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1. COMPANY INFORMATION

1.1

CBA is organised as a private limited company and is established at the address Dubai World Trade Centre, One Central, The Offices 4, 8th floor. Dubai, UAE.

CBA can be contacted by phone +971 585590040 or by e-mail info@cba.as

 

2. DEFINITIONS

CBA GLOBAL FZE

Means CBA, Dubai World Trade Centre, One Central, The Offices 4, 8th floor. Dubai, UAE.

Customer

Means the natural or legal person who purchases services from CBA under an agreement to which these terms and conditions are attached or forms part of the contractual basis.

Agreement

Means the agreement to which these terms and conditions are attached or forms part of the agreement basis.

Content

Means any content – regardless of form – that CBA delivers to the Channel, including but not limited to videos, texts, audio, other literary works, etc.

Channel

Means the YouTube channel that CBA creates and manages on behalf of the customer and to which CBA delivers Content.

Start date

Means the date specified in accordance with the individual agreement between CBA and the Customer, when the Channel obtains full financing and CBA notifies the owners of the Channel.

Channel creation

Means the benefits specified in clause 4.1.

3. PRICES AND PAYMENT

3.1

Price and payment deadlines are stated in the individual agreement between CBA and the Customer.

3.2

All prices are in USD unless another currency is explicitly stated.

3.3

All prices include vat and other taxes, unless otherwise expressly stated. However, the total price is always disclosed to customers.

3.4

All payment must be efficient, and no setoff can be made unless this is individually agreed or stated in mandatory law in the UEA.

4. CREATION AND DEVELOPMENT OF THE CHANNEL

4.1

CBA develops a concept for the Channel, creates the Channel on YouTube and makes the technical settings and preparations necessary for the Channel to be ready for administration by CBA after its creation.

4.2

The channel creation and CBA’s services in general appear from and are settled in accordance with the Agreement with the individual Customer.

5. ADMINISTRATION OF THE CHANNEL

5.1

CBA is obligated to deliver, and the Customer is obliged to receive this delivery of administration of the Channel, including payment from YouTube regarding the Channel.

These terms apply as long as CBA delivers Content to the Channel.

 

5.2

CBA is entitled to transfer any and all of its obligations to any and all full- or part-subsidiaries as part of the planning of internal business structures and is only obliged to inform this transfer to the Costumer upon completion of the transfer, the receiving subsidiary will in case of such transfer be obliged in the full extend as that of the entity that entered into the agreement with the Costumer. The transfer in this case will not constitute any material change or breach of the contract between the parties or be grounds to termination of the agreement by the Costumer.

 

6. CONTENT FOR THE CHANNEL

6.1

Delivery of Content from CBA to the Channel only constitutes a transfer of non-exclusive usage rights, which are necessary to upload the Content in question to the Channel, and these rights are subject to license payment as specified and defined in the Agreement. Under no circumstances does CBA transfer any other rights to the Customer. CBA never transfers ownership of Content.

6.2

Upon termination of CBA’s obligations to deliver Content to the Channel, CBA may remove all Content from the Channel.

 

7. TERMINATION

7.1

The Customer may only terminate the Agreement no earlier than 2 years after the Start Date and with a notice of 3 months – including delivery of administration, Content, etc. – and only if customers have paid the full Channel Purchase price in full it will be possible to notify termination to CBA of the agreement.

7.2

If the Customer justifiably terminates the delivery of Content or administration and operation of the Channel, and if the consequence is that CBA must cease delivery of these services to the Channel, CBA is entitled to terminate immediately and without notice all exposures relating to the Channel.

This provision only regulates the relationship if the Customer justifiably terminates the Agreement or services inextricably linked to the Agreement. This provision does not give a separate right to make such a termination in addition to what otherwise applies in the ICC Rules.

7.3

CBA is obliged to deliver, and the Customer is obliged to receive contents, ie. Content, as well as administration and operation to the Channel for 2 years from the Start Date. During this period, the Agreement is irrevocable.

After the first 2 years, the current benefits continue indefinitely until one of the parties to the agreement justifiably terminates the Agreement. After 2 years from the Start Date, CBA may terminate the Agreement without notice.

 

8. ABANDONED IDEAL OWNERSHIP OF THE CHANNEL

8.1

Certain customers may choose to give up their ownership of the Channel. If this happens, CBA may distribute or sell the ownership among other Channel owners, If the costumer has chosen to pay the investment in installments, termination of the investment will result in the abandoning of the owner ship with no rights to redemption regardless of what CBA may accrue when transferring the ownership to another owner or earn in profits if CBA choses to maintain ownership.

 

9. TRANSFER OF NON-PROFIT SHARES OF THE CHANNEL

9.1

The customer may freely transfer its shares or full ownership of the Channel to third parties together with the Customer’s rights and obligations under the Agreement, provided that CBA can lawfully deliver to the new owner in accordance with the Agreement. In that case, the Customer must provide the new owner’s name, address, contact information and to CBA. The other owners of the Channel have the same right. This right only apply if an when the full prices of the channel has been paid in full.

9.2

If CBA cannot legally maintain the Agreement with the new owner of the non-profit shares of the Channel designated by the Customer, the Customer is obliged not to transfer his ownership to the new prospected owner.

9.3

The CBA must be informed of an intended transfer no later than 14 days before the transfer is intended to be completed, so that the CBA has the opportunity to object to illegal transfers.

 

10. DEFICIENCIES

10.1

The customer can object to defects in CBA’s services in accordance with the general rules applicable to the Agreement.

10.2

To the extent that the Agreement contains delivery of goods, including digital goods, subject to the regulations set forth by the ICC Rules, to the extent that these are not validly deviated from in the Agreement.

10.3

Lack of timely payment from the Customer always constitutes a significant defect, and CBA can counteract this by withholding access and right of disposal over the Channel, by withholding all or parts of the operating profit from the Channel, or in other ways in accordance with the legal rules applicable to the Agreement.

 

11. LIMITATIONS OF LIABILITY AND DISCLAIMERS

11.1

CBA shall not be liable for any delay or failure to fulfil obligations under the Agreement if it is due to circumstances beyond the control of the CBA and which the CBA did not or should not have foreseen, including, but not limited to, force majeure, war, pandemic, terrorism, fire, rebellion, strike, lockout or other serious labor market related discrepancies, changing tax regulations, riots, earthquakes, floods, explosions or other natural phenomena.

The rights and obligations which accrue to or are incumbent on the CBA under this provision are extended by a period corresponding to the period during which the situation has lasted. If such a situation persists for more than 90 calendar days, the Agreement may be terminated, in accordance with clause 7.1, with written notice of 1 month until the end of a month.

11.2

CBA is not responsible if relationships with YouTube, Google or any other third party with significant influence on the YouTube platform prevent the delivery of CBA’s services.

11.3

CBA makes no guarantees and assumes no responsibility for whether the Channel makes an operating profit or loss. CBA develops a concept based on a business idea that is not guaranteed, and the Customer chooses to bear the risk that the Channel will be successful.

 

 12. COMPLAINTS AND OBSOLESCENCE

12.1

The Customer must complain about deficiencies immediately, and it is the Customer’s responsibility to carry out such an inspection as is required by normal good business practice.

 

13. JURISDICTION

13.1

The Agreement is regulated solemnly by these Terms of trade and the specific Consulting and service agreement between CBA and the Customer.

13.2

Any dispute or claim that may arise in connection with the Agreement, including disputes concerning the existence, breach, termination or invalidity thereof of the Agreement, may be brought by each party before the ICC Court of Arbitration https://iccwbo.org/, that also sets the Venue of the Dispute to be Dubai, UAE.

 

13.3

The language of all Correspondence and conflict documents are to be in English to be legally binding in handling any and all conflicts under this contract. The language of all correspondence and conflict documents are to be English to be legally binding in handling in any and all conflicts under this contract.