Terms of Use

 

 

As of 01 January 2024, these Terms & Conditions apply to all services provided by MAJ CORPORATE SERVICES PROVIDER LLC (hereinafter referred to as « MAJ. »).

 

Declaration :

 

1. Whether I am in the process of creating my company in the UAE and intend to use MAJ’s services, or if I already have a registered company and wish to engage MAJ for managing the accounting and taxation aspects, I hereby request that MAJ proceed with the necessary registrations of the company on my behalf in accordance with the information provided by me and any potential partners. Any subsequent changes will be notified to MAJ in writing.
2. I declare to inform MAJ of any changes in the provided information and understand that in case any information is found to be false, untrue or misleading. I may be held personally liable for it.
3. I confirm that the business activities of the Company will not be associated with any money laundering or terrorist activities and that no transactions will be conducted with jurisdictions that are subject to UN embargoes or with jurisdictions that are listed on any other watch list for illegal activities.
4. l accept and agree to abide by the Terms and Conditions appearing on this form and accept responsibility for the payment of MAJ ‘s fees.
5. I understand that I may have an obligation to report our interest in the company in personal tax returns and that income of the company may be imputed to me; I will take advice on and comply with my own legal obligations in this respect; the company will not be used for any criminal activity or other illegal purposes, whether fiscal or otherwise, in any jurisdiction.
6. I understand that MAJ may have an obligation to report any arrangement involving the proceeds of criminal conduct;
7. I have never been convicted of any criminal offense (other than a minor offense) nor have I ever been declared bankrupt or the subject of an investigation by a governmental, professional or other regulatory or statutory body; and to the best of my knowledge and belief all funds that will be transferred to this company either have or will be properly declared for tax purposes and no part of such funds represent the proceeds of fiscal crime or evasion.

 

 

These Terms and Conditions shall apply to all current and future services provided to the Client and/or the Company by MAJ CORPORATE SERVICES PROVIDER LLC (hereinafter referred to as « MAJ »).

 

1. FEES AND SERVICES

 

(i)             MAJ hereby agrees to provide its Services to Client and/or the Company in accordance with these Terms and Conditions and in consideration of the Fees.

(ii)            The Services shall commence only upon receipt of payment by MAJ. Payment can be made by:

1. Cash payment in AED
2. Wire transfer payment can be made into our following accounts:

 

                  Company                  MAJ CORPORATE SERVICES PROVIDER LLC

                  Bank                          RAK Bank

AED        Bank Address          Sheikh Zayed Road, Dubai

                  SWIFT Code           NRAKAEAK

                  Account No AED   0322907964001

                  IBAN                         AE250400000322907964001

                  Company                  MAJ CORPORATE SERVICES PROVIDER LLC

                  Bank                          ENBD

EUR         Bank Address          Meydan, Dubai

                  SWIFT Code           EBILAEAD

               Account No. EUR  1025847885302

                  IBAN                         AE550260001025847885302

 

1. Payments made in cheques will only be accepted if (i) the cheque is drawn on a bank license to operate in the UAE, (ii) payable in AED and issued in favor of MAJ CORPORATE SERVICES PROVIDER LLC subject to approval

 

1. Payments can be made with Master, Visa and Amex credit or debit cards for which Point of Sales (POS) Fee will apply.

 

1. Payments via installments are subject to availability and approval and additional fees may apply. The Client and/or the Company must provide an undated security cheque in the name of MAJ CORPORATE SERVICES PROVIDER LLC in the amount of the total outstanding.

 

1. An additional charge of 5% of the invoice value shall be payable should the Client and/or the Company chose to make a payment via Stripe electronic payment gateway.

 

(iii)           MAJ reserves the right to amend the Fee structure. Every endeavor shall be employed to provide all such notices to the Client and/or the Company’s registered email.

 

(iv)           Should the Client and/or the Company fail to settle any Invoice by the due date, the Client and/or the Company authorizes MAJ to set off any outstanding fees against any account, monies or property under the control of MAJ in which the Client and/or the Company possess a legal or beneficial interest and whilst such Fees remain outstanding, MAJ shall have a lien on any papers, books or records and any/or all assets of the Client and/or the Company which are in the possession or under the control of MAJ. Additionally, services extended to the Client and/or the Company with an outstanding balance shall be suspended until such time that all outstanding payments have been cleared. If a security cheque is provided, then MAJ reserves the right to encash such security cheque. MAJ reserves the right to take appropriate actions to recover any dues owed by the Client and/or the Company, (v)        Furthermore, in such an event where the Fees and costs incurred as a consequence of defaulted payment by the Client and/or the Company are unrecoverable by the encashed security cheque or otherwise, MAJ reserves the right to escalate such defaulted payment cases to the Government and/or the Authorities that may result in Company Deregistration including a formal complaint against the Client and/or the Company by involving the relevant authorities.

 

(vi)           The Client and/or the Company authorizes MAJ to disclose all material information relevant to the Client and/or the Company to external debt recovery agencies within or outside the United Arab Emirates or other third parties.

 

(vii)          The Client and/or the Company shall remain liable to pay to MAJ all Government Fees and other disbursements payable to third parties. MAJ will not be required to refund any amount paid by the Client and/or the Company unless the Service for which such amount is paid were not completed due to MAJ’s misconduct.

 

(viii)         The Client and/or the Company undertake that MAJ may assign part or all the Services to third parties on behalf of the Client and/or the Company without any liability on the part of MAJ. If there is a rejection from the immigration authorities, MAJ reserves the right to charge an administration fee of 10% or more unless otherwise stipulated and agreed.

 

Should the Client and/or the Company withhold, intentionally or unintentionally, information on previous local or international court, police, absconding or other cases which cause the rejection and also, should the Client and/or the Company fail to provide the required documents in order to obtain the license and/or residence visa, or fail to proceed with the license setup for any reason upon receipt of payment acknowledged by MAJ no refund shall be applicable.

 

(ix)           All refundable deposits paid to MAJ must be claimed within three (3) months and Fees paid to MAJ must be claimed within twelve (12) months post availability date otherwise the funds will be forfeited, including UAE residence visas and the E-channel deposit refund.

 

(x)            The Client and/or the Company acknowledge that MAJ shall not, without prior written agreement, be required to refund any Fees. This includes cases in which:

 

1. The Client and/or the Company have paid Fees for annual Services and decide to de-register the Company prior to the end of the relevant annual period;

 

1. The application for a Trade License or Immigration Card gets rejected, delayed or contains any errors, by the Authorities, any associated fines or penalties are the sole responsibilities of the Client and/or the Company;

 

1. The application for a UAE Residence Visa gets rejected by the Authorities, any associated fines or penalties are the sole responsibility of the Client and/or the Company

 

(xi)           The Client and/or the Company hereby appoints and duly authorized MAJ as its sole agent for license incorporation, submitting visa applications, renewals, amendments, VAT & CT registration and filling, and other related transactions and de-registration services. Tenure of the Services is on an annual basis and Services are annually renewed. Should the Client and/or the Company wish to terminate accounting related services, the Client and/or the Company shall give a written notice to MAJ no later than ninety days (90) prior the end of the taxation year (31^st of December).

 

(xii)          MAJ reserves the right to refuse to accept instructions from the Client and/or the Company, and/or to discontinue the provision of Services and to terminate this Agreement by written notice without giving any reasons in the event that:

 

1. Should the Client and/or the Company fail to comply with this Agreement, or fail to pay the due amount, or the information given is found to be false, untrue or misleading;

 

1. Should the Client and/or the Company’s businesses be associated with money laundering, terrorist activities and/or transactions with jurisdictions with UN embargos or activities on any other watch lists for illegal activities;

 

1. The Client and/or the Company are suspected to be involved in any criminal or other illegal activity, whether fiscal or otherwise, in any jurisdiction, or convicted of a criminal offence (except minor offences/infractions);

 

1. The Client and/or the Company are declared bankrupt or are the subject of an investigation by government, professional, regulatory or statutory body in any jurisdiction;

 

1. The Client and/or the Company have transferred funds to a Company which is not properly declared for tax purposes and the full amount of such funds or parts of it represent the proceeds of fiscal crime or evasion;

 

1. MAJ is required to do so by the Authorities, and professional or other regulatory or statutory body.

 

(xiii)         The Client and/or the Company hereby appoint and duly authorises MAJ exclusively as the Client’s and/or the Company’s registered agent for the purposes of transacting services on Client’s and/or the Company’s behalf.

 

(xiv)         Should MAJ wish to discontinue the provision of Services and terminate this Agreement by written notice, the Client and/or the Company acknowledge that the Client and/or the Company shall remain liable for payment of all outstanding Fees until the date on which the Company has been transferred to a third party acceptable to MAJ or has been de-registered.

 

(xv)          Without prior written agreement, MAJ will not pay interest on any monies held by or on behalf of the Client and/or the Company.

 

(xvi)         Unless otherwise stipulated, all prices referred to in this Agreement, MAJ’s associated price list, Fees, charges, rates and quotations are indicated as exclusive of VAT. Accordingly, MAJ shall be entitled to add VAT and any other applicable tax, at the applicable rate.

 

2. OTHER PROVISIONS

 

(i) If the Client and/or the Company wish to independently manage the provision of services with the Government directly or transfer the role of agent to any other corporate or individual entity, a fee of AED Three Thousand Five Hundred (AED 3500) shall be charged for the issuance of a No Objection Certificate (NOC).

(ii)            Communication in relation to the administration of the Company, including annual invoices, may be sent by email. The provision of this clause survives the termination of this Agreement or de-registration,

 

(iii)           In accordance with the Data Privacy Regulations, the Client and/or the Company authorise MAJ to provide any information or data relating to the Client and/or the Company or beneficial owners to the Authorities or other regulatory bodies if/when required by any local, federal or international law.

 

3. INDEMNIFICATION

 

(i)             All instructions or requests shall be transmitted to MAJ by the Client and/or the Company in writing. MAJ may, at its discretion agree to act on any request or instruction given otherwise than in writing but in either case MAJ shall not be liable in respect of any error or omission occasioned in processing such instruction or request particularly those arising from errors of transmission or misunderstanding or non-receipt of instruction,

 

 

The Client and/or the Company shall have no claim whatsoever against MAJ in respect of anything done or omitted to be done or in respect of any exercise of any discretion unless the same shall involve dishonesty.

 

(ii)            The Client and/or the Company shall at all times hereafter indemnify and keep indemnified MAJ against all actions, suits, proceedings, claims, demands, costs, charges, expenses and consequences whatsoever which may be taken or instituted against MAJ or which may be incurred or become payable by MAJ by reason of or on account of, including but not limited to the following:

 

1. MAJ, being liable for breach of contract, negligence or any other liability arising under or in relation to this Agreement, unless such liability cannot be excluded under the laws of the UAE;

 

1. MAJ’s failure to provide Services for a reason outside of its control;

 

1. Any malfunction or delays associated with provision of Services related to Trade Licenses and/or Residence Visas;
2. Any delays, whether or not they result in fines, business loss or any other any failure, delay and/or inconsistency in providing any PRO services in the United Arab Emirates that are observed by any PRO, Authority and/or Government, including the event that any documents are misplaced or destroyed; and any other consequence, caused by security checks that are conducted at the sole discretion of the Authorities or the Government.

 

(iii)           The Client and/or the Company hereby undertakes that the brochure of MAJ is solely for representation purpose and does not purport to be legal or other professional advice. The Client and/or the Company hereby acknowledge that the brochure of MAJ is not a commitment to perform any services to the Client and/or the Company

 

(iv)           MAJ has internal anti-bribery and anti-corruption procedures and any violation of it by the Client and/or the Company may result in termination of this Agreement by MAJ without prejudice to any legal or other rights or remedies which MAJ may have under law.

 

(v)            For internal audit and/or compliance purposes of MAJ and due diligence performed by the Freezones, the Client and/or the Company shall provide MAJ with information about the background of the Client and/or the Company and any other beneficial owners, their sources of funds and business of the Company.

 

The Client and/or the Company shall not change or permit any change to the beneficial ownership of the Company without giving prior notice of the proposed change to MAJ in writing

 

(vi)           MAJ shall be entitled to amend these Terms & Conditions and associated Fees and price lists in its sole discretion as appropriate. Every endeavour shall be employed to provide all such notices to the Client and/or the Company’s registered email.

 

(vii) The Client and/or the Company acknowledges that this Agreement contains the whole Agreement between MAJ and the Client and/or the Company. Any oral representations are specifically excluded unless the same are agreed in writing between MAJ and the Client and/or the Company.

 

(viii)         This Agreement shall be governed by the laws of the United Arab Emirates. Any dispute in relation to the validity, interpretation or application of the provisions of this Agreement shall be finally and conclusively resolved by arbitration under the DIFC Rules and Procedures of Arbitration.

 

The venue of arbitration shall be in Dubai, United Arab Emirates and the language of arbitration shall be English. The arbitration shall be conducted by three (3) arbitrators who shall be selected by the Chairman of the DIFC from amongst the Resident Partners of the top five (5) International Law Firms practicing in the United Arab Emirates.

 

(ix)           MAJ hereby reserves the right to commence proceedings and/or to commence and/or enforce execution proceedings against the Client and/or the Company in DIFC and/or any other court/competent jurisdiction that MAJ may elect and consider appropriate.

 

(x)            Each provision of these Terms and Conditions is severable and distinct from the others and if any provision is, or at any time becomes, to any extent or in any circumstances invalid, illegal or unenforceable for any  reason that provision shall to that extent be deemed not to form part of these Terms and Conditions but the validity, legality and enforceability of the remaining parts of these Terms and Conditions shall not be thereby affected or impaired, and every provision of these Terms and Conditions shall be and remain valid and enforceable to the fullest extent permitted by the laws of the United Arab Emirates.

 

(xi)           MAJ shall be indemnified from any failure to perform any obligation hereunder to the extent such failure is caused by a Force Majeure Event.

 

(xii)          A Force Majeure Event shall operate to excuse a failure to perform an obligation hereunder only for the period of time during which the Force Majeure Event renders performance impossible or infeasible and only if the Party asserting Force Majeure as an excuse for its failure to perform has provided written notice to the Client and/or the Company specifying the obligation to be excused and describing the events or conditions constituting the Force Majeure Event. As used herein, « Force Majeure Event » means the occurrence of an event or circumstance beyond the reasonable control of MAJ failing to perform, including, without limitation, (a) explosions, fires, flood, earthquakes, catastrophic weather conditions, pandemic, or other elements of nature or acts of God; (b) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; (c) acts of federal, state, local or foreign governmental authorities or courts; (d) labour disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful; (e) failures or fluctuations in electrical power or telecommunications service or equipment; and (f) delays caused by the other Party’s non-performance hereunder.

 

4. REFERRAL TERMS & CONDITIONS

(iv)           “Applicant » means any individual, corporation, firms, joint venture or any other entity duly organised.

 

(v)            « Authority » means any government, semi-governmental, judicial, legislative, executive, administrative, or regulatory authority of the UAE.

 

(vi)           (« Company » means any one or more companies in respect of which MAJ provide Services at Client and/or the Company’s request.

 

(vii)          « De-registration » means license cancellation and all stipulations necessary to de-register and/or termination of services when applicable.

 

(viii)         « Fee » or « Fees » mean any sum charged by MAJ together with disbursements and any and all fees levied by the Authorities.

 

(ix)           « Free Zone License » means a license issued by a United Arab Emirates based Free Zone Authority.

 

(x)            « Invoice » means any bill or statement issued by MAJ for any Fees stated therein in respect of any Service.

 

(i)             A ‘Referrer’ is an individual making an introduction of a Referee.

 

(ii)            A ‘Referee’ is the individual/body who is not a client of MAJ and being introduced as a prospective Client.

 

(iii)           A ‘Referral is the introduction of such Referee to MAJ with details such as full name(s), email address(es), contact number(s) and bank details.

 

(iv)           Only Referrals resulting from an introduction made directly to a Company Formation Specialist or an email to contact@maj.ae or via our webpage https://maj.ae/partenaire/ shall be entertained and considered as Referrals. Any Referrals made in retrospect shall not be deemed payable should the correct and approved channels not have been used as a method of Referral.

 

(v)            Referee details must be received by MAJ by the Referrer in advance of the Referee contacting MAJ.

 

(vi)           The reward for a successful Referral is up to AED Three Thousand (AED 3,000) for a company with a minimum of 2 visas, and AED One Thousand Five hundrer (AED 1,500) for a sole owner. This reward shall only be deemed payable within two (2) calendar months after a successful issuance of incorporation of license and all payments in relation to that license application have been received by MAJ.

 

(vii)          Referrer shall be responsible for all taxes, levies and fees chargeable by any government, authority or other legislative body.

 

5. EFFECTIVE DATE

 

Terms & Conditions herein stated shall become effective as of the issue date of this agreement.

 

6. DEFINITIONS AND INTERPRETATIONS

 

(i)             « Agreement » means the Agreement between MAJ and Client and/or the Company of which these Terms and Conditions shall form an integral part thereof.

 

(ii)            « AED » means the currency of United Arab Emirates

 

(iii)           « USD » means the currency of the United States of America

(xi)           « Service » or « Services » mean any company formation, corporate services or ancillary services whatsoever provided to a client or Applicant.

 

(xii)          « Terms & Conditions » or « T&C’s » mean these Terms & Conditions as they may be amended from time to time.

 

(xiii)         « VAT » means Value Added Tax.

 

(xiv)         « MAJ » means MAJ CORPORATE SERVICES PROVIDER LLC and any of its member and/or associated entities

 

 

 

 

By signing below, Client and/or the Company agree to all the terms and conditions of this Agreement.

TERMS AND CONDITIONS   ISSUE DATE          01 JAN 2024 ISSUED BY            Executive Dept   MAJ. Tesla Center, Opal Tower Business Bay, Dubai, UAE.   T. +971 58 514 2476 E. contact@maj.ae W. www.maj.ae