Immigration Consulting Services Agreement

Made and entered into by and between IntoBotswana Immigration Advisory (Consultant or IntoBotswana) and (Client)

Definitions

Agreement

The document defining the general terms that shall apply to all consultancy agreements and retainer contracts involving IntoBotswana Immigration Advisory and the Client.

The Parties

The parties shall refer to IntoBotswana Immigration Advisory (hereinafter known as ‘IntoBotswana or Consultant’) and the Client (hereinafter known as ‘the Client’) who are signatories to this agreement.

Preamble

WHEREAS,  IntoBotswana Immigration Advisory, is a duly incorporated company registered in terms of the laws of Botswana and is performing immigration consulting services within and for the jurisdiction of Botswana;

WHEREAS, the Client requires immigration consulting services to be provided by IntoBotswana;

WHEREAS,  IntoBotswana is able  to provide such immigration consulting service to the Client under the terms and conditions of this Agreement;

WHEREAS, the Client hereby retains and/or engages the services of IntoBotswana as Consultant and Advisor to perform the consulting services identified by Client;

NOW, THEREFORE, the Client and the Consultant hereby agree as follows:

Scope of Services

IntoBotswana provides a menu of services. The Client will, with guidance from IntoBotswana identify the most relevant service for their case. Consulting services are mutually agreed upon and described in a Quotation.

Quotation will set forth at a minimum:

1. Clear and detailed description of the services to be rendered;

2. The applicable fees for the Services to be rendered (Services Fees); and

3. Any additional terms and conditions to which the parties may agree.

Services provided by Consultant 

1.    Explore the best immigration strategy for your case

2. Immigration Application Assessment and Processing

3.  Tracking and monitoring submitted applications

4. Compliance, Audits and Training

5.  Special Projects Management

Warranty by IntoBotswana

IntoBotswana represents and warrants to the Client that it has the competency, experience, and ability to perform the services required by this Agreement;

The Consultant shall perform such services in a professional, and timely manner; and,

The Consultant warrants that  it has the power to enter and perform this Agreement on behalf of the Client.

Independent Contractor

The services rendered by IntoBotswana under this Agreement shall be solely as an independent contractor.

Confidentiality and Nondisclosure

Because of sensitive information handled in immigration case management, IntoBotswana agrees to follow standard information security procedures and those specific to the Client. Client information such as biographical, financial, and other personal records, business affairs, customers, vendors, properties and other such information, whether written, oral, or otherwise, is collectively referred to and shall be treated as confidential.

Unless directed or consented to by Client, the Consultant shall not at any time during or after the term of this Agreement release or disclose any confidential information to any person or legal entity whatsoever unless it contravenes statutory provision.

Upon the termination of this Agreement, the Consultant shall turn over if so requested to Client all documents, papers, and other matter in its possession or control that relate to Client.

The Client agrees to hold all information regarding IntoBotswana’s proposal(s), fee structures, and personnel in the strict confidence.

IntoBotswana’s Role

IntoBotswana’s role is to provide independent Botswana immigration related advice. Services shall be limited to the area of expertise described in the Scope of Services.

The purpose of Consulting is to provide immigration advisory, immigration representation, immigration paperwork preparation, immigration case management and other related services.

To that effect, Client shall provide IntoBotswana with accurate and sufficient information for purposes of acting on an immigration matter.

Performance

All commitments with respect to the timing and scope given to the Client by IntoBotswana– whether verbal or written – are made in good faith.

While the Consultant undertakes to make all endeavors to fulfil its obligations agreed to herein as far as time, scope of the consultancy and other projects, the Consultant shall not be responsible for delays caused by:

• government office process and procedures.

• unforeseeable difficulty in obtaining certain information from Client or any other source.

Client’s Role

Responsibility of Client: To provide IntoBotswana with accurate, genuine and honest information and documentation as are required or relevant to perform the consultation. 

Advice current on date of consultation: The advice provided by IntoBotswana to Client is based on Botswana immigration processes on the date of the consultation . IntoBotswana is not responsible or accountable for any change in government legislation or policy that may impact the processing of any subsequent application by Client.

Acceptance

Any instructions received by IntoBotswana Immigration Advisory from the Client for the provision of immigration consulting service(s) and / or the Client’s acceptance of the Quotation and the Terms and Conditions shall constitute acceptance of the Terms and Conditions of the Agreement.

Effect of Agreement

Unless otherwise agreed by both parties, the terms of this agreement will commence when the Client formally accepts the Quotation and Terms and Conditions in writing, which may be by letter, facsimile or electronic communication such as by email.

Payment of Service Fees

In consideration of the Services to be provided by the IntoBotswana to the Client hereunder, the Client shall pay IntoBotswana service fees as outlined and agreed to in the Services Quotation furnished to the Client.

IntoBotswana may incur other expenses in connection with performing the Services and all efforts will be made to seek prior written approval from Client for reimbursement of such expenses. Where prior approval may not be possible, Client will be furnished with adequate records of such expenses.

To obtain reimbursement, IntoBotswana shall submit to Client an invoice describing the services rendered and the expenses incurred in line with Client’s documentation requirements.

•       All Quotations are valid for a period of 7 days from the date of issue prior to confirmation of engagement of Services by the Client.

•       Payments must be made in advance of any service delivery, by invoice.

•       All invoices rendered by IntoBotswana Immigration Advisory are payable within 7 days from the date of invoice, unless otherwise agreed within the Quotation. The Client agrees to pay IntoBotswana Immigration Advisory in full within this time period.

•       If the client fails to make any payment on time without giving notification of due cause then IntoBotswana reserves the right to withhold delivery of any further consultancy or stages of work contained within the Quotation and will not be responsible for any inconvenience, loss or damage so caused.

•       Work will not commence on the client’s behalf until payment is  received.

Liability for Advice Given

No guarantees on outcome: IntoBotswana does not guarantee any decisions reached by the Government of Botswana in as far as the Client’s application is concerned.

IntoBotswana Immigration Advisory provides information, advice and services in good faith based on information available and provided by the Client at the time. The Consultant does  not warrant the accuracy of information provided by the Client. It is for the Client to decide whether or not to accept our advice in making his/her own decisions. Therefore, IntoBotswana Immigration Advisory accepts no liability for the consequences of its information, opinions and advice, whether direct or indirect.

The Client by signing this agreement  indemnifies IntoBotswana Immigration Advisory  from and against any claims by any third party for or in respect of such damages.

Governing Law

This Agreement shall be construed and enforced in accordance with the laws of Botswana.

Termination of Agreement

Either party is free to terminate the Consulting Agreement at will, at any time, with or without cause. 

On termination of this Agreement by Client, all consulting and other fees unpaid by the Client pursuant to this Agreement will immediately become due and payable.

Where  such fees or costs are not paid for a period of 30 days then (without prejudice to other rights that IntoBotswana may have for breach of this Agreement or otherwise) IntoBotswana will be entitled to seek further recourse in terms of the laws of Botswana without further notice to the Client.

Declaration

This Agreement, represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and merges all prior discussions between them and supersedes and replaces any and every other agreement or understanding which may have existed between the parties.