GENERAL TERMS AND CONDITIONS INTRODUCTION A
1.1 “EXTENT Corporate Service Provider” is a platform that provides professional consultation and services including but not limited to company registrations, company formations, residence permits, leases, translations, bank account openings & management, notarizations, legislations, and obtaining different permits.
1.2 The following Terms and Conditions ("The Terms") regulate your use of the EXTENT.ae Website ("Website") and any of their associated products and Services (collectively, "Services"). These Terms are legally binding between you (“User,” “you,” “Customer,” or “your”) and EXTENT Corporate Service Provider (“EXTENT,” “we,” “us,” or “our”). EXTENT and you together will be referred to as “the parties.” The terms "User," "you," or "your" relate to the entity in question if you are signing this agreement on behalf of a company or other legal entity and you represent that you are authorized to bind that entity to its terms.
1.3 EXTENT does not agree to any Terms of the Customer and is only bound by these terms.
1.4 You must not accept this agreement and may not access or use the Services if you do not have such authority or do not agree with the provisions of these Terms. You acknowledge that you have read, understand, and agree to be bound by these Terms of these Terms by accessing and using the Services. You accept that, despite the fact that these Terms are electronic and not physically signed by you, they constitute and govern your use of the Services in any agreement between you and EXTENT.
2. SERVICES
2.1. Our Services are focused on performing several administrative services aimed at assisting establishments and companies wishing to conduct business by carrying out the procedures required to register and obtain the necessary licenses from official authorities, assisting these companies in obtaining partnerships with foreign companies. 2.2. The booking of a Service by a Customer must be personally or digitally signed or agreed upon. A contract is concluded when the Customer signs a contract offer or otherwise accepts or confirms it. 2.3. EXTENT is permitted to use its own service providers or independent third parties to carry out all or any part of the Scope of Work provided that such Service Providers of third parties have the necessary qualifications to provide the agreed Services.
3. PRICING AND PAYMENT
3.1. Prices mentioned in the “Service offers” exclude any taxes and must be paid in the mentioned currency. All payments must be made upfront and immediately after entering a Service Agreement and upon the receipt of an invoice.3.2. For the method of payment, third-parties may be involved (such as PayPal or other payment platforms). We do not endorse, are not responsible or liable for, and make no claims about any part of such other Services, including their content or the manner in which they handle data or any interaction between you and the Provider of such other Services. 3.3. Whenever a payment is made, firstly, the costs (if existing), secondly, the interest rates (if existing), and lastly, the primary obligation is paid. If there are multiple open bills that have not been covered, the payment will be used to cover the oldest invoice.3.4. We reserve the right to deduct money from third Party Service Providers (such as PayPal or Stripe) if your payments are due. 3.5. You must cover all possible arising transaction fees, bank charges, exchange rate discrepancies, and others related to the settlement of the payment. As soon as the payment has been settled, the Customer has an entitlement to receive his ordered Services. 3.6. EXTENT has the right to increase its prices in the event that external expenses such as license fees, government fees, registration fees, visa fees or the fees of sub-contractors will be increased. EXTENT is entitled to increase its fees for a specific service to the same extent as the external expenses increase. 3.7. EXTENT has the right to suspend any Services in the event the Customer is in default with its payments. In the case of the payment not being settled within an appropriate time, EXTENT reserves the right to adjust and change prices or suspend the provision of Services to you. If the payment has not been settled within a timeframe of seven (7) calendar days, EXTENT has the right to adjust the pricing based on currency exchange rates and to demand a new price. 3.8. We are obligated to provide the Customer with an invoice (confirmation of payment). This can be done in digital form and sent to you by Email or other digital channels. 3.9. You may be charged for any efforts taken (judicial and extrajudicial costs) in relation to the collection of your unsettled payment, including the fees of third parties engaged by us to collect the unsettled payment. All fees mentioned in this Agreement are net fees. In the event, that the fees are subject to tax, including but not limited to VAT, or are subject to any withholding tax, such tax will be added.
3.10. In the case that the Customer is in default with any payments under this Agreement, EXTENT has the right to suspend the provision of services immediately. EXTENT has the right to retain any documents and information till due payments have been settled.
4. THIRD PARTY SERVICES
4.1. The Services may link to other resources (such as websites, mobile phone applications, etc.), and we are not, in any way, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically mentioned herein. We have no obligation to investigate, assess, or guarantee the accuracy of any company's or person's information, product, service, or another offer. We disclaim all duty and responsibility for any such third parties' conduct, goods, services, and content. Whenever you access a resource through a link on the Services, you should carefully check the legal disclaimers and other terms of use. You do it at your own risk when you link to any other off-site content.4.2. If the Customer chooses to make use of or access third-party Services (such as for Payments), be advised that your access and use of such other Services are governed solely by their own terms and conditions. We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other Services, including, without limitation, their content or the manner in which they handle data or any interaction between you and the Provider of such other Services. You irrevocably waive any claim against EXTENT with respect to third-party Services. EXTENT is not responsible for any loss or damage caused or purported to be caused by or in relation to your activating, accessing, or using any other Services, or your dependence on such other Services' privacy practices, data security processes, or other policies. Such other Services may need you to sign up for or register on their separate platforms. By enabling any other Services, you fully consent to EXTENT disclosing your data as needed to allow the usage or enablement of such other Services.
5. DURATION OF SERVICE AND TERMINATION
5.1. Each Service Agreement shall provide its minimum term. If the Service Agreement does not contain a provision regarding the minimum term, the minimum term shall be twelve (12) months starting from the date of signing the Service Agreement. The Service agreement renews automatically after the minimum term for another twelve (12) months. If a party does not wish for the automatic renewal it must terminate the Agreement at least ninety (90) calendar days (approx. 3 months) before the automatic renewal takes place. EXTENT reserves the right to make any amendments or changes in the future. A termination for convenience is not possible during the duration of the agreed term. 5.2. A termination must be done in written form in order to be effective and be sent to the other party by email or registered mail. The non-renewal / termination notice has to be served on the other party 90 calendar days prior to the end of the relevant term.
6. COOPERATION OF THE CUSTOMER
6.1. The Customer must provide the necessary cooperation on our request on time. If the Customer fails to cooperate and thus prevents the provision of services or the occurrence of success, our claim for remuneration remains unaffected and the Customer is obligated to pay all additional costs, penalties, or fees incurred as a result. The same applies if we are prevented from providing the agreed services due to a lack of cooperation on the Customer’s part or other reasons for which the Customer is responsible. Furthermore, we reserve the right to adjust contractual objects (e.g., the removal of temporary sales that can no longer be provided). The Customer is obliged to respond and to communicate with us and to implement the strategies and measures developed and specified by us promptly. This has to be done within the timeframe given by us.6.2. The deadline for the provision of our services does not begin before we have received the payment according to the invoice. Additionally, the Deadline does not start until we receive all the data, information, and documents required for the services as agreed, provided that such information is correct and documents are provided in a manner requested by us. The client understands that certain documents might be required in an official English or Arabic translation and legalized by the UAE Embassy or Consulate and that such a process can be very time-consuming. If the Customer does not settle the agreed payment in time, we reserve the right to suspend our services. Any claims to performance(s) or guarantees are void in this case. If the Customer is in arrears with at least three payments due in the case of installment payments, the entire remaining remuneration shall be due immediately. We are also entitled to suspend the services and terminate the contract for good cause with immediate effect.6.3. In the event that the Client provides EXTENT with wrong information, in particular, but not limited to the KYC and any AML and Sanction questionnaires, EXTENT may terminate the Service Agreement with immediate effect and is under no circumstances obligated to refund any fees Client has paid prior the termination.
7. GUARANTEE AND STATUTE OF LIMITATIONS
7.1. Subject to the following provisions, the guarantee is determined by the statutory provisions.7.2. A guarantee only exists if it’s expressly mentioned in a service agreement. The Customer is obliged to fully comply with his contractual obligations to cooperate. If the Customer prevents the provision of services or the occurrence of success within the meaning of Section 6 of these Terms, the latter is not entitled to invoke any kind of guarantee.7.3. The Customer is aware that third-party providers, vicarious agents, or government bodies such as Freezone Authorities or The Department of Economic Development of the Emirate of Dubai have corresponding guidelines and service catalogs, according to which they are led to remove, add or adapt individual offers and services at any time. We, therefore, assume no liability for such processes or deviations caused by third parties.
8. RESPONSIBILITIES, REPRESENTATIONS, AND WARRANTIES
8.1. We represent and warrant that (i) the Services provided hereunder will be performed in a professional manner, (ii) as provided in the Service Agreement, and (iii) that we keep you informed about the work progress.
8.2. We make no warranty of any kind, whether express or implied, with regard to any third-party products, third-party content, or services obtained from third parties. We make no warranties of any kind, such as that the requested license or activity for the business to be incorporated will be granted.
9. INDEMNITIES
9.1. Customer Indemnity. The Customer shall indemnify, defend, and hold us harmless, our parents, subsidiaries, and affiliated companies, and its and their respective employees, officers, directors, shareholders, and agents (each an “EXTENT Indemnitee”) from and against any and all Loss incurred by an any Indemnitee based upon or arising out of any third-party claim, allegation, demand, suit, or proceeding (each, a “Claim”) made or brought against any EXTENT Indemnitee with respect to any advertising, branding, research or other products or services which we prepared or performed for Customer hereunder to the extent that such Claim relates, in whole or substantial part, to: (i) the inaccuracy of any information supplied by the Customer including, without limitation, information concerning Customer’s products and services, KYC, KYB, Identity and Source of Wealth,(ii) the use of trademark, furnished by the Customer to be included in any Materials or media placements; (iii) death, personal injury, or product liability (including health and safety) claims or actions arising from the use of Customer’s products and services; (iv) claims brought by Customer’s employees for employment discrimination, other employment or labor disputes, breach of contract, personal injury or other civil law matters, or claims brought by those parties with whom Customer has a contractual or supplier relationship; (v) allegations of patent, trademark or trade dress infringement or any other violation of a patent, trademark or trade dress right; (vi) any material breach of the terms of these Terms by, or any act of omission of the Customer.9.2. EXTENT Indemnity. Excluding claims covered by Section 9.1, EXTENT shall indemnify, defend, and hold the Customer harmless, the Customer Affiliates, and their respective employees, members, managers, officers, directors, shareholders, and agents (each a “Customer Indemnitee”) from and against any and all Loss incurred by a Customer Indemnitee based upon or arising out of any Claim made or brought against a Customer arising out of the production or dissemination of materials produced hereunder that involve (i) libel, slander, defamation, copyright infringement, or (ii) damage to or destruction of personal property, injury to or death of any person directly attributable to or arising out of EXTENT‘s gross negligence or willful misconduct in connection with the performance of the Services hereunder.9.3. Third-Party Investigations of Customer. In addition, a Customer shall reimburse EXTENT for all costs and expenses (including reasonable attorneys’ fees and costs) incurred by EXTENT resulting from any third-party investigation of the acts or practices of Customer including, without limitation, any costs or expenses related to compliance with any third party subpoena or other discovery request. 9.4. Notification of Claims. A party entitled to be indemnified pursuant to this Section 9 (the “Indemnified Party”) shall provide prompt written notice to the party liable for such indemnification (the “Indemnifying Party”) of any claim or demand which the Indemnified Party has determined has given or could give rise to a right of indemnification under this Agreement. The Indemnifying Party shall promptly undertake to discharge its obligations hereunder. Additionally, the Indemnifying Party shall employ counsel reasonably acceptable to the Indemnified Party to defend any such claim or demand asserted against the Indemnified Party. The Indemnified Party shall have the right to participate in the defense of any such claim or demand at its own expense. The Indemnified Party shall cooperate with the Indemnifying Party in any such defense. In addition, the Indemnified Party shall at all times have the right to fully participate in any settlement that it reasonably believes would have an adverse effect on its business, but the Indemnified Party shall not make any settlement of any Claims that might give rise to liability of the Indemnifying Party without the prior written consent of the Indemnifying Party. The Indemnified Party shall make available to the Indemnifying Party or its agents all records and other materials in the Indemnified Party’s possession reasonably required by it for its use in contesting any third-party claim or demand.
10. OFFSETTING, RETENTION, ASSIGNMENT
10.1. We are entitled to assign claims and demands from our service agreement. If such an assignment of claims is made by us, following the Customer will be requested to pay to the assignee. A payment exempting from performance is made at the time of the assignment to a third party, but at the latest when the payment is received by the assignee.10.2. The Customer only has a right to offset against counterclaims that are undisputed by us or have been legally established.10.3. The Customer hereby expressly gives his consent that EXTENT may assign any part of this Agreement, or subcontract or delegate any of their respective rights or obligations under this or future Agreements to third parties, without his separate written consent.
11. INTELLECTUAL PROPERTY
11.1. Our work and products and Services are protected by copyright and confidential. We reserve all rights relating to industrial and intellectual property in the materials made available. The Customer is not permitted to use the materials or parts thereof provided for purposes other than those contractually provided or to pass them on to any third parties (this also applies to affiliated companies). In particular, the Customer is not permitted to offer or sell the materials himself or to use them outside of the agreed contractual purpose. The Customer shall not disclose any confidential information, in particular, but not limited to quotations, flow charts, templates, and forms to any third party or competitor.11.2. In the event of you not being in compliance with our service agreement we are entitled to terminate the service agreement with immediate effect and to withdraw all access, usage, and participation rights of the Customer to the digital content made available by us.11.3. The Customer undertakes, in the event of an infringement like mentioned above to pay an appropriate contractual penalty to be determined by us in the individual case and to be reviewed by the competent court in the event of a dispute. The assertion of further damage, consequential damage, lost profits, or damage to reputation is not excluded.11.4. The granting of corresponding rights of use is also subject to the condition that the service agreement amount has been paid fully.11.5. The Customer must ensure that his login/access data and the information and documents provided to him are protected against unauthorized use by third parties. The Customer must inform us immediately if he/she can assume that unauthorized third parties have improperly obtained and/or misused any of his documents or Data related to EXTENT.11.6. We are entitled to take technical, legal, and organizational precautions if abusive or forbidden use of our services has been detected.
12. LAW & JURISDICTION
12.1. If not provided otherwise in the Service Agreement, the Service Agreement, and these General Terms and Conditions shall be governed by the DIFC Laws.12.2. If not otherwise provided in the Service Agreement or any other agreement between EXTENT and Customer, any dispute arising out of or in connection with the engagement or these Terms, including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre. Each party irrevocably submits to the non-exclusive jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of or in connection with this contract being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (forum non conveniens). The Small Claim Tribunal shall have jurisdiction till an amount in dispute of AED 1,000,000 (to say: Dirhams one million). The Parties understand that the DIFC Courts shall have a non-exclusive jurisdiction so that any other court that has jurisdiction (e.g., at the venue of the Customer) has the authority to hear a case.
13. FINAL PROVISIONS
13.1. The failure of any party to seek redress for violation of or to insist upon the strict performance of any agreement, covenant, or condition of this Agreement shall not constitute a waiver with respect thereto or with respect to any subsequent act.13.2. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.13.3. Paragraph headings and captions contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, or extend the scope or intent of this Agreement or any provision thereof.13.4. Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under any such law, such provision shall be limited to the minimum extent necessary to render the same valid or shall be excised from this Agreement, as the circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited or as if said provision had not been included herein, as the case may be, and enforced to the maximum extent permitted by law, and the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in order that the transactions contemplated by this Agreement can be consummated as contemplated.13.5. Neither the Customer nor EXTENT shall be liable to the other for any failure, inability, or delay in performing hereunder if caused by any cause beyond the reasonable control of the party so failing, including, without limitation, an Act of God, war, strike, or fire; but due diligence shall be used in curing such cause and in resuming performance.13.6. Provisions of this Agreement, the performance of which by either or both parties or by their sense and context, are intended to survive, will survive the completion, expiration, termination, or cancellation of this Agreement.
14. ACCURACY OF INFORMATION
14.1. On occasion, there could be information on the Services that is inaccurate, incomplete, or missing information that relates to product descriptions, prices, promotions, and offers. We retain the right to modify or update information or cancel orders if any information on the Services or Services is erroneous at any time without prior notice in order to remedy any mistakes, inaccuracies, or omissions (including after you have submitted your order). Unless as required by law, we make no commitment to update, modify, or make clear anything on the Services, including without limitation price information. It should not be assumed that since there is no explicit update or refresh date assigned to the Services, all information on the Services or Services has not been changed or updated.14.2. We reserve the right to add, delete, or alter items and their prices, as well as the right to reject any order you place with us is something else we reserve. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same Customer account. If your purchase is modified or canceled, we may attempt to reach you by phone, email, and/or the billing address/phone number you provided when placing the transaction.
15. CONTACT US
If you have any questions, concerns, or complaints regarding these Terms, we encourage you to contact us using the below details:
Email: 18 May 2023
Date: [email protected]
