Terms and Conditions
GENERAL TERMS AND CONDITIONS
This SERVICES AGREEMENT (“Agreement”) is entered into by and between Transguard Group LLC (“Transguard”) and the “Customer” (together the “Party/Parties”) who agree as follows:
1. DEFINITIONS:
AED means UAE Dirhams;
APPLICABLE LAW(S) means (i) all legislations including codes, decrees, resolutions, acts, statutes, ordinances, rules, regulations, directives, and other orders, treaties, by-laws, codes of practice and other subordinate legislations of the UAE; and/or (ii) the requirements, rules and regulations of any authority, including without limitation, local, regional, territorial, free zone, municipal government, ministry, governmental department, commission, executive, administrative or judicial bodies in the UAE;
COMMENCEMENT DATE means the date the Services are commenced;
EXPENSES means any costs or charges incurred by Transguard in performance of the Services which shall be chargeable to the Customer;
PROPOSAL means Transguard’s document outlining the delivery and cost of the Services;
PERSONAL DATA means any information (including any personal data relating to the Customer and and/ or his dependent(s), documents, text that are supplied to Transguard by the Customer and/ on behalf of the dependents and which Transguard is required to generate, process, store or transmit pursuant to this Agreement;
SERVICES means Transguard’s assistance with Golden Visa application, as requested by the Customer;
SERVICE CHARGE means Transguard’s fees and charges and government fee to perform the Services; and
UAE means United Arab Emirates.
2. COMMENCEMENT OF SERVICES
This Agreement shall come into effect on the Commencement Date.
3. PAYMENT OF SERVICE CHARGE
- The Customer will, prior to the Commencement Date, pay the Service Charge in accordance with the Proposal.
- If Transguard incurs any additional cost or expense outside Transguard’s control as a result of any new, existing or amended Applicable Law or as a result of compliance with any new, existing or amended Applicable Law whilst carrying out any of the Services, the Customer shall be obliged to reimburse Transguard all such additional costs or expenses and the Customer agrees to the Service Charge being revised accordingly.
- The Service Charge does not include any applicable sales, use, excise, value added tax ("VAT") or other tax or amount which is or may be levied on or applicable to the provision of the Services provided under this Agreement. All and any VAT (if applicable) will be payable by the Customer and such additional amount shall be added to the invoices at the appropriate rate.
4. TRANSGUARD RESPONSIBILITIES
Transguard shall:
- commence the Services on the later of the payment receipt date and the provision of all required documentation by the Customer;
- inform the Customer of any additional costs or Expenses that may be incurred due to change in Customer requirements or Applicable Law;
- provide the Customer with regular updates on status of Golden Visa and request any additional documents/information within a timely manner.
5. CUSTOMER’S RESPONSIBILITIES
The Customer shall:
- provide all necessary and complete documents required by Transguard for completion of the Services in a timely manner within thirty (30) days from the date of request; Transguard may rely on all information and documentation provided by the Customer as being true and accurate and without need for further verification;
- not hold Transguard responsible for any delays or inability to complete the Services arising from a breach of 5.1.
6. WARRANTIES AND REPRESENTATIONS
Each Party warrants to the other Party that this Agreement constitutes a valid, binding and enforceable obligation on it.
7. INDEMNIFICATION
- The Customer hereby undertakes to indemnify Transguard and to keep Transguard indemnified fully at all times against all claims, demands, actions, proceedings, damages, losses, costs and expenses (including legal and other professional adviser’s fee) which are made or brought against or incurred by Transguard arising as a result (direct or indirect) of any liabilities of whatever nature accruing to Transguard as a result of the association with the Customer or as a result of the Services provided to the Customer (including its dependents).
- In no event shall Transguard be liable to the Customer, otherwise for any increased costs or wasted expenditure, special indirect incidental punitive or consequential damage of any nature whatsoever arising directly or indirectly out of this Agreement.
8. TERMINATION
- Transguard may terminate this Agreement immediately in the event that the Customer is in breach of any or all provisions of this Agreement.
- The termination of this Agreement shall be without prejudice to any rights that have accrued to either Party prior to the date of termination.
9. Refund Policy
- Refunds are not permitted once an application has been submitted, except in cases where the application is rejected by GDRFA .
- Any unused fee shall be refunded to the Customer within forty-five (45) days from the date of receipt of rejection from any regulatory authorities or otherwise in the UAE.
- For the avoidance of doubt 100% of unused government fee and/or 50% of Transguard fee are eligible for a refund.
10. DATA PRIVACY
- Transguard will collect Personal Data from the Customer which will be used solely for the purpose of processing visa applications, in addition to promotional purposes, for a period of one (1) year from the date of receiving such Personal Data unless the Customer explicitly requests to opt out from future promotional communications.
- Transguard is committed to safeguarding all Personal Data and ensures that such data is protected against any unauthorised access, disclosure or misuse.
- The Customer is entitled to access, correct and/or request deletion of his Personal Data; to restrict certain processing activities or request data portability, as applicable under the relevant data protection laws.
- The Customer’s Personal Data may be shared with trusted third-party partners solely for the performance of the Services. Third- party partners shall adhere to strict data protection standards.
- Whereas Transguard is an ISO 27001 certified organisation, Transguard implements rigorous administrative, technical, and physical security measures to protect Customer’s Personal Data and uphold industry-leading security practices to ensure that Customer’s data remains secure throughout the processing lifecycle.
- For any queries, please contact us at privacy@transguardgroup.com
11. GOVERNING LAW AND DISPUTE RESOLUTION
- This Agreement, and any non-contractual obligations connected with it, shall be governed by, and construed in accordance with, the laws of Dubai and the Federal laws of the United Arab Emirates, as applicable in Dubai.
- The Parties shall use their reasonable endeavors to and resolve any dispute arising out of or in connection with any provision of this Agreement (“Dispute”). Any dispute shall be referred to and finally resolved by the Dubai Court, in accordance with the UAE laws.
12. GENERAL
- The Parties agree to be bound by the terms of this Agreement, which represents the entire understanding and agreement between the Parties and supersedes all previous negotiations, understandings, or previous agreements between them with respect to its subject matter.
- The failure of a Party to enforce, or any forbearance extended to the other Party of any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect the right of the Party subsequently to enforce that provision.
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