Standard Terms of business

Content

• Definitions

• Engagement

• Warranty

• Your Obligations

• Liability

• General

Definitions:

1. "We", "our" or "us" shall mean workpermit.com, a partnership, whose principal place of business and address for service is 11 Bolt Court, Fleet Street, London EC4A 3DQ, UK.
    

2. "Application" shall mean the preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorisation, including but not being limited to work permits, visas applications for leave to remain, petition approvals, landing rights, changes or adjustments of status, naturalisation and citizenship, which benefit or authorisation may be conferred by any government in the World.
    

3. "UK Work Permit" shall mean any permit, permission, recommendation or authorisation issued by the United Kingdom Department for Education & Employment, Overseas Labour Service, including but not limited to work permits, training and work experience permits or keyworker permits BUT NOT (in the absence of any express agreement to the contrary) including any entry clearance, visa, security clearance or extension of leave to remain that may be required from the Immigration & Nationality Directorate or the Foreign Office in order for the Work Permit holder to enter, undertake employment or remain in the United Kingdom.
    

4. "Fees" shall mean any sums due to us for services rendered plus any taxation or other governmental fee, levy or penalty applicable thereto, including but not being limited to value added tax and sales tax.

Engagement:

5. By instructing us to make an application you accept and agree to abide by these terms.
    

6. Immediately upon instructing us to make an application you undertake to forward to us a sum equal to half of our fees as notified to you in respect of that application, and further you agree and accept that we are under no obligation to commence or undertake any work in respect of that application until such sum has been received by us.
    

7. You undertake to forward to us any sum required by us in respect of disbursements incurred or likely to be incurred in respect of your application immediately upon our requesting such payment.
    

8. You undertake to pay the balance of our fees due for any successful application within 7 days of receipt of our invoice in respect thereof, breach of this term entitling us to charge you interest on such overdue sums at a rate of 3% above LIBOR per annum, calculated monthly on a compound basis.
    

9. You accept that if you withdraw or instruct us to withdraw, or withdraw our instructions in respect of, any application after we have submitted it to the relevant governmental authorities but before a final determination (which term shall mean and include a determination of any and all appeals that may arise from a refusal of an initial application) is made by such authority our fees will be payable as if that application had been successfully completed and approved by the relevant authority or authorities.
    

10. You accept that if you withdraw our instructions in respect of any application after we have begun work, but before the application has been submitted it to the relevant governmental authorities, fees will be payable to us for work carried out prior to the withdrawal if instructions. The exact quantum of these fees shall be determined solely by workpermit.com, save that they shall not be more than 75% (seventy five per cent) of the fees for a successful application.
     

11. You accept that in relation to our performance of our contract with you, we may charge additional fees for services which may be rendered, which may not have been anticipated by us and may be necessary to better perform our contractual obligations to you. Such services including but not being limited to the obtaining of entry clearance, visas, extended or amended leave to remain, further advice for or relating to the principal beneficiary of any application hereunder or any relatives thereof, such additional fees to be agreed in advance wherever possible but in the absence of such agreement to be determined by us in our sole discretion.

Warranty:

12. We warrant that, save where we expressly state to the contrary prior to or at the time of accepting your instruction, we will successfully process your application, or reimburse to the client any monies paid to us in respect of a specific instruction accepted by us.
     

13. The warranty in clause 12 above shall NOT apply where :
    

1. You withdraw the application before submission to the relevant governmental authority;
    

2. You fail to provide any information, documentation or other material to us that we in our sole discretion may deem necessary or desirable in order to process your application promptly upon our request for such information, documentation or other materiel;
   

3. Any information, documentation or material provided to us from any source in respect of your application should transpire to be false, misleading, insufficient or in any other way unacceptable to the governmental authorities responsible for approving your application;
    

4. An application is refused following a personal interview of the intended beneficiary of the subject matter of that application by any governmental or consular authority; or
    

5. You act contrary to our advice, fail to follow our recommendations and/or make direct contact with a governmental authority or other relevant third party without our express consent, such consent not to be unreasonably withheld.

14. Where your application is for a UK Work Permit only we undertake in the event of our being in breach of our warranty in clause 7 above to refund 110% (one hundred and ten per cent) of any sums you have paid to us pursuant to clause 4 above only, and no further sums shall be due to us in respect of your application.
     

15. In every case other than an application for a UK Work Permit we undertake to refund any sums paid to us pursuant to clause 4 above only in the event of our breach of the warranty in clause 7 above, and no further sums will be due to us in respect of that application.
     

16. We reserve the right to deduct from any sums due to you pursuant to clauses 11 or12 above the costs of any disbursements incurred by us in respect of your application for which we have not been reimbursed by you pursuant to clause 5 above.

Your Obligations:

17. You undertake to promptly provide us with any information, documentation or other material that we may reasonably require in respect of your application.
     

18. You warrant that any information or documentation provided shall be true and accurate, and hereby indemnify us for any and all costs (including incidental and consequential costs) incurred by us by reason of your breach hereof, such. costs including but not being limited to fines, penalties, additional government fees, legal costs, costs of wasted work and transport costs.
     

19. You undertake to comply with and obey any and all immigration, employment or other regulations, restrictions or codes of conduct pertaining to your application.
     

20. You undertake not to withhold any payment due to us arising out of any application hereunder on any grounds, including the existence of any dispute between us and you regarding an application or any other matter.

Liability:

21. Other than as is expressly stated herein or implied by statute, we shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application made hereunder or arising from our breach of any express or implied term hereof.
     

22. In any event our liability shall be limited, subject to clause 14, to the amount of our Fees chargeable in respect of any application from which such liability may arise.

General:

23. Unless expressly agreed in writing to the contrary, time shall not be of the essence in the performance of our obligations hereunder, and you understand and accept that any time estimates for the processing of any application that we may give you is not in any respect binding or definite.
     

24. We shall not be liable for any loss or damage whatsoever that you may suffer as a result of our being unable to fulfil any of our obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure (including failures resulting from the changing of the date to 1^st January 2000), failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.
     

25. These terms and conditions are governed by the laws of England & Wales and the forum for the resolution of any disputes arising howsoever herefrom shall be the High Court of Justice, Strand, London, England.
     

26. Any variation of these terms shall have no effect unless expressed in writing and agreed by both parties.
     

27. Any notices to be served hereunder may be served upon us at 11-14 Grafton Street, Mayfair, London, W1X 4NP, UK, and any notices to be served upon you may be served upon you at the last address you notify to us as being your place 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.
     

28. The unenforceabilty of any part hereof shall not affect the enforceability of the balance hereof.