The definitions in this clause apply in these terms and conditions.
Additional Charges: any additional sums charged by FIRST VISA for the Service over and above the Charges;
Additional Official Fees: any additional sums charged by the Institutions; over and above the Official Fee;
Charges: the sum charged by FIRST VISA for the Service and as specified on FIRST VISA's price list on its website for the time being;
Client: the person or organisation submitting the Order Form;
Confirmation of Acceptance: correspondence by way of letter, email or fax to the Client confirming FIRST VISA’s acceptance of the Order;
Documents: Visa, passports and other related documents.
FIRST VISA: First Visa Consular Services Limited;
Information: all information provided to FIRST VISA by the Client including but not limited to data and Documents which may include sensitive and personal information under the Data Protection Act 1998;
Institutions: embassies, consulates, passport offices and other similar or related institutions;
Lodgement: the time at which FIRST VISA has lodged with an institution an application for a Document on behalf of the Client, pursuant to the Order;
Official Fees: any sums charged from time to time by the Institutions;
Order: the Client's request for the Service as specified on the Order Form;
Order Form: the FIRST VISA form (either electronic or paper) to be completed by the Client;
Processing Fees: means the fee charged by FIRST VISA to process the Client's Order as notified to the Client by FIRST VISA from time to time;
Service: the processing of the Order including receiving Documents from Clients and obtaining Documents from Institutions by FIRST VISA;
Website: FIRST VISA's website found at www.firstvisas.co.
Basis of supply of the Service
The Client will submit the Order Form to FIRST VISA, and FIRST VISA will, at its discretion accept the Order by issuing a Confirmation of Acceptance to the Client. FIRST VISA reserves the right to refuse any Order.
FIRST VISA will endeavour to provide the Service according to the Client's instructions given with and on the Order Form
Where Documents are to be obtained from Institutions for travel purposes the Client is responsible for ensuring that the Documents requested and obtained will be valid for the period(s) of time in which the Client plans to enter and leave the relevant country or countries, and for the number of entries to that country or countries.
The Client is responsible for ensuring that any Documents obtained from Institutions are valid for the purpose intended.
FIRST VISA will make a maximum of  visits to any Institution without Additional Charge. Each further visit to an Institution will be charged for at the rate shown on FIRST VISA's website for the time being the Website from time to time.
FIRST VISA will use its reasonable endeavours to provide accurate and reliable information in good faith to Client's on the express understanding that such information is FIRST VISA's interpretation of any information provided to it by Institutions.
Requirements of Institutions and Official Fees are outside the control of FIRST VISA and may be subject to change without notice. FIRST VISA shall not be responsible, nor accept liability for any errors and/or omissions in information supplied to it by Institutions.
Cancellation and Refunds
Where an Order is cancelled by the Client before Lodgement, FIRST VISA will return to the Client all Documents that had been provided to it by the Client and will refund to the Client any monies paid by it to FIRST VISA less any Additional Charge for administration as specified on the Website.
Where an Order is cancelled by the Client after Lodgement, FIRST VISA will return to the Client all Documents that had been provided to it by the Client and no Charges or Additional Charges will be refunded, except in accordance with clauses 5.3 and 5.4.
Where an Order is cancelled by the Client after Lodgement and the Client has paid Official Fees in advance, refund of the Official Fees to the Client is dependent on FIRST VISA first receiving a refund of the Official Fees from the Institution. In the event of cancellation after Lodgement, the Institution may charge Additional Official Fees, which may not be refundable.
Where an Institution provides a refund of Official Fees when an application is denied, FIRST VISA shall make all reasonable attempts to pass on those refunds to the Client minus any Processing Fees that FIRST VISA may apply at its discretion, at either the exchange rate at the date of refund, or the exchange rate at the date payment was made by the Client, whichever is less.
Any times stated by FIRST VISA for the provision of the Service are approximations, based on FIRST VISA's experience with the Institutions and are not guaranteed. Time for delivery of the Service shall not be of the essence.
Where Documents are required for travel purposes, tickets for travel should not be purchased by the Client prior to the Documents being issued, unless such purchase is a requirement of the relevant Institution, and in such circumstances the Client is responsible for ensuring that open tickets are purchased.
Unless otherwise specified, FIRST VISA will send the Documents to the Client by Royal Mail Special Delivery and subject to the conditions thereof. Where delivery by another delivery service provider is specified on the Order Form by the Client, FIRST VISA shall use its reasonable endeavours to appoint a reputable delivery service provider, and delivery of the Documents shall be subject to the conditions thereof.
FIRST VISA shall not be responsible for any loss, delay, damage or destruction of Documents incurred by the selected service provider.
Privacy and Data
Terms of payment
FIRST VISA reserves the right to alter its Charges at any time. Where FIRST VISA has issued Confirmation of Acceptance, the Charges payable shall be the Charges stated on the Order Form and/or stated at the time of issuing Confirmation of Acceptance.
Payment of the Charges and Official Fees is due on the submission of the Order Form, unless otherwise agreed in writing or unless accounting facilities have been agreed in writing. Where accounting facilities have been agreed, monies due to FIRST VISA are payable 28 days from the date of the FIRST VISA invoice.
Unless otherwise agreed or where accounting facilities have been agreed, interest will be charged on all amounts outstanding over 28 days at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Interest must be paid together with the overdue amount.78.4
Payment can be made by cheque, postal order and debit or credit card. A 5.00% charge will be incurred on all credit and debit card transactions for paper applications and a 2.7% charge will be incurred on all credit and debit card transactions for online applications.
Where Additional Official Fees and/or Additional Charges are incurred, these shall be payable by the Client upon notification by FIRST VISA.
Where Additional Official Fees and Additional Charges become due, FIRST VISA reserves the right to retain all Documents until payment is received in full.
Limitation of liability
FIRST VISA will use its reasonable endeavours to provide the Service. FIRST VISA shall not be responsible for nor accept liability for loss, delay, damage, destruction or non-issue of any Document whatsoever or howsoever caused by any Institution or delivery service provider or other third party.
FIRST VISA shall not be responsible for nor accept liability for expense or delay arising from or in connection with (to include but not exhaustive of): (i) incomplete Order Forms; (ii) incorrectly or falsely completed Order Forms; (iii) inaccurate or incomplete supporting Information; (iv) acts of God, weather conditions, acts of public enemies, war, strikes, acts or omissions by public authorities. Any sums incurred in the circumstances set out above shall be the responsibility of the Client.
FIRST VISA does not warrant any specific time for performance and shall have no liability in respect thereof.
In the event that a Document is lost, damaged, delayed or destroyed by any means whatsoever during the course of Service, where the loss, damage, delay or destruction is due to the negligence of FIRST VISA, damages shall be limited to the lower of the replacement cost of the Document or �200.00 per Document.
The Client acknowledges that FIRST VISA shall be in no way liable for the Client's failure to comply with the necessary travel requirements for the Client's trip,
No waiver by FIRST VISA of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provisions.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
These terms and conditions shall be governed by the laws of England, and the Client agrees to submit to the non-exclusive jurisdiction of the English Courts.