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Terms of Service

Our agreement with you

Terms of Service

Effective Date: 21/02/2025
Last Updated : 17/02/2025
Version: 1.0

1. Acceptance of Terms

  • By accessing or using RaymondSaliba.com (the โ€œWebsiteโ€), you agree to be bound by these Terms of Service (โ€œTermsโ€). If you disagree with any part of these Terms, you must not use our Website or services.
  • Minors (users under the age of 18) are prohibited from using this Website without express parental consent. By using this Website, you confirm you are at least 18 years old or the legal age of majority in your jurisdiction.
  • Minors may only use the Website under direct supervision of a parent or legal guardian who agrees to these Terms.
  • These Terms, along with any mutually executed written agreements referencing these Terms, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

2. Definitions

  • "Agreement": These Terms of Service, along with any mutually executed written agreements referencing these Terms.
  • "Client": The individual or entity purchasing Services from Raymond Saliba.
  • "Content": Any text, images, logos, code, or materials provided by the Client for use in the Services.
  • "Deliverables": The final work product specified in a written agreement between the Client and Raymond Saliba.
  • "Services": The work performed by Raymond Saliba as outlined in Section 3 (e.g., web development, product management).
  • "Background IP": Pre-existing code, tools, methodologies, or intellectual property owned by Raymond Saliba or its licensors that are used in creating Deliverables but not specifically created for the Client.
  • "Confidential Information": Non-public proprietary information exchanged during the project, including business strategies, technical data, and trade secrets.
  • "Project": The scope of work defined in a written agreement between the Client and Raymond Saliba.

3. Services

Our services include but are not limited to:

  • Product Management and Development
  • Technical Consulting
  • Web Development and Design
  • Digital Marketing and SEO
  • Corporate Identity and Branding

Service delivery is subject to:

  • A written agreement outlining scope and deliverables
  • Payment of the agreed fees as per the payment schedule
  • Compliance with these Terms

Additionally:

  • Certain services may require third-party platforms or tools. Clients acknowledge that third-party terms and fees may apply.
  • Third-party tools may include payment processors (e.g., Stripe), hosting platforms (e.g., AWS), or analytics services.
  • Any changes to the project scope, deliverables, or timelines require a written amendment signed by both parties.
  • We may engage subcontractors to fulfill services, provided they maintain confidentiality and comply with these Terms.
  • We are not responsible for disruptions, fees, or compliance issues arising from third-party tools or platforms.
  • While we strive to provide high-quality services, we do not guarantee any specific return on investment or success metrics due to various external factors

4. Intellectual Property

  • All content on this Websiteโ€”including text, images, logos, and any other materialsโ€”is the property of Raymond Saliba or its content suppliers, and is protected by international copyright laws.
  • Intellectual property rights to project deliverables transfer to the client only upon full payment and project completion.
  • The Raymond Saliba brand name, logo, and the overall design of this Website remain our exclusive property.
  • All drafts, concepts, or materials created during the project remain our property until final payment is received.
  • We retain the right to display completed work in our portfolio unless otherwise agreed in writing.
  • We retain the right to use images or descriptions of the Deliverables in our marketing materials, website, and social media.
  • If a project is terminated before completion, ownership of all work-in-progress remains with Raymond Saliba unless otherwise agreed in writing.
  • "Background IP" refers to any pre-existing code, tools, libraries, frameworks, methodologies, know-how, or other intellectual property owned by Raymond Saliba or its licensors that are used in the development of the Deliverables but are not specifically created for the Client as part of the Project. Raymond Saliba retains all ownership rights and title to the Background IP.
  • No license to use the Background IP is granted to the Client, except as may be necessary for the Client to use the Deliverables as permitted under these Terms.
  • We retain all rights not expressly granted to the Client.

5. Client Obligations

Clients agree to:

  • Provide accurate and complete information necessary for project execution
  • Respond promptly to queries and requests
  • Pay agreed fees on time according to the payment schedule
  • Late payments may incur interest at the maximum rate permitted by law (8% annually). Services may be paused for overdue payments.
  • Clients are solely responsible for ensuring deliverables comply with laws in their jurisdiction, including data privacy (e.g., GDPR), copyright, and industry regulations related to their intended use of the Deliverables.
  • The Client represent and warrants that they have all necessary rights and permissions to provide Content to Raymond Saliba and that such Content does not infringe on any third party's intellectual property rights.
  • The Client shall indemnify and hold Raymond Saliba harmless from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to Client's breach of this representation.
  • Maintain the confidentiality of any proprietary information shared during the course of the project

6. Limitation of Liability

  • To the fullest extent permitted by law, neither RaymondSaliba.com nor its owner shall be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Website or any of its services.
  • This limitation does not affect liability for gross negligence or willful misconduct where such exclusion is prohibited by law.
  • We are not liable for disruptions or damages caused by third-party platforms integrated into deliverables.

7. Third-Party Links

  • The Website may include links to third-party websites for your convenience. We have no control over the content or practices of these external sites and assume no responsibility for them.
  • Users should review the terms and privacy policies of any third-party sites accessed through our Website.

8. Termination

  • We reserve the right to terminate or suspend your access to the Website without prior notice if you violate these Terms or for any other lawful reason.
  • Termination does not relieve the Client of obligations to pay for services rendered prior to termination.
  • Client data (e.g., contracts, communications) will be retained for 10 years post-termination unless otherwise required by law.
  • Client data, post-termination retention will be disposed of in accordance with the law.
  • Upon termination, we may retain Client data as required by law or for legitimate business purposes. Confidential information will be handled as agreed in writing.

9. Governing Law

  • These Terms are governed by the laws of Malta. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Malta.
  • Parties agree to attempt mediation in Malta before initiating legal proceedings.
  • Mediation is mandatory and will be conducted under Maltese laws.
  • The parties agree to attempt to resolve any disputes through non-binding mediation in Malta, with the costs of mediation to be shared equally by the parties.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Amendments

  • We may update these Terms at any time. Continued use of the Website after changes are posted constitutes acceptance.
  • Material changes to service terms will be communicated to active Clients via email.
  • Non-material changes will be effective immediately upon posting on the Website.

12. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, pandemics, strikes, lockouts, acts of war, terrorism or government actions.

13. Privacy

Your use of our services is governed by our Privacy Policy, which outlines our compliance with GDPR and other data protection laws.

14. Refunds/Cancellation

  • Cancellation of services must be requested in writing. Fees for completed work are non-refundable. Partial work may be billed at agreed hourly rates.
  • Cancellation requests must be submitted at least 7 days before the project start date to qualify for partial refunds.
  • Partial work refers to deliverables completed or in progress up to the cancellation date, billed at the agreed hourly rate or pro-rata basis.
  • Consumers (non-business clients) have the right to withdraw from this contract within 14 days of agreement. However, if you expressly request that Services begin during this period, you waive your right to cancel once the project has commenced.

15. Indemnity

You agree to indemnify and hold harmless Raymond Saliba, its owner, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Website or the Services;
  • Your breach of these Terms;
  • Your violation of any law or regulation;
  • Your infringement of any intellectual property right or other right of any person or entity;
  • Any content you provide to us; or
  • Any claim brought by a third party related to your use of the Website or the Services.

This indemnification obligation shall survive the termination of these Terms and your use of the Website and the Services.

16. Warranty Disclaimer

The Website and the Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Raymond Saliba disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

Raymond Saliba does not warrant that:

  • The Website or the Services will be uninterrupted, secure, or error-free;
  • Any defects or errors will be corrected;
  • The results that may be obtained from the use of the Website or the Services will be accurate or reliable; or
  • The quality of any products, services, information, or other material purchased or obtained by you through the Website or the Services will meet your expectations.

No advice or information, whether oral or written, obtained by you from Raymond Saliba or through the Website or the Services shall create any warranty not expressly stated in these Terms. Raymond Saliba does not make any representations or warranties regarding the use or the results of the use of the Website or the Services in terms of their correctness, accuracy, reliability, or otherwise.

Your use of the Website and the Services is at your sole risk.

17. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

  • Email: info@raymondsaliba.com
  • Address: Siggiewi, Malta
  • Phone: (+356) 99804518