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Standard Terms of business
Content
Definitions:
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"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.
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"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.
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"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.
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"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:
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By instructing us to make an application you accept and agree to abide by
these terms.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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The warranty in clause 12 above shall NOT apply where :
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You withdraw the application before submission to the relevant
governmental authority;
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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;
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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;
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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
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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.
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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.
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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.
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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:
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You undertake to promptly provide us with any information, documentation
or other material that we may reasonably require in respect of your
application.
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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.
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You undertake to comply with and obey any and all immigration, employment
or other regulations, restrictions or codes of conduct pertaining to your
application.
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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:
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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.
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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:
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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.
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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 1st January
2000), failure of power supplies, earthquake, typhoon, tidal wave, and Acts
of God.
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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.
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Any variation of these terms shall have no effect unless expressed in
writing and agreed by both parties.
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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.
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The unenforceabilty of any part hereof shall not affect the enforceability
of the balance hereof.
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Green-Cards.com
245 Park Avenue
New York City
NY 10167, USA
Tel: +1 212 672 1602
Fax: +1 212 372 8798
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