Terms and Conditions

Welcome to Instacorp FZCO. These Terms and Conditions ("Agreement") govern your use of our services and outline the terms of our relationship with you, the Customer. By accessing and using our services, you agree to be bound by the following terms and conditions.

1. Introduction

This Agreement is made and entered into by and between Instacorp FZCO (hereinafter "Instacorp") and the Customer (hereinafter "Customer"). By accessing and using our services, you agree to be bound by the terms and conditions set forth in this Agreement.

2. Provision of Services and Service Fees

2.1 The Customer requests Instacorp to assist with the incorporation of a Free Zone company (in any of the relevant Free Zone authorities in the UAE) or Mainland (DED) company.

2.2 Instacorp agrees to provide any of the services listed on their portal (hereinafter referred to as the "Services") to the Customer in a professional and timely manner with due care and diligence.

2.3 Bank Account Opening Assistance, as part of our corporate services, Instacorp assists with the opening of one corporate bank account in a bank of our choosing. This assistance includes the preparation and submission of all required documents. However, the Customer acknowledges that the final decision to open an account rests solely with the bank. If the bank rejects the application after the submission of all necessary documents and the completion of all required work, the fee paid for this service is non-refundable. Instacorp will not be liable for any losses, damages, or inconveniences arising from the bank's decision to reject the account application.

3. Customer Registration and Account Setup

3.1 The Customer must register for an account on the Instacorp portal and provide all necessary KYC data and documents to avail themselves of the Services.

3.2 By registering for an account, the Customer confirms that they are at least 18 years of age.

3.3 The Customer may be an individual or a corporate entity wishing to set up a new company, subsidiary, or branch in the UAE.

3.4 The Customer is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

4. Payment Terms

4.1 Upon the Customer's selection of services via our online portal, Instacorp will provide a confirmation in the form of an invoice, quotation, email, or direct confirmation under the Customer's name. Payment must be made through our checkout process using Stripe as specified in these documents.

4.2 Invoices will be issued under the Customer's name via email as new services are assigned to Instacorp. No work will commence until full payment is received.

4.3 In addition to Professional Service Charges, any other expenses incurred or to be incurred on behalf of the assignment will be collected as Reimbursement of Expenses. Supporting documents such as invoices, bills, and receipts will be provided for these reimbursable expenses.

4.4 Late payments may be subject to reasonable collection and legal fees, along with interest accrued at a rate of 5% per month.

5. Duration of Agreement

This Agreement remains valid until the completion of the selected services unless terminated according to Clause 14 of this Agreement.

6. Right to Refuse Services

Instacorp reserves the right to refuse to provide any and/or all services to the Customer without providing a reason or explanation. Instacorp cannot be held responsible for such refusals under any circumstances.

7. Legal Advice Disclaimer

While Instacorp strives to provide accurate information on all services, Instacorp is not offering legal advice. The Customer is responsible for obtaining all necessary tax and legal advice regarding the establishment and operation of the company and for ensuring that its activities comply with the laws of any relevant jurisdiction.

8. Anti-Money Laundering Compliance and Due Diligence

The Customer must provide Instacorp with all necessary information to ensure compliance with anti-money-laundering and due diligence regulations. The Customer is responsible for the accuracy of the information provided. The Customer also represents that any assets or funds introduced to the company do not directly or indirectly represent proceeds from a crime or other illegal activity. To meet legal obligations, the Customer must keep Instacorp fully and promptly informed of any changes in the beneficial ownership, shareholding, and officers of the company.

9. Politically Exposed Person (PEP) Declaration

The Customer confirms that they do not fall within the definition of 'politically exposed persons,' which includes individuals who are or have been entrusted with prominent public functions, including their immediate family members or close associates, but does not include middle-ranking or more junior officials.

10. Customer Obligations

The Customer is obligated to provide the following:

A copy of all valid KYC documents, authenticated in accordance with the specific instructions outlined in this Agreement regarding due diligence.
A Curriculum Vitae, Professional Background Certificates, and a Business Plan.
Any additional documents as required by local authorities from time to time.
Payment as specified in Clause 3 of this Agreement.
A no-objection letter obtained from Instacorp if the Customer intends to hire another agent or consultant for company-related tasks such as renewal, amendment, visa processing, etc.

11. Assignment of Services

11.1 To execute the services, Instacorp reserves the right to engage subcontractors within its authority. The Customer's rights and obligations from any agreement can only be transferred to third parties with Instacorp's written consent.

11.2 Instacorp is responsible for ensuring that the delegate performs the work to the required standard. Where any part of the work is delegated, Instacorp will solely be responsible for meeting any fees, remuneration, or expenses due to the delegate for the work, and the Customer will not be responsible for making any such payments without Instacorp's prior written consent.

12. Limitation of Liability

12.1 Instacorp, its agents, officers, employees, or any affiliated company, or any agent, officer, or employee of such a company, will not be liable for incidental or consequential damages of any kind, including but not limited to, loss of revenue or profits, whether resulting from breach of contract, negligence, or otherwise, which may result in the course of services provided.

12.2 The Customer acknowledges that Instacorp's services are dependent on governmental rules and regulations and possible delays and/or rejections of applications due to the interference of local authorities.

12.3 Any of Instacorp's liabilities, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, advice, interpretation, interruption, deletion, delay of operation or communications, theft or destruction of, or unauthorized access to, alteration of, or use of records, will be strictly limited to the lesser of the amount paid on behalf of the Customer to Instacorp.

12.4 Bank Account Opening Assistance Limitation, Instacorp shall not be held liable for any rejection or delay by the bank regarding the opening of the Customer's corporate bank account. Instacorp's responsibility is limited to the preparation and submission of the necessary documents, and the Customer agrees that any fees associated with this service are non-refundable, regardless of the bank's decision.

13. Indemnification

The Customer shall indemnify, defend, and hold Instacorp free and harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including without limitation, interest, penalties, and attorneys' fees, that Instacorp may incur or suffer, which arise, result from, or relate to any action taken or omitted, or representation made by the Customer to their customers. The duty to indemnify arises in any action or proceedings that arise, result from, or relate to, in whole or in part, any of the Customer's actions, inaction, or representation.

14. Independent Contractor Relationship

Both parties acknowledge and agree that the relationship between Instacorp and the Customer is that of independent contractors. Nothing herein shall be construed to constitute the parties as master/servant, employer/employee, agent/principal, partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking.

15. Termination of Agreement

15.1 This Agreement shall terminate automatically upon the completion of the services entrusted to Instacorp if no further assignments are given by the Customer.

15.2 If either party elects to terminate this Agreement before the completion of the task, the terminating party must give 7 days' notice to the other party and can terminate the Agreement if the dispute leading to the termination notice is not amicably settled within the notice period.

16. Communication

16.1 Instacorp will communicate with the Customer primarily through email, WhatsApp, and direct calls. Future communication methods, including SMS contact, may be introduced.

16.2 The Customer is responsible for ensuring their contact details are up-to-date and that they can receive communications from Instacorp through the provided contact methods.

17. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the United Arab Emirates and the Emirate of Dubai.

18. Resolution of Disputes

Both parties shall strive to settle disputes amicably. In the event of failure, both parties agree to submit to the jurisdiction of the Dubai Courts.

19. Force Majeure

Neither party shall be held responsible for any failure in performance of any obligation or responsibility assumed herein if such failure is due to riot, war, hostility between nations, acts of God, governmental regulations or orders, fire, accident, labor strike, or any other reason comparable to “Force Majeure,” which is beyond the control of either party.

20. Intellectual Property Rights

20.1 Instacorp retains all rights, titles, and interests in and to its trademarks, service marks, logos, patents, copyrights, and all other intellectual property rights related to the Services and the System ("Intellectual Property").

20.2 The Customer shall not use, copy, reproduce, modify, distribute, or create derivative works based on Instacorp’s Intellectual Property without prior written consent from Instacorp.

21. User Data

21.1 The Customer agrees to provide accurate, current, and complete information as may be prompted by the registration forms on the Instacorp portal. The Customer is responsible for maintaining the confidentiality and integrity of their account information.

21.2 Instacorp will take all reasonable measures to keep the Customer’s data secure and will not share the data with third parties without the Customer’s consent, except as required by law.

21.3 Although Instacorp performs regular routine backups of data, the Customer is solely responsible for all data that they transmit or that relates to any activity they have undertaken using the Services. The Customer agrees that Instacorp shall have no liability to the Customer for any loss or corruption of any such data, and the Customer hereby waives any right of action against Instacorp arising from any such loss or corruption of such data.

22. Electronic Communication, Transactions, and Signatures

22.1 The Customer agrees to receive communications from Instacorp electronically. By registering an account and using the Services, the Customer consents to receiving electronic communications from Instacorp, including all agreements, notices, disclosures, and other important correspondence.

22.2 The Customer hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. The Customer hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Instacorp reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice. This includes information related to pricing, availability, and various services offerings.

24. Modifications and Interruptions

24.1 Instacorp reserves the right to modify, suspend, or discontinue the Services, including any part of the portal, at any time without notice. Instacorp shall not be liable to the Customer or any third party for any such modification, suspension, or discontinuance.

24.2 Instacorp does not guarantee the uninterrupted availability of its Services and may experience software, hardware, or other issues, or may need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. The Customer agrees that Instacorp has no liability for any loss, damage, or inconvenience caused by an inability to access or use the Services during any downtime or discontinuance of the Services.

25. Contribution License

25.1 By submitting any content (e.g., feedback, comments, endorsements) to Instacorp, the Customer grants Instacorp a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, publish, translate, distribute, and display such content in any form or medium.

25.2 The Customer warrants that any content submitted to Instacorp does not violate the intellectual property rights of any third party and that they have the right to grant this license.

25.3 By submitting suggestions or other feedback regarding the Services, the Customer agrees that Instacorp can use and share such feedback for any purpose without compensation to the Customer.

25.4 Instacorp does not assert any ownership over the Customer's Contributions. The Customer retains full ownership of all of their Contributions and any intellectual property rights or other proprietary rights associated with their Contributions. Instacorp is not liable for any statements or representations in Contributions provided by the Customer in any area on the Services. The Customer is solely responsible for their Contributions to the Services and expressly agrees to exonerate Instacorp from any and all responsibility and to refrain from any legal action against Instacorp regarding their Contributions.

26. Fees And Refunds

Instacorp operates as a channel partner to multiple free zones, mainland jurisdictions, authorities, and various third-party service providers. Therefore, the refund policy is subject to the specific terms and conditions of the respective jurisdictions, authorities, and service providers. The following general terms shall apply:

26.1 Suspension of Services: Instacorp reserves the right to suspend all services to the client if there are any overdue invoices.

26.2 Settlement of Invoices: The client shall settle all invoices raised by Instacorp without any setoff or deduction, free and clear of all taxes, ensuring that Instacorp receives full value in cleared funds.

26.3 Refund Criteria: Refund applications will be considered on a case-by-case basis, subject to the approval of the relevant free zone, mainland jurisdiction, authority, or third-party service provider. Common scenarios for considering refund applications include:

Rejection of immigration card applications.
Rejection of visa applications (applicable only for visa fees).

26.4 Administrative Fees: Administrative fees may be applied before issuing any refunds. The specific fees and conditions are subject to the policies of the respective free zone, mainland jurisdiction, authority, or service provider.

26.5 Processing of Refunds: Refunds will be processed as per the original mode of payment and within the timeframe specified by the relevant free zone, mainland jurisdiction, authority, or service provider, typically ranging from 10 to 45 days, depending on the issuing bank.

26.6 Rejection of Refund Applications: Refund applications may be rejected based on various factors, including but not limited to:

Rejection by the Immigration Department due to pending criminal or civil cases against the client’s representatives.
Failure to provide any requested attested original documents.

26.7 Supplementary Services: Refunds are generally not applicable for supplementary services, subject to the specific policies of the respective free zone, mainland jurisdiction, authority, or service provider.

26.8 Payment Confirmation: Once the payment is made, a confirmation notice will be sent to the client via email within 5 business days of receipt of the payment.

Clients are advised to carefully review the specific refund policies of the relevant free zone, mainland jurisdiction, authority, or third-party service provider governing their application before proceeding with any payments or services.

Non-Compete and Non-Disclosure Agreement

This Non-Compete and Non-Disclosure Agreement is executed by both parties.

Ownership of System and Marks

The Customer acknowledges and agrees that Instacorp is the sole and exclusive owner of all rights, titles, and interests in and to the System and the Marks. The Customer shall not, directly or indirectly, at any time, themselves or in association with third parties, do or cause to be done anything disputing, attacking, or impairing Instacorp's rights, titles, or interests in the System or the Marks.

Acquaintance with the System

The Customer agrees and confirms that the confidential information, System, and Marks were unknown to them prior to this Agreement. Having acquired knowledge about the System and Marks and gained familiarity with Instacorp's employees, affiliates, and subsidiaries, the Customer shall not, during or after the termination of their appointment with Instacorp, engage in any activity impairing the System and Marks nor induce clients or employees to obtain any type of benefit for themselves or third parties.

Non-Competition

The Customer shall not, directly or indirectly:

Develop, own, operate, or have any interest in any similar service establishment, regardless of location, whose trade name, service marks, logotypes, style, concept, format, operating system, or any of the foregoing are similar to or suggestive of the System or the Marks.
Divert or attempt to divert from Instacorp any business of the kind the Customer is prohibited from under Section 3(a) above.
Induce or attempt to induce any of Instacorp's employees to leave the System or employment.
Induce or attempt to induce any of Instacorp's customers to associate with themselves, the Customer, or third parties in any business venture.
Use, develop, reproduce, or copy the Marks or any part thereof by themselves or in association with third parties.

Both parties expressly agree that the restrictive covenants in this Section 3 are reasonable and do not impose an unreasonable burden on the Customer.

Non-Disclosure and Confidentiality

To the extent applicable, the System is confidential and Instacorp's property; the Customer shall not divulge the System or any part thereof to any person or entity without Instacorp's prior written consent, nor misuse, sell, copy, reproduce, or otherwise divulge Instacorp's policies, Marks, or any part of the manual, website, or similar materials without prior written consent.

Enforcement and Remedies

The Customer agrees that any breach or default under this Agreement will cause Instacorp irreparable harm. Therefore, in the event of any such breach or default, Instacorp is entitled to injunctive relief, specific performance, or other equitable relief. Instacorp shall be entitled to a restraining order or injunction without bond, specific proof of irreparable harm, or specific proof of an inadequate remedy at law.

Applicable Law & Jurisdiction

This Agreement shall be governed by, construed, and enforced under the laws of the United Arab Emirates and the Emirate of Dubai. Disputes shall be resolved through arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, incorporated by reference into this clause. The language for mediation or arbitration shall be English. The number of arbitrators shall be three, appointed by the LCIA Court, and the seat of arbitration shall be the Emirate of Dubai. Parties agree to ratify and enforce such awards in UAE courts under applicable law.

Thank you for using our services. If you have any questions or concerns regarding these Terms and Conditions, please contact us at [email protected].