Terms of Service (“TS”)
By submitting this registration, you (“Client”) agree that the following terms and conditions shall apply to all services provided by Maystar, LLC (“Maystar”) to you:
· You expressly acknowledge, understand and accept that Maystar provides evalutions/opinions/translations using its own independent judgment or its experts.
· You agree to provide Maystar with all required information and documents to enable Maystar to provide relevant services.
· All documents must be clear and legible copies, and in PDF version (electronic format), and for non-translation services must be in English or must include English translations - additional fees and time shall be required for documents that are not in English.
· All information provided to Maystar by Client shall be true and accurate to the best of Client’s knowledge.
· Client shall promptly respond to Maystar requests for further documents and/or information needed.
· Client understands that the services in any case may be paused while Maystar awaits information or documents for Client.
· Maystar service timeline for any case shall only commence once all necessary documents, information and translations are received by Maystar, and payment is made in full for the requested service. For cases received after 2pm (EST), the service timeline commences on the following day. Maystar service timelines are estimates and may not always be met due to various factors.
· Maystar reserves the right to verify the accuracy and authority of any document submitted to Maystar, which may impact service timelines.
· When evaluating a candidate’s educational credentials, unless specifically requested at the time of case initiation, Maystar shall only evaluate post-secondary education; additional fees apply to evaluation of secondary education in addition to post-secondary education.
· Client agrees that Maystar has the right to subcontract any part or all of the services it provides to Client, including to experts and translators.
· Maystar shall provide Client with the scanned evaluation/opinion/translation/product. Additional fees and time apply if client desires to receive such documents by mail or courier.
· In case Client decides to cancel a service request, the following terms apply: Evaluations: $50 Service fee if the evaluation is not complete, if the evaluation has been completed, then the fees are not refundable. Expert Opinions: $50 service fee per letter if the experts have not begun work on the case; in case work has commenced then the fees are not refundable. Translations: 20% service fees if the translation work has not begun work; in case work has commenced then the fees are not refundable. PERM Ads: Subject to cancellation terms of the media; $100 Service fees plus any costs billed by media for cancellation. For SWA postings $50 Service fee for each SWA posting if the SWA posting is not complete, if the SWA posting has been completed, then the fees are not refundable.
· Prices are subject to change without notice. Maystar’s fees for services shall be listed in quotes provided to Client for each service requested by Client. Client shall consent to services by accepting the quotes by phone, email, fax or other writing.
· Payments are due prior to commencement of service; Maystar is not obligated to begin any service until payment is received in full for such service or if Client is in default of payment for any other service.
· In cases where Maystar may have begun services, Maystar may stop service on any case if payment is not received for that specific case, or if Client is in default of payment for any other case.
· In case of overpayment, refunds may take 2 to 4 weeks.
· Maystar reserves the right to decline to perform any service for the Client.
· Client agrees that: Maystar’s (including any of its owners, employees, subcontractors, shareholder, member) liability for any service requested by Client is limited to the value of the fees paid by Client to Maystar for such service, Maystar (including any of its owners, employees, subcontractors, shareholder, member) shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages. Client shall indemnify and hold harmless Maystar (including any of its owners, employees, subcontractors, shareholder, member) and its other client against any claims or damages, including attorney fees and legal expenses, arising against them due to any action or inaction of Client, related to this TS, and Client agrees to reimburse the Maystar (including any of its owners, employees, subcontractors, shareholder, member) for any and all costs, including attorney fees and legal expenses, which Maystar (including any of its owners, employees, subcontractors, shareholder, member) may incur as a result of any claim that Client (or anyone having an interest in Client’s earnings or services) may make based on any service provided by Maystar.
· Client understands and agrees that the evaluation and expert opinions provided by Maystar, professors and/or other experts are opinions and advisory in nature, and that Maystar cannot guaranty that USCIS or any other organization shall accept the conclusions or analysis in such documents.
· Evaluations and expert opinion services are provided without any warranty that the evaluation/opinions would be useable or result in any desired result. Evaluations and expert opinions are based on opinions of the evaluator or opinion writer. Translations are based on the translator’s interpretations of the document.
· Maystar shall not begin advertisements for Labor Certification (PERM), H2A, H2B cases until full payment has been received and cleared. Advertisement is subject to media deadlines for placing such advertisements plus 3 business days for Maystar processing after payment has cleared and Maystar has received all required information. Within 15 days of the completion of all the advertisements for a particular case, Maystar shall provide Client an Affidavit of Publication along with a copy of the advertisement where advertisement is in written form, if an advertisement is not in written for (such as radio) the Client must request a copy prior to publication and may be subject to an additional fee. For Labor Certification (PERM), H2A, H2B advertisements, any Media/publication sources provided by Maystar are only suggestive in nature, and the Client must determine the suitability of the Media/publication for the purpose Client desires the advertisements. Maystar shall provide Client with an estimate of the cost of the advertisements, and by providing Maystar consent to move forward, Client is authorizing Maystar to expend money/costs/expenses on Client’s behalf, which client agrees to be responsible.
· In case Client is making a service request on behalf of another individual or entity, Client certifies that it has the right to do so, and that such other person or entity shall be bound by the terms of this TS.
· This TS shall supersede all other agreements or communications of the parties, oral or written, relating to the subject matter hereof. In case of any conflict in between any other document or communication and this TS, the terms of this TS shall supersede such document or communication.
· This TS can only be amended by a written document signed by all parties hereto which specifically references this TS and specifically states that such written document is amending this TS, any other communication or writing which does not make such specific reference and statement shall not be considered to be an amendment of this TS, and the terms of this TS shall supersede any such writing or communication.
· This TS shall be binding upon and inure to the benefit of the parties, and their heirs, executors, administrators, trustees, beneficiaries, successors, representatives and assigns.
· This TS shall be governed by laws of the State of Connecticut, without regard to its conflict of law rules. Any dispute regarding this TS shall be resolved exclusively by a lawsuit brought in Connecticut state courts.
· Each provision of this TS is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall, to the greatest extent possible, not affect the legality or validity of the remainder of this TS.
· The language in this TS shall not be construed in favor of or against either party.
· All notices given under this TS must be in writing and sent via U.S. certified mail or courier service requiring signature confirmation of delivery.
· An effective waiver under this TS must be in writing signed by the party waiving its right and specifically references this TS.
· Neither party shall be liable in damages or have the right to terminate this TS for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions (including the denial or cancellation of any export of other necessary license), wars, insurrections, weather conditions and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
You hereby certify that you have read the instructions and terms and conditions provided with this registration and posted on the website and agree to the terms stated therein. All policies and prices are subject to change without notice.