Term
This Retainer Agreement will be effective upon execution of this Retainer Agreement and shall continue for a period of 1 year referred as “Retainer Period” from the date of execution. The Retainer Period may be extended by a separate agreement signed by both Parties.
Duties of the client
The Client shall be responsible for the performance of the following duties:
- Provide valid contact information, including email, telephone and mailing addresses, and immediately notifies the Consultant in the event of any changes therein.
- Follow the Consultant’s reasonable advice to maximize the possibility of a favorable consideration of the application by the competent authorities.
- Immediately disclose to the Consultant all information related to any and all current or prior criminal proceedings against the Client.
- Provide all information and documents requested by the Consultant and/or the competent authorities, in a timely, accurate, honest and forthright manner.
- Demonstrate possession of sufficient unencumbered funds so as to support the application towards the purpose herein contained;
- Immediately inform the Consultant of any and all written, electronic or telephonic communication received by the Client from the competent authorities.
- Attend all interviews if called upon by the competent authorities.
- Pay to the Consultant all the fees in accordance with this Retainer Agreement.
- If client submits any forged documents or misrepresent any information to embassy or concerned authorities then Trivial Chapter will not be responsible for any further liabilities on VISA rejections and in all such scenarios no refund will be given.
Applicable Law and Dispute Resolution
This Retainer Agreement should be interpreted in accordance with the laws of India and shall be subject to the exclusive jurisdiction of courts in Gurgaon, Haryana.
Entirety of Agreement
This Retainer Agreement contains the entire Agreement between the Parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous written or oral agreements, proposals, negotiations, understandings, and representations pertaining to the subject matter herein
Limited Liability & Indemnity
- The Consultant and its employees, agents and directors shall not be liable for any damages whatsoever relating to the services it performs for the Client.
- In no case notwithstanding anything contained herein the maximum liability of the Consultant for any and every exemplary, punitive, special, inconsequential, indirect and every other liability shall be limited to the amount of fee paid by the Client as per the proposed amount as per the Service fees and Payment Structure/Schedule clause excluding all the deductions, charges, costs and taxes applicable on the same.
- The Client hereby agrees to defend and indemnify the Consultant and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- The Client’s breach of this Retainer Agreement or the documents referenced herein;
- The Client’s violation of any law or the rights of a third party; or
- The Client’s use of the Services of the Consultant herein
- The Client hereby agrees and accepts and confirms to indemnify the Consultant and keep indemnified the Consultant, harmless from any claims, losses or damages arising out of and resulting from the act or omissions of the Client in relation of this Retainer Agreement.
- During the entire process if any Government rules and regulation changes with regards to process or program or Any War or unforeseen event like Earthquake, Typhoon, Cyclone or similar natural calamity take place and delaying or effecting process then Trivial Chapter is not held responsible for such scenario and no refund is applicable in that situation.
- In case of Visa rejection refund will be provided after deducting 10% of the proposal amount and GST as applicable.
- If client want to self-withdraw from process at any point, then no refund is applicable.
- If client want to pay in current account then 18% GST would be applicable which client has to bear
- If Client submits any forged documents or conceals or misrepresents any information to embassy/Trivial Chapter or any concerned authorities involved in the process then Trivial Chapter will not be liable for any further liabilities arising out of such concealment, misrepresentation or forgery for instance, VISA rejection, and all such scenarios no refund will be given.
- "Notwithstanding anything to the contrary contained anywhere in this Agreement, the Client acknowledges and accepts that it has made complete and accurate disclosures to the Consultant in respect of its credentials and eligibility to apply for the visa, including but not limited to disclosures about any past visa rejection, overstay in any country, previous deportation, educational qualifications etc. The Client expressly agrees that any failure on its part to comply with the terms hereof shall result in an immediate termination of this Agreement, without any obligation upon the Consultant, and in such an event, the Consultant shall be entitled to forfeit the entire amount paid by the Client under this Agreement, which shall be in addition to the Consultant's other rights and remedies in law."
- During the entire process if Client fails to duly comply with the terms of this Retainer Agreement at any point of time then entire contract will become null and void against the Client and no refund claims will be entertained by the Consultant in such scenario.
