Terms and Conditions: Immigration Services

Last updated: 10 January 2024

Introduction

These terms and conditions govern the Immigration services ordered from us through our Website and services ordered from us other than through our 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 “Immigration Services Terms and Conditions” and these Terms and Conditions together with the Website Terms of Use shall be referred to as the “Terms and Conditions”). You should understand that by using this Website you agree to be bound by the Terms and Conditions and by ordering any of our services through the Website or otherwise you agree to be bound by the Terms and Conditions.

Please read these this legally binding document carefully. 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.

These Terms and Conditions are in the English language only.

You should retain a copy of these Terms and 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.

Definitions and Interpretation of terms

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

“Whytecroft Ford” refers to Whytecroft Ford Limited and the terms “we”,”us” and “our” or “WF” apply to Whytecroft Ford.

“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. A detailed description of what is included in your Service can be found at www.whytecroftford.com.

“Home Office” relates to the UK Government department that decides and issues visas to foreign nationals, in line with UK Immigration Law.

“OISC” relates to the Office of Immigration Service Commissioner who regulates us. Their details can be found at www.oisc.homeoffice.gov.uk.

“VFS Centre” relates to the visa application centre for visas to India.

“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 Whytecroft Ford which contains personal information of our clients.

“Website” means www.whytecroftford.com.

Information about us

The website (www.whytecroftford.com) is a site operated by Whytecroft Ford Limited (“we” “us” or “our”) a company registered in England and Wales under registered number 08381805 and whose office is at 450 Bath Road, Longford, West Drayton, UB7 0EB, United Kingdom.

Whytecroft Ford Ltd is a limited company registered in England and Wales under company no. 08381805.

We are regulated by the Office of the Immigration Service Commissioner (OISC) to provide UK Immigration advice and services at Level 1. Our OISC reference number is F201900075.

We are a member of the Immigration Law Practitioners’ Association (ILPA).

We are registered with the Information Commissioner’s Office (ICO), UK, reference number ZA769284.

Hiscox Insurance Company Limited is our provider for professional indemnity insurance.

Interpretation of services

Communications

When communicating with Whytecroft Ford either through secure email or via Client Login 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 email, sending a message through a secure email platform or by posting notices on this Website.

As far as possible, all communications should be done via secure email and Whytecroft Ford reserves the right not to respond to any query which is not sent through this medium.

Services, Pricing and Availability

We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however, please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on our website.

Age Restrictions

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.

Eligibility Assessment Questionnaire & Interview Questionnaire

The Eligibility Assessment Questionnaire is a list of questions which is completed via secure email or on our website. It determines whether you are eligible for a particular visa category for which you are taking the assessment.

The Interview Questionnaire is designed to gather additional information about you to assist us in providing you with a personalised visa application Service.

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 both the Eligibility Assessment Questionnaire and Interview Questionnaire. Once you have completed these steps, you can purchase one of the services that we offer.

Verification of the Client’s Information

Whytecroft Ford will not verify any information given by the client. We solely rely on your information and will assume that this information is accurate and complete.

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

Types of Immigration Services

Whytecroft Ford offers tailor-made services as per clients’ requirements. 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.

Please be advised that Whytecroft Ford provides immigration advice and services for cases that fall within the scope of the Immigration Rules. We do not offer advice or representation for complex cases, such as those based on Human Rights or Asylum claims.

Visa Document Checklist Service: The document checklist service includes a detailed list of documents required in the category you are applying for. This includes templates for the supporting letters.

Application Checking Service: This service entails a comprehensive review of the draft application and supporting documents that you have already prepared. We will provide detailed written feedback on the documents and advice on any issues with the documents or any further documents/ information/ amendments required in support of the application to ensure a successful outcome. Feedback will be provided based on the documents provided at the outset.

On-Phone Consultation: The On-Phone Consultation involves up to 35 mins over the telephone with one of our experienced consultants to discuss the eligibility and the application process involved. We will discuss the step by step guide as to how to apply for the visa and the documents required for the application. This service also entitles answers to any queries that you may have regarding their application. We will advise you of any issues that we can foresee and how to improve the chances of success.

In-Office Consultation: Our In-Office Consultation allows you to meet in-person with one of our experienced consultants for up to 45 mins to discuss the eligibility and the application process involved. We will discuss the step by step guide as to how to apply for the visa and the documents required for the application. This service also entitles answers to any queries that you may have regarding your application. We will advise you on any issues that we can foresee and how to improve the chances of success.

Full Representation Service: The Full Representation Service can be either postal or online. The postal service involves sending the application. The Full Representation Service involves managing your whole application from start to finish. One of our experienced consultants will be assigned to your application and they will prepare the application for you. We would be liaising with the Home Office on behalf of the client until the application is decided.

Fast Track Application Service: The Fast Track Application Service involves managing your whole application from start to finish including preparing and submitting your application within 24 hours of receiving the necessary information and documents from you. One of our experienced consultants will be assigned to your application and they will prepare the application for you. We would be liaising with the Home Office on behalf of the client until the application is decided.

Indian Visa Services – Preparing your documents with you, filling in the online form and booking your visa centre appointment on your behalf.

Period of Engagement of Service

Upon payment or upon acceptance of our Terms and Conditions either in writing (via post or secure email) or via digital signatures or agreeing by clicking the “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.

For our Full Representation Service, an engagement letter is issued to a prospective client for the purpose of confirming instructions, the aforementioned engagement letter shall remain valid for a period of 30 days. If a potential client does not engage our services within the aforementioned period, it shall be necessary to obtain a new engagement letter in order to engage our services.

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 Profile. The service delivery will depend on the type of service that you purchase.

Document Checklist Service: We aim to send your custom document checklist within 24 hours of receipt of payment.

Application Checking Service: The delivery of the service will be within seven (7) working days or as described in the engagement letter/email and will complete once feedback has been received by you via email.

Full Representation: For the Full Representation Service i.e. either postal or online, the delivery of service will take place as agreed in the initial engagement letter/email and will only complete once a decision on your application has been taken by the Home Office.

Fast Track Application Service: For the Fast Track Application Service i.e. either postal or online, the delivery of service will take place as agreed within the initial engagement letter/email and will only complete once a decision on your application has been taken by the Home Office.

On-Phone Consultation: The delivery of service will take place as agreed with the initial engagement letter/email and will complete once you have utilised the 45-minute consultation with one of our immigration consultants.

In-Office Consultation: The delivery of service will take place as agreed with the initial engagement letter/email and will complete once you have utilised the 45 min consultation with one of our immigration consultants.

Indian Visa Services: The delivery of service will take place as agreed in the initial engagement letter/email and will only complete once a decision on your application has been taken by the relevant Visa Centre.

Your Responsibilities

By accepting the Terms and Conditions, you agree to the following:

To do all things reasonably requested by Whytecroft Ford to assist the Immigration Consultant in providing the mutually agreed services.
To pay Whytecroft Ford 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 Whytecroft Ford throughout the engagement period.

The following are the specific responsibilities of the client:

To disclose any issues relating to good character including any fixed penalty notice, civil, criminal or any traffic offence.
To provide their contact details to Whytecroft Ford on the first contact and to continually notify Whytecroft Ford within 7 days of any change in their contact details including email, telephone or address details.
To provide further information and documents as requested by Whytecroft Ford and in case of deadlines, within 14 days of such request (or shorter period as notified by Whytecroft Ford in the event of a deadline).
To ensure that the documents supplied are original, accurate and genuine. Any legal or financial implications incurred by Whytecroft Ford as a result of the submission of fraudulent or false documents will be the liability of the applicant.
On submission of the visa application, the applicant agrees to not contact the issuing authorities on any matter specifically relating to their application. All enquiries of this nature should be first put through their dedicated caseworker/ consultant.
To inform Whytecroft Ford promptly of any urgent communication from the Immigration authorities or other authorities as appropriate.
To provide further information and/or documents at least two weeks before the submission deadline or at least one week before the deadline provided by UK Immigration Authorities.
Whytecroft Ford 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 thirty (30) days, it will be considered that the client has defaulted under the Terms and Conditions and Whytecroft Ford is entitled to suspend the Client’s file and no refund is payable for failure to continue with the application after this period.
For clients proving income: Clients claiming for self-employment are obliged to ensure that all documents reconcile exactly. All invoices must match the payments received in the bank account and the accountant’s letter must match the figures stated in the Profit and Loss statement if you are claiming earnings as a Sole Trader. If you are claiming earnings through a Limited company structure, you are obliged to ensure that all payments stated on the accountants letter match exactly with the dividend/salary payments received in the bank account.

Our Fees

Any fees paid to Whytecroft Ford 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 Home Office fees or the Government fees may change at any time prior to the submission of the application and it is your responsibility to pay the fees.
The VFS or the Government fees may change at any time prior to the submission of the application and it is your responsibility to pay the fees.
The full payment / deposit should be paid within five (5) working days of accepting the Terms and Conditions.
If the applicant chooses to pay by bank transfer, all transaction costs should be paid by the applicant. No surcharge will be levied for applicants that pay by UK credit cards, cheque or bankers draft.
If an applicant wishes to pay us through PayPal, then they will have to pay PayPal service charge, cross border charges (if applicable).
Please also note that fees quoted in this agreement are solely for the service agreed for your visa application, any alternative service would incur a separate charge for which we would provide you with a written quote.
Please note that our professional fees, does not include any elements of Home office fees, visa fees or any other disbursements where applicable such as translation fees, NARIC fees, courier fees etc.

No Guarantee of outcome

Based on our experience and qualifications we endeavour to provide a high standard of Immigration services, however, we do not provide a guarantee of the outcome as the ultimate decision on your immigration application lies with the Home Office. In the event your immigration application is refused, you shall not be entitled to a refund.

Refund Policy

Upon receipt of payment, the Client is deemed to have engaged the Services of Whytecroft Ford. Our Service is our professional advice and expertise in relation to your visa application.

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.

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

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 as set out in Your Responsibility section.

All refunds will be paid out together with all original documents that you may 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 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.

If you have paid for a service that is unavailable, you will be entitled to a full refund.

UK Visa Document Checklist

If you submit a written refund request via secure email or through the Client Login Area before the commencement of the service, you will be entitled for full refund.

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

Application Checking Service

If you submit a written refund request via secure email or through the Client Login Area before the commencement of the service, you will be entitled for full refund.

Full Application Guide

If you submit a written refund request via the secure email channel or through the Client Login Area 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.

Full Representation

If this agreement is terminated by the Client or Whytecroft Ford, then Whytecroft Ford will refund the following fees to the client depending on the stages of the application process:

Engagement Stage: after payment has been received, fees entitled by the client will be 80% of the fees paid.

Detailed Assessment Stage: fees entitled by the client will be 40% of the fees paid.

Review of Documents Stage: fees entitled by the client will be 10% of the fees paid.

Submission of application to the UK Immigration Authority: No refunds will be issued.

On-Phone Consultation

If you submit a written refund request via secure email or through the Client Login Area before the commencement of the service, you will be entitled for full refund.

In-Office Consultation

If you submit a written refund request via secure email or through the Client Login Area before the commencement of the service, you will be entitled for full refund.

Form Filling Service

If you submit a written refund request via secure email or through the Client Login Area before the commencement of the service, you will be entitled for full refund.

Indian Visa Application

If this agreement is terminated by the Client or Whytecroft Ford, then Whytecroft Ford will refund the following fees to the client depending on the stages of the application process:

Engagement Stage: after payment has been received, fees entitled by the client will be 80% of the fees paid.

Detailed Assessment Stage: fees entitled by the client will be 40% of the fees paid.

Review of Documents Stage: fees entitled by the client will be 10% of the fees paid.

Submission of application to the Visa Centre Authority: No refunds will be issued.

Complaints

Whytecroft Ford 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. Whytecroft Ford is committed to resolving all clients’ complaints quickly and effectively. If our service has not met your expectations, or you have a concern with Whytecroft Ford, 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 (3) 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 Whytecroft Ford.

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.

In the event that you are dissatisfied with a complaint resolution, or if you do not wish to make a complaint directly to Whytecroft Ford, a complaint can be lodged directly by email to info@oisc.gov.uk or post to Office of the Immigration Services Commissioner, PO Box 567, Dartford, KENT, DA1 9XW, United Kingdom.

Liability

We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

Whytecroft Ford is not responsible for the safety of the Clients documentation, whilst in transit to and from the Home Office and whilst in transit to or from the applicant. Furthermore Whytecroft Ford accepts no responsibility for damage or loss to documents whilst they are in the possession of the Home Office.

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

The liability of Whytecroft Ford arising from negligence by the company or an individual employee, is 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, or
for any reasonable reason as deemed by Whytecroft Ford.

The termination of the Contract (howsoever arising) will be without prejudice to any rights and remedies which may have accrued to either party.

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

The Client may terminate the agreement by giving us written notice through our secure email channel or via the Client Login Area at any time during the period of engagement.

All refunds will be given to clients 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 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 at 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 these Terms and Conditions

Without prejudice to our other rights under the Terms and Conditions, if you breach the Terms and Conditions 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

Whytecroft Ford 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 Terms and 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 Terms and Conditions.

Client understands that the OISC may inspect their file in order to perform their regulatory function.

We have the right to revise and amend these Terms and Conditions from time to time.

You will be subject to the policies and Terms and Conditions in force at the time that you order Services from us, unless any change to those policies or these Terms and 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 Terms and 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 Terms and Conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Results).