Terms & Conditions
Please read these terms carefully before engaging our services. They form the basis of the agreement between you and Zephyr AFK.
ZEPHYR AFK MARKETING & CONSULTING - FZCO
License No. 86388
Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates
Last Updated: July 2026
1. Introduction and Acceptance
These Terms and Conditions ("Terms") govern the provision of services by ZEPHYR AFK MARKETING & CONSULTING - FZCO, a Free Zone Company incorporated in the Dubai Integrated Economic Zones (DIEZ), UAE, under License No. 86388, with its registered office at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, UAE. By engaging our services, signing a proposal or statement of work, making payment, or otherwise instructing us to commence work, you (the "Client") agree to be bound by these Terms in their entirety. These Terms, together with any applicable proposal, quotation, or statement of work ("SOW"), constitute the entire agreement between the parties. In the event of a conflict between these Terms and an SOW, the SOW shall prevail solely with respect to the specific engagement it covers. We reserve the right to amend these Terms at any time. The version in force at the date of engagement shall apply to that engagement.
2. Services
Zephyr AFK provides the following services: (a) Marketing Management — End-to-end marketing strategy and management, from brand positioning to campaign execution, handled by senior specialists. (b) Social Media — Platform-native content creation, community management, and growth strategies tailored to the Client's audience across major social channels. (c) AI Automation — Intelligent automation pipelines designed to streamline lead generation, content workflows, and customer engagement at scale. (d) Performance Media — Data-driven paid media campaigns optimised for measurable outcomes across major advertising platforms. Remote Delivery: All Services are performed and managed remotely. No on-site presence forms part of the Services unless expressly agreed in writing in an SOW. Any services outside the agreed scope shall be treated as additional work and billed separately, subject to prior written approval by the Client.
3. Client Obligations
The Client shall: (a) provide timely access to all information, materials, brand assets, accounts, credentials, and approvals reasonably required; (b) ensure all materials supplied are accurate, lawful, and do not infringe third-party rights; (c) designate an authorised point of contact; (d) review and approve deliverables within timeframes specified in the SOW (or within five business days if none specified); (e) comply with the terms of service of all third-party platforms; and (f) pay all invoices in accordance with Clause 4. Delays caused by the Client's failure to fulfil its obligations shall extend delivery timelines and shall not entitle the Client to any refund or compensation.
4. Fees, Payment, and Taxes
Fees are as set out in the relevant SOW or proposal. All fees are exclusive of UAE VAT, which shall be added where applicable. Unless otherwise agreed: project-based fees are payable in advance; retainer fees are payable monthly in advance on or before the first day of each service month; third-party costs are payable directly by the Client. Invoices are due within seven (7) days of issue. Late payments may incur interest at 1% per month and we reserve the right to suspend Services until outstanding amounts are settled. All fees paid are non-refundable, except where expressly stated otherwise or required by applicable UAE law.
5. No Guarantee of Results
Marketing, advertising, social media, and automation outcomes depend on numerous factors outside our control, including platform algorithms, market conditions, competition, audience behaviour, and the Client's own products and reputation. While we apply professional skill and industry best practices, we do not guarantee any specific results, including follower growth, engagement rates, lead volumes, conversion rates, rankings, revenue, or return on ad spend, unless expressly guaranteed in writing in an SOW. Estimates, projections, and benchmarks provided by us are indicative only and do not constitute warranties or commitments.
6. Third-Party Platforms and Tools
The Services rely on third-party platforms, advertising networks, software, and AI tools that we do not own or control. We are not liable for: changes to platform algorithms, policies, features, or APIs; suspension or restriction of the Client's accounts by any third-party platform; downtime, errors, or malfunctions of third-party services; or content moderation decisions made by third-party platforms. Account bans, ad disapprovals, and policy enforcement actions are decisions of the respective platforms and are outside our control.
7. Intellectual Property
Client Materials: The Client retains all rights in materials supplied. The Client grants us a non-exclusive licence to use such materials solely for performing the Services. Deliverables: Upon receipt of full payment, ownership of final deliverables created specifically for the Client shall transfer to the Client, excluding Pre-Existing Materials. Pre-Existing Materials: We retain all rights in our pre-existing intellectual property, including methodologies, frameworks, templates, automation architectures, prompts, and code libraries. Where incorporated into deliverables, we grant a non-exclusive, non-transferable licence for the Client's internal business purposes. Portfolio Rights: Unless the Client objects in writing, we may reference the Client's name, logo, and non-confidential work outcomes in our portfolio and marketing materials.
8. Confidentiality
Each party shall keep confidential all non-public information disclosed by the other party in connection with the Agreement and shall use it solely for the purpose of performing or receiving the Services. This obligation does not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law. This Clause survives termination of the Agreement for a period of three (3) years.
9. Data Protection
Each party shall comply with applicable data protection laws, including UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) and, where applicable, the EU General Data Protection Regulation (GDPR). Where we process personal data on behalf of the Client, we do so only on the Client's documented instructions and shall implement appropriate technical and organisational measures to protect such data. The Client warrants that it has all necessary rights, consents, and lawful bases to share personal data with us.
10. Limitation of Liability
Nothing in these Terms excludes liability for fraud, wilful misconduct, gross negligence, or any liability that cannot be excluded under applicable UAE law. Our total aggregate liability shall not exceed the total fees actually paid by the Client in the three (3) months immediately preceding the event giving rise to the claim. We shall not be liable for any indirect, incidental, special, punitive, or consequential loss, including loss of profits, revenue, business, goodwill, data, or anticipated savings. Any claim against us must be notified in writing within six (6) months of the event, failing which it shall be deemed waived.
11. Force Majeure
Neither party shall be liable for failure or delay caused by events beyond reasonable control, including acts of God, natural disasters, war, terrorism, governmental actions, labour disputes, failure of internet or telecommunications infrastructure, or cyberattacks. The affected party shall promptly notify the other and use reasonable efforts to mitigate effects. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the affected SOW by written notice, with the Client paying for all Services performed to date.
12. Term, Suspension, and Termination
The Agreement commences on the date of acceptance and continues until completion of the Services or termination in accordance with this Clause. Retainer engagements may be terminated by either party with thirty (30) days' prior written notice, unless a minimum term is specified in the SOW. Either party may terminate immediately if the other commits a material breach not remedied within fourteen (14) days of written notice, or becomes insolvent. We may suspend Services immediately if any invoice remains unpaid, or if the Client's instructions would require us to breach applicable law. Upon termination, all outstanding fees become immediately due and payable.
13. General Provisions
Independent Contractor: We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Non-Solicitation: During the Agreement and for twelve (12) months thereafter, the Client shall not solicit or hire any employee or contractor of Zephyr AFK without our prior written consent. Assignment: The Client may not assign the Agreement without our prior written consent. We may subcontract portions of the Services to qualified third parties. Notices: Formal notices shall be sent by email to info@zephyrafk.com and shall be deemed received on the next business day. Severability and Waiver: If any provision is held invalid, the remaining provisions continue in full force. No failure to exercise any right operates as a waiver.
14. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. The parties shall first attempt to resolve any dispute amicably through good-faith negotiations within thirty (30) days of written notice. Failing amicable resolution, the dispute shall be subject to the exclusive jurisdiction of the Courts of Dubai, United Arab Emirates.
15. Contact
For any questions regarding these Terms or our Services, please contact us using the details below.
ZEPHYR AFK MARKETING & CONSULTING - FZCO
License No. 86388
Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates
info@zephyrafk.com© 2026 Zephyr AFK. All rights reserved.