Terms and conditions
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These terms and conditions, together with any schedules represents the entire agreement between the parties. No variation to these terms and conditions shall be effective unless in writing and signed by each of the parties.
1. Definitions
The European Community Association Agreement shall mean an agreement whereby citizens of either Bulgaria or Romania may gain entry to the UK to set up in business or join an existing business.
The Agreement shall mean a contract between the Client and workpermit.com for the provision of services leading to the approval of an application for leave to enter the UK as a person intending to establish himself in business under the provisions of the European Community Association Agreement, and incorporating these Terms and Conditions.
workpermit.com shall mean workpermit.com and affiliate, subsidiary or parent thereof and identified as such in any invoice to the Client as the context requires.
The Client shall mean the person, company or entity engaging workpermit.com to obtain a Visa under these Terms & Conditions.
Visa shall mean leave to enter the UK for a person intending to establish himself in business under the provisions of the European Community Association Agreement, which would allow the Client to travel to the UK, set himself up in business or join an existing business there and work in the business initially for one year.
2. workpermit.com Services
2.1 workpermit.com undertakes to use its best endeavours to obtain a Visa for the Client.
2.2 Subject to Clause 3, 4 and 5 hereof if workpermit.com is unable to obtain a Visa for the Client then workpermit.com shall refund any deposit paid to workpermit.com by the Client.
2.3 The services provided will cover a visa application that will grant entry for up to one year. This Visa may then be extended by another three years. Then at the end of 4 years in the UK, the Client may apply for indefinite leave to remain (Permanent Residence). The Client may be able to apply for naturalisation as a British citizen one year after being granted indefinite leave to remain in the UK. However, this Agreement shall not include any services leading to an extension of the initial one-year visa. If workpermit.com is instructed in a further visa application or in a naturalization application this would come under a new agreement between the parties.
3. Working together with workpermit.com
3.1 The Client undertakes on instructing workpermit.com to apply for a Visa for himself or thereafter promptly on receipt of any request from workpermit.com to provide accurate and detailed information and documentation regarding the Client, the personal details, qualifications and work experience of the Client, detailed information on the new or existing business in the UK and any other information or documentation that in its sole discretion workpermit.com may deem necessary in order to obtain a Visa for the Client.
3.2 The Client warrants that any information or documentation provided to workpermit.com pursuant to sub-clause 3.1 above shall be true and accurate and further the Client hereby indemnifies workpermit.com for any loss or damage workpermit.com may suffer directly or indirectly as a result of the Client’s breach of this sub-clause such loss or damage including but not being limited to the legal costs of defending any civil claim or criminal penalty against workpermit.com arising from the Client’s breach hereof.
3.3 The Client warrants that, once workpermit.com instructed in any case, that all representations to and contact with the relevant authorities will be made via workpermit.com and that at no time will the Client, or any agent of theirs, contact or make representations to any authorities with whom workpermit.com is dealing or with whom workpermit.com is about to deal.
4. Payment
4.1 The Client agrees to pay to workpermit.com a deposit of GBP 475 (four hundred and seventy-five Pounds Sterling) at the same time as instructing workpermit.com to obtain the Visa.
4.2 The Client agrees to pay another GBP 475 (four hundred and seventy-five pounds Sterling) within 7 days of receipt from workpermit.com of an invoice pertaining to same which invoice shall only be issued by workpermit.com subsequent to notification to workpermit.com by the relevant authorities that they are prepared to approve such a Visa.
4.3 Should the Client instruct workpermit.com to withdraw the Visa application subsequent to instructing workpermit.com to apply for same but prior to submission to the relevant authorities of the application then sub-clause 2.2 hereof notwithstanding workpermit.com shall be entitled to retain any deposit paid by the Client in respect of the application.
4.4 Should the Client instruct workpermit.com to withdraw the Visa application subsequent to submission to the relevant authorities of the application then sub-clause 2.2 hereof notwithstanding workpermit.com shall be entitled to retain any deposit paid by the Client in respect of the application and shall further be entitled to payment by the Client of the balance of workpermit.com’s fees in respect of the application.
4.5 In the event that sums due hereunder are not paid within three months of falling due workpermit.com shall have the right to charge interest on such sums at a rate of 3% (Three Per Cent) above the then prevailing minimum lending rate set from time to time by the National Westminster Bank plc per annum calculated on a day-by day basis for each day after 3 months after the due date that the sum remains unpaid.
4.6 All fees quoted by workpermit.com in fee schedules and generally in correspondence and in conversation, are exclusive of disbursements; such disbursements are payable by the Client in addition to workpermit.com’s fees.
5. Termination & Suspension
5.1 The Agreement shall be suspended automatically on the occurrence of an event of force majeure being an event, occurrence or circumstance beyond the control of either party which operates to prevent either or both of the parties hereto from fulfilling any of their obligations hereunder such suspension continuing for as long as the event of force majeure shall continue and applying to any and all such obligations affected thereby only.
5.2 In the event of either party hereto being in breach of these Terms and Conditions the other party may by seven days’ notice in writing specifying each breach and demanding remedy thereof suspend the entirety of the Agreement for such time as the breach or breaches so specified remain unremedied save that if such breach or breaches remain unremedied for a period exceeding one month then the non-breaching party may terminate the Agreement forthwith by notice in writing.
5.3 The Agreement shall terminate automatically in the event that any suspension hereunder shall continue for a period of six months from the date of suspension.
6. Liability
6.1 Save as specified in sub-clause 2.3 hereof workpermit.com shall not be liable to the Client for any loss or damage whatsoever suffered by the Client as a result of a delay in workpermit.com obtaining a visa or failure to obtain any visa hereunder.
6.2 The liability to workpermit.com arising from the negligence of any Workpermit.com employee or agent of Workpermit.com shall be limited to any professional fees already received by Workpermit.com.
7. Complaints
7.1 You may complain directly to the Client Relations Department at Workpermit.com, 11 Bolt Court, London EC4A 3DQ. If your complaint is about an UK immigration related matter you may also complain to the Office of the Immigration Services Commissioner, 5th Floor, Counting House, 53 Tooley Street, London SE1 2QN.
8. General
8.1 Any notice to be served hereunder may be sent by regular first class post to the principal place of business or the registered office of the party to be served and, if sent by mail, such service shall be deemed to have been effected on the fifth day after the date of posting.
8.2 The unenforceability of any part hereof shall not affect the enforceability of the balance hereof.
8.3 These Terms and Conditions shall be governed and interpreted in accordance with the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.