contact us.