These terms and conditions, together with any schedules represent 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.
"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 or remain in the UK initially for one year under the UK Highly Skilled Migrant Programme, 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 or remain in the UK for a person under the Highly Skilled Migrant Programme, which would allow the Client to travel to the UK, and work initially for 12 months.
"The Fees" shall mean Workpermit.com's professional fees to represent the Client in a visa application. The fees under the Highly Skilled Migrant Programme shall be GBP 1,000 for an application made while the Client is outside the UK, and GBP 950 (including VAT) for an application made while the client is in the UK.
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 within 28 days of the initial refusal. This guarantee excludes Government fees.
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 naturalisation application this would come under a new agreement between the parties.
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, 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 is 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.
4.1 For persons applying from outside the UK Our professional fee is payable in three instalments. We would expect an initial deposit of GBP 300 on account as well as UK government fees of GBP 150. Upon submittal of your application, we require a second instalment of GBP 500. Upon approval of your application we require a final balance payment of GBP 200.
4.2 For persons applying from within the UK Our professional fees for your case will be GBP 950, inclusive of VAT. This is payable in two equal instalments of GBP 475. We would expect GBP 475 as a deposit as well as UK government fees of GBP 150 and GBP 475 once the application has been approved.
4.3 The Client agrees to pay the balance of the fees due 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.
4.4 Should you wish to withdraw your application for any reason, prior to submission to the relevant authorities, Workpermit.com will normally retain 50% (fifty percent) of your deposit, which will cover our administrative costs thus far as well as a "document check" fee. However, in some cases we will exercise our discretion in reserving the right to retain the full deposit if we deem that sufficient work has been done on your case. In all cases, we will refund the Home Office processing fee (GBP 150).
4.5 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 of the balance of Workpermit.com's fees in respect of the application.
4.6 In taking on your case on a non-win no-fee basis, Workpermit.com is relying on the representations that you have made about your qualifications, work experience, achievements, and earning power. If any of the claims you have made are inaccurate, or cannot be substantiated by documentation deemed acceptable to Workpermit.com, then the no-win no-fee warranty shall be waived. In the event of Workpermit.com notifying you that the documentation you have provided does not meet its standards, you have two choices:
A. You can withdraw the application, in which case you will be charged for the work done prior to withdrawal at the rate of 50% of the agreed application fee
B. You can elect to proceed with the application, in which case you will be charged 100% of the application fee quoted (any outstanding balance must be paid in full prior to submission) but the fee will not be refundable in any way should the application be refused.
4.7 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.
4.8 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.
5.1 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.
6.1 Save as specified in sub-clause 2.2 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.
7.1 You may complain directly to the Client Relations Department at Workpermit.com, 11 Bolt Court, London EC4A 3DQ. If your complaint is about any UK immigration related matter you may also complain to the Office of the Immigration Services Commissioner, 6th Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.
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 Workpermit.com is regulated by the Office of the Immigration Services Commissioner and as part of the annual audit procedures it is possible that they will wish to look at your case file. You should notify your contact at Workpermit.com if you object to your case file being shown to the Office of the Immigration Services Commissioner.
8.3 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.
We confirm that after receipt of this instruction letter, we will provide you with further details for your application under HSMP for entry to the UK.
In the meantime if you are in agreement with these terms and conditions, please sign and return one copy of this letter, and retain the other copy for your records. I look forward to assisting you further with your application.