This document constitutes a legal agreement (hereinafter referred to as the “Agreement”) between Tahwal Digital (hereinafter referred to as the “Company” or “we”) and the client (hereinafter referred to as the “Client” or “you”), and it sets out the terms under which all digital services are provided.
Using our services, or paying for any service, constitutes a full and unconditional acknowledgment of, and agreement to, all of these terms and conditions and the policies associated with them (including the refund policy and the acceptable use policy).
1. Scope of Services Provided
The Company provides the following services, and each service is subject to its own terms set out below:
- Website design and development.
- Search engine optimization (SEO) services.
- E-commerce store management services.
- Google Ads advertising services and paid campaign management.
- Website hosting and technical support services.
2. Payment Terms and Financial Obligations
- Advance payments (deposit): All advance payments for design projects, or setup fees for monthly services, are considered a non-refundable booking payment that the Company retains to cover planning costs, resource allocation, and administrative expenses incurred immediately.
- Delivery and full payment: No final work will be delivered, no website will be launched to the public, and the Client will not be provided with any administrative data or the project source files, until the Client has paid the entire remaining balance due on the project value.
- Material breach of contract: Any delay in paying a due installment after the agreed date (or after the granted grace period expires) is considered a Material Breach of the contract terms.
- Late fees: If the delay continues, a late fee is charged on the overdue balance. The proposed late fee is calculated as a percentage (for example, 2% to 3% per month) of the overdue amount, and this interest accrues daily until the balance is settled in full.
- Suspension of services: The Company reserves the right, at its sole discretion, to immediately suspend or terminate all services provided to the Client (including hosting, SEO, and store management) if the payment delay continues.
If the services are tied to a fixed-term contract (such as SEO or management contracts longer than six months), and the Client decides to terminate the service before the agreed term ends without any breach by the Company, an early termination fee will be charged.
This fee is calculated as a percentage of the remaining contract value (and it is suggested not to exceed 20% under some regulatory frameworks) to compensate the Company for its planned revenue.
3. Website Design and Revisions Policy
Design services are provided according to the agreed initial project brief, and the following revisions policy applies:
- Minor Revisions: These include cosmetic changes that do not exceed 20% of the overall design (such as adjusting colors and fonts, replacing images, or reordering specific sections). A limited number of minor-revision rounds are provided free of charge within the project price.
- Major Revisions: These include any change that exceeds 20% of the design, requires changing the entire design direction, or a full re-layout of the pages. Major revisions require additional fees or may be treated as a new project or a contract addendum whose cost is set as a percentage of the overall project.
- Project abandonment: If the Client fails to provide the content, feedback, or responses necessary to complete the project for a period exceeding 60 consecutive days, the project is considered abandoned, and the Company reserves the right to terminate the contract and forfeit all payments made, with no obligation to deliver any work.
4. Intellectual Property and Company Rights
Ownership of the final design and the commercial usage rights transfer fully to the Client only after full payment of all amounts due.
The Company reserves the right to permanently place a link or the phrase “Designed and developed by Tahwal Digital” (Site Credit Link) in the footer of the website, for portfolio-building and marketing purposes.
- Website design: The “design credit” is fixed and permanent.
- Design/store management: The management “credit” remains in effect throughout the term of the store or website management contract.
The Client represents and warrants that all materials and content provided to the Company (including text, images, trademarks, and software) are either owned by the Client or that the Client has the full legal right to use them. The Client bears full responsibility for any infringement of the intellectual property rights of a third party arising from the content published on the website.
5. Acceptable Use Policy for Hosting Services (AUP)
Any violation of the acceptable use policy is considered a breach of these terms of service and entitles the Company to immediately suspend or terminate the hosting services without a refund.
Prohibited content and activities include the following:
- Illegal activities: Using the services for any activity that violates local or international laws.
- Prohibited content: Publishing, promoting, or facilitating the sale or trade of drugs, alcohol, gambling, illegal or harmful products, or unlawful sexual products.
- Intellectual property infringement (piracy): Hosting or publishing any copyright-protected materials without permission (such as pirated software, movies, music, or Warez sites).
- Hate speech and incitement: Publishing content that stirs sectarian strife, incites hatred, spreads defamation, or is obscene.
- Resource abuse: Exceeding the defined usage limits for server resources (such as memory or processes) in a way that negatively affects network performance or other clients.
6. Terms for Marketing and Store Management Services
SEO services aim to improve the website ranking in organic search results and to increase local visibility.
- No guarantee of results: Given the complexity and constant change of search engine algorithms, the Company does not provide any definitive guarantee of achieving a specific ranking (such as the first position) in search results.
- Services: The services include keyword analysis, on-page optimization, local SEO optimization, and providing performance reports.
- Scope of work: Management includes overseeing store operations, inventory management, orders, and improving the customer experience (UX).
- Electronic payment obligation of the Client: The Client undertakes to ensure the availability of a reliable and secure electronic payment solution to protect consumer rights and the integrity of transactions.
- Compliance with Google: The Client undertakes to comply with all Google advertising policies, and the Company acts as an advertising agency to manage campaigns in line with the Client goals and these policies.
- Responsibility for the ad budget: The Company bears no responsibility for refunding any amounts already spent on advertising platforms, and any remaining ad balances are subject to the refund policies of Google.
7. Disclaimer and Limitation of Liability
- Disclaimer for errors: The Company is not responsible for the accuracy, completeness, or suitability of the content or information provided on the website. We do not guarantee that the service will be error-free or uninterrupted, especially with regard to hosting or third-party services.
- Limitation of liability: In no event shall the total liability of the Company toward the Client, whether contractual or tortious, exceed the total amount the Client paid to the Company for the specific service that gave rise to the claim during the preceding 12-month period.
8. General Provisions
- Amendment: The Company reserves the right to amend these terms and conditions at any time, and continued use of the services after the amendments are published is considered acceptance of them.
- Governing law: This Agreement is interpreted, governed, and regulated in accordance with the laws of the Arab Republic of Egypt, and both parties agree to the exclusive jurisdiction of the courts of Cairo to settle any dispute arising under this Agreement.
Notice: Please read these terms of service carefully. We strongly recommend having them reviewed by a legal advisor to ensure they fully comply with the consumer-protection and intellectual-property laws in your jurisdiction.
