GIO LEGAL SERVICES
TERMS & CONDITIONS
Thursday March 3, 2009

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Terms and Conditions of Service © Copyright 2009 Gio Legal Services
 
INTERPRETATION
  1. In these Terms & Conditions ('Conditions') , 'The Company', 'We, 'Us' or 'Our' refers to 'Gio Legal Services' and each term is used interchangeably.
  2. The 'Client', 'Customer', 'You' and 'Your' refer to the person, firm or company who enters into business with the Company by way of instructing the Company to act on their behalf or purchases goods or services from the Company.
  3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
  4. Embassy and Consulate are used interchangeably.
  5. 'Services' shall include any goods or services provided by the company.
  6. 'Contract' means a request for services by the Customer and accepted by Gio Legal, or a Quotation issued by Gio Legal and accepted by the Customer (and for these purposes acceptance can be given orally or in writing (including, but not limited to telephone, fax, email or via Gio Legal's website ('Site").).
  7. 'Quotation' means a quotation for Services issued by Gio Legal to the Customer via any communication means, including oral or in writing, whether by telephone, fax, email or via the Site
  8. The headings set out in these Conditions shall not affect the interpretation of these Conditions.
  9. The Quotation forms part of the Contract and shall have effect as if set out in full in the body of these Conditions and any reference to the Contract includes the Quotation.

ACCEPTING THESE TERMS & CONDITIONS AND HOW THEY APPLY

  1. You will accept these terms and conditions of business, by instructing Gio Legal to act on your behalf. These Terms & Conditions will remain in force for all future bookings by your firm unless notified in writing by us. All services requested or applications placed by Clients with the Company are made and accepted subject to the terms and conditions hereinafter set out.
  2. No servant or agent of the Company is permitted to vary these terms unless authorised in writing to do so by the Officers of the Company.
  3. These Conditions shall:
    1. apply to and be incorporated into the Contract; and
    2. prevail over any inconsistent terms or conditions contained, or referred to, in the Customer's Request for Services, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
  4. The Customer's Request for Services, or the Customer's acceptance of a Quotation, constitutes an offer by the Customer to purchase the Services as governed by these Conditions. No offer placed by the Customer shall be accepted by Gio Legal Services ("the Company") other than:
    1. by a acknowledgement issued and executed by Gio Legal whether oral or in writing (including by telephone, fax, email or via Gio Legal 's website ["the Site"]).
  5. The Customer's terms and conditions (if any) attached to, enclosed with or referred to in any Request for Services or other document shall not govern, or otherwise apply to, the Contract.
  6. Quotations are given by the Company on the basis that no Contract shall come into existence except in accordance with the previous condition.
  7. Any quotation is valid for a period of 7 days from its date, provided that the Company has not previously withdrawn it.

THE COMPANY'S OBLIGATIONS
  1. The Company shall not be responsible for any failure to perform its obligations hereunder, due to circumstances beyond its control, including but not limited to changes to Consulate requirements. The Company cannot be held liable or responsible for any subsequent additional expense, delay or refusal of the visa, arising from changes or arising from a request from the embassy for additional information from you.
  2. Gio Legal shall use reasonable endeavours to provide the Services in accordance with the Contract (including the description of the relevant Services as set out in the Company's website or as otherwise notified to the Customer by Gio Legal).
  3. Gio Legal shall use reasonable endeavours to meet any dates agreed with the Customer but any such dates shall be estimates only and time shall not be of the essence of the Contract.

THE CUSTOMER'S OBLIGATIONS

  1. The Customer shall:
    1. co-operate with Gio Legal in all matters relating to the Services.
    2. provide, in a timely manner and at no charge, such information, data, documents and material as Gio Legal may request and ensure that it is accurate in all material respects.
    3. obtain and maintain all necessary licences, registration, permissions and consents (including pursuant to the Data Protection Act 1998) and comply with all relevant legislation (including the Data Protection Act 1998) to enable the Customer to supply any information, data, documents or material to Gio Legal;
    4. check the validity, accuracy and completeness of all passports, visas, applications and other information, data, documents and material supplied to Gio Legal.
    5. ensure that all passports, visas and applications covers the period of stay requested, the number of entries required and is also valid for the purpose of the service.
  2. If the Company's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, or any person on whose behalf the Customer acts, Gio Legal shall not be liable for any costs, charges or losses sustained or incurred by the Customer or any other person arising directly or indirectly from such prevention or delay.
  3. The Customer shall be liable to pay to Gio Legal, on demand, all reasonable costs, charges or losses sustained or incurred by the Company (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from:
    1. the Customer's fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract; or
    2. as a consequence of the incompleteness or inaccuracy of any information, data, documents or material supplied by the Customer, its agents, sub-contractors or employees, or any person on whose behalf the Customer acts.
  4. Should a passport, original document or other item be lost, misplaced, damaged, delayed or destroyed by any means whatsoever, the cost of replacing the item and/or any consequential loss shall be borne by the client. Any contribution by the Company shall be at the discretion of the Company if the fault rests with them.
  5. The Company will not be responsible for any loss, damage or delay incurred whilst the client's documents are in transit either to or from the Client regardless of the method of delivery (including Royal Mail). The Client is responsible for checking that original travel documentation (tickets) and/or any monies (where provided, and to be returned) have been returned and also that the details (such as visa contact details) on any work carried out by the company is correct. Once you have signed for your documentation we shall not be responsible for documents that are lost in your possession.
  6. The Company reserves the right to act in the best interest of the client upon implied instructions being given and any charges for such services rendered shall be wholly the responsibility of the client. Any increase in Embassy fee at time of submission of the Client's application to the Embassy is payable by the Client.
  7. The Client declares that all the information relating to their application is genuine, true, and complete and information that may affect your application has not been withheld. Failure to provide accurate information or withholding information may result in Your Visa application being refused. The Company reserves the right to terminate any agreement to represent a Client without prior notice should the Company deem it necessary. Should this clause be invoked, the Company reserves the right to take any action it deems appropriate.
  8. The Client understands that it is their responsibility to check the contents and validity of any visa issued, The Company accepts no liability in respect thereof.

CHARGES AND PAYMENT

  1. The Client agrees to pay ALL Service Fees payable to Gio Legal Services and relevant embassy fees at the time of application. The Client understands that Service Fees paid are non-refundable and Embassy Fees may also be non-refundable once application has been submitted to the Embassy. All prices quoted are subject to confirmation at the point at which an application is received and accepted by the Company. The Client confirms that those fees paid to the Company, does not guarantee any increased speed of consideration of their application and does not guarantee the issuance of the visa requested. The Company reserves the right to withdraw the application, have the visa cancelled or hold the Client's passport should there be any outstanding fee or if a cheque payment has been dishonoured.
  2. You will pay our fees as is correct at the time of booking, together with any other incidental charges on behalf of your client, from the time the booking is made. The charges payable for the Services shall be calculated in accordance with Gio Legal's fee rates as notified to the Customer, as amended from time to time by Gio Legal Services on literature and on our website.
  3. All fees, disbursements and charges are exclusive of any taxes, such as VAT which Gio Legal shall add to its invoices at the appropriate rate at the time of invoicing. Fees are set out or available from our offices or our Site.
  4. The Customer shall be liable for:
    1. the issuing authorities processing fees; and
    2. the cost of any materials and the cost of services reasonably and properly provided by third parties and required by Gio Legal for the supply of the Services. Where such costs, fees and expenses are £200 or greater they must be paid in advance or within 7 days of receipt of Gio Legal's invoice.

WHEN CHARGES MUST BE PAID

  1. We will submit an invoice for our charges and any other appropriate costs. Payment must be received within 7 days of the invoice date of issue. If you fail to settle the invoice within 7 days, you will be liable to a surcharge of 20% of the total invoice and shall be invoiced for this amount separately.
  2. Where the Company has notified the Customer that:
    1. any fees are payable in advance, those fees must be paid before Gio Legal will be obliged to provide any Services;
    2. any fees are payable following receipt of an invoice, those fees must be paid upon the invoice terms of the Company's invoice or such earlier date as is required by paragraph 31.
  3. Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Company any amount on the due date, the Company may:
    1. charge interest on such amount from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis and being compounded quarterly until payment of such amount is made, whether before or after any judgment; and
    2. suspend all Services until payment of such amount has been made in full; and
    3. retain all information, data, documents or material of the Customer, its agents, sub-contractors or employees, or any person on whose behalf the Customer acts until payment of such amount has been made in full.
  4. Time for payment shall be of the essence of the Contract.
  5. The Company may, without prejudice to any other rights it may have, set off any liability of the Customer to the Company against any liability of the Company to the Customer.

DISBURSEMENTS

  1. Gio Legal is entitled to reclaim all and any reasonable disbursements incurred in the course of an assignment being carried out. This includes any travel expenses incurred, as well as expenses incurred when collecting or returning any documents required for the assignment. Where we attend on Legal Aid matters, any disbursements that are suffered over and above those that can be reclaimed from the Legal Aid Board must be paid, Legal Aid allowances having no bearing on Gio Legal's claim for expense. Travel disbursements will not be supported with receipts, where they are standard expenses e.g. Travelcard, nor shall a breakdown be provided of phone charges.
  2. commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

MISCELLANEOUS

  1. The Company cannot guarantee that you will be granted a visa, as this will be determined by the Embassy and as a result cannot be held responsible for any non-refundable costs (including but not limited to Travel) that you may have incurred or will incur in applying for your visa. While every endeavour will be made to ensure that the correct documentation is presented at time of application the Embassy may still choose not to grant the visa.
  2. Any information supplied, advice given or service performed by the Company is based only on the latest information at the disposal of Gio Legal Service whether directly from the various Embassies/Consulates or from relevant websites. Regulations, protocol, requirements, fees and processing times can change without notice. Clients should not make confirmed travel arrangements until the required visa has been obtained except in the case where paid travel is a requirement.
  3. No variation of the Contract or these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.
  4. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
  5. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
  6. Each of the above conditions shall be read and construed independently of each other so that if one or more is held to be invalid as an unreasonable restraint of trade, or for any other reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent that they are not held to be invalid.
  7. If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
  8. Further, in the event that any Term and Condition shall be found to be void, invalid, unenforceable or illegal but will be valid, enforceable or legal if some part thereof were deleted, then such Term and Condition shall apply with such modification as may be necessary to make it valid, effective , enforceable and legal .
  9. The failure by the Company at any time or for any period to enforce any one or more of these Terms & Conditions shall not be a waiver of them, or a waiver of the right to enforce such Terms and Conditions on a future occasion.
  10. The Company may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
  11. The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assignees and is not intended to benefit, or be enforceable by, anyone else.
  12. The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
  13. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.

ATTENDING TRIBUNALS, COURT AND CONFERENCES

  1. Where we are required to attend on more than one client at the same venue, a charge of £15.00 per additional client will be imposed. Furthermore, all or part of any attendance outside of the hours 0930 to 1700 will be subject to a surcharge of 20% over the normal rates correct at the time. Half days and full days are determined by the standard court hours, a half-day running up until the court lunch hour, or running from the start of the lunch hour until the close of court business. The same applies to any other attendances in terms of the time allocation of 2 hours per session. Where collection of the file is necessary, an allowance of 45 minutes is given to collect any documents from your office and attend the relevant venue, as again a return travel time of 45 minutes delivering back to you any documents. Where further time is required for either travel or attending at the venue, a discretionary extension fee may be added, calculated in 20-minute increments, based on the hourly rates for travel and waiting when taking instructions, or may be charged as a further half day as appropriate.

AVAILABILITY AND SUITABILITY OF REPRESENTATIVES AND PROCESS SERVERS

  1. We will make every reasonable effort to ensure that your allocated representative to an assignment is suitable to your requirements in terms of skills and reliability. However, neither Gio Legal, its parent, nor anyone acting on behalf of Gio Legal is liable for any loss, expense or damage caused by any act or omission of the representative under your instruction. Furthermore, neither Gio Legal, its parent, nor anyone acting on behalf of Gio Legal accepts liability for any loss, expense, damage or delay from a representative's failure to attend for the whole or part of a booking.

RESPONSIBILITY FOR DISPATCHED REPRESENTATIVES

  1. Gio Legal acts and assumes the responsibility towards the representative for the limited purpose of delegating the relevant details to the representative, so that they may know what their assignment entails. Every Gio Legal representative working on behalf of you or your firm is under your exclusive direction and control, and/or counsel's (or third party) where appropriate, from the time they report to you, your client or counsel, or arrive at their destination to take up their duties and throughout the booking, until returning to you, where a return to the office is necessary. In this respect, you fully indemnify Gio Legal for any acts, errors or omissions on the part of the representative, whether wilful, negligent or otherwise.

TEMPORARY TO PERMANENT RECRUITMENT CONVERSION

  1. If you directly employ or engage a representative introduced by Gio Legal in the course of temporary assignments, a Recruitment Fee equivalent to 15% of their final salary or £10,000.00, if the final salary cannot be ascertained or the information as to the final salary is withheld, shall be payable. Similarly, you will be liable to pay the Recruitment Fee if you in turn, introduce that representative to another person or company who subsequently engage them. Where a representative has converted to a permanent position, Gio Legal will not refund any of the fees should the engagement be terminated. Any refund that may be given is entirely at the discretion of Gio Legal for the purpose of maintaining goodwill.

DISPATCH OF REPRESENTATIVES DIRECTLY

  1. In the event that any representative, previously dispatched on your behalf by Gio Legal, is instructed directly by any representative of your firm, all details of that case, and any others that you dispatch them on directly, must be provided to Gio Legal, as if Gio Legal had dispatched the representative. No concessions will be made as a result of you approaching the representative directly, and an invoice for their work will be submitted as in the normal course of any booking being made. Similarly, you will be liable to pay the invoice for their work if you in turn, introduce that representative to another person or company who subsequently engages them.

ISSUING, FILING AND LEGALISATION OF DOCUMENTS

  1. Save for securing hearing dates where appropriate, Gio Legal is instructed for the limited purpose of couriering documents and strictly does not make representations about the documents being handled. Any representations concerning the documents must be addressed in writing to the person or Court to whom the document are being presented, to be presented with the documents. Liability for all documents remains with the instructing Solicitors/Company and comes under the insurance of the instructing firm, though Gio Legal shall of course endeavour at all times to use the appropriate care in handling documents.

TRANSCRIPTION SERVICES

  1. Our fees shall include a single printed copy and a copy of the transcript by email, or DVD where specified at an additional cost of £2.50. Any recordings sent to Gio Legal for transcription which are of a poor quality may cost up to an additional £1.00 per minute for the additional time spent in deciphering and annotating such defects. The same applied to non-standard formats, which would require specialist equipment.

PARALEGAL SUPPORT SERVICES

  1. Once Gio Legal has been engaged by written request, we shall locate and propose a minimum of five and a maximum of ten applicants suited to the position being filled. Gio Legal will make every reasonable effort to ensure that any individual proposed to your firm suits your requirements in terms of standards of skills, integrity, and reliability. However, it remains the ultimate responsibility of your firm to make the final assessment as to the suitability before engaging any person.

COMMISSIONER SERVICES

  1. Gio Legal Services only act on the basis of the following conditions.
  2. For the Commissioner Services, we charge our fees based on the time taken for the whole matter, including making an appointment, travelling and waiting time, at the rate of 170.50 per hour with a minimum fee of 29.50. We also charge out-of-pocket expenses such as fees payable to the Foreign and Commonwealth Office or Foreign Embassies, or costs for postage and courier services. Before the documents will be handed over, the bills musst be paid.
  3. In order to ensure the truthfulness of all the facts in the document, Gio Legal Services may obtain evidence and proof from independent sources. If it is not possible to fully verify all the facts in a document, we probably have to attach a disclaimer to it. Our Clients understand that this might weaken the document's benefit, but also that Gio Legal Services do not take responsibility in such a case.
  4. Gio Legal Services reserve the rights to stop acting for a Client, if no proper instructions on how we should proceed are given, if the issue involves fraud and/or violence, or if a bill is not paid.

LIMITATION OF LIABILITY

  1. The Client will not hold the Company accountable for delays, or refusals of consideration of their application.
  2. The Company shall not be held liable for any loss howsoever arising, or for any refusal of an application submitted by the Company.
  3. The Company cannot guarantee the length or type of visa that will be issued by the Consulate as this will only be determined by the visa officer of the relevant Consulate.
  4. This paragraph (63) sets out the entire financial liability of Gio Legal (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
    1. any breach of the Contract;
    2. any use made by the Customer of the Services or any part of them; and
    3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
  5. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, are excluded from the Contract.
  6. Nothing in these Conditions limits or excludes the liability of Gio Legal :
    1. for death or personal injury resulting from negligence; or
    2. for any damage or liability arising as a result of fraud or fraudulent misrepresentation by Gio Legal.
  7. Subject to the limit on Gio Legal's liability described in paragraph 68 and to the customer proving its losses and damages, in the event of loss of or damage to a passport and/or any supporting documents as a consequence of the negligence of Gio Legal, the Company's liability shall be limited to a maximum of £150 per passport and/or £10 per supporting document, subject to an overall limit of £750.00.
  8. Subject to paragraphs 68 - 70, Gio Legal shall not be liable for:
    1. loss, delays or non-issuance of any application or a passport and/or any supporting documents whatsoever or howsoever caused by consulates, embassies, the passport office, the Foreign and Commonwealth Office or the Home Office, any third party carriers or couriers or subcontracted agents;
    2. loss of, or delays in, or the non-issuance of, any application arising from or in connection with (to include but not restricted to) incomplete application forms, incorrectly or falsely completed application forms, inaccurate or incomplete supporting documentation;
    3. for losses or delays caused by changes in requirements or by alterations in Embassies, Consulates, Home Office, Passport Office or Foreign and Commonwealth Office or other parties' procedures;
    4. loss of profits, loss of business, loss of goodwill, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of information, data, documents or information;
    5. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
  9. Gio Legal's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Services.
  10. Unless specific instructions are received in writing to the contrary, Gio Legal shall not be held liable for acting in the best interests of and in a manner which would be considered reasonable to enable the Company to fulfil the implied instructions of the Customer. Any such additional actions which incur additional charges shall be wholly the responsibility of the Customer.
  11. Gio Legal reserves the right to decline the processing of documents and applications for any reason whatsoever and at its total discretion, including but not limited to incomplete documentation, insufficient processing time, or suspect documentation or application content.
  12. All disputes must be notified in writing to Gio Legal Services within 14 days of invoice date.
  13. Gio Legal Services do not provide immigration advice and as a result do not accept responsibility for the outcome of any applications.

Gio Legal Services
146 Milligan Street
London
E14 8AS

t/f: +44 (0)20 7987 2280
info@giolegal.co.uk
https://giolegal.co.uk