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.
1.1 "hsmp-services.co.uk" or "HSMP
Services Limited" shall mean hsmp-services.co.uk, HSMP
Services Limited and affiliate, subsidiary, parent, holding or
associated company thereof and identified as such in any communication
or invoice to the Client as the context requires.
1.2 "The Client" shall mean the person, company
or entity engaging HSMP Services Limited or hsmp-services.co.uk
to provide consultancy services or make application to obtain
a Visa or work permit or entry clearance under these Terms &
Conditions on their own behalf or on behalf on in identified third
1.3 "The Agreement" shall mean the contracted
engagement by the Client for the services provided by HSMP Services
Limited (hsmp-services.co.uk) for the provision of consultancy
services leading to the approval of a visa application and subject
to these Terms and Conditions.
1.4 "Visa" or "work permit" shall mean
any form of entry to a particular Country. This includes work
permits, work visas, permanent immigration, highly skilled migration
and any other type of visa.
1.5 "The Fees" shall mean HSMP Services Limited's
professional fees to represent the Client in a visa application.
The details of the standard fees are included in the enclosed
schedule however the Director of HSMP Services Limited may amend
the same in writing, if required.
1.6 "Third Party" shall mean any individual person
or corporate entiry made party to the engagement of HSMP Services
Limited 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 contract upon being made party to the engagement
of HSMP Services Limited by the client.
1.7 "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, petition approvals, landing rights, 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.
- Services by HSMP Services Limited
2.1 HSMP Services Limited undertakes to use its best endeavours
to obtain a Visa or approval for the Client. Immediately upon
the Client's engagement of HSMP Services Limited to commence consultancy
services or make any application, the Client agrees to the terms
of this agreement and further the Client agrees and accepts that
HSMP Services Limited is under no obligation to commence or undertake
any work in respect of that service or application until such
requested initial information and/or data has been received and
passed as satisfactory by HSMP Services Limited. In the interests
of clarity, acceptance of these Terms and Conditions is required
only once from the Client and any subsequent communication by
the Client to HSMP Services Limited pertaining to any application
will be similarly binding upon the Client.
2.2 Subject to Clause 3, 4 and 5 hereof if HSMP Services
Limited is unable to obtain a Visa for the Client then HSMP Services
Limited shall refund any deposit paid to HSMP Services Limited
by the Client after adjusting the out of pocket expenses.
2.3 HSMP Services Limited is obtaining registration under
Level 1 with the OISC and if the client's case needs services
by an Immigration Advisor competent and registered under Level
2 or Level 3, HSMP Services Limited will refer the client to such
other advisor. The services provided will cover the initial visa
application or extension of existing visa but HSMP Services Limited
will not handle the appeal cases in respect of refusals of applications
since HSMP Services Limited is registered at Level 1 only.
2.4 HSMP Services Limited also offers relocation services
to the members of HSMP Community and those services are not related
to Immigration or Immigration Advice. These other services are
not a part of this agreement.
- Co-operating with HSMP-Services Limited
3.1 The Client undertakes - on instructing HSMP Services
Limited to apply for a Visa for himself or thereafter promptly
on receipt of any request from HSMP Services Limited - to provide
accurate and detailed information and documents regarding the
personal details, qualifications and work experience, the earnings,
the achievements and job offer (including, if applicable, a copy
of any contract between the Client and any third party pertaining
to such work) and any other information or documentation that
in its sole discretion HSMP Services Limited may deem necessary
in order to obtain a Visa for the Client.
3.2 The Client warrants that any information or documentation
provided to HSMP Services Limited pursuant to sub-clause 3.1 above
shall be true and accurate and further the Client hereby indemnifies
HSMP Services Limited for any loss or damage HSMP Services Limited
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 HSMP Services Limited arising from
the Client's breach hereof.
3.3 The Client warrants that, once HSMP Services Limited
is instructed in any case, that all representations to and contact
with the relevant authorities will be made via HSMP Services Limited
and that at no time will the Client, or any agent of theirs, contact
or make representations to any authorities with whom HSMP Services
Limited is dealing or with whom HSMP Services Limited is about
to deal, without the written consent of HSMP Services Limited.
4.1 The Client agrees to pay to HSMP Services Limited a
deposit of fifty percent of the fees at the same time as instructing
HSMP Services Limited to obtain the Visa or to start consultancy
4.2 The Client agrees to pay the balance of the fees due within 7 days of receipt, from HSMP Services Limited, of an invoice pertaining to same which invoice shall only be issued by HSMP Services Limited subsequent to submission of the application or notification of decision to HSMP Services Limited by the relevant authorities. Our full fees are payable on submission of application or on confirming to client to submit the application and our fees are not dependant on the outcome of the application- successful or otherwise.
4.3 Should the Client instruct HSMP Services Limited to
withdraw the Visa application subsequent to instructing HSMP Services
Limited to apply for same but prior to submission to the relevant
authorities of the application then sub-clause 2.2 hereof notwithstanding
HSMP Services Limited shall be entitled to retain any deposit
paid by the Client in respect of the application.
4.4 Should the Client instruct HSMP Services Limited to
withdraw the Visa application subsequent to submission to the
relevant authorities of the application then sub-clause 2.2 hereof
notwithstanding HSMP Services Limited 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 HSMP Services Limited'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 HSMP Services Limited 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 HSMP Services Limited in fee schedules
and generally in correspondence and in conversation, are exclusive
of disbursements; such disbursements are payable by the Client
in addition to HSMP Services Limited's fees.
- 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.
6.1 Save as specified in sub-clause 2.3 hereof HSMP Services
Limited shall not be liable to the Client for any loss or damage
whatsoever suffered by the Client as a result of a delay in HSMP
Services Limited obtaining a visa or failure to obtain any visa
6.2 The liability to HSMP Services Limited arising from
the negligence of any HSMP Services Limited employee or agent
of HSMP Services Limited shall be limited to any professional
fees already received by HSMP Services Limited.
7.1 In case of dissatisfaction about any of the services
provided by HSMP Services Limited, you may complain directly to
HSMP Services Limited, Unit 3 California Building, Deals Gateway,
London SE13 7SB and HSMP Services Limited will handle the same.
If your complaint is about an UK immigration related matter you
may also complain, at any time, to the Office of the Immigration
Services Commissioner, 5th Floor, 21 Bloomsbury Street, London WC1B 3HF.
You may contact OISC by Email: email@example.com or by Phone Enquiries: 0345 000 0046
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.
to OISC Registration Details
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HSMP Members say...
| I submitted
my application under the HSMP in mid January, 2004. After
four weeks I have not got a response. It is very frustrating
since the guidelines for the programme indicates that
most applications will be processed in one day. Through
the very efficient assisstance of HSMP support services,
I have made contact by telephone and was told that since
the revision of the programme they have experienced a
flood of applications, and as a result most applications
take approximately eight weeks for processing. On recieving
a positive response from the HSMP, I definitely intend
to regester with HSMP support services to take advantage
of the support services offered and to be part of the
HSMP community. I found the promt response from HSMP support
services very encouraging. I am a civil engineer from
the Island of St Lucia in the Caribbean look foward to
sharing my cultural and other experiences with others.