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Migration USA Terms of Business
See Privacy Policy
The information on this website does not constitute professional advice and is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. The copyright of all materials on this website is owned by Migration USA Ltd. Any pages contained within this website may be downloaded or printed for personal use. No material within this website may be distributed or copied for commercial purposes.
Migration USA Ltd, Middle House, Herne Road, Crowborough, East Sussex, England, TN6 2NP
Company Number: 11589250
info@migration-usa.com
These Terms and Conditions apply whenever you access the website, regardless of how or where you access the website.
Access to the Migration USA websites and the purchase of any service/s from the Migration USA is conditional upon you reading and accepting all of the terms and conditions in, and linked to, the Terms of Use, Terms of Service and Privacy Policy, as they exist at that time. These Terms and Conditions are subject to change at the sole discretion of Migration USA.
Defined Terms
"Client" or "you" or "your" or "their" means the individual visiting this Website
"Client Area" means the secure online system managed by Migration USA which allows Clients to enter and update their personal information and access our Service from any computer with internet access.
"Migration USA" or "migration-usa.com" or "we" or "our" means Migration USA or any of our subsidiary companies.
"Profile" means the information provided by the Client about the Client and, if applicable, about the Client's family.
"Service" means the Visa or Travel Service provided by Migration USA. A detailed description of what is included in your Service can be found at www.migration-usa.com.
"Terms" mean these terms and conditions.
"Working Day" means a day on which banks are open for business in London, United Kingdom.
"Website" means www.migration-usa.com.
Privacy
Please review our Privacy Policy below, which also governs your visit to Migration USA, to understand our practices.
Licence and Website Access
Migration USA grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Migration USA. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Migration USA. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Migration USA without express written consent. You may not use any meta tags or any other "hidden text" utilising our name or trademarks without our express written consent of. Any unauthorised use terminates the permission or license granted by Migration USA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Website so long as the link does not portray Migration USA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Migration USA logo or other proprietary graphic or trademark as part of the link without express written permission.
Copyright
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Migration USA and is protected by international copyright and trademark laws. The compilation of all content on this Website is the exclusive property of Migration USA and protected by the laws which apply in the countries we operate in and international copyright laws. All software used on this Website is the property of Migration USA or its software suppliers, and is protected by local and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY MIGRATION USA ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIGRATION USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIGRATION USA DISCLAIMS ALL WARRANTIES. MIGRATION USA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MIGRATION USA ARE FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS. MIGRATION-USA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
To the extent that liability cannot be excluded, the liability of Migration USA, its directors, officers, employees, and consultants is limited to the cost of the service Migration USA provides to the Client.
To the greatest extent possible by law, the Client must indemnify and hold harmless Migration USA, its officers, employees, agents and related companies (Indemnified Persons) against all Liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Person in connection with the provision of the Service by Migration USA, except the Liability arising from the negligence or default of any of the Indemnified Persons.
Communications
When you visit Migration USA, send e-mails to us or by communicating via the Client Area, you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.
We will communicate with you by e-mail, sending a message through the Client Area or by posting notices on this Website. If you do not respond to any communication related to the provision of the Service within two (2) working days, we will prepare the Service based on the information previously provided by you.
Migration USA reserves the right not to respond to any query which is not sent through the Client Area. You can elect to discontinue all future correspondence from Migration USA at any time by selecting the "Remove Your Details" link in the Client Area of our Website. Migration USA will not be responsible for any loss of data or immigration advice resulting from the Client selecting to unsubscribe their details.
Your Profile
If you use this Website, you are responsible for maintaining the confidentiality of your Profile and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Profile or password.
When accessing the Client Area, you are required to enter your email/username and password each time. Since access to your Profile is protected by your email/ username and password, it is very important that you protect your password by making it known ONLY to you. To protect your personal details, we recommend that you do not disclose your password to anyone, including family members and friends.
Migration USA will not be held responsible for any access gained by third parties to your personal Profile, whether the log in details were provided by you or were otherwise obtained.
Information and Evidence Provided by the Client
Migration USA will use and rely on information and evidence provided by the Client in the provision of the Service. Migration USA will not independantly verify or assume responsibility for the accuracy or completeness of such information. Accordingly, the information and evidence provided by the Client must be correct, including date of birth, qualifications, work history, contact details, or any other infomation or evidence as may be relevant to the case. If the information or evidence provided by the Client is not correct or complete or does not originate from the source required, as advised by Migration USA, Migration USA reserves the right to charge additional fees for repeated advice or dispute, irrespective of any flat-fee or payment plan.
In the eventuality that additional work arises, or is due to arise, out of the lack or provision of information or evidence, such to include, but not be limited to, adding additional dependants, making changes to the case, disputing elements of the case counter to professional advice provided, or anything that causes requests for evidence (RFEs) by USCIS or any other relevant source, Migration USA will advise the client of the associated cost to the client. Failure to agree to such additional costs or any dispute arising therefrom shall also constitute an additional time spend under these terms and so be similarly billable. If the relationship between client and Migration USA breaks down to such an extent that the client refuses to comply with advice or breaches the law, then Migration USA reserve the right to withdraw from all forms of service to the client, issue proceedings for the breaches in law, especially if such breaches affect Migration USA. Migration USA shall also proceed no further and issue no refund to the client for services engaged. In the interests of clarity, should fees in the client account not yet be used by the consultant and Migration USA on the case, based on published hourly fee rates, such fees shall be used as a (partial) retainer to address the dispute and resolve any legal claims against the client, should such claims exist. Should there be no such fees avialable in the client account or the costs to Migration USA shall be likely to exceed fees in the client account, the consultant and Migration USA reserve the right to issue proceedings to reclaim said fees and any associated damages. Should the client refuse to take the advice of Migration USA, the client has the right to instruct Migration USA to proceed as the client sees fit, provided the terms of this and other clauses herein are adhered to.
Any advice provided to you should not be used by any third party as each case varies depending on the particular circumstances of the applicant and the applicant's family. Such action will result in an immediate breach of our Copyright terms as set out above.
Your File
Upon completion of your application, all your original documents will be returned to you. However, we are obliged by law to keep a copy of your file for 6 years. We keep the file on the understanding that we have the authority to destroy it 6 years after the conclusion of our service to you. If we retrieve papers or documents from storage in relation to continuing or new instructions to act in relation to your affairs, we will not normally charge for such retrieval. However, we may make a charge based on time spent producing stored papers or documents to you or another at your request. We may also charge for reading correspondence or other work necessary to comply with your instructions given by you or on your behalf.
Provision of Service
Upon registering your interest, you are able to purchase a Service offered by us. Upon payment, we will endeavour to have the Service delivered to you within the time frame provided for in the Service description. However, in certain cases this may take longer, depending on the complexity of the Client's Profile.
Once the Service has been prepared, the Client will be notified and the Service will be made available for download through the Client Area. In the event that the Service documents are not accessed by the Client within two (2) days of preparation, they will be emailed to the account nominated by the Client in the registration process. The Service to be provided to the Client may vary from time to time.
The Service also takes into account current and publicly available immigration legislation and policies. Migration USA cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the Service has been provided to the Client.
The Client is encouraged to seek additional guidance from one of our Migration Consultants and/or make independent enquiries before relying on the information provided as part of the Service.
Migration USA cannot offer taxation, business, education or investment advice. Any information provided by our employees on matters not related to a visa should only be interpreted as general information and the Client should obtain professional advice regarding these matters.
Types of Services
Migration USA offers a selection of Services which vary depending on the country a person is seeking to migrate to. A brief introduction to these Service types can be viewed by clicking the appropriate link below. A detailed description of what is included in your Service can be found on our Website.
We endeavour to have one of our service team members or Migration Consultants reply to your query within two (2) working days of receiving the question. In some cases, however, it may take longer than the two (2) working days. This will depend on the nature of the question.
Migration USA reserves the right not to respond to questions that:
If multiple questions are submitted in one session, Migration USA reserves the right to request that the Client resubmit the questions separately, or to limit the amount of questions asked in a 24-hour period.
The client must book the date and time of the consultation by selecting the "Book Consultation" option in the Client Area or by contacting one of our offices and speaking to a Client Services Consultant.
Any pre-paid fee will be forfeited if the client is not reachable at the number provided or does not contact our office at the booked consultation time and does not provide at least twenty-four (24) hours notice of cancellation. If you need to cancel or reschedule the consultation, you can provide notice either through the Client Area of the Website, or by telephone within the 24 hour period specified.
As the client telephone consultation is a one-time exclusive engagement, no further advice will be provided at its conclusion. Any further consultations, either by telephone or e-mail, with a Migration Consultant are not covered by the Professional Consultation Service fee. If a further consultation(s) is desired and/or required, the client may choose to purchase an additional telephone consultation or another migration service.
Some services from Migration USA include a complimentary consultation.
All clients are required to telephone our office at the assigned time.
If the client has already paid for the Professional Consultation and then opts to cease the engagement for any reason, without providing notice as stipulated above, there will be no entitlement to a refund.
Professional Conduct
All our senior Migration Consultants are registered with the relevant regulatory body which authorises them to provide immigration and visa advice in their respective country of specialisation.
The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to Migration USA.
We are not part of any government. We are a private company and we do not have the authority to grant you a visa of any kind. We can only assist and advise people who want to migrate or travel to their selected country. Please note that the final decision on all visa applications rests with the relevant government department in each respective country. We do not in any way guarantee any visa or green card award. as part of our service.
Any fees paid to Migration USA are for the provision of the Service/s listed on our Website. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Services using one of our accepted payment methods.
Migration USA fees are based on the following rates:
Senior Consultants: £600 per hour
Consultants: £400 per hour
Accounts and Billing Staff: £250 per hour
Admin and Support Staff: £100 per hour
Migration USA bill by the hour or, where offered, on a fixed fee basis. Where fixed fees for a matter are quoted, all fixed fees shall be based on the time usually expended on a matter, as illustrated by a combination of personnel illustrated above. If Migration USA's expenditure of time is more or less than the fixed fee quotation due to matters normally required in the workings of a case, and as long as the client adheres to the advice provided, fees will not change for the Client and will remain as quoted.
However, if the time spent on a case is more that the fees quoted due to the client fielding extra-curricular queries, the client not adhering to advice, meaning consultants repeatedly needing to issue the same advice or becoming involved in debate about the nature of a case or payment, where such has been clearly stated to the client, then Migration USA, having warned the client that this may be the case, retain the right to consider all projected time allocated to a case as "spent," meaning that, even if there are elements yet to do in a case, then those elements, and the time spent on them, have used up the quoted fee. Migration USA shall also have the right to withdraw their representation. In such instances, at no time shall any fees paid be due back to the client and any extra fees due from the client shall be advised as due to the client.
Card Payments
Migration USA may offer the Client the option to pay fees, or any stage fee payment, by debit or credit card, via its approved third party card processing facility, which can be identified to the Client upon request. Any card payment incurs a cost to Migration USA of 4% of the payment value and such fee shall be passed onto the Client and added to their payment.
If the Client has any dispute with the service of Migration USA, they are asked to communicate with us detailed in these terms of business. If the Client initiateds any attempt to chargeback or otherwise cancel any such card payement, they shall be iconsidered n full breach of these terms of business and will be deemed to have withdrawn from service, at which time, Migration USA shall have the right to charge additional fees for the relevant time taken to dispute the said chargeback or fee cancellation. Migration USA will immediately engage its legal representation to pursue the Client, through the courts, for any fees it has charged back and any time it has taken Migration USA to defend the chargeback claim and any associated time and charges it has incurred as a result.
Payment Plans
On occasion, and strictly on a case-by-case basis, Migration USA may offer the Client a commuted Payment plan under subscription. It is recognised and accepted by the Client that the provision of advice and information is to be considered a commodity, as well as a time-related item. The value of the commodity is equal to 50% of fees paid as it represents a providion of information based on experience ove rmany years. It is also recognised and accepted by the Client that the total Migration USA quoted fee is due in full in advance, unless clearly split in identified petition and visa steps or latter stage payments being contingent on early stage approvals, and therefore all payment stages of a payment plan are due on engagement but commuted to the plan at the discretion of Migration USA for the benefit of the client. All fees are due without exception under our terms of business. If any stage is unpaid, all stages become due and Migration is within its rights to abandon all work on the Client's case and seek payment of the full quoted fee via, plus any recovery fees and interest, by any means at its disposal. Migration USA also reserves the right to charge the Client a recovery fee and/or additional fees at the Accounts and Billing Staff rate identified in these terms and namely £250 per hour, if a stage remains unpaid, to remind the Client of an outstanding payment. In the interests of clarity, the recovery fee shall be £500 plus any legal fees required to secure payment and interest shall be 4% of outstanding fees per month.
Our fees do NOT include other costs which are part of the immigration process such as government filing fees, medical and police checks, translation of documents, etc. As part of the Service/s which is/are provided to you, an approximate indication of the fees which form part of the process will be set out for you, together with clarification as to when these costs are due.
The client agrees that all services fees are deemed earned once paid and subject to the terms of termination outlined in this agreement;
The client agrees that the service fees will be deposited into the Client Account within 14 days of receipt, as applicable;
As soon as payment is received, the Client is deemed to have engaged the Services of Migration USA. Our Service is our professional and personalised advice and expertise. Once the Service has been provided to you, it cannot be returned, whether or not you have changed your mind or you no longer wish to utilise it.
If you submit a written refund request through the Client Area within 8 hours of payment, you may be entitled to a partial refund if the full service has not yet been provided to you and/or work has not commenced on your profile. However, this does not mean that there has been no work done on your case. We will have already communicated with you by phone, email or SMS, perhaps provided a report and undertaken research and other elements on your case, all of which are billable. In addition, any time it takes to calculate and issue a refund is all aslo billable. By agreeing to the terms and conditions of the site, you agree that service fees are non-refundable following 72 hours of payment or provision of the service, whichever occurs first.
All refunds remain strictly at the discretion of management and will incur a banking and administration fee of £50 or 15% of your initial payment (whichever is greater).
In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for your payment. If this card is no longer valid, you will be responsible to make arrangements with your bank or credit provider to have the funds transferred.
Migration USA reserves the right to terminate this agreement at any time. Termination includes cancelling your registration with or ability to have full or partial access to this Website and/or any other service provided to you by us.
Migration USA reserves the right to terminate this agreement for any reason, including any improper use of this Website; the provision of false or misleading information; or your failure to comply with these terms and conditions.
Migration USA is committed to providing its clients with the highest standard of service. Our complaint handling process is designed to ensure that clients' concerns are treated seriously and addressed promptly and fairly. In many instances, we have found that your consultant will be able to help resolve your concerns.
To ensure that we have an accurate account of your concerns, such complaints should be submitted in writing to info@migration-usa.com. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, your Migration Consultant will contact you in the next 3 business days to acknowledge receipt. A detailed review will be conducted and a response provided to the client within 10 - 15 days. All clients will receive written notification of any investigation undertaken and the resolution achieved.
Migration USA is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, Migration USA takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by Migration USA from misuse and loss and from unauthorised access, modification or disclosure.
Migration USA may use and disclose the Client's (and if applicable, the Client's family's) personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
In general, Migration USA will disclose the Client's personal information for the following purposes:
Subject to the exceptions set out in the Privacy Act, the Client may gain access to the personal information which Migration USA holds about them by sending a message via the Client Area. A fee may be charged for providing access and Migration USA will advise the Client of the likely cost in advance.
Due to privacy laws, we are unable to discuss your personal details with any third party enquiring on your behalf (including family) unless you provide your written consent authorising us to do so.
Please review our Privacy Policy, which also governs your visit to Migration USA, to understand our practices.
The agreement Terms shall be governed by the laws of the UK. The Courts of the UK shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Agreement.
No person has been authorised to give any representations on behalf of Migration USA in regards to the subject matter or the terms of these Terms.
Headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
MMigration USA may vary any of these Terms and any other information relating to the Service at any time, and your subsequent use of the Website will be governed by the varied Terms.
In the event that any of the provisions of these Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.
This Website contains links to other sites. Please be aware that we, Migration USA, are not responsible for the accuracy or the privacy practices of other such sites. We encourage our clients to be aware that when they leave our site, they should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on this Website.
Privacy Policy
Migration USA (“us”, “we”, or “our”) operates theMigration USA website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy refer to the Terms Business section in this document.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:
Third Party Processors
Our carefully selected partners and service providers may process personal information about you on our behalf as described below:
Digital Marketing Service Providers
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information.
Our appointed data processors include:
(i) Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the
ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Google, as a third party vendor, uses cookies to serve ads on our Service.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.
We will disclose your Personal Information where required to do so by law or subpoena.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, please contact us at info@migration-usa.com.