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Terms & Conditions of Service - General

Terms & Conditions of Service - General

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
    1. "hsmp-services.co.uk" or "HSMP Immigration Services UK Ltd." shall mean hsmp-services.co.uk, HSMP Immigration Services UK Ltd. 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.
    2. "The Client" shall mean the person, company or entity engaging HSMP Immigration Services UK Ltd. 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 party.
    3. "The Agreement" shall mean the contracted engagement by the Client for the services provided by HSMP Immigration Services UK Ltd. (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.
    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.
    5. "The Fees" shall mean HSMP Immigration Services UK Ltd.'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 Immigration Services UK Ltd. may amend the same in writing, if required.
    6. "Third Party" shall mean any individual person or corporate entity made party to the engagement of HSMP Immigration Services UK 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 contract upon being made party to the engagement of HSMP Immigration Services UK Ltd. by the client.
    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.
  2. Services by HSMP Immigration Services UK Ltd.
    1. HSMP Immigration Services UK Ltd. undertakes to use its best endeavours to obtain a Visa or approval for the Client. Immediately upon the Client's engagement of HSMP Immigration Services UK Ltd. 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 Immigration Services UK Ltd. 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 Immigration Services UK Ltd. 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 Immigration Services UK Ltd. pertaining to any application will be similarly binding upon the Client.
    2. Subject to Clause 3, 4 and 5 hereof if HSMP Immigration Services UK Ltd. is unable to obtain a Visa for the Client then HSMP Immigration Services UK Ltd. shall refund any deposit paid to HSMP Immigration Services UK Ltd. by the Client after adjusting the out of pocket expenses.
    3. HSMP Immigration Services UK Ltd. 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 Immigration Services UK Ltd. will refer the client to such other advisor. The services provided will cover the initial visa application or extension of existing visa but HSMP Immigration Services UK Ltd. will not handle the appeal cases in respect of refusals of applications since HSMP Immigration Services UK Ltd. is registered at Level 1 only.
    4. HSMP Immigration Services UK Ltd. 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.
  3. Co-operating with HSMP Immigration Services UK Ltd.
    1. The Client undertakes - on instructing HSMP Immigration Services UK Ltd. to apply for a Visa for himself or thereafter promptly on receipt of any request from HSMP Immigration Services UK Ltd. - 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 Immigration Services UK Ltd. may deem necessary in order to obtain a Visa for the Client.
    2. The Client warrants that any information or documentation provided to HSMP Immigration Services UK Ltd. pursuant to sub-clause 3.1 above shall be true and accurate and further the Client hereby indemnifies HSMP Immigration Services UK Ltd. for any loss or damage HSMP Immigration Services UK Ltd. 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 Immigration Services UK Ltd. arising from the Client's breach hereof.
    3. The Client warrants that, once HSMP Immigration Services UK Ltd. is instructed in any case, that all representations to and contact with the relevant authorities will be made via HSMP Immigration Services UK Ltd. and that at no time will the Client, or any agent of theirs, contact or make representations to any authorities with whom HSMP Immigration Services UK Ltd. is dealing or with whom HSMP Immigration Services UK Ltd. is about to deal, without the written consent of HSMP Immigration Services UK Ltd..
  4. Payment
    1. The Client agrees to pay to HSMP Immigration Services UK Ltd. a deposit of fifty percent of the fees at the same time as instructing HSMP Immigration Services UK Ltd. to obtain the Visa or to start consultancy services.
    2. The Client agrees to pay the balance of the fees due within 7 days of receipt, from HSMP Immigration Services UK Ltd., of an invoice pertaining to same which invoice shall only be issued by HSMP Immigration Services UK Ltd. subsequent to submission of the application or notification of decision to HSMP Immigration Services UK Ltd. 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.
    3. Should the Client instruct HSMP Immigration Services UK Ltd. to withdraw the Visa application subsequent to instructing HSMP Immigration Services UK Ltd. to apply for same but prior to submission to the relevant authorities of the application then sub-clause 2.2 hereof notwithstanding HSMP Immigration Services UK Ltd. shall be entitled to retain any deposit paid by the Client in respect of the application.
    4. Should the Client instruct HSMP Immigration Services UK Ltd. to withdraw the Visa application subsequent to submission to the relevant authorities of the application then sub-clause 2.2 hereof notwithstanding HSMP Immigration Services UK Ltd. 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 Immigration Services UK Ltd.'s fees in respect of the application.
    5. In the event that sums due hereunder are not paid within three months of falling due HSMP Immigration Services UK Ltd. 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.
    6. All fees quoted by HSMP Immigration Services UK Ltd. 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 Immigration Services UK Ltd.'s fees.
  5. Termination & Suspension
    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.
    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.
    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
    1. Save as specified in sub-clause 2.3 hereof HSMP Immigration Services UK Ltd. 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 Immigration Services UK Ltd. obtaining a visa or failure to obtain any visa hereunder.
    2. The liability to HSMP Immigration Services UK Ltd. arising from the negligence of any HSMP Immigration Services UK Ltd. employee or agent of HSMP Immigration Services UK Ltd. shall be limited to any professional fees already received by HSMP Immigration Services UK Ltd..
  7. Complaints
    1. In case of dissatisfaction about any of the services provided by HSMP Immigration Services UK Ltd., you may complain directly to HSMP Immigration Services UK Ltd., Unit 3 California Building, Deals Gateway, London SE13 7SB and HSMP Immigration Services UK Ltd. 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 protected] or by Phone Enquiries: 0345 000 0046
  8. General
    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.
    2. The unenforceability of any part hereof shall not affect the enforceability of the balance hereof.
    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.

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