1. IMMIGRATION VISA PROCESSING

Linkinn Management Services would assist and guide you for filing the application under the agreed category. A Document checklist would be provided keeping in view the requirement of respective Embassy/High Commission etc.A Co-ordinator would be appointed for correspondence and follow up, who would assist you and the Linkinn Management Services  towards preparation and completion of your application Post filing of your application, The Linkinn Management Services would provide inputs/updates about the file (if any). Whilst Linkinn Management Services  would endeavor to offer the best & strongest possible advice; immigration laws, policies & fees are subject to frequent change without notice and no responsibility is accepted for such a revision that is beyond the scope of the Linkinn Management Service’s  services. Linkinn Management Services consultant does not and cannot make any guarantees in context of approval or validity of any visa application made by you or your designate. The power to grant or refuse visa applications vests solely with the Immigration Office / High Commission only. Linkinn Management Services will assist you in a limited manner for filing application based on the information or documents provided by you and will not provide taxation, business, accounting, investment or other professional advice or services. Linkinn Management Services advises clients to seek separate independent professional advice regarding these matters.

2. COMMUNICATIONS

When you or your designate send e-mail(s) to us or communicate with us through any other mode (s) of communication; you agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing. We will communicate with you by e-mails or any other mode of communication that may be appropriat While Linkinn Management Services would try his best to expedite case file to the respective Embassy/VFS etc. as soon as possible, but it’s also important to note that it may take between 1-2 Business week(s) to review all documents, after the client has submitted the entire documents before submitting the file either manually or Online to CIC.

Client agrees that he/she would not insist/put pressure to submit file which may hamper file acceptance. Linkinn Management Services doesn’t deal in any fraudulent documents including Education, fund maintenance, work experience etc. Client agrees Linkinn Management Services or any of his coordinator(s) are not involved (directly or indirectly) in any which manner possible for the same.

3. ASSESSMENT

The Assessment is specifically designed to provide you with a preliminary assessment of your ability to satisfy to the Visa criteria for your selected visa/permit type. Client understands that the Technical Evaluation Report was made based on the information that was provided by the client. This needs to be supported by valid documentation. As such you should not rely on this result alone as a true indication of your ability to apply for migration.

4. GUARANTEE OF VISA

We are not part of any Immigration Office / High Commission. We do not have the authority to grant you a visa of any kind. We can only assist and advice people who want to migrate or travel to their selected country. Please note that the final decision on all visa applications rests with the relevant any Immigration Office / High Commission in each respective country. We will work with you towards your desired outcome by forwarding the strongest application. However, all legal actions are subject to many possible variables such as the demeanor and recollection of witnesses, the availability of substantiating documents and other evidence, and the evidence marshaled by the client – all of which can/may affect the decision.

5. PAYMENT TERMS AND CONDITIONS

(a) BILLING METHOD

The Client(s) will be billed at a flat rate as agreed in this agreement.We will bill you on a regular basis, which ensures you have a current record of charges and expenses incurred. We will advise you before undertaking any procedures that may substantially increase the amount of fees and will proceed only upon your approval and instructions to do so. We encourage you to promptly raise any questions or comments you have regarding any account. In return, Linkinn Management Services would appreciate payment of any outstanding accounts within 15 days of notification.

(b) FEES PAYABLE

a) Our fee does NOT include other costs which are part of the migration process such as Immigration application lodging fees, medical and police checks, ECA, courier charges, translation of documents, etc. As part of the Service(s)which is/are provided to you, an approximate indication of the fees which form part of the process will be set out for you, together with clarification as to when these costs are due.

NOTE :The above mentioned fee does not accommodate a provincial PR application process. In the event a client intends to file for a provincial PR/Immigration application, that process would incur additional charges and a separate retainer agreement.

(c) REFUND POLICY:

(100% NON-REFUNDABLE FOR THE FOLLOWING REASONS)

a) 100% non-refundable if Failure of medicals by the client or his or her family members included in the application.
b) Failure to provide a genuine Police Clearance Certificate, which is not less than 6 months old.
c) Failure to prove sufficient funds for settlement or maintenance by the client or his or her family members included in the application.
d) Submission of fraudulent documents by client or designate.
e) Prior violation of any immigration or visa law by the client or any of his or her family members included in the application.
f) Late submission of any additional documents requested by the consulate at a later stage.
g) In any given situation our fees are non-refundable for services already rendered.
h) The Client acknowledges that the granting of a visa or status and the time required for processing this application is at the sole discretion of the government of Canada and not the Linkinn Management Services
i) If, however, the application is denied because of an error or omission on the part of the Linkinn Management Services or professional staff, the Linkinn Management Services will refund all professional fees collected. The Client agrees that the fees paid are for services indicated above, and any refund is strictly limited to the amount of fees paid.
j) Unused fees will be refunded in the following manner:
Unused fees will be directly deposited on client/client designate’s account, If the Linkinn Management Services is physically unable to proceed in carrying out the agreed upon terms and conditions of this Agreement, the Client case would be transferred to another member in good standing with ICCRC (with client’s approval) and unused and unearned fee will be refunded to client specified bank account details as per below mentioned procedure.

6. COMPLAINT/DISPUTE RELATED TO PROFESSIONAL ETHICS

In the event of a dispute, the Client(s) and Linkinn Management Services  are to make every effort to resolve the matter between the two parties. In the event a resolution cannot be reached, the Client(s) are to present the complaint in writing to the Linkinn Management Services  and allow the Linkinn Management Services 30 days to respond to the Client(s).

7. CONFIDENTIALITY

All information and documentation reviewed by the Linkinn Management Services, required by Embasssy/ Consulates and all other governing bodies, and used for the preparation of the application will not be divulged to any third party, other than the designated Linkinn Management Services coordinator working on the case. The Linkinn Management Services, and coordinator of Linkinn Management Services, are also bound by the confidentiality requirements of Article 8.1 and 8.5 of the Code of Professional Ethics. The Client(s) agrees to the use of electronic communication and storage of confidential information.

The Linkinn Management Services will use his/her best efforts to maintain a high degree of security for electronic communication and information storage.

8. FORCE MAJEURE

The Linkinn Management Services’s failure to perform any term of this Retainer Agreement, as a result of conditions beyond his/her control such as, but not limited to, governmental restrictions or subsequent legislation, war, strikes, or acts of God, shall not be deemed a breach of this Agreement.

9. CHANGE POLICY

The Client(s) acknowledge that if the Linkinn Management Services is asked to act on the Client(s) behalf on matters other than those outlined above in this Agreement, or because of a material change in the Client(s) circumstances, or because of material facts not disclosed at the outset of the application, or because of a change in government legislation regarding the processing of immigration-related applications, the Agreement can be modified accordingly upon mutual agreement. Other Responsibilities and Commitments (Client/Client Designate) a) In the event Citizenship and Immigration Canada (CIC) or Human Resources Skills and Development Canada (HRSDC) should contact the Client(s) directly, the Client(s) are instructed to notify the Linkinn Management Services immediately.
b) The Client(s) are to immediately advise the Linkinn Management Services of any change in the marital, family, or civil status or change of physical address or contact information for any person included in the application.
c) The Client(s) understand(s) that they must be accurate and honest in the information they provide(s) and that any inaccuracies may void this Agreement, or seriously affect the outcome of the application or the retention of any status they may obtain.
d) The Client must provide, upon request from the Linkinn Management Services:
All necessary documentation
All documentation in English or French, or with an English or French translation.
e) In the event of a Joint Retainer Agreement, pursuant to Article 13 of the Code of Professional Ethics, the Clients understand that no information received in connection with the matter from one Client can be treated as confidential so far as any of the other Clients are concerned (Article 13.1.1) and that if a conflict develops that cannot be resolved, the Linkinn Management Services cannot continue to act for both or all of the Clients and may have to withdraw completely (Article 13.1.2).

10. CORRESPONDENCE

With your approval, communication with you will be via e-mail, where ever possible. We find that this saves time and that the use of e-mail fits in with the way most companies and individuals run their businesses. Certain communications that must be hand signed will be faxed or mailed to you. E-mail transmissions are not currently encrypted, and if this concerns you, please feel free to discuss it with us and we can make arrangements to comply with your requirements. Certain communications that must be hand signed will still be faxed to you. Linkinn Management Services will try to return your phone calls or respond to your phone calls or respond to your letters as quickly as possible through the coordinator assigned on your case, but may not always be able to do so on the same day that you have left a message.

11. TERMINATION

You have the right to terminate our services to you upon written notice to us. Subject to our obligations to you to maintain proper standards of professional conduct, we reserve the right to terminate our services to you for good reasons, which include, but are not limited to:
a) If you fail to cooperate with us in any reasonable request;
b) If our continuing to act would be unethical or impractical;
c) If our retainer has not been paid for the service/s rendered; or
d) This Agreement is considered terminated upon completion of tasks identified under section 2 of this agreement.
e) This Agreement is considered terminated if material changes occur to the Client(s) application or eligibility, which make it impossible to proceed with services detailed in section 2 of this Agreement.
f) Pursuant to Article 14 of the Code of Professional Ethics, this Agreement may be terminated, upon writing, by the Linkinn Management Services, provided withdrawal does not cause prejudice to the Client(s).

12. GOVERNING LAW

This agreement shall be governed by the laws in effect in the Province of Ontario, and the Federal Laws of Canada applicable therein and except for disputes pursuant to Section 8 hereof, any dispute with respect to the terms of this agreement shall be decided by a court of competent jurisdiction within the province of Ontario.

13. PRIVACY

By signing this retainer, you understand that we will be collecting personal information, including your address, phone number and email. However, we can assure you that we will not share this information with anyone without your instructions and will not sell your personal information.

14. MISCELLANEOUS

a) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, warranties, representations, negotiations and discussions, whether oral or written, of the parties except as specifically set forth herein.
b) This Agreement may only be altered or amended when such changes are made in writing and executed by the parties hereto.
c) The provisions of this Agreement shall be deemed severable. If any provision of this Agreement shall be held unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
d) The headings utilized in this Agreement are for convenience only and are not to be construed in any way as additions to or limitations of the covenants and agreements contained in this Agreement.
e) Each of the parties hereto shall do and execute or cause to be done or executed all such further and other things, acts, deeds, documents and assurances as may be necessary or reasonably required to carry out the intent and purpose of this Agreement fully and effectively.
f) The Client acknowledges that he/she has had sufficient time to review this Agreement and has been given an opportunity to obtain independent legal advice and translation prior to the execution and delivery of this Agreement. In the event the Client did not seek independent legal advice prior to signing this Agreement, he/she did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defense to the enforcement of obligations created by this Agreement. Furthermore, the Client acknowledges that he/she has received a copy of this Agreement and agrees to be bound by its terms.
g) The member’s obligations under the Retainer Agreement are null and void if the Client(s) knowingly provide(s) any inaccurate, misleading or false material information. The client’s financial obligations remain.
h) This agreement is made on this the day, month and year first above mentioned and the duration of this agreement would expire after two cycles/years of successful upload of profile on CIC portal, and,the parties to this deed have put their signatures at their free will and consent and after going through all the terms and conditions before the following:

15. DISCLAIMER

Linkinn Management Services does not charge any referral fee from the Employment and Social Development Canada’s (ESDC) Job Bank.