These are the standard terms and conditions between UK Working and you, the client, representing the entire agreement between the parties.
1. Definitions
In these conditions, the following words and phrases shall have the following meanings unless the context requires otherwise:
'UK Working': the business name of UK Working Limited.
'The Client': the person or corporate entity that engages UK Working to make an application to obtain a work permit or visa either on their own
behalf or on behalf of an identified third party.
'Agreement': the contracted engagement by the Client of the services offered by UK Working relating to the application for a work permit or visa.
'Work Permit or Visa': any official form of entry to the UK. This
definition includes, but is not restricted to, work permits, entry clearance, highly skilled migrant programme applications, and leave to remain that may be required from the UK authorities in order for the permit holder to enter, undertake employment or remain in the United Kingdom.
'Third Party': the person or corporate entity made party to the engagement of UK Working by the Client as detailed above and including but not
limited to an Employer, Recruitment Agency, individual job seeker or prospective employee, any third party being similarly subject to these terms and conditions upon being made party to the engagement of UK Working by the Client.
'Fees': the professional fees of UK Working as detailed on this website.
'Application': the preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorisation, including
but not being limited to work permits, visa applications for leave
to remain, highly skilled migrant programme applications, which benefit
or authorisation may be conferred by the Government of the United
Kingdom.
'Engagement': the request by the Client, on its own behalf or on behalf of any third party, made to UK Working to engage the services of UK Working as defined herein and subject to acceptance by the Client of these terms and conditions. Such acceptance shall be considered as so confirmed by any request, query or any other correspondence to UK Working from the Client, or any relevant third party detailed by the Client, relating to any particular Application. To clarify, clicking the relevant button[s] and progressing through the stages of the registration process on the UK Working website, where the process is clearly identified as such, shall constitute full acceptance of these Terms and Conditions. UK Working shall record the date of registration.
2. UK Working Services
2.1 UK Working undertakes to use its best endeavours to obtain a successful application for the Client.
2.2 Full Service. UK Working will provide a full consultancy service in support of the Client's Highly Skilled Migrant Programme application. This service will include consultancy advice and information, evaluation and the application paperwork and submission on behalf of the Client to the Home Office.
2.3 Advice Service. UK Working will provide a consultancy service for Clients who wish to obtain advice prior to submitting their own Highly Skilled Migrant Programme applications to the Home Office. This service will include consultancy advice and information.
3. Engagement
3.1 Immediately upon the Client's engagement of UK Working to make an application, the Client agrees to the terms of this agreement and the Client agrees and accepts that UK Working is under no obligation to commence or
undertake any work in respect of the application until any requested information has been received and passed as satisfactory by UK Working. UK Working will make best endeavours to obtain a work permit or visa for the Client.
3.2 The Client agrees upon engagement of UK Working to provide any and all documentation and any other information as may be requested by UK Working including but not limited to accounting, payroll, incorporation, Inland Revenue, HM Customs, contract, invoicing, lease, mortgage and other trading information, if applicable for the purposes of making an
Application. The Client agrees to make any Third Party aware of its similar obligations to do so.
3.3 The Client agrees that any information or documentation provided to UK Working pursuant to clause 3.2 above shall be true and accurate and further the Client hereby indemnifies UK Working for any loss or damage UK Working may suffer directly or indirectly as a result of the Client's breach of
this Clause 3.2. Such loss or damage includes but is not limited to the legal costs of defending any civil claim or criminal penalty against UK Working arising from the Client's breach hereof.
3.4 The Client and any Third Parties agree that, upon engagement of UK Working that all representations to and contact with the relevant authorities shall be made solely through UK Working and that at no time shall the Client or any Third Party contact or make representations to any
authorities with whom UK Working is dealing or with whom UK Working is about to deal.
3.5 The Client agrees that engagement of UK Working commences at registration and acknowledges that the provision of UK Working services is immediate subsequent to registration.
3.6 The Client accepts that upon engagement of UK Working in respect of any service or application, UK Working's full case fees, as identified clearly in the relevant initial or deposit invoice or account statement, shall be considered due in full at the time of engagement, subject to these terms of business and including any deferred payments.
3.7 The Client accepts that if the Client withdraws or instructs UK Working to withdraw in respect of any service or application prior to 7 days following the engagement of UK Working, fees will be payable to UK Working for work carried out prior to the withdrawal of instructions including fees associated with consultancy services that may or may not include applications. The exact amount of the fees shall be determined by UK Working and shall not be less than the invoiced deposit fee paid to UK Working by the Client.
3.8 It is accepted by the Client that upon engagement UK Working shall have already delivered services in whole or in part to the Client, in particular where detailed phone and email assessments have been conducted, and consequently there shall be no standard 'cooling off' period or cancellation of services at this point.
3.9 Advice Service: the Client accepts that if the Client withdraws following the engagement of UK Working the full case fees for the Advice Service will be payable to UK Working for work carried out prior to the withdrawal.
3.10 Full Service: the Client accepts that if the Client withdraws or instructs UK Working to withdraw in respect of any application 7 days or more following the engagement of UK Working the initial deposit will be payable to UK Working and in addition UK Working reserves the right to charge for work carried out prior to the withdrawal irrespective of whether an application has been made to the relevant authorities.
3.11 Other permit services: the Client accepts that if the Client withdraws or instructs UK Working to withdraw in respect of any application 7 days or more following the engagement of UK Working, UK Working reserves the right to charge for work carried out prior to the withdrawal irrespective of whether an application has been made to the relevant authorities.
4. Fees and Payment
4.1 Whilst UK Working will generally give limited free advice and evaluations, this is at UK Working's absolute discretion, and this service may be withdrawn at any time and for any reason. Where UK Working does give free advice, UK Working will normally respond quickly to queries. However, this
will not always be possible. By taking advantage of any of UK Working's free advice services the Client is accepting that this is the case. UK Working makes no representation and accepts no liability as to the current validity of such advice due to the reliance on third party information. On no occasion shall UK Working's application services be construed as free or obligatory.
4.2 Payment and method of payment of UK Working's fees and any other relevant remuneration under this Agreement shall survive the termination of this Agreement.
4.3 The Client agrees to pay to UK Working both by initial engagement deposit fees and/or ongoing or balance fees, such fees as are detailed to the Client subject to the relevant clauses herein or upon withdrawal of the application by the Client subject to the relevant clauses herein and, where relevant, to pay a deposit as stated by UK Working which may amount to the entire fee.
4.4 Any cancellation, delay or other default of any such payment shall incur interest at the rate of 5% above the base rate of Barclays Bank plc.
4.5 UK Working reserves the right to amend quoted Government Fee charges and other indirect charges irrespective of any quotes undertaken by UK Working upon such amendment by the Government authorities or other bodies. Such charges are in addition to fees and charges stated herein.
4.6 The Client undertakes not to withhold any payment due to UK Working arising out of any application hereunder on any grounds, including the existence of any dispute between the Client and UK Working or any other party
regarding an application or any other matter.
4.7 Where UK Working offers prepayment for courier pickup and delivery services, this cost covers one shipment from the Client to UK Working of maximum weight 1 kg, shipments to the Home Office in the UK, and one shipment from UK Working to the Client of maximum weight 1 kg. Any additional shipments contracted by the Client using the UK Working courier account will be charged separately. Where any shipment, contracted by the Client using the UK Working courier account, is more than 1 kg in weight the excess will be charged separately.
4.8 Refunds:
4.8.1 Courier Payments: Payments for courier deliveries will not be refunded if a courier delivery has already been made on behalf of the Client.
4.8.2 Third Party Invoices: Payments for third party invoices will not be refunded.
4.8.3 UK Government processing fees: Payments for the UK Government processing fees will not be refunded if an application has already been submitted.
4.8.4 All refunds will be made within 30 days. All refunds will be paid by means of UK Cheque.
5.0 Liability
5.1 Other than as is expressly stated herein or implied by statute, UK Working shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application
made hereunder or arising from UK Working's breach of any express or
implied term hereof.
5.2 In any event, UK Working's liability shall be limited to the amount of our Fees received by UK Working in respect of any individual application from which such liability may arise.
5.3 UK Working shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of any changes made to the Managed Migration programmes and schemes offered by the UK Government, such programmes and schemes being outside the control of UK Working Limited.
5.4 UK Working shall not be liable for any loss or damage whatsoever that the Client may suffer as a result of UK Working being unable to fulfill any of it's obligations herein due to the occurrence of an event of force
majeure, which term shall include but is not limited to legislative and regulatory acts of government, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.
6.0 General
6.1 Unless expressly agreed in writing to the contrary, time shall not be of the essence in the performance of UK Working's obligations hereunder, and the Client understands and accepts that any time estimates for the processing of any application that UK Working may give the Client relies on
third party involvement outside the control of UK Working and is not in any respect binding or definite.
6.2 The Client here warrants that any engagement duly authorised as detailed herein by individuals employed by the Client shall be considered legitimately so and fully empowered by their respective companies. At no time shall this agreement be disputed on the grounds that such individuals are not or should not be seen to be authorised by their respective companies to do so.
6.3 This Agreement shall terminate immediately upon any
material breach of its terms without remedy within 14 days by UK Working or
the Client or any third party. The provisions of this Agreement concerning
remuneration and limitations of liability shall survive its termination.
6.4 Any notices to be served hereunder may be served upon UK Working at UKworking, First Point, Buckingham Gate, London Gatwick Airport, West Sussex, RH6 0NT. Any notices served upon the Client or any third party may be served upon those parties at the last address notified by them to UK Working as being their places of business or address for service, service being deemed to have been effected 7 days after posting by inland post, 14 days after posting from outside the United Kingdom, or 2 days after transmission by facsimile or email.
6.5 Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of UK Working.
6.6 The unenforceability of any part hereof shall not affect the enforceability of the balance hereof.
6.7 These Terms and Conditions are governed and
construed and interpreted in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
6.8 If you have a complaint or grievance regarding the services of UK Working you may complain directly to the Client Relations Department at UK Working Limited, Regus, First Point, Buckingham Gate, London Gatwick Airport, West Sussex, RH6 0NT. If your complaint is about a UK immigration related matter you may also complain to the Office of the Immigration Services Commissioner, 5th Floor, Counting House, 53 Tooley Street, London SE1 2QN.
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