Please read these Terms and Conditions of Use carefully before accessing or using our website or completing a purchase for service.
1. ACCEPTANCE OF TERMS
1.1. This Terms are made up of these Terms of Service (including Annexes and Appendices hereto, “Terms”) together with any Order Forms (collectively, "Agreement") and is made between Customer ("Customer" or "you") and Fantastic Internet LLC, having its register address at 111 NE 1st St, 8th Floor, 88464 Miami, FL 33132, or other legal entity identified on the Order Form ("Kosmo" or "Company") (each a "Party", together, the "Parties") and governs the provision of the Services by Kosmo.
1.2. Your access and use of the Service constitutes your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.4. Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.
2. PROVISION OF SERVICES
2.1. Kosmo provides consultation services in relation to stage 1 of the applicant for Global Talent UK Visa, known as Application for Endorsement (“Services”). The Services may include strategic advice on profile positioning and preparation of the application or other documents to be sent to Tech Nation for endorsement, assistance with reviewing the unsuccessful application or making a new application for endorsement. As a separate package, the Services may include PR support.
2.2. You shall cooperate with Kosmo throughout the provision of the Services, in a timely manner and without delay provide all materials and information Kosmo may reasonably request, ensure the provided materials and information is correct, strictly follow the directions of Kosmo. You represent and warrant to the Company that all required information you submit is truthful and accurate. You acknowledge that success of the application for endorsement directly depends on proper fulfilment of your obligations under this clause.
2.3. You may from time to time provide Kosmo suggestions or comments for enhancements or improvements, new services or other feedback ("Feedback") with respect to the Service. Kosmo will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality. Kosmo will have the full, unencumbered right, without any obligation to compensate or reimburse you, to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with its products and services.
3. PAYMENTS AND REFUNDS
3.1. Fees for the Services will be invoiced according to the Order Form. "Order Form" means the: (i) signed order form between the Parties; or (ii) the applicable online registration form or click through agreement referencing these Terms.
3.2. Fees for the Application for Endorsement support shall be paid in two instalments, unless expressly stated otherwise in the Order Form. First instalment shall be payable upon execution of the Order Form. Second instalment shall be payable upon receipt of the endorsement from Tech Nation. Fees for the PR support service shall be paid in one instalment upon execution of the Order Form. All payments shall be made in the currency indicated in the Order Form in full and cleared funds without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law) within three (3) days after the applicable invoice date, unless otherwise specified in the Order Form ("Payment Due Date").
3.3. All payment obligations are non-cancelable and all amounts paid are non-refundable unless expressly stated otherwise in the Agreement or in the Order Form.
3.4. Fees are exclusive of value added tax (VAT) or any other local sales taxes.
3.5. If payment has not occurred by the Payment Due Date, then without limiting any other right or remedy available to Kosmo, Kosmo reserves the right to charge a late fee ("Late Fee") of 1.5% of the invoice amount and suspend provision of the Services until the payment is made. Prior to charging Late Fee, Kosmo may but is not obliged to contact Customer regarding the delinquency and verify receipt of the applicable invoice. Customer shall provide Kosmo with complete and accurate billing and contact information.
3.6. The Fees does not include any costs and expenses associated with the Services. The Customer is solely responsible to pay all and any costs and expenses, inter alia, government fees, Tech Nation application fee, visa application fee, Immigration Health Surcharge etc.
3.7. In case Kosmo pays any costs or expenses on behalf of and for the benefit of the Customer, the latter shall reimburse Kosmo for such payment within 3 (three) days upon receipt of the invoice and the proof of payment.
3.8. If Customer believes that Kosmo has billed Customer incorrectly, Customer must contact Kosmo no later than five (5) days after receipt of invoice in order to receive an adjustment. Inquiries should be directed to Kosmo’s contact email set forth in the applicable Order Form.
4. CONFIDENTIALITY AND PROPRIETARY INFORMATION
4.1. Either Party (the “Receiving Party”) may receive Confidential Information of the other Party (the “Disclosing Party”) and the Receiving Party shall keep all such Confidential Information confidential and protect it by using the same level of care and discretion that the Receiving Party uses with respect to its own confidential information, which will be in no case less than reasonable care and discretion.
4.2. The Receiving Party shall not use the Confidential Information for its own purposes (other than as provided in the Agreement) nor disclose Confidential Information to any person other than who have a need to know that Confidential Information provided that the Receiving Party remains responsible for the confidentiality of the information. The Parties shall not use Confidential Information for any purpose other than as necessary to exercise rights or fulfill obligations under the Agreement.
4.3. Without limiting the foregoing, either Party may disclose Confidential Information to a government authority if that disclosure is: (a) required by law or (b) necessary to exercise its rights or perform its obligations under and in accordance with the Agreement.
4.4. In the Agreement, “Confidential Information” means any information on the Customer in relation to the Services as well as business information of a confidential or proprietary nature (including trade secrets and information of commercial value) of Kosmo, including without limitation, pricing, information materials, know-how, advice, which relates to the Disclosing Party that is disclosed or provided to Receiving Party by or on behalf of Disclosing Party pursuant to the Agreement; provided, however, that Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the Receiving Party; (ii) was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; (iv) is independently developed by the Receiving Party.
4.5. This Section shall apply during the Term of this Agreement, and for three (3) years after the Agreement’s termination or expiry.
5. USER REPRESENTATIONS AND RESTRICTIONS
5.1. By using the Service, you represent and warrant that:
5.1.1. you have the legal capacity and you agree to comply with these Terms;
5.1.2. you are not under the age of 18;
5.1.3. you will not use the Service for any illegal or unauthorized purpose;
5.1.4. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
5.1.5. you are not listed on any U.S. government list of prohibited or restricted parties; and
5.1.6. your use of the Service will not violate any applicable law or regulation.
5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
5.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
5.4. As a user of the Service, you agree not to:
5.4.1. systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
5.4.2. make any unauthorized use of the Service;
5.4.3. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
5.4.4. use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
5.4.5. make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
5.4.6. use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
5.4.7. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
5.4.8. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
5.4.9. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
5.4.10. use the Service in a manner inconsistent with any applicable laws or regulations; or
5.4.11. otherwise infringe these Terms.
6. IMPORTANT DISCLAIMERS
6.1. WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.
6.2. THE INFORMATION PROVIDED ON THE WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. YOU SHOULD NOT ACT OR RELY ON ANY INFORMATION CONTAINED IN THIS WEBSITE WITHOUT FIRST SEEKING THE ADVICE OF AN ATTORNEY. PLEASE BE AWARE THAT NEITHER THE WEBSITE NOR THE USE OF INFORMATION FROM THE WEBSITE CREATES AN ATTORNEY-CLIENT RELATIONSHIP.
6.3. THE COMPANY IS NOT A LEGAL PROVIDER OR ACCOUNTANT AND DOES NOT OFFER LEGAL OR TAX SERVICES BUT ONLY ACTS AS A REFERRER TO IMMIGRATION ADVISORS. ADVICE WHICH YOU MAY RECEIVE DURING THE ONBOARDING CALL OR A CONSULTING SESSION WITH AN IMMIGRATION ADVISOR, IS LIMITED TO IMMIGRATION MATTERS ONLY. WE DO NOT PROVIDE TAX ADVICE. YOU MAY NEED TO GET PROPER LEGAL AND TAX ADVICE IN YOUR HOME JURISDICTION WITH REGARD TO YOUR ANTICIPATED IMMIGRATION.
6.4. THE COMPANY IS NOT AFFILIATED WITH OR ENDORSED BY TECH NATION, THE GLOBAL TALENT VISA OR THE GOVERNMENT OF THE UNITED KINGDOM. 6.5. CLAIMS ON THE WEBSITE ARE SUBJECT TO CERTAIN CONDITIONS, MAY CHANGE, AND MAY BE OUTDATED WHEN APPLYING, MAY NOT BE RELEVANT TO YOUR PERSONAL SITUATION, MAY BE LIMITED IN TIME, AND ARE NOT LEGALLY OR FISCALLY BINDING. ONLY AN IMMIGRATION ADVISOR CAN ADVISE YOU, NAMELY DURING THE CONSULTING SESSION, ON THE SPECIFIC UP-TO-DATE BENEFITS OF PORTUGUESE RESIDENCY FOR YOUR UNIQUE PERSONAL SITUATION. THE COMPANY IS NOT LIABLE FOR ANY INACCURACY OR INCOMPLETE INFORMATION ON THE WEBSITE.
7. LIMITATION OF LIABILITY
7.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE WEBSITE, CONTENT AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
7.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
7.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your violation of these Terms. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. TERM AND TERMINATION
9.1. The Agreement shall become effective on the date the Customer signs the Order Form which references the Agreement (the "Effective Date") and shall continue until the Parties fulfil their obligations under the Agreement in full.
9.2. Without affecting any other right or remedy available to it, either Party may terminate the Agreement upon providing five (5) days prior written notice to the other Party. If the Agreement is terminated by you or due to your fault, the first instalment of the Fees is non-refundable.
9.3. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. The laws of England and Wales, excluding its conflicts of law principles, govern these Terms and your use of the Service.
10.2. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The International Expedited Procedures of the International Centre for Dispute Resolution shall apply regardless of the amount in dispute. The place of arbitration shall be Nicosia, Cyprus, however the Parties agree that in case an oral hearing is necessary, it shall be conducted via video, audio, or other electronic means. The language of the arbitration shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
11. MISCELLANEOUS PROVISIONS
11.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
11.2. If any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
11.3. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
11.4. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Agreement (unless otherwise is expressly indicated).
11.5. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "ADD TO CART", "PAY" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
11.6. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at firstname.lastname@example.org.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 6 Feb 2023