SERVICE S   L USOHUB

Definitions and Interpretation

• In this Agreement, unless the context otherwise requires:

  • “Agreement” means this document including the Schedule and Terms and Conditions.

  • “Client” means the individual or entity listed in the Schedule receiving the Services.

  • “Commencement Date” means the date this Agreement is signed by the last party.

  • “Company” means Portugal Point (Pty) Ltd trading as LusoHub.

  • “Services” means only those services selected and ticked in the Schedule.

 

• Headings are for convenience only and do not affect interpretation. Words importing the singular also include the plural and vice versa.

 

Scope of Services

• The Company agrees to provide the Services as selected in the Schedule.

• Any additional services must be agreed to in writing and may be subject to additional fees.

• The Company will act with due care, skill, and diligence but provides no guarantees on outcomes or timeframes.

 

Client Obligations

• The Client shall provide the Company with accurate, complete, and timely information and documentation necessary for the provision of the Services.

• The Client agrees to cooperate fully with the Company, respond promptly to requests, and attend any required interviews or appointments.

• The Client shall bear responsibility for the truthfulness and accuracy of all information and documents submitted to immigration authorities.

• The Client acknowledges that failure to provide required information or cooperation may delay or prevent the Company from performing the Services.

• The Client shall be responsible for any costs associated with obtaining or translating documents, government fees, medical examinations, or other third-party charges, unless otherwise stated.

  

Company Obligations

• The Company shall provide the Services with reasonable skill, care, and diligence consistent with industry standards.

• The Company shall keep the Client informed of significant developments regarding the Services.

• The Company shall maintain the confidentiality of the Client’s personal and sensitive information, except as required by law or as necessary to provide the Services.

• The Company shall not be liable for delays or failures caused by factors outside its control, including but not limited to third party services, government department processing times, changes in immigration law, or Client non-compliance.

 

Fees and Payment Terms

• The Client shall pay the Company’s fees as set out in the Schedule, which corresponds to the Services selected.

• Fees are due and payable according to the payment schedule specified in the fee schedule or otherwise agreed in writing. Save where clause 5.7 applies, the Company’s fees shall be payable as follows: 70% (seventy percent) of the total fee payable prior to the commencement of the Services, and the remaining 30% (thirty percent) of the total fee payable upon completion of the Services, or as otherwise agreed in writing.

• Unless otherwise stated, all fees are exclusive of VAT and other applicable taxes, which shall be added to invoices.

• The Client shall reimburse the Company for any reasonable out-of-pocket expenses incurred in providing the Services, including but not limited to third party service provider fees, government fees, courier charges, translation costs, and travel expenses.

• Payments not received by the due date shall attract interest at the rate of prime plus 2% per annum, compounded monthly.

• All payments are non-refundable except as required by law.

• Notwithstanding clause 5.2, and in substitution for the standard payment terms set out therein, where the Services include a court process, the Company’s fees in respect of such court process shall be payable as follows:

  • 70% (seventy percent) of the total fee, payable prior to the commencement of the Services;

 

• 15% (fifteen percent) of the total fee, payable once the matter has been submitted to court; and

• 15% (fifteen percent) of the total fee, payable upon final completion of the process.

 

Client Selection of Services

• The Client shall select the Services required by marking the appropriate boxes on the Schedule.

• Only the Services selected by the Client shall be provided under this Agreement.

• The Client may request additional services after signing this Agreement, subject to the Company’s approval and a written amendment to this Agreement, which may include additional fees.

• Failure to select any service on the Schedule shall be deemed a waiver of that service.

 

Confidentiality and Data Protection

• The Company shall treat all Client information as confidential and shall not disclose it to third parties except as necessary to perform the Services or as required by law.

• The Company commits to comply with applicable data protection laws, including the Protection of Personal Information Act (POPIA) and any other relevant legislation.

• The Client consents to the processing and transfer of personal data as necessary for the provision of the Services.

 

Intellectual Property

• All materials, documents, reports, and advice provided by the Company remain the intellectual property of the Company.

• The Client is granted a non-exclusive, non-transferable license to use such materials solely for purposes related to their process.

• The Client shall not reproduce, distribute, or use the Company’s materials for any other purpose without prior written consent.

 

• Limitation of Liability

  • The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the Services.

 

 

• The Company does not guarantee the success of any immigration or emigration application or process.

• The Client agrees to indemnify and hold the Company harmless from any claims, losses, or damages arising from Client’s provision of false, misleading, or incomplete information.

 

Term and Termination

• This Agreement commences on the date of signing and continues until completion of the selected Services or termination.

• Either party may terminate this Agreement on [30] days written notice.

• The Company may terminate immediately if the Client breaches any material term, including non-payment or failure to cooperate.

• Upon termination, the Client shall pay all outstanding fees and reimbursable expenses incurred up to the termination date.

• Upon full payment, the Company shall deliver to the Client all completed work and documents.

 

Force Majeure

• Neither party shall be liable for failure or delay in performing obligations due to causes beyond their reasonable control, including natural disasters, government actions, or pandemics.

• In such events, the affected party shall notify the other promptly and make reasonable efforts to resume performance.

 

Breach and Remedies

• Should any party (the defaulting party) commit a breach of any of the provisions of this agreement, then the other party (the aggrieved party) may give the defaulting party 14 (fourteen) business days’ written notice or such longer period as may reasonably be required in the circumstances, to remedy the breach.

• If the defaulting party fails to comply with such notice, the aggrieved party shall be entitled to cancel this Agreement against the defaulting party or to claim immediate payment and/or specific performance by the defaulting party whether or not the due date

• for payment/performance has arrived, in either event without prejudice to the aggrieved party’s rights to claim damages, subject to the provisions of this agreement.

• The aforesaid is without prejudice to such other rights as the aggrieved party may have in law; provided always that, notwithstanding anything to the contrary contained in this agreement, the aggrieved party shall not be entitled to cancel this agreement for any breach by the defaulting party unless such breach is a material breach going to the root of this agreement and is incapable of being remedied by payment in money, the defaulting party fails to remedy the breach within 14 (fourteen) business days.

 

Domicilia and Notices

• The parties choose domicilia citandi et executandi (“domicilium address”) for all purposes arising from or pursuant to this agreement, as follows –

  • Company:

    • 1st Floor, Portuguese Consulate Building, 15 Ernest Oppenheimer Ave, Bruma, Johannesburg

    • Email: bianca.vaz@lusohub.pt

  • Client: The address and email contained in the Schedule.

• Any party shall be entitled from time to time, by written notice to the other, to vary its domicilium address to any other address within the Republic of South Africa which is not a post office box or poste restante.

• All notices given in terms of this agreement shall be in writing and any notice given by any party to another (“the addressee”) which –

  • is delivered by hand or transmitted by email shall be deemed to have been received by the addressee on the first business day after the date of delivery or transmission, as the case may be; and

  • Notwithstanding anything to the contrary contained or implied in this agreement, a written notice or communication actually received by one of the parties from another, including by way of email transmission, shall be adequate written notice or communication to such party.

 

General

• This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings. 

• Amendments must be in writing and signed by both parties.

• If any provision is held invalid, the remainder shall remain in effect.

• The Client may not assign this Agreement without the Company’s consent.

• Notwithstanding clause 14.2, an instruction or confirmation by the Client to proceed with the Services, or with any additional or further work, given verbally, telephonically, or by electronic communication (including email, SMS, or instant message), shall constitute valid and binding authority for the Company to perform such work and to invoice the Client accordingly. Clause 14.2 shall apply only to amendments of the express terms of this Agreement, including the Services selected, the Fees, and the Payment Terms, and shall not apply to instructions given by the Client in the ordinary course of the Company’s performance of the Services.

• The Company may, at its discretion, record or confirm any instruction contemplated in clause 14.5 in writing, including by email or by reflecting same in an invoice, but the validity of such instruction shall not depend on such confirmation.