Terms and Conditions

1. Contract and acceptance

These Terms govern the services supplied by Mardef Consulting - FZCO, trading as SmartWills.ae (SmartWills), registered in Dubai Silicon Oasis, Dubai, UAE, under Commercial Licence No. 18873.

Your contract with SmartWills consists of your invoice, these Terms and, where stated on the invoice, the FAST or FREE Warranty below. We will provide these documents before payment and identify the applicable version on your invoice.

By paying the invoice, you confirm that you received, read and accept those documents. If you do not agree, do not pay the invoice and notify us before work begins.

2. Our services

SmartWills provides administrative support, liaison and operational coordination for the preparation and registration of UAE Wills. Depending on the service selected, this may include the Risk Profile Audit, Protection Assessment, coordination of drafting and translation, registration support and the other deliverables stated on your invoice.

SmartWills is not a law firm and does not provide legal, tax or financial advice. Legal drafting, legal assessment and certified translation are performed by the relevant independent licensed professionals under their own responsibility. A professional may require you to accept a separate engagement letter for their regulated services.

Government bodies and registries control their own eligibility rules, appointments, procedures, processing times and decisions.

3. Your responsibilities

You agree to:

• provide accurate, complete and current information and readable documents;
• disclose the information reasonably required for your Will;
• promptly answer necessary questions and attend agreed appointments;
• carefully review each draft before approval or submission;
• submit requested changes as one complete and consistent set of instructions; and
• complete identity, compliance, signature and payment requirements when due.

SmartWills is not responsible for a delay to the extent it is caused by incomplete or inaccurate information, delayed answers, changed instructions, missed appointments or another required action you do not complete.

4. Fees and payment

Your invoice will state the selected service, total SmartWills service fee in AED, VAT treatment, payment schedule, applicable warranty and the version of these Terms.

Government, court, registry and separately disclosed third-party fees are not part of the SmartWills service fee. Their refundability is governed by the relevant authority's or third party's rules and applicable law.

If you pay in instalments, the invoice will state each amount and the event that makes it due. SmartWills will not change an agreed fee or payment trigger without your acceptance.

5. FAST or FREE Warranty

5.1. When it applies

FAST or FREE applies only if your invoice expressly states that it is included. It covers the SmartWills service fee and the SmartWills deadlines below. It does not cover government, court, registry or separately disclosed third-party fees.

The Warranty starts when SmartWills receives your first payment and ends when the covered SmartWills service is completed, lawfully terminated or cancelled and refunded under this Warranty.

5.2. Our guaranteed deadlines

We guarantee:

• First English draft: within two Working Days after we have received your first payment, completed your onboarding or Protection Assessment call, and received all complete documents and confirmed instructions required for the draft.
• Certified Arabic translation: within two Working Days after you approve the English draft, where your registry requires an Arabic version.
• Amendments: within one Working Day after we receive your complete and consolidated amendment instructions.
• Replies: a substantive reply to every message concerning your engagement sent through your SmartWills WhatsApp group or to info@smartwills.ae by the end of the same Working Day when received during Working Hours, or by the end of the next Working Day when received outside Working Hours.

A Working Day is Monday to Friday, excluding official UAE private-sector public holidays. Working Hours are 09:00 to 18:00 Gulf Standard Time, UTC+4. An automated acknowledgement alone is not a substantive reply.

For draft, translation and amendment delivery, day one is the first Working Day after all applicable starting conditions are satisfied. Delivery occurs when SmartWills sends the document through the agreed communication channel.

5.3. If we miss a deadline

If SmartWills misses any guaranteed deadline for a reason not excluded below, you may choose:

• Cancel: receive a full refund of all SmartWills service fees paid for the covered engagement and keep the guides, checklists, drafts and translations already delivered for your personal Will matter; or
• Continue: if you selected a two-instalment plan, ask us to continue and decide whether we have earned the unpaid second instalment, subject to the payment schedule stated on your invoice.

We will process an applicable refund within three Working Days after receiving your written choice and the information reasonably required to return the funds. Your bank or payment provider may take additional time to credit them.

To invoke the Warranty, write in your SmartWills WhatsApp group or email info@smartwills.ae. You do not need to use a particular legal phrase. This process does not limit any mandatory right or legal limitation period.

5.4. Exclusions

A deadline is extended only to the extent and for the time that performance is actually prevented by:

• incomplete, unreadable, inaccurate or inconsistent information or documents from you;
• your delayed answer, approval, signature, attendance or other required action;
• new or changed instructions that materially change the work required;
• an external communication-system outage that prevents receipt or delivery;
• an act, query, decision, outage or procedural change of a government body or registry; or
• an event outside reasonable control recognised as force majeure under UAE law.

We will notify you promptly when an exclusion affects a deadline. Our use of an independent professional does not, by itself, exclude a deadline we guaranteed. Client-requested amendments are covered once we receive complete and consolidated instructions.

5.5. What is not guaranteed

FAST or FREE does not guarantee government or registry approval, appointment availability, processing times or decisions. It also does not guarantee that a Will cannot be challenged, that it will be enforceable in every jurisdiction or future circumstance, or any particular inheritance, tax, financial or litigation outcome.

FAST or FREE is additional to your mandatory rights under UAE law. If another part of these Terms conflicts with this Warranty, the Warranty prevails where it gives you a more favourable remedy.

6. Cancellation outside FAST or FREE

If you cancel for a reason unrelated to a SmartWills breach or FAST or FREE, any refund will reflect the services properly completed, the agreed payment stages, disclosed non-recoverable charges and applicable UAE law.

Nothing in this section limits a refund, proper re-performance, compensation or another remedy available because SmartWills breached the contract, failed to perform an applicable warranty or is required to provide that remedy by law.

7. Drafts, registration and changes

You must check names, identification details, appointments, beneficiaries, percentages, assets and instructions before approving a draft.

A registry may request clarification, additional documents, amendments or attendance. SmartWills will coordinate the response within the agreed scope but cannot control the registry's decision.

Changes requested after registration or outside the agreed scope may require a new quote. We will obtain your acceptance before beginning chargeable additional work.

8. Privacy and confidentiality

SmartWills processes personal, family, financial and testamentary information in accordance with applicable UAE law and our Privacy Policy.

Information may be shared with the independent professionals, translators, registries, authorities, payment providers and technology providers needed to supply the service or comply with law.

9. Liability and consumer rights

Nothing in these Terms limits liability or consumer rights that cannot legally be limited.

Subject to mandatory law and the FAST or FREE refund, SmartWills is not responsible for losses caused by inaccurate information from you, your failure to review or act, government or registry decisions outside our control, changes in law, or use of a draft before required professional approval.

To the maximum extent permitted by law, SmartWills' total contractual liability for an engagement will not exceed the SmartWills service fee paid for the service giving rise to the claim. This limit does not reduce the FAST or FREE refund, liability for fraud or wilful misconduct, or a mandatory right to compensation.

10. Contract version and changes

The invoice controls the selected service, price and payment schedule. The FAST or FREE Warranty controls its guaranteed deadlines and remedies. These Terms govern general matters.

We may update these Terms for future purchases. An update will not retrospectively change the version accepted for a paid engagement unless you expressly accept it or applicable law requires the change.

SmartWills will retain an identifiable copy of the invoice, Terms and Warranty applicable to each paid engagement.

11. Governing law and contact

These Terms are governed by the applicable federal laws of the United Arab Emirates and the laws of Dubai. Subject to mandatory consumer rights and procedures, disputes fall under the jurisdiction of the competent Dubai courts.

You may contact us or send a FAST or FREE notice at:

Mardef Consulting - FZCO, trading as SmartWills.ae

Address: IFZA Business Park, DDP, Dubai Silicon Oasis, Dubai, UAE

Email: info@smartwills.ae

Telephone: +971 55 179 8875

Commercial Licence No. 18873

Tax Registration Number: 104189738800003