Refund and Cancellation

MAJOR SERVICES

Company is not responsible for the delay caused by third party services such as Courier Services etc. Based on external factors like these, Customers cannot claim a refund of service charges.

In the case of any issue, the follow major services provided by us are 100% Non-Refundable:

1. Evaluations Fees
2. DIY Kits
3. Directories
4. Job Search Services Fees

To Avail refund options for services provided by Swainz, the following terms and conditions must be met:

1. The client must offer, within 30 days from registration, each and every paper, forms, and facts that will make it possible for Swainz to work on his/her documentation and make it submission-ready before the appropriate assessing/immigration authority. The client’s inability to do the same will only suggest that no reimbursement of the advisory/consulting fee offered to Swainz is outstanding.
2. The client should notify Swainz of each and every communication received by him/her from the processing visa office – in writing or via phone – within one week of receiving such a message. The client shall also notify the said immigration consultancy of each and every communication – both via written form and via phone – undertaken by the client, straight with the involved visa bureau within 7 days of such a contact. This comprises of personal visits made to the visa office, and/or inquiry made via phone. The client’s inability to do the same will only suggest that no money back whatsoever is outstanding of any secretarial charges offered to Swainz.
3. The client will participate in each and every interview, as and when needed by the concerned processing visa agency, at the place mentioned by the visa agency, and at his own cost, and swiftly follow each and every given order as given by the visa agency. The client’s inability to do the same will only suggest that no refund whatsoever is outstanding of any secretarial charges offered to Swainz.
4. It is understood that submission of an application for immigration is never generic, routine and/or time bound. The concerned case officer may call for additional documents, as per the changing requirements of the process, and may request for further submission of such additional documents to the concerned immigration authorities. Any request for the refund on these grounds will not be entertained.
5. The client will inform Swainz about every news involving a change of housing/mailing address, educational/specialized credentials, change of matrimonial status/service or company, newly born kids or any police/unlawful case after the submission of the petition and while the processing is going on till the time of the discharge of Permanent Residence Permit. The client’s inability to do the same will only show that no refund at all is outstanding of any advisory charges given to the immigration consultancy.
6. The client will appear for an IELTS/French test and achieve a minimum individual total of the group in every given four appraisal factors–read, write, speak & listen–as appropriate for him/her and as per the requirement of the Visa Issuing Authority/Assessment Body. The client thoroughly realizes and concurs that his petition cannot be submitted–minus the necessary IELTS/French total–and no reimbursement of the advisory/consulting/secretarial services charge offered to Swainz will be outstanding or settled in a situation wherein he fails to attain the required IELTS/French total.
7. The client shall also make certain that he/she is married or in any relationship which is acceptable to be considered as dependent–the spouse or the acceptable dependent/s appears for an IELTS/French test and offers a report with minimum score as is appropriate on the basis of the decided Service Level Agreement with Swainz. The client fully understands and concurs that his petition cannot be presented minus the needed IELTS/French points of the marital partner even while no compensation of the advisory/consulting charges given to Swainz will be claimed or made in a situation, wherein he fails to receive the Service Level Agreement prescribed IELTS/French total of the marital partner. The said test, together with the associated report, is necessary towards the documentation for wedded clients through the client may not ask for points for the qualifications of his partner.
8. If your request for a refund falls under the acceptable terms and conditions of the Company and the service agreement, the time taken to process such a request would be 30 working days.
9. The service amount was written is for the full service as on the date of registering, and only includes an individual’s application. Any assumption of extended services to family or children is at the client’s discretion, and the company will not be held responsible for these kinds of assumptions.

OTHER SERVICES

Buyer has to register the refund/replacement claim within 7 days of the receipt of the services. You can raise a claim via the “Ask for refund/replacement” option in the “My Accounts” page or by sending an email at info@swainz.com. You may also inform us of your intent to return an item via letter by post, fax, or e-mail to info@swainz.com. The Company will not, under any circumstances, issue refunds for early service withdrawal.

Your request will be processed within 4 working days, and you will receive an email letting you know your replacement is under production. If you select a refund, you will be refunded the full cost of the item and the cost of delivery.

In case of availing of other services provided on the Platform, the refund policy according stands as:

1. 100% non-refundable:
   • If the hard copy of the agreements are not signed by you and duly returned to us.
   • If you purchase & change your mind later and decide to withdraw.
   • If you do not wish to continue with our services after engaging the services.
   • If you fail to submit the required documents within 60 days of sign up.
   • If you paid token amount to avail any discount offer
2. 40% refundable: In the event that the immigration law changes anytime after you have signed this agreement, i.e., anytime during the processing of your application & due to this change of law, you have become ineligible to apply for the service you have signed up for, and you have paid the entire amount. Swainz will refund a certain percent of Swainz service fee paid by the client as specified in the agreement. The refund will be made within 30 working days after the client submits Swainz Refund Claim Form to Swainz. The client should enclose with the refund request form a copy of his receipt for payment made to Swainz. Failure to enclose this will also make the client ineligible for the refund.

In the event that you have signed up for Swainz services under the installment payment option or made a part payment and the immigration law changes after you have signed this agreement or anytime during the processing of your application, and due to this change of law, you are now ineligible to apply for the service you have signed up for. In this case, the client will not be entitled to a refund of any fees previously paid as the first installment or any part payment to Swainz.

• 20% refundable: In certain cases of rejection of application by consulate/embassy/assessment authority/immigration. There are certain countries which have a cap system, and hence the approval of Visa/Green Card/Permanent Residence is subject to the cap not reached for that year. The client may have the required points as required by the immigration authorities of the specified country, but he/she still may not get the Visa/Green Card/Permanent Residence if the cap has been reached for that year. Failing to get a Visa/Green Card/Permanent Residence because of the cap limit cannot be a reason for claiming a refund, and client fully understands the same.

PARTIAL SERVICES

In case a Customer avails the services of the Company, the total amount payable shall be 100% non-refundable in the following instances:

1. Failure of the medical examination by the client or his/her family members included in the application.
2. Failure to provide a genuine Police Clearance Certificate (PCC) which is not less than 3 months old.
3. Failure to prove sufficient funds for settlement or maintenance (as per the requirement by respected Govt. Immigration body) by the client or his/her family members included in the application.
4. Submission of fraudulent documents by the applicant.
5. A prior violation of any immigration or visa law by the client or any of his or her family members included in the application.
6. If your profile is not picked up from the pool.
7. If the client fails to attend or get the required Language score card in English/French to meet the eligibility criteria and as per requirement of visa process.
8. If the applicant backs out or want to withdraw because of personal reasons.
9. Late submission of any required additional documents requested by the consulate at a later stage.

REJECTION

In case of rejection of a Customer (Applicant) by the Immigration and Visa Authorities, Swainz Overseas Careers will refund the applicable amount as stated in the Swainz Service agreement.

The refund will be made within 40 working days after the client submits the Refund Claim Form to Swainz Overseas Careers. Client has to enclose a copy of the letter of rejection from the Authority to support the Refund Claim. If client fails to enclose a copy of the rejection letter or rejection stamp on the client’s passport, Swainz Overseas Careers will not refund applicable refund amount.

Client also has to enclose the refund request form, a copy of his/her receipt for payment made to Swainz Overseas Careers. Failure to enclose these documents will make the client ineligible for the refund.

Any Rejection of the Customer (Applicant) will be 100% Non Refundable if the rejection is due to the following grounds:

1. If the applicants fail to attend the visa interview.(If required*)
2. If the applicant does not follow with the requirements of the Embassy or the Consulate.
3. Failure of the medical examination by the client or his or her family members included in the application.
4. Failure to provide a valid Police Clearance Certificate, which is not less than 3 months old.
5. Submission of fraudulent documents.
6. A prior violation of any immigration or visa law by the client or any of his or her family members included in the application.
7. Late submission of any additional documents requested by the consulate at a later stage.
8. The client fails to get the required score in English/French test to meet the eligibility criteria and as advised by the Swainz consultant.
9. The client abandons his/her case within 90 days from the date of registration.
10. Non-communication with your Process Consultant for a period of 90 days shall also be deemed to be abandonment.

If the application/petition is returned/rejected/delayed owing to an error in the application fee or mode of payment, the applicant agrees not to contest on withdrawal of his application on this ground; as the payment and the mode of the payment of application fee is the sole liability of the applicant.

The application or processing fee paid to visa authorities or any other institution is the liability of the client and is not included in the service charges. Swainz will not entertain any claim of refund in case of rejection.

The Company at its sole discretion may cancel any order(s):

1. if it suspects a customer has undertaken a fraudulent transaction, or
2. if it suspects a customer has undertaken a transaction which is not in accordance with the Terms of Use, or
3. For any reason outside the control of the Company including causes for delivery related logistical difficulties.
4. if the Company does not want to do business with the User

CHARGEBACK

Swainz has a zero tolerance policy for charge backs. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available Credit Reporting Agencies.

Refunds will be issued by the same means of payment as used for the initial transaction.

It is agreed by the client that she/he knows that Swainz will deploy its employees and utilize other infrastructures for providing services to the client by spending considerable amounts of money. Irrespective of the result of the application, the client hereby undertakes that he will not claim a refund of the fees and charges paid to Swainz, except to the extent provided in the agreement.

We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

REFUND

Clients should understand and agree that, under the Australian Immigration process, partner skills assessment result is subject to the decision of the concerned authorities, and Swainz has no control on the outcome of the application.

Swainz is not responsible for refund of any fees or other amounts/charges that have been paid to any Assessing Bodies, Immigration Authorities, Embassy/Consulate/High Commission in the event of the applicant not getting approval of visa/immigration, or in case of rejection or non-acceptance of his/her application at any stage by any respective authority. The registration/processing fees only includes the charges towards the services rendered by Swainz and does not include any application or assessing fees. The applicant agrees to pay the entire additional fees, as applicable during the processing.

If the applicant has paid the money through an online card service, the client hereby agrees that he/she will not withdraw, or is not entitled to charge back the amount, without the knowledge of Swainz, in case of payment made by any mode. This includes third party online payment gateway except otherwise following the norms of refund as mentioned in the service agreement and the procedure prescribed by law prevailing at that time under the Jurisdiction of Hyderabad, State of Telangana.

If the applicant has paid the money through Credit Card or Net Banking, the applicant undertakes voluntarily that he will not dispute the payment or notify the designated bank for charge back, insisting that the bank to withhold or cancel the payment made to Swainz by the applicant. The applicant further undertakes to inform his banker that the payment made to Swainz is genuine and the transaction is an exception for his request to cancel or charge back the payment in his favor. This includes misuse and card loss cases either by him or through anyone else. The applicant agrees to cooperate with Swainz in this aspect in case Swainz wishes to defend/represent the matter in their favor before any bank/authority.

The Service Charges by Swainz have no reference to the market charges and are as per the company standards to which the client agreed. Any claims after the registration, like charges being too expensive or long processing time and as such, would not be entertained and the applicant would have no right to contest the same as it was explained and expressed through all the sources of information, and the client has been informed before registering.

The applicant accepts that the immigration process includes showing enough funds, if applicable, which differs from country to country and the process/category the applicant applies. The applicant undertakes to meet such requirement as desired by the concerned immigration/other authorities, and failure to provide such funds by the applicant shall not make Swainz liable for any refund of the service charges or part thereof. In such cases, no refund request for service charges will be applicable.

The client also accepts that all/any registrations for any countries before this client declaration agreement date, if any, with Swainz would be nullified, and no claim of the service or the fee can be claimed until it is given in writing by Swainz.

SHIPPING

We offer paid shipping services and this shipping shall be done by a third party logistics company. We may change the third-party logistics company at our will without any notification. If You prefer the product to be shipped by logistics company of Your choice, it should be agreed and paid for, during the transaction and not after placing the order.

Delivery could take a little longer for remote locations and shall depend on the third-party logistic company’s policies. Orders are dispatched within 7 working days; after necessary time is taken to prepare the order. The Company cannot be held liable, if in a case there is a delay in dispatching the order due to an unforeseen circumstance. Delivery shall be based on the type of product that is being purchased. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order. Products are not shipped on Sundays, public holidays or during non-working hours.

Users are requested to enter the correct billing address and contact information as it appears on Your bank or credit card statement. Transactions may not go through if the information entered does not match exactly what your bank or credit card provider has on file. Some transactions may also be held for further verification by Our customer experience team. Make sure to also enter the correct shipping address (Street number and name, City, State, and Pin code) as We are not liable for packages that are sent to the wrong address when the address information is not entered correctly.

If in a situation, the order has not been delivered to you and has been returned to us due to your unavailability, You would be liable to pay the charges for re-delivering the product to You. The Company/ Website does not track the shipment or follow up with the third-party logistics company, We have partnered with, on the status of the shipment.