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TERMS AND CONDITIONS OF BUSINESS
These terms and conditions of business represent the agreement between the parties for engagement of the services offered by Universal Migration Ltd. No variation of these terms shall be made without mutual consent of both parties. It is important that the Client reads and fully understands this document as it establishes the working relationship between the parties. The Client is encouraged at any time to seek clarification on any matter contained in this document, including but not limited to obtaining assistance in the translation of the document, by contacting Universal Migration Ltd. Terms and conditions for exclusive supply of such services, for candidate provision, vacancy marketing and for any other services offered by Universal Migration Ltd are available upon request. Definitions
2. ' The Client ' shall mean the individual person or corporate entity that engages Universal Migration Ltd 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 Universal Migration Ltd pertaining to the consultancy service, application and subsequent completion 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 but is not limited to 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 Client or Applicant to enter, undertake employment or in any way remain in the United Kingdom or any Country.
5. ' Third Party ' shall mean any individual person or corporate entity made party to the engagement of Universal Migration Ltd 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 Universal Migration Ltd by the Client.
6. ' Application ' shall mean 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, changes or adjustments of status, naturalisation and citizenship, which benefit or authorisation may be conferred by the Government of the United Kingdom and any other World Government as may be applicable from time to time. Applications may or may not be a component part of any consultancy service.
7. ' Engagement ' shall mean the request by the Client, on its own behalf or on behalf of any third party, made to Universal Migration Ltd to engage the services of Universal Migration Ltd 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 Universal Migration Ltd from the Client, or any relevant third party detailed by The Client, pertaining to any particular service or Application following receipt, via any written or verbal medium, of these Terms of Business. Engagement
9. The client agrees, upon engagement of Universal Migration Ltd, to provide any and all documentation and any other data as may be requested by Universal Migration Ltd from time to time including but not limited to accounting, payroll, incorporation, Inland Revenue, HM Customs, contract, invoicing, lease, mortgage and other trading data if applicable for the purposes of performing its consultancy service and/or making an Application and to make any third party aware of its similar obligations to do so.
10. The Client agrees that any information or documentation provided to Universal Migration Ltd pursuant to Clause 9 above shall be true and accurate and if any claims made by the Client are inaccurate or cannot be substantiated by relevant documentation deemed acceptable to Universal Migration Ltd then Universal Migration Ltd will provide options to the Client on how to proceed pursuant to these terms of business. Further the Client hereby indemnifies Universal Migration Ltd for any loss or damage Universal Migration Ltd may suffer directly or indirectly as a result of the Client’s breach of this Clause 10 such loss or damage including but not being limited to the legal costs of defending any civil claim or criminal penalty against Universal Migration Ltd arising from the Client’s breach hereof.
11. The Client and any Third parties identified or not identified by the Client agree, upon engagement of Universal Migration Ltd application services, which may or may not be part of its consultancy services, that all representations to and contact with the relevant authorities shall be made solely through Universal Migration Ltd and that at no time shall the Client or any Third Party contact or make representation to any authorities with whom Universal Migration Ltd is dealing or with whom Universal Migration Ltd is about to deal.
12(i) The Client accepts that Universal Migration Ltd charges fees for its services. Such fees are normally based the estimated typical time taken for a particular case plus expenses, which will have been clearly identified to the Client. Universal Migration Ltd does offer on occasion, and where clearly detailed to the Client, some discounted, staged-payment or flat-rated application-specific fees, which significantly reduce the level of fees that would otherwise be charged by Universal Migration Ltd.
12(ii) Consequently, with particular regard to any discounted, staged-payment or flat-rated application-specific fee options offered to the Client, should the Client withdraw or instruct Universal Migration Ltd to withdraw or fail to make payment within a contracted timescale or in any way breach these terms of business in respect of any such service or application prior to the completion of such service or application, fees will be due from the Client to Universal Migration Ltd for the amount of work done up until that notification of withdrawal, which will be accepted immediately and subject to paragraph 13(iv).
12(iii) For the absence of any doubt, relevant billable time in this instance shall not include Universal Migration Ltd providing a response to any client complaint, providing the client with a balance of their financial account with Universal Migration Ltd, providing the client with copies of any paperwork from the relevant Government body concerning the Client's application or providing the client with a written justification of the actions taken by Universal Migration Ltd with regard to the client's application.
12(iv) Any time or work undertaken to pursue or retrieve any fees due to Universal Migration Ltd or to engage in any matter instructed by the client not listed in 12(iii) shall represent billable time based upon Universal Migration Ltd's hourly rate and subject to this Clause 12. Such fees shall not exceed the total flat-rated application specific fee, shall be determined solely by Universal Migration Ltd and for hourly-rated consultancy services shall equal the balance of the Clients account upon receipt of such instructions or until the client's payment of any outstanding fees to Universal Migration Ltd, whichever is the later.
13. Universal Migration Ltd may at any time request original documentation from the Client and hold lien over any and all such documentation without exception should the Client default on payment, such default to mean that the required payment has not been received in cleared funds or entered the Universal Migration Ltd bank accounts by midnight on the date identified by Universal Migration Ltd to the Client, until such time as full payment is received by Universal Migration Ltd. In the interests of clarity, should the Client require any travel documents for any reason during any case the Client shall notify Universal Migration Ltd of the exact reason for travel and Universal Migration Ltd may at its sole discretion request documented proof of such travel and may at its sole discretion return such travel documents to the Client on a temporary basis or until such time as Universal Migration Ltd’s full case fees are paid by the Client.
14. It is accepted by the Client that upon engagement Universal Migration Ltd shall have already delivered services in whole or in part to the Client, and in particular where detailed phone assessments have been conducted and consequently there shall be no standard ‘cooling off’ period or cancellation of services at this point such condition to have been made clear to the Client in prior communications from Universal Migration Ltd including but not limited to delivery of these terms of business. At no time shall the Client hold legitimate claim against Universal Migration Ltd under the conditions in this clause 13.
15. The Client accepts that if The Client fails to communicate in writing with Universal Migration Ltd with regard to the active progress of any Client’s case(s), such active progress to be defined as the honest and accurate provision by the Client of relevant requested documentation and/or responses to specific queries, for any period in excess of 30 days at any time without good reason, the viability of such reason to be at the sole discretion of Universal Migration Ltd but at all times fair, a default process will be activated by Universal Migration Ltd, which will request such active progress from the Client within a defined period without which the Client shall be considered in default and therefore in breach of these terms of business. At such a time any outstanding case fees will be payable to Universal Migration Ltd within 7 days by the Client. In the interests of clarity, it is the desire and intension of Universal Migration Ltd at all times to complete the Client’s case successfully.
16. The Client accepts that where Universal Migration Ltd offers any terms of deferred payment or payment in abeyance, these offers are subject to the Client following the advice and due processes of Universal Migration Ltd. The Client is at any time within his/her rights to instruct Universal Migration Ltd to proceed with a relevant case against the advice of Universal Migration Ltd, provided that this instruction is not in any way detrimental to the business or good name of Universal Migration Ltd such to be defined and confirmed solely by Universal Migration Ltd. Should the Client so instruct Universal Migration Ltd subject to this paragraph 17, any terms of deferred payment or payment in abeyance shall be removed by Universal Migration Ltd and settled in full by the Client prior to any further action being taken on the relevant case by Universal Migration Ltd. Fees and Payment 17. Whilst Universal Migration Ltd may offer limited free advice and evaluations in some cases, this is at Universal Migration Ltd's absolute discretion, and this service may be withdrawn at any time and for any reason. Universal Migration Ltd will give the Client due notice of Universal Migration Ltd's intention to stop giving free advice on some or all of it's services and clarify any charges that may apply in it's stead. Where Universal Migration Ltd does give free advice, Universal Migration Ltd will normally respond quickly to queries. However, this will not always be possible. By taking advantage of any of Universal Migration Ltd's free advice services the Client is accepting that this is the case. Universal Migration Ltd makes no representation and accepts no liability as to the current validity of such advice where such is reliant on third party information such as government information. On no occasion shall Universal Migration Ltd's application services be construed as free or obligatory and on no occasion shall Universal Migration Ltd’s consultancy services be offered or construed as free or obligatory.
18. Payment and method of payment of Company's fees and any other relevant remuneration under this agreement shall survive the termination of this agreement.
19. The Client agrees to pay to Universal Migration Ltd, both via initial engagement deposit fees and/or ongoing or balance fees, such fees as are detailed to the Client either based upon the detailed consultancy service rates or upon successful obtaining of a work permit or visa by Universal Migration Ltd 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 Universal Migration Ltd which may amount to the entire fee and is at the sole discretion of Universal Migration Ltd.
20. 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 Universal Migration Ltd of an invoice pertaining to the relevant case[s] and Universal Migration Ltd 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.
21. As and when any relevant Government authorities or other bodies amend their fees or charges, Universal Migration Ltd reserves the right to in turn amend such charges to the Client irrespective of any quotes undertaken by Universal Migration Ltd prior to or upon engagement by the Client. Such charges are in addition to fees and charges stated herein.
22. 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 Universal Migration Ltd 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 Universal Migration Ltd. Universal Migration Ltd reserve the right to refuse discounts on the grounds of inaccurate or insufficient application or evidence data.
23. The Client undertakes not to withhold any payment due to Universal Migration Ltd arising out of any service or application hereunder on any grounds, including the existence of any dispute between the Client and Universal Migration Ltd or any other party regarding an application or any other matter. Warranty 24. The Client fully understands that Universal Migration Ltd is not the decision maker in any application process and consequently, although Universal Migration Ltd does warrant its own performance under these terms, shall not be held responsible, nor can it warrant guarantee, for decisions made by such relevant decision makers. Should any application be unsuccessful, Universal Migration Ltd shall, where such decisions are considered by Universal Migration Ltd to be disputable, make representation to the appropriate decision makers for review should the Client wish it . Liability 25. Universal Migration Ltd recognises the Client’s statutory rights. Universal Migration Ltd shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application or arising from any third party action.
26. In any event Universal Migration Ltd's liability shall be limited to the amount of our Fees received by Universal Migration Ltd in respect of any individual application from which such liability may arise.
27. Universal Migration Ltd shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of Universal Migration Ltd being unable to fulfil any of it's 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. General 28. It is accepted by the Client that, where there is any third party involvement outside the control of Universal Migration Ltd, such as any Government of regulatory body, the performance in time of Universal Migration Ltd's obligations hereunder may in turn be affected by that third party’s timekeeping. In the interests of clarity this means that Universal Migration Ltd will make best endeavours to perform its obligations in a timely manner but cannot be held responsible for any delays caused or time taken by third parties. |
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