[ IV ] Visa Application Withdrawing Instructions

1)  You accept that if you withdraw or instruct us to withdraw, or withdraw our instructions in respect of, any application after we have submitted the application to the relevant governmental authorities, or assessment authority but before a final determination (which term shall mean and include a determination of any and all appeals that may arise from a refusal of an initial application) is made by such authority our fees will be payable as if that application had been completed and decided by the relevant authority or authorities and that Intern Malaysia will NOT refund any amount paid by you.

1.1)  Withdrawing instructions before an application is made or during processing of an application:

1.1a) If you withdraw instructions in respect of any application, service or instruction after we have begun work or after we have received your appointment instructions (by phone, fax, email. electronically / in person), but before any application has been submitted it to the relevant governmental authorities, or assessment authority or if a skills assessment application has already been lodged or at any stage after appointment of Intern Malaysia to act for you, fees will be payable to us for work carried out prior to the withdrawal of instructions.

1.1b)  It is specifically agreed between you and Intern Malaysia that the exact quantum of these fees and cancellation charges shall be no less 100% (one hundred per cent) of the TOTAL estimated cost (s) as per your mandate, excluding only DIMA and occupations assessment authority payments (if applicable – which will be fully refundable to you) indicated for an application of the nature we advised.

1.2)  Withdrawing instructions AFTER you have appointed Intern Malaysia as a result of changes to the Migration Act and pertaining to Products and Services Norms at any stage of the application but prior to lodging the final application.

1.2a)  MENTOR / Intern Malaysia will first suggest an alternative visa option for you. If we are NOT able to find any realistic alternative visa option for you, we will refund a maximum of 15% (fifteen percent) of the total MENTOR / Intern Malaysia professional fees and outgoings as per the mandate, and the full DIMA fees held in trust if paid by the client.

1.3)  Withdrawing instructions after a skills assessment application is refused (if application was paid in full in advance):

1.3a)  If your skills assessment application is refused, and you elect not to lodge a new skills assessment, then MENTOR / Intern Malaysia will refund the balance of DIMA fees held in trust (if paid by you), as well as the balance of MENTOR / Intern Malaysia professional fees, and other fees paid by you up to a maximum of 30% (thirty percent) of the total MENTOR / Intern Malaysia fees quoted in the mandate.

1.3b)  It is a specific term of agreement that MENTOR / Intern Malaysia will be entitled to charge fees for work done on the failed skills assessment, and that these fees will be no less than 70% of the total fees quoted.

1.4) Standard operating procedures require that access to your client area will be suspended immediately on cancellation of your appointment of MENTOR / Intern Malaysia

2)  You accept that in relation to our performance of our contract with you, if you cancel any agreement at any stage, that you will be responsible for all costs of returning your documents to you, as well as for all bank or related charges in making a refund payment to you.

[ V ] Warranty & Refund policy :

1) No refund policy of any nature exists except if specifically stated in this agreement. MENTOR / Intern Malaysia will accept no responsibility and you specifically agree that MENTOR / Intern Malaysia be not be liable for any refund of any nature, if an application for a visa, an application for an occupations assessment, an application for state sponsorship, a business plan application, or any application of any nature is refused as a result of your failure to provide acceptable supporting evidence, and/or any application or part thereof was refused for any of the following –

1.01) MENTOR / Intern Malaysia was not privy to information (including all possible background, information or relevant data whether deliberately or inadvertently), which lack of information caused the visa to be rejected (examples include medical reasons, police clearances, false, incomplete or misleading information supplied by the client); 

1.02) Client delays in providing requested information; 

1.03) Mailing delays of any nature;

1.04) Failure to make payments due as per the terms of appointment, including payments to MENTOR / Intern Malaysia or DIMA as requested result in certain time limits being missed including loss of points due to lodging at a later date; 

1.05) Supply of false or wrong information, documents by the client or evidence including incomplete evidence in support of the application to MENTOR / Intern Malaysia at any time during the processing, assessment or completion of the application.

1.06) You instructed us to proceed and lodge after we advised that we are not entirely satisfied with the merits of the application

1.07) Failure by you to sign any document, or to provide required supporting evidence within 45 days after appointing MENTOR / Intern Malaysia, or as and when requested and required by MENTOR / Intern Malaysia

1.08) Failure to make any payment of any nature on due dates

1.09)Failure by the client to provide documents, evidence or any information as may be requested by MENTOR / Intern Malaysia, DIMA or any other relevant authority in relation to your application

1.10) Failure to provide medical exam results, x-rays, police clearances, education, financial, employment, sponsorship, or investment information in a timely manner when requested by MENTOR / Intern Malaysia or DIMA. 1.11) Failure to provide medical exam results, x-rays, police clearances, education, financial, employment, sponsorship, or investment information in a timely manner when requested by MENTOR / Intern Malaysia or DIMA. 

1.12) Making contact or communicating in any way with DIMA or any authority making a determination on your application without the expressed written instruction to do so by MENTOR / Intern Malaysia

1.13) Failure by the client to attend any interview scheduled by DIMA if applicable 

1.14) Neglect by the client to properly inform MENTOR / Intern Malaysia of any change of address, contact numbers, email address or fax numbers within 5 days of such change occurring

1.15) Should the application be refused by DIMA or an assessment authority for any of the following reasons:- 

a) Medical matters relating to the applicant or any person included in the application Character matters

b) Provision of wrong, false or fabricated evidence or information by the applicant or any person included in the application

c) Provision of fabricated certificates/qualifications or employment references by the applicant 

d) Provision of misleading or misrepresented information or evidence at any stage of the application to MENTOR/Intern Malaysia, DIMA or any authority determining any part of the application — withholding of information by the applicant or any other illegal act by the applicant. 

e) As a result of changes in foreign exchange rates (when assessing business skills applications)

f) Refusal by DIMA or any skills assessment authority to accept the employment references and/or qualifications and/or evidence of training for any nominated occupation

g) Late receipt of an application, supporting evidence, medical forms or any document requested by DIMA 

1.16) No refund of any nature will apply if: 
You withdraw the application before submission to the relevant governmental authority subject to provisions in clause (7) above; 
a) You fail to provide any information, documentation or other material to us that we in our sole discretion may deem necessary or desirable in order to process your application promptly upon our request for such information, documentation or other material;

b) Any information, documentation or material provided to us from any source in respect of your application should transpire to be false, misleading, insufficient or in any other way unacceptable to the governmental authorities responsible for approving your application;

c) An application is refused following a personal interview of the intended beneficiary of the subject matter of that application by any governmental or consular authority; or 

d) You act contrary to our advice, fail to follow our recommendations and/or make direct contact with a governmental authority or other relevant third party without our express consent, such consent not to be unreasonably withheld.

[ VI ] Consultation bookings :

1)  If you cancel any consultation booking within 21 days as of the date of your consultation, you are liable for the full consultation fee and no refund will apply. MENTOR / Intern Malaysia may at its own discretion elect to grant you another consultation time at no further or additional charge. There are no specific guarantees or warranties, implied, stated or otherwise represented by MENTOR / Intern Malaysia other than those specifically stated in this document. You agree that P did not, and does not represent in any way, nor do we guarantee that the application or migration matter will be successfully concluded.

2) We reserve the right to deduct from any sums due to you, pursuant to any clause in this agreement, all costs of any disbursements incurred by us in respect of your application for which we have not been reimbursed by you pursuant to the terms of this agreement.

[ VII ] Your Obligations:

1) You undertake to promptly provide us with any information, documentation or other material that we may reasonably require in respect of your application. 

2) You warrant that any information or documentation provided shall be true and accurate, and hereby indemnify us for any and all costs (including incidental and consequential costs) incurred by us by reason of your breach hereof, such. Costs including but not being limited to fines, penalties, additional government fees, legal costs, costs of wasted work and transport costs.)

3) You undertake to comply with and obey any and all immigration, employment or other regulations, restrictions or codes of conduct pertaining to your application. 

4) You undertake not to withhold any payment due to us arising out of any application hereunder on any grounds, including the existence of any dispute between us and you regarding an application or any other matter. 

5) It is your responsibility and you specifically agree to check and verify all visa criteria and conditions with DIMA and agree that MENTOR / Intern Malaysia is not liable for any conditions which may be imposed on your visa, nor for your compliance with visa conditions and requirements.

6)  The client confirms that all documents, information and other data handed to MENTOR / Intern Malaysia as used in assessing or completing the application is true, accurate and correct, and that no information, fact, data or any other important or relevant evidence or information has been, or will be withheld from MENTOR / Intern Malaysia.

7) You will keep a full copy of your application and communication with MENTOR / Intern Malaysia at all times. Should a copy be required by the client, and MENTOR / Intern Malaysia is requested to forward same to you, you agree to pay the full costs of sending the copies, including costs of making copies.

[ VIII ] Liability :

1) Other than as is expressly stated herein or implied by statute, we shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application made hereunder or arising from our breach of any express or implied term hereof.

2) In any event our liability shall be limited, subject to the terms and conditions contained in this agreement, to the amount of our Professional Fees chargeable in respect of any application from which such liability may arise.

[ IX ] Others & General : 

1) Unless expressly agreed in writing to the contrary, time shall not be of the essence in the performance of our obligations hereunder, and you understand and accept that any time estimates for the processing of any application that we may give you is not in any respect binding or definite.

2) We shall not be liable for any loss or damage whatsoever that you may suffer as a result of our being unable to fulfill any of our obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts o government, postal or courier delays, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.

3) These terms and conditions are governed by the laws of our Listed Countries Federal and State Territories and the forum for the resolution of any disputes arising howsoever here from shall be by arbitration by an arbitrator appointed by the concerning Law Societies in our Listed Countries, and that all proceedings will be held in Kuala Lumpur, Malaysia.

4) Any variation of these visa payment terms shall have effect within 7 days after being posted on the website of MENTOR / Intern Malaysia located at www.internmalaysia.com and www.mentorservices.com.my unless specifically agreed otherwise in writing between both parties. The client agrees that he is bound and accepts any revisions or additions to the terms and conditions of MENTOR / Intern Malaysia appointment, and that it is his responsibility to verify and familiarize himself at all times with terms and conditions in force in terms of this agreement by visiting our websites  for the latest version of terms and conditions applicable and in force at that time.

5) Any notices to be served hereunder may be served upon us at our registered address as provided to you from time to time and any notices to be served upon you may be served upon you at the last address you notify to us as being your place of business or address for service, service being deemed to have been effected 7 days after posting by inland post, 14 days after posting from outside Malaysia, or 3 days after transmission by facsimile, by client area communication or email.

6) MENTOR / Intern Malaysia reserves the right not to submit any application or do any work until full payment is received for the matter, and MENTOR / Intern Malaysia reserves the right to delay lodging or to withdraw any application without prejudice or recourse by the client if at MENTOR / Intern Malaysia sole and exclusive discretion, the supporting evidence supplied by the client is incomplete or for any other reason deemed reasonable at MENTOR / Intern Malaysia discretion including for late or non payment of fees due by the applicant. The client specifically agrees that no refund of any MENTOR / Intern Malaysia fees paid shall be demanded or payable as a result of any delay or withdrawal in terms of this clause.