The definitions in this clause apply in these terms and conditions.
Charges: the sum charged by FIRST RECEDENT for Online Immigration Consultation Services as specified on the order form on the ukimmigrationforum website.
Client: the person or organization submitting the Online Consultation Form.
Confirmation of Acceptance: Confirmation of receipt of confirming FIRST PRECEDENT’s acceptance of the Order.
Documents: Home Office documents, UK Border Agency, Visas, passports and other related documents.
FIRST PRECEDENT: First Precedent & Visa Services Limited.
Information: all information provided to FIRST PRECEDENT by the Client including but not limited to data and Documents which may include sensitive and personal information under the Data Protection Act 1998.
Institutions: Home Office ECO, embassies, consulates, passport offices and other similar or related institutions.
Consultation Service: Online Immigration Consultation service for the provision of UK Immigration advice.
Order Forms: The Client’s request for the Services as specified on the Order Form.
Order Form Questionnaire: The questionnaire form (either electronic or paper) to be completed by the Client.
Administrative fees: These may apply for undertaking general administrative services
OISC: Office of Immigration Services Commissioner
Website: FIRST PRECEDENT & VISA website found at www.firstprecedent.com
Immigration Adviser: Authorized & regulated by the OISC to provide immigration advice
Basis of supply of the Service
The Client will submit the completed On Line Order Form to FIRST PRECEDENT, and FIRST PRECEDENT will, at its discretion accept the Order by issuing a Confirmation of Acceptance to the Client instructions. FIRST PRECEDENT reserves the right to refuse any Order.
FIRST PRECEDENT will endeavor to provide the Consultation service according to the Client’s instructions supplied on the Online Questionnaire Form. The client is required to answer all questions on the online questionnaire form, truthfully and honestly, and submit further instructions in no more than 200 words on the online questionnaire form. If longer detailed or complex instructions are submitted First Precedent reserves the right to cancel, thereupon a refund less administration fee may apply.
Where additional documents are to be supplied or requested the client is responsible for ensuring that the documents requested are submitted to FIRST PRECEDENT within the prescribed time frame for performance of the agreement.
Immigration advice supplied will be limited to one written advice per client. If further advice is sought, after the advice has been prepared. The client will be required to purchase further consultation.
FIRST PRECEDENT will use its reasonable endeavors to provide accurate and reliable advice in good faith to the Client’s. The advice provided by FIRST PRECEDENT is prepared solely upon the information supplied by the client and based upon current law at the time. It s the Client’s responsiblty to inform us of any changes which may affect the advice supplied before the advice is provided.
Scope of Advice
Our advice is personal and confidential to the client. If the client passes any of that advice on to others or ask us to do so, that other person will not have an enforceable right against this Company under these Terms of Engagement.
Responsibility for the work
FIRST PRECEDENT aims to offer an efficient and effective service, and is confident that they will do so in this matter. Should there be any aspect of the service which causes the client concern, or should a problem arise at any time, the client will be able to make a complaint, directly with the Office of the Immigration Services Commissioner OISC, at any time in connection with the provision of immigration advice provided. FIRST PRECEDENT is a regulated organization their files can be inspected from time to time, by the OISC and for review. All files will still remain confidential, and details held in confidence. It is a condition of this agreement with this company that all clients’ consent to their file being examined by the OISC if necessary. The OISC is responsible for monitoring the conduct of all Immigration Advisers. Their address is listed below for your reference:
Offices of the Immigration Services Commissioner
53 Tooley Street
Cancellation and Refunds
Where an Order is cancelled by the Client before advice is prepared, FIRST PRECEDENT will return to the Client all Documents that had been provided to it by the Client and will refund to the Client any monies paid by it to FIRST PRECEDENT less any Additional Charge for administration cost as specified on the Website that may apply.
Where an Order is cancelled by the Client after written advice is prepared, no payment will be refunded;
FIRST PRECEDENT may apply at its discretion, at either the exchange rate at the date of refund, or the exchange rate at the date payment was made by the Client, whichever is less.
Any times stated by FIRST PRECEDENT for the provision of the Service are approximations, not guaranteed. Time for delivery of the Service shall not be of the essence.
Where Documents are required for travel purposes, tickets for travel should not be purchased by the Client prior to the Documents being issued, unless such purchase is a requirement of the relevant Institution, and in such circumstances the Client is responsible for ensuring that open tickets are purchased.
Unless otherwise specified, FIRST VISA will send written response to the Client by email or Royal Mail Special Delivery and subject to additional postage charges which will apply. Where delivery by another delivery service provider is specified on the Order Form by the Client, FIRST PRECEDENT shall use its reasonable endeavors to appoint a reputable delivery service provider, and delivery of the Documents shall be subject to the conditions thereof, and additional postage charges will apply.
FIRSTPRECEDENT shall not be responsible for any loss, delay, damage or destruction of Documents incurred by the selected service provider.
Privacy and Data
Terms of payment
FIRST PRECEDENT reserves the right to alter its Charges at any time. Where FIRST PRECEDENT has issued Confirmation of Acceptance, the Charges payable shall be the Charges stated on the Order Form and/or stated at the time of issuing Confirmation of Acceptance.
Unless otherwise agreed or where accounting facilities have been agreed, interest will be charged on all amounts outstanding over 28 days at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Interest must be paid together with the overdue amount.78.4
Payment can be made by cheque, postal order and debit or credit card. A 6.00% charge will be incurred on all credit and debit card transactions for paper applications and a 2.7% charge will be incurred on all credit and debit card transactions for online applications.
Where Additional Official Fees and/or Additional Charges are incurred, these shall be payable by the Client upon notification by FIRST PRECEDENT.
Limitation of liability
FIRST PRECEDENT will use its reasonable endeavors to provide the Service. FIRST PRECEDENT shall not be responsible for nor accept liability for loss, delay, damage, destruction or non-issue of any Document whatsoever or howsoever caused by any Institution or delivery service provider or other third party.
FIRST PRECEDENT shall not be responsible for nor accept liability for expense or delay arising from or in connection with (to include but not exhaustive of): (i) incomplete Order Forms; (ii) incorrectly or falsely completed Order Forms; (iii) inaccurate or incomplete supporting Information; (iv) acts of God, weather conditions, acts of public enemies, war, strikes, acts or omissions by public authorities. Any sums incurred in the circumstances set out above shall be the responsibility of the Client.
FIRST PRECEDENT does not warrant any specific time for performance and shall have no liability in respect thereof.
In the event that a Document is lost, damaged, delayed or destroyed by any means whatsoever during the course of Service, where the loss, damage, delay or destruction is due to the negligence of FIRST PRECEDENT, damages shall be limited to the lower of the replacement cost of the Document or £25.00 per Document.
The Client acknowledges that FIRST PRECECENT shall be in no way liable for the Client’s failure to comply with the necessary travel requirements for the Client’s trip,
No waiver by FIRST PRECEDENT of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provisions.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
These terms and conditions shall be governed by the laws of England, and the Client agrees to submit to the non-exclusive jurisdiction of the English Courts.