Terms & Conditions
Updated 1st June,2022.
BY CLICKING ON THE “ACCEPT” BUTTON OR ACCESSING OR OTHERWISE USING THE PLATFORM SERVICES AND/OR THE SITE, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND BIND YOURSELF TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY YOU IS SUBJECT TO SUCH TERMS AND CONDITIONS, including that you consent to our Payment Terms, Privacy Policy, which are incorporated herein by reference and each of which may be updated from time to time without notice to you. If you do not agree to these terms or are not authorized to bind yourself, do not register with us and you are not permitted to use the Site or the Platform Services. All other uses of the Site or the Platform Services are prohibited.
1. MyBiz
MyBiz is a global legal marketplace and platform solution for clients (also known as site users) to find, hire & manage Service Providers available in the market for business services. MyBiz offers a range of services (the “Platform Services”) through www.makemybiz.app (the “Site”). These services include connecting clients with service providers to provide business services, including on-demand specialist expertise or local PRO and commercial documentation support (e.g. attested documents, translation etc.),
a. MyBiz is not a staffing firm or a PRO firm. MyBiz offers clients access to a broad pool of business talent and services via the Site. The service providers that MyBiz connects Client with through the Site (the “Platform Service Providers”) are service providers who may perform business services (the “Business Services”) for Client. They operate independently from MyBiz and are not employees, consultants, or agents of MyBiz. Though an attorney-client relationship between Client and a Platform Service Provider may be formed through the use of the Platform Services, such use does not automatically form such a relationship between Client and any Platform Service Provider.
b. MyBiz helps Client connect with Platform Service providers and manage the use of, and payment for, their services, but MyBiz will never provide legal advice or analysis to Client. No attorney-client relationship will ever be created between Client and MyBiz. Though all Client communications with MyBiz are protected by MyBiz Privacy Policy and incorporated herein by reference, they are not attorney work-product and are not protected under any privilege (including attorney-client privilege).
c. MyBiz is not a provider referral service. MyBiz works hard to select and vet the Platform Service providers but does not recommend any individual Platform Service Provider for any specific legal request. Client acknowledges and agrees that MyBiz does not select, endorse, or recommend any individual Platform Service Provider for any specific request.
2. Platform Services
In connection with using the Platform Services, Client understands that:
a. Eligibility. Client represents and warrants that Client is fully authorized to enter into this Agreement. If Client is representing a larger business entity (the "Entity"), Client also represents and warrants that Client is fully authorized to enter into this Agreement on behalf of the Entity. MyBiz may, in our sole discretion, refuse to offer the Platform Services to any person or Entity and change our eligibility criteria at any time. Client is solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to Client and the right to access the Platform Services is revoked where this Agreement or use of the Platform Services is prohibited or to the extent that offering, sale or provision of the Platform Services conflicts with any applicable law, rule or regulation. The Platform Services are offered only for Client’s use, and not for the use or benefit of any third party unrelated to Client or Client’s Entity.
b. Registration. To use the Platform Services, Client must register for, or authorize MyBiz to create for Client, an account on the Platform Services (an “Account”). Client must provide accurate and complete information and keep Client’s Account information updated. Client is solely responsible for the activity that occurs on Client’s Account, including keeping the Account password secure. Client must notify MyBiz immediately of any breach of security or unauthorized use of Client’s Account. Client shall have the ability to delete its Account, either directly or through a request made to a MyBiz representative.
c. Platform Services. Following the registration or creation of an Account for Client, the process for Client to access Business Services is:
i. Client submits a request through online booking via app directly to a service provider and pay for provider fees only. myBiz doesn’t charge any additional fees to the Client for the use of site or any other reason.
ii. If Service Provider is able to provide Client with Services with respect to the request, professional will accept the request to confirm the booking and will provide Client with a cost proposal (“Proposal”) via the Site or apps. The Proposal will be based on the information Client provides in the booking form and will display the names of, and information regarding, Service providers who may be able to provide the Services that Client is seeking.
iii. On receipt of a Proposal, Client may view the profiles and pricing of, and message and schedule calls or meetings with, the Platform Service providers included in the Proposal, and the Platform Service providers may send formal agreement to Client for the requested Services (each a “Formal Agreement”). Formal Agreement will include the Platform Service Provider’s rate (“Rate”) and billing terms for the Legal Services. The Rate will include the Platform Service Provider’s legal fee only and is the total amount that Client will pay for the Platform Service Provider’s services via MyBiz, other than any disbursements. Disbursements incurred by Platform Service Provider in connection with the Business Services, if any, are not included in the Rate and will be billed to Client separately.
iv. If Client chooses to engage a Platform Service Provider for the Business Services, Client will accept the Platform Service Provider’s Formal Agreement via the Site. The terms of the Platform Service Provider’s engagement, including the Rate and billing terms, will be as set forth in the Formal Agreement. All such terms and policies set forth in the Formal Agreement are incorporated into this Agreement. The Platform Service Provider engaged by Client may also elect to provide Client with a separate engagement letter pertaining to Business Services provided to Client.
v. For any Platform Service Provider hired by Client through the Site, Client and Platform Service Provider may use the project management and communication tools (e.g. messaging, call scheduling, document sharing) available to Client and Platform Service Provider through the Site and will otherwise work directly to complete the Business Services.
d. Outside Provider Engagement. If Client engages as outside provider other than Platform Service Provider who appears in a Proposal sent by MyBiz within two (2) years of: (i) the date the Proposal is sent; or (ii) the date the last work is performed by the Platform Service Provider for Client, whichever is later, Client must engage that provider through the Site, unless Client had previously been introduced to that provider outside of the Platform Services and notifies MyBiz, in writing, within ten (10) business days of the date the Proposal is first sent.
e. Right of Refusal. MyBiz may not be able to provide the Platform Services for every legal matter. MyBiz reserves the right, in its sole discretion, not to provide Platform Services for any specific legal matter.
3. Invoicing and Authorizations
a. Invoicing. Platform Service providers hired by Client through the Site will prepare invoices for work performed for Client (“Paid Services”). Invoices will be sent to Client through the Site. Any dispute relating to the content of such invoices or the legal matters covered therein, will be addressed between Client and Platform Service Provider.
b. Authorization. Client authorizes MyBiz to charge Client for Paid Services using the payment information submitted through the Site (Client’s “Payment Method”), which Client represents and warrants is current, complete, and accurate information. Changes to such information can be made directly by contacting a MyBiz representative or through Client’s Account. If Client fails to provide any of the foregoing information, Client agrees that MyBiz may continue charging Client for any use of Paid Services under Client’s Account unless Client has terminated the Paid Services.
c. Payment Processor. MyBiz uses a third-party payment processor (the “Payment Processor”), to bill Client through the Payment Method linked to Client’s Account for use of the Paid Services. By making use of these payment services on the Site, Client agrees to be bound by Payment Processor's Connected Account Agreement and hereby consents and authorizes MyBiz to delegate the authorizations and share the information Client provides to MyBiz with any third-party service provider to the extent required to provide the Paid Services.
d. Payment Method. The terms of Client’s payment will be based on Client’s Payment Method and may be determined by agreements between Client and the financial institution, credit card issuer, or other provider of Client’s chosen Payment Method. If MyBiz, through Payment Processor, does not receive payment from Client, Client agrees to pay all amounts due on Client’s Account upon demand.
e. Reaffirmation of Authorization. Client’s non-termination or continued use of the Paid Services reaffirms that MyBiz is authorized to charge Client’s Payment Method for such Paid Services. MyBiz may submit those charges for payment and Client will be responsible for such charges. This does not waive MyBiz right to seek payment directly from Client.
4. Content
a. Client Content. All information and content submitted to the Platform Services by Client (collectively “Client Content”) is the sole responsibility of Client. Client agrees that it will not under any circumstances transmit any Client Content that (i) is unlawful or promotes unlawful activities; (ii) defames, harasses, abuses, threatens or incites violence toward any individual or group; (iii) is pornographic, discriminatory or otherwise victimizes or intimidates any individual group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation or any form of lottery or gambling; (v) contains or installs any viruses, worms, malware, trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights; (vii) impersonates any person or entity, including any employee or representative of MyBiz; or (viii) violates the privacy of any third party. If any of such Client Content is subpoenaed, MyBiz shall give Client prior notice in order for Client to be able to contest such subpoena order.
b. MyBiz Content. The Platform Services may contain content specifically provided by MyBiz or MyBiz partners (“MyBiz Content”) and such MyBiz Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Client shall abide by and maintain all copyright notices, information, and restrictions contained in any MyBiz Content accessed through the Platform Services. Subject to this Agreement, MyBiz grants each user of the Platform Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) MyBiz Content solely for purposes of using the Platform Services. Use, reproduction, modification, distribution or storage of any MyBiz Content for purposes other than using the Platform Services is expressly prohibited without prior written permission from MyBiz.
5. Termination
a. Either party may cancel the Agreement for convenience as per mutually agreed terms with no obligation to MyBiz.
b. Any termination of Agreement has no effect on the provision of currently effective Business Services between Client and any Platform Service Provider or the attorney-client relationship between Client and any Platform Service Provider. Further, such a termination would not affect Client’s access to or ownership of any attorney-client communications between Client and any Platform Service Provider or documents created for Client by any Platform Service Provider.
c. Any fees paid hereunder are non-refundable. Client remains obligated to pay any fees accrued but not yet paid at the time of termination. All provisions of Agreement which by their nature should survive termination will survive termination, including, without limitation, payment obligations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Representations and Warranties
a. Each of MyBiz and Client represents and warrants that it is fully authorized to enter into this Agreement.
b. Client is solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to Client. The right to access the Platform Services is revoked where this Agreement or use of the Platform Services is prohibited or to the extent that offering, sale or provision of the Platform Services conflicts with any applicable law, rule or regulation. The Platform Services are offered only for Client’s use, and not for the use or benefit of any third party unrelated to Client.
7. Warranty Disclaimer
a. Client releases MyBiz from all liability from having acquired or not acquired the Platform Services or Legal Services. Client releases MyBiz from all liability arising from any claims regarding Client’s relationship with any Platform Service Provider and the Legal Services Client obtains from any Platform Service Provider, including but not limited to any and all malpractice claims. MyBiz make no representations concerning any aspect of Legal Services provided by any Platform Service Provider.
b. EXCEPT AS EXPRESSLY SET FORTH IN SECTION VII OF THIS AGREEMENT, THE PLATFORM SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MYBIZ, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (1) THE PLATFORM SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT AVAILABLE AT OR THROUGH THE PLATFORM SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE PLATFORM SERVICES WILL MEET CLIENT’S REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. CLIENT’S USE OF THE PLATFORM SERVICES IS SOLELY AT CLIENT’S OWN RISK.
8. Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Platform Services, Legal Services, Content, or otherwise from your User Content, or violation of this Agreement, provided that any indemnity in this Section with regard to Legal Services excludes any aspect of the Legal Services that MyBiz does not and cannot access, including but not limited to privileged communications between you and your Participating Platform Lawyer. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
9. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PRECEDING SIX (6) MONTH PERIOD.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Dubai, including its conflicts of law rules, and the United Arab Emirates. Client agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Dubai, United Arab Emirates.
11. Modification
We reserve the right, in our sole discretion, to modify or replace any of this Agreement, or change, suspend, or discontinue the Platform Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Platform Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Platform Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this Agreement periodically for changes. Your continued use of the Platform Services following notification of any changes to this Agreement constitutes acceptance of those changes.
12. Miscellaneous
a. Entire Agreement and Severability. This Agreement is the entire agreement between Client and MyBiz with respect to the Platform Services, including use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Client and MyBiz with respect to the Platform Services. In particular, this Agreement shall control over, and this Agreement shall not be deemed modified by, either party’s use of any order form, purchase order, acknowledgement, license , terms of service, terms of use, or other form containing additional or different terms. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
b. Force Majeure. MyBiz shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyBiz reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Assignment. This Agreement is personal to Client, and is not assignable, transferable or sublicensable by Client except with MyBiz prior written consent. MyBiz may assign, transfer or delegate any of its rights and obligations hereunder without Client’s consent.
d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
e. Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Written notice to MyBiz should be sent to the following address: Office 1301, Al Musalla Tower, Bur Dubai, Dubai, UAE. Electronic notices should be sent to mybiz@xpertsmatrix.com.
f. No Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that such party will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, MyBiz must provide Client with written notice of such waiver through an authorized representative.
g. Headings. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.