Terms & Conditions

For the purposes of this Agreement, the following terms shall bear the meanings assigned below, and cognate expressions shall be construed accordingly: (a) 'User,' 'you,' or 'your' means any natural or legal person who accesses, browses, or otherwise interacts with the Services; (b) 'Content' means all text, images, data, software, audio, video, or other materials made available through the Services; (c) 'Intellectual Property Rights' means all patents, copyrights, trademarks, trade secrets, moral rights, and any other proprietary rights recognised under the laws of any jurisdiction; (d) 'Force Majeure Event' means any act, event, or circumstance beyond the reasonable control of The Black Book, including but not limited to war, insurrection, terrorism, acts of God, governmental restrictions, epidemics, pandemics, strikes, lockouts, failures of telecommunications infrastructure, or disruptions of the global internet backbone.

Headings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement. References to statutes, statutory provisions, or subordinate legislation shall include any statute, statutory provision, or subordinate legislation which amends, extends, consolidates, or replaces the same, and any orders, regulations, instruments, or other subordinate legislation made under the relevant statute or statutory provision. Words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders.

By accessing the Services, you represent and warrant that: (i) you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) you possess the full legal capacity, right, and authority to enter into this Agreement and to perform your obligations hereunder; (iii) you are not subject to any legal disability, bankruptcy proceeding, or contractual restriction that would prevent you from complying with this Agreement; and (iv) all information you submit to us is true, accurate, current, and complete.

We reserve the absolute and unfettered right, in our sole discretion and without prior notice or liability, to refuse access to the Services, terminate accounts, remove or edit Content, or cancel engagements for any reason whatsoever, including but not limited to breaches of this Agreement, suspected fraudulent or unlawful activity, or any conduct that we determine, in our sole judgment, to be harmful to our interests, reputation, or the interests of third parties.

The Black Book provides strategic distribution, community engagement, targeted outreach, narrative positioning, and related advisory services (the 'Services'). The precise scope, deliverables, timelines, and fees for any engagement shall be determined by a separate written agreement, statement of work, or proposal (each, an 'Engagement Document') executed by both parties. In the event of any conflict between this Agreement and an Engagement Document, the terms of the Engagement Document shall prevail solely to the extent of such conflict.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE BLACK BOOK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT: (A) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE; (B) ANY PARTICULAR RESULTS, METRICS, ATTENTION LEVELS, ENGAGEMENT RATES, OR FINANCIAL OUTCOMES WILL BE ACHIEVED; (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR OBJECTIVES; OR (D) ANY ERRORS IN THE SERVICES OR CONTENT WILL BE CORRECTED.

All projections, estimates, case studies, testimonials, or performance data displayed on this website or in marketing materials are illustrative in nature, based on past engagements, and do not constitute a promise, forecast, or guarantee of future performance. Past results are not necessarily indicative of future outcomes.

All Intellectual Property Rights in and to the Services, the website, its design, architecture, source code, databases, underlying technology, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and all other Content (collectively, the 'Proprietary Materials') are owned by, licensed to, or otherwise controlled by The Black Book and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your strict compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal, non-commercial, informational purposes. You shall not: (a) reproduce, duplicate, copy, sell, resell, lease, lend, license, distribute, or exploit any portion of the Services or Content; (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code of any Proprietary Materials; (c) remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices; (d) use any automated system, software, or device to scrape, mine, data-mine, harvest, spider, or index any portion of the Services; or (e) circumvent, disable, or otherwise interfere with security-related features of the Services.

Any feedback, suggestions, ideas, or other submissions you provide to us regarding the Services shall be deemed non-confidential and non-proprietary, and you hereby irrevocably assign to The Black Book all right, title, and interest therein, including all Intellectual Property Rights, without any obligation of compensation, attribution, or accounting.

You agree not to use the Services for any purpose that is unlawful, prohibited by this Agreement, or contrary to the rights or interests of The Black Book or any third party. Without limiting the foregoing, you shall not: (i) upload, post, transmit, or otherwise make available any Content that is defamatory, libellous, obscene, pornographic, abusive, threatening, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would constitute a criminal offence or give rise to civil liability; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (iv) transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; or (vi) interfere with or disrupt the integrity, security, or performance of the Services or any networks, servers, or systems connected thereto.

We reserve the right, but assume no obligation, to monitor, investigate, and take appropriate legal action against anyone who, in our sole discretion, violates the foregoing prohibitions, including without limitation removing offending Content, suspending or terminating access, and reporting violations to law enforcement authorities.

The Services may contain links, references, or integrations to third-party websites, applications, social media platforms, or services ('Third-Party Platforms') that are not owned or controlled by The Black Book. We provide these links solely as a convenience to you and do not endorse, sponsor, or assume any responsibility for the content, privacy practices, terms of use, or security of any Third-Party Platform. Your use of any Third-Party Platform is at your own risk and subject to the terms and policies of that platform's operator.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BLACK BOOK EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF ANY THIRD-PARTY PLATFORM, INCLUDING WITHOUT LIMITATION ANY MALWARE, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO YOUR DEVICE.

You agree to indemnify, defend, and hold harmless The Black Book, its affiliates, officers, directors, employees, agents, licensors, successors, and assigns (collectively, the 'Indemnified Parties') from and against any and all claims, demands, actions, suits, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of this Agreement or any applicable law, regulation, or rule; (c) your violation of any rights of a third party, including but not limited to Intellectual Property Rights, privacy rights, or publicity rights; or (d) any Content you submit, post, transmit, or otherwise make available through the Services.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such event you shall cooperate with us in asserting any available defences.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BLACK BOOK OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE BLACK BOOK'S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL IN NO EVENT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO THE BLACK BOOK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (II) ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE BLACK BOOK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. THE BLACK BOOK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

No advice, guidance, or information, whether oral or written, obtained by you from The Black Book or through the Services shall create any warranty not expressly stated in this Agreement.

This Agreement and any dispute, controversy, or claim arising out of or in connection with it (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Islamic Republic of Afghanistan, without regard to its conflict-of-laws principles or the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, which cannot be resolved through good-faith negotiations within thirty (30) days of written notice of the dispute, shall be finally settled by binding arbitration administered by the Afghanistan Commercial Arbitration Centre (or, if unavailable, by a single arbitrator appointed by the Afghanistan Chamber of Commerce and Industry) in accordance with its then-prevailing arbitration rules. The seat of arbitration shall be Kabul, Afghanistan. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, The Black Book may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its Intellectual Property Rights or proprietary information.

Neither party shall be in breach of this Agreement, nor liable for any failure or delay in the performance of its obligations hereunder (other than obligations to make payments), to the extent that such failure or delay arises out of a Force Majeure Event. The party affected by a Force Majeure Event shall promptly notify the other party in writing of the nature and expected duration of the delay, and shall use all commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance of its obligations as soon as practicable.

If a Force Majeure Event prevents a party from performing its material obligations for a continuous period exceeding sixty (60) days, the non-affected party may terminate this Agreement by giving written notice to the affected party, without prejudice to any rights or remedies accrued prior to such termination.

During the course of any engagement or interaction with the Services, either party may disclose or make accessible to the other party certain confidential, proprietary, or non-public information, whether technical, commercial, financial, or otherwise ('Confidential Information'). The receiving party agrees to: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to those employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations no less protective than those contained herein; and (c) use Confidential Information solely for the purpose for which it was disclosed.

The obligations of confidentiality shall not apply to information that: (i) is or becomes generally available to the public through no breach of this Agreement; (ii) was rightfully known to the receiving party prior to disclosure; (iii) is rightfully received by the receiving party from a third party without restriction on disclosure; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information. The obligations set forth in this section shall survive termination of this Agreement for a period of five (5) years, or, with respect to trade secrets, for so long as such information remains a trade secret under applicable law.

This Agreement shall remain in full force and effect so long as you continue to access or use the Services. We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services shall immediately cease, and you must promptly destroy all copies of any Content or Proprietary Materials in your possession or control.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, confidentiality obligations, and governing law provisions.

This Agreement, together with any Engagement Documents and policies referenced herein, constitutes the entire agreement between you and The Black Book concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, negotiations, and discussions, whether oral or written.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

No waiver of any term or condition of this Agreement shall be valid unless in writing and signed by an authorised representative of The Black Book. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

You shall not assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under this Agreement without the prior written consent of The Black Book. We may assign, transfer, or novate this Agreement, in whole or in part, at any time without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void.

Any notice, request, or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given: (a) when delivered personally; (b) five (5) business days after having been sent by registered or certified mail, postage prepaid, return receipt requested; or (c) upon confirmation of transmission when sent by email, provided that the sender does not receive an automated delivery failure notice. Notices to The Black Book shall be addressed to: The Black Book, Kabul, Afghanistan, or such other address as we may designate by notice to you from time to time.

We reserve the right, at our sole discretion and without liability, to modify, amend, or update this Agreement at any time. All changes shall be effective immediately upon posting the revised Agreement on the Services, and your continued access to or use of the Services after any such changes constitutes your binding acceptance of the revised Agreement. It is your sole responsibility to review this Agreement periodically for changes. If you do not agree to the revised terms, you must immediately cease all use of the Services.

You acknowledge and agree that your use of the Services, including the clicking of any 'I Agree,' 'Accept,' or similar button, or the sending of any inquiry, request, or engagement communication to The Black Book, constitutes your electronic signature and your affirmative consent to enter into this Agreement and to conduct transactions electronically. You further agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.