Terms and Conditions

Please read the following Terms and Conditions (“Terms and Conditions”) carefully. The Terms and Conditions shall come into effect immediately from the date of payment of the initial 50% Service fee. Payment of the initial 50% Service fee is considered acceptance to and compliance with the full Terms and Conditions contained herein.

 

SERVICES

Your POA (Division of Your Document Clearing Services) shall provide full Power of Attorney Services for the specific Services specified in the client invoice.

 

POWER OF ATTORNEY

A registered employee of Your POA (Division of Your Document Clearing Services) will be appointed as the client’s true and lawful Power of Attorney representative for the purposes of handling the specific Services specified in the client invoice.

 

The duly appointed employee of Your POA (Division of Your Document Clearing Services) will be authorised to sign, deliver, carry out and execute the necessary actions in relation to the Services; including representation at the Developer’s office and/or Dubai Land Department.

 

The Power of Attorney documentation will only relate to the specific agreed Services and/or any additional Services accepted and agreed to by the client.  Additional services or amendments to the Services may be mutually agreed by written confirmation.

The legalisation and/or attestation of the Power of Attorney documentation, and any respective fees, are the sole responsibility of the client.  This includes all bank fees and courier charges relating to the Services.

Any and all required payments, fees, contracts, documents, agreements, letters, emails, contact details or other correspondence will be provided to Your POA (Division of Your Document Clearing Services) to allow them to perform the Services in their full capacity.

Upon the completion of the Services, Your POA (Division of Your Document Clearing Services) will return all original documents and/or any other relevant documents or receipts to the client at a cost borne by the client.

 

PAYMENT TERMS

50% payment is required upfront; 50% balance payment is due on or before the date of completion of the Services.  50% advance payment is non-refundable.  No service formalities will commence until 50% advance payment is received.

All additional charges, including any agency commissions, transfer fees, court fees, government and/or developer fees, NOC fees, utility charges, legalisation/attestation fees, translation charges, service charges, exchange rate differences, bank charges, courier costs and manager’s cheque fees are payable by the client.  This list is non-exhaustive.

 

CANCELLATION

If for any reason whatsoever the Services do not proceed or are cancelled by the client or any third parties, Your POA (Division of Your Document Clearing Services) remain entitled to hold onto the 50% advance payment as a non-refundable Service fee.

 

SCOPE OF SERVICES

The Services performed by Your POA (Division of Your Document Clearing Services), its employees, sub-contractors, or agents are to be considered as those of a Service provider only.

Neither Your POA (Division of Your Document Clearing Services) nor any of their respective officers, directors, employees, representatives, servants or consultants are to be considered as real estate brokers and/or legal advisors or consultants.  Any advice or guidance provided by Your POA (Division of Your Document Clearing Services) are not to be relied upon by the client as legally binding and is to be considered only as the opinion of that respective officer, director, employee, representative, servant or consultant.

Your POA (Division of Your Document Clearing Services) will perform their Services with reasonable skill and care and any of their respective officers, directors, employees, representatives, servants or consultants performing the Services will have sufficient expertise, training and experience to do so.

Your POA (Division of Your Document Clearing Services) are free to provide their Services to other clients as and when deemed appropriate.

 

CONFIDENTIALITY

Neither party will disclose any information of the other which comes into its possession and which is of a confidential nature.

 

LIMITATION OF LIABILITY

Neither Your POA (Division of Your Document Clearing Services) nor any of its respective officers, directors, employees, representatives, servants or consultants shall be held responsible for any cancellation or non-completion of the Services due to any action, inaction, delays or default of the client and/or any third parties.

Your POA (Division of Your Document Clearing Services) and any of its respective officers, directors, employees, representatives, servants or consultants are indemnified from any legal disputes, issues or costs arising as a result of any action, inaction or delays of the client and/or any third parties.

 

TERMINATION

Either party may terminate the Services at any time without notice if the other party is in breach of any of the Terms and Conditions herein.

On termination, or whenever requested by the parties, each party shall deliver to the other party all property in its possession, or under its care and control, belonging to the other party, including but not limited to proprietary information, original documentation, client information and all related records.

 

TERM

 

The Terms and Conditions shall come into effect immediately from the date of payment of the initial 50% Service fee.  Payment of the initial 50% Service fee is also considered acceptance to and compliance with the full Terms and Conditions contained herein.

The Terms and Conditions shall continue until the Services are completed at the Dubai Land Department, or any later date as mutually agreed in writing, or until it is cancelled, terminated or becomes null and void according to the Terms and Conditions contained herein.

The Terms and Conditions are irrevocable and are to be read and construed alongside the signed and duly attested Power of Attorney documentation from the client to Your POA (Division of Your Document Clearing Services).

 

ASSIGNMENT

Any acceptance of the Terms and Conditions shall inure to the benefit of and shall be binding upon each party’s successors, executors, heirs, representatives and assigns.

 

GOVERNING LAW

The Terms and Conditions shall be governed and construed in accordance with the laws of the Dubai International Financial Centre, Dubai, United Arab Emirates.