Your use of this Site is expressly conditioned on your acceptance of these Terms. By using this Site, you signify your assent to these Terms. You cannot use this Site if you do not agree to these Terms.
1. OUR COMMITMENT TO YOU. At govWorks, we aim to provide superb customer service by being polite and helpful, and meeting our time commitments to you (i.e., providing you with your passport or visa within the specified time periods). To aid that effort, we have developed this Site to be intuitive and user-friendly.
If you follow our prompts, AND if you have all of your required documentation, AND if you properly complete the required forms that we provide, you should not experience processing delays. Yet, if you FAIL any of the foregoing, our processing of your request may be delayed.
What’s more, it is critical for you to understand that we cannot control the weather or the performance of overnight courier services such as Federal Express, UPS, DHL, the US Postal Service and others. If they experience extreme weather conditions, labor strikes, airport closures or lose your paperwork, for example, we cannot be held responsible. To avoid such scenarios, we use the industry’s best and most reputable courier services, but even they are not perfect 100% of the time.
Below is an abbreviated list of the reasons why we may be unable to meet our time commitment to you:
- Your failure to obtain all required documentation (i.e., photos, letters of authorization, etc.)
- Your failure to timely and properly compete your required documentation (i.e., wrong answers, inaccurate information, incomplete applications, etc.)
- Your delays in providing us with your paperwork;
- Problems experienced by the couriers that we use (i.e., FedEx, UPS, DHL, USPS, etc.)
- Problems experienced by internal operation personnel at the Department of State or various foreign embassies.
- The suspension of your passport or visa application by the Department of State or various foreign embassies.
- Inclement weather that prevents our couriers from timely shipping your passport or visa.
For purposes of transparency, you must also understand that your passport or visa application is likely to be suspended by the Department of State or various foreign embassies in the following situations:
- You are behind in child support payments.
- You owe the government a repatriation loan.
- You are on some form of probation (i.e., which restricts international travel). In these instances, the government may request additional documents to confirm your identity.
Finally, please be advised that GOVWORKS IS NOT RESPONSIBLE FOR DOCUMENTS ACCIDENTALLY HELD OR LOST BY THE PASSPORT OFFICE, COURIER SERVICES OR OTHER GOVERNMENT OFFICES. IN THE HIGHLY UNLIKELY EVENT THIS OCCURS (I.E., WHICH HAS, ON OCCASION), GOVWORKS WILL ASSIST IN RECOVERING THE MISSING DOCUMENTS OR HELP YOU TO APPLY FOR NEW ONES.
2. SPECIAL RULES FOR USING FEDEX IN SENDING YOUR DOCUMENTS TO US. If you use FedEx to provide us with your documentation, you must play by their rules which can be tricky. For that reason, your must understand the following deadlines:
- FedEx First Overnight (Must be used by you for 1-3 day processing by us. You must deliver your packages to FedEx before 8:30 am on the drop-off date). Please choose No Signature Required to ensure that your package is delivered on time.
- FedEx Priority Overnight (Must be used by you for all other processing (3+ days). You must deliver your package to FedEx before 10:30 am on the drop-off date).
If we do not receive your packages timely, we will not be able to process your paperwork timely. This will impact our ability to keep our delivery commitment to you.
3. WHEN DOES OUR DELIVERY COMMITMENT START. Our processing and delivery commitment to you (i.e., 1-day turnaround, 2-day turnaround, 3-day turnaround, etc.) commences when we have your completed paperwork in hand. If you must resubmit your paperwork because it is incorrect, your application will be delayed by 2 or more days.
Also, our work is done with various US and other Government offices. As you know, US Government offices are closed on weekends (i.e., Saturdays and Sundays) and Federal Holidays. The offices of various foreign embassies are also closed on the weekends and various holidays. Therefore, for example, if you provide us with your completed paperwork on a Friday, we cannot process it with the US Government until the following Monday or Tuesday. If the following Monday or Tuesday is a holiday, we will be unable to process your paperwork until Tuesday or Wednesday of the following week. Once, the US Government issues your new passport or visa, we will retrieve it from them and send it to you by overnight mail, next day delivery.
Based on the above, even the slightest delay that you cause may have a rippling effect on our ability to meet our commitment to you.
4. OWNERSHIP. This Site and our related ones (i.e., govWorks.com, TravelVisa.com, OnlineExpeditors.com, WorkVisa.com, DocumentLegalization.com) are owned by govWorks. Your use of this Site and our other ones is with our permission, and does not transfer to you or create in you an ownership right or interest in this Site or the others including in regards to any of our content, copyrights, trademarks or other intellectual property rights owned or displayed by us on such sites.
5. USE OF SITE. govWorks.com grants you a limited, non-transferable license to use this Site under these Terms. You may use this Site to place orders but no other purposes such as, without limitation, making speculative, false or fraudulent orders. This Site and the content displayed in it including text, graphics, buttons, icons and data compilations may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written consent of govWorks.
Notwithstanding the foregoing, you may download, display and print the content presented on this Site for your personal, non-commercial use. In that regard, you may not use any "robot," "spider" or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual processes, to monitor or copy any of the web pages, data or content found on this Site without the express written permission of govWorks. You will not transmit or otherwise transfer any web pages, data or content found on this Site to another computer, server, website or other medium for mass distribution or use in any commercial enterprise. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You will not take any action that imposes a burden or creates an unsustainable load on the govWorks infrastructure and that govWorks deems (in its sole discretion) unreasonable or disproportionate to the benefits that govWorks.com derives from your use of the Site. Unauthorized use of the Site and/or the materials contained on it may violate applicable copyright, trademark or other intellectual property laws. You must retain all copyright and trademark notices contained in the content and not alter, obscure or obliterate them. Your use of the govWorks content on another web site or environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material on this Site, or any material that could constitute or encourage conduct that would be considered to be a criminal offense, give rise to civil liability or otherwise violate any law. You are also prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights; (b) is protected by copyright, trademark or other proprietary rights, unless with the express written permission of the owner of such right; (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
6. RESPONSIBILITY AND AGE RESTRICTIONS. If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site (18 and older) and to create binding legal obligations for any liability you may incur as a result of your use hereof. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
8. REVIEW OF TRANSMISSIONS. govWorks may from time to time monitor and review any information transmitted or received through this Site, and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that govWorks deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions on this site, you grant govWorks.com, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense-able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. govWorks.com takes no responsibility and assumes no liability for any content posted or submitted by you.
9. EXCLUSION OF WARRANTY. GOVWORKS MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT PROVIDED HEREON, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. GOVWORKS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT FOUND ON THIS SITE AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
10. LIMITATION OF LIABILITY. GOVWORKS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, (i) ANY DELAYS CAUSED BY INCOMPLETE OR INCORRECTLY SUBMITTED APPLICATIONS, OR (ii) DELAYS CAUSED BY OVERNIGHT OR SAME DAY SHIPPING SERVICES, (i.e. FedEx, EXPRESS MAIL, UPS, AIR NET, DELTA DASH), OR (iii) APPLICATIONS SUSPENDED BY THE US PASSPORT OFFICE OR VARIOUS EMBASSIES, or (iv) MATTERS BEYOND GOVWORK’S REASONABLE CONTROL OR THE CONTROL OF OUR CONTRACTORS OR COURIERS. IN NO EVENT SHALL GOVWORKS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY GOVWORKS. If, notwithstanding the foregoing, govWorks.com should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, ITS liability shall in no event exceed, in the aggregate, the greater of (a) the service charge, or (b) US$199.00. In its sole discretion, in addition to any other rights or remedies available to govWorks.com and without any liability whatsoever, govWorks.com at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
11. INDEMNIFICATION. You shall defend and indemnify govWorks and its officers, directors, employees and agents from and against any claim, cause of action or demand including, without limitation, reasonable legal and accounting fees brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
12. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to govWorks, 78 SW 7th St, Suite 500 Miami, FL 33130. Attn: Copyright department, Phone: (305) 809-6012, Email: firstname.lastname@example.org. We suggest that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for filing false claims under the DMCA.
13. LINKS. This Site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by govWorks. Neither govWorks nor its employees shall be responsible for the content of any other websites, and makes no representation or warranty regarding any other websites or the content or materials thereon. If you decide to access other websites, you do so at your own risk.
14. RELATIONSHIP. The relationship between you and govWorks is that of an independent contractor, and neither we nor you nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
15. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Florida, without regard to its conflict of laws and provisions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
16. ATTORNEY'S FEES. If govWorks takes action to enforce these Terms against you, govWorks will be entitled to recover from you and you agree to pay all reasonable and necessary attorneys’ fees and litigation expenses in addition to any other relief at law or in equity to which govWorks may be entitled.
17. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these Terms will cause irreparable damage to govWorks, the exact amount of which would be difficult to ascertain leaving there being no adequate remedy at law. Accordingly, you agree that govWorks shall be entitled to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or your affiliates, partners or agents, and recover from You any costs and expenses sustained or incurred by govWorks in obtaining an injunction including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
18. TERMINATION. govWorks may terminate your right to use the Site at any time and for any reason including, without limitation, your improper use of this Site or your failure to comply with these Terms. Such termination of your use shall not affect any right to relief to which govWorks may be entitled at law or in equity. Upon termination of your use of the Site, all rights granted to you will terminate and revert to govWorks as applicable.
19. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
20. MODIFICATION. govWorks may modify these terms and conditions at any time, and your continued use of this Site will then be conditioned upon the Terms in force at the time of your use.
21. SEVERABILITY. These Terms are severable. If any provision hereof is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any remaining provisions hereof.
22. HEADINGS. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions hereof.
23. ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and govWorks relating to your use of this Site, and these Terms supersede any prior understandings or agreements (whether oral or written) regarding your use of this Site.