Terms & Conditions
THIS IS A CONTRACT BETWEEN THE ENTITY NAMED IN THE APPLICABLE CUSTOMER FIELD HEREIN (“YOU” or “YOUR”), AND ENVOY GLOBAL INC., (FORMERLY VISANOW.COM, INC.) A DELAWARE CORPORATION (the “AGREEMENT”). THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, AND LIMITATIONS ON ENVOY GLOBAL INC., LIABILITY TO YOU. PLEASE READ IT CAREFULLY. BY CLICKING “I AGREE” BELOW AND CONTINUING TO USE THE ENVOY GLOBAL INC, SITE, THE INDIVIDUAL SO CLICKING REPRESENTS AND WARRANTS THAT S/HE HAS THE FULL AUTHORITY TO ACCEPT THIS AGREEMENT ON YOUR BEHALF, AND DOES SO INTENDING THAT YOU WILL BE BOUND THEREBY. ONCE YOU OPEN AN ACCOUNT WITH ENVOY YOU ARE AGREEING TO THESE TERMS FOR EVERY CASE YOU OPEN UNDER THIS ACCOUNT.
- GENERAL SERVICE TERMS
- Envoy Global Inc. (formerly VISANOW.COM, INC.) is a provider of technology, tools, and administrative support for its customers’ immigration matters (“Matters”). Envoy Global Inc. is not a law firm or a substitute for a law firm, and will not provide You with any legal advice or services. Envoy Global Inc. provides only non-legal services in conjunction with the preparation and submission of visa applications for nonimmigrant and immigrant visas, permanent residence, and citizenship status to the U.S. Bureau of Citizenship and Immigration Services and other governmental agencies regulating foreign persons entering the United States, and similar visa services for persons seeking entry into non-US jurisdictions (“Support Services”). Support Services are not legal advice or services and are not a substitute for the advice of lawyer.
- Any legal services provided in conjunction with Your Matters will be provided by Global Immigration Associates, P.C. (“GIA PC”), an Illinois professional corporation, or other attorneys who have agreed to be available to provide legal services to Envoy Global INC. customers (collectively, “Attorneys”). Envoy Global Inc. (formerly VISANOW.COM, INC.) is affiliated with GIA PC pursuant to a contract for Your benefit. Envoy Global Inc. does not have an attorney-client relationship with GIA PC. The Attorneys will be responsible for, and direct the activities of personnel in connection with any and all legal services necessary for the completion of Your Matters. The Attorneys are not employees, agents, or affiliates of Envoy Global Inc., and will exercise their independent legal judgment in rendering any legal services. If the Attorneys determine that they may not represent You after a conflicts check, your agreement will be canceled and you may be eligible for a partial refund.
- In order for Envoy Global Inc. and the Attorneys to effectively prepare and complete Your Matters, You must provide Envoy Global Inc. with all necessary documentation, information, and other required materials in a timely fashion. You must also otherwise cooperate with Envoy Global Inc. and the Attorneys, with respect to Your Matters as either may reasonably request from time to time. Failure to provide such cooperation may result in termination of this Agreement, and any associated representation by the Attorneys.
- Information provided by You to Envoy Global Inc. will be shared by Envoy Global Inc. with, where applicable, current or prospective employers, the Attorneys, and those government agencies as the filing and processing of Your Matters may require. Information You provide to, and Your communications with, Envoy Global Inc. will not be subject to any attorney-client, work product or other legal privilege from disclosure to third parties. Your information will be treated in accordance with this Agreement and the Envoy Global Inc. www.envoyglobal.com/privacy-policy, which is incorporated into this Agreement by reference.
- You may request the return of printed documents and other tangible physical materials provided by You to Envoy Global Inc. or copies of government filings made by Envoy Global Inc. on your behalf (to the extent copies of such filings are in the possession of Envoy Global Inc.), in conjunction with a termination of this Agreement. Envoy Global Inc. will return the relevant tangible physical materials and/or filing copies in its possession to You within a reasonable time after receipt by Envoy Global Inc. of Your written request. With respect to information provided electronically by You or filed electronically on Your behalf by Envoy Global Inc., You may also make a written request for the deletion of any such information that is in the possession of Envoy Global Inc., subject to the then-current Envoy Global Inc. data backup and retention policy, and applicable law.
- FEES AND PAYMENT
- The charges associated with the support services and technology platform furnished to You by Envoy Global Inc. hereunder (“Support Fees”) will include, without limitation, applicable government form and filing fees, and expenses for related third party services such as courier fees and facsimile charges. You agree to pay the charges set forth in the price quotation generated for you on app.envoyglobal.com in conjunction with your acceptance of this Agreement. Once a Matter has been initiated and Your payment has been received, Envoy Global Inc. will commence work on Your application. Support Fees will be billed to Your credit card as incurred, if You have elected to be billed by credit card. Any Support Fees which are not paid in advance by credit card will be due and payable by You within thirty (30) days of the date of Envoy Global Inc.’s invoice to You.
- You are solely responsible for payment of all fees incurred in conjunction with the processing of Your Matters. Failure to pay such fees may result in the termination of your access to the Support Services and termination of representation by the relevant Attorneys, subject to applicable law. You will also be responsible for any charges or costs incurred by Envoy Global Inc. associated with the collection of unpaid fees owed by You, including without limitation non-sufficient funds fees, chargebacks, and reasonable attorney’s fees incurred in collection of the matter.
- If You have an agreement with Your employee or candidate concerning sharing of the fees for a Matter concerning such employee, Envoy Global Inc. will use commercially reasonable efforts to facilitate acceptance of such shared payments to the extent permissible under applicable law. However, in no event will Envoy Global Inc. be required to collect unpaid fees from Your employee. You are and remain solely liable to Envoy Global Inc. for payment of fees in connection with any Matter You initiate pursuant to this Agreement.
- If governmental agencies increase filing fees or impose additional costs for filing of Your application(s), these costs will be added to the original Support Fees. Envoy Global Inc. reserves the right to adjust Support Fees for non-US filings if, at the time of such filing, there is a change in costs due to foreign currency exchange fluctuations versus the US Dollar. Additional amounts arising under this Section, if any, will be charged to your credit card at the time of filing or invoiced to you, depending on the payment terms agreed by Envoy Global Inc. for Your Matter.
- In the event that You terminate a Matter prior to completion, or Envoy Global Inc. terminates a Matter prior to completion due to nonpayment of fees owed by You, You will remain responsible for the payment of fees attributable to work already performed on, and filing or service fees incurred with respect to, such Matter through the date Envoy Global Inc. receives notice of the termination of the Matter. For amounts prepaid by You on a Matter that You terminate prior to completion, Envoy Global Inc. will retain a portion of the prepaid amount to cover work already performed on, and filing or service fees incurred with respect to, the Matter. In the event of termination prior to completion, the percentage of fees that will be owed by you or affiliated with Envoy Global Inc. if prepaid by you, will depend on the status of your case and are set forth in following chart.
||100% Support Fees,
100% Filing Fees
|Attorney Review/Customer Review/Documents Needed
||25% Support Fees,
100% Filing Fees
|Ready For Government
||0% Support Fees,
100% Filing Fees
|Sent To Government
- DISPUTE RESOLUTION, GOVERNING LAW
- If You and Envoy Global Inc. are unable to resolve any dispute or claim arising between You and Envoy Global Inc. pursuant to this Agreement through informal discussions, You and Envoy Global Inc. agree to submit such disputes to binding arbitration or small claims court rather than to a court of general jurisdiction. Any arbitration under this Section will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by entering into this Agreement, You and Envoy Global Inc. are each waiving the right to a trial by jury or to participate in a class action.
- YOU and Envoy Global Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. You and Envoy Global Inc. agree that this arbitration agreement is governed by the Federal Arbitration Act (“FAA”).
- For the purpose of this Agreement, “dispute or claim” means any assertion of a right, dispute or controversy between You and Envoy Global Inc. arising from or relating to this Agreement and/or the relationships resulting from this Agreement. This includes claims of every kind and nature including, but not limited to, initial claims, counterclaims, cross-claims, third-party claims, and claims based upon contract, tort, intentional tort, statutes, regulations, common law and equity. Envoy Global Inc. will not compel arbitration under this Agreement for any individual claim that You properly file and pursue in a small claims court of competent jurisdiction, so long as Your claim is pending only in that court.
- A party intending to seek arbitration must first send a written Notice of Dispute (“Notice”) to the other party via U.S. certified mail, return receipt requested. A Notice to Envoy Global Inc. should be addressed to: Notice of Dispute, 230 W. Monroe St., Suite 2700, Chicago, IL 60606, ATTN: Chief Financial Officer. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Envoy Global Inc. and You do not reach an agreement to resolve the claim within 30 days is received, either You or Envoy Global Inc. may commence an arbitration proceeding.
- The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by this Agreement. All issues are for the arbitrator to decide, except issues relating to the scope, enforceability, and interpretation of the arbitration provision. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact nor conclusion of law made in any other arbitration of any dispute or claim to which Envoy Global Inc. was a party.
- The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Further, unless both You and Envoy Global Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither You nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
- If either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
- Notwithstanding any provision in this Agreement to the contrary, Envoy Global Inc. agrees that any future change to this Section 3 (other than a change to any notice address, website link or telephone number provided herein), will not apply to any dispute for which Envoy Global Inc. had received Notice prior to the effective date of the change.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
- ENVOY GLOBAL INC. MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT: (A) THE WEBSITE AT www.envoyglobal.com OR APP.envoyglobal.com (“SITES”), THE FUNCTIONALITY CONTAINED THEREIN, OR ANY OTHER APPLICATIONS OR MATERIALS FURNISHED BY ENVOY GLOBAL INC. WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, APPLICATIONS, OR MATERIALS FURNISHED BY ENVOY GLOBAL INC. WILL BE ACCURATE; OR (C) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR THEIR ASSOCIATED FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. ALL MATERIALS, INFORMATION, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITES OR OTHERWISE FURNISHED TO YOU BY ENVOY GLOBAL INC. ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENVOY GLOBAL INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- ACCESS TO THE SITES AND USE OF THE APPLICATIONS, MATERIALS AND FUNCTIONALITY CONTAINED THEREIN IS AT YOUR OWN RISK. IN NO EVENT WILL ENVOY GLOBAL INC. BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE TO COMPUTER SYSTEMS, LOSS OF DATA, OR INTERFERENCE WITH THE OPERATION OF ANY SYSTEM OR NETWORKS THAT RESULTS FROM YOUR ACCESS OF THE SITES, OR YOUR USE OR DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR FUNCTIONALITY CONTAINED THEREIN.
- EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE TO HOLD ENVOY GLOBAL INC., TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS (“THE ENVOY GLOBAL PARTIES”), HARMLESS FROM AND AGAINST ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, REGARDLESS OF THE FORM OF CLAIM, DEMAND, OR ACTION FOR SUCH DAMAGES, ARISING OUT OF OR RELATING TO THE SUPPORT SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE. EVEN IF ENVOY GLOBAL INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ADDITIONALLY, YOU AGREE TO HOLD THE ENVOY PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LOSSES, AND DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES AND COURT COSTS) ARISING FROM OR RELATING TO: (A) YOUR VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS; or (B) YOUR FALSE STATEMENTS, MISREPRESENTATIONS, FRAUD, OR NEGLIGENCE.
- IN NO EVENT WILL ENVOY GLOBAL INC. BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO ENVOY GLOBAL INC. PURSUANT TO THIS AGREEMENT, FOR THE SUPPORT SERVICES GIVING RISE TO YOUR CLAIM.
- YOU UNDERSTAND AND AGREE THAT THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY ARE MATERIAL INDUCEMENTS FOR ENVOY GLOBAL INC.’S ACCEPTANCE OF THIS AGREEMENT, AND ITS FURNISHING OF SUPPORT SERVICES TO YOU PURSUANT TO THIS AGREEMENT.
- COMPLETE AGREEMENT, NO AGENCY OR THIRD PARTY BENEFICIARIES
- The parties hereto are engaged as independent contractors, and this Agreement does not create any agency, partnership, or joint venture relationship between the parties. This Agreement does not and is not intended to confer any rights or remedies on any person or entity other than the parties hereto.
- APPLICABLE LAW
- Except for the arbitration agreement contained in Section 3, which is governed by the Federal Arbitration Act, You and Envoy Global Inc. each agree that this Agreement is made pursuant to and governed by the substantive law of Illinois, without giving effect to its rules for conflicts of laws.