Terms and Conditions
Dated June 1st, 2009
1.1. “Applicant” shall mean the person/company for whom any Services are performed or/and person registered as User on www.visalink-russia.com, other person/company benefiting from any Services rendered
1.2. “Documents” shall mean the passport, application and supporting documentation provided by the Applicant to the Company.
1.3. “Services” shall mean the carriage and/or service performed or arranged by Visalink pursuant to, or ancillary to, this contract with the Applicant.
1.4. “Subcontractor” shall mean and include:
1.4.1. Any other person or company with whom the Visalink may arrange to effect any Service which are the subject of this contract.
1.4.2. Any person or company which is now or hereafter a servant, agent, employee or subcontractor of any of the persons or entities referred to in (a) above.
1.5. “Visalink” shall mean the operator of the www.visalink-russia.com web-site, it affiliates, subsidiaries, agencies, including payment agencies and operators, its employees, servants, subsidiaries and associated entities.
1.6. Words importing the singular include the plural and vice versa and words importing any gender include all genders and words importing a person include firm and corporation where appropriate.
2. APPLICATION OF THESE TERMS AND CONDITIONS
2.1.These terms and conditions govern your use of the services of Visalink, all applications and enquiries you make, and all enquiries you make for advice or information concerning the Services.
2.2. Each Applicant hereby accepts and confirms that, prior to submitting any application to Visalink and/or placement of any other order to Visalink; they have read, understood and agreed to be bound by, without limitation or qualification, all of these terms and conditions.
2.3. No employee of Visalink and/or its partners has any authority whatsoever to change, amend, amplify or withdraw any or all of these terms and conditions without prior written approval from Visalink.
The Applicant AGREES to the following Terms and Conditions:
3.1. Subject to and in accordance with the terms and conditions and instructions contained in this contract, the Visalink agrees and the Applicant hereby employs and authorizes the Visalink, as agent for the Applicant to contract either in its own name as principal or as agent with any Subcontractors for the performance of any Service to be performed or arranged by the Visalink pursuant to or ancillary to, this contract. Any such contract may be made on any terms of contract whatsoever used by the Subcontractor with whom Visalink may contract for such Service and may be upon any terms and subject to any conditions of any special contract which the Subcontractor may in any particular case require including in every case terms which may limit or exclude liability in respect of the Service and any term that the Subcontractor may employ any person or company for performance of the Service.
3.2. Visalink will render Services with reasonable care and skill and in accordance with all procedures usually and normally applied for these Services.
3.3. Visalink does not guarantee to detect errors/mistakes with any documents, forms and any others information provided by the Applicants.
3.4. Visalink does not undertake to verify any information provided by Applicants, which the Applicants are responsible for ensuring is accurate.
4. WARRANTIES AND ACKNOWLEDGEMENTS BY THE APPLICANT
The Applicant agrees, warrants and acknowledges that:
4.1. It is the responsibility of all Applicants to read carefully and understand the requirements set out in the application forms, complete all applications forms truthfully, to provide correct and accurate information and documentation, to ensure that they provided Visalink with a valid documents and truth information.
4.2. The request of the Applicant for the performance of any Service shall not be in breach of any law.
4.3. The final decision to grant or deny any application for a visa invitation and/or visa, registration or/and other services requested by Applicants on www.visalink-russia.com is a decision of the entitled states bodies and/or embassy or consulate and as such is outside the control of the Visalink.
4.4. The Applicant requests and authorizes Visalink to act and perform as the agent in the performing the Services without any liability. As the granting, or the denial of visa invitation and/or visa(s)/registration/other services is entirely up to the discretion of the issuing state body, embassy or consulate Visalink does not guarantee approval.
4.5. The responsibility for the accuracy of the information provided by the Applicant to Visalink is solely that of the Applicant.
4.6. Service and any other fees will be charged once processing is started, even if the any request of the Applicant for visa invitation and/or visa request and/or registration and/or other services is denied by the state bodies, embassies or its official representatives or cancelled by the Applicant.
4.7. Charges including any additional charges, are the responsibility of the Applicant or their representative, are due and payable immediately, may be collected without notice, and may not be refunded. In the case of a cancellation, a fee of 100% of Services cost per Applicant will be charged. It means that there is no cancellation rights granted to the Applicants. Visalink does not assume any liability for delayed, lost or stolen documents and/or passports.
5.1. Fees stated are only valid on the day that they are quoted or provided by Visalink. If you decide to make your application on a later date, the fees may change.
5.2. All fees must be received in full under the available payment options as cleared funds for the application to be processed. Except refund policy stated below, all fees are not refundable.
6. PROCESSING TIMES
6.1. The processing times for Services are estimates only. These are based on information and experience of Visalink only.
6.2. The processing of Services is subject to the procedures and timescales of official and state bodies, over which Visalink have no control. Dates specified for completion of the Service are estimates only and Visalink shall not be liable for failure to complete the Service on such date or dates.
7. CHANGES TO PROCEDURES AND FEES
7.1. The procedures and fees of states bodies/embassies/consulates for the processing of related Services are outside the control of Visalink and subject to change without prior notice.
7.2. Visalink does not accept responsibility for any changes in procedures and/or fees and reserves the right to pass on any increased fees.
8. REFUND POLICY
Visalink offers money-back guarantee, refunding full cost of Services if the Applicant is unable to use the visa invitation and/or other result of Services in consequence a fault of Visalink. If Visalink is in breach of contract or negligent in relation to any Services provided, resulting in the visa invitation and/or visa not being granted or loss of any Applicant’s document, in each case, wherein the Applicant has to apply for a new document or cannot travel to Russia at the times stated by the Applicant in his/her application, Visalink will refund to the Applicant the only amount of the fee paid to Visalink.
Except for the refund of fees as stated in the "Refund Policy" section above, Visalink excludes its liability in connection with any Services rendered, including (without limitation) liability in or under contract, negligence, tort, statute or otherwise howsoever, and including (without limitation) liability for any default, negligence, delay or failure of Visalink in advising on, providing information on, handling or processing of Services, loss of or delay to passports and other documents, delays involving states bodies/embassies/consulates the, and rejections of issuing of visa invitation/visa(s) and other documents for any reason.
To avoid any doubts it means:
No Visalink’s Liability for Incorrect Information
Visalink shall have no liability for loss, delays or non-issuance of any application arising from or in connection with (to include but not restricted to) incomplete application forms/other documents, incorrectly or falsely completed application forms/other documents, and inaccurate or incomplete supporting documentation.
No Liability for Events Not In Our Control
Visalink shall not be considered to be in breach of contract or negligent or otherwise liable in any way for any delay or failure of any application or loss, damage or delay to any passport or other documents due to accident, theft, natural calamities (act of god) or any other reason outside the control of, and not arising out of a willful default of, Visalink, or for the loss or damage to any passport or other document after it has been handed over to the applicant.
No Liability for Postal and Courier Service
Visalink shall have no liability for any delays, or for loss of or damage to any visa application, passport or other documents, caused by, or occurring whilst any application, passport or document is in the possession of, any third party postal or courier service, including transportation of visa applications, passports or other documents between Visalink and states bodies/embassies/consulates, and when being returned by Visalink to the Applicant.
No Liability for Assessment of Visa Applications
Visalink is not involved in the process of assessment of visa applications and/or registration, or their grant or refusal, and shall not be liable or responsible for any delay by the Embassy of the Russian Federation or a Consulate General of Russia and/or other state bodies in assessing, granting or refusing any visa application/registration, or for the grant or rejection of any visa application/registration, or for the Embassy of the Russian Federation or a Consulate General of Russia requesting further information from the visa applicant.
No Liability for Wasted Costs and Expenses
Visalink shall have no liability (including for breach of contract or negligence) to any Applicant, or any other person relying on or benefiting from any visa application, for any commitment, cost or expenditure incurred in reliance on or anticipation of receiving a visa and/or registration, whether within a particular timescale or at all, including but not limited to air travel, hotel, and other travel and accommodation arrangements, and any other arrangements made.
General Exclusion of Loss and Damage
Visalink shall have no liability to any Applicant, or any other person relying on or benefiting from any Services rendered, for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever due to delay, misplacement, loss or damage of applications, passports and other documents, or due to negligence or breach of contract in connection with any order/application or any advice or information given in relation to any Services rendered.
Visalink shall have no liability to any Applicant or any other person relying on or benefiting from any Services rendered for any loss of profit, revenue, contract, opportunity or business, wasted expenditure, additional expenditure, or any other business or occupation related loss or damage, suffered or incurred as a result of delay, misplacement, loss or damage of applications, passports or other documents, or due to negligence or breach of contract in connection with any Services rendered or any advice or information given in relation to any Services rendered.
10. APPLICABLE LAW
These terms and conditions shall be governed and construed in accordance with the laws of the Russian Federation. Any claims or disputes arising in relation to the services provided by Visalink to the applicant shall be subject to the exclusive jurisdiction of the courts of the Russian Federation.
Please address any complaints to Office 226, 15 Bolshoy Cherkassky Pereulok, Moscow, Russia 109012.
12. OTHER PROVISIONS
12.1 Visalink’s hours of trading, Monday - Friday 10.00 am to 5.30 pm Moscow time excluding public holidays.
12.2. For postage we recommend international courier services like FedEx, DHL, TNT. However, we cannot be made responsible for any loss or damage whilst your documents are in transit to or from us.
12.3. Visalink endeavours to start processing with Services next business/working day after receiving of documents and/or necessary information and due payment for Services rendered.
12.4. Working languages are English and Russian. All correspondences and enquiries in other languages would not be answered.
13. CHANGES TO THESE TERMS
Visalink, in its sole discretion, may change, amend, cancel or withdraw any or all of these Terms and Conditions at any time without any prior notice.
14. LAW AND JURISDICTION
Any dispute arising under this contract shall be governed by the laws of the Russian Federation.