Terms and Conditions

Last updated: 2026-05-02

§ 1 Scope

(1) Unless expressly agreed otherwise, these “Terms and Conditions” (T&Cs) apply to all services (web development, creation of interfaces, conception and design of marketing measures, organisation, planning and implementation of marketing concepts, customer support and mediation of third-party services for the implementation of marketing measures) between the customer and the marketing agency: Tubach L.L.C-FZ, The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E (hereinafter referred to as the Agency).

(2) Should individual provisions of these “Terms and Conditions” be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.

(3) Conflicting terms and conditions of the customer are only effective if they are expressly recognised in writing by the Agency.

§ 2 Definitions

(1) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with the Agency without this being attributable to their commercial or self-employed professional activity.

(2) Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with the Agency in the exercise of their commercial or self-employed professional activity.

§ 3 Offers and Conclusion of Contract

(1) The basis for the conclusion of the contract is the respective written offer of the Agency, in which the services and the fee are specified. The Agency’s offers are subject to change and non-binding and constitute an invitation to the customer to commission the Agency with the provision of services.

(2) Insofar as the fee, deviating from para. 1, is not regulated by a written offer, this is done according to the guidelines of the ADC (Art Directors Club Germany) or on the respectively valid calculation basis of the Agency. The agency fee includes services for advertising preparation, advertising planning, advertising design, advertising copy and implementation of the marketing measures. The following are charged separately: materials, translations, travel expenses, expenses, organisational and procurement costs, copyright transfers as well as technical costs such as photos, photo prints, tool costs, production of advertising materials and printing costs, and services of contracted entrepreneurs (rental of personnel, premises, market research, etc.) according to the respective effort.

(3) By commissioning the chosen service, the customer makes a binding offer to conclude a contract. The contract between the customer and the Agency is concluded by the written or telegraphic declaration of acceptance by the Agency. The same applies to additions, amendments or ancillary agreements. If the Agency does not reject acceptance within 4 weeks of receipt of the order, the confirmation shall be deemed to have been issued.

(4) An execution in accordance with the order by the Agency replaces the order confirmation. By using the services of the Agency, the customer declares acceptance of this offer and waives access to the declaration of acceptance.

(5) The information on the homepage, in brochures, circulars, advertisements, price lists or documents belonging to the offer, drawings, illustrations, technical data and service descriptions are non-binding unless they are expressly designated as binding in the order confirmation.

§ 4 Scope of Marketing Services

(1) The scope of the contractual services is set out in the written order confirmation. Ancillary agreements or modifications that change the scope of the contractual service must be in writing.

(2) Changes or deviations of individual services from the agreed content of the contract that become necessary after the conclusion of the contract shall be communicated to the customer by the Agency without delay. Insofar as the changes do not or only insignificantly affect the agreed content of the contract, the customer shall have no right of cancellation due to these deviations. The Agency is entitled, in consultation with the customer, to change parts of the marketing concept in deviation from the service description.

(3) Insofar as the Agency concludes contracts with third parties for the execution or implementation of agreed marketing measures, such conclusion of the contract is made in the name and with the authorisation of the customer. This applies in particular to the rental of premises, the conclusion of contracts in the catering and service sector, as well as the conclusion of contracts with graphic designers and artists.

(4) Insofar as the Agency provides additional services free of charge outside the contractual agreement, it is entitled to discontinue these services at any time. This does not give rise to any right of cancellation or any right to reduction or claim for damages in favour of the customer.

§ 5 Customer’s Obligations, Cooperation

(1) The customer must provide the Agency without delay with all information necessary for the execution of the order. Delays due to a lack of cooperation by the customer shall not be at the expense of the Agency.

(2) The customer warrants that the information provided is correct and complete; changes to personal data or essential contractual information must be communicated to the Agency in writing without delay.

§ 6 Payment, Default

(1) All fees include the applicable statutory value-added tax and are due for immediate payment in the amount applicable at the time of the conclusion of the contract in accordance with the order upon invoicing. In the case of late payment, default interest of 8 percentage points above the base interest rate is deemed to be agreed.

(2) The Agency is entitled to demand reasonable advance payments to cover its expenses.

(3) If the customer is in default of payment, the Agency has the right to refuse performance.

(4) The customer has the right to set-off only if his counterclaims are undisputed by us or have been legally established. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 7 Conception, Presentation and Copyright Protection

(1) If the Agency does not receive an order after participating in a presentation or after preparing a concept, all services of the Agency, in particular their content, shall remain the property of the Agency. The customer is not entitled to use them further in any form.

(2) All services of the Agency (e.g. marketing concepts, web tools, interfaces, etc.) as well as individual parts thereof remain the property of the Agency. By paying the fee, the customer only acquires the right of use for the agreed purpose. Without any agreement to the contrary with the Agency, the customer may only use the Agency’s services himself and only for the duration of the contract. Additions or changes to the Agency’s services by the customer are only permitted with the express consent of the Agency and, insofar as the services are protected by copyright, of the author.

(3) The Agency’s consent is required for any use of the Agency’s services that goes beyond the originally agreed purpose and scope of use, regardless of whether this service is protected by copyright. The Agency and the author are entitled to separate appropriate remuneration for this.

(4) Repeated uses (e.g. reprints) or multiple uses of marketing concepts are subject to a fee; they require the consent of the Agency. The transfer of granted usage rights to third parties requires the consent of the Agency. The Agency has a right to information about the scope of use.

(5) The templates provided to the Agency by the customer (e.g. texts, photos, samples, etc.) are used on the assumption that the customer is entitled to use them. The Agency does not verify whether the customer is entitled to use the copyright and trademark rights required for the services to be provided. Liability towards third parties with regard to copyright and/or trademark claims is therefore excluded for the commissioned services.

§ 8 Colours and Image Samples / Illustrations

The Agency points out that screen colours (RGB) differ from printing colours (CMYK) on different media (e.g. paper, fabrics, foils, banners, etc.). In the case of colour deviations, return or exchange is excluded. This is known throughout the printing industry and the customer confirms this knowledge to the Agency. To avoid misunderstandings, it is possible to order a colour-binding sample (proof) in advance for a surcharge.

§ 9 Cancellation

(1) The customer is entitled to cancel the contractual relationship with the Agency at any time. Excluded from this are term contracts with a cancellation period defined at the conclusion of the contract.

(2) However, the early termination of the contractual relationship obliges the customer to pay an appropriate fee that remunerates the services already rendered.

(3) The right to extraordinary termination for both contracting parties remains unaffected by this.

§ 10 Warranty and Damages

(1) The Agency undertakes to conscientiously prepare and carefully select and monitor the service providers in accordance with the due diligence obligations of a prudent businessperson.

(2) The customer must assert and substantiate complaints, claims and impairments in writing without delay [within three working days of performance by the Agency]. In the event of justified and timely complaints, the customer is entitled to compensation. The customer acknowledges that a claim for damages against the Agency, regardless of the legal basis, is limited in amount to the agreed fee.

(3) Claims for damages by the customer, in particular due to impossibility of performance, positive breach of obligation, fault in conclusion of contract, defective or incomplete performance, or unlawful acts, are excluded, unless they are based on intent or gross negligence on the part of the Agency.

§ 11 Limitation of Liability

(1) The seller is liable without limitation in accordance with the mandatory statutory liability provisions.

(2) For damages other than those resulting from injury to life, body and health, the Agency shall only be liable insofar as we or our vicarious agents are guilty of intent or gross negligence or a culpable breach of an essential contractual obligation. Any further liability for damages is excluded.

(3) In the event of a slightly negligent breach of essential contractual obligations, we shall be liable, regardless of the legal grounds, limited in amount to the typically foreseeable damage, which as a rule does not exceed the amount of the fee.

(4) An essential contractual obligation includes those obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.

(5) Insofar as the Agency is entitled to claims for damages against third parties in connection with the execution of the contract, the Agency assigns such claims for compensation to the customer, provided that the latter accepts the assignment of such future claims. In such a case, the customer shall have no further claims against the Agency. The customer is entitled to enforce such claims at his own expense.

(6) The customer is responsible for any legal infringements of any kind on the product (internet platforms or print products) of the customer, and not the Agency.

§ 12 Data Protection

(1) The customer is aware of and agrees that the personal data required for the execution of the contractual relationship is stored by the Agency on data carriers and, if necessary, is transferred to affiliated companies in the course of the order processing. The customer expressly consents to the collection, processing and use of his personal data.

(2) The stored personal data is, of course, treated confidentially by the Agency. This data may be transferred by the Agency to authorised parties and, pursuant to § 11 BDSG (German Federal Data Protection Act), to carefully selected business partners, for example for the purpose of credit checks.

(3) The collection, processing and use of personal data takes place in compliance with the GDPR.

(4) The customer has the right to revoke his consent at any time with effect for the future. In this case, the Agency is obliged to delete the customer’s personal data immediately. For ongoing usage relationships, deletion takes place after the end of the contract.

(5) The client permits Tubach L.L.C-FZ to use the client’s name and logo as a reference to third parties.

§ 13 Special Warranty Conditions for Entrepreneurs

(1) If the customer is an entrepreneur, there are no warranty claims for defects in the purchased goods upon delivery of used goods, unless Tubach L.L.C-FZ has fraudulently concealed the defect.

(2) If the customer is a merchant and the order is part of the operation of his commercial business, the statutory provisions apply to notices of defects. Notices of defects must be made in writing.

§ 14 Prohibition of Set-Off

The customer is not entitled to set-off unless the counterclaims are undisputed by Tubach L.L.C-FZ or have been legally established.

§ 15 Applicable Law, Foreign Language and Place of Jurisdiction

(1) The business relations between the Agency and the customer are subject to the law of the Emirate of Dubai (United Arab Emirates) to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction is Dubai, U.A.E, insofar as the customer is an entrepreneur or merchant or a legal entity under public law or a special public-law fund.

(3) If these Terms and Conditions (T&Cs) are translated into a foreign language, the German version of the T&Cs is always decisive in the event of linguistic ambiguity.