Terms and Conditions

1. Introduction

Welcome to TheAzhari ("Company," "we," "us," or "our"). TheAzhari provides professional services in cybersecurity, software development, product engineering, and technology consultation ("Services") through its website located at theazhari.com ("Website").

By accessing our Website, placing an order, or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms and Conditions, Refund Policy, and Cancellation Policy (collectively, "Terms"). If you do not agree with any part of these Terms, you must not use our Website or Services.

2. Company information

TheAzhari is operated by TheAzhari Inc., a company registered in the United States.

3. Services offered

Services provided by TheAzhari include, but are not limited to:

Cybersecurity consulting, assessments, and solutions

Custom software and application development

Product engineering and architecture consulting

DevOps, cloud infrastructure, and deployment services

Technology strategy and management consulting

Services are provided on a project or retainer basis, or as otherwise agreed in a written service agreement or statement of work (SOW).

4. Service eligibility and restricted jurisdictions

By engaging our Services, you represent and warrant that you are legally permitted to enter into a binding agreement in your jurisdiction and that you are not located in, organized under the laws of, or a resident of any restricted jurisdiction.

We do not provide Services to individuals, entities, or organizations that are located in or operate from the following countries and regions, or that appear on applicable sanctions lists:

Afghanistan, Belarus, Burundi, Central African Republic, Chad, Congo Republic, Crimea, Cuba, Democratic Republic of the Congo, Donetsk People's Republic, Eritrea, Iraq, Iran, Libya, Lugansk People's Republic, Myanmar, North Korea, Somalia, South Sudan, Sudan, Syria, Russia, Region of Crimea, the Zaporizhzhia, Kherson, Luhansk and Donetsk oblasts in Ukraine, Venezuela, and Yemen.

Any orders placed from restricted jurisdictions will be rejected, and payments received will be refunded in full, minus any applicable transaction fees imposed by payment processors.

5. Orders and engagement process

Request submission: Clients submit a service request through our Website, email, or other official communication channels.

Scope definition: TheAzhari will provide a proposal, statement of work (SOW), or service agreement outlining the scope, deliverables, timeline, and pricing.

Acceptance: The engagement begins upon the Client's written acceptance (including email confirmation) of the proposal or SOW and receipt of the applicable payment.

Delivery: Services will be delivered in accordance with the agreed-upon timeline and milestones as defined in the SOW.

6. Pricing and payment terms

All prices are quoted in the currency specified in the proposal or invoice (USD, EUR, or AED).

Unless otherwise agreed, a non-refundable deposit may be required before work commences. The deposit amount will be specified in the SOW.

Payment schedules (milestone-based, monthly, or upon completion) will be defined in the SOW.

Late payments may incur a fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower.

All fees are exclusive of applicable taxes, duties, or levies, which shall be the responsibility of the Client unless otherwise stated.

7. Cancellation policy

7.1 Cancellation by the Client

Before work begins: If the Client cancels the engagement before any work has commenced, a full refund will be issued, minus any non-refundable deposit and applicable transaction fees.

After work has commenced: If the Client cancels after work has begun, the Client will be invoiced for all work completed up to the date of cancellation, including any resources allocated or third-party costs incurred. Any prepaid amounts exceeding the value of completed work will be refunded within 30 business days.

Notice requirement: Cancellation requests must be submitted in writing via email to the designated project contact or to [email protected].

7.2 Cancellation by TheAzhari

TheAzhari reserves the right to cancel or suspend an engagement under the following circumstances:

Non-payment or repeated late payment by the Client.

The Client's failure to provide required information, access, or cooperation necessary for service delivery.

Discovery that the Client operates from or is associated with a restricted jurisdiction.

Breach of these Terms by the Client.

Circumstances beyond our reasonable control (force majeure).

In the event of cancellation by TheAzhari due to a Client breach, the Client shall be liable for all work completed and expenses incurred. If TheAzhari initiates cancellation for reasons not attributable to the Client, a pro rata refund will be issued for any prepaid and undelivered Services.

8. Refund policy

8.1 General refund conditions

Due to the nature of professional services (cybersecurity, custom software development, and consultation), all Services are tailored to each Client's specific requirements. Refund eligibility is therefore assessed on a case-by-case basis, subject to the following guidelines:

Scenario Refund eligibility

Service not yet started; cancellation before commencementFull refund minus non-refundable deposit and transaction fees

Service partially deliveredRefund for undelivered portion only; completed work is billable

Service fully deliveredNo refund

Client dissatisfied with deliverablesSubject to revision process (see Section 8.2); no automatic refund

Client from a restricted jurisdiction (discovered post-payment)Full refund minus applicable transaction fees

Duplicate or erroneous paymentFull refund of the duplicate/erroneous amount

8.2 Revision and dispute resolution

If the Client is dissatisfied with any deliverable, the following process applies:

The Client must notify TheAzhari in writing within 14 calendar days of delivery, specifying the nature of the dissatisfaction with reasonable detail.

TheAzhari will review the concern and, if valid against the original scope and requirements, provide revisions at no additional charge.

Each engagement includes up to two (2) rounds of revisions within the original scope. Additional revisions or scope changes will be quoted separately.

If the matter remains unresolved after the revision process, both parties agree to attempt resolution through good-faith negotiation before pursuing any legal remedy.

8.3 Refund processing

Approved refunds will be processed within 30 business days of approval.

Refunds will be issued to the original payment method used for the transaction.

Transaction fees charged by payment processors or banks are non-refundable and will be deducted from the refund amount.

Currency conversion differences between the time of payment and the time of refund are the Client's responsibility.

9. Intellectual property

Upon full and final payment, the Client receives ownership of the custom deliverables produced specifically for the engagement, unless otherwise specified in the SOW.

TheAzhari retains ownership of all pre-existing intellectual property, proprietary tools, frameworks, libraries, and methodologies used in the delivery of Services.

TheAzhari reserves the right to reuse general knowledge, techniques, and non-client-specific components developed during the engagement.

10. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and sensitive information disclosed during the engagement. This obligation survives the termination or completion of the engagement. Specific confidentiality terms may be detailed in a separate Non-Disclosure Agreement (NDA) if required.

11. Limitation of liability

TheAzhari's total liability for any claim arising from or related to the Services shall not exceed the total amount paid by the Client for the specific engagement giving rise to the claim.

TheAzhari shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, data, profits, or business opportunities.

TheAzhari does not guarantee specific business outcomes, revenue increases, or security immunity as a result of the Services provided.

12. Warranties and disclaimers

TheAzhari warrants that all Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Beyond this warranty:

Services are provided "as is" upon delivery and acceptance.

TheAzhari makes no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement, except as explicitly stated in the SOW.

Any warranty claims must be raised within 30 calendar days of the delivery of the relevant deliverable.

13. Force majeure

Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, sanctions, pandemics, natural disasters, government actions, internet or infrastructure failures, or cyberattacks. The affected party will promptly notify the other party, and both parties will work in good faith to mitigate the impact.

14. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States.

Any disputes not resolved through negotiation shall be submitted to the competent courts of the State of Delaware.

15. Amendments

TheAzhari reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our Website or Services after any changes constitutes acceptance of the revised Terms. For active engagements, material changes will be communicated directly to the Client.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

17. Entire agreement

These Terms, together with any SOW, proposal, NDA, or other written agreement executed between the parties, constitute the entire agreement between the Client and TheAzhari with respect to the subject matter hereof and supersede all prior or contemporaneous communications, whether written or oral.

18. Contact information

For questions, cancellation requests, refund inquiries, or any concerns regarding these Terms, please contact us:

Email[email protected]

Websitetheazhari.com

Terms and Conditions, Refund and Cancellation Policy