Migrate | UK - Immigration to UK and UK Relocation Specialists

STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES OF MIGRATE UK

1 Definitions

In this document the following words shall have the following meanings:

2 General

3 Fees and Payment

4 Customer's Obligations

5 Alterations To The Service Specification

6 Warranty

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

9 Termination

Either party may terminate this Agreement forthwith by notice in writing to the other if:

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

Check & Plan

Full Representation

Extensions

Location Where Services Are To Be Rendered: Castle Court, 41 London Road, Reigate, Surrey RH2 9RJ

Rates: Immigration - Fees for obtaining the following:

Notes

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

  1. 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.
  2. 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.
  3. 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.
  4. You must provide us with full and honest information about your cases, and as such supporting information as we may reasonably require.
  5. 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:

  1. 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:

  1. 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.
  2. 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.
  3. 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
    4. .
  4. The additional government fees payable with any Home Office application are non-refundable.
  5. The offer of a ‘no win, no fee’ service is at the discretion of Migrate UK.

Quality Standards

  1. 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;
  2. 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.
  3. 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.
  4. 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.
  5. 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:

    6. Office of the Immigration Services Commissioner
    Complaints Team
    5th Floor
    53 Tooley Street
    London
    SE1 2QN

    Or by email: info@oisc.gov.uk