TERMS & CONDITIONS FOR THE WEBSITE AND OUR SERVICES FOR INDIA VISA

Introduction
These terms and conditions govern your use of our website (to the extent that these terms and conditions relate to the use of the Website such terms and conditions shall be referred to as the “Terms of Use”); by using our website, you agree to these Terms of Use in full. These terms and conditions also govern the services ordered from us through the Website and services ordered from us other than through the Website (to the extent that these terms and conditions relate to services ordered from us through the website or otherwise such terms and conditions shall be referred to as “Terms and Conditions” and the Terms and Conditions together with the Terms of Use shall be referred to as the “Conditions”). You should understand that by using this Website you agree to be bound by the Terms of Use and by ordering any of our services through the Website or otherwise you agree to be bound by the Terms and Conditions.

If you disagree with the Terms of Use you must not use our website and if you disagree with the Terms and Conditions you must not order services through the Website or otherwise.

You must be at least [18] years of age to use our website or to order services through our Website. By using our website or ordering services through our website and by agreeing to the Terms of Use and/or Terms and Conditions, you warrant and represent that you are at least [18] years of age.

You should retain a copy of the Conditions for future reference.

Please understand that if you refuse to accept these Terms of Use and Terms and Conditions, you will not be able to purchase any services from us.

Information about us
The website (www.visasimple.com) is a site operated by Visa Simple Limited ("we" "us" or "our") a company registered in England and Wales under registered number 08506447 and whose registered office is at Visa Simple, Vintage House, 36 - 37 Albert Embankment, London, SE1 7TL.

Interpretation of terms
In these terms and conditions the following words will (unless the context otherwise requires) have the following meanings:-

“Visa Simple” refers to Visa Simple Limited and the terms “we”,”us” and “our” apply to Visa Simple.

“Client” means you and includes your dependants, any client of yours or any third party visiting this Website.

“Contract” means legally binding agreement concluded upon payment or upon acceptance of our Terms and Conditions either in writing or agreeing by clicking “ACCEPT” button in our website during registration (whichever is earlier).

“Services” means the provision of our services for the purposes of providing immigration advice services as stated in our website.

“High Commission of India” relates to the High Commission of India, UK that decides and issues visas to foreign nationals, passport and OCI. Their details can be found at https://www.hcilondon.in

“VFS Global” relates to the VFS Services (UK) Ltd who manages the administrative function of the Visa, Passport, OCI and selected Consular Services application process. Their details can be found at http://www.vfsglobal.com/India/UK

"Profile" means the information provided by the Client about the Client and, if applicable, about the Client's family.

"Client log in Area" means the secure online system managed by Visa Simple which contains personal information of our clients.

"Website" means www.visasimple.com

Interpretation of services
Communications
When communicating with Visa Simple either through email or via Client Log in Area, you agree to the electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

We will communicate with you by e-mail or by posting notices on this Website.

Eligibility Assessment & Visa Questionnaire
The Eligibility Assessment is a list of questions which is completed in our website. It determines whether you are eligible for a particular visa category for which you are taking the assessment.

The Visa Questionnaire is designed to gather additional information about you to complete the visa application form.

You should not rely on this result alone as a true indication of your visa eligibility.

If you wish to obtain a realistic assessment of your visa eligibility, you should complete the Eligibility Assessment. Once you have completed this step, you can purchase one of our services that we offer.

Verification of Client’s Information
Visa Simple will not verify any information given by client. We solely reply on your information and will assume that these information are accurate and complete.

The advice given to you should not be used by anyone as their circumstance may be different and subsequently the advice may differ.

Types of Services
Visa Simple offers tailor made services as per clients’ requirement. We have provided a brief introduction to this Service below. A detailed description of what is included in your Service can be found on the Website.

Visa Services
Visa Services for E-Tourist Visa (ETV) and Regular Tourist Visa includes assessment of visa eligibility, detailing and reviewing of documents required for the visa application. It also includes completing the online application form and online submission of documents to the High Commission of India. For the Regular Tourist Visa, it also includes submission of visa application at the VFS Global.

This service is not covered under our no-win, no-fee policy.

OCI Services
An OCI service includes assessment of eligibility for OCI cards, detailing and reviewing of documents required for the application. It also includes completing the online application form and online submission of documents to the High Commission of India. This service also includes booking an appointment at the VFS Global for submission however personal attendance is compulsory so this service does not include submission of application at the VFS Global on behalf of applicants.

This service is covered under our no-win, no-fee policy.

Passport Services
Passport service includes assessment of eligibility for surrender of Passport, detailing and reviewing of documents required for the application. It also includes completing the application form. This service also includes booking an appointment at the VFS Global for submission however personal attendance is compulsory so this service does not include submission of application at the VFS Global on behalf of applicants.

This service is not covered under our no-win, no-fee policy.

Period of Engagement of Service
Upon payment or upon acceptance of our Terms and Conditions either in writing or agreeing by clicking “ACCEPT” button in our website during registration (whichever is earlier), you would be deemed to have engaged us for the relevant services that we offer. This is the time when the ‘period of engagement’ starts and it will be complete when we have delivered the service that you have purchased.

Delivery of Service Upon payment, we will endeavour to deliver the Service to you within the time frame mentioned below. However, in certain cases this may take longer, depending on the complexity of the Client's personal circumstances. The service delivery will depend on the type of service that you purchase:-

Visa Services
The delivery of service for E-Tourist Visa (ETV) will be completed as soon as the application is submitted online to the High Commission of India and Regular Tourist Visa the delivery of service will be completed when the visa application is submitted at the VFS Global. In cases of any further queries or additional documents required by the High Commission of India, we will continue assist you until a decision has been taken.

OCI Services The delivery of service for OCI service will be completed when the application is submitted at the VFS Global. In cases of any further queries or additional documents required by the High Commission of India, we will continue assist you until a decision has been taken.

Passport Services
The delivery of service for Passport service will be completed when the application is submitted at the VFS Global. In cases of any further queries or additional documents required by the High Commission of India, we will continue assist you until a decision has been taken.

Your Responsibilities
By accepting the Terms and Conditions, you agree to the following:
  • To do all things reasonably requested by Visa Simple to assist the Immigration Consultant in providing the mutually agreed services.
  • To pay Visa Simple for the services and for any expenses as and when such payments are due, as indicated in this agreement including third party expenses associated with their applicant if any.
  • To provide full and accurate information to Visa Simple throughout the engagement period.
  • The following are the specific responsibilities of client purchasing our Services:-
  • To provide further information and documents as requested by Visa Simple and in case of deadlines, within 14 days of such request (or shorter period as notified by Visa Simple in the event of a deadline).
  • To ensure that the documents supplied are original, accurate and genuine. Any legal or financial implications incurred by Visa Simple as a result of the submission of fraudulent or false documents will be the liability of the applicant.
  • To inform Visa Simple promptly of any urgent communication from the Immigration authorities and/or other authorities as appropriate.
  • Visa Simple shall not be responsible for any loss arising from the Client’s failure to respond to any requests for information and/or documents or any failure to provide information and/or documents which may affect the Client’s application.
  • If any requests for additional information or documentation are not answered over a period of two (2) months, it will be considered that the client has defaulted under the Terms and Conditions and Visa Simple is entitled to suspend the Client’s file and no refund is payable for failure to continue with the application after this period.
Our Fees
Any fees paid to Visa Simple are for the provision of the Service/s listed on our Website. You are responsible for paying all fees and applicable taxes associated with our Services using one of our accepted payment methods.

The fees for Indian High Commission fees and the service charge of VFS Global may change at any time prior to the submission of the application and it is your responsibility to pay the fees.

We will not pay Indian High Commission fees and VFS Global service charges on your behalf until we receive the fees from you.

For the Regular Tourist visa, if you make a payment for the Indian High Commission fees or VFS Global Service charges by credit card, then there will be an surcharge of 1.68%. And for ETV visa, any credit card payments for the Indian High Commission fees will incur a surcharge of 1.68%. However, if you choose to make a bank transfer for this fee or pay by your debit card, then there will be no additional costs. There will be no credit card surcharge on our professional fees.

For the Surrender of Passport application and Overseas of Indian card, the Govt fees and the VFS charges are to be paid directly at the time of submission of the application.

Please also note that fees quoted in this agreement are solely for the service agreed for your visa application, OCI services or passport services, any alternative service would incur a separate charge for which we would provide you with a written quote.

Refund Policy
Upon receipt of payment, the Client is deemed to have engaged the Services of Visa Simple. Our Service is our professional advice and expertise in relation to your visa application, OCI services or passport services. 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.

Credit Card Surcharge is non-refundable.

The Refund Policy depends on the types of Service that you purchase from us:-

Visa Services
If you submit a written refund request within 24 hours of payment, you may be entitled to a full refund if the service has not yet been provided to you and/or work has not commenced on your service documents.

In the event that you submit a refund request after 24 hours of payment and the service has not been provided but worked commenced on your service documents, then you will be entitled for 50% of the fees.

In the event that you submit a refund request after 24 hours of payment and the service has not been provided and worked has not commenced on your service documents, then you will be entitled for 80% of our fees.

The fees for Indian High Commission fees and the service charge of VFS Global will be refunded in full.

OCI Services
If this agreement is terminated by the Client or Visa Simple, then Visa Simple will refund the following fees to the client depending on the stages of the application process:-

Stages Fees entitled by Client
Upon engagement (payment) - non-refundable retainer 80% of fee
Detailed Assessment of client against the eligibility criteria and providing all information and documents required for the application process 40% of fee
Review of documents from the client and completion of filling out the application form 10% of fee
Submission of application to the High Commission of India No Refund

The fees for Indian High Commission fees and the service charge of VFS Global will be refunded in full.

Passport Services
If this agreement is terminated by the Client or Visa Simple, then Visa Simple will refund the following fees to the client depending on the stages of the application process:-

Stages Fees entitled by Client
Upon engagement (payment) - non-refundable retainer 80% of fee
Detailed Assessment of client against the eligibility criteria and providing all information and documents required for the application process 40% of fee
Review of documents from the client and completion of filling out the application form 10% of fee
Submission of application to the High Commission of India No Refund

The fees for Indian High Commission fees and the service charge of VFS Global will be refunded in full.

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.

No refund is available in instances where the Client is in default of the terms set out in Your Responsibilities

All refunds will be paid out together with all original documents you have submitted to us, within 10 (ten) working days on receipt of written confirmation of the acceptance of the refund as full and final settlement.

If however after terminating this agreement you change your mind and wish to you request recommencement of the services we would then do a re-assessment of the work to be done again and provide you with a new fee quote.

No Win No Fee
The ‘No Win No Fee’ does not only apply to any of the services.

No refund is available in instances where the Client is in default of the terms set out in Your Responsibilities mentioned above.

Complaints
Visa Simple is committed to providing you with the highest standard of service. We treat all feedback on our performance as an opportunity to learn more about our clients' needs and to improve our service. Visa Simple is committed to resolving all clients’ complaints quickly and effectively. If our service has not met your expectations, or you have a concern with Visa Simple, we want to know.

If during the conduct of your case you become dissatisfied with any aspect of the service offered, please do not hesitate to raise this directly with your consultant. In order to lodge a formal complaint, you are required to send the complaint in writing which would enable us to keep an accurate and written record of your concerns, as seen by you.

All written complaints will be acknowledged in writing with two (2) working days upon receiving it. As a priority, your assigned Immigration Consultant will contact you and endeavour to resolve your complaint. If a resolution cannot be achieved, your complaint will be escalated as per Company procedure. It would be reviewed by the Office Manager or the Director of the Visa Simple.

All clients will receive written notification of any investigation undertaken and the resolution achieved. In addition, all correspondence will be recorded and retained on the client's profile indefinitely. We will do our best to resolve your complaint within 15 working days.

Liability
Visa Simple is not responsible for the safety of the Clients documentation, whilst in transit to and from the Indian High Commission and whilst in transit to or from the applicant. Furthermore Visa Simple accepts no responsibility for damage or loss to documents whilst they are in the possession of the Indian High Commission.

Visa Simple will not be liable for any financial loss incurred by the delay or failure to obtain a visa.

The liability of Visa Simple arising from negligence by the company or an individual employee, is a limited to any professional fees paid.

Termination of Service
Without prejudice to the foregoing, we may terminate the Contract immediately if you:
  • fail to pay the price on the due date; or
  • are in breach of any term of the Contract; or
  • have improperly used this Website; or
  • have provided false or misleading information; or
  • have failed to provide instructions upon request or
  • If a conflict of interest arises.
The termination of the Contract (howsoever arising) will be without prejudice to any rights and remedies which may have accrued to either party.

Any Conditions which impliedly have effect after termination or expiry will continue to be enforceable notwithstanding termination or expiry.

Client may terminate the agreement by giving us written notice through Client Log in Area at any time during the period of engagement. All refund will be given to client in accordance with our Refund Policy mentioned above.

Force Majeure
We will not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing or failure to perform any of our obligations under these Conditions if such delay or failure is caused by events outside our reasonable control including, without limitation, acts of god, government action, war or national emergency, acts of terrorism, protests, riots, fire, floods, strikes or other industrial action of whatever nature. If we are unable to perform our obligations under these Conditions we will promptly notify you of the nature and extent of the circumstances in question. Our performance under the Contract is deemed to be suspended for the period that the event in question continues, and we will have an extension of time for performance for the duration of that period.
Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in the Terms of Use.

You must not:
  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • edit or otherwise modify any material on the website.
Acceptable use
  • You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  • You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

  • You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
  • You must not use our website to transmit or send unsolicited commercial communications.
  • You must not use our website for any purposes related to marketing without our express written consent.
Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with / you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so].

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

Data Protection
We agree that we shall only process your personal data (as defined in the Data Protection Act 1998 ("DPA"), and all regulations, codes of practice and guidance notes made thereunder and all subsequent amending or secondary legislation or orders) for the purposes of performing our obligations under the Contract and we will at all times process your personal data in accordance with the DPA and will take all reasonable security measures as are required to ensure our compliance with the DPA.
Law and jurisdiction
The Conditions will be governed by and construed in accordance with English law, and any disputes relating to the Conditions will be subject to the jurisdiction of the courts of England and Wales.
Breaches of the Terms of Use
Without prejudice to our other rights under the Terms of Use, if you breach the Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
General provisions
  • Visa Simple also reserves its right to issue proceedings for recovery of its fees/costs in the UK courts.
  • If any provision of the Conditions, is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Conditions, shall continue in full force and effect to the fullest extent permitted by law
  • Failure or delay by us in exercising any right or remedy provided by the Conditions or by law will not be construed as a waiver of such right or remedy or a waiver of any other right or remedy.
  • A person who is not a party to the Conditions will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.
  • These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the Services and the use of the Website and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  • You acknowledge that, in agreeing to the Conditions, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations between us prior to such agreement except as expressly stated in these Conditions.
  • Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract concluded between us (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
  • You acknowledge that you have read and understood our Privacy Policy mentioned on our website.
  • We have the right to revise and amend these Conditions from time to time. You will be subject to the policies and Conditions in force at the time that you order Services from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to service that you have previously purchased by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Results).
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