Terms & Conditions

Effective Date: 01. January 2025
Company: YOURPOWER CONSULTING & MANAGEMENT – FZCO
Service Line: Desert Storm – Strategic Management Consulting
Address: IFZA Business Park, DDP, PO Box 342001, Dubai Silicon Oasis, Dubai, United Arab Emirates

1. Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between the client ("you" or "Client") and YOURPOWER CONSULTING & MANAGEMENT – FZCO, a company duly registered under the laws of the United Arab Emirates (UAE), with its principal place of business at IFZA Business Park, DDP, PO Box 342001, Dubai Silicon Oasis, Dubai, United Arab Emirates ("YOURPOWER", "we", "us", or "our").

These Terms apply to all consulting, advisory, and strategic management services provided under the Desert Storm brand, which operates as a service line wholly owned and managed by YOURPOWER. Desert Storm specializes in high-performance consulting services, including—but not limited to—business analysis, organizational optimization, leadership alignment, interim management, and growth strategy development.

1.1 Agreement to Terms

By accessing, engaging, or entering into any form of communication, proposal, or contractual relationship with Desert Storm or YOURPOWER, you acknowledge that:

You have read, understood, and agree to be bound by these Terms
You possess the legal capacity and authority to enter into this agreement on behalf of yourself or the entity you represent
You agree to comply with all applicable laws, regulations, and contractual obligations arising from the engagement

If you do not agree to any part of these Terms, you must refrain from engaging our services.

1.2 Scope of Application

These Terms apply to:

All consulting services provided under the Desert Storm brand
All formal and informal engagements, including pre-contractual discussions, proposals, discovery sessions, and workshops
Any ancillary services or deliverables linked to the advisory engagement
All communication, documentation, and shared materials during the course of our engagement

Custom or supplemental agreements (e.g., project-specific contracts or service-level agreements) may supersede certain clauses of these Terms if explicitly stated in writing. In the absence of such provisions, these Terms shall prevail.

1.3 Service Entity Clarification

Desert Storm is not a separate legal entity but rather a distinct service line and operational unit within YOURPOWER. All contractual, financial, and legal obligations related to services provided under the Desert Storm name are the sole responsibility of YOURPOWER.

All invoices, legal correspondence, and binding documentation will reflect YOURPOWER as the responsible corporate entity.

1.4 Language and Communication

All contractual communications, documentation, and service correspondence shall be conducted in English or German.

1.5 Acceptance Date

The effective date of this agreement is the earlier of:

The date you sign a written service agreement
The date of your first payment to YOURPOWER
The date you receive and acknowledge any form of Desert Storm service delivery

2. Services

Desert Storm is a strategic business consulting service line operated by YOURPOWER, specializing in providing high-performance advisory solutions to corporate clients, SMEs, family businesses, and interim management mandates. Our services are delivered under strict professional standards and in alignment with each client’s goals, sector requirements, and organizational context.

The following non-exhaustive list outlines the service categories we offer under the Desert Storm brand:

Comprehensive business analysis
Strategic and operational advisory
Organizational restructuring
Interim and turnaround management
Leadership performance alignment
Development and execution of growth strategies
Executive and performance coaching for individuals

2.1 Advisory Retainers & Long-Term Support

Desert Storm offers retainer-based engagements for clients seeking ongoing, on-demand strategic support.

2.2 Nature of Service

All services are consultative in nature. While we aim to guide, structure, and enable strategic execution, the client retains responsibility for final decisions and operational implementation unless otherwise explicitly agreed in writing.

3. Client Responsibilities

To ensure a productive, transparent, and professional consulting relationship, the client agrees to fulfill the following responsibilities throughout the engagement with Desert Storm, a service line of YOURPOWER.

3.1 Provision of Accurate and Timely Information

The client shall provide all relevant and necessary information, documents, access credentials, and data in a timely and accurate manner. Furthemore he shell disclose any material facts or changes that may affect the scope, timeline, or feasibility of the services and ensure all shared information is truthful, up-to-date, and legally obtained.

3.2 Access to Personnel and Decision-Makers

The client agrees to make available key personnel for meetings, interviews, or workshops as reasonably required. He agrees to appoint a primary contact who has decision-making authority or can escalate issues promptly and ensure that internal stakeholders understand the purpose of the engagement and are aligned with project objectives.

Without adequate access to personnel, Desert Storm cannot be held responsible for delays or misalignment.

3.3 Engagement and Cooperation

The client undertakes to cooperate in good faith with Desert Storm consultants at all stages of the engagement. He respects scheduled meetings, respond to requests in a timely manner, and provide feedback when solicited. He proactively raises concerns or objections to any deliverables, timelines, or interpretations during the course of the project.

A collaborative approach is essential to achieve desired outcomes. Unresponsiveness or internal misalignment may impair results.

3.4 Implementation Ownership

Desert Storm services are consultative and non-binding. Therefore, the client retains full responsibility for all strategic, operational, and legal decisions taken during and after the engagement. He acknowledges that implementation, monitoring, and enforcement of suggested changes rest solely with the client unless a separate implementation agreement is executed. The client agrees that Desert Storm is not liable for outcomes stemming from partial, delayed, or inaccurate implementation of recommendations.

3.5 Legal and Compliance Obligations

The client confirms that he is authorized to engage Desert Storm for the services described and that such engagement does not violate any applicable law, regulation, or contractual obligation. He will not request or expect Desert Storm to perform any illegal or non-compliant activity.

4. Confidentiality

At YOURPOWER, we uphold the highest standards of confidentiality and professional discretion across all client relationships, including all services rendered under the Desert Storm service line. This section defines our confidentiality obligations, the client’s corresponding duties, and the scope of protected information.

4.1 Definition of Confidential Information

For the purposes of these Terms, “Confidential Information” includes, but is not limited to:

Any business, financial, technical, strategic, or operational information disclosed by the client, whether oral, written, visual, digital, or in any other format
Client data, contracts, commercial plans, pricing models, intellectual property, investor materials, and internal reports
Project-related discussions, deliverables, frameworks, methodologies, and tools
The fact of the consulting relationship itself, unless publicly disclosed with mutual consent

Confidential Information does not include information that:

Was already known to the receiving party before disclosure by the disclosing party
Becomes publicly available through no breach of these Terms
Is lawfully received from a third party without restriction
Is required to be disclosed by law, regulation, or court order (with advance notice provided, where legally permissible)

4.2 Non-Disclosure Obligations

We undertake to use Confidential Information solely for the purpose of delivering the contracted services, restrict access to such information only to authorized team members or subcontractors bound by equivalent confidentiality obligations and take commercially reasonable steps to protect client data from unauthorized access, use, or disclosure, both during and after the engagement

We will not sell, publish, or otherwise misuse Confidential Information, use client names, logos, or project content in marketing or promotional materials without prior written consent. We never disclose the identity of our clients or any project details without explicit permission.

4.3 Exceptions to Use

Notwithstanding the above, Desert Storm reserves the right to

Use anonymized, aggregated, and non-identifiable information solely for internal analysis, service improvement, or benchmarking purposes
Retain internal working copies of deliverables for record-keeping and legal compliance
Refer to the general industry or nature of work (e.g., “FMCG profitability audit,” “leadership alignment project,” etc.) in non-identifying contexts unless otherwise restricted by the client

4.4 Duration of Confidentiality Obligation

These confidentiality obligations remain in effect during the course of the engagement and for a period of five (5) years thereafter, unless a longer term is set by a separate agreement. These confidentiality survives termination or expiration of the service agreement.

4.5 Mutual Confidentiality (If Applicable)

If, during the course of engagement, Desert Storm discloses proprietary tools, processes, pricing models, or methodologies to the client, the client agrees to treat such information as confidential and refrain from disclosing it to third parties, reverse-engineering or replicating it for competitive use.

5. Privacy Policy

YOURPOWER, including its service line Desert Storm, is committed to safeguarding the privacy and personal data of our clients, business partners, and website users in accordance with the applicable laws of the United Arab Emirates, including Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (UAE PDPL), and industry best practices.

This Privacy Policy section outlines how we collect, use, process, store, and protect your personal data in the context of our professional consulting services.

5.1 Data Collection

We may collect and process the following categories of personal and business information from clients and users:

Contact details (e.g., full name, email address, phone number)
Company information (e.g., trade license details, company size, industry)
Communication records (e.g., emails, meeting notes, call summaries)
Financial or billing information (e.g., invoices, payment confirmations)
Website usage data, if interacting through our online platforms
Any documents, data, or records shared with us as part of our engagement

5.2 Purpose of Data Use

We collect and process your data solely for legitimate business purposes, including:

Service delivery and execution of consulting engagements
Client onboarding, identification, and compliance with legal obligations
Invoicing, payment processing, and financial reconciliation
Communication related to service updates, scheduling, and reports
Internal performance tracking, quality assurance, and business improvement
Legal documentation and contract enforcement

Your data will never be used for purposes incompatible with the original reason for collection unless your consent is explicitly obtained.

5.3 Data Sharing

We do not sell, lease, or distribute your personal data to third parties.

We may, however, share data in the following circumstances:

With authorized subcontractors or consultants working under strict confidentiality who assist in delivering the agreed services
With cloud-based service providers (e.g., CRM, file-sharing, analytics) that comply with data security and privacy standards
When required by legal authorities, court orders, or regulatory obligations
In connection with a business merger, restructuring, or acquisition (with appropriate safeguards)

All third-party data recipients are contractually bound to uphold confidentiality and data protection obligations.

5.4 Data Retention

We retain personal data only for as long as necessary to fulfill the purpose for which it was collected, comply with legal, regulatory, and accounting requirements and defend against legal claims or enforce contracts.

Unless otherwise agreed, data may be retained for a standard period of five (5) years after the end of the client relationship, subject to applicable laws.

5.5 Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your data, including:

Encrypted storage of sensitive information
Restricted access controls on confidential files
Secure communication channels (e.g., encrypted email or portals)

However, no system is 100% immune to cyber threats. We are not liable for breaches arising from factors beyond our reasonable control.

5.6 Data Subject Rights

You have the following rights under applicable data protection laws:

The right to access the personal data we hold about you
The right to request correction or deletion of inaccurate or outdated data
The right to withdraw consent where processing is based on consent
The right to restrict or object to certain forms of data processing

To exercise your rights, please contact us in writing at the contact address provided in Section 12.

5.7 International Data Transfers

While YourPower is headquartered in the UAE, we may process data through cloud services or subcontractors located in jurisdictions with adequate data protection laws. All international data transfers are made with contractual and technical safeguards in place to protect your information.

5.8 Cookies & Online Tracking (if applicable)

If you access our services via a website, we may use cookies or similar technologies to enhance user experience, track website usage, and optimize functionality. You can manage cookie settings via your browser preferences. No tracking is done for advertising purposes unless expressly stated and consented to.

5.9 Updates to this Policy

We reserve the right to update this Privacy Policy from time to time to reflect changes in law, technology, or service delivery. The latest version will always be available upon request or on our website. Continued use of our services implies acceptance of any updates.

6. Fees & Payment Terms

All fees charged for consulting and advisory services under the Desert Storm service line of YOURPOWER are governed by this section. Clients agree to the following terms upon engagement:

6.1 Fee Structure

All consulting services are subject to clearly defined pricing structures, which may include:

Setup or service fees
Fixed project-based fees (e.g., for defined scopes and deliverables)
Monthly retainers (e.g., for ongoing advisory and interim management)
Hourly or daily rates (e.g., for short-term or on-demand consulting support)
Success or performance-based fees, where applicable and agreed in writing

6.2 Payment Terms

Unless otherwise specified in the written agreement:

100% of the agreed fee is payable in advance prior to project initiation
For retainers or long-term engagements, monthly or milestone-based invoicing schedules may apply
Invoices are payable due on receipt
Fees must be paid in AED (UAE Dirham), EUR (Euro) or another mutually agreed currency

Any deviation from these terms must be formally agreed upon in writing.

6.3 VAT and Tax Obligations

All fees are exclusive of Value Added Tax (VAT) or any other applicable taxes, duties, or levies unless otherwise stated. Where applicable, VAT shall be added at the prevailing rate as per UAE Federal Tax Authority regulations. The client shall be solely responsible for all applicable taxes arising from the transaction, including any bank charges for international transfers

6.4 Late Payment & Penalties

In the event of late or delayed payments:

Desert Storm reserves the right to suspend services or withhold deliverables until outstanding payments are received
Repeated payment delays may result in permanent suspension or termination of the engagement, with legal costs recoverable by YOURPOWER

6.5 Retainer-Based Engagements

Where services are provided under a retainer model, the following terms apply:

Retainer fees are billed monthly in advance and are non-refundable
The retainer secures service availability and priority access, regardless of actual service consumption in a given month
Unused hours or service credits do not carry over unless explicitly agreed in writing
Retainers may be combined with success-based incentives, depending on the agreement

6.6 Milestone-Based Payments

In certain projects, commission-based payments may be structured around predefined deliverables or milestones. In such cases:

Payment will be due upon submission of each milestone deliverable, regardless of internal delays in implementation or review by the client
If a milestone is delayed due to client inaction, we reserve the right to invoice based on effort already expended
In the event that a defined milestone or objective is only partially achieved, the corresponding success fee shall be payable on a pro-rata basis, reflecting the degree of completion, as reasonably determined and mutually agreed upon by both parties.

6.7 Refunds and Adjustments

All payments are final and non-refundable once a service has been initiated or time/resources have been allocated. Refunds for prepaid but unused services may be considered at our sole discretion, based on a documented written request. In the event of project termination or cancellation (see Section 7), any prepaid amounts will be reconciled against services already delivered, and any balance may be refunded or retained depending on the terms of cancellation.

6.8 Currency Fluctuations and Transfer Fees

For international clients:

The client is responsible for ensuring full payment is received net of any bank fees or currency exchange deductions
Any shortfall caused by transfer fees or currency differences must be settled by the client within five (5) business days of notification

6.9 Disputes on Invoicing

If the client wishes to dispute any invoice, the dispute must be submitted in writing within seven (7) calendar days of receipt of the invoice. The undisputed portion of the invoice remains payable on the original due date.

We will review all disputes promptly and in good faith. However, unjustified withholding of payment may result in immediate suspension of services

7. Cancellation & Termination

This section outlines the rights and obligations of both the client and YOURPOWER (operating under the “Desert Storm” service line) with respect to the cancellation or termination of services.

7.1 Mutual Right to Terminate

Either party may terminate the service agreement at any time, for any reason, by providing the other party with a minimum of fourteen (14) calendar days’ written notice via email or registered correspondence. In such cases:

Services will be delivered as agreed until the effective termination date.
Any outstanding payments for completed work or partially completed work remain due and payable.
Upon termination, any further obligations of both parties cease, except for confidentiality, payment of outstanding fees, and any clauses intended to survive termination.

7.2 Termination for Breach

Either party may immediately terminate the agreement without prior notice in the event of a material breach by the other party, including but not limited to:

Failure to pay fees as agreed
Failure to provide information or cooperation essential for service delivery
Disclosure or misuse of confidential information
Violations of applicable laws or ethical standards
Insolvency, bankruptcy filing, or cessation of business operations

In such cases, all fees for services rendered up to the date of termination shall remain payable, and the non-breaching party may pursue legal remedies under applicable UAE law.

7.3 Termination Due to Force Majeure

In accordance with Section 9 (Force Majeure), either party may terminate the agreement if performance is rendered impossible or commercially impractical for a continuous period of thirty (30) days or more due to force majeure conditions. No penalties or liabilities shall apply, except for fees due for services already rendered.

7.4 Client-Initiated Cancellation

In the case of client-initiated cancellation, any advance payments or retainers are non-refundable unless otherwise agreed in writing. In terms of milestone-based success fees - if cancellation occurs after project commencement but before completion, the client shall be invoiced for the pro-rata value of services already performed, including preparation work and time committed to date. Where milestone payments apply, any completed or partially completed milestones will be deemed due.

Refunds for unused services or prepayments will be issued only at the sole discretion of YOURPOWER and are not guaranteed.

7.5 Consultant-Initiated Cancellation

In rare circumstances, we reserve the right to suspend or terminate the engagement due to:

Irreconcilable misalignment of expectations
Repeated non-cooperation or lack of responsiveness from the client
Ethical concerns, reputational risks, or legal red flags
Situations where continued engagement is deemed counterproductive, unsafe, or legally inappropriate

In such cases, we will provide reasonable notice and may assist with transition or handover of relevant documentation, subject to settlement of all outstanding dues.

8. Limitation of Liability

8.1 Nature of Services

All services delivered under Desert Storm are intended to support and guide client decision-making through professional insights, analysis, and recommendations. They do not constitute legal, tax, or financial advice, nor are they guaranteed to achieve a particular outcome.

The client remains solely responsible for:

Evaluating the relevance, accuracy, and applicability of our advice
Making business decisions based on their internal assessments and external obligations
Implementing, monitoring, and managing any recommendations or strategies suggested by Desert Storm

8.2 No Guarantee of Results

All projections, forecasts are based on assumptions and data available at the time of engagement. While Desert Storm may project potential business outcomes or offer strategy recommendations, we do not warrant or guarantee:

Any specific financial result, business success, operational improvement, or ROI
Market response, client satisfaction, or regulatory approval
Fulfillment of third-party obligations or external conditions

8.3 Indirect and Consequential Damages

To the fullest extent permitted under UAE law, we are not liable for any:

Loss of profits, revenue, business, contracts, data, or goodwill
Business interruption, opportunity costs, or reputational damage
Indirect, incidental, special, punitive, or consequential damages of any kind, whether arising from breach of contract, negligence, misrepresentation, or otherwise

This exclusion applies even if we have been advised of the possibility of such damages.

8.4 Limitation of Total Liability

In any and all circumstances, the maximum aggregate liability of YOURPOWER, including all its officers, employees, subcontractors, and consultants, shall be limited to 20% of the total amount of fees paid by the client for the specific engagement or service under which the claim arose.

Where services are delivered under a retainer or multi-phase agreement, liability is limited to 20 % of the fees paid for the month or milestone directly connected to the disputed service.

9. Force Majeure

YOURPOWER, including its service line Desert Storm, shall not be held liable for any delay or failure to perform its obligations under any agreement or these Terms if such delay or failure arises from circumstances beyond its reasonable control, collectively referred to as a “Force Majeure Event.”

9.1 Definition of Force Majeure

Force Majeure Events may include, but are not limited to:

Acts of God (e.g., floods, earthquakes, storms, lightning)
Epidemics, pandemics, or public health emergencies
Wars (declared or undeclared), military actions, or civil unrest
Acts of terrorism or sabotage
Governmental restrictions, lockdowns, sanctions, or changes in law or regulation
Power outages, internet failures, or cyberattacks beyond the service provider’s control
Labor strikes, industrial disputes, or transportation breakdowns
Any other unforeseen event that materially impairs either party’s ability to fulfill its obligations

9.2 Notification and Mitigation

In the event of a Force Majeure the affected party must promptly notify the other party in writing, specifying the nature of the event, its expected duration, and any steps being taken to mitigate its impact. The affected party shall take all reasonable steps to resume performance of its obligations as soon as reasonably possible.

Failure to notify within a reasonable period may limit the affected party’s rights under this clause.

9.3 Suspension of Obligations

Upon occurrence of a Force Majeure Event the affected party’s obligations will be temporarily suspended for the duration of the Force Majeure Event, and no breach shall be deemed to have occurred during this period. Time for performance shall be extended accordingly, taking into account the period of delay or interruption. Payment obligations for services already rendered shall remain enforceable and unaffected.

10. Governing Law & Jurisdiction

These Terms and Conditions, and any contractual, commercial, or legal relationship between the client and YOURPOWER, including all services rendered under its service line Desert Storm, shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates (UAE), specifically as enforced in the Emirate of Dubai.

10.1 Governing Law

All matters arising out of or in connection with the interpretation, validity, enforcement, or breach of these Terms shall be governed exclusively by:

The Federal Laws of the United Arab Emirates, and
The local laws and regulations of the Emirate of Dubai, as applicable to free zone entities registered under IFZA (International Free Zone Authority)

Where matters are not expressly addressed by UAE legislation, reference may be made to recognized international commercial practices, provided they do not contradict public policy or statutory law in the UAE.

10.2 Jurisdiction

Any dispute, controversy, or claim arising out of or relating to

The existence, validity, interpretation, performance, breach, or termination of any service agreement
Any pre-contractual obligation or communication
The use of Desert Storm services or any matter addressed in these Terms

shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai, including but not limited to the Dubai Courts or DIFC Courts where applicable by mutual agreement or legal registration.

10.3 Alternative Dispute Resolution

Before resorting to court proceedings, both parties agree to explore an amicable resolution through:

Good-faith negotiation between authorized representatives
Optional non-binding mediation facilitated by a mutually agreed third-party mediator in Dubai

Engaging in such alternative dispute resolution shall not prevent either party from seeking urgent injunctive relief or enforcement where necessary.

10.4 Language of Proceedings

Unless otherwise agreed in writing all contractual documents and legal proceedings shall be conducted in English. Translations, where required for regulatory or procedural reasons, shall be at the cost of the requesting party and for reference purposes only

11. Contact Information

Email: info@yourpower-consulting.com

Address: IFZA Business Park, DDP, PO Box 342001, Dubai Silicon Oasis, United Arab Emirates