This Advertising Agreement (“Agreement”) is made as per the fully executed agreement, these terms and conditions and starting date (“Effective Date”) by and between Skyloov DMCC, a company incorporated under the laws of the DMCC Free Zone, Dubai, United Arab Emirates with registered address at Unit No: 3717, DMCC Business Center, Level No 1, Jewellery& Gemplex 3, Dubai, United Arab Emirates (“Skyloov DMCC”, Skyloov Property Portal” or “Company”) and the individual/partnership/company/organization/entity whose particulars are outlined in Article I below (“Client”) for advertising and marketing services on Company web sites and portals (“Services”) within the agreed period and service type as set out in Article II below (“Service Term”) upon payment of the security deposit and service fee set out in Article III below (“Payment”) and upon full agreement to the Terms and Conditions set out in Article IV (“Terms & Conditions”).
Effectively, This Agreement after having been signed and stamped by the Client will take effect as a binding contract only upon formal acceptance and signing of the same by the Company. The company’s acceptance of this Agreement is limited only to the services expressly specified in and governed only by the terms and conditions of this Agreement.
I. CLIENT INFORMATIONThe Client shall be as per the particulars identified and listed on the signature page of the Advertising Agreement.
II. SERVICE TERMThe Client shall receive the Services from the Starting Date to the Ending Date, Agreement Term, and for the particular services as identified on the signature page of the Advertising Agreement.
The Client shall be as identified and listed on the signature page of the Advertising Agreement.
III. PAYMENTThe Client shall have the Payment Frequency, Refundable Security Deposit, Monthly Service Fee, VAT, and Agreement Total as identified on the Advertising Agreement. The Agreement Total is subject to change based on actual service and assessment of any additional terms, services, and or fees. Early termination of Agreement by Client is subject to a one-month fee, loss of security deposit, and or other fees as may be applicable under this agreement. Prepayment of any service or term for service is non-refundable.
The Company reserves the right to charge Value Added Tax (VAT) as per UAE regulations from January 1, 2018, for any services that will be provided after this date. This is in line with the Federal Decree-Law No. 8 of 2018. This additional tax will be added to the agreement and or invoice value and all charges agreed under the terms of this agreement shall be deemed to be the VAT exclusive price. All VAT will be invoiced under Company registered TRN.
IV. TERMS & CONDITIONSThe Client shall have the Payment Frequency, Refundable Security Deposit, Monthly Service Fee, VAT, and Agreement Total as identified on the Advertising Agreement. The Agreement Total is subject to change based on actual service and assessment of any additional term, services, and or fees. Early termination of Agreement by Client is subject to a one-month fee, loss of security deposit, and or other fees as may be applicable under this agreement. Prepayment of any service or term for service is non-refundable.
The Company reserves the right to charge Value Added Tax (VAT) as per UAE regulations from January 1, 2018, for any services that will be provided after this date. This is in line with the Federal Decree-Law No. 8 of 2018. This additional tax will be added to the agreement and or invoice value and all charges agreed under the terms of this agreement shall be deemed to be the VAT exclusive price. All VAT will be invoiced under Company registered TRN.
This Agreement will be effective as a binding contract only upon formal acceptance and signing of the same by the Company. However, the Company’s acceptance of this Agreement is limited only to the services expressly specified in this Agreement and governed only by the term and conditions of this Agreement.
The company will begin the specific service as set out in this Agreement upon receipt of the Payment, Service Fees, and Client Content.
We strive to ensure our Site and the services are available to you at all times but cannot guarantee that either the Site or the services will operate continuously, without interruptions, or be fault-free. On occasion, necessary maintenance or upgrade work requires us to make the Site and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Site or the Services, including your access to it.
The content, features, and functionality on the Site could include technical, typographical, or photographic errors. We do not warrant or represent that any of the content, features, or functionality on its Site are accurate, complete, or current. We may make changes to the content, features, and functionality contained on the Site at any time without notice.
If you are listing a property on this Website, your obligations are as follows:
Brokers Obligations
- You warrant that you possess a valid license from the Real Estate Regulatory Authority (RERA), or its equivalent in the Emirate in which you are advertising;
- If a project is off plan (under construction), you warrant that the project is registered with RERA;
- If you are engaging in subleasing activities, you warrant that you possess a license for the activity of “Leasing and Management of Other People’s Property” from both Dubai Department of Economic Development (DED and RERA);
- If you are engaging in short-term or Holiday Home leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM);
- As per the RERA regulations, you must obtain approval for every sale or leasing advertisement (located within or outside of Dubai) and display the RERA Permit Number, Office Registration Number, and Broker Registration Number on all advertisements.
Developers Obligations
- You warrant that you possess a valid license from RERA or its equivalent in the Emirate in which you are advertising;
- If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project
- As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.
Owners and Landlords Obligations
- You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorization to list the property on this Website;
- If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
Tenants Obligations
- You warrant that you possess valid, written consent from your Landlord before advertising on this Website and that you are legally entitled to publish such advertisement.
All Advertisers Obligations
- You may only advertise properties that are currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded);
- You warrant that the advertisement does not contain unlawful language or use of the premises, including:
- Defamatory, misleading, or deceptive statements;
- Sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
- Sharing of property between unrelated members of the opposite sex;
- Sharing of a property in any way that is deemed unlawful;
- Any other language that promotes illegal or immoral activities under the laws of the UAE.
If you are listing a property on this Website or otherwise using our services, your obligations are as follows:
- The Company advertisements include real properties for sale or rent. the Company is not a real estate brokerage and the details of the properties available on this Website are provided to us by third party brokers, landlords, owners, or developers.
- The Company does not verify the property listing details provided to us by third parties and makes no warranties or representations as to their accuracy or completeness.
- You the User of this Website must conduct your own due diligence and must not rely on the details in the advertisements.
- The Company does verify the RERA license number of all property broker companies before allowing them to advertise on the Website.
For the avoidance of doubt, the Client acknowledges that The Company’s liability in respect of any claim under such insurance cover is restricted to the payment to the Client of those sums that The Company recovers relating to the Goods, The Company does not give any advice concerning the insurance cover referred to in this condition and it is down to the Client’s judgment as to whether such insurance is appropriate to cover the Goods and risks to them.
The Company does not exclude liability for physical injury to or the death of any person that is a direct result of its negligence or wilful default or that of its employees and/or agents. The Client agrees to indemnify The Company against all claims, demands, liabilities, damages, costs, and expenses incurred by it or any of its employees, agents or clients or persons in the Facility which arise out of the use of the Space or Facility by the Client or any of his/her servants, agents or invitees or arise out of the breach of this Agreement by the Client. In the event of circumstances and consequences which are outside the responsible control of The Company, The Company does not agree and is not obliged by this Agreement to maintain the safety or security of Goods, the Space or the Facility to keep the Goods free from damage or loss. Neither the Client nor The Company, shall have any liability or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement resulting from circumstances beyond the control of that party. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute, labor disturbance accident, breakdown of plant or machinery, fire, flood, shortage of labor, materials of transport, electrical power failures, the threat of or actual terrorism, environmental or health emergency or hazard, or entry into any Space of the Facility by law and order authorities for the arrest, seizure or confiscation of Goods
The Company shall not be liable to the Client for any damage or loss of any goods or property stored within the Space, and/or for any personal injury or death of the Client or Clients representatives arising from the use of the Space regardless of how much damage or loss or injury occurred and no matter what the cause is, including but not limited to, burglary, mysterious disappearance, fire, water, loss or damage from insects, rodents, building defects, Acts of Got, etc. The Client shall indemnify and hold The Company unaccountable at all times against all claims, demands, actions, proceedings, losses, and expenses including legal costs between solicitor and own client on a full indemnity basis and all other liabilities of whatsoever nature or description and howsoever arising which may be taken, incurred or suffered by the Client in connection with, or any manner arising out of this Agreement and/or the Goods stored within the Space.
The Company may change or amend any terms of conditions of this Agreement, and quoted prices are subject to change by The Company before acceptance of this Agreement. After The Company accepts this Agreement, prices are subject to change, at any time, for any service or sale of items yet to be provided or delivered. Any taxes and/or duties resulting from this Agreement shall be borne by the Client.
Developer
1-year solid contract, to be paid off into either 1 cheque for the entire year or 2 cheques every 6 months. In the desire to Cancel the agreement, the client (developer) must inform Skyloov before 1 month as an official notice period. The credit note will be issued for the client’s Skyloov wallet in CRM. Skyloov will be in title to charge the client 1% of the total payable value in case of any payment delay on payment.
Agency
3-6-9-12 contract, to be paid off in cheques or bank standing order. In the desire to Cancel the agreement, the client (developer) must inform Skyloov before 1 month as an official notice period. The credit note will be issued for the client’s skyloov wallet in CRM. Skyloov will be in title to charge the client A monthly 1% of total payable value in case of any payment delay on payment.
Individual Owner / Landlord
On-demand-based business. Direct online transaction applied through Skyloov payment getaway the third party. Client in the title for refunding only within 7 working days from the day of the transaction
The Client agrees to pay any amount owing to The Company by the due date on their invoice which is sent by email to the registered email address on the Agreement; or before the anniversary day of agreement each month, A late penalty fee of AED 100 shall be applicable if payment is received after the due of any invoice and or anniversary date regardless of if The Company sends an invoice or Client receives the invoice.
Contributions mean any information, including but not limited to data, text, video. Still, images, audio, or any other media that you have contributed for transmitting, hosting, sharing, publishing, posting, storing, or uploading to Company Sites. You agree not to contribute, or otherwise make available, submit or use Content:
- That violates or is in breach of any law or regulation;
- That violates or infringes on the intellectual property rights of any third party unless you are the owner of such rights and or have permission or a license from their rightful owner to contribute the material and to grant the Company all of the license rights granted herein;
- That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- That harasses, degrades, intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant; that includes personal or corporate or identifying information about another person or legal entity without that person's or legal entities explicit consent;
That is corrupted due to the presence of or that includes a virus, disabling code, or any other restricted or harmful code or data;
That impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
That deceives or misleads, which is grossly offensive or menacing, likely to offend, are obscene, or otherwise inappropriate having regard to the nature and purpose of the Site;
That is false, deceptive, misleading, deceitful, misinformative, materially incorrect, or constitutes 'bait and switch' offer;
That employs misleading email addresses, headers, or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
That make any libelous or defamatory comments or postings to or against any person or legal entity;
That is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
That is submitted through any automated device or software that enables the submission of automatic postings on the Company without human intervention or authorship, including without limitation, any automated posting device, or automatic submission of postings at certain times or intervals without the express written consent of the Company.
Any Content uploaded by you shall be subject to relevant laws and may be disabled or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your agreement, account, block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you
The Company may at any time, without liability, remove, alter or disable access to any or all of your Contributions in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to any or all of your Contributions if we consider that:
- They violate any law or regulation
- They violate any of the terms and conditions.
- We suspect they violate any terms and conditions
- It is required to do so by a regulatory body or any relevant authority under an interim or final take-down notice.
The Client will periodically insect and immediately notify The Company of any defects, damage, or infestation in the Space. The Client will keep the Space in good condition and will pay The Company for any repairs necessary to the Space, common areas, the Facility, or outside areas due to negligence, misuse, or any damages caused by Client, Clients guests, or authorized persons.
- We are not an estate agency, and we provide a service whereby agents may market, and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding inquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
- Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your inquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
- You are responsible for checking, confirming, and satisfying yourself as to the accuracy of any Details.
- You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
- You are responsible for ensuring that you act in good faith towards any other parties.
- You represent and warrant that your use of our website will comply at all times with these Terms of Use and any further terms that may apply to you concerning your use of our website, including all amendments and revisions to these Terms per Clause 8 herein;
Developer
Skyloov will be in title to charge the client A monthly 1% of total payable value in case of any payment delay on payment.
Agency
Skyloov will be in title to charge the client A monthly 1% of total payable value in case of any payment delay on payment.
Individual Owner / Landlord
N/A
The company will begin the specific service as set out in this Agreement upon receipt of the Payment, Service Fees, and Client Content.
This Agreement may only be terminated by either the Company or Client under the below conditions:
The Seller may terminate this Agreement with or without cause(and without the need for any judicial notice, arbitration award or court order or other action) at any time during the Term by giving the Service Provider written notice of its intention to do so and the termination shall take immediate effect upon issuance of such notice. The Service Provider shall be entitled to any Marketing Services Fee in terms of clause 5 for any Unit already sold by it up to the date of such termination.
The Service Provider shall not be entitled to any Marketing Services Fee for any Unit that has been sold if this Agreement is terminated by the Seller due to the Service Provider’s breach of any of its obligations under this Agreement.
For the avoid an ace of doubt, if any license, consent, or permission issued to the Service Provider by any relevant authority under the Local Laws is revoked, canceled, or otherwise withdrawn, then the Seller shall be permitted to immediately terminate this Agreement without the requirement for a court order, any further action or legal notice.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You agree that when you send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to this Agreement. We will communicate with you by email or by updating terms on this Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Agreement.
A person or entity which is not a party to this Agreement has no right under this Agreement (Right of third parties) to enforce any term of this Agreement.This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction. Any assignment or transfer by you shall be null and void.that when you send emails to us, you are communicating with us electronically.
You consent to receive electronically any communications related to this Agreement. We will communicate with you by email or by updating terms on this Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Agreement.
This agreement between you and the Company is made in Dubai, United Arab Emirates. This agreement shall be governed and construed by the English law of the Dubai International Financial Centre Courts (DIFC Courts) in Dubai, United Arab Emirates.
In the event of litigation between the parties for disputes arising out of this agreement or otherwise, the litigation shall be brought only before the DIFC Courts of Dubai, United Arab Emirates, and the parties’ consent to the exclusive jurisdiction and venue of such courts. The parties hereby irrevocably submit to the jurisdiction of the DIFC Courts of the Emirate of Dubai, United Arab Emirates; except where the Company has additional rights as provided for below.
The Company may enforce, initiate mediation, arbitration, and or litigation in any jurisdiction worldwide to enforce and protect the Company’s intellectual property rights.
If any sentence, paragraph, clause, or combination of the same in this Agreement violates Dubai, UAE law, then that sentence, paragraph, clause, or combination of the same shall be forfeited to the extent that it is unlawful, and the remainder of this agreement shall remain, not affected and shall be binding upon the parties. The parties also agree the court shall not construe any ambiguity against the drafter of this agreement.
This agreement shall be subject to and the Client shall also adhere to additional terms of the agreement, as typed and signed by all parties in the designated section of the Agreement and shall be subject to the Company Privacy Policy, found at (ENTER URL) and Terms of Use, found at (ENTER URL) for the Site are referenced and attached hereto and made a part of this agreement
THERE ARE NO OTHER COVENANTS, CONDITIONS, OR AGREEMENTS BETWEEN THE PARTIES EXCEPT WHAT HAS BEEN PROVIDED FOR AND STIPULATED IN THIS AGREEMENT. THIS AGREEMENT CAN ONLY BE AMENDED or MODIFIED BY A WRITTEN ENDORSEMENT BY THE COMPANY. AND THIS AGREEMENT IS BINDING ON THE COMPANY SUCCESSOR OR ASSIGNS AND EACH SUCCESSOR OR ASSIGNS SHALL BE RELIEVED OF ALL OBLIGATIONS UNDER THIS AGREEMENT UPON THE TRANSFER OF THE PROPERTY TO THE NEW SUCCESSORS OR ASSIGNS.
The Client hereby certifies, warrants, and represents by signing the Agreement that they have read, understand, and agree to all of the provisions of this Agreement in its entirety and agree to all the Terms and Conditions both by text and by reference as set forth herein.