These terms and conditions of business represent the agreement between the parties for engagement of the services offered by Migrant Services. No variation of these terms shall be made without mutual consent of both parties.
Definitions
1. 'Migrant Services' shall mean Migrant Services, a division of Amrit Sons (UK) Limited
2. ' The Client ' shall mean the individual person or corporate entity that engages Migrant Services to provide consultancy services or make application to obtain a work permit or visa either on their own behalf or on behalf of an identified third party subject to these terms of business.
3. ' The Agreement ' shall mean the contracted engagement by the Client of the services offered by Migrant Services pertaining to the application and subsequent approval of a work permit or visa application subject to these terms and conditions.
4. ' Work permit or Visa ' shall mean any official form of entry to the UK or any Country and includes work permits, entry clearance, visas, security clearance or extension of leave to remain that may be required from the relevant country's authorities in order for the Work Permit holder to enter, undertake employment or remain in the United Kingdom.
5. ' Third Party ' shall mean any individual person or corporate entity made party to the engagement of Migrant Services by the Client as detailed above and including but not limited to an Employer, Recruitment Agency or individual job seeker or prospective employee, any third party being similarly subject to these terms of business upon being made party to the engagement of Migrant Services by the Client.
6. ' Fees ' shall mean the professional fees of Migrant Services as detailed and agreed or otherwise directly amended or detailed only by a director in writing or in person at any time for any service provided therein.
7. ' Application ' shall mean the preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient including but not being limited to work permits, visas applications for leave to remain, naturalisation and citizenship or any other application.
8. ' Engagement ' shall mean the request by the Client, on its own behalf or on behalf of any third party, made to Migrant Services to engage the services of Migrant Services as defined herein and subject to acceptance by the Client of these Terms of Business. Such acceptance shall be considered as so confirmed by any request, query or any other correspondence to Migrant Services from the Client, or any relevant third party detailed by the Client, pertaining to any particular service or Application following receipt, via any written medium, of these Terms of Business. In the interests of Clarity, clicking the relevant button[s] and progressing to further stages within the engagement process of the Migrant Services Internet presence, such process to be clearly identified as such shall similarly constitute full acceptance of these Terms of Business.
Engagement
9. Immediately upon the Client's engagement of Migrant Services to make any application, the Client agrees to the terms of this agreement and further the Client agrees and accepts that Migrant Services is under no obligation to commence or undertake any work in respect of application until such requested initial information and/or data has been received and passed as satisfactory by Migrant Services. Migrant Services will make best endeavours to obtain a work permit or visa for the Client where applicable. In the interests of clarity, acceptance of these Terms of Business is required only once from the Client and any subsequent communication by the Client to Migrant Services pertaining to any application will be similarly binding upon the Client.
10. The client agrees upon engagement of Migrant Services to provide any and all documentation as may be requested by Migrant Services from time to time for the purposes of performing its services and/or making an application and to make any third party aware of its similar obligations to do so.
11. The Client agrees that any information or documentation provided to Migrant Services pursuant to Clause 10 above shall be true and accurate and further the Client hereby agrees to indemnify Migrant Services for any loss or damage Migrant Services may suffer directly or indirectly as a result of the Client's breach of the Clause 10. Such loss or damage shall include but not be limited to the legal costs of defending any civil claim or criminal penalty against Migrant Services arising from the Client's breach thereof. Furthermore, Migrant Services retain the right to withdraw their representation without prior notice, should there be non-compliance in this regard.
12. The Client and any third parties identified or not identified by the Client agree, upon engagement of Migrant Services, that all representations to and contact with the relevant authorities shall be made solely through Migrant Services and that at no time shall the Client or any Third Party contact or make representation to any authorities with whom Migrant Services is dealing or with whom Migrant Services is about to deal.
13. The Client accepts that if the Client withdraws or instructs Migrant Services to withdraw or withdraw Migrant Services's instructions in respect of any application prior to 10 days following the engagement of Migrant Services, fees will be payable to Migrant Services for work carried out prior to the withdrawal of instructions. For application services such an amount shall not be more than 50% (fifty per cent) of the fees payable for a successful application.
14. The Client accepts that if the Client withdraws or instructs Migrant Services to withdraw or withdraw Migrant Services's instructions in respect of any application 10 days or more following the engagement of Migrant Services full fees will be payable to Migrant Services for work carried out prior to the withdrawal of instructions.
Fees and Payment
15. Whilst Migrant Services may offer free advice and evaluations, this is at Migrant Services's absolute discretion, and this service may be withdrawn at any time and for any reason. Migrant Services will give the Client due notice of Migrant Services's intention to stop giving free advice on some or all of it's services and clarify any charges that may apply instead. Where Migrant Services do give free advice, Migrant Services will normally respond quickly to queries. However, this will not always be possible. By taking advantage of any of Migrant Services's free advice services the Client is accepting that this is the case. Migrant Services makes no representation and accepts no liability as to the current validity of such advice due to the reliance on third party information. On no occasion shall Migrant Services's services be construed as free or obligatory.
16. Payment and method of payment of Company's fees and any other relevant remuneration under this agreement shall survive the termination of this agreement.
17. The Client agrees to pay to Migrant Services, both via initial engagement deposit fees and/or ongoing or balance fees, such fees as are detailed to the Client on initial engagement and then upon successful obtaining of a work permit or visa by Migrant Services or by any other party subject to the relevant clauses herein or upon withdrawal of any application by the Client or Third party subject to the relevant clauses herein and where relevant to pay a deposit as stated by Migrant Services which may amount to the entire fee and is at the sole discretion of Migrant Services.
18. The Client agrees to pay any balance sum or statement of account of any fees due by return as indicated on such invoices but in any case within 7 days of receipt from Migrant Services of an invoice pertaining to the relevant case[s] and Migrant Services shall be within it's rights as consultant for or representative of the Client's and/or Third Party's Application to withhold any data at it's sole discretion pending receipt of such payment.
19. Any cancellation, delay or other default of any such payment shall incur interest at the rate of 5% above the base rate of Bank of England.
20. Migrant Services reserves the right to amend quoted Government Entry Clearance Fee charges and other indirect charges irrespective of any quotes undertaken by Migrant Services upon such amendment by the relevant Government authorities or other bodies. Such charges are in addition to fees and charges stated herein.
21. From time to time, discounts may be offered including but not limited to repeat business and other quoted volume or discountable services or applications. In no way does any discount qualify or guarantee the Client future or indefinite discounts save for the terms of this agreement. Quoted discounts shall be honoured by Migrant Services only once written agreement has been received and both engagement and ongoing or balance fees are paid by the Client as detailed herein. Discounts are reliant on the presence and integrity of the relevant data as required by Migrant Services. Migrant Services reserve the right to refuse discounts on the grounds of inaccurate or insufficient application or evidence data.
22. Migrant Services operate a 100% no win no fee policy. Where advance fees or deposits have been paid to Migrant Services and an application has failed, such Migrant Services fees shall be repaid in full subject to Clauses 9 - 14 and 17 - 18.
23. The Client undertakes not to withhold any payment due to Migrant Services arising out of any service or application hereunder on any grounds, including the existence of any dispute between the Client and Migrant Services or any other party regarding an application or any other matter.
24. The fees quoted do not include any further representation in the event of a failed application, where an appeal may need to be lodged or Court appearance necessary or in situations where the applicant's situation becomes substantially more complex post submission. Should this situation arise, the Company would no longer be able to assist in your application due to restrictions imposed by the Office of Immigration Services Commissioner and will endeavour to direct you to an alternative provider.
Liability
25. Other than as is expressly stated herein or implied by statute, Migrant Services shall not be liable for any loss or damage of any description whatsoever arising from any service or the failure or delay in approval of any application made hereunder or arising from Migrant Services's breach of any express or implied term hereof.
26. In any event Migrant Services's liability shall be limited to the amount of fees received in respect of any individual application from which such liability may arise.
27. Migrant Services shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of Migrant Services being unable to fulfil any of it's obligations herein due to the occurrence of an unforeseen event, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, delays or losses caused by postal services and Acts of God.
General
28. Unless expressly agreed in writing to the contrary, time shall not be of the essence in the performance of Migrant Services's obligations hereunder, and the Client understands and accepts that any time estimates for the fulfilment of processing of any application where Client relies on third party involvement are outside the control of Migrant Services and is not in any respect binding or definite. We recommend that no travel plans be entered into until the return of the passport.
29. Additional services available are listed on Migrant Services's website. Such services do not form part of this agreement and may be engaged at any time. At no time shall Migrant Services be obliged to provide or the Client be obliged to purchase these additional services to which separate terms will apply from time to time. Migrant Services shall be indemnified, defended and held harmless from and against any loss or claim resulting from any party engaging these additional services.
30. This agreement shall terminate immediately upon any material breach of its terms without remedy within 14 days by Migrant Services or the Client or any third party. The provisions of this Agreement concerning remuneration and limitations of liability shall survive its termination.
31. Any notices to be served hereunder may be served upon Migrant Services at 10 Bray Road, Maidenhead, Berkshire, SL6 1UE and any notices to be served upon The Client or any third party may be served upon those parties at the last address notified by them to Migrant Services as being their places of business or address for service, service being deemed to have been effected 7 days after posting by inland post, 14 days after posting from outside the United Kingdom, or 2 days after transmission by facsimile or email.
31. At Migrant Services we strive to continually improve the service we offer to our clients. Should you wish to comment about any aspect of our service or our staff, please write to: Director, Migrant Services, 10 Bray Road, Maidenhead, Berkshire, SL6 1UE. Alternatively, you may complain directly to: The office of Immigration Services Commissioner, 6th Floor, Fleetbank house, 2-6 Salisbury Square, London, EC4Y 8JX.
32. Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of Migrant Services.
33. By agreeing to the Terms of Business the client agrees that the Office of Immigration Services Commissioner can inspect the client files for the purposes of checking the quality of advise received. All information received shall be dealt with in accordance with Data Protection Act 1998.
34. The unenforceability of any part hereof shall not affect the enforceability of the balance hereof.
35. These terms and conditions are governed by the law of England & Wales.