Terms of use

General Terms and Conditions

Definitions
Contractor: New Time Agency (NTA eCommerce FZCO), established in Dubai, United Arab Emirates.
Client: the customers of New Time Agency.
Force majeure: a cause not imputable to New Time Agency. (such as brute force attacks, power or internet failure, internet leakage beyond a reasonable level of security, terrorism, flooding), as a result of which performance cannot reasonably be required from Online.
Written(s): by letter, email or whatsapp message.
Package of agreements
New Time Agency will give the customer a quotation, or offer, which includes an overview of the costs and agreements made.
If the costs of extra work and/or less work and/or earlier or later delivery cannot be inferred from the quotation or offer, New Time Agency will charge these costs in accordance with the amounts given in the quotation or offer, based on reasonableness and/or on written proof.
If the customer accepts the quotation or offer in time, a contract of assignment comes into being, which will be carried out by New Time Agency independently and at its own discretion as an obligation of effort.
New Time Agency cannot be held to late accepted quotations and/or apparent clerical errors in the quotation.
The contract of engagement, further written agreements and these General Terms and Conditions form a whole of agreements. In the event of conflict, the last written agreement made will apply.
The Client shall provide the Contractor with sufficient information for the assignment in good time.
In the case of agreements that continue for more than three months, New Time Agency shall be entitled to reasonably increase the prices and rates, insofar as these are demonstrably related to increased costs or applicable indexation figures.
In case of non-binding provisions in the whole agreement, the other provisions between New Time Agency and the customer will remain valid, and New Time Agency and the customer will replace the non-binding provisions by similar ones, within the scope of the agreement.
Termination
In the case of continuing agreements, notice of termination must be given in writing with due regard to a period of notice of one month.
Without notice of termination, a previously extended temporary agreement shall be deemed to have been extended for the same period of time again.
In the event of termination before the end of the assignment, the client shall pay for the hours and costs incurred.
Confidentiality
New Time Agency will treat the information from or about the customer with the utmost confidentiality, unless it concerns information that is already in the public domain or must be made public by law.
New Time Agency may refer to the customer for advertising purposes under the condition that New Time Agency does not disclose any confidential information.
Intellectual property, right of use, taking out of use
New Time Agency has and retains the intellectual property rights to works (including software, web-based applications and source code) created during the execution of the order. After delivery and full payment, the customer receives (only) the right of use.
New Time Agency has the right to put (parts of) the customer’s website out of use temporarily and for the shortest possible time if this is necessary for repair, improvement or maintenance.
Payment
The customer must pay an invoice within 14 days.
Late payment gives New Time Agency the right to suspend the contract without any obligation to pay compensation and or to block the delivered goods and/or take them back.
Limitation of liability and indemnification
New Time Agency can only be held liable for direct damage (therefore not for consequential damage or loss of profit) unless the damage is the result of intent or gross recklessness by New Time Agency.
New Time Agency is not liable for damage resulting from acts or omissions of the customer, such as the careless or untimely provision of information, content or photos, the provision of incomplete or incorrect information or careless acts by the customer when it comes to security (for example: careless password use and allowing spam and/or viruses).
New Time Agency is not liable for the consequences of force majeure.
New Time Agency is not liable for the content and/or content.
New Time Agency liability is limited to the amount paid out in the relevant case by the professional liability insurer, increased by New Time Agency’s excess. However, the total liability in no case exceeds the amount that New Time Agency and the client have agreed upon for an assignment.
The customer shall indemnify New Time Agency against third party claims arising from the work done for the customer, unless the liability has arisen as a result of intent or gross recklessness on the part of New Time Agency.
Force Majeure
In the event of temporary force majeure, New Time Agency will still fulfill the agreed upon obligations to the best of its ability and will invoice in accordance with the agreement.
The customer and New Time Agency may revise or terminate the agreement in the event of permanent force majeure.
Guarantee, complaints and applicable law
There is a six-month warranty on the services provided. Warranty includes, at the expense of New Time Agency, repairing errors, defects or imperfections as soon as possible, demonstrably caused by New Time Agency. Warranty does not apply if the customer has modified and/or not maintained in a reasonable manner the work delivered by New Time Agency, and/or if the customer has not adhered to the instructions provided by New Time Agency.
The customer is responsible for maintaining the delivered website, performing updates to the website and making a backup copy of it.
Complaints about the delivered work or about invoices must be reported in writing to New Time Agency no later than eight days after the completion of the order, otherwise the customer is considered to have fully accepted the result or the invoice.
The customer shall give New Time Agency a reasonable period and access to investigate and remove or remedy the cause of a complaint.
Reporting a complaint does not suspend the customer’s obligation to pay.
New Time Agency is governed by United Arab Emirates’ law, unless otherwise provided by law.