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Terms and conditions of business

These terms and conditions of business represent the agreement between the parties for non-exclusive engagement of the services offered by WM Immigration Ltd. No variation of these terms shall be made without mutual consent of both parties.

It is important that the Client reads and fully understands this document as it establishes the working relationship between the parties. The Client is encouraged at any time to seek clarification on any matter contained in this document, including but not limited to obtaining assistance in the translation of the document, by contacting WM Immigration Ltd.

Definitions:

1.    ‘ WM Immigration ‘ shall mean WM Immigration Ltd of website www.wmimmigration.com

2.    ‘ The Client ‘ shall mean the individual person or corporate entity that engages WM Immigration to provide consultancy services or make an application to obtain a work permit or visa either on their own behalf or on behalf of an identified third party subject to these terms of business.

3.    ‘ The Agreement ‘ shall mean the contracted engagement by the Client of the services offered by WM Immigration Ltd pertaining to the consultancy service, application and subsequent completion of a work permit or visa application subject to these terms and conditions.

4.    ‘ Work permit or Visa ‘ shall mean any official form of entry to the UK or any Country and includes but is not limited to work permits, entry clearance, visas, security clearance or extension of leave to remain that may be required from the relevant country’s authorities in order for the Client or Applicant to enter, undertake employment or in any way remain in the United Kingdom or any Country.

5.    ‘ Third Party ‘ shall mean any individual person or corporate entity made party to the engagement of WM Immigration 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 business upon being made party to the engagement of WM Immigration by the Client.

6.    ‘ Fees ‘ shall mean the professional fees of WM Immigration as detailed by staff and made available upon request or otherwise directly amended or detailed only by a director in writing or in person at any time for any service provided therein.

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.

8.    ‘ Engagement ‘ shall mean the request by the Client, on its own behalf or on behalf of any third party, made to WM Immigration Ltd to engage the services of WM Immigration Ltd as defined herein and subject to acceptance by the Client of these terms of business. Such acceptance shall be considered as so confirmed by any request, query or any other correspondence to WM Immigration Ltd from the Client, or any relevant third party detailed by The Client, pertaining to any particular service or Application following receipt, via any written or verbal medium, of these Terms of Business.

Engagement:

9.    Immediately upon the Client’s engagement of WM Immigration to commence consultancy services or to assess or make any application or report, the Client agrees to the terms of this agreement and further the Client agrees and accepts that WM Immigration 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 WM Immigration Ltd. WM Immigration Ltd will provide the required consultancy services and make best endeavours to obtain a work permit or visa for the Client where applicable. In the interests of clarity, acceptance of these Terms of Business is required only once from the Client and any subsequent communication by the Client to WM Immigration Ltd pertaining to any application will be similarly binding upon the Client.

10.    The client agrees, upon engagement of WM Immigration Ltd, to provide any and all documentation and any other data as may be requested by WM Immigration Ltd from time to time including but not limited to accounting, payroll, incorporation, Inland Revenue, HM Customs, contract, invoicing, lease, mortgage and other trading data if applicable for the purposes of performing its consultancy service and/or making an Application and to make any third party aware of its similar obligations to do so.

11.    The Client agrees that any information or documentation provided to WM Immigration Ltd pursuant to Clause 10 above shall be true and accurate and if any claims made by the Client are inaccurate or cannot be substantiated by relevant documentation deemed acceptable to WM Immigration Ltd then WM Immigration Ltd will provide options to the Client on how to proceed pursuant to these terms of business. Further the Client hereby indemnifies WM Immigration Ltd for any loss or damage WM Immigration Ltd may suffer directly or indirectly as a result of the Client’s breach of this Clause 10 such loss or damage including but not being limited to the legal costs of defending any civil claim or criminal penalty against WM Immigration Ltd arising from the Client’s breach hereof.

12.    The Client and any Third parties identified or not identified by the Client agree, upon engagement of WM Immigration Ltd application services, which may or may not be part of its consultancy services, that all representations to and contact with the relevant authorities shall be made solely through WM Immigration Ltd and that at no time shall the Client or any Third Party contact or make representation to any authorities with whom WM Immigration Ltd is dealing or with whom WM Immigration Ltd is about to deal.

13(i)    The Client accepts that WM Immigration Ltd charges fees for its services. Such fees are normally based upon its fixed fee scale, which varies but which will have been clearly identified to the Client.

13(ii)    Consequently, with particular regard to any discounted, staged-payment or flat-rated application-specific fee options offered to the Client, should the Client withdraw or instruct WM Immigration Ltd to withdraw or fail to make payment within a contracted time scale or in any way breach these terms of business in respect of any such service or application prior to the completion of such service or application, fees will be due from the Client to WM Immigration Ltd for the amount of work done up until that notification of withdrawal, which will be accepted immediately and subject to paragraph 13(iv).

13(iii)    For the absence of any doubt, relevant billable time in this instance shall not include WM Immigration Ltd providing a response to any client complaint, providing the client with a balance of their financial account with WM Immigration Ltd, providing the client with copies of any paperwork from the relevant Government body concerning the Client’s application or providing the client with a written justification of the actions taken by WM Immigration Ltd with regard to the client’s application.

13(iv)    Any time or work undertaken to pursue or retrieve any fees due to WM Immigration Ltd or to engage in any matter instructed by the client not listed in 13(iii) shall represent billable time based upon WM Immigration Ltd’s hourly rate and subject to this Clause 13. Such fees shall not exceed the total flat-rated application specific fee, shall be determined solely by WM Immigration Ltd and for hourly-rated consultancy services shall equal the balance of the Clients account upon receipt of such instructions or until the client’s payment of any outstanding fees to WM Immigration Ltd, whichever is the later.

14.    WM Immigration Ltd may at any time request original documentation from the Client and hold lien over any and all such documentation without exception should the Client default on payment, such default to mean that the required payment has not been received in cleared funds or entered the WM Immigration Ltd bank accounts by midnight on the date identified by WM Immigration Ltd to the Client, until such time as full payment is received by WM Immigration Ltd. In the interests of clarity, should the Client require any travel documents for any reason during any case the Client shall notify WM Immigration Ltd of the exact reason for travel and WM Immigration Ltd may at its sole discretion request documented proof of such travel and may at its sole discretion return such travel documents to the Client on a temporary basis or until such time as WM Immigration Ltd’s full case fees are paid by the Client.

15.    It is accepted by the Client that upon engagement WM Immigration Ltd shall have already delivered services in whole or in part to the Client, and in particular where detailed phone assessments have been conducted and consequently there shall be no standard ‘cooling off’ period or cancellation of services at this point such condition to have been made clear to the Client in prior communications from WM Immigration Ltd including but not limited to delivery of these terms of business. At no time shall the Client hold legitimate claim against WM Immigration Ltd under the conditions in this clause 14.

16.    The Client accepts that if The Client fails to communicate in writing with WM Immigration Ltd with regard to the active progress of any Client’s case(s), such active progress to be defined as the honest and accurate provision by the Client of relevant requested documentation and/or responses to specific queries, for any period in excess of 30 days at any time without good reason, the viability of such reason to be at the sole discretion of WM Immigration Ltd but at all times fair, a default process will be activated by WM Immigration Ltd, which will request such active progress from the Client within a defined period without which the Client shall be considered in default and therefore in breach of these terms of business. At such a time any outstanding case fees will be payable to WM Immigration Ltd within 7 days by the Client. In the interests of clarity, it is the desire and intention of WM Immigration Ltd at all times to complete the Client’s case successfully.

17.    The Client accepts that where WM Immigration Ltd offers any terms of deferred payment or payment in abeyance, these offers are subject to the Client following the advice and due processes of WM Immigration Ltd. The Client is at any time within his/her rights to instruct WM Immigration Ltd to proceed with a relevant case against the advice of WM Immigration Ltd, provided that this instruction is not in any way detrimental to the business or good name of WM Immigration Ltd such to be defined and confirmed solely by WM Immigration Ltd. Should the Client so instruct WM Immigration Ltd subject to this paragraph 17, any terms of deferred payment or payment in abeyance shall be removed by WM Immigration Ltd and settled in full by the Client prior to any further action being taken on the relevant case by WM Immigration Ltd.

Fees and Payment

18.    While we at WM Immigration will normally give free advice and evaluations in many cases, this is at our absolute discretion, and this service may be withdrawn at any time and for any reason. Free Immigration advice will not be available by phone. Where we do give free advice by e-mail, we will normally respond quickly to your queries. However, this will not always be possible. Free advice by email will be considered as one email response per person that takes up no more than 10 minutes of the adviser’s time and email responses will not be guaranteed to be able to give any detailed or in-depth advice on your case. Please make positive use of our free advice when contacting WM Immigration.

By taking advantage of any of WM Immigration Ltd’s free advice services the Client is accepting that this is the case. WM Immigration Ltd makes no representation and accepts no liability as to the current validity of such advice where such is reliant on third party information such as government information. On no occasion shall WM Immigration Ltd’s application services be construed as free or obligatory and on no occasion shall WM Immigration Ltd’s consultancy services be offered or construed as free or obligatory.

19.    Payment and method of payment of Company’s fees and any other relevant remuneration under this agreement shall survive the termination of this agreement.

20.    The Client agrees to pay to WM Immigration Ltd, both via initial engagement deposit fees and/or ongoing or balance fees, such fees as are detailed to the Client either based upon the detailed consultancy service rates or upon successful obtaining of a work permit or visa by WM Immigration Ltd or by any other party subject to the relevant clauses herein or upon withdrawal of any application by the Client or Third party subject to the relevant clauses herein and where relevant to pay a deposit as stated by WM Immigration Ltd which may amount to the entire fee and is at the sole discretion of WM Immigration Ltd.

21.    The Client agrees to pay any balance sum or statement of account of any fees due by return as indicated on such invoices but in any case within 7 days of receipt from WM Immigration Ltd of an invoice pertaining to the relevant case[s] and WM Immigration Ltd shall be within it’s rights as consultant for or representative of the Client’s and/or Third Party’s Application to withhold any data at it’s sole discretion pending receipt of such payment.

22.    Any cancellation, delay or other default of any such payment shall incur interest at the rate of 5% above the base rate of Barclays Bank plc.

23.    As and when any relevant Government authorities or other bodies amend their fees or charges, WM Immigration Ltd reserves the right to in turn amend such charges to the Client irrespective of any quotes undertaken by WM Immigration Ltd prior to or upon engagement by the Client. Such charges are in addition to fees and charges stated herein.

24.    From time to time, discounts may be offered including but not limited to repeat business and other quoted volume or discountable services or applications. In no way does any discount qualify or guarantee the Client future or indefinite discounts save for the terms of this agreement. Quoted discounts shall be honoured by WM Immigration Ltd only once written agreement has been received and both engagement and ongoing or balance fees are paid by the Client as detailed herein. Discounts are reliant on the presence and integrity of the relevant data as required by WM Immigration Ltd. WM Immigration Ltd reserve the right to refuse discounts on the grounds of inaccurate or insufficient application or evidence data.

25.    The Client undertakes not to withhold any payment due to WM Immigration Ltd arising out of any service or application hereunder on any grounds, including the existence of any dispute between the Client and WM Immigration Ltd or any other party regarding an application or any other matter.

Warranty

26.    The Client fully understands that WM Immigration Ltd is not the decision maker in any application process and consequently, although WM Immigration Ltd does warrant its own performance under these terms, shall not be held responsible, nor can it warrant guarantee, for decisions made by such relevant decision makers. Should any application be unsuccessful, WM Immigration Ltd shall, where such decisions are considered by WM Immigration Ltd to be disputable, make representation to the appropriate decision makers for review should the Client wish it .

Liability

27.    WM Immigration Ltd recognises the Client’s statutory rights. WM Immigration Ltd shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application or arising from any third party action.

28.    In any event WM Immigration Ltd’s liability shall be limited to the amount of our Fees received by WM Immigration Ltd in respect of any individual application from which such liability may arise.

29.    WM Immigration Ltd shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of WM Immigration Ltd being unable to fulfil any of it’s obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure (including failures resulting from the changing of the date to 1st January 2000), failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.

General

30.    It is accepted by the Client that, where there is any third party involvement outside the control of WM Immigration Ltd, such as any Government or regulatory body, the performance in time of WM Immigration Ltd’s obligations hereunder may in turn be affected by that third party’s timekeeping. In the interests of clarity this means that WM Immigration Ltd will make best endeavours to perform its obligations in a timely manner but cannot be held responsible for any delays caused or time taken by third parties.

31.    Additional services available and which you can call to find out about

32.    The Client here warrants that any engagement duly authorised as detailed herein by individuals employed by the Client shall be considered legitimately so and fully empowered by their respective companies. At no time shall this agreement be disputed on the grounds that such individuals are not or should not be seen to be authorised by their respective companies to do so.

33.    This agreement shall terminate immediately upon any material breach of its terms without remedy within 14 days by WM Immigration Ltd or the Client or any third party. The provisions of this Agreement concerning remuneration and limitations of liability shall survive its termination.

34.    Any notices to be served hereunder may be served upon WM Immigration Ltd at 102-116 Windmill Road, Croydon CR0 2XQ, and any notices to be served upon The Client or any third party may be served upon those parties at the last address notified by them to WM Immigration Ltd as being their places of business or address for service, service being deemed to have been effected 7 days after posting by inland post, 14 days after posting from outside the United Kingdom, or 2 days after transmission by facsimile or email.

35.    Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of WM Immigration Ltd.

36.    The unenforceable part hereof shall not affect the enforceability of the balance hereof.

37.    These terms and conditions are governed by the laws of England & Wales and the forum for the resolution of any disputes arising howsoever here from shall be the High Court of Justice, London, England.

Same Day Applications

1. Our fees to represent through same day premium are £800 total (this includes all taxes) for the main applicant and £100 for each additional dependant. Our fees also include a review of your documents and help with application forms.

2. Our appointments are booked through the Legal rep system and one of our legal reps must attend with you. The UKBA will not permit entry to the PEO if you attend without one of our reps.

3. EEA and EU applications are not accepted through Legal rep same day service. Complicated applications are also not accepted through the legal reps same day service.

4. Appointments need to be booked at least 6 weeks in advance. If you require an appointment before this we will be unable to help. You must give as much notice as possible.

5. To accelerate the booking process, please provide the following information: a) Full name and date of birth of each applicant, b) Date range you can apply, c) Your visa expiry date, d) Type of application you are making. e) Your nationality. At times our staff are not available due to representing clients at various PEOs throughout the UK. By providing the requested information we can submit your request to the PEO when we are available.

6. Most of our correspondence is through email. When we confirm an appointment we will then send you the final document list through and you will be required to provide a scanned copy of your documents for review. Payments can be made on the day of the appointment and no upfront payment is required by WM Immigration.

7. There is a cancellation charge of £250 for cancellation of an appointment outside the 2 week period before an appointment date. If you cancel within 2 weeks of the appointment date, full payment will be due. By supplying your details to book an appointment you agree and understand these terms.

8. Documents and forms will not be reviewed until 28 days before the application date. This is to avoid unnecessary reviews when rules and forms can change regularly. We advise you to collect the documents from the list we provide and send them for review in the requested time.

If you are still interested in using our services for same day representation please respond by email and a representative will contact you when available.

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