EXILLIUM DMCC
Jumeirah Bay Tower X3, 25th Floor, Office 2506
Jumeirah Lakes Towers, Dubai, UAE
T: +971 4 390 4450
E: [email protected]
W: www.exillium.com
Definitions
- “Client” refers to any natural person(s) or legal entity(ies) who have entered into an executed letter of engagement with EXILLIUM DMCC.
- “Firm” denotes EXILLIUM DMCC, operating from its registered office in Dubai.
1. Notifications to Regulatory Authorities
The Client consents to EXILLIUM DMCC making timely disclosures to regulatory authorities as required by applicable laws, including but not limited to the UAE Central Bank, the Financial Intelligence Unit (FIU), or any relevant regulatory body concerning material events or circumstances related to the Client that may require regulatory oversight.
In the event of any dispute regarding such notifications, the Client agrees to seek independent legal counsel and to provide EXILLIUM DMCC with a copy of any such legal advice.
2. Anti-Money Laundering, Terrorism Financing, and Sanctions Compliance
Under Federal Law No. 20 of 2018 and applicable Cabinet Resolutions, EXILLIUM DMCC is obligated to report any knowledge or suspicion of money laundering, terrorism financing, or sanctions breaches to competent authorities. Failure to disclose such information is a criminal offense.
The Client affirms non-involvement in any such illicit activities and waives confidentiality rights with respect to mandatory disclosures to authorities.
3. Client Identification and Onboarding Procedures
Prior to service commencement, the Client must provide full identification and address verification, along with any additional documentation deemed necessary for compliance with AML legislation and internal policies.
EXILLIUM DMCC reserves the right to conduct due diligence, including but not limited to, source of wealth verification and background checks. Refusal to comply may result in denial of services.
4. Fee Structure and Payments
- Fees are determined transparently and in alignment with the services provided.
- Estimates are based on current scope and information. Any scope change or time exceedance will incur additional charges.
- The Client will be informed in advance if actual costs are likely to exceed the estimate.
- All fees are exclusive of VAT or other applicable taxes. Travel and incidental expenses directly related to service delivery are billed separately.
5. Confidentiality and Data Protection
EXILLIUM DMCC commits to strict confidentiality regarding all Client-related information, subject to legal obligations under UAE law.
Disclosures may be made without notice for compliance with AML or other statutory requirements. All staff, advisors, and agents are contractually bound by confidentiality.
6. Data Protection
Personal data will be processed in accordance with UAE data protection legislation, and used for service delivery, management, compliance, and crime prevention, with robust security and integrity measures in place.
7. Intellectual Property
All materials, documents, and methodologies developed by EXILLIUM DMCC during engagement remain the Firm’s property unless otherwise stated in writing or required by law.
8. Third Party Rights
Services and advice are provided exclusively for the Client’s use. Distribution or reliance by third parties requires prior written consent from the Firm.
9. Non-Solicitation
Both parties agree not to solicit, employ, or engage the other party’s employees or contractors for a period of 24 months following the conclusion of the engagement. Any breach will result in liability for compensation.
10. Limitation of Liability
EXILLIUM DMCC’s liability is limited to cases of gross negligence, fraud, or willful misconduct. Liability is capped at the total fees paid for the services concerned unless otherwise agreed in writing.
The Firm shall not be liable for losses arising from false or misleading information provided by the Client, or from actions by third parties.
11. Professional Indemnity Insurance
EXILLIUM DMCC holds professional indemnity coverage through American Home Assurance Company (Dubai Branch) with worldwide coverage, excluding the USA and Canada.
12. Force Majeure
The Firm shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, government restrictions, or disruption of communications.
13. Severability
If any provision of these terms is deemed invalid, illegal, or unenforceable, that provision shall be severed, and the remainder shall remain in full force and effect.
14. Waiver
No delay or failure to exercise any right under these terms shall constitute a waiver of that or any other right.
15. Conflict of Interest
EXILLIUM DMCC reserves the right to serve clients with potentially competing interests, subject to strict adherence to confidentiality and prompt disclosure of any actual conflict.
16. Governing Law and Dispute Resolution
These terms are governed by the laws of the United Arab Emirates and shall be interpreted under the jurisdiction of the Dubai International Financial Centre (DIFC).
All disputes shall be resolved via arbitration through the DIFC Courts Arbitration Division, in accordance with its rules. One arbitrator will be appointed jointly by the parties or by the DIFC Courts if agreement is not reached.
