1. Introduction and Acceptance; Scope of Services
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND/OR RECEIVING THE SERVICES OF GLOBAL ACCESS IMMIGRATION SERVICES. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME) AND/OR RECEIVING THE SERVICES OF GLOBAL ACCESS IMMIGRATION SERVICES, YOU ARE AGREEING TO COMPLY WITH THIS AGREEMENT (AS DEFINED BELOW), WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE, AND DO NOT AGREE TO RECEIVE THE SERVICES OF GLOBAL ACCESS IMMIGRATION SERVICES.
This agreement (this “Agreement”) shall govern the relationship between you, our customer (referred to as “you” or “Client” in this Agreement) and Global Access Entertainment Worldwide, Inc. located at 3435 Wilshire Boulevard, Suite 1400, Los Angeles CA 90010 (“we”, “us” or “Global Access”) for provision of certain services by Global Access as detailed herein and selected by you. If you are a consumer within the meaning of any local law, e.g. Consumer Protection Act (“Consumer”), then additional rights may be available to you and will be specified in this document. If you are not a Consumer, you confirm that you have the authority to bind any business on whose behalf you seek to purchase services. This Agreement shall include certain terms and conditions specified on the relevant Global Access website, including the Global Access Privacy Policy, which, when taken together, are exclusive in relation to Global Access’ services, and are incorporated into this Agreement by reference. Other general terms and conditions do not apply and do not form part of this Agreement between us, even if we do not explicitly reject them. This Agreement and its terms and conditions are subject to change without prior notice, except that the terms and conditions of the version of this Agreement in force at the time you place or modify an order will govern the order in question. United States Visa Department services are subject to the terms and conditions of the U.S. Visa Department agreement and not this Agreement. For the avoidance of doubt, if we provide services to you, you are our customer and this Agreement shall apply.
The primary services provided by Global Access are to assist you in obtaining visas and other travel documentation for both foreign and domestic travel, including: passport services, visa services, foreign work permits/immigration, and foreign-entry clearance coordination (“Travel Documents”). In your specific proposal (which may be modified over time, as needed), we describe documents, forms, and other information (“Information”) that we need you to provide in order for us to timely achieve your goals. Then we are able to submit these documents and forms duly completed by you and Global Access, to the authorities or appropriate bodies. If we refer you to any other service provider, you take responsibility for reviewing any services provided, and that service provider’s terms and conditions will apply for their services. You acknowledge and agree that we do not accept any liability whatsoever for third-party services, and this Agreement will not apply to those services. Should you wish to obtain legal advice regarding domestic or international travel or immigration, you should seek independent legal advice from an attorney of your choice. After your initial inquiry into our service, we will communicate with you over email, which will contain, among other things, our proposed timelines, a list of regulations, etc. (“Requirements”) based on the information and details provided to us by you. You must notify us by email that you accept our terms prior to our commencement of services. The agreement between both of us is formed when you send us an acceptance via email or by other means of acceptance we may provide you.
This Agreement shall apply to any offer and any agreement between you and Global Access and to the provision of any service provided to you by or on behalf of Global Access in respect of, but not limited to, the Travel Documents created and submitted for you or on your behalf.
2. Procedure
Global Access relies upon the Information provided by you. Global Access endeavors to provide you with a list of needed items in order to develop an accurate submission to apply for your travel documents in a timely manner. Nevertheless, you should remember that all Requirements to obtain the travel document are calculated based on general criteria and can vary according to information provided by you such as: current or previous nationality, residence, gender, age, profession, recent travel, religion, etc. You should also remember that the issuing authority may change any Requirements without notice or require additional specific information from you. Global Access will inform you as soon as practicable of such changes and additionally required information.
3. Submission of documentation
You can consult the list of Requirements to be met in order to process your travel document which will be sent to you via email. You must promptly and fully provide all Information requested by Global Access in order for Global Access to render the desired services.
Subject to the terms and conditions of this Agreement, Global Access will only process the Travel Documents indicated in your request; it assumes no responsibility for other visas or other documentation required for your trip that have not been requested or which relate to stops on your trip.
Once your request(s) has/have been made to Global Access, Global Access shall send to the email address provided by you, an email with the specific conditions of the Travel Documents requested (e.g., type of visa, destination, time frame, etc.) and required Information necessary to fulfill that request. On receipt of the requested documentation, your requests will be validated and Global Access shall commence the submission to obtain the passports and/or visa(s). Under certain circumstances, we may add to the list of Requirements. It is your responsibility to check your given email address frequently and to notify us promptly of any email address change. You acknowledge and agree that Global Access reserves the right to refuse service to anyone at any time for any reason.
4. Obtaining the Travel Documents
When Global Access returns your passport and documents to you, it is important that you confirm that all of the visas or other Travel Documents you need for your travel have been obtained, that visas for each country you intend to visit are: valid for the dates of arrival and departure from the country/region of your visit and for the purpose and nature of your visit (tourism, business, study, etc.), issued photo and full personal and other relevant details are truthful, accurate and complete. You must notify Global Access immediately by email if you identify any discrepancy in your documentation. Failure to notify us may result in your Travel Documents being rejected or deemed incomplete.
The issuance of a visa depends exclusively on the issuing authority, and immigration officials in each country of issuing authority have the final decision to admit entry into the country or region, even when all of the stipulated Requirements have been met. Global Access does not guarantee that the issuing authority will issue the visa in a timely manner and within the specified time frame; therefore, Global Access fees will be collected for the completion of procedures required for this order. Non-refundable travel fares or reservations should not be purchased until all visas have been obtained. Global Access does not have special relationships or any special influence with and cannot obtain special favors from any issuing agency, employee or official that may be involved in your matter.
5. Delivery
Global Access will send completed Travel Documents domestically by FedEx Priority Overnight with Adult Signature Requirement to the address you provide, and outside the USA by FedEx International Priority or DHL with Signature Requirement, unless otherwise instructed. A delivery charge will be added to your order, should the Client not provide a corporate shipping account. Global Access is not responsible for delays, should no one be available to sign for documents. All third-party delivery companies are subject to the conditions set by these individual delivery companies. Global Access accepts no liability for loss or delays incurred when using third-party delivery companies.
6. Additional Services
Global Access may offer or be required to provide additional services in order to meet deadlines and Requirements set forth by issuing authority and your travel schedule, including but not limited to visa requirements of the destination country, photo service and editing, obtaining flight and hotel itineraries, travel insurance and other consulate requirements, drafting of statements/declarations, banking related charges, notarization services, third party vendors, shipping/courier costs, and passport services. If so, the description, rates and relevant terms for those additional services are listed on the Supplemental (Non-Scope) List of Services and Fee Schedule (the “Fee Schedule”) and as provided to the Client by email, and, as such are incorporated into and are subject to the terms and conditions of this Agreement.
7. Fees and Cancellations
Global Access services shall be those specified in your specific proposal or by email, including any charges and fees charged by an issuing authority or any courier or delivery service, all of which must be paid by you.
Once Global Access submits a travel document request to an issuing authority on your behalf, Global Access' service fees are non-refundable and non-transferable.
Consular fees and availability of services are subject to change without notice. Fees and services may differ between the time the order is placed and when the order is completed. Global Access will endeavor to communicate any changes to the Client where possible. Global Access reserves the right to select, in its sole discretion, the most appropriate service available given the time constraints as indicated by the Client. Client acknowledges and agrees that Client is solely responsible for any increased consular fees.
All fees paid to an issuing authority by Global Access on your behalf are non-refundable and non-transferable. In the event that a visa or passport application is submitted on your behalf and the request is rejected or denied for any reason, Global Access will, at your request, or if deemed appropriate, make additional attempts to secure the travel document. You will be required to pay any additional fees assessed by the issuing authority and if the additional attempt is needed due to an error made by the Client on a visa application Global Access may charge an additional submittal service fee as described in the Fee Schedule.
Orders for additional visas which were not submitted at the time of original project commencement (“Late Additions”) may be charged an additional administrative service fee, and may not meet schedule of other visas being processed. You acknowledge and agree that Global Access service fees may vary according to the number of business processing days available to procure the service. Consulate closings and holidays are excluded.
Orders cancelled before submission to issuing authority will be assessed by Global Access' service fees as set forth in the Fee Schedule. In the event of such cancellation, Global Access will be entitled to retain a reasonable fee commensurate with the services, as Global Access determines in its sole discretion, rendered plus the amount equal to any costs already incurred. Once the application has been submitted to the appropriate government agency full fees will apply.
Inquiries that are made to Global Access via email but not confirmed or submitted to a Global Access office for processing within the time stated will be considered cancelled. Global Access requires not more than a seventy-two (72) hour response time period from the date of our initial rate proposal and not more than a twenty-four (24) hour response time from the date of our initial rate proposal for rush-related filings.
In some cases, it may be required to provide a written authorization from the actual applicant when related to sensitive or issuing authority’s Requirements in order to oversee, coordinate services requested.
8. Fees and Invoicing
Global Access’ service fees (“Service Fees”) are separate and distinct from the fees payable to the necessary governmental agencies. The initial estimate of Service Fees is based on the Information provided by you, and current, known fees of the applicable issuing agencies. Global Access’ initial Service Fee estimate is based on known costs including but not limited to Published fees charged by the applicable issuing agency, banking and currency conversion related expenses, shipping/courier costs, and travel insurance. Global Access reserves the right to modify or change its Services Fees estimate based on a number of factors related to obtaining your requested Travel Documents, including but not limited to new or updated Information you provide.
Any additional fees and expenses, or fees and expenses not listed above, will be added to the final invoice upon completion of services. The final charges may be greater than the initial estimate of Service Fees, due to various unforeseen events, including but not limited to changes in: issuing agency fees, personnel changes, number of Travel Documentation submittals, travel to and from consulates, incurred reimbursable expenses, upgrades and/or rush services, consulting services and Client’s failure to provide accurate or outdated information and/or documentation in a timely manner.
The Service Fees and other related fees quoted herein have been estimated by Global Access for deposit purposes only. The deposit is not a final invoice and may not reflect the actual costs of the services provided by Global Access, which are in part based on ever-changing immigration requirements. Global Access charges fees based on actual time and costs incurred, some of which may be out of our control. Time charges and costs incurred may also be dependent on the quality and timeliness of the Information you provide. Changes to your order may also increase the time and costs associated with your file and may result in additional charges. In general, responding timely and fully to our requests can avoid additional Service Fees and related fees. We will endeavor to keep you updated on the progress of your services and we may, from time to time, submit to you progress invoices based on updated actual time and costs incurred, as well as estimated additional time and costs. You will be issued a final invoice upon the completion of all services at which time your balance is due and payable in full, as set forth below.
9. Payments
Payments of all Service Fees and all other related fees must be received in U.S. dollars in immediately available funds via credit card, ACH/wire transfer, mailed check or cashier’s check by specific deadlines stated in the confirmation communication provided to Client by Global Access’ Accounting Dept. or company representative upon Client’s request for Global Access to commence services on the specific immigration/visa/passport services, without any deductions for taxes, fees or other charges or amounts of any kind, and without any other reductions, withholdings or offsets of any kind or for any reason whatsoever. Payment is due within twenty-one (21) days of invoice date, unless otherwise specified by Global Access as payment may be required sooner.
Global Access does not begin projects and/or submit to consulates without receipt of deposit and one hundred percent (100%) of estimated fees paid to the governmental agencies, or, for approved customers, guarantee by verified Credit Card.
Any amounts due and payable to Global Access that are not paid to Global Access when due shall accrue interest at the rate of one and one half percent (1.5%) compounded monthly beginning ten (10) days from the original due date of that given payment or invoice.
Payment is ultimately the responsibility of the Client, who authorized and or confirmed our services. Global Access shall have the unilateral right to terminate this Agreement with immediate effect if Client fails to satisfy the terms and conditions of this paragraph 9.
10. Travel Document Processes; Expectations; Disclaimers
Client acknowledges and agrees that Global Access is not a law firm and its personnel are not attorneys and as such do not perform the legal services that an attorney performs. Global Access cannot give legal advice or provide legal services to the Client in this immigration matter. Global Access performs all the non-legal services necessary to obtain the proper Travel Documentation for both domestic and/or international travel for the Client. Should Client wish to obtain any legal advice regarding domestic or international travel, Client is urged to seek independent legal advice from an attorney of your choice.
The governmental visa or passport issuing authority will make the final determination as to the type of visa or passport, how quickly it will be issued and for what duration it will be issued. Prior to approval, the issuing authority may ask for additional documentation or other information. The issuing authority may reject any visa, passport or other travel document application for any reason and may not provide a reason to Global Access for the rejection. Global Access does not issue visas or passports and cannot make any guarantee or assurances that any issuing authority will issue any document, nor can Global Access guarantee the time required for an issuing authority to grant or reject an application. Issuing authorities may choose to grant a different type of travel document than that which the applicant has requested, which may impact the purpose, validity or number of entries. As a result, non-refundable tickets or reservations should not be purchased until all the required documents for your trip have been secured. Global Access, in addition to the issuing authorities, reserves the right to prioritize processing according to the travel dates you provide. Global Access service fees are assessed for taking reasonable actions to foster the issuance of requested travel documents.
Subject to the terms and conditions of this Agreement, Global Access will use its reasonable commercial efforts to process applications for visas, passports and/or documents at the Client's request. However, Global Access shall not be held responsible for, nor accept any liability for, the actions or inactions of any consulate, embassy, or passport office in delaying or not issuing such applications for any reason whatsoever; nor shall Global Access be held responsible for any expense and/or delay arising from or in connection with: (a) incomplete application forms or (b) incorrectly or falsely completed application forms or (c) inaccurate or incomplete supporting documentation. Any expense or cost incurred by the Client due to these delays or non-issuances shall be Client’s sole and exclusive expense or cost, and shall not be the responsibility of, nor shall any charges be levied upon, Global Access.
In the event an electronic foreign entry visa is requested, Global Access will provide weblinks and/or instructions for procuring relevant documents. Travel plans should not be confirmed until the traveler has secured the necessary documents to allow entry. In some cases, Global Access may be able to assist with acquiring these documents.
Global Access will endeavor, whenever possible, to process the Client's visa, passport and/or document based on the instructions given and application forms submitted, although it is the Client's express responsibility to ensure that the validity of the said visa/passport/document obtained includes and covers the periods of time in which the Client plans to enter and leave the country or countries that the Client is visiting and for the number of entries to that country and is valid for the purpose intended.
When Global Access returns Client’s passport and documents, it is the Client’s responsibility to verify that all the visas require for the trip have been obtained, that the visas for each country intend to be visited are valid for the entry and exit dates of the visitation period, that Client’s personal details are reflected accurately, and that the Client’s passport is valid for at least six (6) months beyond the completion of Client’s trip to the countries visited.
Please note that even when a visa is issued, a traveler may be denied entry since in each country the local immigration officials make the final entry decision. Global Access recommends all travelers secure a visa prior to departure, whenever possible, rather than attempt to obtain one “on arrival”.
There may be additional immigration entry or exit requirements, procedures and incurred fees mandated by foreign governments requiring in-country or arrival registration. Such services are beyond the scope of Travel Documents services provided by Global Access. In-country registration locations include but are not limited to: Indian FRRO registration and Russian F.M.S. registration.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE AND THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, THE COMPANY PARTIES (AS DEFINED BELOW) MAKE NO WARRANTIES WHATSOEVER, THE COMPANY PARTIES EXPLICITLY DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICES AND/OR THE TRAVEL DOCUMENTS ARE ERROR-FREE, THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE SERVICES AND/OR TRAVEL DOCUMENTS.
11. Non-Use and Non-Disclosure
Global Access will use Client’s Confidential Information solely for the purposes of performing the services requested by Client. Global Access will not disclose any Confidential Information to third parties, except for Confidential Information required by governmental agencies. Additionally, Client acknowledges and agrees that Global Access may disclose Confidential Information (a) to those employees and contractors who are required to have the information in order to perform the services requested by Client, or (b) subject to a valid order or request of a court or other governmental body of valid jurisdiction.
12. Subcontractors and Third Parties
Global Access may, in its sole discretion, use third party contractors to fulfill one or more of its obligations under this Agreement. Client acknowledges that meeting relevant timelines and target dates is contingent upon timely completion of activities by Client as contemplated by the parties under this Agreement including, without limitation, those activities designated to Client, above and/or in the applicable scope of services email ("Client Obligation"). Client will immediately advise Global Access in writing as soon as it becomes aware of any developments that may delay completion of a scheduled Deliverables including, without limitation: Client's failure or inability to perform a Client Obligation. The target dates (though only an estimate) may be reasonably adjusted by the parties (but in no event less than a day-for-day adjustment) in writing in the event of: (a) any delay caused by Client's failure or inability to perform a Client Obligation; (b) any delay due to Client's request for changes; (c) any delay due to a third party's act; failure to act or delay in performing any obligation whatsoever; or (d) any other delay incurred as a result of Client's action(s) or omission(s). No such delay will relieve or suspend Client's obligation to pay Global Access under Article 4 and, in addition to such payment obligations, Client is responsible for any and all costs and expenses incurred by Global Access for any delay caused by Client.
13. Limitation of Liability
Should a passport, document or other item be lost, misplaced, damaged, delayed or destroyed, Global Access shall only be liable if it is at fault and its liability shall be limited to the basic replacement cost of that item. Global Access is not responsible for items misplaced, damaged, delayed or destroyed by a delivery service or issuing authority. Passport covers and all documents such as original bank statements, educational and birth certificates etc. not requested for submission per Global Access instruction should be retained by the applicant. Global Access accepts no responsibility for the loss or damage of such documents or items.
THE SERVICES, DELIVERABLES AND TRAVEL DOCUMENTS ARE PROVIDED "AS IS." IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF GLOBAL ACCESS, ITS DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND AFFILIATES ("COMPANY PARTIES"), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO FIVE HUNDRED U.S. DOLLARS (US$500.00). IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, DELIVERABLES AND TRAVEL DOCUMENTS PROVIDED BY THE COMPANY PARTIES, EVEN IF THE A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. Claims Period
You have thirty (30) days after completion of work by Global Access, from the date of delivery of the Travel Documents (or if not delivered, from the date of order), to inform Global Access of any claim related to Global Access services. Once the relevant deadline has passed, any rights for rectification or compensation shall expire.
15. Representations and Warranties; Indemnification; Miscellaneous
Client represents and warrants to Global Access that (a) Client has the full power and authority to enter into and perform under this Agreement, and no approval and no consent or approval of any person or entity is required for Client to enter into and perform under this Agreement, (b) all information provided by or on behalf of Client to Global Access and its subcontractors shall be truthful, accurate and complete.
Client agrees to indemnify, save and hold harmless the Company Parties from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement, including without limitation any claim, demand or action by a third party arising out of Client’s breach of any of its representations, warranties or obligations hereunder.
This Agreement and any document expressly referred to in them constitute the whole and complete agreement and understanding between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this Agreement. Where Global Access is unable to carry out any obligation under this Agreement due to any circumstance, matter or thing beyond its reasonable control (including but not limited to “force majeure”), Global Access shall be excused from such obligations to the extent of such prevention, restriction or interference so caused. Global Access may assign and/or sub-contract all or part of its obligations or assign all or part of its rights under this Agreement to any third party. Client shall not assign or sublicense this Agreement, in whole or in part, to any third party. This Agreement does not create any right enforceable by a person who is not a party to it, except for any lawful successor or assignee.
16. Notices
Any notice, other than a change in service(s), required or permitted under the terms and conditions of this Agreement or required by law must be in writing and must be delivered (a) via email with confirmation of receipt acknowledgement, (b) in person, (c) by first class registered mail, or air mail, as appropriate, posted and fully prepaid to the appropriate address set forth in the preamble to this Agreement, or (d) via facsimile. Notices will be considered to have been given at the time of actual delivery; either party may change its address for notice by notice to the other party given in accordance with this Section.
17. Governing Law; Jurisdiction; Attorney’s Fees
This Agreement, and all matters related or collateral to this Agreement, shall be interpreted and construed in accordance with the laws of the State of California applicable to contracts executed and performed entirely in California. The parties agree that all actions based upon or resulting from this Agreement shall be brought by either party hereunder exclusively in federal and state courts located in Los Angeles County, California, and each party hereto submits to the exclusive jurisdiction in such courts and agrees that venue is appropriate in such courts for all actions arising under or related to this Agreement. The parties hereby waive any claims or defenses that such courts constitute an inconvenient forum. The prevailing party is any such dispute shall be entitled to recover its related costs and expenses (including reasonable outside attorneys’ fees and costs) incurred by the prevailing party in any action or claim against the breaching party.
18. Waiver
Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed as a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.
19. Severability
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
I/We HAVE READ THIS TERMS OF USE AGREEMENT. I/WE UNDERSTAND AND AGREE TO ITS TERMS AND CONDITIONS
