TERMS AND CONDITIONS

Who we are

UKES is an approved Endorsing Body and will be referred to as ‘we’ from now on.

We lay out the Terms & Conditions of UK Endorsing Services Limited (“UKES”). You must agree to these to use the website and UKES services.

1. FEES AND PAYMENT TERMS

1.1 We operate on a fixed price agreement as set out by the Home Office in their terms and conditions for endorsement services.
1.2 These services relate solely to the review of your application as set out in the Home Office guidelines. Further fees payable for checkpoint reviews will be invoiced at the time of the work being undertaken as they are deemed to be new engagements.
1.3 Our fees are exclusive of VAT which will be added where it is chargeable:

  • Innovator Founder assessment fee: £1000 (excl. VAT) due once you make your application
    Innovator Founder assessment fee (Settlement & Visa Extension): £1000 (excl. VAT) – due once you make your application
  • Innovator Founder monitoring fee (24 month checkpoint): £500 (excl. VAT) – due 8 months after your business start date
  • Innovator Founder monitoring fee (12 month checkpoint): £500 (excl. VAT) – due 8 months after your business start date
  • Scale up assessment fee: £1500 (excl. VAT) – due once you make your application


1.4 Our invoice will be raised and require payment prior to work commencing, with funds held in our client account until all documents are satisfactorily received from you the applicant. Payment is to be made via direct bank transfer, Stripe, credit / debit card, or any other means as requested by UKES. Failure to pay the relevant fee within stated timescales on the payment request may result in the service being delayed, suspended or terminated.
1.5 Upon successful receipt of all the required documents, we will review your visa application and notify you of our decision. Once all documents are approved as ready for assessment purposes, the fee charged will be deemed as due and no refunds possible.
1.6 We reserve the right to charge interest on late paid invoices at the rate of 8% above bank base rates under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend our services or to cease to act for you, having given written notice, if payment of any fees is unduly delayed. We intend to exercise these rights only if it is fair and reasonable to do so.
1.7 Prior to you submitting the documents for assessment, you may cancel your initial application by notifying UKES in writing if you wish to be removed from the assessment process. If no assessment work has commenced, a refund will be transferred to your original bank account from which payment was received.

2. CLIENTS' MONEY

2.1 We do not hold clients' money.
2.2 We may, from time to time, hold money on your behalf. The money will be held in trust in a client bank account, which is segregated from the firm's funds. The account will be operated, and all funds dealt with, in accordance with CIMA Clients' Money Regulations.
2.3 All client monies will be held in an interest-bearing account. To avoid excessive administration, interest will only be paid to you if the amount earned on the balances held on your behalf in any calendar year exceeds £25.00. If the total sum of money held on your behalf is enough to give rise to a significant amount of interest or is likely to do so, we will put the money in a designated interest-bearing client bank account and pay the interest to you. Subject to any tax legislation, interest will be paid gross.
2.4 We will return monies held on your behalf promptly, as soon as a request to cancel the assessment process has been received in writing from you the applicant. If any funds remain in our client account that are unclaimed, and the client to which they relate has remained untraced for five years, or we as a firm cease to practise, we may pay those monies to a registered charity.

3. PROCEDURAL POLICY

3.1 UK Endorsing Services Ltd is committed to ensuring that all endorsement decisions are fair, transparent and conducted according to our agreed policies and procedures and to this end UK Endorsing Services Ltd has adopted the following procedural policy. No applicant shall be prejudiced or disadvantaged by using this policy. 

The following policy that UKES employ uses a panel of experts to ensure that all decisions are objective and technically informed.
 
As UKES operates a rigorous approach to assessment we do not enter into any discussions relating to technical judgements.  

Our procedural policy allows the applicant to challenge any decisions only if: 
1.      You have evidence that UKES has broken its processes and procedures when assessing the application
2.      You have evidence that the assessor has acted with prejudice with regards to the business or the applicant 

UKES will only respond to Procedural challenges that provide evidence against the above criteria and will not respond to challenges against technical judgements of an assessment. 

If following assessment you believe you have additional information you want considered as part of your assessment, this cannot be done via this policy.  You must add your additional information into a new application and make a new application for endorsement for this to be considered.   

An applicant wishing to lodge an appeal should do so by emailing info@ukesapp.co.uk within 21 working days of the date of the email informing him or her of the decision on his or her application. 

We charge a fee to consider your application.  Making an application is not a guarantee of endorsement, which is assessed against strict criteria. The appropriate fee is charged when the application is received. The fee will not be refunded if you withdraw your application, if you change your mind, or if your application is refused. It is your responsibility to make sure you want to apply before sending us the submission sheet and supporting documents.

4. COMPLAINTS

4.1 We define a complaint as an expression of dissatisfaction with the services provided by UKES. An applicant should use our complaints procedure if:

  • we have not followed agreed policies, procedures or obligations as an Endorsing Body

  • a staff member has been unhelpful or insensitive in their dealings with you

  • we have not responded or have taken an unreasonable amount of time to answer a query or request

  • you are dissatisfied with how we have handled your data

4.2 A complaint is not defined by UKES decision not to provide endorsement. Please refer to our Complaints Policy for details on how to register a complaint.

5. OUR SERVICE STANDARDS

5.1 Our service standard processing times for applications will start when we confirm that we have received your application. Thereafter we will revert back to you at different stages in accordance with the following timescales (working days):

  • By Day 2:        Assessment of the initial submission

  • By Day 5:        Security checks completed

  • By Day 21:      Application assessment completed

  • By Day 21:      Communication of application outcome to the applicant and the Home Office

What we need from you

5.2 To deal with your application within the service standards, we need you to make sure that:

  • your application contains the required supporting documents including: Business Plan, CV, Financial Plan, Short Video Pitch, Passport, Proof of Address

  • your application is completed accurately

  • you are prepared to provide evidence of funds to maintain yourself if required on the application form and guidance

5.3 If your application is straightforward, we will make a decision on it within the standard processing time. There is no need to ask us for progress on it, since we will send you email updates. It is your responsibility to ensure we have the correct email registered.
5.4 The service standard will only apply to complete applications. If your application is incomplete, we will contact you to obtain the missing information. If we do not receive a reply with the required information within 5 working days, your application will be nullified.

6. CONFIDENTIALITY

6.1 UKES management and all consortium partners are required to adhere to the strictest confidentiality standards and pledge to maintain all records and personal information concerning applicants in the strictest confidence.
6.2 UKES is committed to protecting your privacy and we therefore ask that you read our Policy before providing us with any personal information. UKES is committed to protecting your privacy and complying with the provisions of the UK Data Protection Laws including the Data Protection Act 2018 and the General Data Protection Regulation (2016/679). We ask that you read this statement before providing us with any Personal Information.
6.3 Any personal information you provide to us on this website is done so on a voluntary basis. In some circumstances, we may use the information provided by you to enhance our services to you. If you need to provide us with special category data (for example, health information), you consent to the processing of this information for the purposes for which you have provided it.  
6.4 In order to operate successfully, we collect and use personal information about groups of people with whom we have had or may have dealings, including employees, suppliers and customers. In addition, we may occasionally be required by law to collect and use certain types of information to comply with the requirements of Government departments.
6.5 Procedures are implemented to ensure that we process personal data fairly and lawfully, in accordance with the principles and requirements of Data Protection Laws.  
6.6 We may need to search the files of Credit Reference Agencies who will record the search. We may share information about the way in which you conduct your account with other credit providers and Credit Reference Agencies.

7. UKES TRADEMARK RIGHTS

7.1 Applicants shall not use the names, logos, colours, trademarks, service marks, photographs, trade dress, or other identifying features of UKES and its affiliates (the “UKES Marks”) without obtaining the specific prior written approval of UKES as to the specific use.You hereby expressly recognise that the UKES Marks are the valid, unique and exclusive property of UKES and/or affiliates. Applicants may not produce, use or create, or authorise others to produce, use or create, the UKES Marks for any purpose whatsoever, including, but not limited to, in any communications, marketing, advertising or other promotional materials (including, but not limited to, brochures, flyers, invitations, e-mail messages, etc.) that utilise the UKES Marks without UKES’s prior written consent.

Using UKES website

You agree to use UKES website only for lawful purposes. You must also use it in a way that does not infringe the rights of, or restrict or inhibit the use of this site by anyone else. We update UKES all the time. We can change or remove content at any time without notice.

8. DISCLAIMER

8.1 While we make every effort to keep the UKES website up to date, we do not provide any guarantees, conditions or warranties that the information will be:

  • current

  • secure

  • accurate

  • complete

  • free from bugs or viruses

8.2 We do not publish immigration advice on the UKES website. You should get professional or specialist advice before doing anything on the basis of the content.
8.3 We are not liable for any loss or damage that may come from using the UKES website. This includes:

  • any direct, indirect or consequential losses

  • any loss or damage caused by civil wrongs (‘tort’, including negligence), breach of contract or otherwise

  • the use of the UKES website and any websites that are linked to or from it

  • the inability to use the UKES website and any websites that are linked to or from it

8.4 This applies if the loss or damage was foreseeable, arose in the normal course of things or you advised us that it might happen.

9. GOVERNING LAW

9.1 These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
9.2 Any dispute you have which relates to these terms and conditions, or your use of the UKES website (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

10. COMPLAINTS POLICY

10.1 We define a complaint as an expression of dissatisfaction with the services provided by UK Endorsing Services Ltd (“UKES”). A complaint is not defined by UKES decision not to provide endorsement. 
10.2 An applicant should use our complaints procedure if:

  • we have not followed agreed policies, procedures or obligations as an Endorsing Body

  • a staff member has been unhelpful or insensitive in their dealings with you

  • we have not responded or have taken an unreasonable amount of time to answer a query or request

  • you are dissatisfied with how we have handled your data

10.3 UKES is committed to providing a high-quality, transparent and accessible service to everyone we deal with. To do this, we need you to tell us when we get things wrong. We want to help resolve your complaint as quickly as possible. We listen to your complaints, treat them seriously, and learn from them so that we can continuously improve our service.
This policy covers complaints about the standard of service you should expect from us and the behaviour of our staff in delivering that service. We refer to these complaints as ‘service complaints’.
Our aim is to make our policy easy to use and accessible for everyone. We will take steps to make any reasonable adjustments needed to access this policy, or any requests to provide responses in other formats.

10.4 Advocacy agencies may be able to support you through the complaint process and help you to express your views and wishes. If you need support in making a complaint, we are happy to receive your complaint from professionals / solicitor. After your advocate has written to us, we will let them know if we need your consent for us to speak to them. 
10.5 Where issues are simple and we accept we have done something wrong, we may not need a formal investigation. We can say sorry, try to put things right and / or learn from our mistake. Where this is an option, we will do this promptly and within 10 working days. 
10.6 Any member of staff can deal with a complaint informally (including the person being complained about) and offer an on-the-spot apology. If the complaint is simple but the person who received the complaint cannot handle it because they are unfamiliar with the issue, they will pass it on to someone who can as soon as possible.

10.7 Informal Complaint
Where issues are simple and we accept we have done something wrong, we may not need a formal investigation. We can say sorry, try to put things right and / or learn from our mistake. Where this is an option, we will do this promptly and within 10 working days. 
Any member of staff can deal with a complaint informally (including the person being complained about) and offer an on-the-spot apology. If the complaint is simple but the person who received the complaint cannot handle it because they are unfamiliar with the issue, they will pass it on to someone who can as soon as possible. 
If we apologise on the phone or face-to-face, we won’t usually follow up with an email (although individual members of staff may decide to).
If you are still not happy or we don’t feel that the complaint is easily dealt with informally, you can process make a formal complaint.

10.8 Registering a Formal Complaint
In the first instance, you can make a formal complaint by email to the designated manager of the consortium partner organisation you are working with. 
When making your complaint, please include:

  • your name and address (an email address will do)

  • what your complaint is specifically about. Please provide as much detail as possible here

This will help us understand your complaint and respond to you promptly. If a complaint is unclear, we may ask you for more information to help us to understand. If you do not provide the information we need when asked, we may not be able to help you.

10.9 Timescales 
If you want to make a formal complaint, then you should do so within 14 days of the matter you wish to complain about. Waiting longer could make it difficult to look at your complaint and mean that we aren’t able to unless we think there are exceptional circumstances. Examples of exceptional circumstances include:

  • you’ve only just found out about the problem

  • you need an extension as a reasonable adjustment, and

  • ill health, bereavement or other serious personal circumstance.

10.10 Initial Response 
A Director from UKES will provide a full response within 5 working days of receiving your complaint. If we need to contact you for further clarification, or your advocacy agency for consent, the 5 working days will start from the date we get the information we need. If we are not able to meet this deadline, we will tell you and let you know when we are likely to be able to respond to your complaint.
We will decide whether the issue is a service complaint or whether your complaint needs to be handled in another way.

10.11 Escalation 
If you are unhappy with the response from your consortium member manager, you can then escalate your complaint to the programme’s Operational lead by emailing info@ukesapp.co.uk
When escalating a complaint, please provide the full email trail of your complaint and subsequent response from the Director from UKES. The Operational lead will acknowledge your escalated complaint within 2 working days and will conduct an internal investigation within 7 working days to work to a solution the complaint.
If you are still not satisfied with the response, you may then register any further complaints with the Home Office by contacting Nigel Birch at nigel@ukesapp.co.uk.

10.12 Feedback
If your complaint isn’t a service complaint and doesn’t fall within any of our other policies, we will treat it as feedback. 
When you provide feedback, this information helps us to understand more about the equality and human rights issues people are currently experiencing and / or people’s views on our work or policies. This can help shape our future work, even if we are unable to take immediate action on the issue you raise. Ways in which to provide feedback:

10.13 Reasons for refusing a complaint
If your concern is about the actions or service of a different organisation and we have no involvement in the issue, we will refuse your request and signpost you to the other organisation to complain.

11. GDPR POLICY

11.1 UK Endorsing Services Ltd (“UKES”) are committed to protecting your privacy and we therefore ask that you read this Policy before providing us with any personal information.
Our Privacy Notice to make it easier for you to find out how we use and protect your information within UKES. The notice will provide you with details such as:

  • Your rights in relation to the information we hold about you

  • How we keep your personal information secure

  • The types of personal information UKES collects about you, and how we collect and use it

  • The legal grounds for how we use your information

  • UKES are committed to protecting your privacy and complying with the provisions of the UK Data Protection Laws including the Data Protection Act 2018 and the General Data Protection Regulation (2016/679). We ask that you read this statement before providing us with any Personal Information.

11.2 Our Use of Your Personal Information
Any personal information you provide to us on this website is done so on a voluntary basis. In some circumstances, we may use the information provided by you to enhance our services to you. If you need to provide us with special category data (for example, health information), you consent to the processing of this information for the purposes for which you have provided it.  
In order to operate successfully, we collect and use personal information about groups of people with whom we have had or may have dealings, including employees, suppliers and customers. In addition, we may occasionally be required by law to collect and use certain types of information to comply with the requirements of Government departments.  
Procedures are implemented to ensure that we process personal data fairly and lawfully, in accordance with the principles and requirements of Data Protection Laws.  
We may need to search the files of Credit Reference Agencies who will record the search. We may share information about the way in which you conduct your account with other credit providers and Credit Reference Agencies.  
The information collected via this site will be used by UKES for the following purpose(s): Notification of changes to our terms, updates on services delivered in our capacity as an Endorsing Body, industry changes, added value services provided by UKES according to information supplied.  
If you would prefer us not to use your personal information for the purposes set out above, please tick the appropriate box provided when your personal information is given to us. Remember that if you do we will not be able to notify you of special offers and promotions or provide you with other information which may be of interest to you or your organisation.

11.3 When might we disclose your Personal Information to Others?
We, or other organisations we work with, may contact you by mail, telephone, e-mail, fax or other electronic means with offers of goods and services or other information which may be of interest to you. By providing us with details such as an email address or telephone or fax number will enable us to contact you in these ways, you consent to being contacted in that manner for these purposes. Should you wish to opt out please notify us by ticking the box on the application form.
We will not disclose your Personal Information to third parties not referred to above except in circumstances which are permitted by law, such as the following:
(a) Where we are required to do so by courts of law or to comply with other legal obligations including accounting and taxation requirements;
(b) To detect and/or prevent crime
(c) As part of our obligations to the Home Office as part of our delivery of Endorsing Body Services.

11.4 Monitoring
Please note that if you communicate with UKES electronically, including by e-mail, telephone or fax, this communication may be randomly monitored or recorded to protect the interests of our business and our customers. This includes maintaining high quality standards, crime detection and/or prevention and to ensure that our employees comply with legal obligations and our policies and procedures (including customer relations practices).

11.5 Hyperlinks
We may provide hyperlinks from this website to websites of other organisations. Please note that different Terms & Conditions and privacy policies will apply to other websites.

11.6 What are Cookies and why might we use them?
We currently use session based cookies. This allows us to track how users move through the website, what browser they use and other relevant information.

11.7 External information sources
We may on occasion obtain information from external sources such as credit reference agencies, market research agencies and other organisations with which we are associated with or with which we conduct business.

11.8 Your Rights
You have the following rights under the General Data Protection Regulation (2016/679):

  • Right to Access your Personal Data

  • You have the right to make a subject access request.

  • Right to stop us causing you ‘damage or distress’

Unless you have consented to us using your information, or have a contract with us, or we are acting to comply with a legal obligation, you can object to us using your personal information in a way that causes you ‘substantial and unwarranted damage or distress’.  
Damage means that we will use or have used your information in a way that caused you some loss or harm which we shouldn’t have.  
Distress means that we will use or have used your information in a way that caused you some upset or anguish which was more than an annoyance.  
You can write to us and ask us to stop using your information in that way. We will respond within 21 days.

11.9 Right to Rectification
You have the right to question any information we have about you that you think is wrong or incomplete. Please contact us if you want to do this. If you do, we will take reasonable steps to check its accuracy and correct it.

11.10 Right to Object
You can request that your personal data is not processed for specific purposes such as direct marketing.  
We’re keen to promote services and we may send you offers or make you aware of products that help with this. Also, from time to time we may tell you about other offers we think may interest you.  
We may do this, or we may share your information with carefully selected partners who offer services or products that we think you may be interested in. Every time we contact you about such offers we will give you the opportunity not to hear about them anymore.  
If you don’t want to receive such offers at all, please let us know.

11.11 Right to be Informed
You can ask for details of how we process your personal data, as covered by this Privacy Notice.

11.12 Right of Erasure
You can request the deletion or removal of personal data where there is no reason for its continued processing. This right is also known as the “Right to be Forgotten”

11.13 Right to Restrict Processing
You can request that no further processing of the personal data we have previously collected occurs.
Please be aware that there may be circumstances when we are unable to complete your request, most likely because we could not provide you with our services. If this is ever the case, we will inform you of the reason and provide details of how you can register a complaint if you believe we have got this wrong.  
Please help us to keep your information current and accurate by contacting us at the address given at the end of this Data Protection & Privacy Policy if you notice that your personal or company information is inaccurate and/or out-of-date.

11.14 Changes to this policy
We request that you refer to the site on a regular basis to ensure that you are aware of our most recent policies (including this Data Protection & Privacy Policy) and Terms and Conditions of use of the Site.

11.15 Contact us
If you have any further questions about the way we manage your data you can write to us at: info@ukesapp.co.uk