Terms and Conditions (Substantial and Revocable)
Terms and Conditions of Business
General Terms and Conditions
These general terms and conditions/terms and conditions, as appropriate to the nature of the Product(s) or Service(s) to be provided by CHISTY LAW ASSOCIATES PRIVATE LIMITED (“us”, “we”, “Company” etc.), collectively, the “General Terms” are the Contract between you and us. By purchasing the Product(s) or using the Service(s), you agree to be bound by them.
These terms and conditions are binding on the parties in the true letter and spirit of the context, with their free consent and free will. Any subscriber to the Agreement/Contract shall not retract from the said terms and conditions.
WHERE: CHISTY LAW ASSOCIATES PRIVATE LIMITED is registered in is a corporate legal entity duly registered with the Securities and Exchange Commission of Pakistan (SECP) and having a registered Trademark as CHISTY LAW CHAMBERS hereinafter referred to as “CLC PAK” in these terms and conditions/terms of business.
CHISTY LAW ASSOCIATES PRIVATE LIMITED is not a non-profitable organisation. Following are the Terms of Business, also known as Terms and Conditions, by CHISTY LAW ASSOCIATES PRIVATE LIMITED.
WHEREAS: ‘CLC PAK’ offers to provide competent Legal Advice and Services in “Immigration Laws” in accordance with the Immigration Laws, Rules, and Regulations for the time being in force. The consultancy is provided under ‘CLC PAK’ terms and conditions/terms of business.
CONTRACT/TERMS & CONDITIONS:
- These Terms & Conditions shall be applicable to all agreements, contracts, covenants, addendum, corrigendum, declarations, switching/ change of category, and, business dealings between the Company and the client. These are deemed to be applicable to clients with all the amendments either upon receipt of a duly signed copy of the contract by the client or payment of a professional fee by purchasing any of our product(s) or hiring our service(s).
- The client shall be bound to these Terms & Conditions and the Company reserves the right to amend, vary, modify, suspend, cancel, terminate or revoke any term without any prior written or oral notice but any amendment or variation shall have retrospective effect on all the clients whether existing or future clients.
- The client shall provide the company with all the information required to proceed with its case and the company reserves the right to use this information in furtherance of the case and share it with any third party/Educational Institution/Immigration Authority/Endorsement Body, as and when necessary.
- The Client shall pay the due professional fee or other charges in case of additional services subject to the modification in the contract.
- The Client shall acquire any license, permit, certificate, letter or diploma at his own cost which is required by the Company through Partners or a third party to provide its services.
- The company shall provide its services and additional services/ products in a professional and timely manner which shall be an approximate minimum time. The company shall not be liable for any delay which is beyond its control.
- If the client revokes an agreement by reason of delay, the company shall not be liable for any loss and all the professional fees which the client has paid, shall be non-refundable.
- The company shall not be liable for any delay because of changes in policy, changes in requirements by University, revised fees, natural disasters, and pandemics.
- The company may process the client’s application to a suitable Educational Institution/Immigration Authority/Endorsement Body and may help the client to secure admission, or any other online service(s) through Partners, or third party, that the client requires, but Company shall not be liable in any case where the client has failed to secure the admission because of his failure in any interview conducted by third party /Educational Institution/ Immigration Authority/Endorsement Body or unable to meet the requirements of such third party /Educational Institution/Immigration Authority/Endorsement Body.
- Subject to the contract between the parties, the client shall not be allowed for the time written in the said agreement or for the period of 12 months, to sub-contract on or behalf of the Company with any third party except to prior written consent of the company.
- The client shall not be allowed to undue influence the agreement or any of its provisions and the Company shall not bear any kind of threat, intimidation, or abusive language against its employees and the management. If any damage is caused to the Company because of the breach of any of the provisions of the agreement or term, the company shall be entitled to claim any relief or start court proceedings against the client or the client’s representative, as the case may be.
Please read these General Terms / Terms and Conditions / Terms of Business carefully and save them.
Subject to these General Terms, Terms and Conditions, we agree to provide you with some or all of the Product (s) and/or Service(s) described herein at the prices we charge from time to time.
GENERAL / Terms and Conditions
- By you placing an Order for Product(s) and/or Service(s), you confirm acceptance of these General Terms, and you agree to be bound by them.
- Our quoted professional fee shall not be binding on us. The Contract will only come into being upon acceptance by us, either us sending you an email confirming such Order or signing or counter signing and dating of the Order and returning it to you or the issue by us, electronically or otherwise, of an order acknowledgement.
- The Contract will be subject to these General Terms. All terms and conditions appearing or referred to you in the Order or otherwise stipulated by you shall have no effect unless such an Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by us.
- Our quoted professional fee shall remain open to you for acceptance for a period of 14 (fourteen) days from the date of the quoted professional fee unless the Contract specifies some other period or we withdraw the quoted professional fee for any reason.
- These General Terms shall, to the extent applicable, apply to Product(s) in the same way as they apply to Service(s).
- We reserve the right to accept or reject any Order placed for Product(s) and/or Service(s).
- We further reserve the right to add, delete or change some or all of the Product(s) and Service(s) we offer on our Website and/or any other websites owned and operated by us at any time without prior notice.
- These General Terms may be updated or otherwise amended without prior notice and shall always prevail in the event of conflicts between the Order, the Contract, and any other document.
- ‘CLC PAK’ may vary any of these terms and any other information relating to the Service at any time. If any of the provisions of these Terms are or shall become invalid, illegal, or unenforceable, the remainder shall survive unaffected.
- This is the Client’s responsibility to check the updates and changes in ‘CLC PAK’ terms and conditions (if any) through the ‘CLC PAK’ Website, other social media platforms or by contacting the ‘CLC PAK’ office.
- The Client undertakes ‘CLC PAK’ legal advice and services for Personal OR Business, such as:
- Immigration Laws
- General Law
- Labour Laws
- Commercial Laws
- Global Immigration
- Family Laws
- Corporate Consultancy
- Intellectual Property
- ‘CLC PAK’ may offer other/more services than the services mentioned above. These will be defined on the specific contract/agreement between the Client and the ‘CLC PAK’. Some of these or other services may be offered through our partner/s, director/s or associates.
- CHISTY LAW ASSOCIATES PRIVATE LIMITED (PAK Registration Number 0118024) will only be responsible for providing consultancy and legal advice & services to (business or individual) clients require under the contract/ agreement signed.
- ‘CLC PAK’ will not tolerate any abuse, harassment or threats against ‘CLC PAK’ or its staff. Suppose a client is found to be aggressive and intimidating towards ‘CLC PAK’ or its staff. In that case, the Contract signed between the Client and ‘CLC PAK’ will be automatically terminated/null and void without any notification or warning.
- All the products or services shall be through a service contract only.
- Any agreement/contract with any individual or corporate / business/company client is based on the terms and conditions of ‘CLC PAK’ only. ‘CLC PAK’ offers and provides advice & consultancy in the Pakistan and worldwide to its clients. Also, on behalf of its partner/s, director/s (Abroad / worldwide). By signing any agreement/ contract/ MoU with ‘CLC PAK’, the client/s will be bound to ‘CLC PAK’ terms and conditions/terms of business and enter into a legal contract with ‘CLC PAK’.
- Neither any agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by the Client without the prior written consent of ‘CLC PAK’.
- If the Client revokes the contract/agreement or changes his/her mind or is found to have a criminal record after signing the Contract with ‘CLC PAK’, then ‘CLC PAK’ shall nevertheless be deemed to have performed its services satisfactorily and be entitled to no refund for the amount received from the Client to Date.
- Regarding conflict of interest, the arbitration will take place between parties of the Agreement or a third party (if any). Therefore, we can receive instructions from the Client regarding a solution to the conflict. Following receipt of your instructions, we will check to confirm that we can act for you in the matter. We will communicate with you at the address/telephone number/fax number/e-mail address that you have given to us and attempt to address the conflict immediately. Please notify us of any changes immediately so that we can amend our records. However, we cannot accept any liability for losses or issues resulting from Information you have received from a third party.
DELIVERY AND COMPLETION DATES
- We undertake to use our reasonable endeavours to provide completed Services to you within the time frame stipulated in the Contract, or if no time frame is specified, or within 120 days of the date on which we receive a signed contract from you.
- The dates and timeframes for carrying out the Services are approximate only, and unless otherwise expressly stated, time is not of the essence for delivery or performance.
- We will not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver when it is a result of your negligence.
- No delay (unless material) shall entitle you to reject any delivery or performance or any other Order/Service from you or to repudiate the Contract or the Order.
- All contracts/agreements will be null and void due to any financial or economic disaster. This could be because of the financial crisis in the PAK, a worldwide financial crisis, or any kind of pandemic directly or indirectly affected ‘CLC PAK’, regardless of whether the Contract/ Agreement signed between Client and ‘CLC PAK’ with terms and conditions has been specified or not. ‘CLC PAK’ will not be held responsible for any agreement/consultancy contract signed between ‘CLC PAK’ and the Client or arising from any third-party action as a result of ‘CLC PAK’ being unable to fulfil any of its obligations due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government/s, pandemic, worldwide armed conflict, worldwide/direct or indirect financial crisis, civil insurrection, strike, lockout, lockdown, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and acts of God.
- ‘CLC PAK’ shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in the approval of any application/consultancy contract signed between ‘CLC PAK’ and the Client or arising from any third-party action as a result of ‘CLC PAK’ being unable to fulfil any of its obligations due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government/s, COVID 19* or similar pandemic, worldwide armed conflict, worldwide/direct or indirect financial crisis, civil insurrection, strike, lockout, lockdown, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and acts of God.
- The contract/agreement will be null and void if the Client fails to provide any relevant documents to ‘CLC PAK’ for the services they have acquired from ‘CLC PAK’. During the agreed period mentioned in the terms and conditions of the Contract signed between the ‘CLC PAK’ and the Client.
- Where the Product(s) and/or Service(s) are sold by reference to our quoted professional fee, the price payable for the Product(s) and/or Service(s) shall be the ruling price as mentioned in the fee structure current at the date of purchase of Product or hiring of services.
- In other cases, the price for the Product(s) and/or Service(s) shall, subject to these terms and conditions, that stated on the relevant quoted professional fee and confirmed in the Contract.
- After receipt of your Order, we reserve the right to revise the original quoted professional fee if you request alterations which are not specified in your original Order.
- We shall (if applicable) add to the price of the Service(s), and you agree to pay an amount equal to any GST and any other tax or duty applicable from time to time to the sale or supply of such Service(s).
- Any price changes to Ongoing Service(s) will take effect from the 1st day of the month, and you will be notified in writing at least 7 (seven) days before any price change takes effect. All Ongoing Services may be subject to an annual increase to cover rising costs.
- As and when any relevant Government authorities or other bodies amend their fees or charges, ‘CLC PAK’ reserves the right to amend such charges to the Client irrespective of any quotes undertaken by ‘CLC PAK’ prior to or upon engagement by the Client. Such charges are in addition to fees.
- The Company shall charge a net professional fee for consideration of the services provided by the company to the client.
- The company reserves the right to change the quoted professional fee at any time without any prior written or oral notice as per fee changes by any third party who is a concerned authority in the country, where services are required. The company shall not be liable for any such change.
- There is no refund policy. The process will be initiated upon receiving the fees otherwise the company has reserved the right to terminate the agreement.
- If the client revokes the said agreement after subscribing to the said agreement it shall lose all the paid fees to date because there exists no refund policy.
TERMS OF PAYMENT
- Our quoted professional fee is net and in Pak Rupees.
- As consideration for the performance of our obligations under the Contract, you shall pay all sums owing pursuant to a Contract to us.
- Further terms of payment are given in the Contract. Prices and specific payment terms for additional services will be quoted based on specifications agreed upon and confirmed in writing, and we reserve the right to amend the quoted professional fee.
Unless we otherwise agree in writing, payment of Invoices/contracts must be received by us from you within 14 days of the date of the Invoice (the “Due Date”) or otherwise specified. You shall remit payment to us in accordance with these terms and conditions.
- Failure to make payment by the Due Date may result in the withdrawal, suspension or disconnection of any Product, Service and/or Ongoing Service.
- You shall make all payments due to us by one or several of the following means:
- Electronic transfer direct to our nominated bank account;
- Arranged Standing Order direct to our nominated bank account;
- Debit or Credit Card payment;
- Bankers Draft made payable to Chisty Law Chambers
- Cheque made payable to Chisty Law Chambers, and in each case, payment shall be in Pak Rupees without set-off or deduction.
Cancellation of your standing order to us for any reason other than termination of Contract will incur a penalty equivalent to PKR5000.00 reinstatement fee and interest for outstanding balances in accordance with these terms and conditions.
- We reserve the right to cease or suspend all services or stop support under the Ongoing Service(s) if at such time there is a dispute or delay over an agreed payment or receipt of the completed standing Order, with no prior notice.
- If you fail to pay any amount due to us under a Contract by the relevant Due Date, default interest at the rate specified by the State Bank of Pakistan shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by us in seeking to recover such late payment from you (including, without limitation, legal fees).
- ‘CLC PAK’ terms of conditions automatically bind clients if they agree to and sign an agreement/ contract/MoU with ‘CLC PAK’. They are free to decline our offered consultancy before any work is carried out or any application is submitted to any authorities, where applicable. But they will lose any fee they may have already paid to ‘CLC PAK’ as there will be no refund option. ‘CLC PAK’ is and will be entitled to charge you the full fee agreed on any contract signed with ‘CLC PAK’.
- Any payment set out on the contract /agreement signed, payable by the Client, will only include payments for advice and consultancy (business or individual) from CHISTY LAW ASSOCIATES PRIVATE LIMITED (PAK Registration Number 0118024).
- The bank details provided in the specific contract/agreement may be of our partner/s, director/s, or parent company and may be different for future payments.
- You warrant that:
- you have given us the right to include, and permit us to include, the Information and your data on our Website or have obtained the rights from third parties to do so;
- you will not supply us with, nor upload to our Website, post, email, or otherwise transmit (or allow to be transmitted) any Information or Content/Data that is:
- unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, obscene, libellous, menacing or invasive of another person’s privacy, hateful or racially, ethnically or otherwise objectionable, or harmful to minors in any way;
- in breach of any third party right under any law or under a contractual or fiduciary relationship;
- an infringement of any Intellectual Property Rights;
- unsolicited or unauthorised advertising, promotional material, unsolicited bulk email (also known as “junk mail”), “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- containing software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally a violation of any applicable law and/or regulation having the force of law;
- data which contravenes the Data Protection Legislation in any way.
- you will not:
- misuse our websites owned and operated by us by introducing viruses, worms or other material which is technologically harmful;
- attempt to gain unauthorised access to our websites owned and operated by us, the Server on which our websites owned and operated by us are stored or any other server, computer or database connected to our websites owned and operated by us; or
- attack our websites owned and operated by us via a denial-of-service attack or a distributed or malicious denial-of-service attack.
- you will at all times comply with the Data Protection Legislation.
- You accept that we are under no obligation to monitor the Information and the Content/Data of our clients and accept that we exclude all liability of any kind for all material comprising the Information and the Content/Data of our clients.
- We warrant that:
- we shall perform the Service(s) with reasonable skill and care in accordance with the standards generally observed in the industry for similar services; and
- we will comply with the Data Protection Legislation.
- ‘CLC PAK’ will not be liable to the Client, any officials, or any government or private authorities/agencies for misleading, forged or falsified documents or Information provided by them. ‘CLC PAK’ will use and rely on Information provided by the Client without having independently verified or assumed responsibility for the accuracy or completeness of such Information. Accordingly, the Information provided by the Client must be correct, including contact details such as email, etc. If the Information provided by the Client is not correct, we will not be able to provide our services in the correct manner.
CHANGES TO THE SPECIFICATION
- If you submit a request for changes to the Product(s) and/or Service(s), we will provide you with a quoted professional fee in advance. Upon your acceptance of the said fee, we will raise an invoice, and it will be payable prior to the commencement of work unless otherwise agreed in the Contract.
- You will permit us to incorporate a small and discreet advertisement of our services at the bottom of our Website/Social Media pages under the heading “Success Stories”.
- You will further permit us to link to or reference your “Success Stories” with third parties to promote our services.
ONLINE MARKETING SERVICES
- We utilise a range of online marketing and social media marketing services, including but not limited to social media campaigns, email campaigns, Google Ads, also known as Google AdWords or Pay Per Click (PPC) advertising, and analytics services, for our Product (s) and Service (s).
- ‘CLC PAK’ attempts to ensure that the Information available on the ‘CLC PAK’ website / social media and other stationery is accurate. ‘CLC PAK’ also attempt to provide correct Information at the time of consultancy. However, ‘CLC PAK’ or its Director/s, along with any staff member, will not be held liable for any changes made by government and country regulations towards any consultancy offered by ‘CLC PAK’.
- Software manufacturers release newer versions of their browsers from time to time, and we have a policy of design renewal which uses the latest technologies available to take advantage of these advancements. You will be advised of changes to our Product(s) and Service(s) as and when they become available so you may get subscribe to the Contract as per the said changes.
- We generally include basic security updates on our Website. We reserve the right to charge for any large security updates, which we would quote for prior to any work taking place. If you refuse to perform security updates and this compromises the security of the Website and, consequently, our servers, we reserve the right to sever the Contract and collect all fees which would have been payable by you. We accept no responsibility for websites compromised, irrespective of whether you have agreed for us to update security.
- If applicable, we make every effort to update, as and when necessary, those areas of our Websites which require modification and changes to satisfy the requirements of the relevant Compliance Authority or network to which we are a member. Such changes will usually be required as a result of new legislation, any changes to the relevant/appropriate Compliance Authority or network to which we are a member, and the effects of the annual government budget.
- For the avoidance of doubt, we will not be held responsible for any inconvenience caused by any such changes in compliance.
- You shall indemnify us against any loss, damage, cost or expense (including reasonable lawyer’s fees and expenses) which we may suffer or incur as a result of:
- any claim by any third party that your Information or Content infringes the Intellectual Property Rights of a third party or is fraudulent, offensive, abusive, defamatory, obscene or menacing or causes annoyance, inconvenience, or constitutes unsolicited advertising or promotional material;
- work done in accordance with your instructions involving the infringement of any Intellectual Property Right (including but not limited to framing or linking to third parties websites);
- any claim by a third party arising from your breach of the warranties under these terms and conditions.
- any claim by a third party suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings due to materials supplied by you for use by us.
- We shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Contract or otherwise, except to the extent to which it is unlawful to exclude such liability. For the avoidance of doubt, we shall not be held responsible for any losses incurred by you to terminate your relationship with us without notice.
- You shall indemnify us against any loss, damage, cost or expense (including reasonable lawyer’s fees and expenses) which we may suffer arising from any act, omission, neglect or default of you, your agents, or employees or arising from or in connection with a breach of your obligations, representations and warranties in respect of Client’s Content/Data or Information provided by you in connection with our Website, Order, Specification, Product(s) and/or Service(s) as provided in this Agreement.
- It is your responsibility to be familiar with the relevant data protection and privacy laws. You shall hold us harmless from and indemnify us against any claims by any party relating thereto.
LIMITATION OF LIABILITY
- Our total liability to you in Contract, tort (including but not limited to negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to your reputation or depletion of goodwill or otherwise), arising in connection with the performance or contemplated performance of the Contract shall be limited to the amount you paid pursuant to the Product(s), Service(s) or Order as outlined in the relevant Contract, or a refund of the relevant Contract price.
- We shall not be liable to you for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to your reputation or depletion of goodwill or otherwise), in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with our Product(s), Service(s) or Order as outlined in the relevant Contract.
- We shall not be liable for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to your reputation or depletion of goodwill or otherwise) resulting from our failure or delay in performing our obligations pursuant to our Product(s), Service(s) or Order to the extent that such failure or delay arises from circumstances beyond our control. Neither party intends that any of these General Terms will be enforceable by virtue of applicable law of the country by any person that is not a party to it.
- We will use reasonable endeavours to ensure that the data on our Website is accurate and to correct any errors or omissions as soon as practicable after being notified of such errors or omissions. We do not monitor, verify or endorse Information submitted by third parties for posting on our Website, and you acknowledge that such Information may be inaccurate, incomplete or out of date.
- To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any Information contained on our Website. We do not guarantee that our Website/ social media will be fault free, and we will not accept liability for any errors or omissions.
- In no circumstances whatsoever shall we be liable for economic, indirect or consequential loss arising from delays or service interruptions to our Website or any Product(s) and/or Service(s) supplied by us to you. Due to the nature of the electronic transmission of data over the Internet, and the number of users by whom data is posted on our Website, any liability which we may have for any losses or claims arising from an inability to access our Website or from any use of our Website or reliance on the data transmitted using our Website, is excluded to the fullest extent permissible by law.
- We shall not be responsible for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to your reputation or depletion of goodwill or otherwise) occasioned by computer viruses, whether introduced by our software or otherwise.
- We shall not be responsible for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to your reputation or depletion of goodwill or otherwise) occasioned by unforeseen hardware problems which could affect the continuity of Service.
- We shall not be held liable for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to your reputation or depletion of goodwill or otherwise) or damage caused by the use, misuse, unavailability or removal of Product(s) and/or Service(s).
- We do not guarantee that we will be able to secure IP addresses, IP ranges or Domain Name(s) on your behalf, and acceptance by us of the Order shall not give rise to any such warranty in respect of the details appearing on the Order.
- We may not be notified whether or not attempts to secure IP addresses, IP ranges or Domain Name(s) have been successful, and it is your responsibility to establish whether or not the IP addresses, IP ranges, or Domain Name(s) have been successfully secured. We give no warranty that, once secured, you will be permitted to retain such IP addresses, IP ranges or Domain Name(s).
- We provide no assurances as to the online ranking, positioning and prominence of our Websites within an individual search engine or directory or any such third-party websites.
- We use all reasonable skills and care in the operation of our websites owned and operated by us and in providing the Product(s) and Service(s) presented therein.
- We make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness for the purpose of our Product(s) and/or Service(s) and/or any other websites owned and operated by us and Product(s) and/or Service(s) therein.
- We do not accept any liability for any such products, goods or services which are provided by third-party organisations over which we have no control. It is your responsibility to be satisfied that you wish to purchase the services provided by the third party organisation before contracting with and agreeing to the terms and conditions of the third party organisation.
- Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in Contract, tort or otherwise in respect of loss or damage arising out of or in connection with our Website, Product(s), Service(s) or Order as outlined in the relevant Contract or your operation or use of our Website, Product(s), Service(s) or Order as outlined in the relevant Contract.
- In no event will we be liable for any direct, indirect or consequential damages in Contract or tort (including but not limited to negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any economic loss or other damage of any kind (including but not limited to loss of profit, business, contracts, revenue or anticipated savings, any damage to the Client’s reputation or depletion of goodwill or otherwise), arising in connection with claims made by third parties.
- Neither party shall be liable for any failure in the performance of any of its obligations under the Contract caused by factors beyond either party’s reasonable control.
- Nothing in these General Terms excludes or limits our liability for fraudulent misrepresentation or for any death or personal injury caused by our negligence.
- Both parties agree and undertake that they will hold in complete confidence any Confidential Information disclosed to the other party and will not disclose any Confidential Information or the Information stated in the Contract in whole or in part at any time to any third party; this is not limited and includes clients spouse, business partners, or any other direct or indirect relations, ‘CLC PAK’s staff or its partners’ staff, other ‘CLC PAK’ directors, other than the director or representative the Agreement / Contract has been signed between ‘CLC PAK’ and the Client. Nor use any Information of the Agreement / Contract signed for any purpose and under any circumstances.
- This provision shall survive the termination of the Contract for any reason commencing immediately on the date of such termination.
- The obligations set out in this clause shall not apply to any Confidential Information which:
- at or prior to the time of disclosure was known to the receiving party as evidenced in writing, except to the extent that such information was unlawfully appropriated;
- at or after the time of disclosure becomes generally available to the public other than through any act or omission on the part of the receiving party;
- is received from a third party free to make such disclosure without breaching any legal obligation;
- is independently developed by the receiving party; or
- is required to be disclosed by law, court order or request by any government or regulatory authority.
- ‘CLC PAK’ may share Information with Credit Reference Agencies (CRAs) to verify your identity for an account/contract with ‘CLC PAK’.
- If you give us false or inaccurate information and fraud is identified, details may be passed to fraud prevention agencies to prevent fraud.
- All written, oral and digital Information and materials disclosed or provided by the ’CLC PAK’ to the Client under any Agreement/contract signed between the Client and ’CLC PAK’ constitute Confidential Information regardless of whether such Information was provided before or after the date of the Agreement/contract signed or how it was provided to the Recipient/Client.
- ‘Confidential Information means all data and Information relating to the ’CLC PAK’, including but not limited to the following:
- ‘Business Operations’ which includes internal personnel and financial Information of the ’CLC PAK’ and its partners, Client names and other Client information (including Client characteristics, services, and agreements), purchasing/agreeing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by the ’CLC PAK’, and the manner and methods of conducting the ’CLC PAK’ business.
- ‘Customer/ Clients Information’ which includes names of clients of ’CLC PAK’, their representatives, all customer contact information, contracts, and their contents and parties, customer services, data provided by Client/s, and the type, quantity, and specifications of products and services purchased, leased, licensed or received by Client/s of the ’CLC PAK’.
- ‘Service Information’ which includes all data and Information relating to the services provided by ’CLC PAK’, including but not limited to plans, schedules, consultancy and advice.
- ‘Accounting Information’ which includes, without limitation, all financial statements, annual reports, balance sheets, company asset information, company liability information, revenue and expense reporting, profit and loss reporting, cash flow reporting, accounts receivable, accounts payable, inventory reporting, purchasing Information and payroll information of the ‘CLC PAK’.
- ‘Marketing and Development Information’, which includes marketing and development plans of the ‘CLC PAK’, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of the ‘CLC PAK’ which have been or are being discussed.
- ‘Computer Technology’, which includes all scientific and technical Information or material of the ‘CLC PAK’, pertaining to any machine, appliance or process, including but not limited to specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, know-how and show-how.
- Confidential Information will also include any information that has been disclosed by a client to the ’CLC PAK’ and is protected by a non-disclosure agreement or otherwise entered into between the Client and the ‘CLC PAK’.
- Return of Confidential Information: The ‘CLC PAK’ may at any time request the return of all Confidential Information from the Client. Upon the request of the ’CLC PAK’, or in the event that the Client ceases to require the use of the Confidential Information, or upon the expiration or termination of this Agreement, the Client will:
- return all Confidential Information to the ‘CLC PAK’.
- provide a certificate to the ‘CLC PAK’ to the effect that the Client has returned all Confidential Information to the ‘CLC PAK’.
- confirm that all information and business terms regarding ‘CLC PAK’ will not be disclosed to anyone under any circumstances without ‘CLC PAK’ written consent. The written consent must be agreed upon, authorised and signed by the prominent shareholder/director of the ‘CLC PAK’.
- Termination: ‘CLC PAK’ (“non-breaching party”) shall have the right to terminate any Agreement/contract on an immediate basis in the event the other Client (“breaching party”) is in breach of any of its material/data obligations under these Terms and conditions. The non-breaching party can/shall provide written notice to the breaching party.
- If you supply us with text, photography, artwork, files, leaflets, brochures, Information or material of any kind, we will not at any time be responsible whatsoever in regard to copyright, errors or omissions, faults or subsequent damages.
- If you cease to use our Service(s) for any reason, and until payment has been received by us in full for the part of the Services we have provided to you, you must not use any part of the intellectual property that we have created on your behalf (except that provided by you or by a third party) on any other website.
- Our Website may contain Information, Content and links to services provided by third parties. We accept no liability for any damages or losses incurred by you from the use or non-availability of such Content.
- We are committed to protecting your privacy. To this end, we conform to the requirements of the Data Protection Legislation.
- When you or any other users submit sensitive information via our websites owned and operated by us, the Information is protected both online and offline. In order to prevent unauthorised access or disclosure, we operate suitable physical, electronic and managerial procedures in the storage and disclosure of Information to safeguard and secure the Information collected online.
- Sensitive Customer Information (such as credit card or bank account details) is encrypted using SSL encryption software.
- We may collect Information from you, including names, contact information including, email addresses, postal addresses and other Information relevant to customer surveys and/or offers, including your preferences and interests.
- If your personally identifiable information changes (such as postcode), or if a user no longer requires Service from us, we will endeavour to correct, update or remove that user’s personal data provided to us.
- From time to time, we may request Information from you via surveys or contests. Participation in these surveys or contests is completely voluntary, and you have a choice whether or not to disclose any Information requested. Information requested may include contact Information (such as name and delivery address) and Demographic Information (such as postcode and age level). Contact Information and Survey Information will be used for purposes of monitoring or improving the functionality of our websites owned and operated by us.
- We require this Information for internal record keeping and to understand your needs and requirements in order to enhance our Service to you.
- From time to time, we may send promotional emails using the email address provided by you about new products, special offers, or other information which we consider may be relevant to you.
- From time to time, we may use the Information provided by you to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the Information to customise our websites, owned and operated by us according to your interests.
- We will not sell, trade, rent or distribute the names or email addresses of our customers to any third party.
- All links to external websites made available are provided as a convenience to you. We do not have control, exercise no responsibility and make no representations regarding the accuracy or any other aspect of the content/Information found or used on visiting any third-party website. The provision of a link to a third-party website should not be considered an express or an implied endorsement of any content or Information, products or services that may be available to you through the third party.
- If you register as a user of our websites owned and operated by us, you will be asked to provide some basic Information. It is important to note that registration is not required for all sections of our websites owned and operated by us.
- We have put in place technological and operational security systems which provide protection against the loss or misuse of personally identifiable Information.
- Any questions relating to the security of our websites owned and operated by us should be
sent to firstname.lastname@example.org
- ‘CLC PAK’ and their staff are subjected to and will only use the Client’s data in accordance with the Client’s instructions. The Client’s Information will be protected based on strict secrecy and security. However, ‘CLC PAK’ will not be liable for any inappropriate use of the Client’s data or Information by any member of staff or third party which has been obtained without ‘CLC PAK’ instruction. ‘CLC PAK’ ensures compliance with the data protection laws of the country.
TERM AND TERMINATION
- Each party’s rights governing term and termination vary according to the Product(s) and/or Service(s) being provided. Such terms governing the relevant Product(s) and Service(s) being provided to you may be addressed in the Contract.
- You acknowledge and agree that the minimum length of any Ongoing Service(s) we provide to you will be 12 months from the date of the Order unless stated otherwise. You further agree that unless you cancel our Ongoing Service one month before the first anniversary of the Order, the Contract will automatically renew for a further 12 months (unless stated otherwise) and so on unless and until you provide us with notice in accordance with these terms and conditions.
- The Company has the right to terminate this agreement if the client does not pay the professional fees within the period of 15 working days after signing it.
- The company shall not be liable for any change of policies or programs by a third party /Educational Institution/Immigration Authority/Endorsement Body etc.
- If the client terminates the agreement, the client shall be liable to pay the full professional fee. If any appointment made with a third party is cancelled by the client or if the client asks to reschedule its appointment, the client shall be liable for all the applicable costs.
- In case of any dispute or conflict arising between the company and the client, the company shall not be liable for any loss and the client shall lose all the paid fees.
ASSIGNMENT AND SUB-CONTRACTING
- None of your rights or obligations under the Contract may be assigned or transferred in whole or in part without our prior written consent.
- The Customer Website shall be for your sole use and shall not be capable of assignment to a third party by you.
- We shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of or giving notice to you.
- Once you accept the ‘CLC PAK’ consultancy offered, you will not have the right to change your mind and withdraw from the Agreement after your application’s submission to any Immigration Authorities. However, you can pay our full-service charges and withdraw from the Agreement. You may terminate your instructions to us at any time by notifying us of your wishes in writing. We must give you reasonable notice that we will stop acting for you. In either case, we will be entitled to send you a bill to cover any charges and expenses (as set out earlier) not previously billed and, where appropriate, any costs incurred in transferring the matter to another firm apart from the service charges already agreed on the contract. We also are entitled to keep all your papers and documents if you still owe money to us for our charges and expenses.
- Any notice or other communication to be given under these General Terms must be in writing and may be delivered or sent by prepaid first-class letter post or email to email@example.com
- Any notice or document shall be deemed served: if delivered, at the time of delivery, if posted, 48 hours after posting, and if sent by email at the time of transmission.
- We have put in place technological and operational security systems which provide protection against the loss or misuse of personally identifiable Information.
- Storage of papers and documents (except for any of your papers/documents you ask to be returned to you) will be for more than six years. We will keep the file in our archive storage / hard disk (if available) on the understanding that we have the authority to destroy it six years after the date of the final bill we send you for this matter. We will destroy the documents you ask us to or deposit them in safe custody, although we reserve the right to charge you for such long-term storage. If we retrieve papers or documents from our archive storage/hard disk (if available) in relation to continuing or new instructions to act in connection with your affairs, we will not normally charge merely for such retrieval.
- ‘CLC PAK’ is confident in providing satisfactory consultancy in all respects. We aim to give all clients quality consultancy and other related services through its’ partner/s and director/s in a courteous and friendly manner. If you have any queries or concerns about our work, please raise them with the person acting for you first. If that does not resolve the problem or you prefer to speak to somebody else, please contact the senior management or the customer service manager. Is it important that you immediately raise the concerns you may have with us? We value your business and would not wish to think you have reason to be unhappy with us.
- If you wish to register a complaint against our consultancy, please do not hesitate to address your complaint to the management. All complaints should send to email: firstname.lastname@example.org. Please Note: All possible complaints should be submitted in writing. ‘CLC PAK’ intends to resolve all complaints within 90 working days.
- The invalidity, illegality or unenforceability of any provision of these General Terms should in no way affect the other Terms.
THIRD PARTY RIGHTS
- A person who is not a party to the Contract of these General Terms shall have no right to enforce any term of the Contract or these General Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
- These Terms and Conditions, even revised, edited, modified, or substituted, shall have retrospective effect always, unless specified otherwise.
- Each party shall be excused from performing its obligations (except for payment obligations) arising from any delay or default caused by events beyond its reasonable control, including, but not limited to, acts of God, health pandemics, acts of any civil, military or government authority, fire, floods, war, embargoes, labour disputes, acts of sabotage, riots, accidents, delays of carriers, voluntary or mandatory compliance with any government act, regulation or mandatory direction, request. For clarity, the Client’s requests shall not be considered ‘government’ requests under this provision.
- These General Terms and the Contract shall be governed and interpreted in all respects in accordance with The Contract Act, 1872.
- The parties irrevocably agree that the courts of Pakistan shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these General Terms.
- We shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these General Terms are entered into in the course of your trade or profession, the country of your principal place of business.
- All services provided are in-line and in Agreement with government legislation pertaining to money laundering, such as the Anti-Money Laundering Act 2010.
ADVICE ON IMMIGRATION LAWS
- This is the Client’s responsibility to promptly provide any documents requested by ‘CLC PAK’ with accurate and detailed information and documentation regarding personal details, qualifications/ work experience and any other relevant information that, in its sole discretion.
- The Service also considers current and publicly available migration legislation and policy of the country the Client will be applying for, ‘CLC PAK’ cannot be held responsible for any inaccuracy arising from changes to such legislation and policies which are not publicly available at the time the Service is provided, or which may occur after the Service has been provided to the Client. However, if there are changes in Immigration Law and before applying for the agreed visa services, such visa services will be removed by the authorities. ‘CLC PAK’ will be happy to offer those changes to our client and will work with our client according to the changes; this may include presenting the Client with a new/available or similar visa option provided the new contract and service charges agreed upon.
- ‘CLC PAK’ shall not be liable for documents or Information lost or misplaced by Courier Firm, any mail service provider or by any border and immigration authorities of any country, the client is applying for the visa.
- ‘CLC PAK’ shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in the approval of any application or arising from any third-party action.
DEFINITIONS AND INTERPRETATIONS
The following definitions and rules of interpretation apply in these General Terms:
Applicable Laws: means all applicable laws, statutes, regulations, and codes from time to time in force within the Pakistan.
Business Day: means a day other than a Sunday or public holiday in Pakistan when banks in Pakistan are open for business.
Business Hours: this means the period from 9.00 am to 6.00 pm on any Business Day.
Chisty Law Chambers or CLC PAK: means CHISTY LAW ASSOCIATES PRIVATE LIMITED, a company registered with SECP bearing Company number 0118024 duly incorporated on 2018, with core activities of providing Legal Advice, Legal Consultancy and Legal Counselling only, focusing on Tax Laws, Criminal Laws, Corporate Laws, Banking Laws, Civil Laws and Immigration laws.
“Terms and conditions” also refer to “Terms of business”.
“CLC PAK” refers to “CHISTY LAW ASSOCIATES PRIVATE LIMITED”, company number 0118024.
“Client” means “Individual, Businesses, Companies, Cooperate” and vice versa.
“Agreement” means “Contract” or “MoU” and vice versa
Charges: means the charges, also known as the professional fee, as set out between the parties (you and us) through the agreement/contract between them.
Compliance Authority: means the any government/semi government authorities responsible for the regulatory aspects of any industry sectors.
Confidential Information: means all Information designated as such by either party in writing together with all such other Information which relates to the business, affairs, products, developments, trade secrets, know-how, personnel and customers of either party or Information which may reasonably be regarded as the confidential Information of the disclosing party.
Contract: means a contract, subject to these General Terms, for the provision of the Product(s) and/or Service(s) between you and us.
*COVID-19: means the worldwide pandemic started on 11 March 2020 and is ongoing. The phrase ‘COVID-19’ was added to these terms and conditions on 24 March 2020.
Customer: means you, the company, firm, body or person purchasing the Product(s) and/or hiring the Service(s) from us.
Client’s Content/Data: means text, graphics, photographs, sounds, Information, data, music, video, film or any other copyright work publicly available on our Website or provided for publication by you or any other third party (excluding us) commissioned by you, together with all User Generated Content and Information regarding Users (such as, for example, the number of page impressions, users email addresses or other information posted by Users).
Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications.
Default: means any breach of the obligations of either party (including but not limited to a fundamental breach or breach of a fundamental term).
Domain Name: means the name registered with an Internet Registration Authority used as part of the ‘CLC PAK’ URL.
Domains: means the website domains owned and operated by us,
General: means Terms and conditions or Terms of Business OF CHISTY LAW ASSOCIATES PRIVATE LIMITED, Company Number 0118024, registered in Pakistan.
Information: means Information in any form (including visual and textual) published or otherwise made available (directly or indirectly) on the Internet through our Website.
Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Internet Registration Authority: means an official organisation which administers a database registry of all Domain Names based on specific geographical or other criteria.
Invoices: means invoices raised by us for the Product(s) and/or Service(s) provided pursuant to a Contract and if specifically requested, confirmed to you either by email or any other automated means.
Ongoing Service(s): means website support and maintenance, website hosting, website optimisation, or other Service (s) offered by us which may impose either a monthly or annual payment.
Online Marketing Services: means the provision of the data processing service(s) and software for our usage as defined in the Confidentiality Section of these General Terms.
Order: means a purchase order or Invoice for hiring us in respect of the Product(s) and/or Service(s), respectively.
Product(s): means the Product or products which are the subject matter of a Contract, being the Product (s) to be provided by us to you via email pursuant to the Order.
Quotation: means a quotation, either in written Form or as published on our Website, for an agreed piece of work (incorporating these General Terms.
Server: means our Internet server or servers.
Services: means our services which are the subject matter of a Contract, being the work and/or Service (s) to be performed by us for you pursuant to the Order, including, without limitation, the Ongoing Service(s) and any other service advertised or offered by us.
Specification: this means the specification for any services agreed upon between you and us by way of email and set out in the Order.
Standard Content: This means the technical Content that we supply to you for use in respect of any other Product or Service provided by us.
Standard Feature(s): means the standard range of features, facilities and services supplied to you by us, including the Standard Content in accordance with the pricing structure agreed between us and/or any other marketing literature, all of which may be changed or amended by us at our discretion and without notice.
Standard Form: this means our standard Form of Order.
Standing Order: means a regular, fixed payment from your bank account in favour of us.
User: means any member of the public accessing our Website via the Internet or by any other means.
User-Generated Content: means all such material posted by Users or visitors on our Website.
URL: means a uniform resource locator.
GST: General Sales tax chargeable under the taxation laws.
NOTE: CHISTY LAW ASSOCIATES PRIVATE LIMITED, company number 0118024, does not take any responsibility for any error or misprinting in these terms and conditions. CHISTY LAW ASSOCIATES PRIVATE LIMITED, its directors and its employees cannot be held responsible for any error or misprinting in this Website, ‘CLC PAK’ social media platforms, printed or non-printed material, and these terms and conditions.