Terms of Use

Last Modified July 16, 2019

1. Your Acceptance

Welcome to the Terms of Use for heshamhamdy.net. This is an agreement (“Agreement”) between Hesham Hamdy, the owner and operator of heshamhamdy.net website and any services provided in connection with the Site (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform. Throughout this Agreement, the words “Hesham Hamdy,” “Me,” “I,” and “my,” refer to me, Hesham Hamdy, as is appropriate in the context of the use of the words.

By accessing or using the Platform, you agree to be bound by this Agreement and the Privacy Policy. I may amend the Terms of Use or the Privacy Policy and may notify you when I do so. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to the Terms of Use or the Privacy Policy please cease using my Platform immediately.

2. User Information and Privacy

I respect your privacy and permits you to control the treatment of your personal information. A complete statement of my current privacy policy can be found by visiting the Privacy Policy page.

3. Services

Through the Platform, I may offer digital marketing services or other related services including training courses in the same fields. Each service provided to a client/user is customized & governed by a Memorandum of Understanding (MoU) signed (Digital Signature or handwritten signature) by both parties (user/client and Hesham).

I use reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are beyond my direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that I make no guarantees including but not limited to web placement, rankings, or any profits. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed. Due to the nature of my services, you agree:

For Search Engines Marketing Services (SEM)

  • Hesham Hamdy is not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
  • Hesham Hamdy is not responsible for any negative results take place due to a certain request/action by user/client made to a user’s website.
  • Hesham Hamdy has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
  • Hesham Hamdy cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
  • Hesham Hamdy makes no representations as to any profits or increased business as related to a user’s use of the services.
  • Hesham Hamdy has no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.
  • Hesham Hamdy cannot and does not guarantee exact results from Google Ads Campaigns.

For Social Media Marketing Services (SMM)

  • Hesham Hamdy has no control over the updates/policies of social media that they accept now or in the future and user may be affected by.
  • Hesham Hamdy makes no representations as to any profits or increased business as related to a user’s use of the services.
  • Hesham Hamdy has no control over any actions or inaction by any social media network related to a user’s account or page.
  • Hesham Hamdy cannot and does not guarantee exact results from Social Media Campaigns.
  • Hesham Hamdy is not responsible for any negative results take place due to a certain request/action by user/client made to a user’s social media account, page or even a certain campaign.

For Email Marketing Services (EM)

  • Hesham Hamdy has no control over the updates/policies of used Email Marketing Service Provider that they accept now or in the future and user may be affected by.
  • Hesham Hamdy makes no representations as to any profits or increased business as related to a user’s use of the services.
  • Hesham Hamdy has no control over any actions or inaction by servers’ email filters.
  • Hesham Hamdy cannot and does not guarantee exact results from Email Marketing Campaigns.
  • Hesham Hamdy is not responsible for any negative results take place due to a certain request/action by user/client made to a user’s mail server, email marketing account or even a certain campaign.

For Web Design/Development & Hosting Services

  • Hesham Hamdy has no control over the updates/policies of hosting companies.
  • Hesham Hamdy is not responsible for any changes made to a user’s website by the user or any other third party at the user’s end.
  • Hesham Hamdy cannot and does not guarantee an exact date to deliver the website.

For Training Courses Services

  • Hesham Hamdy is not responsible and has no control over students/trainees who don’t attend regularly the lectures of a certain course.
  • Hesham Hamdy is not responsible for the insufficient required knowledge that student should have to fully understand and absorb the information of a certain course.
  • Hesham Hamdy cannot and does not guarantee the level of the student obtaining a certain training course.

You agree to release me from any liability that I may incur for providing you any services offered via Platform. You agree that any service or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release me from any liability that I may have to in relation to your use of my Platform.

4. User Obligations

Users wish to purchase any services offered via the Platform, you agree that you will promptly cooperate and provide to Hesham Hamdy access, software codes, data, documents, content, art, and/or other information needed by me to provide any services to you. Your failure to cooperate or assist me may prevent the completion of any services offered. Where you fail to cooperate with Hesham Hamdy, you agree that no refunds may be granted.

5. Use of the Platform & Its Content

When using my Platform, you agree to the following:

  • You may not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”.
  • You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform.
  • You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by me to access the Platform or to extract data.
  • You may not use automated bots or other software to send more messages through my Platform than humanly possible.
  • You may not share your license or access with any other parties.
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
  • You may not access my Platform in an attempt to build a similar or other competitive product.
  • You may not collect or harvest any personally identifiable information, including account names, from the Platform.
  • You may not impersonate any person or entity or misrepresent your affiliation with a person or entity.
  • You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using my Platform.
  • You may not use the Platform for any purposes that are misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
  • You may not violate any requirements, procedures, policies or regulations of networks connected to heshamhamdy.net.
  • You may not interfere with or disrupt the Platform;
  • You may not violate any law or regulation and you solely are responsible for such violations;
  • You agree that you will not hold Hesham Hamdy responsible for your use of the Platform.
  • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of me Platform, including the de-indexing or de-caching of any portion of my Platform from a thirty party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use my Platform may at my discretion be terminated or suspended. Generally, I will provide an explanation for any suspension or termination of your use of any of my Platform, but Hesham Hamdy reserves the right to suspend or terminate any account at any time without notice or explanation.

6. User-Generated Content (UGC)

Your ability to submit or transmit any information through the Platform, including but not limited to data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that I am not required to host, display, migrate, or distribute any of your User Content and I may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release me from any liability associated with any User Content submitted. I provide industry standard security for my Platform but I cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that I determine to be harmful to the Platform may be modified, edited, or removed at my discretion.

When submitting any User Content to my Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to me, you grant Hesham Hamdy, his partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, worldwide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Additionally, you grant to Hesham Hamdy, a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.

7. Modification of Platform

I reserve the right to alter, modify, update, or remove my Platform at any time. I may conduct such modifications to my Platform for security reasons, intellectual property, legal reasons, or various other reasons at my discretion, and I am not required to explain such modifications. For example, I may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how I might exercise my rights under this section, and nothing in this section obligates me to take measures to update the Platform for security, legal or other purposes.

8. Payments

Portions of the Platform or specific services offered may require payment and you agree to pay for all costs, fees, and taxes listed. User authorizes Hesham Hamdy or his third-party payment processors to change their method of payment at the time of purchase. Please be aware that purchases are completed via third-party payment processors. Where applicable, you must agree to the third-party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Hesham Hamdy may suspend or terminate the agreement for any services of the Platform, without liability to him.

9. Taxes

Where Hesham Hamdy does not charge you taxes for any purchases, you agree to pay any and all applicable taxes for your use and purchase of the services. Additionally, where requested by me, you agree to provide me tax documentation to support any claims of on-time tax payment.

10. Refunds

As I offer online services, I cannot offer refunds for any Payments or any paid services. Please be aware that all purchases are final. However, I want you to be satisfied with my services and thus I offer a 30 Day Satisfaction Guarantee. If you are dissatisfied with any of my services, please contact me by submitting a a request by email to founder@heshamhamdy.net within thirty (30) days of your initial use of such service. Once I have received your communication, I will communicate with you to understand your concerns and will assist in rectifying any dissatisfaction caused by our services.

11. Estimates

Please be aware that some of my services provided may list estimated dates and timelines for delivery or completion (“Estimated Dates”). Although I shall attempt to deliver all services by the Estimated Dates listed on the Platform, these Estimated Dates are merely good faith estimates and are non-binding in nature. Hesham Hamdy reserves the right to modify, alter, or extend any Estimated Dates at our discretion. Hesham Hamdy is not responsible or liable for any failure to provide any services before any Estimated Dates listed on the Platform. Oral or written statements made by any agents, employees, or contractors of Hesham Hamdy regarding any Estimated Dates are non-binding and do not alter any contractual agreements between Hesham Hamdy and any users.

12. Intellectual Property

The domain name,heshamhamdy.net, Hesham Hamdy Platform along with the design of Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Hesham Hamdy, subject to copyright and other intellectual property rights under Egypt and foreign laws and international conventions. Hesham Hamdy reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless I have given express written permission.

13. Disclaimer

The platform and all services are provided on an “as is”, “as available” and “with all faults” basis. to the fullest extent permissible by law, neither Hesham Hamdy, nor any of his assistants, assigns or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (1) the platform; (2) any information provided via the platform; (3) the services, or (4) security associated with the transmission of information to Hesham Hamdy, or via the platform. in addition, I disclaim all warranties, express or implied, including, but not limited to, the warranties of merchant-ability, fitness for a particular purpose, lost profits, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.