1. Introduction

Welcome to BY MB Consultancy ("we," "us," "our," or "the Company"). We are a registered business in Bahrain with Commercial Registration Number 75296-2. Our address is 862 Road 2620 Block 226, Muharraq, Bahrain. By using our website www.by-mb.com ("the Site") or purchasing our services, you agree to comply with these Terms and Conditions. Please read them carefully before engaging with our services.

These Terms and Conditions constitute a legally binding agreement between you and BY MB Consultancy. We encourage users to regularly review these Terms and Conditions, as updates may be made periodically.

2. Use of the Website

You agree to use the Site only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the Site.

Unauthorized use of this Site may result in a claim for damages or criminal prosecution. Unauthorized use includes, but is not limited to:

• Attempting to gain unauthorized access to the Site or its related systems.
• Using the Site to transmit harmful or malicious content, including viruses or malware.
• Engaging in fraudulent activities or deceiving other users.
• Disrupting the functionality of the Site through excessive requests or other means.

BY MB Consultancy reserves the right to take appropriate legal action against anyone who violates these terms.

3. Goods & Services

We offer a variety of solutions and services, including smart home automation, consultancy, integration services, and the sale of related products. Service delivery and product shipping details will be arranged directly with you upon booking or purchase.

Services are delivered through in-person appointments, remote sessions, or on-site installations as needed.

For physical products, we arrange delivery based on your location and the availability of the product. Delivery times and charges will be communicated during the purchase process.

In the case of delivery delays beyond our control (e.g., delays from third-party suppliers or shipping companies), we will inform you promptly and offer alternative arrangements where possible.

Damaged or Incorrect Deliveries: If you receive a damaged or incorrect product, please contact us at [email protected] within 7 days of receipt. We will arrange for a replacement or refund in accordance with our Refund and Cancellation Policy.

4. Payment Options

We offer multiple payment methods for your convenience:

• Cash: Payments can be made in cash at the time of service delivery.
• Checks: We accept checks, which must be made payable to "BY MB Consultancy." Services will be delivered once the check clears.
• Benefit (Local Payment Method): You can pay using the Benefit system.
• Visa/MasterCard: Payments can be made via credit or debit card in person or through our online payment system.
• Online Payments: Secure online payments can be processed through our website using our payment gateway.
• Direct Bank Transfer: Bank transfer details will be provided upon confirmation of your service booking. Please include the invoice or booking reference number in your transfer.
• Payment Links: For remote bookings, a secure payment link can be sent via email or SMS. Payments must be completed before the scheduled service date.

All online payments are processed through secure, encrypted payment gateways to protect your financial information. Payments must be made in Bahraini Dinar (BHD), and any applicable transaction fees will be communicated during the payment process.

5. Payment Confirmation

You will receive a payment confirmation via email or SMS within 24 hours of your payment being received and processed. For bank transfers or check payments, services will be confirmed once the payment is verified, typically within 3-5 business days.

6. Cancellations and Refunds

Cancellations: You may cancel or reschedule your service at least 48 hours before the scheduled time without any charges. Cancellations made within 48 hours of the scheduled service will incur a cancellation fee of 50 BHD.

Refunds: Refunds will be processed via the original payment method within 7-10 business days. For cash payments, refunds will be issued in cash or via bank transfer.

For more detailed information regarding refunds, please refer to our full Refund and Cancellation Policy here.

7. Limitation of Liability

BY MB Consultancy is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our services or products, including but not limited to loss of profits, loss of data, business interruption, or any other commercial damages or losses.

Our total liability for any claim, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the performance or use of our services will not exceed the amount paid by the client for the specific service or product in question.

This limitation of liability applies even if we have been advised of the possibility of such damages or if they were reasonably foreseeable.

This limitation of liability extends to any damages, losses, or disputes related to third-party products or services provided by external suppliers or partners. BY MB Consultancy does not guarantee the performance, quality, or reliability of third-party services, and any claims or issues related to such third-party services must be directed to the relevant supplier.

8. Governing Law

These Terms and Conditions, and any disputes or claims arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain, without regard to its conflict of law principles.

By using our services, you agree that any legal action or proceedings related to these Terms and Conditions will be brought exclusively in the courts of Bahrain. Both parties submit to the exclusive jurisdiction of the Bahraini courts and waive any objections to the jurisdiction or venue of such courts, including claims based on forum non conveniens or any similar legal theory.

9. Intellectual Property Notice

All content, materials, and elements on this website, including but not limited to text, graphics, logos, images, videos, software, and design ("Content"), are the property of BY MB Consultancy and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, and non-transferable right to use the Content solely for personal and non-commercial purposes. You may not copy, modify, distribute, reproduce, publish, or create derivative works from the Content without our express written consent.

If permission is granted for the use of our Content, proper attribution must be given to BY MB Consultancy, along with a clear reference or link to our website.

By submitting any content, suggestions, or feedback to BY MB Consultancy, you grant us a royalty-free, perpetual, and irrevocable license to use, reproduce, and distribute such content for any purpose. Unauthorized use of our intellectual property may result in legal action, including claims for damages. For requests or inquiries, please contact us at [email protected].

10. Social Media Policy

BY MB Consultancy maintains a presence on various social media platforms to engage with our audience, provide updates, and offer support. By interacting with our social media profiles, you agree to abide by the following guidelines:

• Be respectful and courteous to other users and our team members. Offensive, abusive, or inappropriate language will not be tolerated.
• Do not post any content that is unlawful, misleading, defamatory, or infringes on the rights of others.
• Avoid sharing personal or confidential information publicly on our social media platforms.
• Respect the intellectual property rights of others and do not share copyrighted material without appropriate permissions.

If you encounter any content that you believe violates our guidelines, please report it to us at [email protected]. We reserve the right to remove any comments, posts, or content that violates our guidelines or is deemed inappropriate. Repeated violations may result in being blocked or banned from our social media profiles.

Content Usage for Promotional Purposes

By posting content on our social media platforms, you grant BY MB Consultancy a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute your content for marketing, promotional, and research purposes, across all media formats and channels. You also waive any rights to prior review or approval of how we use this content, and no compensation will be provided for such usage.

Any content shared on our social media platforms, including comments, images, or videos, may be used by BY MB Consultancy for promotional purposes without further permission or compensation.

11. User-Generated Content Policy

BY MB Consultancy may allow users to submit reviews, comments, images, or other forms of content ("User-Generated Content") on our website or social media platforms. By submitting User-Generated Content, you retain ownership of your content but grant BY MB Consultancy a non-exclusive, transferable, royalty-free, worldwide license to use, modify, and distribute your content in connection with our services.

You represent and warrant that your User-Generated Content:

• Does not infringe on any third-party rights.
• Is not defamatory, unlawful, or offensive.
• Does not contain harmful software, viruses, or any form of malicious code.

BY MB Consultancy does not endorse or assume responsibility for any User-Generated Content. The opinions expressed in such content are solely those of the user.

We reserve the right to review, edit, or remove any User-Generated Content that violates these terms or is deemed inappropriate at our sole discretion.

Dispute Mechanism for Content Removal or Edits

If you believe that your content has been unfairly removed, edited, or modified, you may contact us at [email protected] to request a review. We will review the situation within 7 business days and inform you of our decision. Our decision will be final, and we reserve the right to maintain or modify our actions as necessary.

12. Supplier and Partner Terms

BY MB Consultancy collaborates with third-party suppliers and partners to provide certain products and services to our customers. Please note the following:

• Third-Party Pricing and Products: Our pricing for services may include charges related to third-party products and labor. These prices are determined by the respective third-party suppliers and are subject to their pricing policies, which may change without prior notice. BY MB Consultancy will notify the client of any price changes affecting their service before proceeding.
• Warranties: Any products provided by third-party suppliers are covered by the warranty offered by the original manufacturer or seller. BY MB Consultancy does not provide warranties for third-party products. Customers are responsible for addressing any product defects or warranty claims directly with the supplier or manufacturer. We will assist in connecting clients with the appropriate party for warranty-related matters, but we are not responsible for ensuring warranty fulfillment.
• Liability: BY MB Consultancy is not liable for the quality, performance, or durability of any third-party products or services. Any issues related to delays, defects, or non-performance by third-party suppliers must be addressed directly with them. We will not be held responsible for any losses or damages arising from third-party products or services.
• Pre-Approval of Third-Party Changes: If third-party costs or product availability change after an order has been placed, BY MB Consultancy will seek client approval before proceeding. If the client does not approve the changes, they may cancel the service, and any applicable refunds or adjustments will be made according to our Refund and Cancellation Policy.
• Independent Suppliers: Any third-party products, services, or warranties provided are the responsibility of the respective supplier or partner. BY MB Consultancy makes no representations or guarantees about the accuracy, quality, or reliability of third-party products or services.

13. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, or the services provided by BY MB Consultancy, both parties agree to first attempt to resolve the issue through good faith negotiation within 30 days of the dispute arising. If a resolution cannot be reached through negotiation, the parties agree to submit the dispute to mediation, facilitated by a neutral third party, before pursuing any legal action.

Mediation will be facilitated by a neutral third-party mediator agreed upon by both parties. Both parties agree to participate in mediation in good faith and share the costs equally.

If mediation fails, either party may pursue legal remedies in accordance with the governing law, as outlined in Section 8.

14. Force Majeure

BY MB Consultancy shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions due to circumstances beyond our reasonable control. This includes, but is not limited to, acts of God, natural disasters, war, terrorism, government actions, pandemics, labor disputes, supply chain interruptions, or other unforeseen events ("Force Majeure").

In the event of a Force Majeure event that continues for more than 30 days, either party may terminate the affected services by providing written notice.

BY MB Consultancy will make reasonable efforts to resume normal operations as soon as possible and will notify the client promptly of any Force Majeure event. During such events, the client may be responsible for any costs associated with pausing or rescheduling services.

15. Severability

If any provision of these Terms and Conditions is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision will be severed from the remaining terms, which shall remain valid and enforceable to the fullest extent permitted by law. The parties agree that any invalid provision will be replaced with a valid provision that comes closest to the original intent of the parties.

If the invalid provision is essential to the performance of these Terms and Conditions, the entire agreement may be rendered unenforceable unless the parties agree otherwise.

16. Amendments or Modifications

BY MB Consultancy reserves the right to amend or modify these Terms and Conditions at any time. Any changes will be posted on our website, and your continued use of our services constitutes acceptance of the updated Terms and Conditions.

Significant changes to these Terms and Conditions will be communicated to you via email or through prominent notices on our website.

17. Data Protection and Privacy

Your personal information is handled according to our Privacy Policy, which is available on our website. By using our services, you consent to the collection, use, and processing of your information as outlined in the Privacy Policy. We comply with all applicable data protection laws, including Bahrain’s Personal Data Protection Law (PDPL). You have the right to access, correct, or request the deletion of your personal information as described in the Privacy Policy.

18. Customer Obligations

Customers are responsible for providing accurate and up-to-date information when booking services. They must also ensure that the premises are accessible and suitable for the scheduled service. Failure to meet these obligations, including providing incorrect information or preventing access to the premises, may result in delays, additional charges, or service cancellation. Any costs incurred due to such delays or issues will be the responsibility of the customer.

Additionally, if a customer refuses access or disrupts the service process, BY MB Consultancy reserves the right to charge for any additional time or resources required to complete the service.

19. Confidentiality

BY MB Consultancy will treat all personal and business information provided by the client as confidential. We will not disclose this information to third parties without the client’s consent, except where required by law. If disclosure is necessary, we will inform the client unless prohibited by legal or regulatory requirements.

We take all reasonable steps to protect client information from unauthorized access, disclosure, alteration, or destruction.

20. Right to Refuse Service

BY MB Consultancy reserves the right to refuse or discontinue service to any client under the following circumstances:

a. Unsafe Environment

• Definition: Any premises or environment that poses a safety risk to our employees, contractors, or equipment.
• Action: Immediate discontinuation of services.
• Notification: The client will be informed promptly in writing, detailing the reasons for the refusal.

b. Inappropriate Behavior

• Definition: Abusive, harassing, threatening, or otherwise inappropriate behavior exhibited by the client towards our staff or representatives.
• Action: Immediate termination of the service agreement.
• Notification: The client will receive a written notice explaining the termination due to inappropriate behavior.

c. Violation of Terms

• Definition: Any breach of these Terms and Conditions, including but not limited to unauthorized use of services, providing false information, or engaging in activities that undermine the integrity of our services.
• Action: Service termination upon identification of the violation.
• Notification: A written explanation will be provided to the client outlining the specific terms violated.

d. Legal Compliance

• Definition: Situations where providing the service would require BY MB Consultancy to engage in illegal activities or violate any local, regional, or international laws and regulations.
• Action: Immediate cessation of services.
• Notification: The client will be informed in writing about the legal constraints necessitating the termination.

e. Non-Payment

• Definition: Failure to make payments as agreed upon in the service agreement or invoice within the stipulated timeframe.
• Action: Suspension or termination of services until outstanding payments are settled.
• Notification: Written reminders will be sent prior to any service suspension or termination due to non-payment.

f. Misrepresentation

• Definition: Providing false or misleading information that affects the delivery or quality of the service.
• Action: Termination of the service agreement.
• Notification: A written notice will be sent to the client outlining the misrepresentation and resulting action.

Procedure for Refusal or Discontinuation

1. Assessment: Upon identifying any of the above circumstances, BY MB Consultancy will assess the situation to determine the appropriate course of action.
2. Notification: The client will receive a written notice explaining the reasons for service refusal or discontinuation.
3. Refunds:
4. • Any fees paid for services not yet rendered will be refunded, excluding non-refundable charges as outlined in our Refund and Cancellation Policy.
   • In cases where services have been partially delivered, refunds will be prorated based on the extent of service completion.
5. Documentation: All decisions to refuse or discontinue service will be documented for record-keeping and potential dispute resolution.

Emergency Situations

• In cases of emergency or immediate threat, BY MB Consultancy reserves the right to terminate services without prior notice to ensure the safety of our personnel and assets.

Liability Limitation

• BY MB Consultancy is not liable for any losses or damages resulting from the refusal or discontinuation of services under these conditions. Clients are encouraged to ensure compliance with all service terms to avoid such situations.

21. Digital Communication

By engaging with our services, you consent to receive communications from us electronically. All agreements, notices, and other communications provided electronically will satisfy any legal requirements for written communication.

Customers can opt-out of marketing communications by following the unsubscribe instructions included in our emails or by contacting [email protected].