Payment Terms and Conditions

Payment & Purchase Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just email us on info@talleyandbarrow.co.uk.

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Talley and Barrow BV a company registered the Netherlands under KvK number 74154370 whose registered office is at Klarestraat 21, Arnhem, Gelderland, 6811 DP with email address info@talleyandbarrow.co.uk; telephone number 02078594274; (the Supplier or us or we).
  2. These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  2. Contract means the legally-binding agreement between you and us for the supply of the Services;
  3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
  6. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  8. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
  9. Website means our website talleyandbarrow.co.uk on which the Services are advertised.

Services

  1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
  2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Services which appear on the Website are subject to availability.
  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

  1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

  1. The fees (Fees) for the Services (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
  2. Fees and charges include VAT at the rate applicable at the time of the Order.
  3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

  1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
    1. in the case of Services, within a reasonable time; and
    2. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  2. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
  3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  4. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  5. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
  6. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
  7. We do not generally deliver to addresses outside The Kingdom of the Netherlands, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  8. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  9. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  10. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
    1. goods that are made to your specifications or are clearly personalised;
    2. goods which are liable to deteriorate or expire rapidly.

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  2. If work has begun on your case, we will deduct a £55 (€65) administration charge plus any work on your case that we performed for 15 minutes or more. Our time will be billed at £110 (€125) per hour. For example, within the first 14 days if we spent 2 hours working on your case you would be charged £55 (€65) for the admin fee and an additional £220 (€250)   for two hours of our time at our hourly rate.  This would total £275 (€315).  You will then receive a refund for your fees minus the £275 (€315).  If the fee you paid us was £1,295 (€1,465) then your refund would be £1,020 (€1,160). This is just an example and not representative of your particular case.

 

  1. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  2. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

  1. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

  1. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
  2. At any point after 14 days If your circumstances have changed and you decide not to go forward with the visa; if all or most material work has been done on your case you will not be entitled to a refund. At any point, after 14 days you can cancel we will deduct a £165 (€185) administration charge plus any work on your case that we performed for 15 minutes or more.

 

  1. We do not refund any fees regarding client consultation.  Client consultation fees which have been waived upon signing the contract become chargeable upon cancelling the contract.

 

  1. All refunds are initiated by you requesting a Client Refund Request form.  On the form you must state the reason for your refund, the type of refund you are seeking (full or partial) your name and bank details.  If the basis of the refund is due to a complaint, you will need to also fill in a Client Complaint Form.
  2. Talley and Barrow value client satisfaction and your concerns are important to us. Please note that completion of the Client Refund Request form does not guarantee that your refund will be approved. Your refund request will be attended to personally, and the outcome communicated to you as soon as a decision has been reached.
  3. Decisions regarding refunds are made within seven business days by an official at Talley and Barrow, BV. Refund decisions are reached without the admission of liability and are full and final. Payment of refunds occurs within 30 calendar days of the refund decision.

Termination

  1. You may terminate your instructions to us in writing at any time but we can keep all your papers and documents while there is still money owed to us for fees and expenses. For example, you may decide you do not want to proceed or you no longer want to use our services. We will of course charge you for the work we have done and the disbursements that have been incurred. We charge our abortive costs based on the time and resources spent and based upon the person handling your matter. We will expect you to settle any outstanding monies immediately except in circumstances where you have discussed it with the Fee Earner and reached a separate agreement. Please note that we will charge interest at a rate of 10% on the total amount outstanding for any payments made after the completion or late payments where you have exceeded the time allowed to pay.
  2. We may decide to stop acting for you only with good reason, e.g. if you do not pay an interim bill or there is a conflict of interest. We must give you reasonable notice that we will stop acting for you. If you or we decide that we should stop acting for you, you will pay our charges up until that point. These are calculated on an hourly basis as set out in these terms and conditions.

Refund Policy

  1. If you have paid a fixed fee and subsequently request a refund of some or all of that money, we will refund any money due to you after deducting any direct costs to us associated with the processing of your payment and the processing of any refund and also any costs (including VAT and disbursements) which we have incurred in accordance with your instructions up to the date of your request for a refund.

Deduction for Goods supplied

  1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
  2. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

  1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Klarestraat 21, Arnhem, Gelderland, 6811 DP without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  2. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. conform to their description.
  3. It is not a failure to conform if the failure has its origin in your materials.
  4. We will supply the Services with reasonable skill and care.
  5. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Place of Business

 

  1. Talley & Barrow BV is registered in the Netherlands with the Chamber of Commerce with KVK Number, 74154370. As of 26-APR-2019, Talley and Barrow, LLP officially transferred its main operations to Talley and Barrow, BV in the Netherlands.   The Talley and Barrow LLP office located at 5 Chancery Lane London WC2A 1LG, will remain open until December 31, 2019.  Talley and Barrow, LLP has been dissolved as a company. Talley and Barrow, BV will be the main corporate entity.

 

  1. Talley and Barrow, BV is located at Klarestraat 21 Arnhem, Netherlands 6811 DP (around the corner from Primark) Talley and Barrow, BV is registered with the Netherlands Chamber of Commerce KvK 74154370
  2. Talley and Barrow charge for the work carried out on the case irrespective of the outcome. We do not operate on a “no win no fee basis.” In the case of negative/unsatisfactory outcome, we do not provide a part/full refund. Please note that fees paid to Talley and Barrow do not include Postage, Home Office or Embassy / High Commission fees. These would be paid directly to the relevant authority by yourself.

 

Fee Structure

  1. Our fee structure is divided into two groups: Paid Hourly Work and Paid Flat Fee work.  Generally, clients who require us to obtain visas for them on their behalf will be in our all-inclusive flat fee structure.  Clients requiring piecemeal or ad-hoc work will generally fall in our Paid Hourly Work structure.  Our fees for paid hourly work are £110 (€125) per hour.

Paid Hourly Work

  1. You agree to pay for legal services at the following rates: £110 (€125)  per hour. All personnel billing for their time will do so in 1/10 of an hour (i.e., six-minute) increments, and will round to the nearest such increment.
  2. When you instruct us to work for you on an hourly basis, all work associated with your case is chargeable.  This includes phone calls to you, phone calls we make or receive your behalf, text messages, instant messages, emails, faxes, travel time out of London, court appearances and legal prison visits. Generally, it is better for clients to ask many questions in one phone call rather than make many phone calls.
  3. You agree that these fees are reasonable on the basis of our ability, training, education, experience, professional standing and skill, and the difficulty, intricacy, importance, and time and skill required to perform the work to be done.
  4. Notwithstanding the expectation that all time spent on your case will be billed, we may, at our discretion, elect to “write off” or “no charge” certain time actually expended by lawyers, consultants or legal assistants/paralegals on your behalf. You acknowledge being on notice that any such write-offs are discretionary by us, and are expressly contingent on there being no dispute regarding payment of the remaining items billed to you.

Flat Fee Work

  1. Client fees of £500 /€570 must be paid in full before work can begin on your case.  Clients with fees in excess of  £500 /€570 may pay a minimum of 50% of the fees owed at the point of instructing us. The balance of the fees is due on the day that we post your application to the Home Office.  We will allow up to 90 days for the remainder of the balance to be paid. If we are kept waiting by you for longer than 90 days, the balance will become due immediately on the 91st day. Note that Day 1 is the day that you have signed the client care letter. We do not release any visa applications to clients until the balance is paid in full.

Discount For Paying All Fees Upfront

  1. We offer a 5% discount for our clients who choose to pay all Talley and Barrow upfront via Bank Transfer.  We do not offer this discount to clients paying by credit card.

Charges, Expenses And Payments

  1. We will make you aware of all charges and costs in relation to your immigration matter from the outset. However in some circumstances, if we need to instruct a professional to assist with your application then these fees will also need to be paid by you. In any event, we will request your authorisation prior to engaging with any third party.
  2. Payments are generally taken in Euro. Please contact us in advance of payment should you wish to pay in GBP or American Dollars. A small conversion fee will apply.
  3. VAT may be applicable to individuals residing in the Netherlands.

Financial Aspects

  1. Talley and Barrow BV are bound by rules and regulations of the banking system and the guidelines laid down by our regulatory body, listed below are the acceptable methods of payments: PayPal, Direct bank transfer, Credit Cards.

 

Proof of Identity

  1. The Law requires us to get satisfactory evidence of the identity of our clients. Therefore, we will not be able to progress your matter without satisfactory evidence of identity and we will not be able to submit an application on your behalf without satisfactory proof of identity.
  2. Under certain circumstances, we are obliged to disclose information to regulatory industries. If we know or have reason to suspect your transaction involves money laundering we may be required to make a disclosure. If we make a disclosure we will not be able to inform you it has been made because the law prevents “tipping off”. Where the law permits us we will tell you about any potential problem and what information we require from you.

Complaints Procedure

  1. At Talley and Barrow BV, we try to provide the best possible service to our clients and, in order to do this we need to know from you if you feel dissatisfied with any aspect of the service you receive, including your bill. Should you have any Complaint about any aspect of our services or our charges, please let us know straight away and we will attempt to remedy the problem.
  2. You can send your complaint by post at our office address or by email to complaints@talleyandbarrow.co.uk, we will then investigate your complaint in accordance with our complaints procedure and will take whatever steps are necessary to remedy the problem.
  3. Should you require a copy of our complaints procedure please let us know and we will provide you with a copy straight away.

What will happen next?

  • Within 2 weeks of receiving your complaint we will send you a letter acknowledging your complaint and ask you to confirm/ explain the details. In certain cases we may request for us to meet in person to clarify certain details.

 

  • We will send you our complaint for and ask you to fill it in with further details.

 

  • We will then record your complaint in our central register and open a file for your complaint and investigate your complaint. This may involve one or more of the following steps. We will consider your complaint again. We will then send you our detailed reply or invite you to a conference call to discuss the matter.

 

  • Within two days of the meeting we will write to you to confirm what took place and any solutions we have agreed with you. In appropriate cases we could offer an apology, a reduction of any bill or a repayment in relation to any payment received. Talley and Barrow intend to resolve any complaint within 6 weeks of receiving it.

 

What is not included in our fees?

  1. Most visa and citizenship applications have fees associated with it that are separate from Talley and Barrow fees.  The following fees are not included in the fee you pay to us
  • Home Office Fees
  • IHS Fees
  • Courier Fees
  • Postage

Other Important Information

  1. We charge additional fees (£300 per visa) for complex cases. Complex cases often include issues dealing with: Overstays, Deportation / removals, Applicant criminal record and / or jail time. Bankruptcy, Self-Employed Sponsors or applicants that use more than 3 bank accounts to prove the financial requirement.   This is not an exhaustive list of complex issues.
  2. Payments are accepted in Euro, Pound Sterling and US Dollars.
  3. Checks / Cheques, BACS and PayPal, Visa, MasterCard and AMEX are also accepted.
  4. We prefer payment by BACS or Bank Transfer.
  5. Visa, MasterCard and AMEX transactions may be subject to a 3.5% processing fee.
  6. We believe in transparency. If there is something you do not understand about the process, please ask.

Free Help And Assistance

  1. You should also be aware that Firms such as Citizens Advice Bureau and Law Centres could provide you with advice and representation in immigration matters free of charge. If you wish to consult them, their number can be found on the internet.

 

Outcome Of The Matter

 

  1. We will try our best to get a favourable outcome on all matters. However, success is not guaranteed and the outcome is dependent upon the merit of your case. We do not operate on a “no win no fee basis.”

 

  • What happens if your visa is refused?
  • If the refusal is due to a professional and foreseeable error made by anyone employed by or acting for the company, we will first look to appeal your case free of charge.  If the visa that was refused was an EEA Family Permit or EEA Residence card we will launch a new application, free of charge, instead of appealing.
  • Your Error / Change in Law
  • If you make an error, omit information and/or withhold information; and that information the proximate and/or factual cause of your refusal, an appeal and/or subsequent visa applications will cost £700 (€795).

 

  1. If the Home Office requires specialist information that is over and beyond what is normally required, there is an additional £110 (€125) per hour charge.

 

  1. If the refusal is due to an expected change in the law a subsequent visa application will cost £700 (€795).

 

Additional Work

  1. Should your case require additional work that is not typical of your type of application, by signing this agreement you authorise us to charge £110  (€125) /hour to resolve the situation. This also applies if you have a change in your personal circumstances or immigration status which mean that we must carry out additional work to complete your application. You will be notified in advance of carrying out the additional work that these charges apply.

Where We Perform Our Work

  1. Due to Brexit concerns and other mitigating factors, Talley and Barrow have opened a European Location. Talley and Barrow BV is registered with the Netherlands Chamber of Commerce.  Talley and Barrow, BV is located at Klarestraat 21, Arnhem, 6811 DP Netherlands.  Work on your case will be performed at our Dutch Office.  By agreeing to our terms and conditions you give us permission to transfer your files electronically, via courier or through the post between both offices on an as-needed basis.

Report on Progress

  1. We will update you by telephone or in writing with progress on your matter regularly but at least every six weeks and we will always try to keep you informed of any unexpected delays or changes in the character of the work. You may inquire at any time from me about a progress report.

HOW LONG IT TAKE TO RESOLVE THE MATTER

  1. At this stage, I am unable to give you an exact time in which your matter will be concluded. The time taken varies depending upon your case and the complexity of the matter.

 

  1. You should be aware that the Home Office and High Commissions decide on cases according to their own time scales and we have no control over this.

 

  1. Estimated timescales along with service levels on decisions can be found on the relevant websites.

 

Confidentiality

  1. We are under the duty to keep your affairs confidential to our firm and to ensure that our staffs do the same. If we are to release any confidential information which is unauthorised then this can lead to disciplinary action against us. The duty of confidentiality applies to information about your affairs and general information.

 

  1. It is likely that during the course of the work we undertake certain information may have to be disclosed to the third parties, for example, experts reports. We will only disclose such information having discussed the matter with you, having obtained your consent to disclose information or where we are under a professional obligation to do so.

 

Transfer of Files

  1. If you wish to instruct other Firms to deal with your matter, we will transfer your file to another adviser but you will still pay our fees. We will always release your file whether you have paid us or not. We may take action in the county courts to recover our fees should you refuse to pay.

 

Insurance Cover

  1. We maintain Professional Indemnity Insurance.

Engaging Experts

  1. We will only engage experts using objective criteria. In a situation where you may have need for interpreters, medical attention/report, etc, we will engage only professionals who are registered with a recognised accreditation body. Recognised bodies for interpreters include, The National Register for Public Service Interpreters, Metropolitan Police Test, Diploma in Public Service Interpreting, etc while the General Medical Council regulates medical doctors in the UK. The Nursing and Midwifery Council is another important regulatory body since we may be engaging the services of Nurses and Midwives during the cause of our work. It is also our company policy not to engage the services of the client’s family member or friend in order to avoid a conflict of interest in providing a professional service.

Regulation

  1. Talley and Barrow have an excellent record of visa approvals and client satisfaction. We will not take on a case unless we feel that it has a good to a reasonable chance of success.  As our immigration advice firm is based in the Netherlands we do not need to be registered with the OISC in order to advise you. We are experienced legally-trained practitioners in British Immigration law, however, we are not solicitors. Additionally, you should be aware that Talley and Barrow BV cannot be held to account by the OISC or any other regulator for their actions or any money you have paid to us should you be unsatisfied with our services.  That being said, we strive for client satisfaction and we want to make sure you are happy with our services. By agreeing to these Payment Terms and Conditions, you agree that you understand that we are not OISC regulated.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. Please see our privacy policy for more details.

Transfer of Operations

  1. As of 26-APR-2019, Talley and Barrow, LLP officially transferred its main operations to Talley and Barrow, BV in the Netherlands.   The Talley and Barrow LLP office located at 5 Chancery Lane London WC2A 1LG, will remain open until December 31, 2019.  Talley and Barrow, LLP has been dissolved as a company. Talley and Barrow, BV will be the main corporate entity.

 

How does all of this affect you?

  • Document Drop Off
    You can still drop off documents for me at 5 Chancery Lane London until December 31. 2019.  The receptionist is very friendly and will be happy to receive your documentation. There is a weekly shipment that goes from the London office to the Amsterdam (Arnhem) office.  Your documents will be insured and securely transferred.  Alternatively, we will arrange an in-person pick up of documents 1-2 times per month.
  • New UK-based clients 
    Face to face meetings may not be possible.  Video chat via Skype / FaceTime / WhatsApp may be a substitute
  • All UK-Based clients
  • The Home Office will post your visa/residence card /naturalisation approval directly to you instead of to the London Office.  The London office will remain open until December 31, 2019, for you to collect any documents sent to the office.
  • Clients outside the UK
    No change in operations.

Action By Yourself

  1. To enable us to provide you with an efficient service, you are committing yourself to ensure that:
  • You always keep us updated whenever any of your contact details change. We need to be able to contact you when necessary.
  • You will provide us with clear, timely and accurate instructions.
  • You will provide all documentation required to complete the transaction in a timely manner.
  • You will provide original documentation and not photocopies for us to submit to the Home Office
  • If you are required to submit Pay slips / pay stubs and or bank statements, all documentation will be original (not electronic versions) or they will be signed, stamped and verified by the originating institution.
  • You will safeguard and provide any documents which are likely to be required for the matter.
  • You will cooperate with us in all matters relating to us providing assessing with getting you your visa or citizenship
  • Failure to comply with the above is a Customer default which entitles us to suspend performance of services until you remedy the situation.  Should you fail to remedy the situation following our request, we can terminate this agreement with immediate effect on written notice to you. In such case you may not be entitled to a refund.

 

Duration, termination and suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (talleyandbarrow.co.uk/privacy) and cookies policy (talleyandbarrow.co.uk/cookies).
  3. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  6. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: data.protection@talleyandbarrow.co.uk.

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law and jurisdiction

  1. The Contract (including any non-contractual matters) is governed by the law of the Kingdom of the Netherlands.
  2. Disputes can be submitted to the jurisdiction of the courts of the Kingdom of the Netherlands.