Terms of Service

Last Updated: April 20, 2025

Introduction

Welcome to UpperVisa. These Terms of Service ("Terms") govern your use of our website, services, and applications (collectively, the "Services") provided by UpperVisa ("we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. By using our Services, you are entering into a legal contract with UpperVisa.

Services Description

UpperVisa provides immigration and visa consultation services, including but not limited to:

• Immigration and visa application assistance
• Document preparation and review
• Legal advice related to immigration matters
• Representation before immigration authorities
• Case status monitoring and updates
• Educational resources about immigration processes

Our Services are provided by qualified immigration consultants and legal professionals. However, the use of our Services does not create an attorney-client relationship unless explicitly established through a separate engagement agreement.

Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete information when requested

By using our Services, you represent and warrant that you meet all eligibility requirements.

Account Registration

Some of our Services may require you to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials confidential
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we have reason to believe that there has been unauthorized access to your account.

Service Fees and Payment

Our fees for Services are as described on our website or as communicated to you during the consultation process. By engaging our Services, you agree to pay all applicable fees.

Payment terms:

• Fees are due at the time specified in your service agreement or invoice
• We accept payment via credit card, bank transfer, or other methods specified on our website
• All fees are non-refundable unless otherwise specified in writing or required by law
• For ongoing services, you authorize us to charge the payment method on file
• Prices are subject to change with notice

If you fail to make payments when due, we reserve the right to suspend or terminate your Services and pursue collection of outstanding amounts, plus any applicable interest and collection costs.

Refund Policy

Our refund policy is as follows:

• Consultation Fees: Initial consultation fees are non-refundable once the consultation has been provided.
• Service Retainers: If you cancel services before work has begun, we may refund a portion of your retainer, less an administrative fee, at our discretion.
• Ongoing Services: For services already in progress, refunds will be prorated based on the work completed and expenses incurred.
• Government Fees: Fees paid to government agencies are subject to the refund policies of those agencies and are generally non-refundable through us.

Refund requests must be submitted in writing within 30 days of payment. All refund requests are reviewed on a case-by-case basis and are at the discretion of UpperVisa management.

Client Responsibilities

As a client using our Services, you are responsible for:

• Providing accurate, truthful, and complete information
• Responding promptly to requests for additional information or documentation
• Reviewing all documents prepared on your behalf before submission
• Informing us of any changes in your circumstances that may affect your case
• Attending all required appointments and interviews
• Complying with all immigration laws and regulations
• Meeting all deadlines associated with your case

Failure to fulfill these responsibilities may result in delays, additional costs, or unsuccessful outcomes for which UpperVisa cannot be held responsible.

No Guarantee of Outcomes

While we strive to provide high-quality services and achieve favorable outcomes for our clients, we cannot and do not guarantee specific results or outcomes of any immigration application or process. Immigration decisions are made by government authorities at their discretion, and approval is never guaranteed.

Our Services include professional advice and assistance with the application process, but the final decision rests with the relevant immigration authorities. By using our Services, you acknowledge and accept this limitation.

Intellectual Property Rights

All content on our website and materials provided as part of our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of UpperVisa or our content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

You may access, download, and print materials from our website for your personal, non-commercial use only. You must not:

• Modify or copy the materials
• Use the materials for any commercial purpose
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

This permission terminates automatically if you breach any of these Terms. Upon termination, you must destroy any downloaded materials in your possession.

Confidentiality and Privacy

We respect your privacy and are committed to protecting your personal information. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We maintain strict confidentiality regarding all client information and documents. However, by using our Services, you authorize us to disclose your information as necessary to:

• Provide the Services you have requested
• Submit applications and documents to relevant authorities on your behalf
• Comply with legal obligations, court orders, or governmental requests
• Protect our rights, property, or safety, or that of our users or others

Limitation of Liability

To the maximum extent permitted by law, UpperVisa and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Government decisions regarding your immigration or visa applications
• Delays in processing by government agencies
• Changes in immigration laws or policies

In no event shall our total liability to you for all claims exceed the amount you paid to us for the Services giving rise to the liability.

Indemnification

You agree to defend, indemnify, and hold harmless UpperVisa and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content or information caused damage to a third party
• Any misrepresentation made by you
• Your violation of any law or regulation

This defense and indemnification obligation will survive these Terms and your use of the Services.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

You may terminate your engagement with us by providing written notice. Upon termination:

• All rights and licenses granted to you under these Terms will immediately cease
• You must cease all use of the Services
• You remain liable for all fees incurred before termination
• We will provide you with your case file in accordance with applicable legal and ethical obligations
• Provisions of these Terms that by their nature should survive termination shall survive termination

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you consent to the personal jurisdiction of these courts.

Dispute Resolution

Before filing a claim against UpperVisa, you agree to attempt to resolve the dispute informally by contacting us. If we are unable to resolve the dispute informally, both parties agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms through binding arbitration in accordance with the rules of the American Arbitration Association.

The arbitration will be conducted in New York, New York, unless you and UpperVisa agree otherwise. Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the rules of the American Arbitration Association.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. An invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable while preserving the intent of the original provision.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by UpperVisa on the website, shall constitute the entire agreement between you and UpperVisa concerning the Services.

Contact Information

If you have any questions about these Terms, please contact us at:

UpperVisa
1330 Avenue of the Americas, Suite 23A
New York, NY 10019
Email: legal@uppervisa.com
Phone: +1 (929) 280-5047