Terms of Service
TERMS OF AGREEMENT
Welcome to Visadb.io – thank you for your interest!
Please read carefully before using Visadb’s Digital Marketplace Platform and website
Visadb.io Inc registered C-Corporation in Delaware, United States with business registered address 1114 Fieldstone Ln, Bartlett, IL 60103, EIN number 371915419 (the “Visadb”) is the owner of all domains with Visadb.io offering Digital Marketplace, technology Platform and information database to allow user to hire Verified Experts services, browse visa requirements, destination safety and risk information (the “Visadb Digital Marketplace” and “Platform”).
Entity Level Acceptance: If you are using the Visadb Platform as a registered User on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting them, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
The principles we have used to formulate these User Terms are:
- These Terms contain foundational terms or concepts which provide contractual protection for all purchases in the Visadb Digital Marketplacemade through Service Listing Pages. It is designed to work with a separate Service Agreement to enable customisation of contracts between User and Expert for a particular business opportunity.
- Words which have a special legal meaning are outlined in the “Definitions” chapter. Nonetheless, where possible, we explain terms as we go rather than relying on definitions.
- “Terms” or “User Terms” or “terms of agreement” means this cooperation agreement between the User and Visadb’s Inc. Digital Marketplace.
- “Visadb”, “Visadb.io”, "our", "us" and "we" means Visadb.io, Inc.
- "entity" means a person, partnership, organisation, or business that has a legal and separately identifiable existence.
- "Digital Marketplace" means technology, processes or resources made available by the Visadb.io, Inc to facilitate clients procuring digital services to “users” from approved Experts providing professional services “suppliers”. This is used as a synonym for “Digital Platform”, “Visadb Platform”, “Visadb’s Platform”, “Platform”, “Digital Marketplace”, “Visadb Digital Marketplace” in this terms of agreement.
- "User" “you” “your” “yours” means an individual and/or entity registered as a User by email and password or by a using social media account from Facebook, Google or Twitter in the Visadb Digital Marketplace and who can make use of the free-access data information in the site and contact an Expert (you) from the Service Listing Page to make Consultation Call Request or Full-service Request or hire or buy full Expert services.
- “Expert”, "approved experts" or “experts” is a legal person or registered business which provides professional services on Visadb Digital Marketplace and Network, and which was selected by the Visadb team through license verification, research and interviewing.
- "Service", “service” or “services” means the professional work offered to be performed in specific areas of expertise by the Expert as described in Chapter 4.
- "Service Listing" or “Service Listing Page” means a detailed service page (Chapter 4) that has been published on the Visadb Digital Marketplace by Experts and may lead to the creation of a Service Requests by the Users. The Service Listing includes an estimated price and what may be included in the professional work offering.
- "Service Request" means a first contact and inquiry made by the User from the the Service Listing Page published on Visadb Digital Marketplace, and it may lead to the creation of a Service Agreement and purchase. Refer to Chapter 4 for Services details.
- "Service Proposal” means the offer that the Expert will make to the User in terms of work, milestones, total pricing and payment schedule. Refer to Chapter 4 for Services details.
- “Service Agreement” constitutes a separate contract between the User and Expert with service delivery Milestones and payment schedule which both User and Expert agree for a Full-service order.
- “Full-service milestone” or “Milestone” means any item or items to be delivered or requested under a Service Agreement by an Expert to a User (you) and may include, but is not limited to, documents, forms, and any of their modifications with an agreed deadline. This arrangement helps to measure progress in the Services.
- “Full-service” is a complete work offered by the Expert divided in Milestones to meet the User’s needs in their Request.
- "area of expertise" means a defined set of skills, knowledge and experience which are the categories of the services you provide through the Visadb Digital Marketplace and which fall into the Platform’s scope.
- "commencement date" means the date you (the User) create an account and browse the approved Experts services, which is the day in which you complete the registration and accept this Visadb Terms which you must accept before you (a User) open a Consultation Call Request or request a Full-service
- "confidential information" means information that is by its nature regarded in law as confidential, and which is either:
- Designated by a party as confidential or Described in the Service Agreement and Milestones as confidential or Agreed in writing by the parties as confidential
- Known to be, or ought to be known to be, confidential by a party or It does not include information that is, or becomes, public knowledge other than by breach of these Terms or a Service Agreement or any other confidentiality obligation.
- "conflict of interest" means financial or non-financial interests, or relationships, that could affect or be perceived to affect any aspect of your participation in the Digital Marketplace.
- "consequential loss" means any loss recoverable at law (other than arising in the usual course of things) including:
- a loss of income or revenue or a loss of opportunity or goodwill,
- a loss of profits or a loss of anticipated savings or business or a loss of value of any equipment
- Insolvency is a type of financial distress, meaning the financial state in which a person or entity is no longer able to pay the obligations and unable to offer a Service after it was accepted by them or the User does not comply with the Milestones required.
- “Intellectual property rights" means the rights of a creator or an owner relating to copyrights, trademarks, patents, know-how, models, drawings, designs, specifications, inventions, prototypes, and software, whether or not in material form, and any application or right to apply for registration of any of these rights.
- "loss" means loss, damage, cost, or expense (to any person or property) including consequential loss or indirect loss or any loss of profits, data, or revenue.
- "material" or “materials” means any software, firmware, documented methodology or process, documentation, or other material in whatever form, including without limitation any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of intellectual property rights.
- "moral rights consents" means written consent or waiver to another party that would otherwise breach some or all of a creator’s moral rights.
- "personnel" or “staff” means, in relation to a party, in this case the Expert, any natural persons who are employees, officers, agents, contractors, subcontractors or professional advisers of that party.
- "proprietary software" means pre-existing software owned by an entity other than the ones developed by Visadb.
- "software" means the programs, programming languages, and data that direct the operations of a computer system includes as well as any standard form documentation that is usually provided to customers within the software.
INTRODUCTION AND SCOPE
These Terms of agreement are between you and Visadb. These Terms begin on the commencement date and continue until terminated by either party.
Visadb declares its main business activity as a Digital Marketplace and to manage the technology Platform. Providing and assisting the digital recruitment and delivery of services between Users and Experts including messaging, file transfer, billing and email services which makes visadb a technology service provider and charges a fee for it from the Expert.
The Expert provides the Users of the Platform with their services. The contact between the Expert and the Users of the Platform shall only take place through the Platform, as well as the provision of the entirety of expert’s Services, unless impossible. If so, the provision of the services shall take place through different, appropriate means that will be specified, by the Expert, to (you) the User through the Platform by messaging them or mentioning it in the Service Agreement.
The Expert will register in the Visadb Platform in order to set up an Expert account, providing all the required information and documents. The registration of the account will be done through a personalized link provided by Visadb after the interview. When registering, the Expert shall create the account with a username and password. Visadb shall not be liable for any damages incurred due to the Expert’s failure to comply with the above obligations.
- It is the Expert’s responsibility that all information provided by either them or any persons acting on their behalf in connection with the registration is complete and truthful, and in the event of a change in circumstances, they undertake to immediately update it, so that the available data is complete, up-to-date, and truthful. It is the Expert’s and User’s responsibility to make sure that the information delivered through the Platform to both the Users and the Experts is accurate.
- The Expert agrees to make the User aware of any possible outcomes of visa and other items/document acquisition in the Service Agreement as well as to mention about non-refundable government fees clearly to avoid disputes.
Experts can provide services via 2 Service Requests:
CONSULTATION CALL SERVICE REQUEST
- The Expert offers free or paid (the modality is determined by the Expert) Consultation Calls through the Visadb Platform. The User chooses the subject and contacts the Expert through the functionalities available on the Platform. You can initiate a Consultation Request booking by choosing three options of date and time. You will be asked to add your banking information to authorize the payment but you will NOT be charged until the Expert accepts your Request. See Payments for more details.
- The Expert has 48 hours (starting from the moment the User sent the booking request) to decide if they agree to the Consultation Request.
- The Expert determines if the Request matches their expertise and availability and accepts the Request by clicking the “Accept” button. Visadb then charges (you) the Users in advance the price of the Consultation Call mentioned on the Expert’s Service Listing Page to Visadb bank account through the Platform, using the payment services integrated in it and issues an invoice sent on your registered email (See Chapter 4).
- After the successful Consultation Call took place, if the User is interested in further cooperation with the Expert, the Expert shall propose a Full-service plan (Service Proposal) including Milestones, and the amount of remuneration for their full services as well as a proposed timeline as a separate complete Service. In which case, the price that has been already paid for the Consultation Call shall be credited towards the Expert’s overall remuneration for the Service Agreement if this is acquired.
- Nonetheless, if the User does not enter into a Service Agreement with the Expert for the provision of the full Service, that shall conclude the Consultation service.
FULL-SERVICE REQUEST, PROPOSAL, AGREEMENT & MILESTONES
The Full-service Request is when Users hire the Expert for the Full-service which takes place through the Visadb Platform. The Request will be sent to the Expert by the User which after consideration and availability of dates, the Expert can decide to accept or reject. After accepting the Request, the Expert will submit a Service Proposal with specific Milestones and pricing, which Users can decide to accept or reject. To simplify the transparency on digital agreements, Visadb Platform offers three types of milestones with due date and items required or requested in the Service Request and/or Proposal:
- Items Requested Milestone: This implicates the request of any documentation, form, information, certificate or alike that the User or the Expert need to provide one another with in order to carry out another Milestone or to finalize a part of the Service.
- Items Delivery Milestone: This implies the delivery of any documentation, form, information, certificate or alike that the User or the Expert needs to provide one another with in order to carry out another Milestone or to finalize a part of the Service.
- Payment Request Milestone: This implies a request of payment by the Expert to the Users for the services provided in the previous Milestones. Users will complete the payments using Visadb Platform or depositing the amount to its bank account to complete this milestone.
- Payment Request before Services provided: This implies that Visadb demands a payment from Users before any services are delivered so as to pay any governmental fees that are part of the Services being provided and mentioned in the Service Listings Page or Service Agreement. The User agrees and acknowledges that the outcome of certain services, such as success of visa or immigration acquisition or other cases may not be certain in that case any Government or Application fees paid to third parties will NOT be refunded. Experts will clarify the non-refundability of the payment in the Service Listings Page or Service Agreement. This is important to provide a transparent and trusting Platform to complete a cross-border Service delivery. It is your responsibility to ask Experts about such cases before you hire and pay for service.
A Full-service Proposal is not effective until accepted by both the User and the Expert. Once effective, Service Proposals create a separate contract on top of Visadb Terms of Service, and any additional terms attached in the Service Proposal and the terms of Milestones, pricing, due date, and description specified in the Proposal. Nonetheless, it is important to understand that none of your additional terms attached in the Proposal can supersede Visadb.io Terms of Service. Each Expert has the responsibility to create detailed milestones for the Service Agreement timeline including possible assurance / guarantees of visa or documentation acquisition, non-refundable govt. fees, clear pricing and other items which offer transparency and great service to the Users without any disputes in cross-border business.
The Full-service hire flow on Visadb Platform will be provided in the following way:
- The User must create a Full-service Request on the Platform accessible by both parties and which will be used as a documentation of the User’s case. I.e., the Full-service Request is sent by the User to the Expert on the Visadb Platform.
- Upon receiving the Full-service hire Request, Expert can accept or reject the Request. Accepting the Request will enable the messaging for Experts to understand the User’s specific needs and cases in order to create a Service Proposal with pricing and in the form of Milestones. Users can agree to the Service Proposal, which along with additional terms creates a separate agreement between the User and Expert and is considered as a Service Agreement. The Platform specifies each of the Milestones and shows which Milestones have been completed and which of them are pending.
- The Milestones above may be specified as a requirement of performance of certain actions or the preparation of documents, deliverance of applicable documents and services as well as concluding payments (See Below).
- If the Full-service is conducted through the Platform i.e. the payments and the calls/meetings are made through the functionalities of the Platform and the information and documents are sent through the functionalities of the Platform, and either the User or the Expert challenges whether a set Milestone has been properly executed, the Platform makes it possible for both the User and the Expert to set up a dispute over certain Milestone(s) or the entirety of the given User’s personalized plan. By “properly executed”, it is understood that either (a) the payment was made, (b) the call/meeting took place, or (c) the specified documents were sent.
- The payments are made through the Platform only, according to the Service Agreement between the User and the Expert. In both cases, the payments are made based on ‘Payment Request Milestones’ (See Above) set by the Expert in the Service Proposal and are still subject to the agreed upon Technology Fee, charged by Visadb (See Technology Fee).
- When acquiring Consultations and/or Full Services from the Experts, the Users must supply all the agreed information specified in the Service Agreement and Milestones and be punctual for the consultation schedule.
- Users must revise and assure that the account information is secure and that no other entity will access and/or use their personal account in Visadb.
- Users must read Milestones and Service Agreements carefully and make sure to understand non-refundable government and service fees if such is the case.
- Users must ask as many questions as necessary to the Expert before hiring and getting into a Service Agreement in order to avoid disputes and conflicts.
- The Users and the Experts must conduct business in accordance and compliance with Visadb’s User Terms, privacy, Visadb’s payment processing partners (Braintree, TransferWise & Stripe), International Anti-money Laundering Laws, International Human Rights Laws, and laws and regulations of the country they operate their business including any licences required to practice law or consultation.
- The User is solely responsible for the User Content. The User declares that he has all the rights necessary to grant the license referred to above and that granting Visadb and Its Expert, the above license does not infringe on the rights of third parties.
- It is not allowed to post advertising, marketing contents or contents containing product placement of third parties. In such a case, Visadb may delete such content or / and suspend the Users Account or take other relevant measures in a manner chosen at Visadbs own discretion.
- User Content cannot violate the law, personal rights or rules of social coexistence. In particular, it is prohibited to use vulgar and offensive expressions, refer to private and family life and call for the use of violence or hatred, including racial, religious or ethnic or against sexual minorities. It is also prohibited to publish defamatory content that violate the rights of third parties, including copyrights, trademarks, patents, trade secrets and containing unlawful materials.
- Visadb is not responsible for the User Content.
- Visadb may refuse to publish User Content and delete published User Content if it infringes on these Terms of Service or any legal provisions. If User Content is found by Visadb as misleading, Visadb may at its own discretion decide to delete or unpublish such User Content.
TYPE OF SERVICES OFFERED BY THE EXPERT IN VISADB’S PLATFORM
The professional services provided by the Expert consist of helping with immigration, visa and citizenship acquisition, tax, company formation and other similar matters, including (but not limited to):
- providing the Platform’s Users with information concerning visa acquisition in a specific country.
- assisting the Platform’s Users in the process of visa acquisition in a specific country.
- providing the Platform’s Users with information concerning citizenship or residence acquisition in a specific country.
- assisting the Platform’s Users in the process of citizenship or residence acquisition in a specific country.
- providing the Platform’s Users with information concerning immigration and travel issues regarding a specific country.
- providing the Platform’s Users with help concerning immigration and travel issues regarding aspecific country.
- providing the Platform’s Users with help concerning company formation.
- providing the Platform’s Users with advice regarding taxes connected to User’s planned actions related to possible Expert’s Services.
- providing the Platform’s Users with information concerning electronic visa acquisition and travel advice.
- assisting the Platform’s Users in the process of electronic visa acquisition in a specific country and travel advice.
- providing the Platform’s Users with additional agreed upon Services.
Visadb does not guarantee uninterrupted access to the Platform at a specific time and place and does not guarantee the correct operation of the Platform in the event of failing to meet the technical requirements indicated on the Visadb.io website.
PAYMENTS, PAYOUTS & REFUNDS
FULL-SERVICE AGREEMENT PAYMENT & REFUNDS
FULL-SERVICE AGREEMENT PAYMENT
If the Service meets the requirements of the Service Agreement, and when the “Request for Payment” Milestone is reached, then the User will pay Visadb through our Platform payment functionality or directly transferring to Visadb.io bank account. (See Sections from this Chapter (4) about exceptions aka Refunds and see Chapter 3.2 for Milestones). Full-service payments are different from Consultation Call Payments as described in 5.1 and 5.2.
- Visadb will render a digital invoice to the User, containing the required information as specified in the Service Agreement. Visadb will collect any sales tax or other taxes if necessary and applicable. Visadb will invoice the Users and the Expert will invoice Visadb as independent contractors every 30-days for all the services and milestones provided in that time period.
- The User must not make any payment to Expert for any supply or expense not specified in the Service Milestones.
- Users and Experts agree and acknowledge that visadb is not liable and responsible for refunds or held accountable to settle any dispute and conflicts for the payments NOT made through the functionalities of the Platform and/or directly to visadb accounts.
FULL-SERVICE AGREEMENT REFUNDS
The Full-service Agreement refunds can be issued in the following situations:
- Users must only pay for the milestone after the service is delivered. In cases the payment is requested before the delivery and no work is performed by the Expert due to any circumstances depending on them, a refund will be issued as long as you submit a claim to visadb within 14 days. This does not include any Government fees or any other fees to third parties as they are non-refundable around the world.
The Full-service Agreement Refunds cannot be issued in the following situations:
- If the User had previously approved the Milestone on the Platform, Visadb will not refund any charges since they had been accepted beforehand for the work performed by the Expert.
- Only in case of a dispute filed within 14 days of payment transfer, Visadb may or may not refund the User for the Full-service Payment Milestones based on the predefined dispute resolution process, please check Dispute Resolution Chapter 6.
- Any applicable Government and application fees will not be refunded to the Users, if it is mentioned in the Service Agreement Milestones. It is important for Experts to add such information in Service Listings and agreements as well as let the client know in order to avoid dissatisfied clients. The User must carefully read to be aware of these kinds of non-refundable payments.
CONSULTATION CALL PAYMENTS & REFUNDS
CONSULTATION CALL PAYMENTS
- We authorize your payment method when you send a Consultation Request and only charge your card when the Expert Accepts the Consultation Request you created, via debit/credit through Visadb Platform payment functionalities. We charge Users for the consultation fee mentioned on the Experts’ Service Listing Page + 5% of payment processing. It is always collected before the scheduled call.
- We charge the Users either in USD or EUR currencies. If the service pricing is listed in any other currency, we will convert it to USD or EUR at the checkout time and show you (the User) the real-time market conversion rates. Exchange rate is not in visadb’s control: market rate offered by the global banks at the day of the transaction will be applied to your checkout.
CONSULTATION CALL REFUNDS
The Consultation Call Refunds will be issued in the following situations:
- If the Consultation Call Request was accepted by the Expert, but the Consultation Call has not taken place due to circumstances dependent on the Expert, the payment of the price for the Consultation Call is refunded to the User, according to specific regulations set in these Terms. The call may be rescheduled if both the User and the Expert agree. Each, the User, and the Expert, may ask the other party to reschedule the Consultation Call 48 hours before the previously booked date and time of the Consultation Call.
- The User cancelled the Consultation before 48 hours of scheduled time given to carry out this action.
- The User tries to reschedule the Consultation Call before the 48 permitted hours window, but it is not possible to reschedule in any future date.
- If the booking request is rejected by the Expert, Visadb will not charge the Consultation Call’s price to the User.
The Consultation Call Only Service refunds cannot be issued in the following situations:
- The User did not show up on the agreed times. It is up to the Expert’s discretion to reschedule a new time and date. If no new date or time can be scheduled by the Expert, then no refunds can be issued.
- The User (you) did not cancel the consultation 48 hours before the scheduled time.
- The User tries to reschedule the Consultation Call within the 48 hours window, but it is not possible to reschedule by Expert due to short notice. In this scenario, refund cannot be issued; however, it is up to the Expert’s discretion to schedule for any future date.
RESOLUTION BETWEEN THE EXPERT AND THE USER WITH PARTICIPATION OF VISADB
The Expert and the User shall try to resolve the dispute amicably on their own and without getting Visadb involved in such dispute resolution; this is because Visadb has no specialist knowledge or experience regarding the Experts’ Services. If the Expert and the User could not resolve the dispute, then Visadb may enter as a last resort ONLY if the service was conducted on visadb platform and make decisions solely based on documents and technical information available on the Platform and Digital Marketplace – The process of Visadb mediation and dispute resolution is explained below.
VISADB PROCESS OF MEDIATION & DISPUTE RESOLUTION
If a Full-service is conducted through the Platform i.e., the payments and the calls/meetings are made through the functionalities of the Platform and the information and documents are sent through the functionalities of the Platform – and if either the User or the Expert challenges whether a set Milestone has been properly executed and using the Platforms functionalities such party requested to set up a dispute over a certain Milestone or entirety of given Users personalized plan:
- The Platform enables the User and the Expert to present their positions and arguments why in their opinion the Milestone was or was not executed and set a deadline to comment on such positions and arguments of the other party.
- Visadb, by considering all information available to Visadb through the Platform regarding the consultation or Full-service may make one of the 6 pre-defined decisions which are mentioned below in 6.3.
- Users and Experts agree and acknowledge that visadb is not liable and responsible for refunds or held accountable to settle any dispute and conflicts for the payments and the calls/meetings which are NOT made through the functionalities of the Platform and the information and documents are NOT sent through the functionalities of the Platform, and service delivery which has taken place outside the visadb.io Platform.
AFTER MEDIATION VISADB CAN TAKE ONE OF THE FOLLOWING DECISIONS
- Establishing that the Expert was not at fault in performing the Experts Services included in the Service agreement and the payment is not subject to any refund to the User, or
- Establishing that the Expert was not at fault in providing the User with information or documents or payment or completing Milestones within the due date mentioned in the Service Agreement and Milestones.
- Establishing that the Expert was at fault in performing the Experts Services and granting a refund to the User in the amount specified by Visadb and at its own discretion, or
- Establishing that the Expert was at fault in performing the Experts Services and call the Expert to perform the Experts Services to the User under a certain additional deadline otherwise granting a refund to the User in the amount specified by Visadb and at its own discretion, or
- At every stage of the dispute resolution the User and the Expert may decide to amicably agree with each other to resolve the dispute on their own and with no Visadb’s decision in this regard.
LACK OF RESPONSE, FRAUD OR MALPRACTICE FROM EXPERT
In case the Expert informs Visadb about lack of response from the User or there is any User suspicion of the Expert fraud or malpractice and such information is related to a request for a refund, Visadb may resolve such dispute without waiting for a reply (position or arguments) from the Expert or the Users. Malpractice will be considered if the Expert or the Users unlawfully use the platform or Expert claims areas of expertise without recognized qualification. It is also considered fraud if the Expert or the Users claims to be someone else other than their profile information including picture and contact details or adds false information in their Service Listings Page or company details. Visadb.io keeps the full rights to ban such a User and remove their fraudulent profile without any liability to Visadb.
USER & EXPERT RECOGNITION AND THEIR RIGHTS
The User & Experts agree to recognize and accept for enforcement every Visadb’s decision made under this regarding the dispute resolution, without any further claims against Visadb arising from such decision and possible refund to the User on behalf of the Expert and refund to Experts on behalf of Users.
Without limiting any other rights or remedies the User may have, the User may terminate all or part of a Service Agreement and its Milestones for any reason, by giving at least 14 business days’ notice by email directly to the visadb at [email protected] and the Expert at their contact email mentioned under case and call page which you can access to through the User Dashboard. The User will only be liable to pay for services performed or milestones completed in the period before the date of termination. The User will not be liable for loss of profit. This does not include any Government fee paid for the full-service.
On receipt of the notice, the Expert must stop work on the affected Services and follow any reasonable directions given by the User.
BUSINESS & TRANSACTIONS OUTSIDE VISADB PLATFORM AND DIGITAL MARKETPLACE
Experts and Users are not allowed to connect via Visadb Platform and follow to conduct the business outside the Visadb Platform to avoid Visadb Technology Service Fee without visadb’s permission or agreement. Visadb can claim penalties for any unfair and attempt of a direct transaction to avoid Visadb Technology Service Fee without notifying visadb. This is just to make sure we all practice and respect good business practices.
- 1LICENSES, WARRANTIES, AND DOCUMENTATION
The Expert must transfer to you (the User) all licences and warranties for any services or products and any documentation needed by you to fully use the services you will be provided by them.
INTELLECTUAL PROPERTY RIGHTS
The Expert must ensure that Users are granted the necessary licence when delivering service work orders.
The Expert must ensure that the use of the order material by the User will not infringe the intellectual property rights of any person.
The Expert must obtain any moral rights consents in writing necessary for the User to use the order material.
If someone claims intellectual property rights over any material, the Expert must, at their cost, either:
- Ensure that the User can continue to use the relevant material without liability or infringement; or
- Replace or modify the material so that it does not infringe the intellectual property rights of any other party, without degrading the performance or quality of the material.
- After the payment of the Milestones in the Services all the intellectual property rights of the material produced by the experts will be owned by the Users, unless mentioned in the Service Milestones explicitly.
If the Expert does not arrange or sort out the situations mentioned in this chapter properly, Visadb can remove their services from the Platform.
SPECIFIED PERSONNEL, SECURITY, AND SAFETY
- When a Service Agreement specifies named personnel, the Expert must only use the named personnel and never replace, reduce, or supplement them without prior approval from you (the User) which can be taken on the Platform on the message time or via email.
- If the Expert is required to obtain security clearances, they are responsible for any costs associated with doing so and any failure to obtain clearances or obtain them within any time frame does not provide an excuse for the Expert to fail in performing any services or provide any products on time.
- The Expert must comply with all security, health, workplace safety and any other requirements set out in the Service Agreement and Milestones or that are applicable to the work, premises, or location at which the services or products are being delivered.
- The Expert must not copy, transmit or remove any data without prior approval from you (the User) which can be taken on the Platform on the message time or via email.
The User undertakes during the period of these User Terms and, after their termination, for an additional period of no less than 24 (in words: sixty) months from the date of termination of the Terms, and in the case of confidential information constituting the Visadb’s business secrets without limitation:
- not to disclose, in particular not to disseminate or transfer confidential information of Visadb to any third parties, without prior consent sent from the Visadb’s email address specified on the Platform and design to communication with Experts to the Expert’s email address provided to Visadb through the Platform (under pain of nullity), with the burden of proof of such a consent being issued resting on the Expert;
- not to use confidential information for any purpose other than the implementation of the Terms or Service Agreement, as well as not to allow or facilitate the use of confidential information by third parties.
Confidential information can only be disclosed if:
- It is disclosed to your personnel solely to comply with obligations, or to exercise rights, under these Terms or any Service Agreement.
- It is disclosed for government, administrative or accountability purposes, including making pricing available to Users on the Digital Marketplace.
- It is authorised or required by the law to be disclosed.
- Confidential information cannot be disclosed in any other circumstances without prior consent from the owner of the confidential information.
You agree, by acquiring Experts’ services in Visadb:
- To comply with any directions, guidelines, determinations or recommendations referred to in the Service Agreement and Milestones or under the Privacy Laws of Visadb.io & Regulations that apply to you in the jurisdiction of your company’s registered address or the Experts’.
- To notify the Expert immediately if you become aware of a breach or possible breach of any of your privacy obligations.
- The Expert and the Users agree to maintain the confidentiality of access data to their account and its proper protection and not to make the account available to unauthorized persons and third parties.
CONFLICT OF INTEREST
You confirm that, to the best of your knowledge and belief after making reasonable inquiries, you do not have any conflict of interest with Visadb Digital Marketplace
If an actual or potential conflict of interest arises, you must notify us and the Expert, if relevant, by email and take all steps required to manage the conflict of interest as directed by us or the Expert.
AUDIT AND ACCESS
On request, to support you (the User) in meeting your governance requirements, the Expert must allow authorised representatives access, and permit copies to be made of, all material relating to the supply of the services or products and assist with any audits.
- Visadb will notify Users of updates to these Terms to reflect the evolution of Visadb Digital Marketplace. We will notify Users of any updates to this User agreement by changing the “last updated” notice set forth at the top of these Terms and by requiring Users to agree to an updated version of the Terms. Any subsequent updates of these Terms do not affect the legally binding nature of previous agreements between Experts and Users regarding earlier versions of these Terms. To continue using visadb.io website and Platform or to create new inquiries or consultation calls or full-services, you have to agree to the Terms. If you choose not to agree to the Terms please do not use the website and contact us for any clarification and feedback. Your User account will be paused or can be deleted on your request. However, existing Services being provided to you will remain in force until completed or terminated, according to the Terms of the Service Agreement (see Chapter 4).
- The agreement applying to a Service is the agreement in place at the time the Service Agreement came into effect, which is when both User and Expert clicked on Accept
- A User or an Expert cannot vary the terms of these Expert Terms; however, the terms applying to a Service Agreement will reflect the value, risk and complexity of the services or products being delivered and may be subject to additional terms agreed between the User and the Expert in that service order. Remember that none of the additional terms attached in the Proposal can supersede Visadb.io Terms of Service (this document).
- Any Service Agreement can only be varied by written agreement between the Expert and the User.
No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Platform or access to the Platform. The headings and subtitles-headings used in these Terms of agreement are used for convenience only and are not to be considered in construing or interpreting these Terms.
ASSIGNMENT AND NOVATION
You may not assign or novate your rights and obligations under these Terms without our prior email consent and in the case of any Service Agreement, the prior email consent of the Expert.
The termination or expiry of these Terms for any reason will not affect or extinguish the Terms which are intended to survive termination or expiry.
The Terms intended to survive termination are as follows:
- Expert obligations
- Intellectual property rights
- Privacy obligations
- Audit and access
- Alternative dispute resolution
A notice must be submitted by email and addressed to the recipient's contact person. You can change your contact person at any time by updating your User profile on the Visadb Digital Marketplace, or for a Service Agreement, by giving email notice to the Expert or through the Message Tab on the Platform.
visadb.io is not a law firm and may not perform services performed by an attorney. visadb.io, its Services, and its content, forms or templates are not a substitute for the advice or services of an attorney.
This Platform is offered and available to Users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age and sufficient capacity under law to form a binding contract with Visadb. If the foregoing representation is not true, you must not use the Platform to hire Experts.
Visadb cannot always verify the credential, license and skills of the Expert due to restrictions or other reasons depending on a territory. The term “verified”, “licensed” as used on the Site, Applications, and in other communications in reference to credentials and skills of third party contractor attorneys and Experts participating in visadb.io's Digital Marketplace Services or other Expert access Services fulfills the following: (a) possesses experience or license to practicing law, (b) maintains errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice. The term "experience" or "experienced" is not intended to be a comparison to any other Expert services or qualifications. Visadb cannot verify or be held liable for any damages which fall in this category which states that the Expert has no pending malpractice or lawsuit in their practising country and/or other territory.
The visadb.io Services provided through the Visadb Platform are subject to United States export controls. Our platform, website, and Services are NOT available (1) to a national or resident of any country to which the United States has embargoed goods or prohibited commercial transactions, or (2) to anyone in the United States’ Treasury Department’s Office of Foreign Asset Control (“OFAC”) lists. By using the Visadb Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of a Restricted Country and are not currently named on any sanctions list maintained by OFAC.
Visadb.io is not a registered investment adviser (as defined in the Investment Advisers Act of 1940, 15 U.S.C. § 80B-1, et seq., and the rules and interpretations promulgated thereunder) and cannot transact business as an investment adviser or give investment advice. You agree not to provide to Visadb.io or any Client any investment advice including, without limitation, advice concerning the value of any security or the advisability of buying, selling or otherwise investing in any security.
LIMITATION OF LIABILITY
You agree and acknowledge that, except as prohibited by law, you will hold visadb.io and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these terms of agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if visadb.io has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of visadb.io, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you. This paragraph does not apply to North Carolina consumers.
Visadb.io makes no warranty that: (a) the site, applications, or the materials will meet your requirements; (b) the site, applications, or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, applications, or any materials offered through the site or applications, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through the Platform or Website, applications, or in reliance on the materials will meet your expectations.
Obtaining any materials through the use of the site, applications or Platform is done at your own discretion and at your own risk. Visadb.io shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
The use of the Visadbs Website depends upon having the appropriate devices and software, allowing access to the Internet, e-mail and web browser, or a mobile application. The User is responsible for meeting the above-mentioned technical requirements, including the purchase of all relevant equipment or software necessary to use the Platform in a specific manner.
The purpose of the Platform is to facilitate the search for visa and immigration information as well as the use of the Services and contact the Experts. Visadb may, at its sole discretion, provide additional assistance to a given User, upon his request, on the basis of separate arrangements or contracts, but in principle the role of Visadb is limited to providing the Platform, Contents, Functionalities and Services, as well as performing other obligations arising directly from the Agreement. The Agreement is a diligent agreement. The User is solely responsible for the manner of using the Platform, together with the Contents and Functionalities available on it.
We make reasonable efforts to correct reported errors and irregularities. We are constantly developing the Platform. For this purpose, we can change and modify the Platform by removing or adding Contents and Functionalities with or without separate notification. We will inform you of any such significant changes by posting notifications on the Visadbs Website or otherwise as appropriate.
Notwithstanding the foregoing, the Contents, Functionalities and Services are provided without any warranty. Visadb does not guarantee that the Platform will always function properly, uninterrupted or free of any errors, or that any errors and irregularities will be promptly removed.
3.1. Content, data and Information accuracy and reliability.
We are monitoring 700 Government official websites, 1000 social media profiles & 10,000 credible newspapers which are shortlisted by computer algorithms and then manually reviewed by expert humans every day for 200+ countries. So the information is highly reliable and correct to the best of our knowledge at the time of publication and is being reviewed and updated on every working day by visadb staff and advanced AI systems.
Given the rapidly changing nature of the visa policy, travel threats, health epidemics and other high-risk information, Visadb.io Inc cannot guarantee its accuracy or delayed updation and can accept no liability for any errors or omissions. Visadb is not liable in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, any of content or links. Visadb.io reserves the right to add or change information at any time.
Links to third party websites of third parties (like embassy, foreign ministry & immigration bureau websites or other Government and non-government websites mentioned in the sources and in the content) are offered as a courtesy. Visadb.io expresses no opinion on the content of the websites of third parties and does not accept any responsibility for third-party information. Users should make your own independent inquiries before relying on any information or materials contained on all the pages hosted by visadb.io, data.visadb.io, docs.visadb.io and other names consist of visadb.io domain name.
Visadb is not responsible for the processing of Users personal data done by the Experts in connection with the provision of Experts Services or other aspects resulting from Experts agreements with the Users.
3.2. Submission of Content
Some parts of our Websites, APIs, Widgets & Apps allow the submission of feedback content via button "suggest edits". For the sole purpose of enabling visadb.io to correct the information, content, security and quality of APIs, widgets and apps. For this reason Users give visadb.io a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the visadb websites, APIs, Widgets & Apps. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our website, APIs, Widgets & Apps, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content hosted on visadb.io or any of its sub-domains:
- Scrape, Store, interfere or reverse-engineer the API data response in your database or interfere and disrupt the networks providing the widgets.
- Publish the API response without an active subscription of visadb API Platform.
- You cannot index the visadb contents to search engines like Google, Bing, Yandex and others.
- You will not create a website or API Client that functions substantially the same as the visadb website, APIs, Widgets & Apps and offer it for use to third parties.
- Perform an action with the intent of introducing to visadb.io products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
- Interfere with or disrupt the visadb website, APIs, Widgets & Apps or the servers or networks providing the APIs, Widgets & Apps.
- You cannot: (i) alter, modify, reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Platform (to the extent not permitted by applicable laws); (ii) permanently or temporarily reproduce elements of the Visadbs Website in whole or in part by any means and in any form (to the extent not permitted by applicable laws); (iii) modify, adapt, translate, or create derivative works from or based upon any part of the Platform. Furthermore, you cannot use the Platform, Contents and Functionalities or the Services for illegal purposes, access the entirety or part of the Platform, Contents and Functionalities for the purpose of creating a service competitive to the Platform or attempt to obtain or assist third parties in obtaining unauthorized access to the Platform, Contents or Functionalities.
TERMINATION AND SUSPENSION
We may terminate the Terms and remove you from the Visadb website, platform and Digital Marketplace, for reasons explained to you in the Terms below under our discretion, and without any liability to us.
Circumstances in which we may remove or suspend you from the Visadb Digital Marketplace include:
- A gross violation by the User of the provisions of the Agreement (including the provisions of these Terms of Service) may be the basis for suspension of the Account or termination of the Agreement with immediate effect (termination of the Agreement). For important reasons, Visadb may suspend performance of the Agreement if the Account is suspended until any circumstances underlying the suspension of the Account are clarified or the Agreement is terminated.
- We noticed that you are missing Service Milestones deadlines and not punctual in your consultation appointments.
In case of your suspension from the Visadb Digital Marketplace, or the termination of these User Terms, current Service Agreements will continue unless terminated by the Expert themselves.
You may terminate these Terms (but not any on-going Service Agreements) by email at any time by 30 business days' prior written notice to us. You agree that you may not terminate on-going Service Agreements and shall complete them before your relationship with Visadb ends or be aware of the Refund Policies in Chapter 5 in this User Terms for all the incomplete work mentioned in the Service Agreement.
We may terminate these User Terms and an Expert may, without limiting any other rights or remedies you may have, terminate a Service Agreement if the Expert are subject to an insolvency event.
These Terms of agreement shall be governed by and construed in accordance with the laws of the State of Delaware in the United States of America without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Sussex County, Delaware, U.S.A., regarding any and all disputes relating to all the Terms stated above.
Last updated: 10th June, 2021