By using this website you agree that you have read these terms and conditions and that you agree to them.
These terms and conditions and your use of this website are governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. If you do not agree to these terms and conditions you are not authorised to use this website.
Any information about our products and services provided on the website is for general information only, does not take account of any individual circumstances and may not reflect recent changes in the law. The information on the website refers only to the law of England and Wales and is intended only for residents of England and Wales. Users should be aware that laws and regulations may be different outside England and Wales.
Disclaimer & Exclusion of Liability
Although care is taken to ensure that the information on the website is accurate and up to date, we cannot accept any responsibility for mistakes or omissions. We enter into no express or implied conditions, warranties, terms or representations regarding the quality, accuracy or completeness of the information. We exclude to the extent lawfully permitted all liability for loss or damage, whether direct, indirect or consequential (including, without limitation, loss suffered as a result of breach of these terms which is not a foreseeable consequence of the breach, lost profits, lost opportunity, lost business, loss of goodwill, loss of contracts, increased overheads or administrative expenses or management time) arising out of your use of or inability to use this website, or from any information or omission contained in this website.
General Terms of Business
1 – Introduction
1.1 This document sets out the standard terms on which Entry Clearance Services Ltd accepts instructions and delivers services. Please read it together with your Client Care Letter.
1.2 In the event of any inconsistency between your Client Care Letter and the General Terms of Business, the Client Care Letter will prevail.
2 – Corporate Structure
2.1 Entry Clearance Services Ltd (also referred to as “we” and “us”) is an English limited company.
3 – Scope of our Services
3.1 Services we provide to you will be described in your Client Care Letter and may be varied by agreement during the course of any matter or during the course of the on-going engagement.
3.2 We will not be responsible for any failure to advise or comment on any matter that falls outside the scope of your instructions.
3.3 Advice given by us is provided for the purpose of the instructions to which it relates and for your benefit. It may not be used or relied on for any other purpose or by any person other than yourself or your affiliates.
3.4 A third party who is not a party to these Terms of Business has no right under the Contracts (Right of Third Parties) Act 1999 to enforce any of these terms, but this does not affect any right or remedy which exists or is available apart from that Act.
3.5 Nothing in these Terms of Business, and nothing in our statements or other materials provided to you, including your Client Care Letter, is to be construed as a promise or guarantee as to the outcome of any immigration matter.
4 – Your responsibilities
4.1 To ensure that we can carry out our services in a timely, effective and professional manner, we will require your full assistance and cooperation throughout the course of our engagement to provide services. This may include provision of accurate and complete information and documentation requested by us and the provision of timely instructions and responses to questions. Because it is important that we can contact you regarding our representation, you agree to provide us with pertinent changes to your contact information, including the location of your principal offices, correct legal entity name(s) for government applications, phone numbers and e-mail addresses.
4.2 Payment of any bill is required within 14 days of dispatch of the bill (please refer to clause 5.1.).
5 – Fee Charges and Expenses
5.1 The basis on which we will charge for our services is set out in your Client Care Letter.
5.2 Please note that all fees are quoted exclusive of VAT or other taxes applicable to certain jurisdictions and disbursement costs. Disbursement charges may include, but are not limited to, government filing fees, courier and special delivery postage fees, messenger fees, photocopying, long distance calls and translation/legalisation/notary fees.
5.3 VAT or other similar taxes, if applicable, is payable on certain disbursements and expenses.
5.4 We reserve the right to charge you for any losses, which we may incur on foreign currency, disbursements and expenses resulting in changes to the exchange rates between the date our bill is dispatched and the date of its payment.
5.6 You may require additional services from Entry Clearance Services Ltd either in relation to particular UK immigration matters or with regard to Global related immigration matters. We will discuss the estimated fees and provide details of the scope of these additional services at the appropriate time and to provide a written estimate of costs in advance of any work being undertaken.
5.7 Should any circumstances arise which require significant extra work, an additional fee may be incurred. Instances where an additional fee may be incurred include but are not limited to:
- Situations where family members apply for their visa separately from the main applicant;
- Where work is required urgently and/or an expedited request has to be made to the relevant authorities;
- Where health or character problems arise;
- Where the assignment of a contractor is involved;
- Complications that arise in relation to entry clearance or any other consulate based applications;
- Significant changes in policy, processes, practice or legislation.
5.8 We will discuss the matter with you in full prior to commencing any additional work and would provide a written estimate of costs in advance of undertaking the additional work required.
5.9 Where you cancel an instruction at any point following initiation of a matter, we will charge you a pro rata amount of the agreed fee based on the amount of work undertaken as of the date we receive your cancellation instructions.
5.10 We renew our charging rates at appropriate and regular intervals. We shall of course let you know of any changes that will affect you.
6 – Payments for Work Undertaken
6.1 Unless specifically agreed otherwise in your client care letter, all bills rendered are to be settled within 14 days of the date of dispatch of the invoice. If any element of a bill is queried in good faith, that part of the bill, which is not subject to query is to be paid by the due date. If you have queries on any bill, please raise them with the Entry Clearance Consultant dealing with your case or responsible for your account as soon as possible.
6.2 If you are instructed us a a private client, unless specifically agreed otherwise in your client care letter, our fees and disbursements must be paid up front.
6.3 We reserve the right to charge interest.
6.4 If any bill is not paid in full within 14 days of date of dispatch of the invoice, we reserve the right to charge interest on the outstanding amount at a rate of 4% above the base rate of Barclays Bank PLC. Interest will accrue from 14 days after the date of dispatch of the invoice until the date of payment.
6.5 If an account is overdue for payment, which we define as an amount that remains outstanding for more than 14 days after dispatch of the relevant bill we also reserve the right to suspend work and to retain documents and papers belonging to you, irrespective of the matters to which they relate, until all sums owed to us are paid.
6.6 We reserve the right at any time to apply any sums held on account against any outstanding amounts owed by you to us, whether or not the sums on account relate to any matter where there are outstanding amounts owed by you to us.
6.7 If you ask for a bill to be varied after issue and instructions differ from your original instruction we reserve the right to charge you an administrative fee of £75 + VAT per invoice.
6.8 If the laws of another jurisdiction require you to withhold or deduct from amounts owed to us in order to comply with tax or other requirements, we reserve the right to require you to pay an additional sum to ensure that we receive full payment of amounts billed.
7 – Payments on Account of Costs
7.1 We may ask you to provide funds to us in advance to cover all or part of our expected fee charges, disbursements or expenses, either at the start of the matter or as it progresses.
7.2 In these cases and/or in cases where you agree that we can raise our bill at the start of a matter, any such funds will be held by us in our general client bank account (held with a Major High Street Bank) until such time as we have paid a disbursement on your behalf and/or we complete the work we are instructed to assist with. Full details of the account are available on request.
7.3 Money held by us may be used by us to discharge unpaid billed costs, whether overdue or not, or on billed disbursements paid on your behalf.
7.4 Where we have asked you to pay an amount on account, you agree that we do not have to pay you interest on such sums held by us.
8 – Data Protection
8.1 Entry Clearance Services Ltd is bound by the requirements of the Data Protection Act 2018 and other applicable data protection laws and regulations. Information you provide us with during the course of our engagement will be kept confidential and released to third parties only as required to fulfill your instructions and adequately perform services to you, or as required by law.
8.2 You agree that we may obtain, use, process and disclose personal data to enable us to discharge the services under this engagement, and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance.
8.3 for ur full Data Protection Policy, please click here.