Legal Agreement - Professional Standards & Service Terms
These Terms of Service ("Terms") constitute a binding legal agreement between you and Zakian Surveying & Appraisal Services L.L.C. ("Company," "we," "us," "our," or "Zakian Surveyors"), a professional surveying, appraisal, loss adjusting, inspection, and consultancy services company headquartered in Dubai, United Arab Emirates. By accessing our website, requesting quotations, engaging our services, or providing any information to us, you agree to be legally bound by these Terms in their entirety. If you do not accept these Terms, you must immediately cease access to our website and discontinue any business with us.
The Company provides comprehensive marine and non-marine surveying, appraisal, inspection, loss adjusting, investigation, certification, consultancy, and specialized technical services on a worldwide basis. Our Services include but are not limited to:
All Services are provided in accordance with applicable professional standards, international best practices, UAE law, and the specific scope outlined in individual engagement letters or written service agreements.
If you create an account with us or access restricted portions of our Services, you must provide accurate, complete, and current information. You are responsible for:
Company Non-Liability: The Company cannot and will not be liable for any loss, damage, unauthorized access, misuse, or compromise of your account resulting from your failure to maintain account security, share credentials with unauthorized parties, or comply with security obligations. You acknowledge that you bear sole responsibility for account security and all actions taken through your account.
You agree not to use our Services, website, or systems to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access, legal action, and liability for damages.
All Services, Content, materials, technologies, methods, processes, reports, recommendations, certifications, expert opinions, and deliverables created, provided, or transmitted by the Company are the exclusive intellectual property of the Company or its licensors. These materials are protected by UAE copyright law, international copyright conventions, trademark law, trade secret protection, and other applicable intellectual property laws.
You receive a limited, non-exclusive, non-transferable license to use our Services for the specific purpose of receiving the professional services engaged. You may not reproduce, distribute, modify, reverse engineer, decompile, disassemble, or create derivative works based on our Content, reports, methodologies, or intellectual property without our explicit written consent.
You retain ownership of any materials, information, documentation, or content you submit, provide, or make available to us ("Your Content"). However, by providing Your Content for our Services, you grant us:
You represent and warrant that you own or have proper authorization to provide all Your Content and that it does not infringe upon third-party intellectual property rights.
All Service engagements begin with a quotation request and are formalized through written engagement letters or service agreements detailing scope, deliverables, timeline, fees, and terms. Your acceptance of a quotation or engagement letter constitutes your agreement to the specific terms outlined therein. In the event of conflict between these general Terms and specific engagement terms, the engagement letter shall prevail to the extent of the conflict.
All Services are delivered in accordance with applicable professional standards, international maritime conventions, UAE regulations, classification society rules, and industry best practices. However, the Company exercises professional discretion in methodology, timing, sequencing, and approach. The Company is not obligated to provide Services in accordance with any specific third-party requirements unless expressly agreed in writing.
You agree to provide the Company with reasonable cooperation, access to facilities, documentation, personnel, and information necessary to deliver Services. Failure to provide required access or cooperation may delay Service delivery, and you remain responsible for associated costs. The Company is not liable for delays or incomplete Services resulting from your lack of cooperation or failure to provide necessary access.
For Services requiring travel, site visits, or field work, you are responsible for providing safe working conditions, appropriate safety equipment, and complying with all applicable health and safety regulations. The Company's personnel will exercise reasonable care, but you acknowledge that field work involves inherent risks. You agree to maintain appropriate insurance coverage for our personnel while engaged in your projects.
Unless expressly included in the written scope of engagement, the Company does not provide:
Our assessments, inspections, surveys, reports, and recommendations are based on visual examination, available documentation, and professional judgment. We do not provide exhaustive inspections, destructive testing, or absolute guarantees. Our findings are professional opinions as of the inspection date and do not guarantee detection of all defects, hidden issues, or latent conditions. Subsequent deterioration, undisclosed damage, or conditions not visible during inspection remain your responsibility.
THE SERVICES, WEBSITE, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, OR RELIABILITY.
The Company does not warrant that Services will be uninterrupted, error-free, or free from viruses or malicious code. We disclaim all warranties regarding third-party materials, external data sources, or information beyond our control.
Service fees are specified in quotations and engagement letters. Quotations are valid for 30 days unless otherwise stated. All fees are exclusive of value-added tax (VAT), government levies, travel expenses, accommodation, subsistence, overtime charges, and other disbursements unless expressly included in the quotation.
Payment is due in accordance with the terms specified in individual engagement letters (typically 50% upon engagement confirmation and 50% upon service completion, or as otherwise agreed). Invoices are payable in the currency specified and by the method indicated. Payment should be made to the banking details provided in invoices. Late payments incur interest at the rate of 1.5% per month or the maximum rate permitted by UAE law, whichever is lower.
The Company reserves the right to charge additional fees for:
Clients will be notified of additional charges before services are rendered, and written approval is required before proceeding.
The Company reserves the right to suspend services, withhold deliverables, or terminate the engagement immediately if payment is not received by the due date. Continuation of services does not constitute a waiver of non-payment.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
These limitations apply even if the Company has been advised of the possibility of such damages.
The Company's total aggregate liability arising from or related to these Terms, our Services, or any engagement shall not exceed the total fees paid by you for the specific service giving rise to the liability, or 100,000 AED, whichever is greater. This cap applies to all claims, whether in contract, tort, negligence, strict liability, or otherwise.
The above limitations do not apply to claims arising from gross negligence, willful misconduct, fraud, or our indemnification obligations under Section 10.
You agree to indemnify, defend with counsel of our choice, and hold harmless the Company, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and partners (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs), injuries, death, environmental damage, regulatory penalties, and other liabilities ("Claims") that such parties may incur as a result of or arising from:
The Company agrees to indemnify you from claims arising solely from our gross negligence or willful misconduct in providing Services, provided you comply with the indemnification procedures below and these Terms.
The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) provide reasonable cooperation in the defense of the claim; and (c) permit the indemnifying party to control the defense, provided the indemnifying party does not settle any claim that admits fault or liability of the indemnified party without consent.
Each party agrees to maintain the confidentiality of Confidential Information disclosed by the other party, including technical data, project information, business information, survey findings, and methodologies. However, the Company reserves the right to:
Reports, assessments, expert opinions, and deliverables prepared by the Company constitute our work product and are protected by attorney-client privilege and expert opinion privilege where applicable. Clients may use reports only for their intended purpose and may not distribute, republish, or misrepresent findings without our consent.
The Company may terminate or suspend your account and access to Services at its sole discretion, without notice or liability, for:
You may terminate service engagements by providing written notice and paying all fees accrued to the date of termination, including fees for work performed and reimbursable expenses incurred. Termination does not eliminate your obligation to pay for work completed.
Upon termination, your right to use our Services ceases immediately. We may retain copies of your data, project information, and communications for archival, compliance, and legal purposes. Sections addressing confidentiality, indemnification, intellectual property, limitation of liability, and governing law survive termination.
We do not guarantee uninterrupted availability of our website or online Services. We may perform maintenance, upgrades, or emergency repairs at any time without notice. The Company is not liable for temporary unavailability, data loss, or service interruptions resulting from maintenance, system failures, security incidents, or events beyond our control.
Our website and online Services are provided "as is" without warranty of continuous availability, accuracy, or reliability. We disclaim liability for any errors, omissions, or inaccuracies in website Content.
Our website may contain links to third-party websites, services, applications, and resources. We do not control, endorse, or assume responsibility for third-party content, accuracy, security, or practices. Your access to third-party websites and use of third-party services is at your own risk and subject to their terms and conditions. We are not liable for any loss, damage, or issues arising from third-party links or services.
By using our Services or providing information, you represent and warrant that:
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law principles or international principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You irrevocably submit to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates, for resolution of any disputes arising from or relating to these Terms or our Services. You waive any objections to venue or inconvenient forum and agree not to pursue claims in any other jurisdiction.
Notwithstanding the above, either party may elect binding arbitration under the rules of the Dubai International Arbitration Centre (DIAC) to resolve disputes. Arbitration proceedings shall be conducted in English under UAE law. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction.
<h3 class="text-2xl font-semibold mb-4 text-[--color-primary] mt-6">16.4 Dispute Resolution Process</h3>
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Before pursuing litigation or arbitration, parties agree to attempt resolution through good faith negotiation. Costs of dispute resolution shall be borne by the unsuccessful party unless arbitration rules or court decisions provide otherwise.
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We reserve the right to modify these Terms at any time to reflect changes in our practices, technology, applicable law, regulatory requirements, and other factors. Material changes will be communicated through updates on this page with the "Last Updated" date prominently displayed. Your continued use of our Services after any changes constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically to remain informed of any modifications. If you do not accept modified Terms, you must cease using our Services immediately.
If any provision of these Terms is found to be invalid, unenforceable, or illegal under UAE law or the law of any applicable jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect. However, if severance would materially alter the intended agreement, the parties shall negotiate in good faith to replace the invalid provision with an enforceable provision achieving the original intent.
These Terms, together with specific engagement letters, quotations, and service agreements, constitute the entire agreement between you and the Company regarding our Services and supersede all prior negotiations, representations, and understandings, whether written or oral. No employee, agent, or representative has authority to modify these Terms unless authorized in writing by executive management of the Company. Any conflicting terms on purchase orders, emails, or other communications are void and ineffective.
Any notices or communications required under these Terms shall be in writing and shall be deemed delivered: (a) when personally delivered; (b) one business day after sending by overnight courier service; (c) three business days after sending by registered mail, postage prepaid; or (d) upon receipt of email confirmation when sent to the email addresses below. Notices to the Company should be directed to:
Legal Department
Company: Zakian Surveying & Appraisal Services L.L.C.
Email: legal@masoudzakian.com
Phone: +971 4 234 5678
Office Address: 11st St - Al Barsha - Al Barsha 1, Dubai 282403, United Arab Emirates
Our failure or delay in enforcing any provision of these Terms does not constitute a waiver of such provision or any other right. No single or partial exercise of any right precludes any other exercise or further exercise of such right or any other right. Any waiver of these Terms must be in writing and signed by authorized management of the Company to be effective.
The Company shall not be liable for failure to perform obligations under these Terms resulting from events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, epidemics, labor strikes, civil unrest, shipping disruptions, port closures, or extraordinary maritime incidents. Upon occurrence of force majeure events affecting Services, we shall notify you promptly and discuss alternative arrangements or suspension of obligations. Fees for work completed before force majeure events remain due.
You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. The Company may assign or delegate these Terms to affiliates, successors, or acquirers. We may engage subcontractors or specialized service providers to assist in delivering Services without your consent, provided such third parties are bound by equivalent confidentiality and professional obligations.
You acknowledge our right to identify you as a client and to reference our engagement in case studies, marketing materials, client lists, and professional references, provided such references do not disclose confidential project information. If you prefer not to be referenced publicly, you must notify us in writing.
The Company maintains professional liability insurance appropriate to our operations and Services. However, our insurance coverage provides the sole remedy for claims within policy limits and does not affect the limitations of liability outlined in Section 9. You acknowledge that our insurance does not cover all potential claims and that certain damages are explicitly excluded. You are responsible for maintaining appropriate insurance coverage to protect your interests, including but not limited to property insurance, liability insurance, and business interruption insurance.
Both parties agree to comply with all applicable laws, regulations, and requirements of the United Arab Emirates, including UAE labor law, anti-corruption laws, export control regulations, sanctions laws, and any other statutory requirements. The Company does not provide legal advice, and clients are responsible for ensuring their use of our Services complies with all applicable laws.
You represent and warrant that neither you nor any beneficial owners are subject to economic sanctions or listed on OFAC, UN sanctions, or other government sanction lists. You comply with all export control and import regulations applicable to Services and technical data. Violation of sanctions or export control laws may result in immediate termination of Services and cooperation with government authorities.
We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UAE Personal Data Protection Law (PDPL). For clients subject to the European Union's General Data Protection Regulation (GDPR), we have executed standard contractual clauses as required by GDPR Article 28. Our Privacy Policy contains detailed information regarding data collection, processing, retention, and your rights. Please refer to our Privacy Policy for complete information.
Any feedback, suggestions, comments, ideas, or materials you provide regarding our Services or website ("Feedback") shall be considered non-confidential and may be used by the Company at our sole discretion for any purpose without compensation or attribution to you. You grant us an unrestricted, royalty-free license to use Feedback to improve our Services and operations.
The Company reserves the right to decline service requests, refuse to engage with specific clients, or terminate engagements at our sole discretion for any reason, including but not limited to potential conflicts of interest, reputational concerns, safety issues, ethical violations, or lack of cooperation. This right extends to prospective clients whose requests appear questionable or potentially improper.
The following provisions survive any termination or expiration of these Terms and any service engagement: Definitions, Intellectual Property Rights, Limitation of Scope and Disclaimers, Limitation of Liability, Indemnification, Confidentiality, Dispute Resolution and Governing Law, Severability and Entire Agreement, Compliance with Laws, and any other provisions by their nature intended to survive termination.
If you have questions about these Terms of Service, our Services, or your specific engagement, please contact us at:
Zakian Surveying & Appraisal Services L.L.C.
Email (General): info@masoudzakian.com
Email (Legal): legal@masoudzakian.com
Phone: +971 4 234 5678
WhatsApp: +971-50-7482424
Address: 11st St - Al Barsha - Al Barsha 1, Dubai 282403, United Arab Emirates
We welcome your inquiries and will respond to legitimate questions regarding these Terms and our Services within 2-3 business days.
BY ACCESSING OUR WEBSITE, REQUESTING OUR SERVICES, ACCEPTING A QUOTATION, ENGAGING IN SERVICE DELIVERY, OR PROVIDING ANY INFORMATION TO ZAKIAN SURVEYING & APPRAISAL SERVICES L.L.C., YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY.
You acknowledge that these Terms represent a comprehensive legal agreement between you and the Company, superseding all previous communications, negotiations, or agreements. If you do not fully agree with these Terms, you must immediately cease accessing our website and must not engage our Services.
Last Updated: January 22, 2025
Our legal team is available to answer questions about our Terms of Service, service agreements, or any other legal matters related to engaging Zakian Surveyors for your projects.