Vertex-UK Ltd

Terms and Conditions (Substantial and Revocable)

Vertex-UK Ltd is a Private Limited Company registered in England & Wales with company number 12085483.

Definitions

1.1. “we/us/our/company” refers to [Vertex-UK Ltd].

1.2. “Client” or “you/your” refers to the individual or entity engaging the services of Vertex-UK Ltd.

1.3. “Services” refers to global immigration and business consultancy services provided by Vertex-UK Ltd.

1.4. “Contract” means a contract, subject to these General Terms and Conditions, for the provision of the Service(s) between you and us

1.5. “User” means any member of the public accessing our Website via the Internet or by any other means.

1.6. “VAT” value-added tax chargeable under the Value Added Tax Act 1994.

Assignation of Services

2.1. You agree to be bound by these Terms and Conditions by engaging our services.

2.2. We will provide the Services outlined in, subject to any modifications agreed upon in writing.

2.3. Please note that your contract is with Vertex-UK Ltd, and any work done for you by a director, immigration lawyer, consultant, or employee of the company is given or done by that individual on behalf of the company. No such individual will owe a personal duty of care to you. Unless instructed to the contrary, we shall be entitled to assume that any of your directors, employees, partners, consultants, agents, or professional representatives who give us instructions are authorised to do so and that we may act upon such instructions.

2.4. The contract is governed by and construed in accordance with English law. Any disputes or claims arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

2.5. Unless otherwise agreed or our contract is for a fixed fee, we shall charge you for work carried out as follows:

(a) time spent – we charge hourly rates for any time spent dealing with your work. Rates depend on the level of expertise required for such work.

(b) routine letters, emails, and telephone calls – each routine letter, email, and telephone call is charged as a unit of one-tenth of the hourly rate. Letters, emails, and telephone calls that take longer than five minutes are charged on a time-spent basis.

(c) disbursements – Our fees do not include any charges you will incur such as the Visa application fees, special delivery postage costs, courier etc. We will advise you of the costs and when they must be paid.

(d) expenses – we charge travel and subsistence costs, transaction fees (including bank fees), postal fees, external copying and document production, and other similar expenses, necessarily incurred by us, at cost or appropriate standard rates. We also charge for internal document production and copying at our current rates which will be provided on request; and

At the outset of the matter, we provide an estimate of our costs, based on the confirmed instructions, and these estimated costs are then entered into our formal client care letter, which we send to you.

Changes to Service

3.1. We reserve the right to improve, amend or suspend the service provided on the website at any time without notice to you.

3.2. The information may be changed or updated without notice and any queries relating to the information including queries as to its most amendment or update and accuracy should be addressed to enquiries@vertexuk.co

Fees and Payment

4.1. Initial consultation is chargeable at £250 for a maximum of 45 minutes. This consultation fee is non-refundable. However, if following the consultations, we receive and accept your instructions, it is at our discretion to adjust the consultation fee already paid in our professional fee for your subsequent legal/consultancy work. This applies to any reduced consultation fee that we may have agreed with you.

4.2. Any estimates of fees are not intended to be fixed or binding.

4.3. Our quoted professional fee shall remain open to you for acceptance for a period of 14 (fourteen) days from the date of the quoted professional fee unless the Contract specifies some other period, or we withdraw the quoted professional fee for any reason.

4.4. Fees for our Services will be outlined in the contract. Payment terms will be specified therein.

4.5. As soon as the initial payment is received, the client is deemed to have engaged in the service with us. Our service is our professional advice and expertise. Once the service has been engaged it cannot be returned, whether the client has changed his/her mind or no longer wishes to utilise it.

4.6. Fees paid to us are non-refundable should you withdraw a visa application that you have kept on hold for a period longer than 6 months, even if that application might have never been submitted to the Immigration Authorities.

4.7. Although, primarily, our fees are fixed, they may be adjusted by reference to certain factors such as value, urgency (including any need to carry out work outside our normal office hours), and the level of expertise involved.

4.8. Where our terms of Assignation are for an agreed fixed fee and charged in advance of work undertaken, any work we carry out outside our normal office hours will be charged at a flat hourly rate of £200.

4.9. Invoices are due and payable within the period specified in the contract from the date of the invoice.

4.10. Late payments may be subject to interest charges in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

4.11. We reserve the right to suspend or terminate work for you:

(a) if any invoice is not paid, in whole or part, when due; or

(b) if a payment on account is not made when requested; or

(c) if we consider that we are professionally or otherwise obliged to do so.

(d) If our duty towards the law is being compromised due to your actions.

4.12. Our contract with you, in respect of any Assignation, shall not be treated as a whole contract. If we:

(a) suspend or terminate the Assignation; or

(b) The Assignation becomes futile.

4.13. We will invoice you for work carried out up to the date of suspension, termination, or when that Assignation becomes futile. We reserve the right to charge you for any work required to be undertaken because of suspension or termination (including removing our name from the relevant authorities’ records, if appropriate). Any such invoice shall be payable immediately.

4.14. In all Service Countries, our fee includes VAT @ 20% where applicable.

Anti-money laundering (AML) Obligations

5.1. It is required by the law to obtain satisfactory evidence of the identity of clients and information concerning the source of client funds. If you are requested to do so you must provide us with documents to verify your identity and must provide details concerning the source of your funds. If we are not given satisfactory information at the appropriate time, we will be obliged to terminate the contract.

5.2. To ensure that we comply with money laundering legislation, we may validate your name, address, and other personal information supplied by you against appropriate third-party databases. By accepting these terms and conditions, you consent to such checks being made. In performing these checks, the personal information you provide may be disclosed to a registered CRA (credit reference agency) which may keep a record of that information. This is done only to confirm your identity. A credit check is not performed, and your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

5.3. If you are unable to come in to see us so that we can check your identity document, we can accept copies. However, those copies will need to be certified by a trusted third party such as a solicitor, chartered accountant, or doctor. They should write “This is a true copy of the original and true likeness of the person”, on the copy document(s), and then sign and date them. They should include their name, occupation, and contact details. Alternatively, you may be able to use an identity-checking service offered by the Post Office. The Post Office will be able to tell you the procedure and cost involved.

Confidentiality

6.1. We will treat all information you provide as confidential and will not disclose it to third parties without your consent, except as required by law. For instance, legislation on money laundering and terrorist financing has placed lawyers under a legal duty in certain circumstances to disclose information to the National Crime Agency. Where any member of our staff knows or suspects that a transaction, on behalf of a client, involves money laundering the staff member may be required to make a money laundering disclosure. If this happens, we may be prohibited from informing you that a disclosure has been made or of the reasons for it.

6.2. You agree that we will not be liable for any costs, claims, penalties, damages, or other losses incurred by you resulting from or in connection with our compliance with these professional and legal obligations.

6.3. We owe you a duty of confidentiality but may be required to make exceptional disclosure as required by statute, regulation, relevant authorities or as set out below.

6.4. We may hold confidential information about a former, current, or prospective client which might reasonably be expected to be material to an Assignation. In those circumstances, we owe you no duty to disclose such information to you.

6.5. Where we hold confidential information about you, we shall not be precluded from acting or continuing to act for another client or prospective client where that information might reasonably be expected to be material to it, and it has an adverse interest to you if it is reasonable for us to act. In those circumstances, all proper steps will be taken to ensure that confidential information about you is safeguarded, protected, and not disclosed including, if appropriate, by the establishment of internal information barriers, in accordance with professional regulations.

6.6. You agree that we may disclose our files to regulatory bodies or other bodies working with us, as appropriate, in the exercise of their powers or to carry out work for you.

6.7. If we are required, for any reason (whether during an Assignation or after it has terminated), under duress to disclose documents or to give information, orally or in writing, relating to a matter or your affairs pursuant to a court order, notice or demand served by an entity or person with the authority to compel such disclosure, then we shall comply. If any documents or information are subject to legal professional privilege, then, if possible, we will let you know and advise you of the opportunity to claim privilege. Unless you confirm any claim to privilege, we reserve the right to treat it as waived.

6.8. You agree to keep confidential any information we provide to you in the course of our Services.

6.9 We are obliged to keep records relating to your identity and a record of transactions relating to you for at least six years.

Conflict of Interest

7.1. We will identify any conflicts of interest that may arise during our Assignation and will take appropriate steps to address them.

Cancellation

8.1. You can cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you receive our contract. In any event, the initial consultation fee will not be refunded.

8.2. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement sent by e-mail only.

8.3. If you cancel this contract:

(a) and you had requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until receipt of the cancellation of your contract. This will be calculated on an hourly rate basis, even if the original contract was for an agreed fixed fee. Our minimum costs, including any administrative costs, would be £750 Plus the VAT which will be deducted from payment on account made in lieu of the instructed work.

If the money we hold is less than £750 Plus the VAT, we reserve our right to recover the balance payment from you.

(b)We will issue a refund of any payment due after the deduction of our minimum costs, without an undue delay and not later than 30 days after the day on which we are informed about your decision to cancel your contract.

Force Majeure

9.1. Vertex-UK Ltd shall bear no liability for loss, damage, prevention, or delay in performing its contractual obligations and whatsoever that arises from circumstances beyond its control and will not be in breach of contract because of the delay/non-performance.

Termination

10.1. Either party may terminate the Assignation in writing with 30 days’ notice.

10.2. Upon termination, all outstanding fees and expenses must be settled.

Warranties and Liability

11.1. Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include imprecisions or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or comprehensiveness of the content. We make no warranty that:

(a) this website will be available on an uninterrupted, timely, secure, or error-free basis.

(b) this website or the content available on the website will meet your requirements.

11.2. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter in which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our company website.

11.3. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to procure such services or use the website. Such limit will apply in the aggregate to all your claims, actions and causes of action of every kind and nature.

11.4. We will not be liable for any indirect or consequential loss or damage.

Immigration Advice

12.1. We always lodge a visa application in the applicants’ best interest. We are a private company and we do not have the authority to grant a visa of any kind. We cannot guarantee a positive result on a visa application or any assessment or review in arriving at the outcome, which is part of the visa process. The final decision on all applications is made by the relevant authorities responsible for issuing that result. We are not responsible for conclusions made by the immigration authorities.

12.2. Immigration laws and policies are subject to change. We will not be liable for changes in immigration laws and regulations that affect your case.

12.3. We bear no responsibility for costs acquired by an applicant or their dependants while waiting for a visa to be finalised by the visa-issuing authorities. These costs may include but are not limited to the cost of travel, accommodation rent, loss of earnings or any other expenses. We are not liable for any expenses arising from any action or inaction of any immigration authority, embassy or government body associated with the visa process or indeed for the non-provision of service from any third party associated with the visa process or visa delivery, which may result in a visa application or any part in the visa application process being delayed or refused as a result.

12.4. The immigration authorities have the sole determination on the term and duration of a visa that they grant. This duration may be less than the term expected or requested by the client. Similarly, the immigration authorities have the sole determination on the activation date that they place on a granted visa. This date may be prior to the date expected or requested by the client. We are not responsible for the term or length of any visa issued or the activation date placed on a visa by an immigration authority. We have no control or authority to change this term or date.

12.5. We cannot submit a visa application until it has complete documentation as outlined in the required documents checklist and any subsequent documentation requested by us from the main applicant and their dependants.

12.6. We cannot be held responsible for any expense and/or delay arising from incomplete application forms, inaccurate/false or incomplete information or inaccurate/false or incomplete supporting documentation provided by the client.

12.7. Certain documentation required for a visa application may be valid for a certain period and become invalid or expired thereafter (for example medicals, skills or language assessment results, police clearance reports, maintenance funds, etc). It is the client’s responsibility to ensure that the documentation provided to us at the time of submitting a visa application is valid and within the mandatory date.

12.8. The provision of visa services from Vertex-UK Ltd to a client is concluded as soon as a decision is reached by an authorised immigration officer on a visa application. No further work or services will be provided or included by our company to the client as part of the visa service provision unless already included in the original contract. Vertex-UK Ltd should not be held accountable.

12.9. We will not be held responsible for any loss or damage caused by a visa-issuing authority issuing an incorrect visa or incorrect details on a visa as this is out of our control.

12.10. We cannot be held responsible for incorrect details on a visa as it is the client’s responsibility to check the received Visa Grant Notification letter/ Email or Visa Vignette and make sure that the personal details on the visa letter/ email or vignette appear exactly as they appear on the passport. Please note that failure to do so may result in significant delays/missed flights/additional travel expenses/not being allowed to enter the relevant country.

Vertex-UK Ltd should not be held accountable for costs incurred because of not following the above responsibility.

Governing Law and Jurisdiction

13.1. These Terms and Conditions are governed by the laws of England and Wales.

13.2. Any disputes arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

13.3. All services provided are in line and in Agreement with government legislation pertaining to money laundering, such as the Sanctions and Anti-Money Laundering Act 2018.

Intellectual Property and Copyright

14.1. We own or license the copyright in all the material that appears on our website.

14.2. You may download, store, and use the material on our website for your own personal use and research. You also may copy the content to an individual third party for their personal use given that you acknowledge the source of the material as being this website and you inform the third party that they are bound by Vertex-UK Ltd terms and conditions.

Data Protection Legislation

15.1. All legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation, any data protection legislation from time to time in force in the United Kingdom including the Data Protection Act 2018.

15.2. Whilst we take all reasonable steps to ensure the protection of personal information obtained by us, we cannot guarantee the security of any information sent to us online as the internet is not a secure medium and should not be used to send confidential or sensitive information.

Equality and Diversity

16.1. Vertex-UK Ltd is committed is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees, and is required to produce a written equality and diversity policy.

Use of Cookies

17.1. Vertex-UK Ltd is committed may monitor visits to this website and retain information about its users (including, without limitation, the use of cookies and other browser-generated information, and also any personal information you provide when communicating with us). Vertex-UK Ltd will not provide any of this data to third parties. Vertex-UK Ltd is notified in accordance with the Data Protection Act 2018.

Amendments to Terms and Conditions

18.1. We reserve the right to amend these Terms and Conditions at any time with immediate effect by placing the amended terms and conditions on our website. By continuing to access or use our services after those amendments become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the services.

Entire Agreement

19.1. These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether oral or written.

19.2. By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

19.3. We may update these Terms and Conditions from time to time:

(a) to reflect any variations in the way we carry out our business.

(b) to account for any changes, we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to how we provide notices to you, or any changes in the content, purpose, or availability of the website; or

(c) to ensure that our services comply and remain compliant with all current and future applicable laws, regulations, policies, and guidance.

Internet Security

20.1. The Internet is not a secure medium and we provide no guarantees as to the reliability or security of our website or that it will be continuously available, error or virus-free.

20.2. If you identify any error on the website or any material that you consider to be belligerent, impolite, dishonest, erroneous, or illegal please immediately e-mail us at enquiries@vertexuk.co and we will action.

Exclusion of Liability

21.1. In no event will Vertex-UK Ltd be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website or any other website connecting to the website by means of a hypertext link or otherwise. This shall be the case whether such damage is caused by transmission from this website (or a connected website to your computer system, or viruses, worms, Trojan horses or other disparaging items, corrupted data, or data incompatible with your computer system or third parties, interruption of or access to data of whatever nature).

21.2. The information contained in this website is for general information purposes only. The information is provided by and while we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

21.3.  Through this website you can link to other websites which are not under the control of Vertex-UK Ltd.
We have no control over the nature, content, and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Indemnification

22.1. Vertex-UK Ltd shall indemnify the client from and against all Losses arising from all uses, including sharing their required documents checklist, covering letters, and any other letter or document produced to support the client’s case, with any third parties.

22.2. You agree to indemnify, defend, and hold us harmless, from and against all claims, liabilities, damages, losses, and expenses, relating to your violation of these Terms and Conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs, and expenses relating to or arising out of such claims.

Waiver

23.1. Failure to enforce any of the provisions set out in these Terms and Conditions and any Contract, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Contract or any part thereof, or the right thereafter to enforce each provision.

Language

24.1. These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

Breaches of these Terms and Conditions

25.1. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently terminating our performance agreed by the contract, access to the company or its website by contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

Assignment

26.1. You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section will be considered null and void.

Export Restrictions / Legal Compliance

27.1. Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of the United Kingdom.

Our Liability

28.1. The material displayed on our website is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us because of this expressly excludes:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • The above exclusions do not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.