Terms and Conditions
Published Terms & Conditions of Business - Emigrate Canada
Terms and Conditions
This is a legal notice for clients and potential clients of Emigrate Canada, and incorporates general website terms and conditions. All users of the website and clients are bound by these terms and conditions.
Our Head Office and Corporate Governance is:
Emigrate Canada is a trading name of Seismic V Ltd.
User is defined as a visitor to our online portal
Client is defined as those individuals and businesses with whom we have an active emigration case
Potential Client is defined as those individuals who have received a telephone or email consultation prior to formal case activation.
The User, Potential Client & Client hereby acknowledges that the provisions of this section shall apply to the service.
Site access and Licence
Emigrate Canada does not allow any user to download or modify the site in any way. If material is to be taken and used from the site for any personal or commercial venture, full permission must first be gained in writing from Emigrate Canada.
Emigrate Canada website provides users with information. Emigrate Canada does not accept any responsibility for errors or omissions upon the website, and shall not be liable for losses occurring from such errors. Emigrate Canada will fully attempt to ensure that all data and information is correct and up to date, at all times. The compilation of all content and software used on this site is the exclusive property of Emigrate Canada and protected by international copyright laws.
Disclaimer and Liability
All proprietary rights in information received by Emigrate Canada shall remain the property of Emigrate Canada. All forms of communication between public viewers and Emigrate Canada may be recorded to enable Emigrate Canada to carry out its day to day responsibilities. The use of this service is entirely at the client’s own risk. Our services and that of any appointed representatives are provided without warranty.
The Consultation & Onboarding Process
Emigrate Canada shall provide an in depth (either in person or at our offices, or via video link or phone) Consultation, with your Consultant and Case Manager. Our Case management team is highly qualified with the required skills, expertise, experience and/or qualifications to provide you with the expert care your case will require.
During your Consultation with you it is important you disclose everything that may affect, whether directly or indirectly, your case and which you may later rely upon or the Canadian Authorities may discover through their own investigations. Emigrate Canada relies heavily upon this information and has the opportunity to establish the facts of your case based on the information you have provided. In the event that you omit information or provide information that is not accurate, complete or correct, this may well have a negative bearing on your case or lead to time delays and issues achieving your desired outcome.
Emigrate Canada will endeavour to ascertain your case history from you and based upon the information that you provide any circumstances that may affect a successful outcome. Each case is unique and dealt with under law according to its own unique merits.
There will be a comprehensive case review and technical assessment. During which, Emigrate Canada will identify the particularities of your case and then scrutinise them against the current laws, policies and procedures of the Governments Authorities and its Officers. Emigrate Canada shall provide advice through its team of Case Managers. You will be advised upon the immigration options available to you. You will be given a detailed list of documents you will be required to produce to support your case as well as detailed definitions of these documents.
If at any time Emigrate Canada discover any issues that need to be addressed, which would otherwise harm your case, Emigrate Canada will offer alternative suggestions and recommendations for an alternative course of action, together with any alternative options available to you, if appropriate. Emigrate Canada will inform you at every stage of the process to assist you in making an informed decision regarding your future immigration options.
In all cases, Emigrate Canada will use all its reasonable endeavours to make your case as strong as possible and to obtain the result you seek based on the information you have provided. However, it is important to note that Emigrate Canada offer advice, and, where appropriate, a professional opinion. Please note, Emigrate Canada cannot guarantee the timing and/or success of any application. The success or failure of your visa application is made by the relevant Government Authorities in each and every case.
You acknowledge that you have exercised your own skill and knowledge in determining whether the service provided under this specific agreement meets your specific requirements and you have not relied on any statements or representations made by Emigrate Canada or its employees.
In instances where either documentation (for identity, verification or other aspects of your case evidence) or payments (either to ourselves or any third party in relation to the case) remain overdue or are not submitted, we will place the case on hold for 28 days. We will notify the client that the case is ‘on hold’ and during that time no further action will be taken on the case. Should the information remain incomplete or any financial transaction remain unpaid following the 28 day on hold period, we reserve the right to close the case without further recourse nor refund of any monies paid. In cases where despite our best efforts we do not hear from the client for in excess of 28 days nor receive information relating to the case or clients, we reserve the right to close the case on the assumption that the client no longer wishes to proceed. As Immigration is a rapidly changing area, with regular updates and legislative changes, cases cannot be left open indefinitely as advice becomes outdated. Therefore, should the case remain inactive or not formally submitted due to non-compliance by the client in any one 6 month period (ie Jan-July or July to Jan); the advice is deemed outdated and the case is closed to further action.
Neither Emigrate Canada nor any of its employees, affiliates, agents, content providers or related companies shall be liable for any direct, indirect, incidental, special or consequential damages or costs (including legal) arising out of use of the service or inability to gain access to or use the service in full or part.
Every effort has been made to ensure that this agreement complies with the current law. If changes in legislation occur, Emigrate Canada will make every effort to correct the information we provide, however we will not be held responsible for delays, cancellations or non-issuance of a visa as a result of legislation changes. By using Emigrate Canada you are confirming that you have read and understood the terms and conditions.
Terms of Business Client Care letter
Prior to commencement of work or a referral to an appointed representative Emigrate Canada will issue all clients with a client care letter. The letter will list details regarding how the case is to be handled and confirm eligibility based on the information supplied during your consultation.
Charges, Expenses and Payments
We require you to settle the required fees with cleared funds before we commence, and undoubtedly, before we complete, your application. We reserve the right to suspend any work on your matter without the payment of your full agreed fee. Should you fail to adhere to an agreed payment plan your case may be suspended and all work on the case may become invalid. Please also note that once you have agreed and paid our fees and had your initial consultation our refund policy below shall apply. We work strictly on a fixed fee basis which will have been agreed with you before we commence any work on your case. Your agreement will be sought on these matters as part of our initial Client Care Letter that will be sent to you.
Emigrate Canada operates a very clear and distinct refund policy for all applications. We believe in Treating Clients Fairly, which is one of our founding principles. As you would expect we have to have to apply some caveats so that Clients in turn treat us fairly also.
1. Refunds apply when full payment is made upon confirmation of the agreement. If the payment is on a part payment basis there will be no refund applicable.
2. If full payment is made and your application is rejected, Emigrate Canada will refund professional fees paid by you that have not been utilised on the future parts unless your application is rejected due to:
Your failure to meet health criteria, police checks; or
Because you provide false or misleading information; or
If the department or assessment body does not accept your assertions regarding your qualifications, work, business or other aspects as being genuine or unaccredited; or
Should you receive a negative result from the Assessment Authority or any other Government body in relation to your application for any reason, no refund request will be entertained as all applications are on a best endeavour basis, and there is no guarantee of a positive results.
Your failure to meet English requirements; or
If migration legislation/regulations change at any time throughout the procession of your application and adversely effects your application.
If you withdraw your instructions after work has commenced on this application and/or you instruct Emigrate Canada to withdraw your visa application after the same has been submitted to the relevant immigration department, assessment bodies or related parties or you fail to provide us with any requested documentation or information within a reasonable time period or date set down by any of the relevant bodies. Any professional fees already paid by you as at the date of such withdrawal will be forfeited and this Agreement shall be terminated.
3. Fees Not Refundable on agreement: $3000 CAD which is the base cost for the starting of a new file. This cost is not refundable under any and all circumstances. Other costs that are not refundable include all disbursements and application fees, i.e, Government fees, Assessment fees, Visa fees, State Sponsorship fees, Postal Mail Courier fees, Translation fees, Statutory Declaration fees and Certification fees.
Basis of Services
Emigrate Canada shall provide and you shall purchase the Services in accordance with the Schedule of Services and Payment Plan subject to these Terms. The Contract shall become binding upon receipt by Emigrate Canada of the Activation Payment from you. Marketing and other descriptive matter relating to Services are illustrative only, and do not form part of the Contract. These Terms and those on the CCL alone will apply to the Contract for the supply of the Services by Emigrate Canada to you. These supersede any previously issued terms and conditions. No variation of the Terms or to the Payment Plan or the Services will be binding unless expressly agreed in writing and executed by a duly authorised Director on behalf of Emigrate Canada.
From time to time, we may need to incur out of pocket expenses on your behalf, such as for photocopying of large volumes of documents, interpreters fees, and translation of documents, agent fees, travel and accommodation expenses, document preparation expenses, and international telephone charges. We may also from time to time if necessary have to obtain additional advice or opinions on your matter. We state herein that any fees likely to be incurred for the obtaining of additional advice will be notified to you in writing in advance and your consent will be sought. Your consent to paying these additional fees will be placed on your file and a copy of the same will be sent to you for your records. All postage is included in our quoted fees; however, any out of country postage and out of country courier costs are not included, and any such costs will have to be borne by the client. Skills Disbursements are not refundable once paid.
Emigrate Canada free online assessment is a method by which our advisers will be able to have an overview of your case. Our advisers will still need to discuss your case directly with yourself in order to give their realistic personal opinion of your eligibility for any immigration matters. Specific advice can only be given after case commencement, once we are in receipt of all documented evidence.
Unforeseen Work & Reasonable Use
We shall inform you if any unforeseen work becomes necessary, for example, due to unexpected difficulties or if your requirements or the circumstances change significantly during the course of your case. We will advise you in writing of the estimated cost of the extra work before such work is carried out. We will aim to agree an amended charge with you. If we cannot reach agreement, we will do no further work until the matter of costs is settled. We reserve the right to disinstruct ourselves after reasonable efforts have been exhausted. Should we at our sole discretion decide that the balance of work exceeds reasonable hours we will advise you in writing of additional charges and follow the process above. For the avoidance of doubt ‘reasonable’ equates to the normal amount of hours expected for your category and class of visa.
Payments on Account for Disbursements
It is normal practice to ask clients to make payments on account from time to time. These payments help to meet this firm’s expected charges for disbursements and to help avoid delaying progress in the matter. We will then pay expenses for disbursements as they become due. We may request further payments on account of expenses for disbursements as the matter progresses. These amounts will be shown as paid on the Disbursement final bill. Please note that disbursements may be payable to third parties. Please also note that in the event that the matter does not proceed to conclusion you will still need to pay for the disbursements that have arisen. Your consent for the payment of disbursements will be sought before such fees are incurred.
Defaulting and Late Payments
Emigrate Canada reserves its right to charge you for late payments at an interest rate of 24% per annum compounding on the outstanding balance and a late payment fee of £250 GBP. Emigrate Canada engages of a debt collection agency recover any debts owed (all associated costs will be in addition to the outstanding balance owed). We apply the same rules and procedures to all clients to ensure a fair and orderly process for those whose cases are progressing in the normal manner.
Service Levels and Your Responsibilities
We require you to provide us with:
Clear, timely and accurate instructions
All documentation required to complete the work expected of us in a timely manner
We reserve the right at any time to terminate instructions if we feel that you have made false representations or provided any false documents.
Storage of papers and documents
Our staff and agents should be free to work without threat or fear and bullying / harassment from clients will not be accepted. Similarly, any online comments about our staff or brand will result in immediate termination of your case without refund.
After completing the work, we are entitled to keep all your papers and documents while there is money owing to us for our charges and expenses. Upon completion or termination all personal documents held by us will be destroyed.
Change in Immigration Law
Please note that we shall not be held liable for advice if the law on immigration regarding your matter changes subsequently. We will endeavour to advise you of any law changes as soon as we are made aware of the same, however, a change in the law brought into force once your application has been completed will not render us liable for any refusal which you may receive as a result.
Limitation of liability
Our liability to you is limited in any case to the amount of the fees paid to us for performing our service. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses or any damages, costs or losses attributable to lost profits or opportunities.
EMIGRATE CANADA DOES NOT ASSUME RESPONSIBILITY OR LIABILITY, HOWSOEVER, DIRECTLY OR INDIRECTLY, FOR THE SUCCESS OR FAILURE OF YOUR APPLICATION. EMIGRATE CANADA HAS NO AUTHORITY TO MAKE SUCH DECISIONS. THE SUCCESS OR FAILURE OF YOUR VISA APPLICATION IS MADE SOLEY BY THE RELEVANT GOVERNMENT AUTHORITIES IN EACH AND EVERY CASE. EMIGRATE CANADA DOES NOT ASSUME ANY RESPONSIBILITY AND/OR LIABILITY, WHATSOEVER, DIRECTLY OR INDIRECTLY, FOR THE DOCUMENTS AND/OR INFORMATION YOU PROVIDE TO EMIGRATE CANADA.
Complaints Procedure and Remedies
Step 1: All complaints must be notified to Emigrate Canada via your case manager or named contact. You will receive acknowledgement of your complaint within 5 Business Days of receipt.
Step 2: Your Case Manager will investigate your complaint and seek further information required within 25 Business Days following acknowledgement of your complaint. Your Case Manager in charge of your complaint will write to you confirming the action to be taken on your case and provide a timescale. Your Case Manager shall explore all options available to you to satisfy your concerns and complaint. All remedies will be designed to provide the Services to you.
You agree that Emigrate Canada has a right to remedy your complaint within a reasonable timeframe. Remedies Emigrate Canada could offer include the following but not limited to:-
Re perform the Services
Re perform a particular part of the Services
Assign a new Case Manager
Increased number of appointments or change to your appointment time
Assign a new Client Services Manager to your case
Increase the management auditing and quality checks on your case until the complaint has been resolved
Adjustment to your payment plan
Step 3: If you remain dissatisfied then you are to request that your complaint be referred to a Manager whereby the above process shall be revisited.
Step 4: Following the above steps 1-3 if your complaint remains unresolved, you must in writing contact our Board of Directors to review your case. You agree that the Board of Directors are entitled to introduce their own remedies to resolve your complaint and focus Emigrate Canada resources in finding a solution to your complaint.
You agree that you will follow all the above Steps 1-4 and allow Emigrate Canada full opportunity to remedy your complaint and meet its obligations under this Contract before making a request for fiscal remedy. Your complaint will be recorded in our Central Register for monitoring and management purposes.
These Terms and Conditions shall be governed by and construed in accordance with the laws applicable in the Country of Incorporation as per current contract law regulations. We aim to continuously review the service we offer to our clients. We would therefore appreciate any comments and suggestions on how we could improve our service to you.
January 2014 – Emigrate Canada