Terms & Conditions
Space Elephant Creative Agency — Last updated: April 2025
1. Definitions
- "Agency" refers to Space Elephant Creative Agency, registered and operating in Dubai, UAE.
- "Client" refers to any individual, company, or entity engaging the Agency for services.
- "Services" refers to all creative, digital, branding, web development, video production, AI solutions, and marketing services provided by the Agency.
- "Deliverables" refers to all work products, designs, files, code, content, and materials produced by the Agency for the Client.
- "Agreement" refers to any signed proposal, contract, or statement of work between the Agency and the Client, together with these Terms & Conditions.
2. Scope of Services
The Agency provides creative and digital services including but not limited to:
The specific scope, timeline, and deliverables for each project will be outlined in a signed proposal or statement of work. Any work outside the agreed scope will require a separate agreement and may incur additional charges.
3. Proposals & Acceptance
All proposals and quotations provided by the Agency are valid for 30 days from the date of issue unless otherwise stated.
A project is considered accepted and binding when the Client signs the proposal, returns a written confirmation (including email), or makes the initial payment — whichever occurs first.
Verbal agreements or informal discussions do not constitute a binding engagement.
4. Payment Terms
Unless otherwise specified in the Agreement:
50%
Upfront deposit before work begins
25%
At midpoint / first draft delivery
25%
Upon final delivery
All invoices are due within 14 days of issue. Late payments may incur a fee of 1.5% per month on the outstanding balance.
All prices are quoted in AED (UAE Dirhams) unless otherwise agreed, and are exclusive of VAT (5%) where applicable.
The Agency reserves the right to pause or suspend work on any project with outstanding payments until the balance is cleared.
5. Revisions & Amendments
Each project includes a defined number of revision rounds as specified in the proposal (typically 2–3 rounds).
Revisions refer to minor modifications to the approved creative direction. Significant changes in scope, direction, or concept after approval constitute new work and will be quoted separately.
Additional revision rounds beyond the agreed number will be billed at the Agency's standard hourly rate.
Feedback and revision requests must be consolidated and submitted in writing. Piecemeal or contradictory feedback may delay timelines.
6. Intellectual Property
Before Final Payment: All deliverables, designs, source files, and work products remain the exclusive property of the Agency until full payment has been received.
After Final Payment: Upon receipt of full payment, the Client receives full ownership and rights to the final approved deliverables as specified in the Agreement.
Portfolio Rights: The Agency retains the right to showcase completed work in its portfolio, website, social media, awards submissions, and marketing materials unless a Non-Disclosure Agreement (NDA) is in place.
Third-Party Assets: Any stock images, fonts, plugins, or licensed assets used in deliverables are subject to their respective licence terms. The Agency will inform the Client of any ongoing licence obligations.
Pre-existing IP: Any tools, frameworks, templates, or proprietary methodologies developed by the Agency prior to or outside of the project remain the Agency's property and are licensed (not transferred) for the Client's use.
7. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information exchanged during the engagement, including but not limited to business strategies, financial data, trade secrets, and unpublished creative work.
This obligation survives the termination of the Agreement and remains in effect for a period of 2 years after the end of the engagement, unless a separate NDA specifies otherwise.
8. Timelines & Delivery
Estimated timelines are provided in good faith based on the agreed scope and are contingent on timely Client feedback, content provision, and approvals.
Delays caused by the Client (including late feedback, missing assets, or scope changes) will adjust the project timeline accordingly. The Agency is not liable for delays arising from Client-side dependencies.
The Agency will communicate any anticipated delays as soon as reasonably possible.
9. Client Responsibilities
The Client agrees to:
- Provide accurate and complete information, content, and assets required for the project in a timely manner
- Designate a single point of contact for approvals and feedback
- Review and provide consolidated feedback within the agreed timeframes
- Ensure that all materials provided to the Agency do not infringe on any third-party intellectual property rights
- Obtain all necessary permissions and licences for any Client-supplied content
10. Termination & Cancellation
Either party may terminate the Agreement by providing 14 days' written notice.
If the Client terminates: The Client shall pay for all work completed up to the date of termination, including any committed third-party costs. The upfront deposit is non-refundable.
If the Agency terminates: The Agency will deliver all work completed to date and refund any fees paid for undelivered work, less costs already incurred.
In the event of termination, the Client does not receive ownership of incomplete or unapproved work unless full payment for that phase has been made.
11. Limitation of Liability
The Agency's total liability under any Agreement shall not exceed the total fees paid by the Client for the specific project in question.
The Agency shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of revenue, profit, data, or business opportunities.
The Agency is not responsible for results or outcomes of marketing campaigns, SEO rankings, or business performance, as these depend on numerous external factors beyond the Agency's control.
The Client is responsible for reviewing and approving all deliverables before publication or deployment. The Agency is not liable for errors in Client-approved materials.
12. Website & Hosting
Unless included in the Agreement, hosting, domain registration, SSL certificates, and ongoing maintenance are the Client's responsibility.
The Agency is not liable for website downtime, data loss, or security breaches caused by the Client's hosting provider, third-party plugins, or unauthorised modifications to delivered code.
Post-launch support and maintenance, if required, will be provided under a separate maintenance agreement.
13. Force Majeure
Neither party shall be liable for failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, government actions, power failures, or internet outages.
14. Governing Law & Dispute Resolution
These Terms & Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates.
Any disputes arising from or in connection with these terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to the competent courts of Dubai, UAE.
15. Amendments to These Terms
The Agency reserves the right to update these Terms & Conditions at any time. Changes will be posted on this page with the updated date. Continued use of our website or services constitutes acceptance of the revised terms.
For existing projects, the terms in effect at the time of signing the Agreement shall apply unless both parties agree in writing to adopt updated terms.
hello@thespaceelephant.com
Office
Oasis Centre - SZR, Office 18, 3rd Floor - Dubai
Call
+971 52 597 3964
Questions about our terms?
If you have any questions regarding these Terms & Conditions, please don't hesitate to reach out. We're happy to clarify anything before we begin working together.
Get in Touch