1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Liberty Gulf Management Solutions ("Shabaky," "we," "us," or "our"), governing your use of the Shabaky digital enablement platform and services.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our services.
2. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Kingdom of Bahrain, including but not limited to:
- Consumer Protection Law No. (35) of 2012
- Electronic Communications and Transactions Law (2018)
- Personal Data Protection Law No. (30) of 2018
- Commercial Companies Law
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Bahrain.
3. Service Description
Shabaky provides a digital enablement platform offering:
- Professional bilingual website design and development (Arabic and English)
- Web hosting and domain management services
- Website maintenance and content updates
- SSL certificates and security features
- Analytics and performance monitoring
- Customer support services
4. Eligibility and Registration
To use our services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts under Bahraini law
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Operate a legitimate business or organization
5. Service Plans and Pricing
5.1 Subscription Plans
We offer three subscription tiers:
- Starter: 29 BHD/month - Professional bilingual website, Gulf-optimized design, mobile excellence, enterprise security, core analytics, email support
- Professional: 59 BHD/month - All Starter features plus custom domain, advanced analytics, SEO optimization, priority support, monthly content updates, lead capture forms
- Premium: 99 BHD/month - All Professional features plus AI chatbot assistant, multi-language capability (3+), e-commerce ready, dedicated success manager, custom integrations, 24/7 premium support
5.2 Pricing and Payment
- All prices are in Bahraini Dinars (BHD)
- Prices are subject to change with 30 days' notice
- Payment is due monthly in advance
- Accepted payment methods include credit/debit cards and bank transfers
- No setup fees or hidden charges
- Taxes and fees are calculated at checkout as required by Bahraini law
6. Billing and Renewals
- Subscriptions automatically renew on a monthly basis unless cancelled
- You authorize us to charge your payment method on each renewal date
- Failed payments may result in service suspension
- You are responsible for maintaining valid payment information
- Invoices are provided electronically via email
7. Cancellation and Refunds
7.1 Cancellation Policy
- You may cancel your subscription at any time
- Cancellations take effect at the end of the current billing period
- No partial refunds for unused time within a billing period
- Access to your website continues until the end of the paid period
7.2 Refund Policy
In accordance with the Consumer Protection Law of Bahrain:
- Full refund available within 14 days of initial purchase if no website has been published
- Once your website is published, services are considered delivered and non-refundable
- Refunds for service failures or defects will be assessed on a case-by-case basis
- Refunds are processed within 14 working days of approval
8. Your Obligations and Conduct
8.1 Content Responsibility
You are solely responsible for all content you provide, including:
- Text, images, logos, and multimedia
- Ensuring you have rights to all content provided
- Accuracy and legality of information displayed
- Compliance with applicable Bahraini laws and regulations
8.2 Prohibited Activities
You agree not to use our services for:
- Illegal activities or content that violates Bahraini law
- Fraudulent, deceptive, or misleading content
- Harassment, defamation, or invasion of privacy
- Distribution of malware, viruses, or harmful code
- Infringement of intellectual property rights
- Adult content, gambling, or prohibited substances
- Spam or unsolicited commercial messages
- Content that violates Islamic values or public morals
9. Intellectual Property Rights
9.1 Your Content
You retain all ownership rights to content you provide. By using our services, you grant us a limited license to use, reproduce, and display your content solely for the purpose of providing our services.
9.2 Our Platform
The Shabaky platform, including all software, designs, templates, and documentation, is owned by Liberty Gulf Management Solutions and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer our platform.
9.3 Website Ownership
Upon full payment, you own your website's content and have the right to export it. The underlying code and platform infrastructure remain our property.
10. Service Availability and Uptime
- We strive to maintain 99.9% uptime but do not guarantee uninterrupted service
- Scheduled maintenance will be announced in advance when possible
- We are not liable for downtime caused by third-party providers or force majeure events
- Service credits may be offered for extended outages at our discretion
11. Limitation of Liability
To the maximum extent permitted by Bahraini law:
- Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
- We are not liable for indirect, incidental, special, or consequential damages
- We are not responsible for third-party content, links, or services
- You indemnify us against claims arising from your use of our services or your content
Nothing in these Terms excludes or limits our liability for fraud, gross negligence, or matters that cannot be excluded under Bahraini consumer protection law.
12. Data Protection and Privacy
Our collection, use, and protection of your personal data is governed by our Privacy Policy, which complies with the Personal Data Protection Law No. (30) of 2018. By using our services, you consent to our data practices as described in the Privacy Policy.
13. Termination
13.1 Termination by You
You may terminate your subscription at any time through your account settings or by contacting support. Termination takes effect at the end of the current billing period.
13.2 Termination by Us
We may suspend or terminate your account immediately if:
- You violate these Terms
- Your account is used for illegal activities
- Payment fails after reasonable attempts to collect
- We are required to do so by law
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or through our platform at least 30 days before taking effect. Your continued use of our services after changes constitute acceptance of the updated Terms.
15. Dispute Resolution
15.1 Informal Resolution
We encourage you to contact us first at support@shabaky.com to resolve any disputes informally.
15.2 Formal Proceedings
If informal resolution fails, disputes shall be resolved through the courts of the Kingdom of Bahrain in accordance with Bahraini law. You may also file a complaint with the Consumer Protection Directorate at the Ministry of Industry and Commerce.
16. Miscellaneous Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Shabaky
- Severability: If any provision is found unenforceable, the remaining provisions remain in full effect
- Waiver: Our failure to enforce any right does not constitute a waiver of that right
- Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction
- Language: These Terms are provided in English and Arabic. In case of conflict, the English version prevails
Acknowledgment: By using Shabaky's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms are governed by the laws of the Kingdom of Bahrain.