This agreement sets forth the terms and conditions under which PATHWAYVISAS will provide a service to its clients on specified service provider premises (Herein referred as the “Service Provider Location)
WHEREAS, Service Provider is desirous and capable of providing Services for Clients; and
WHEREAS, Client and Service Provider have agreed on the terms of this Agreement.
NOW, Therefore, in consideration of the mutual agreements and promises contained herein and for other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows;
It is hereby agreed that the CLIENT appoints PATHWAYVISAS for complete preparation of his/her file for the purpose of Migration/Visa. PATHWAYVISASagrees to use its best efforts and endeavor in preparing and assisting the CLIENT to obtain his/her Migration/Visa
Based on the facts and information provided by the client and on the best judgment of PATHWAYVISAS.
2. SERVICES TO BE RENDERED
- PATHWAYVISAS will provide a detailed Consultation on each client’s case. Using PATHWAYVISAS Proprietary Case Management Systems, highly qualified case workers shall ensure to provide expert advice to prepare case(s) for the client(s);
- Client(s) Meetings can be arrange either in person at the PATHWAYVISAS office or via phone with PATHWAYVISAS Consultants and Case workers. Client(s) should ensure that the facts of their cases are accurate and understood by PATHWAYVISAS;
- PATHWAYVISAS reserves the absolute right to attain the Client(s) immigration history and all relevant information to ensure that PATHWAYVISAS understands all the facts and circumstances that may or may not affect a successful outcome;
- If During the course of the Client(s) application, any information is discovered that need to be addressed, which would otherwise harm Client(s) best course of action, together with any alternative options available;
- PATHWAYVISAS shall use its best endeavors to make the Client(s) case as strong as possible and the result which Client(s) seek. PATHWAYVISAS is providing Services Pursuant to this Agreement;
- PATHWAYVISAS shall assist the Client in completion of the online Express Entry profile based on information about his/her skills, work experience, language ability, education and other requested details pertaining to the requirements of the assessing body provided by the Client as per Clause 2(b). The Clients that meet the required criteria of the Federal Skilled Program subject to Express Entry will then automatically be placed in a pool of candidates as soon as their application has been submitted;
- PATHWAYVISAS shall assist the Client for the procedures of registration for Job Bank of the Department of Employment and Social Development;
- The Client shall ensure that his/her educational documents (Photocopies or otherwise) have been sealed in an envelope by the awarding body or relevant governing body. If the Client requires assistance to hire a third party agent for educational documents then PATHWAYVISAS shall assist the client in finding the relevant contact details. PATHWAYVISAS will however, not be responsible or held liable for any damage or loss of document done by the third party;
- The Client shall ensure to attain proficiency and marks in speaking, listening, reading and writing modules of the IELTS/TEF/and any other English testing system exam that has been recommended by the Immigration Authorities. The required marks and grades are subject to change from time to time in order to qualify under the program, PATHWAYVISAS will not be liable in case the application is rejected or disqualified due to insufficient scoring caused by the result of the language exam. In relation to this the Client shall not be entitled to a refund;
- In the event of failure of payment on time as per the payment plan given to the Client, PATHWAYVISAS will have rights to terminate this agreement in its entirety;
- On receiving the required documentation based on the factors mentioned in Clause 2(f), PATHWAYVISAS will ensure that the application is filed on time to the relevant Immigration Authorities. PATHWAYVISAS will not be held liable for any delay or obstruction to the process caused due to backlog of cases or any other reason at the Visa Application center. Therefore, time frames from relevant government bodies shall not be the essence of this agreement;
- PATHWAYVISAS shall resubmit the Client’s application, in the event of the Client not receiving an invitation in the first try. Subject to the fact that the client still qualifies for The Express Entry Program. Express Entry profiles can still be resubmitted/recreated by PATHWAYVISAS as long as the IELTS/TEF or any other English testing system exam as
Well as the Educational assessment is valid. If expired, then the Client needs to ensure that they are reapplied for in order to move forward;
- Should the Client at any stage of the process after signing the contract wish to terminate, the Client will only be able to do so based on Clause 12 of the Agreement; and
- Should the Client not submit the required documents requested by the designated Educational Credential Assessment body and/or the Visa Application Center, PATHWAYVISAS will not be liable for any rejection or disqualification cause by this delay and the Client shall not have a claim against PATHWAYVISAS.
The CLIENT further acknowledges that the time required to process an Application depends on factors, for example time needed to verify the submitted documents by CLIENT and other related factors , which may be beyond the control of PATHWAYVISAS. The CLIENT acknowledges that no warranty is given as to the length of time required to process the application or the results.
4. THE CLIENT
The CLIENT agrees to provide in its truest form, all documents required pursuant to the Official Documentation List, which is provided by PATHWAYVISAS upon signing this Agreement. **In some cases there are exceptions, however, if there are any exceptions it will be at the discretion of the governing body to authorize.
PATHWAYVISAS claims no responsibility should the CLIENT be unsuccessful due to criminal reasons, health problems, forging or the presentation of false documents to PATHWAYVISAS
The governing body Regulations and Conditions, not submitting the necessary documents to the governing body require, not attending the medical examination
and/or the interview, not speaking fluently in English during the interview, not responding correctly and professionally to the Officer regarding the profession and/or the job duties and/or the job description that he/she applied for in his/her Application
For registration or the CLIENT decides to withdraw or cancel his/her Application, or for some reasons whatsoever the CLIENT decides not to continue the process of
Immigration/obtaining visa with governing body; the CLIENT will not hold PATHWAYVISAS responsible by any means, and the professional fees are not refundable.
5. THE REQUIREMENTS (CREDENTIAL/LANGUAGE EVALUATION)
The CLIENT understands that in most cases he/she will have to prove both his/her English and when applicable his/her moderate French language skills depends on province in which he /she applies for migration/visa with governing body. The CLIENT will undertake to provide such proof via undergoing the International English Language Testing Skills Test (IELTS) as well a similar test recognized by the governing body at his/her expense regarding the French language if that applicable.
6. GOVERNING BODY FEES
The CLIENT bears the entire fees pertaining to the governing body / professional registration body and other related cost like attestation, notarization, etc. as advised by
PATHWAYVISAS on a consolidated as all government fees are to be paid directly to governing bodies.
7. MEDICAL TESTS
The CLIENT bears the costs of the medical tests that are required in some cases.
The CLIENT agrees to co-operate with PATHWAYVISAS and further undertakes to ensure the co-operation of any of its relatives, friends and/or agents.
The CLIENT agrees to have a good attitude towards the employees of PATHWAYVISAS.
9. FULL DISCLOSURE AND VERACITY OF INFORMATION
The CLIENT agrees at all times, to provide all personal, financial, employment ,current registration with any governing body whether in home country or elsewhere and/or other information PATHWAYVISAS shall require.The CLIENT further agrees upon the request of any governing body to provide that body with whatever information may be requested.
The CLIENT acknowledges that all information requested of him/her pursuant to this paragraph (9) must be disclosed in a timely, accurate, truthful, complete and
Full manner. **For greater certainty, if any information disclosed by the CLIENT is found to constitute misrepresentation, PATHWAYVISAS may terminate this Agreement immediately by giving notice in writing to the CLIENT.
10. THE LAWS
The United Arab Emirates shall govern the present Agreement. The parties hereto agree that they have requested this Agreement to be drafted in the English language.
In the event a dispute arises, both parties mutually agree to seek out mediation to resolve issue(s) at the cost of the party who initiated the complaint. Both parties will agree to a mutual mediator and will put their best efforts forward in order to resolve the issue(s) to a mutually acceptable benefit.
If mediation is unsuccessful it may then proceed on to a group of Arbitrators, which are registered as such, retained by the person bringing the action.
The representative agrees to respond to a written complaint in writing within 30 days from receiving the complaint. Every effort will be made to resolve the complaint to mutual satisfaction within 60 days from the date of the written complaint. Both parties have the right to bring the unresolved issue to the attention of the regulatory body after 60 days of the complaint being filed with the representative.
- In the event that the CLIENT chooses to terminate this Agreement prior to submitting the application to the concerned governing body or during the course of processing CLIENT agrees that the professional fee is not refundable.
- In the event that PATHWAYVISAS chooses to terminate this Agreement in accordance with the provisions of paragraph nine (9) of this Agreement, the full amount of the agreed fees as per paragraph fifteen (15) above will be non-refundable. The contract will be cancelled upon notice to the CLIENT by PATHWAYVISAS of its decision to terminate this Agreement.
If any part of this Agreement or the Application thereof to any person or circumstances is, to any extent, held or rendered invalid, unenforceable or illegal the remainder of this Agreement or the Application of such part to persons under circumstances other than those with respect to which it is held invalid, unforeseeable
Or illegal is not affected thereby and continues to be applicable and enforceable to the fullest extent permitted by law.
14. PROFESSIONAL FEES
- The CLIENT agree that he have applied under current rules and regulations, and he will not hold PATHWAYVISAS responsible for any future or retroactive changes introduced by Government.
15. Refund Policy
The Client(s) is liable to claim for a refund in a case where:
- PATHWAYVISAS has agreed that the company is satisfied to submit the client’s case after which the client’s case is returned with a negative decision
- Given wrong and untruthful advice with regards to his/her application/case resulting in a negative decision
- Unable to get Visa/Migration due to the company’s misguidance
- All refunds will include a 15% Deduction of Administrative Charges; the client will receive 85% of the amount paid out to PATHWAYVISAS.
Please note that a client will not be issued a refund in a case where:
- Should the client wish to end their agreement with the company before the time of PATHWAYVISAS submitting the clients Immigration and or Visa application; and/or
- Should after the submission of the application, the client’s eligibility be affected due to changes in the points structure made by the Government during the process of the application.
16. CLIENT’S COMPREHENSION OF THIS AGREEMENT
The CLIENT acknowledges that he fully understands the foregoing Agreement and has been given the opportunity to obtain explanations for any portions of the Agreement, which were unclear, or not understood by the CLIENT.
Any information, intellectual or otherwise (documents) provided by the client to PATHWAYVISAS will be kept confidential. Information and documents provided by the client will not be shared by any other party EXCEPT for any third party which is a part of the immigration process, such as government bodies or Immigration department and case officers.
- All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- Pathway Businessmen Services will not pass any debit/credit card details to third parties.
- Pathway Businessmen Services takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (https://pathwayvisas.com/) cannot guarantee the security of any information that is disclosed online.
- Pathway Businessmen Services is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.’
- The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
17. HONORING THE AGREEMENT:
In the event that the CLIENT doesn’t honor this agreement and doesn’t pay his / her financial commitment towards PATHWAYVISAS, PATHWAYVISAS has the complete right
to cancel this agreement immediately after sending notice to the CLIENT about that and the money Paid is Non- Refundable.
I have read and do fully understand the contents of this Agreement and do enter in to it with a complete understanding.