General Terms and Conditions of KC LEGAL MIDDLE EAST FZ LLC
- KC Legal Middle East FZ LLC hereinafter to be referred to as “KC LEGAL”, is a free zone limited liability company incorporated in Fujairah Media Free Zone established with license number (19422/2025) with its registered office at Twin Towers, M1 floor, Creative City media free zone, Fujairah, United Arab Emirates.
- These general terms and conditions govern the provision of services by KC LEGAL. These general terms and conditions also relate to:
- all associates, employees and others who are in whatever way working for or in the employment of or related to KC LEGAL;
- all shareholders, directors, legal representatives of KC LEGAL;
- Under exclusion of the Articles 7:404, 7:407 sub 2 and 7:409 of the Dutch Civil Code, all work shall be exclusively accepted and performed by KC LEGAL;
- Any liability of KC LEGAL shall be limited to the amount that is paid out in the particular case under the professional liability insurance policy it has entered into, plus the amount of the own risk deductible that is not payable by the insurer under the conditions of the policy. If for whatever reason no amount is paid out under the insurance policy, all liability is limited up to the amount that KC LEGAL has billed in the particular case, with a maximum liability of € 30,000. Information concerning the professional liability insurance will be made available upon request. Any claim against KC LEGAL and/or against the parties mentioned in article 2 of these general terms and conditions expires and is waived 12 months after the claimant-party is aware or should have been aware of the fact which caused the damage.
- In connection with its services, KC LEGAL is authorised to use the services of third parties. KC LEGAL is not liable for any shortcomings on the part of such third parties. The client herewith holds KC LEGAL harmless against all claims of third parties.
- The performance of the services rendered is exclusively for the benefit of the client. Third parties have no rights or claims whatsoever related to such performance of services.
- The exclusions of liability described in these general terms and conditions also apply without exception to the improper functioning of equipment, software, databases, registers or other means used by KC LEGAL in the performance of its services as well as to any interception of audio and/or data transmissions by telephone, telecopier or e-mail. All e-mail, data transmissions, audio transmissions, fax and telephone communications are unencoded unless the client explicitly requests such in writing.
- Payment must be made in the manner as stated in the invoice. If payment is not made, the client shall be in default by operation of law and shall owe overdue payment interest equal to the applicable statutory interest. The costs of collection measures, at a minimum 10% of the outstanding balance, shall be charged to the client.
- If the agreement is terminated the general terms covering the liability of KC LEGAL will survive and remain in full force between the client and KC LEGAL.
- Prior to or in order to continue its provision of services, KC LEGAL shall at all times be entitled to demand from the client one or more advance payments, which may be set off. In the event of default of payment of same, KC LEGAL shall be authorised after prior notification to not commence, to suspend, or to cease its work.
- KC LEGAL is authorised to remove and destroy files and the documents contained therein from its archives without notice, in the event 10 years or more have passed after the relevant case, handled by the firm and/or by the parties mentioned in article 2 of these general terms and conditions, has been closed.
- The client is obligated to provide all the data and information requested by KC LEGAL, as well as the data and information that the client can reasonably know that KC LEGAL needs for the correct performance of the services under this agreement.
- The client guarantees the accuracy, completeness, reliability and legitimacy of the data and information provided to KC LEGAL by the client or on the client’s behalf, also if this data and information have been provided through a third party or originate from a third party, unless the nature of this agreement provides otherwise.
- The client is obliged to immediately inform KC LEGAL with respect to facts or circumstances that could be important in connection with the performance of this agreement.
- KC LEGAL has the right to suspend the performance of the agreement until the time that the client has fulfilled the obligations referred to in the clauses 12, 13 and 14.
- Extra costs, extra hours, and other damages that arise for KC LEGAL because the client has not fulfilled the obligations referred to in the clauses 12, 13 and 14, are for the expense and risk of the client.
- In providing KC LEGAL with personal data, the client shall abide by applicable regulations and legislation concerning the protection of personal data.
- In performing the assignment, KC LEGAL shall abide by applicable regulations and legislation concerning the protection of personal data in accordance with its privacy statement as accessible on KC LEGAL website as may be amended from time to time.
- If necessary, the client and KC LEGAL shall conclude a data processing agreement.
- KC LEGAL shall take suitable technical and organisational measures to secure the personal data against destruction, loss and unauthorised access.
- The client agrees to the fact that, in order to provide and optimise the service, KC LEGAL will work with third parties such as ICT service providers and suppliers of administration tools, and will share personal data with third parties in this context.
- KC LEGAL shall protect the confidentiality of the information of the client which has become available to KC LEGAL in the course of its performance of services, except with the prior written consent of the client or as provided in clause 23 below.
- Notwithstanding the clause 22 above, KC LEGAL may disclose and report or use confidential information without the client’s prior written consent to the extent that such information: (i) is already publicly available or becomes publicly available, other than through the wrongful act or omission of KC LEGAL or (ii) is required to be disclosed or reported under applicable laws or by any order, decree, regulation or rule of any court or state or international body.
- KC LEGAL is authorized to use the services of third parties and will share information with these parties insofar it is necessary for the performance of their duties. KC LEGAL will extend its own confidentiality obligation based on this article to said third party.
- If KC LEGAL is obliged to disclose or report confidential information to a court or state or international body, KC LEGAL shall promptly so inform the client, unless such disclosure to the client is prohibited or restricted by applicable legislation or the court or state or international body.
- The provision of services by KC LEGAL shall be exclusively governed by Dutch law. Disputes shall be exclusively resolved by the competent Dutch court.
Fujairah, March 2025