Terms & Conditions

Introduction

These Terms & Conditions (the “Terms”) govern the use of the website prodigioux.com (the “Website”) and the provision of services by Prodigioux (“Prodigioux”, “we”, “us” or “our”) to any person or organisation that requests, purchases or receives our services (the “Client” or “you”).

In these Terms, an “Agreement” means any proposal, quotation, scope of work, order, invoice or service agreement issued by Prodigioux and accepted by the Client, whether signed, confirmed in writing (including by email or messaging) or accepted through payment.

Acceptance of Terms

By using the Website, submitting an enquiry or order, accepting a proposal or making a payment, you confirm that you have read and accept these Terms. If you are acting on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms on its behalf.

If there is any conflict between these Terms and a signed Agreement, the signed Agreement will prevail to the extent of that conflict.

About Prodigioux

Prodigioux is a creative and digital agency based in Dubai, United Arab Emirates, with a creative and technical production team in Tunisia. We provide marketing, advertising, creative, production and web services to businesses and individuals.

You can contact us at info@prodigioux.com or +971 50 408 8116.

Services

Our services may include, depending on the Agreement:

• social media management and content creation;
• paid advertising and campaign management, including Meta, Google and TikTok advertising;
• graphic design and branding;
• photography, videography, reels and video editing;
• website design and development, including WordPress and WooCommerce;
• search engine optimisation (SEO) and digital marketing;
• marketing strategy and consultancy; and
• other creative and digital services agreed in writing.

The exact services, deliverables, quantities and timelines are those described in the relevant Agreement. Descriptions of services on the Website are general information and do not by themselves form an offer.

Proposals, Quotations and Scope of Work

Proposals and quotations are based on the information available to us at the time they are prepared. Unless stated otherwise, a quotation is valid for thirty (30) days from its date of issue.

The scope of work is limited to the services and deliverables expressly described in the Agreement. Any work outside that scope is additional work and may be quoted and charged separately.

Service Agreements

An Agreement becomes binding once it has been accepted by the Client as described in Section 1. Each Agreement incorporates these Terms.

Prodigioux may decline any request for services at its discretion, including where the request is unlawful, conflicts with these Terms or falls outside our capabilities.

Minimum Contract Periods

Some services, in particular recurring marketing, social media and advertising management services, are provided for a minimum contract period. Unless the Agreement states otherwise, the minimum contract period for recurring services is three (3) months from the start date.

Fees for the minimum contract period are payable as set out in the Agreement. Cancellation during a minimum contract period is addressed in Section 35 and in our Refund & Cancellation Policy.

Fees and Payment Terms

Fees are stated in the Agreement. Unless otherwise stated, fees are quoted in United Arab Emirates Dirhams (AED).

Invoices are payable within the period stated on the invoice or in the Agreement. Payments may be made by bank transfer, card payment through our Website or any other method we accept in writing.

Card payments made through the Website are processed by third-party payment service providers. Prodigioux does not store full payment card details on the Website.

If payment is not received when due, we may pause or suspend the affected services in accordance with Section 34 until the outstanding amount is settled.

Advance Payments

We may require an advance payment or deposit before work begins, or payment of recurring fees in advance of each service period. Work is scheduled once the required advance payment has been received.

How advance payments are treated if an Agreement is cancelled is set out in Section 36 and in our Refund & Cancellation Policy.

VAT and Applicable Taxes

Unless stated otherwise, fees are exclusive of value added tax (VAT) and other applicable taxes. Where VAT or any other tax applies to our services under UAE law, it will be added at the applicable rate and shown on the invoice.

The Client is responsible for any bank charges, transfer fees or withholding taxes imposed by its own bank or jurisdiction, unless the Agreement states otherwise.

Advertising and Media Budgets

Advertising and media budgets (the amounts paid to advertising platforms such as Meta, Google or TikTok to run ads) are separate from Prodigioux's service or management fees, unless the Agreement expressly includes them.

Media budgets are normally paid directly by the Client to the advertising platform using the Client's own payment method. Where Prodigioux agrees to pay media budgets on the Client's behalf, the Client must fund those amounts in advance and they will be shown separately.

Third-Party Costs

Third-party costs are charged separately from our service fees unless the Agreement expressly includes them. These may include hosting, domains, software and plugin licences, stock images, video and music, fonts, printing, external production, equipment or studio rental, talent, travel and any other goods or services supplied by third parties.

Third-party goods and services are subject to the supplier's own terms, prices and policies, which may change without notice to Prodigioux.

Client Responsibilities

The Client agrees to:

• provide accurate, complete and timely information, instructions and feedback;
• appoint a contact person with authority to give approvals;
• provide any access, credentials and permissions reasonably required to perform the services;
• ensure that its products, services, offers and claims comply with applicable laws; and
• pay all fees and agreed costs on time.

Information and Materials Provided by the Client

The Client is responsible for all content, data, trademarks, logos, images, videos, text and other materials it provides to us (“Client Materials”). The Client confirms that it owns or has the necessary rights to use the Client Materials and to authorise us to use them for the services.

Prodigioux is not responsible for verifying the accuracy or legality of Client Materials, including product claims, prices and offers supplied by the Client.

Client Approvals

Where a deliverable requires approval, the Client should review it and either approve it or provide consolidated feedback within the timeframe stated in the Agreement or otherwise agreed with us.

Approval may be given in writing, including by email or messaging application. Once a deliverable has been approved, published, launched or used by the Client, it is treated as accepted, and later changes may be treated as new work.

Revisions and Change Requests

Each Agreement may include a set number of revision rounds for each deliverable. Revisions are adjustments to the approved direction or brief. Requests that change the brief, concept, scope or quantity of deliverables are change requests.

Additional revisions and change requests may be quoted and charged separately and may affect timelines.

Project Timelines

We will use reasonable efforts to meet the timelines set out in the Agreement. Unless the Agreement expressly states that a date is fixed, timelines are estimates and depend on the Client providing information, materials, access and approvals on time.

Delays Caused by the Client

If the Client delays providing information, materials, access, feedback or approvals, the timeline will be extended accordingly. Such delays do not by themselves entitle the Client to a refund or a reduction in fees.

If a project is paused by the Client or remains inactive due to the Client for an extended period, we may reschedule the remaining work according to our availability, and we may invoice for work completed to date.

Social Media Management

Social media management services are provided according to the content plan, posting frequency and platforms agreed in the Agreement. The Client remains the owner of its social media accounts and is responsible for maintaining appropriate access permissions.

Unless expressly agreed, community management, moderation and responses to messages or comments are limited to the scope and working hours stated in the Agreement. Prodigioux does not guarantee a specific number of followers, engagement, reach or impressions.

Paid Advertising

Paid advertising services include planning, setting up, managing and optimising campaigns as described in the Agreement. Advertising is subject to the policies, review processes and decisions of each advertising platform.

The Client is responsible for ensuring that its products, services, landing pages and offers comply with applicable laws and with the advertising platforms' policies, and for obtaining any permits or approvals required to advertise them in the UAE or in any other targeted country.

Meta / Google / TikTok / Third-Party Platforms

Advertising and social media platforms, including Meta (Facebook and Instagram), Google, TikTok and similar services, are operated by independent third parties. Their algorithms, policies, ad review decisions, pricing, reporting tools, account restrictions, suspensions and service outages are outside Prodigioux's direct control.

We will act reasonably to follow platform guidelines and to help resolve issues, but we are not responsible for platform decisions, changes or interruptions, or for any resulting loss of reach, performance, data or access.

No Guarantee of Advertising Results

Marketing and advertising results depend on many factors outside our control, including market conditions, competition, budget, pricing, product quality, website performance, sales processes and platform algorithms.

Unless a specific guarantee is expressly written in an Agreement signed by Prodigioux, we do not guarantee any particular number of leads, sales, revenue, search rankings, impressions, reach, followers, engagement, return on ad spend (ROAS) or other advertising performance.

Leads, Sales, ROAS and Performance Disclaimer

Any forecasts, estimates, benchmarks or examples of past results that we share are provided for guidance only and are not promises of future performance.

The Client is responsible for handling leads and enquiries, for its sales process and for fulfilling any orders generated through campaigns. Metrics reported by advertising and analytics platforms are provided by those platforms and may differ between tools.

Website Design and Development

Website projects are delivered according to the pages, features, integrations and number of revisions described in the Agreement. The Client is responsible for providing final content, images and product data unless content creation is included.

A website is treated as delivered when it has been made available to the Client for review on a staging or live environment and the agreed features are functional. Unless the Agreement includes maintenance, ongoing updates, security monitoring, backups and support after launch are separate services.

Websites are designed to work on current versions of major browsers and devices. We cannot guarantee compatibility with every browser, device or future software update.

Hosting and Domains

Hosting and domain services are provided by third-party providers. Where Prodigioux registers a domain or arranges hosting on the Client's behalf, we will do so in the Client's name wherever reasonably possible, and the Client is responsible for renewal fees unless the Agreement states otherwise.

Prodigioux is not responsible for outages, data loss, security incidents, price changes or suspensions caused by hosting or domain providers, or for the expiry of services where renewal fees have not been paid.

Third-Party Plugins and Software

Websites and campaigns may use third-party themes, plugins, software, applications and integrations. These are licensed by their providers under their own terms. Updates, discontinuation or changes made by those providers may affect functionality and are outside our control.

Where a paid licence is required, it may be purchased in the Client's name or charged as a third-party cost.

Intellectual Property

All intellectual property rights in the Website and in Prodigioux's own brand, content, methods and materials remain the property of Prodigioux or its licensors.

The Client retains all intellectual property rights in the Client Materials. The Client grants Prodigioux a non-exclusive licence to use the Client Materials for the purpose of providing the services.

Ownership of Final Work

Subject to full payment of all fees due under the relevant Agreement, the Client will own, or receive a licence to use, the final approved deliverables created specifically for the Client, as stated in the Agreement.

Unless the Agreement states otherwise, rights do not transfer until full payment has been received, and deliverables are provided in final, ready-to-use formats. Working files, source files, unused concepts, drafts and raw footage remain with Prodigioux unless their delivery is expressly agreed, and may be subject to an additional fee.

Pre-existing Agency Assets and Tools

Prodigioux retains ownership of its pre-existing materials, templates, code libraries, frameworks, processes, know-how and tools, including any general improvements to them made during a project (“Agency Assets”).

Where Agency Assets are incorporated into a deliverable, the Client receives a non-exclusive licence to use them as part of that deliverable.

Stock Images / Fonts / Licensed Assets

Deliverables may include stock images, videos, music, icons, fonts or other assets licensed from third parties. These remain subject to the licence terms of their owners, which may limit how, where or for how long they can be used.

The Client must comply with those licence terms and must not use licensed assets outside the scope for which they were licensed. Any extended licence required by the Client may involve additional cost.

Portfolio Rights

Unless the Client asks us otherwise in writing, Prodigioux may display completed and publicly released work, together with the Client's name and logo, in its portfolio, website, social media and presentations.

We will not publish confidential information or work that the Client has identified to us as confidential or unreleased.

Confidentiality

Each party will keep confidential any non-public business, technical or financial information received from the other party and will use it only for the purpose of the services, except where disclosure is required by law or by a competent authority.

Access credentials provided by the Client will be used only to perform the services. The Client should change passwords or remove access once the services end.

Personal data received in connection with the services will be handled in accordance with applicable UAE data protection law. Our team members and service providers, including our production team in Tunisia, may access such information where necessary to perform the services, subject to confidentiality obligations.

Prohibited or Illegal Content

Prodigioux will not create, publish or promote content that we reasonably believe is unlawful in the UAE or in the targeted country, infringes the rights of others, is misleading, defamatory, offensive to public morals or religion, or violates the policies of the relevant platform.

We may refuse, amend or remove such content and may suspend or terminate the services if the Client requests or publishes it. The Client remains responsible for content it publishes or approves.

Suspension of Services

We may suspend all or part of the services, after giving notice where reasonably possible, if:

• payments are overdue;
• the Client breaches these Terms or the Agreement;
• we are asked to carry out work that is unlawful or breaches platform policies; or
• suspension is required by law, a competent authority or a platform.

Services will resume once the reason for suspension has been resolved. Fees for the suspension period remain payable where the suspension is caused by the Client.

Cancellation and Termination

Either party may terminate an Agreement in accordance with its terms. Unless the Agreement states otherwise:

• project-based work may be cancelled by the Client by written notice, and the Client will pay for work performed and costs incurred up to the date of cancellation;
• recurring services may be cancelled by written notice given in accordance with the notice period in the Agreement, but cancellation does not take effect before the end of any minimum contract period; and
• either party may terminate an Agreement by written notice if the other party materially breaches it and fails to remedy the breach within a reasonable period after being notified.

On termination, all amounts due for work performed and costs incurred become payable. Provisions that by their nature should continue, including those on intellectual property, confidentiality and liability, continue to apply.

Refunds

Refunds are handled in accordance with our Refund & Cancellation Policy, which forms part of these Terms.

Nothing in these Terms or in that policy excludes or limits any rights available to a customer under applicable UAE law.

Limitation of Liability

To the extent permitted by applicable law:

• Prodigioux is not liable for indirect or consequential loss, or for loss of profit, revenue, business, data, goodwill or opportunity; and
• Prodigioux's total liability in connection with an Agreement is limited to the fees paid by the Client for the services giving rise to the claim during the three (3) months before the claim arose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under UAE law, including liability for fraud, gross negligence or wilful misconduct.

Third-Party Service Interruptions

Our services rely on third-party services such as advertising platforms, social networks, hosting providers, payment providers, software and internet connectivity. We are not responsible for interruptions, delays, errors, data loss or changes caused by those third parties, but we will act reasonably to minimise their effect on the services where possible.

Force Majeure

Neither party is liable for a delay or failure to perform its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, government action, power or internet failures, and major platform outages. The affected party will notify the other party and resume performance as soon as reasonably possible.

Indemnification

To the extent permitted by applicable law, the Client will compensate Prodigioux for losses, claims and reasonable costs arising from:

• Client Materials that infringe the rights of a third party;
• the Client's products, services, offers or claims; or
• the Client's breach of these Terms or of applicable law.

Changes to These Terms

We may update these Terms from time to time. The updated version will be published on this page with a revised “Last updated” date. Changes will not affect Agreements already in progress unless the Client agrees in writing, except where a change is required by law.

Governing Law

These Terms and any Agreement are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, unless the Agreement specifies otherwise.

If these Terms are translated into another language, the English version will prevail to the extent permitted by law.

Dispute Resolution

If a dispute arises, the parties will first try in good faith to resolve it by contacting each other in writing and negotiating for a period of thirty (30) days.

If the dispute is not resolved, it may be referred to the competent courts of the Emirate of Dubai, UAE. Nothing in this section prevents a consumer from contacting the competent consumer protection authorities in the UAE.

Contact Information

If you have questions about these Terms, please contact us:

• CompanyProdigioux
• Emailinfo@prodigioux.com
• Phone+971 50 408 8116
• Websiteprodigioux.com