STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES OF MIGRATE UK
1 Definitions
In this document the following words shall have the following meanings:
- 1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Service Specification;
- 1.2 “Customer” means the organisation or person who purchases services from the Supplier;
- 1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
- 1.4 “Service Specification” means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
- 1.5 “Supplier” means Migrate UK, Castle Court, 41 London Road, Reigate, Surrey RH2 9RJ
2 General
- 2.1 These Terms and Conditions shall apply to all contracts for the supply of services by the Supplier to the Customer.
- 2.2 Before the commencement of the services the Supplier shall submit to the Customer a Service Specification which shall specify the services to be performed and the fees payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Service Specification. All Service Specifications shall be subject to these Terms and Conditions.
- 2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames as dictated by the Home Office but time shall not be of the essence in the performance of any services.
3 Fees and Payment
- 3.1 The fees for the performance of the services are as set out in the Service Specification.
4 Customer's Obligations
- 4.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
- 4.1.1 co-operate with the Supplier;
- 4.1.2 provide the Supplier with any information reasonably required by the Supplier;
- 4.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
- 4.1.4 comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.
- 4.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 4.1.
- 4.3 Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Service Specification, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days’ written notice the full amount of the services contracted for as set out in the Service Specification, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
- 4.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:
- 4.4.1 the Supplier shall have no liability in respect of any delay to the completion of any project;
- 4.4.2 if applicable, the timetable for the project will be modified accordingly;
- 4.4.3 the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.
5 Alterations To The Service Specification
- 5.1 The parties may at any time mutually agree upon and execute new Service Specifications. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
- 5.2 The Customer may at any time request alterations to the Service Specification by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties
- 5.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.
- 5.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Service Specification shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.
6 Warranty
- 6.1 The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
- 6.2 Without prejudice to Clause 6.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by the Supplier.
7 Indemnification
The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any services provided by the Supplier in accordance with the Service Specification infringes a patent, copyright or trade secret or other similar right of a third party.
8 Limitation Of Liability
- 8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.
- 8.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
- 8.3 Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.
9 Termination
Either party may terminate this Agreement forthwith by notice in writing to the other if:
- 9.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
- 9.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
- 9.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
- 9.4 the other party ceases to carry on its business or substantially the whole of its business; or
- 9.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10 Intellectual Property Rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
11 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
12 Independent Contractors
The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement.
13 Assignment
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
14 Severability
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
15 Waiver
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
16 Notices
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
17 Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
18 No Third Parties
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19 Governing Law And Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
SERVICE SPECIFICATION
Name of Supplier: Migrate UK Ltd
Business Address Of Supplier: Castle Court, 41 London Road, Reigate, Surrey RH2 9RJ
Registered Company Address Of Supplier: 1 Beauchamp Court, Victors Way, Barnet, Herts, EN5 5TZ
Description And Scope Of Services: UK Highly Skilled Migrant Programme (HSMP) services as follows:
Assessment
- Email requesting specific information & documentation so accurate assessment can be made
- Full personal assessment from OISC qualified practitioner with 10+ year’s experience.
- Recommendations on other suitable immigration categories should HSMP not be applicable
Check & Plan
- Checking your application form and accompanying documents and recommending changes to the information and format to be provided to the Home Office. This is unique to your application.
- Advice on application procedure
- Provision of a personalised checklist of information to be sent with application to Home Office
- Advisory steps for family members
- Visa application / Further Leave to Remain advisory once HSMP application has been approved
Full Representation
- Email requesting specific information & documentation so accurate assessment can be made
- Full personal assessment from OISC qualified practitioner with 10+ year’s experience.
- Provision of a personalised checklist of information required to enable Migrate UK to plan and complete your application.
- Provision of documentation templates specifically designed with your application in mind
- Completion of HSMP application form and justifications. Whole process overseen by Director level practitioner with 10+ year’s experience.
- Unlimited advisory (personal Q&A) on whole HSMP process including family members
- Submission of HSMP application & accompanying documentation to Home Office
- Answer further Home Office enquires (if applicable)
- Submit urgent treatment form (should this be applicable)
- Chase for progress and feedback any progressive news
- For those ‘in-country’ completion and submission of FLR(HSMP) application form and accompanying documents. (subject to qualification). For ‘out of country’ applications, advice on visa procedure for applicant and family members.
- Guidance and planning for future HSMP extension application
Extensions
- Provision of a personalised checklist of information required to enable Migrate UK to plan and complete your application.
- Provision of documentation templates specifically designed with your application in mind
- Completion of HSMP Extension application form and justifications. Whole process overseen by Director level practitioner with 10+ year’s experience.
- Unlimited advisory (personal Q&A) on whole HSMP Extension process including family members
- Submission of HSMP Extension application & accompanying documentation to Home Office
- Answer further Home Office enquires (if applicable)
- Submit urgent treatment form (should this be applicable)
- Chase for progress and feedback any progressive news
Location Where Services Are To Be Rendered: Castle Court, 41 London Road, Reigate, Surrey RH2 9RJ
Rates: Immigration - Fees for obtaining the following:
- HSMP Assessment £40.00
- HSMP Check & Plan £225.00
- HSMP Full Representation £750.00
- HSMP Extension £550.00
Notes
- the above fees do not include the Home Office / Embassy charges;
- VAT needs to be added as applicable
INVOICING:
For all three services, an invoice and receipt will be provided but payments must be made on-line.
For Assessment and Check & Plan services, the full payment is required before the service can be provided.
For Full Representation & Extension services, a deposit of £350 (plus VAT as appropriate) will be required before the application process can be initiated. Once the Home Office have approved the HSMP / Extension application and Migrate UK have received the approval letter, an invoice will be generated requesting the outstanding payment of £400 for HSMP applications or £250 for Extension applications (plus VAT as appropriate). The approval letter will be dispatched along with all other original documentation on payment of the final fee.
Where a customer pays for an Assessment service and subsequently chooses and pays for an HSMP Full Representation or Extension service, the Assessment service fee will be reimbursed.
HOME OFFICE FEES
For Full Representation applications, when the application is ready to be submitted to the Home Office, the customer will need to pay the Home office fee of £400. This can be by cheque or credit / debit card. For HSMP Extension applications, the Home office charge £350.
Additionally, for HSMP applications where the applicant is currently in the UK (and able to change their status) they will need to pay a Home Office charge of £350 to have their passport endorsed with a residence permit. This charge covers all family members as long as their passports and associated documents are submitted at the same time. This can be paid by cheque or credit / debit card.
ADDITIONAL/SPECIAL TERMS
All Migrate UK HSMP services
- If you require advice or other services that we are not qualified to provide, we will explain the reasons and will refer you to another organisation. If this advice comprises specialist immigration advice, you will be referred to the OISC website. Similarly, in the unlikely event that we withdraw from your application or request, we will give an explanation and, wherever possible, an indication of alternative courses of action that could be available to you.
- Confidentiality will be maintained at all times. Except as necessary to progress your immigration application through the designated government authority, we will not pass your details to any third parties without your permission.
- Once the Terms and Conditions for supply of services has been signed, and we commence work on your behalf, you may request access to your cases files and working papers at any time. Files or working papers will be retained for 6 years following the completion of the services or termination of the services contract.
- You must provide us with full and honest information about your cases, and as such supporting information as we may reasonably require.
- Business hours are 9.00am - 5.30pm GMT Monday - Friday excluding Bank Holidays.
HSMP Assessment and Check & Plan Services
In addition to the above special terms:
- Provison of advisory with regards to the Assessment and Check & Plan services is purely based on the information provided by yourself and Migrate UK hold no responsibility for the outcome of an HSMP application submitted to the Home Office by yourself.
HSMP Full Representation & Extension Services
In addition to the above special terms:
- Once an HSMP or Extension application is submitted to a UK Home Office department, we will give regular updates as to the progress of the application once we receive the same, or at least every 6 weeks (whichever the sooner), and will notify you of the outcome of the application / as soon as we receive it.
- If, for any reason, your matter does not proceed to successful completion we will be entitled to keep the first payment of £350 (+ VAT as appropriate), but no further fee will be levied.
- When approval has been received from the relevant authority (Home Office in the case of UK immigration applications), the agreed fees will be payable even if you decide not to use the approval
.
- The additional government fees payable with any Home Office application are non-refundable.
- The offer of a ‘no win, no fee’ service is at the discretion of Migrate UK.
Quality Standards
- The Immigration and Asylum Act 1999 (Part V) and Immigration and Asylum Act 2002 makes provision for the regulation of immigration advice and services. Accordingly, the Immigration Services Commissioner has established Rules, and a Code of Practice, for the guidance of service providers;
- Migrate UK Limited is registered with the Office of the Immigration Services Commissioner (OISC), in respect of the immigration services we will provide to you.
- Your case file may be reviewed by the OISC in order to judge the competence of the advice given. The OISC are bound by strict regulations that prevent them from passing on this information. If you have any objection to this please let us know in writing and enclose along with the signed declaration.
- If you have a complaint in relation to any aspect of our services you should raise it with Jonathan Beech who will be overseeing your case. We are very keen to resolve any complaints to your satisfaction.
- If we are unable to resolve a complaint, or you do not wish to refer it to us, you may make your complaint direct to the Immigration Services Commissioner at the following address:
Office of the Immigration Services Commissioner
Complaints Team
5th Floor
53 Tooley Street
London
SE1 2QN
Or by email: info@oisc.gov.uk