1. 1. J1 Ireland Travel Direct Limited, a private limited company with company registration number 554896 and having its registered office at Main Street, Knockcroghery, Co. Roscommon (“J1 Ireland” or the “Company”) assists eligible Participants with applications to participate in the J-1 summer work travel programme, a non-immigrant visa programme that is operated under the United States Department of State’s Exchange Visitor Program (the “Programme”). The Programme provides students the opportunity to work and travel throughout the U.S. and to interact with U.S. citizens and experience U.S. culture.
2. All bookings by Participants and related activities with J1 Ireland, shall be subject to these terms and conditions.
|“Business Day”||means a day (other than a Saturday or Sunday or public holiday in the U.S.) on which clearing banks are open for business in the U.S;|
|“DS 2019”||means the form DS02019 or “Certificate of Eligibility for Exchange Visitor (J-1) Status”, being the basic document used in the administration of the Programme and permits a Participant to seek an interview at the U.S. Embassy in order to obtain a J-1 Visa to enter the U.S.;|
|“Exchange Visitor Program”||means the United States Department of State Programme administering exchange visitor J-1 Visas;|
|“Fees”||means the payments described in Clause 4;|
|“Home Country”||means Ireland;|
|“Intrax Participant”||“Intrax Particpant” means a Participant who elects and notifies J1 Ireland of their wish to engage Intrax as US Sponsor;;|
|“Host Company”||means a business located within the U.S. who offers the Participant a J-1 Summer Job and the U.S. Sponsor approves same;|
|“J-1 Summer Job”||means the employment of the Participant as described in Clause 6, subject always to the approval of the U.S. Sponsor and excluding any job which meets the description under Clause 7;|
|“J-1 Summer Job Offer”||means an offer of employment to a Participant which does not include an offer of employment as described in Clause 7 of these Terms and Conditions, subject always to the approval of the U.S Sponsor;|
|“J-1 Visa”||means the J-1 Summer Work and Travel Visa which is a non-immigrant and short-term visa issued by the U.S. Department of State, to research scholars, professors and exchange visitors participating in programmes that promote cultural exchange;|
|“Participant”||means students who are engaged in full-time study at a Third Level Institution in Ireland and who apply for J-1 status with J1 Ireland;|
|“Restricted Jobs”||has the meaning given in Clause 7;|
|“Terms and Conditions”||means these booking terms and conditions of J1 Ireland as may be amended from time to time;|
|“Third Level Institution”||means an institution where the student can attain a level 8 qualification as recognised under the laws of Ireland and located in Ireland;|
|“Total Fee”||means the total payment to the J1 Ireland of €699;|
|“Travel Restrictions”||means travel restrictions implemented by reason of the Covid-19 pandemic and any other epidemic or pandemic, including but not limited to, border closure, restrictions specific to the J-1 Visa, the closure of visa application centres or online applications and any other related travel restrictions affecting the approval of J-1 Visas;|
|“U.S.”||means the United States of America;|
|“U.S. Embassy”||means the U.S. Embassy of Ireland; and|
|“US Sponsor”||means the sponsors working with the Company to provide the J-1 Visa paperwork to the Participants.|
4.1 The Participant agrees and acknowledges that their place on the Programme is subject to the prompt and timely payment of the Fees in accordance with this Clause 4.
4.2 The first payment to the Company of €100 is non-refundable subject to Clause 10.3 (the “Deposit”).
4.3 The second payment to the Company of €100 is non-refundable and must be made by 19 March (the “Second Payment”) subject to Clause 4.5. If Travel Restrictions are in place as at 19 March the Company will notify the Participant of the next practicable deadline for payment of the Second Payment subject always to Clause 11.6 of these Terms and Conditions. The Second Payment is non-refundable regardless of any cancellation or delay to the Programme by reason of Travel Restrictions or any other Force Majeure. The Second Payment must be made on time and in accordance with the directions of the Company in order for a Participant to hold and retain their placement on the Programme.
4.4 The Deposit and Second Payment cover the costs and expenses associated with the processing and administrative work carried out in reviewing and accepting applications for the Programme. The payments are also necessary to reserve a place in the US Sponsors’ J-1 Summer Work Travel allocation, pending approval. It is not linked to any outcome in relation to whether any Participant will or will not receive a J-1 Visa, or travel to the U.S. Subject to Clause 10.3, if a Participant chooses to withdraw his or her application, or if his or her application does not proceed for any reason 3these payments will not be refunded to the Participant under any circumstances.
4.5 The Second Payment covers the costs and expenses associated with processing the DS 2019 paperwork. If Travel Restrictions continue and the Participant wishes for the application to be processed in respect of the DS 2019, the Second Payment must be made to the Company prior to same and the Participant must instruct the Company in writing to do so.
4.6 The final payment to the Company of €499 falls due when the Participant’s application and J-1 Summer Job Offer has been approved by the U.S. Sponsor and Travel Restrictions are not in force (the “Final Payment”) subject to Clauses 4.7 and 11.6 of these Terms and Conditions. The DS 2019 paperwork will then be issued and will be sent to the Participant once the Final Payment is received by the Company.
4.7 If Travel Restrictions continue and the Participant wishes for the DS 2019 to be issued, the Final Payment must be made to the Company prior to same and the Participant must instruct the Company in writing to do so.
4.8 Any dates referenced in these Terms and Conditions are subject to change at the Company’s discretion and are estimates only of the time required to process applications in full. These dates are subject always to Travel Restrictions and any other event of Force Majeure which may delay the Participant’s travel plans and application or cause these dates to change. The Company will notify the Participants of the final cut-off date for the 2021 Programme in order to allow applications to be processed in accordance with these Terms and Conditions. Any Fees paid are subject to these Terms and Conditions.
4.9 Any promotional offer is not considered to be accepted by the Company until such a time as the Deposit has been paid by the Participant and confirmation of same has been issued by the Company.
4.10 The Total Fee is inclusive of the third party health insurance cover, which will only be effective from the date of the Participant’s arrival in the U.S., in accordance with the dates prescribed by the DS 2019. The insurance included in your Programme Fees is legally required by the US State Department as part of your Programme. Please review the plan certificate carefully to make sure this meets all your requirements. Participants may purchase their own additional levels of travel/medical insurance should they require it. For further information on the insurance cover and the terms and conditions provided please see https://www.envisageglobalinsurance.com/student-zone/j1-ireland/. Any claim or potential claim is a matter between the Participant and the third party insurer only.
4.11 Subject to Clauses 8.8 and 8.9 and compliance with the obligations and conditions therein, Intrax Participants will receive the following discount to the Fees: €50 discount off final payment.
4.12 Participants are responsible for any additional third party fees.
5. VISA DENIAL
If a Participant’s application for a J-1 Visa is rejected for any reason other than for the reasons set out in Clause 11.2, the Participant will be entitled to a refund of 50% of the Total Fee to be transferred to the Participant by the Company within fourteen (14) days of the rejection notice issued to the Participant by the Company.
6.1 The Participant is responsible for securing a J-1 Summer Job as a condition of the Programme (including Assisted Jobs as defined below).
6.2 As the Programme has a limited allocation of places, failure to submit a J-1 Summer Job Offer to the U.S. Sponsor and to receive confirmation of approval to the Participant by the Company by 1 April (the “Submission Deadline”), may jeopardise a Participant’s place on a Programme. The Submission Deadline is subject to the discretion of J-1 Ireland and may be updated and changed at any time. If any J-1 Summer Job Offers are submitted or accepted after the Submission Deadline, J-1 Ireland is not responsible for any delays on the part of the Participant or the US Sponsor. The Submission Deadline remains subject to Travel Restrictions and any other event of Force Majeure.
6.3 Any delay by the Participant to submit a J-1 Summer Job Offer will render any Fees made to J1 Ireland non-refundable and the agreement between J1 Ireland and the Participant shall be terminated.
6.4 The Participant agrees and acknowledges that should the Participant wish to submit a J-1 Summer Job Offer after the Submission Deadline has passed, the processing of applications may be delayed which in turn may delay any intended travel dates that the Participant might have. J1 Ireland accepts no liability for any delays to expected or anticipated travel plans by reason of the submission of a J-1 Summer Job Offer
following the Submission Deadline and/or any resultant delay incurred as a consequence of Travel Restrictions.
6.5 Obligations of the Participant relating to the J-1 Summer Job
(a) The Participant agrees and acknowledges that the following conditions are the responsibility of the Participant and the Participant is obliged to comply with these conditions in order to obtain and maintain a J-1 Summer Job in addition to the obligations set out in these Terms and Conditions:
(i) all jobs and prospective Host Companies, including initial, replacement and additional jobs, must be vetted and approved by the US Sponsor prior to work commencing and are subject always to the conditions set out in these Terms and Conditions;
(ii) the US Sponsor will contact his/ her prospective Host Company to verify employment details. The US Sponsor reserves the right to deny any applications for J-1 Summer Jobs according to the current and/or anticipated rules and regulations in place in the U.S.;
(iii) the Participant will not accept a position if they cannot commit to the specified time period requirements of the Host Company;
(iv) the Participant will carefully read the details of the contract of employment, research availability of suitable housing in the location of work that is in accordance with Clause 8 of these Terms and Conditions and ensure that they are satisfied with all conditions outlined in the employment contract;
(v) any change in the J-1 Summer Job must be notified to the US Sponsor prior to making same;
(vi) any changes in the J-1 Summer Job are subject always to these Terms and Conditions and the approval of the US Sponsor;
(vii) subject always to the Participant’s contract of employment, the Participant is required to give the current Host Company a minimum of two weeks’ notice prior to any change to the J-1 Summer Job;
(viii) any failure to not report to the premises of the J-1 Summer Job in accordance with the dates printed on the DS 2019 form, the J-1 Summer Job Offer may be revoked by the Host Company;
(ix) the Participant must maintain continuous communication with the Host Company prior to their arrival in the U.S.;
(x) Host Companies cannot guarantee hours in particular in cases of Force Majeure events as outlined in Clause 11.2 or by reason of adverse conditions that may affect tourist activity;
(xi) Employment is ‘at will’ and can be terminated by the employer at any time;
(xii) the fulfilment of the Participant’s obligations under the contract of employment are the sole responsibility of the Participant alone;
(xiii) in the case of a change of J-1 Summer Job, premature termination of the J-1 Summer Job, or if the J-1 Summer Job is terminated before the end of the Programme for any reason, or if the Participant decides to return home early, no Fees will be refunded; and
(xiv) if the J-1 Summer Job ends prior to the DS 2019 Expiry (as defined in Clause 9.3(b)), it is the Participant’s responsibility to inform the US Sponsor and get approval for any new J-1 Summer Job in accordance with these Terms and Condition.
(b) The Participant agrees and acknowledges that the US Sponsor and J1 Ireland are not responsible for the Participant’s failure to adhere to the conditions set out in this Clause 6, Clauses 7, 8 and 9, the contract of employment (including Assisted Jobs as defined below) or the Participant’s failure to comply with federal, state, and local laws and regulations of the U.S. while participating in the Programme.
(c) The Participant agrees and acknowledges that the US Sponsor and J1 Ireland are not responsible for any possible disputes which may arise during the course of the Participant’s J1 Summer Job, any costs or expenses incurred by the Participant due to any delay with the commencement of a J1 Summer Job and the Participant comply with Clause 9.2(l) of these Terms and Conditions for these purposes.
(d) The Participant agrees and acknowledges that the US Sponsor retains the right at all time to cancel a J-1 Summer Job Offer if the US Sponsor has a reasonable belief that the U.S. employer has not acted in good faith in any way prior, during or after the U.S. Department of State sanctioned vetting process. Any costs due to cancellation or delay with sourcing an alternative job is the responsibility of the Participant.
6.6 Unassisted Jobs
(a) The Programme allows for J-1 Summer Jobs which the Participant sources themselves (“Unassisted Jobs”).
(b) All Unassisted Job are subject always to these Terms and Conditions and the vetting process prescribed by the US Sponsor. The DS 2019 cannot be issued prior to these processes being complete.
(c) The Participant agrees and acknowledges that any Unassisted Job must:
(i) not displace U.S. employees;
(ii) provide a safe and secure work place which is in close proximity to safe and affordable housing;
(iii) must be seasonal or temporary and must provide opportunities for Participants to interact regularly with U.S. citizens and experience U.S. culture; and
(iv) offer the Participant 32 (thirty-two) to 40 (forty) hours of work per week.
6.7 Assisted Jobs
(a) Alternatively to Unassisted Jobs the Programme also includes the option for J-1 Summer Jobs whereby J1 Ireland and/or the US Sponsor assists the Participant in finding a position, which has already been vetted and approved by the US Sponsor (“Assisted Jobs”).
(b) The Assisted Jobs service costs an additional €100 and this payment is non-refundable.
(c) The Participant agrees and acknowledges that the Assisted Job service does not guarantee the Participant a J-1 Summer Job Offer, interview nor does it constitute a binding contract of employment. The Assisted Job service entails J1 Ireland and/or the US Sponsor connecting the Participant with suitable employer contacts in the U.S.
The following positions of employment are excluded from the Programme and will not be accepted as a valid J-1 Summer Job:
7.1 positions that the Company considers could bring notoriety or disrepute to the Exchange Visitor Program;
7.2 sales positions that require Participants to purchase inventory that they must sell in order to support themselves;
7.3 domestic help positions in private homes (e.g., child care, elder care, gardener, chauffeur);
7.4 pedicab or rolling chair drivers or operators;
7.5 operators or drivers of vehicles or vessels for which drivers’ licenses are required regardless of whether they carry passengers or not;
7.6 positions related to clinical care that involves patient contact;
7.7 positions in the adult entertainment industry (including, but not limited to jobs with escort services, adult book/video stores, and strip clubs);
7.8 positions requiring work hours that fall predominantly between 10:00 pm and 6:00 am;
7.9 positions declared hazardous to youth;
7.10 positions that require sustained physical contact with other people and/or adherence to the Centres for Disease Control and Prevention’s Universal Blood and Body Fluid Precautions guidelines (e.g., body piercing, tattooing, massage, manicure);
7.11 positions that are substantially commission-based and thus do not guarantee that participants will be paid minimum wage in accordance with federal and state standards;
7.12 positions involved in gaming and gambling that include direct participation in wagering and/or betting;
7.13 positions in chemical pest control, warehousing, catalogue/online order distribution centres;
7.14 positions with traveling fairs or itinerant concessionaires;
7.15 jobs that do not allow Participants to work alongside U.S. citizens and interact regularly with U.S. citizens and to experience U.S. culture during the workday portion of their Summer Work Travel programs;
7.16 employment with employers that fill non-seasonal or non-temporary job openings with exchange visitors with staggered vacation schedules;
7.17 positions that require licensing;
7.18 positions for which there is another specific J visa category (e.g., Camp Counsellor, Trainee, Intern); and
7.19 positions with staffing agencies, unless the placements meet the following three criteria:
(a) participants must be employees of and paid by the staffing agencies;
(b) staffing agencies must provide full-time, primary, on-site supervision of the participants; and
(c) staffing agencies must effectively control the work sites, e.g., have hands-on management responsibility for the participants;
7.20 requests to work in the below lines of employment require additional investigation by the US Sponsor:
(a) lines of business that are frequently associated with trafficking persons (e.g., modelling agencies, housekeeping, janitorial services); and
(b) subject to Clause 8 and the conditions therein, employment that has a housing component that does not offer suitable, affordable housing (e.g., that meets local codes and ordinances) and reliable, affordable, and convenient transportation to and from work when making job placements.
8.1 The Participant agrees and acknowledges that it is strongly advised to search for housing as soon as possible as it is a requirement to supply the Participant’s address to their US Sponsor for their SEVIS. J1 Ireland or the US Sponsor will not be held liable in the case that a Participant is unable to find suitable housing that meets the standards as set out in these Terms and Conditions and any other standards which the US Sponsor may consider.
8.2 The Participant agrees and acknowledges that prior to agreeing the terms the Participant should have a rental agreement with the landlord which includes information regarding rent, security deposits, the process for returning the security deposit, utilities and all other details that would be expected in a standard rental agreement agreed in the ordinary course.
8.3 The Participant agrees and acknowledges that any and all property damage is the sole responsibility of the Participant and that Participant must notify the landlord of same directly and in a timely manner. J1 Ireland and the US Sponsor are not liable for any costs associated with any and all property damage incurred by the Participant.
8.4 The Participant agrees and acknowledges that in signing a lease the Participant makes a financial commitment to the landlord, and that in the event that a Participant leaves the accommodation early the Participant will be liable for any unpaid rent. J1 Ireland and the US Sponsor will not be liable for any costs associated with any aspect of the Participant’s failure to fulfil their obligations under the rental agreement.
8.5 With regards to J-1 Summer Job involves a housing component as referred to in Clause 7.20(b), the U.S. Department of State recommends that applicants only work with Host Companies who identify safe, suitable and affordable housing. Safe housing means, at a minimum, the accommodation must meet all applicable local laws and regulations, including with respect to ventilation, utilities and occupancy rates. Transportation must be reliable, affordable and convenient between applicants’ residences and worksites.
8.6 The following areas require the Participant to have either permanent or temporary accommodation arranged in order to have the DS 2019 approved by the US Sponsor:
(a) Cape Cod;
(b) Long Island;
(c) Myrtle Beach;
(d) New Jersey;
(e) Rhode Island;
(f) Virginia Beach.
8.7 A comprehensive list of the areas that are subject to these restrictions can be found on the U.S. Department of State’s website.
8.8 Intrax Participants agree and acknowledge that DS-2019 will not be issued by Intrax unless verifiable non-temporary housing details are provided to Intrax at least four (4) weeks prior to the Intrax Participant’s work start date.
8.9 Intrax Participants agree and acknowledge that the discount to the Fees outlined in Clause 4.11 are subject always to Clause 8.8 and the completion of the housing notification on the MyIntrax portal at least four (4) weeks prior to the Intrax Participant’s work start date. The Intrax team will carry out checks of the landlord including information such as a name and address history. The landlord will engage with the Intrax team to verify all information provided. The Intrax Participant agrees and acknowledges that the issuance of the DS-2019 paperwork is subject to the Intrax team’s approval process and compliance with all conditions therein.
The Participant warrants and agrees that their eligibility and involvement in the Programme is contingent on the Participant abiding by the following:
(a) A person will be deemed to be eligible for the Programme should they meet the requirements set out in these Terms and Conditions and meet the description of a Participant;
(b) A person can only be deemed to be a Participant and use a J-1 Visa three times;
(c) A Participant is not eligible to apply for another J-1 Visa if previously the Participant has been terminated from this Programme or any other programme the purpose of which is connected to the J-1 Visa.
(d) The Participant agrees and acknowledges that the U.S. Sponsor considers criteria including but not limited to the following:
(i) the Participant application packet materials;
(iii) education background;
(iv) work experience;
(v) English language fluency;
(vi) physical and mental health;
(viii) essay; and
(ix) personal interviews in determining whether to admit the Participant into the Programme.
The U.S. Sponsor reserves the right to refuse approval to a Participant that the U.S. Sponsor, in its sole and absolute discretion, deems unacceptable.
9.2 Obligations of the Participant
(a) The Participant is able to speak, read, and understand conversational English at a level that is sufficient to function on a day-to-day basis in the employment environment;
(b) The Participant is in good health (both physical and mental) and can see no reason why the Participant’s health would be a barrier to success on the Programme;
(c) The Participant has received information regarding health insurance coverage and is aware of the coverage and limitations thereof;
(d) The Participant will obey all U.S. federal, state, and local laws and will abide by all of the regulations of the J-1 Visa as they may be amended from time to time;
(e) The Participant will attend in-person/online orientation sessions in the Participant’s Home Country and in the U.S.;
(f) Any illegal use of drugs or alcohol, or abuse of harmful controlled substances or illegal possession of drugs, alcohol, or controlled substances will result in the Participant’s immediate repatriation;
(g) The Participant agrees and acknowledges that the Programme provides an overall understanding of American business practices and gives Participants the opportunity to travel throughout the U.S.;
(h) The Participant will comply with employers’ rules and respect the dress code of the Host Company;
(i) The Participant will carry out the duties and responsibilities of the position, which the U.S. Sponsor has approved. It is the Participant’s responsibility to advise the U.S. Sponsor of any significant problems regarding health, safety, welfare, adjustment to the training, culture, language, etc;
(j) The Participant read the list of non-approvable employment provided by the U.S. Sponsor and as set out in Clause 7 and agrees and acknowledges that working in one of these industries or positions compromises the Participant’s J-1 Visa and that visa will be terminated by the U.S. Sponsor;
(k) The Participant agrees and acknowledges that any employment must be approved by the U.S. Sponsor before commencing same. As part of the approval process the Participant will assist in gaining proof of business license or similar document regarding the employer; and
9.3 Issue Notification and Resolution
(a) It is the responsibility of a Participant to notify the US Sponsor of any significant problems during the Programme. The US Sponsor will attempt to resolve such problems. If the Participant violates any of these Terms and Conditions, the US Sponsor may, in its sole and absolute discretion, terminate the Participant’s involvement in the Programme, cancelling their J-1 Visa. The Participant will have to depart the U.S. at his/her own expense;
(c) The Participant agrees and acknowledges that within thirty (30) days of DS 2019 Expiry, the Participant must return to their home country (“ Expiry Period”) unless the Participant is terminated from the Programme for breach of these Terms and Conditions or for any violation of the sponsor rules governing Programme and U.S. Sponsor in their sole discretion requests that the Participant depart the U.S. immediately (“ Immediate Termination”);
(d) During the Expiry Period the Participant may not work or receive training of any kind;
(e) The Participant agrees and acknowledges that the length of the J-1 Visa cannot extend beyond the commencement of classes at the Participant’s Third Level Institution and if the commencement of classes;
(f) The Participant will be wholly liable for a property damages and must settle all damages prior to departing the U.S;
(g) The Participant will not accept any form of employment other than what is authorised by the U.S. Sponsor and the Participant will not terminate employment with the Host Company without consulting with the U.S. Sponsor staff for assistance; and
(h) The Participant agrees and acknowledges that failure to comply with Programme rules or giving misleading information may result in Programme dismissal and immediate termination of the J-1 Visa.
9.4 Compliance with J-1 Visa and Programme Requirements
(a) The Participant agrees and acknowledges that if the Participant fails to maintain J-1 Visa status, this could result in serious consequences and may affect a Participant’s ability to remain in or return to the U.S;
(b) The Participant agrees and acknowledges the rules of this Programme as detailed in these Terms and Conditions and any other rules and regulations as defined by the U.S. Sponsor, the U.S. State Department or any other law or rule as enacted in the U.S. , Ireland or elsewhere that is applicable to these Terms and Conditions and the Programme;
(c) The Participant agrees and acknowledges that the U.S. Sponsor sponsorship authorises the Participant to participate in the Programme at the Host Company that the U.S. Sponsor has approved;
(d) The Participant declares that he or she has no intention of remaining in the U.S. following the Expiry Period;
(e) In order to activate the Participant’s J-1 Visa, the Participant must contact the U.S. Sponsor within one (1) Business Day upon arrival to the U.S. in order to give the U.S. Sponsor the following information:
(i) contact information of the Participant;
(ii) copy of the Participant’s passport and J-1 Visa stamp; and
(iii) the DS 2019.
(f) The Participant agrees and acknowledges that it is a condition of the Programme to continually update the U.S. Sponsor in the event that the Participant moves or changes accommodation while in the U.S;
(g) The Participant agrees and acknowledges that it is a condition of the Programme to update the U.S. Sponsor when the Participant completes the J-1 Summer Job and begins any travel experience;
(h) The Participant agrees and acknowledges that it is a condition of the Programme that at the DS 2019 Expiry, the Participant must update the U.S. Sponsor on their intended return date to the Home Country and update the U.S. Sponsor of any deviation from that date;
(i) The Participant agrees and acknowledges that it is a condition of the Programme that the Participant must be available to receive a monthly call (or emergency call) from the U.S. Sponsor;
(j) The Participant agrees and acknowledges that the U.S. Sponsor, in its sole and absolute discretion, reserves the right to terminate Participant’s sponsorship, and the Participant agrees to depart the U.S. at the Participant’s own expense, within ten (10) days of such termination notice, unless the Participant is the subject of Immediate Termination, in which case the Participant will leave immediately; and
(k) The Participant agrees and acknowledges that failure to engage in the J-1 Summer Job or any early departure from that job, without prior approval by the U.S. Sponsor, could lead to Programme termination, in which case the Participant must depart from the U.S. at the Participant’s own expense within ten (10) days of receiving such notice.
10. PARTICIPANT CANCELLATION
10.1 If the Participant wishes to cancel following the payment of any of the Fees the Participant must notify the Company by email using the same email address that was registered with the Company through the registration process or alternatively by completing the cancellation form on the website cancellation form(“Cancellation Request”).
10.2 Subject to Clause 10.3, the Participant agrees and acknowledges that the Deposit and the Second Payment to the Company are non-refundable.
10.3 A fourteen (14) day cooling off period will be applied to the Deposit payment and the Participant has a right to cancel without giving any reason. The Participant must submit a Cancellation Request within fourteen days of payment in order to avail of a rebate from the Company. If the Participant submits a Cancellation Request within the fourteen (14) day period, J1 Ireland will reimburse the Deposit to the Participant
without undue delay and in any event not later than fourteen (14) days from the day on which the Participant informs J1 Ireland of a decision to cancel. This reimbursement will be carried out using the same means of payment the Participant used when making the Deposit.
10.4 The Participant agrees and acknowledges that if a Cancellation Request has been made following the approval of the DS 2019, the Participant accepts and acknowledges that the Total Fee is non-refundable and the Participant hereby revokes any rights of refund or reimbursement from the Company in respect of the Total Fee.
11. COMPANY CANCELLATION
11.1 The Company reserves the right to cancel the Participant’s application or involvement in the Programme should the Participant breach any of these Terms and Conditions or should the Company receive a recommendation by the U.S. Sponsor to cancel the Participant’s application or involvement in the Programme.
11.2 The Company shall not be liable for a failure or delay in performing any of its obligations hereunder, if the failure or delay is occasioned by an event beyond the reasonable control of such party, including but not limited to fire, explosion, flood, war, act of terrorism, act of God, accident, interruption of or delay in transportation, labour dispute, strike, suspension of operations or works (other than of such party’s employees, agents or sub-contractors), government action, riot or rebellion, pandemic, any consequence of the Covid-19 pandemic or any other pandemic or epidemic, including Travel Restrictions, presidential proclamations or executive order (such circumstances to be “Force Majeure”).
11.3 Where, during an event of Force Majeure, the Company cannot proceed with the Programme the Company will not be liable for any failure to process J-1 Visa applications on behalf of the Participants or any other action as set-out in these Terms and Conditions.
11.4 Subject to Clause 11.6 and the Company’s right to cancel, if the Programme is cancelled by reason of Force Majeure, the Company will make reasonable efforts to offer the Participant a place on the next available Programme subject always to the Participant’s continuing eligibility for a J-1 Visa. Any Fees paid will be deferred to the next available Programme. Please note the deferred payments will be subject to any changes made to these Terms and Conditions including but not limited to any increase in the Fees or any additional obligations of the Participant.
11.5 If the Programme is cancelled or suspended by reason of Force Majeure, after the Final Payment has been received by the Company prior to the Programme commencement date, as prescribed by the DS 2019 and the Participant notifies the Company that he or she does not wish to avail of the deferral outlined in Clause 11.4, the Participant will receive a 50% refund of the Total Fee.
11.6 Where Force Majeure continues for a period of two months or longer from the date of the conclusion of the contract, , the Company shall be entitled to terminate these Terms and Conditions.
12.1 Entire Agreement
These Terms and Conditions constitute the entire understanding of the parties with respect to the matters contained herein and supersedes any previous written or oral agreement between the parties. Except for changes required by the U.S. Department of State or any other government agency with authority over J1 Ireland or the J-1 Visa, these Terms and Conditions may only be altered or amended in writing by J1 Ireland and any such amendments will be effective immediately.
These Terms and Conditions cannot be assigned or transferred.
(a) Any notices or other communication under these Terms and Conditions shall only be effective if it is in writing and in English or accompanied by a properly prepared translation into English. Any notice or other communication under these Terms and Conditions that is delivered by fax shall not be effective for any purpose.
(b) Any notice or other communication given or made under these Terms and Conditions shall be addressed as provided in this clause and, if so addressed, shall, in the absence of earlier receipt, be deemed to have been duly given or made as follows:
(i) if sent by personal delivery, on delivery at the address of the relevant party;
(ii) if sent by commercial courier, on delivery at the address of the relevant party;
(iii) if sent by pre-paid post, two (2) clear days after the date of posting; or
(iv) if sent by email, when sent.
The failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the right to subsequently enforce each and every provision of these Terms and Conditions.
(a) If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
(i) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or
(ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.
(b) If any invalid, unenforceable or illegal provision of these Terms and Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.6 Limitation on Liability
(a) J1 Ireland, its officers, management, employees, and affiliates will not be held liable for any damage, injury, loss, delay, accident, or expense in connection with the Participant’s involvement in Programme or that is caused directly or indirectly by the Participant or that the Participant contributes to.
(b) J1 Ireland will not be liable to the Participant or to any third party for any consequential or indirect damages or losses.
(c) The Company’s liability shall be no greater than its role as a facilitator of the J-1 Visa and no greater than the amount of the Fees the Participant has paid to J1 Ireland in connection with Programme and nothing herein creates a duty or obligation on J1 Ireland other than any liability that cannot lawfully be excluded or limited in accordance with the laws of Ireland.
(d) The U.S. Embassy issues a J-1 Visa purely at its own discretion. J1Ireland and the U.S. Sponsor do not accept any responsibility in cases where a visa is denied.
(e) J-1 Ireland and the U.S. Sponsor are not responsible for any delays in booking US Embassy interview or the U.S. Embassy processing the visa.
(f) J1 Ireland and the U.S. Sponsor cannot be held responsible for any extra expenses incurred due to delays on the part of the Participants in submitting required supporting documentation.
(g) All job offers submitted must be vetted and approved by the U.S. Sponsor. J1 Ireland cannot be held responsible for any extra expenses due to delays in employer answers calls, responding to emails, or supplying up to date business licence and workers’ compensation documents as part of the vetting process.
12.7 Data Protection
12.8 Governing Law, Jurisdiction And Dispute Resolution
(a) The Company and the Participant will at first instance in good faith attempt to resolve any dispute arising under or connection with these Terms and Conditions.
(b) These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and the Courts of Ireland shall have non-exclusive jurisdiction in relation to any matter arising therefrom (including any non-contractual disputes or claims).
(c) This Clause 12 will continue in force following the cancellation or termination of these Terms and Conditions.