Terms of Service

1. About these terms 

These Terms of Service govern your use of jmarketing.ae (the “Site”), operated by JMarketing Limited, registered in Abu Dhabi, United Arab Emirates, licence number MC 13174. 

We operate alongside JMARKETING, registered in Ontario, Canada, business identification number 300923216. In these terms, “JMarketing”, “we”, “us” and “our” mean whichever of those entities is relevant in context, and both where the context requires. 

By using the Site, you agree to these terms. If you do not agree, please do not use the Site. 

Sections 1 to 9 apply to everyone who uses the Site. Sections 10 to 15 apply in addition if you engage us for services. Sections 16 to 18 apply in both cases. 

2. Changes to these terms 

We may update these Terms of Service. The version published on this page at the time you use the Site is the version that applies. Material changes will be reflected in the “last updated” date above. 

3. Using the Site 

The Site is intended for business users aged 18 or over. You agree to use it lawfully and not to: 

a. Break any law or regulation, or infringe anyone’s rights  

b. Use the Site for any fraudulent or unauthorized purpose  

c. Interfere with, disrupt, or attempt to gain unauthorized access to the Site or the systems behind it  

d. Harass, threaten, or abuse any person  

e. Impersonate anyone or misrepresent your affiliation with any organization  

f. Upload or transmit malware, viruses, or any other harmful code  

g. Use bots, scrapers, or automated data-gathering tools without our written permission  

h. Use the Site or its contents to train an artificial intelligence or machine learning model without our written permission  

i. Do anything that interferes with another person’s use of the Site 

4. Our intellectual property 

The content of the Site, including text, graphics, images, logos, icons, video, software, and the selection and arrangement of it, is owned by JMarketing or its licensors and is protected by copyright and other laws in Canada, the United Arab Emirates, and internationally. 

You may view and download material from the Site for your own personal, non-commercial use. Any other copying, reproduction, modification, distribution, republication, or creation of derivative works requires our prior written permission. 

“JMarketing”, “JMarketing Limited”, “JMKTG”, thejmarketing.com, jmarketing.ae, and our logos are trademarks or trade names of JMarketing. Using them without our written consent is prohibited. 

Third-party names, logos, and trademarks on the Site remain the property of their owners and appear with permission or under fair dealing. 

If you believe your intellectual property rights have been infringed on this Site, contact hello@thejmarketing.com with details, and we will investigate. 

5. Content you send us 

If you send us content through the Site, by email, or otherwise (“Your Content”), you keep ownership of it. You grant us a non-exclusive, worldwide, royalty-free licence to use, store, and reproduce Your Content as necessary to respond to you and to provide the services you have asked for. 

You confirm that you have the right to send us Your Content and that it does not infringe anyone else’s rights or break any law. 

Do not send us confidential information through the Site’s public forms. If you need to share something confidential, contact us and we will arrange a secure method. 

6. Third-party links

The Site links to websites we do not operate. We are not responsible for their content, their security, or how they handle your information. Links are not endorsements. 

7. Availability 

We try to keep the Site available but do not guarantee uninterrupted access. We may suspend, withdraw, or change all or part of the Site without notice. We are not liable for any loss arising from the Site being unavailable. 

8. Disclaimer 

The Site and its content are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be error-free, uninterrupted, secure, or free from harmful components. 

Content on the Site is general information, not professional advice. Do not rely on it as a substitute for advice specific to your situation. 

9. Limitation of liability 

Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud. 

Subject to that, we are not liable for any indirect, incidental, special, or consequential loss arising from your use of the Site, including loss of profit, goodwill, data, or business opportunity. 

Subject to the above, our total liability arising from or in connection with an engagement is limited to the total fees paid by you to us for that engagement in the twelve (12) months before the claim arose. 

10. Services: how these Terms fit with your agreement 

Sections 10 to 15 apply if you engage JMarketing for services. 

If you have signed a proposal, statement of work, quotation, or services agreement with us, that document takes precedence over these terms where they conflict. These Terms fill any gaps and apply where no signed agreement exists. 

11. Scope of our services 

We provide creative, design, strategic, and marketing services. Specifically, our services are strategy, design and conceptualization. Unless we have agreed otherwise in writing, our work ends upon delivery of approved designs, artwork, and production-ready files. 

We do not provide, and are not responsible for: 

• Printing, fabrication, manufacture, installation, or physical build of any item we design, including point-of-sale materials, displays, stands, and event structures 

• Staffing, running, or supervising activations, events, or in-store programs 

• Media buying, ad placement, or media spend, unless separately agreed 

• Managed IT services, cybersecurity monitoring, or enterprise infrastructure 

• Processing of regulated data, or access to client internal systems, unless expressly agreed in writing 

Where a project is produced or executed by a third party, we may prepare technical drawings, dielines, specifications, and artwork for that party’s use, and remain available to answer questions during production. The party that produces or installs the finished physical item is responsible for its build quality and installation. 

Web hosting and maintenance. Where we provide website hosting or maintenance, we do so through commercially managed third-party platforms. We do not operate proprietary hosting infrastructure. The scope, service levels, and term are set out in the applicable plan or agreement. 

12. Client responsibilities 

You agree to: 

• Provide briefs, materials, approvals, and feedback in a reasonable time 

• Confirm that any materials you give us, including logos, images, fonts, copy, and data, are ones you own or are licensed to use, and to indemnify us against any third-party claim arising from them 

• Check proofs carefully for accuracy and completeness 

• Not send us highly sensitive personal data, financial account information, health records, or government-issued identifiers unless expressly agreed in writing 

Delays in providing materials or approvals may move delivery dates and, where they cause us to hold capacity, may attract additional charges. 

13. Approvals and proofs 

All artwork must be approved in writing before release. Approval is given by returning our approval form marked “Approved” or “Changes Required”, signed and dated, or by written confirmation by email. 

Once you approve a proof, we are not responsible for errors it contains, including wording, spelling, punctuation, capitalization, colour, font, image selection, or layout. 

We are not responsible for errors where:  

a. Work was released with your approval  

b. Changes were communicated verbally rather than in writing  

c. You did not return the approval sheet indicating changes  

d. You instructed us to proceed without proof approval 

Screens display colour differently. Digital proofs do not represent exact final print colour. If colour accuracy matters, request a physical proof from your production partner before the run. 

Changes beyond the agreed specification are additional work and are charged at our current rates. 

14. Intellectual property in the work 

Ownership on payment. On full payment of all fees due, ownership of the final approved deliverables transfers to you, for the uses set out in the relevant proposal or agreement. 

Source files. Working and source files, including layered Photoshop, Illustrator, InDesign, After Effects, and 3D files, are not included and remain our property unless the agreement says otherwise. If you want them, we can transfer them for an agreed additional fee. 

Our tools and methods. We keep ownership of the know-how, templates, processes, and generic elements we use across projects. 

Third-party assets. Stock imagery, fonts, music, and similar licensed assets are supplied under their owners’ licence terms. Those licences pass to you only to the extent permitted. You are responsible for extending a licence for a new use or territory unless we agree otherwise. 

Concepts not selected. Concepts you did not select remain ours. 

Portfolio. We may display work we have created for you in our portfolio, website, social media, and proposals. If you would rather we didn’t, tell us in writing and we will not. Where work is confidential or under embargo, tell us the date after which it may be shown. 

Our designs are protected by copyright law in Canada, the UAE, and internationally. 

15. Fees, cancellation, and refunds 

Fees. The applicable proposal or quotation sets out fees, currency, and the payment schedule. Unless agreed otherwise in writing, fees exclude taxes, including UAE VAT and Canadian GST/HST, which are added where applicable. Fees also exclude third-party costs such as printing, stock licences, hosting, and domain fees, which we pass through at cost or invoice separately. 

Payment terms. Unless agreed otherwise in writing, invoices are payable within thirty (30) days. Late payments may attract interest, and we may suspend work on overdue accounts after written notice. 

Cancellation. Unless agreed otherwise in writing, either party may terminate an engagement on thirty (30) days’ written notice. On termination, you pay for all work completed and all committed third-party costs up to the termination date. 

Dormant projects. If a project is inactive for more than sixty (60) days and you do not respond to two written requests to restart it, we may close the engagement. We will invoice for work completed and refund amounts paid for work not yet started. 

Refunds. Unless agreed otherwise in writing: 

• Deposits and payments made are non-refundable once work has started. 

• If you cancel in writing within three (3) business days of signing, and before we have started work, we will refund amounts paid in full. 

• We do not offer refunds for work already delivered, work in progress, or third-party costs already committed. 

• If we fail to deliver what we agreed, we may offer a full or partial refund at our discretion. 

• For recurring plans, including maintenance, hosting, social media, and SEO, cancel in writing with thirty (30) days’ notice. We do not offer refunds for the remainder of the current billing period. 

• Refunds, if applicable, take up to 30 days to process. 

16. Governing law and jurisdiction 

Where your agreement is with JMarketing Limited, these terms and any dispute arising from them are governed by the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi, and the courts of Abu Dhabi have exclusive jurisdiction. 

Where your agreement is with JMARKETING,  these terms and any dispute arising from them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, and the courts of Ontario have exclusive jurisdiction. 

Where no services agreement exists, use of this Site is governed by the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi. 

17. General 

Confidentiality. Each party will keep the other’s confidential information confidential and use it only for the purposes of the engagement. This obligation continues for three years after the engagement ends. It does not apply to information that is public, already known, or independently developed. 

Subcontractors. We may use subcontractors and freelancers. We remain responsible for their work and bind them to equivalent confidentiality obligations. 

Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemic, government action, utility or telecommunications failure, or the failure of a third-party platform. 

Assignment. You may not assign your rights or obligations without our written consent. We may transfer our rights and obligations to any entity that continues our business, including on incorporation, restructuring, or sale of the business, and we will tell you if that happens. 

Entire agreement. These Terms, together with any signed proposal, statement of work, or services agreement, are the entire agreement between us and replace any earlier discussion or representation. 

Severability. If any part of these Terms is found unenforceable, the rest remains in effect. 

No waiver. If we do not enforce a right, that does not waive it. 

Notices. Notices to us go to hello@thejmarketing.com and to our registered address. Notices to you go to the email and address in your proposal. 

Language. These Terms are written in English. If translated, the English version prevails. 

18. Contact 

If you have any questions about these Terms, you can contact us at hello@thejmarketing.com. We can provide a postal address for either entity upon request.