Last Updated: SRPT 2025

[ X ] Invalidity

1. If a provision of this Agreement, or a right or remedy of a party under this Agreement, is invalid or unenforceable in a particular jurisdiction:
   1.1) (a) It is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
   (b) It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
   1.2) This clause is not limited by any other provision of this Agreement in relation to severability, prohibition, or enforceability.

2. You specifically agree and indemnify MCS from any liability for any changes resulting from changes to the governing norms of the concerned governments after the grant of your visa, including any criteria or conditions imposed and in place on the date of your visa grant or at the time of application, which changes or current legislation may have any effect on your residency status or eligibility to apply for any future visas.

3. The client agrees that he shall not have, make, or bring any action, suit, claim, demand, or proceedings against MCS Consultants or its agents, employees, staff, or directors for damages, compensation, losses, costs, expenses, orders, or any other legal or equitable remedy should any material or services be found to be incorrect, inaccurate, erroneous, defective, deceptive, or misleading, whether caused by the negligence of MCS Consultants or any other cause whatsoever.

4. MCS may, without recourse by the client in any way, notify the applicant with 10 days’ written notice that MENTOR is canceling this Agreement.

5. Assessment or Consultations:
   The document assessment and/or consultation suggesting that you may be likely to meet the criteria for a specific visa or visas is not a guarantee or undertaking that you, in fact, meet the criteria for a specified visa. It is subject to verification by ourselves and appropriate assessing authorities, including DIMA, on receipt of your file and supporting evidence.

6. Initial assessment and advice are based on the information provided by you in the assessment questions or during consultation. Should it be determined upon receipt of your supporting or application documents, or after an assessing authority has evaluated your qualifications or position, that you do not meet the specific criteria for the recommended visa — our policy is to inform you thereof, suggest alternative options, or request additional information from you.
   The client may, in these cases, request that this appointment be canceled (subject to our normal terms and conditions) or may follow MENTOR’s advice for an alternative visa, for which the client will then be fully liable for all costs relating to that new option.

7. Payments Made to and from Client Account:
   The client specifically instructs KCS to make all payments from the client account to all statutory authorities, including DIMA and occupation assessment authorities, when they are due and payable.

It is agreed that all initial payments made by the applicant will first be assigned to KCS professional fees until the full quantum thereof has been paid as per the mandate, followed by payments toward third-party costs, and thereafter payments made to the client trust account for DIMA Visa Application Charges (VAC) and/or skills assessment authority assessment fees.
The client agrees that MCS may transfer from the client account to its operations account any and all MCS fees, including those payments listed, when due, at the discretion of MCS.
The client agrees that once any payments have been made from the client account, there can and will be no refund of any nature in relation to those payments made.

Payments for mail/courier and non-statutory authorization are included as applicable.

[ XI ] Disputes

Any dispute related in any way to your Visa Terms and Payments to MCS and/or its related personnel or services you purchase through MCS and/or its related personnel shall be submitted to confidential arbitration in India or Malaysia.

Arbitration under this Agreement shall be conducted in accordance with the procedure adopted by the concerned Arbitration Governing Bodies where located in MCS administrative office jurisdictions only. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction (i.e., India).
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

In the event that you have, in any manner, violated or threatened to violate MCS and/or its related personnel’s intellectual property rights, MCS and/or its related personnel may seek injunctive or other appropriate relief in any federal or state courts in India, and you consent to exclusive jurisdiction and venue in such courts.

[ XII ] Governing Law

The Agreement Terms shall be governed by the laws of India.
The Courts of India shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Visa Terms and Payments Agreement.

[ XIII ] General

No person has been authorized to give any representations on behalf of MCS in regard to the subject matter or the terms of these Terms. Headings in these Terms are for convenience only and do not affect interpretation.

MCS may vary any of these Terms and any other information relating to the Service at any time, and your subsequent use of the website will be governed by the varied Terms.
In the event that any of the provisions of these Terms are or become invalid, illegal, or unenforceable, the remainder shall survive unaffected.

IMPORTANT NOTE TO OUR VALUED CLIENTS

We are not part of any government. We are business entrepreneurs and do not have the authority to grant you a visa of any kind. We act on our clients’ behalf to provide migration advice and facilitate the lodging and processing of visa applications with the relevant government bodies.
The final decision on all visa applications rests with the appropriate government authority in the respective countries to which you are seeking to migrate.