IMMIGRATION CONSULTANCY AGREEMENT
This Immigration Consultancy Agreement is made and entered into between Migrateindia.com which is a trading name of Mediaman Advertising and is authorized and regulated by Mediaman Advertising. (the “Consultant”) and the Client (hereinafter referred to individually as a “Party” and collectively as “the Parties”).
WHEREAS Consultant is in the business of immigration consultancy and visa application services and,
WHEREAS the Client needs such Business visa consultancy and application services; and
WHEREAS the Consultant wishes to be engaged by the Client in the provision of spousal visa consultancy and application services(the “Services”);
NOW, THEREFORE, the Parties hereby agree as follows:
1 Appointment. Subject to the terms and conditions of this Agreement, Client hereby appoints the Consultant to offer the services. Consultant hereby accepts such appointment and agrees to diligently perform Consultant’s obligations under the agreement. It is expressly agreed that the Consultant shall not be deemed an agent of the Client for Visa application purposes. There is no client-consultant relationship unless the consultant and the client sign a written fee agreement.
2 Scope of the Services:
2.1 The Consultant shall in the Consultant’s obligations under this agreement use information provided by the Client to advise on the best manner of phrasing the visa application. It is hereby understood that the Consultant’s advice is fully dependent on the nature of the information provided and the strength of the Client’s supporting documents and therefore the Consultant shall not be held liable for any inability by the Client to obtain the Visa.
3 Consultant’s Obligations.
In addition to such other duties and obligations as are outlined in this Agreement, the Consultant shall:
3.1 Diligently provide the services to the Client for which the Client has indicated;
3.2 Fully and promptly answer all communications from the Client;
3.3 Prepare and maintain, and submit to the Client on a timely basis, all documentation and reports reasonably required from time to time to be submitted, including but not limited to reports containing details of the progress of the services contracted for.
4.1 Client shall indemnify and hold harmless the Consultant from any claims, damages, and expenses including attorney’s fees borne by the Consultant arising out of the Client’s actions or conduct in violation of this Contract.
5 Payment and Expenses
5.1 Consultant shall promptly, at the beginning of the brief indicate to the Client the scope of the project and the amount payable to the Consultant and consequently raise an invoice which shall be payable in full in advance.
5.2 Once the Consultancy services are completed and accepted by the Client, the Consultant shall be deemed to have fulfilled its obligations under this agreement whether the application is submitted by the Client or not, and therefore shall be entitled to receive compensation.
5.3 Waiver of Refund Subject to Online Distance Selling Regulations: Client acknowledges that Consultant’s performance of services under this agreement may commence immediately upon being contracted and therefore Client specifically agrees to an unequivocal waiver of the 14 days cooling period under the regulations. The client further agrees that they have sought independent legal advice on the implications of this waiver and fully understand ad agree to the consequences thereof
5.4 For the avoidance of doubt, the amount payable to the Consultant is based on the net invoice worth and is not inclusive of any taxes, duties, or other payments which may become payable to the government from time to time. The Consultant shall be responsible for its taxes.
5.5 The Consultant is not responsible and shall not be held liable for reimbursing the Client’s expenses in both the application process and during an appeal, if applicable.
5.6 At the application stage, we offer a fixed fee due to the reason that all disbursements such as translations, attestations, and home office application fees are directly payable by you, so we don’t anticipate any further fees for disbursements, any applicable taxes such as VAT will be payable directly by you. Typically associated disbursements include Visa Application Fees, Immigration Health Surcharge Fees, and UKVI Appointment Booking Fees. Please check on the Government websites for what these fees may be as they are regularly updated every year
6.1 Obligations of Non-Disclosure and Non-Use. Unless otherwise agreed to in advance, in writing, by the disclosing Party of any confidential information or except as expressly permitted by this Agreement, the receiving Party will not, except as required by law or court order, use Confidential Information of the disclosing Party or disclose it to any third party for the Term and a period of Two(2) years thereafter.
6.2 The receiving Party shall use the same degree of care to avoid disclosure of the disclosing Party’s Confidential Information as the receiving Party employs concerning its Confidential Information of like importance, but not less than a reasonable degree of care.
6.3 Confidentiality in Disputes. Disputes between the parties are to be resolved in a confidential manner and process. The Client hereby agrees not to, without prior written consent, make, or cause a third party to issue, any public statements, using whatever medium, intended or reasonably foreseen to embarrass or criticize the Consultant.
6.4 Transfer of Data. The client agrees that we may pass on their data and application information to other third parties such as Immigration Outsourcing to process their case, and payment, and improve our services to you. All third parties agree to full confidentiality of client data.
7 Term, Termination, and Second Application
7.1 Term. This Agreement shall commence on the Effective Date and shall, unless earlier terminated continue until such a time when the Services will be deemed to have been performed, signified by the Consultant sending the application to the Client. The Contract shall terminate effective upon the expiration of the 3-day money-back guarantee period.
7.2 Free Second Application: Notwithstanding the provisions of Clause 7.1 on termination of this Contract above, the Consultant shall under this agreement offer a free second visa application consultancy service if the first Visa is refused on account of reasons which have now been addressed. This offer is applicable only if the second application is sought within seven days of the first refusal.
7.3 Exceptions to the Free Second Application: This free service offer shall not be available to the Client if the first refusal was due to one or more of the following reasons:
a) Incorrect information by the Client;
b) Falsification of information and records
c) Failure based on health and character assessment
d) Delays caused by skills-assessing authorities or other authorities engaged in the application process
e) The applicant or any other involved party fails to follow the instructions issued by the Consultant during the application process
f) The applicant’s partners withdraw their support in favor of the application
g) Changes in the law that make the otherwise valid application to be invalid
h) Failure to address reasons for refusal
i. Failure to abide by the terms and conditions
7.4 Money Back Guarantee: Consultant hereby offers to the Client, a 15-day 100% money-back guarantee on listed visa types from the date the Client receives the draft representation letter from the Consultant and only in cases where the work carried out by us is unsatisfactory. This said guarantee does not in any way extend to the period after the submission of the application by the Client nor does it apply where the client has a change of circumstances or breaches these terms and conditions.
We would like to clarify that as per clause 8, we will not refund you if you are unable to proceed with your application due to factors out of our control such as border closures, visa processing suspension, or other factors related to the Covid-19 spread.
7.5 Our spouse visa consultation fee is nonrefundable, however, the cost of the consultation will be deducted from any spouse visa package you may choose.
8 Force Majeure.
8.1 Either Party shall be excused from any delay or failure in performance required here under if caused because of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, government action, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
8.2 The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume.
8.3 In the event the interruption of the excused Party’s obligations continues for a period over Sixty(60) calendar days, either Party shall have the right to terminate this Agreement upon Thirty (30) calendar days prior written notice to the other Party.
9 Limitation of Liability.
9.1 Neither Party shall be liable to the other Party for any special, incidental, consequential, indirect, or punitive damages (including loss of (anticipated) profits) arising in any way out of this Agreement, however, caused and on any theory of liability.
10 Independent Contractor.
10.1 It is understood that the Consultant is an independent contractor and is engaged in the operation of the Consultant’s own business. The Consultant is free to provide similar services to other Clients and shall not be considered an employee of the Client.
10.2 Neither Party hereto is to be considered the agent of the other Party for any purpose whatsoever. Neither Party has any authority to enter into any contract or assume any obligation for the other Party or to make any warranty or representation on behalf of the other Party.
10.3 Each Party shall be fully responsible for its employees, servants, and agents, and the employees, servants, and agents of one Party shall not be deemed to be employees, servants, and agents of the other Party for any purpose whatsoever.
11.1 This agreement is personal to the Client and the Client shall not assign or sub-contract this Agreement or transfer its interest or any part thereof to any third party.
12 Governing Law and Dispute Resolution.
12.1 This Agreement shall be executed by and construed by the laws of India and by Indian law. The Parties consent to the exclusive jurisdiction and venue in India.
13.1 This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. In the event of any discrepancy between the provisions of this Agreement and the provisions of any other prior agreement, the terms and conditions of this Agreement shall prevail. This Agreement may not be modified other than by a written instrument executed by duly authorized representatives of the Parties.
The Client agrees and covenants that the Client will not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the Consultant, the Company or its affiliates or their respective businesses, or any of their respective employees, officers, and existing and prospective customers, suppliers, investors, and other associated third parties. This Section 14.1 does not, in any way, restrict or impede the Client from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order. The Client shall promptly provide written notice of any such order to the Consultant.