Terms and conditions

Effectiveness date: September 2024

1. General

The present website is owned and operated by , which is a private company with TAX ID number , and its registered office at: - and contact email: info@usaholidaysmart.com (hereinafter, “We”, “The Company”).

The Company is not affiliated with, sponsored, or operated by the U.S. embassy or consulate and/or any governmental agency or entity.

These Terms and Conditions explain the contracting conditions of our private professional assistance services in fulfilling and submitting the application form for obtaining or renewing the business and/or tourism B1/B2 visa to travel to the U.S. and Canada offered to through this website (hereinafter, "the/our Services").

By making payment for our services, you make a clear statement that you have read, accepted and agreed to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully before paying for our private fee for our professional assistance services (contracting our services). In case of doubts or questions regarding these Terms and Conditions, or to know more about how they affect you, please contact our Customer Service Department via:

• contact form.
• email: info@usaholidaysmart.com

The confirmation of the payment of our service fee automatically confers the User the status of Customer and his/her bonding with these Terms and Conditions (hereinafter, “You”, “the Customer”).

To access and use our website you must be an adult and have the legal capacity to enter into contracts, according to the applicable national laws and regulations of your birth or residence country (the "User"). Those who do not comply with this requirement will not be considered as Users, with the consequences derived from this.

The Company reserves the right to update these Terms and Conditions, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User and/or Customer. The updated version of these Terms and Conditions will be effective immediately, at the same time it is published on this website. Therefore, we strongly advise to review the Terms and Conditions prior to contracting our services in order to acknowledge the latest version before the purchase of our Services.

These Terms and Conditions will always be available on this website so that the User and/or Customer can consult them at all times. Likewise, the Customer can also request a copy of the latest updated version of this Terms and Conditions at any given time.

2. Our professional assistance services

The Company offers private services of professional assistance in the process of fulfilling and submitting the application form for obtaining or renewing the business and/or tourism B1/B2 visa and Canada Visa to travel to the U.S. and Canada which includes:

• (i) support in the process of filling out the application form;
• (ii) verification that the individual has filled out the application form correctly and completely, contacting him/her in the event that it is considered necessary to confirm or correct the information provided and/or the provision of additional information; so that the application form meets all the requirements of the U.S. and Canada embassy or consulate;
• (iii) scheduling an appointment for the consular interview to obtain or renew the B1/B2 and Canada tourism visa.

The Company's Customer Service is always available (24 hours / 7 days a week) to answer any questions you may have about the application process for obtaining or renewing the business and/or tourism B1/B2 and Canada visa, the completion of the application form and/or scheduling the appointment for the consular interview. For more information, see the “Customer Service” section of these Terms and Conditions.

Remarks:

• The Company is not a law firm and, therefore, does not provide legal advice, and/or legal representation, and cannot be considered as your legal representative before the U.S. embassy or consulate or any public or private entity. Our professional assistance services offered through this website do not replace, in any case, a licensed attorney or specialized law firm. If you consider that you may require legal assistance due to your personal circumstances, it is suggested that you contact a licensed attorney or law firm.
• The Company cannot guarantee the result (approval or denial) of the B1/B2 and Canada tourism visa application, as this is the exclusive competence of the U.S. embassy or consulate.

In addition to the above, the following private additional services are offered on this website by the Company:

A. Denial Protection Service

This Service grants the Customers who purchase it, the option to freely decide if to reapply for a B1B2 visa, in case the U.S consulate or embassy has denied their first (previous) visa application through our website. In the event that the Customer decides to reapply for the visa:

• He/she will only have to pay the consular fees for the new application - our assistance services will be provided free of charge
• He/she acknowledges that the Company cannot guarantee the result (approval or denial) of the second (new) application.

Remarks:

• The “Denial Protection Service” is optional to be purchased for each B1B2 visa applicant.
• The “Denial Protection Service” is personal for each applicant. Therefore, each applicant can only use the Service if it was added to his/her application.
• The applicant can only ask us to activate the “Denial Protection Service”, in case his/her first (previous) B1B2 visa application has been denied by the U.S consulate or embassy (Note: the grounds for refusal of a B1B2 visa can be consulted on the official website of the U.S consulate or embassy).
• Customers who have purchased the “Denial Protection Service” will have one (1) year from the date of the consular interview to ask us to reapply for a B1B2 visa. This Service can only be used once.
• The cost of the “Denial Protection Service” is non refundable.
• The Company reserves the right to ask the Customer to provide the official document and/or email that the US consulate or embassy has refused his/her first (previous) B1B2 visa application.
• The Company reserves the right to not activate the “Denial Protection Service” for a Customer, in case the U.S consulate or embassy has indicated a ground for refusal of the B1B2 visa application that cannot be remedied - at least in a short/medium term -.
• The “Denial Protection Service” will only be used for the purposes indicated and in accordance with the conditions described in this section of these Terms and Conditions.

B. Priority Service

By purchasing our Priority Service, you will be entitled to an expedited processing of your requests, ensuring that your needs are taken care of promptly and efficiently. Your requests will be prioritized over those of other clients, guaranteeing a faster and smoother experience with our services.

Remarks:

• The “Priority Service” is optional to be purchased for each B1B2 visa applicant.Customers will have the option to select the Priority Service on the payment page.
• This preferential treatment is subject to availability and may be limited to a certain number of requests per customer.
• We reserve the right to modify or terminate this feature at any time without prior notice.

Please check the “Costs” and “Exclusion of liability” sections of these Terms and Conditions in connection with this section.

3. Purchasing our assistance services

To hire our services:

• You must be an adult and have the legal capacity to enter into contracts, in accordance with the applicable laws and regulations of your birth and/or residence country.
• You must be the parent (father/mother) and/or legal guardian in case the application for obtaining or renewing the business and/or tourism B1/B2 and Canada visa is for a minor.

To hire our Services you must follow the steps below:

Step 1: Complete the application form for obtaining or renewing a business and/or tourism B1/B2 and Canada visa.

Please note that the application forms are in two (2) parts: (i) the first one includes the main information about the applicant and after completing this part, the payment for our assistance service shall be made by the customer; (ii) the second one includes other information the applicant shall provide, in accordance with the requirements established by the U.S. embassy or consulate and the Government of Canada.

Remarks:

• Both parts of the application form must be completed in order to be able to perform our assistance services. The Customer may receive a few reminders to complete the missing information, but it is up to you to complete the application so that the process can continue. If the Customer does not complete all the information necessary for us to complete their application, in no case can they claim a failure to provide assistance services to the Company.
• Complete the selected B1/B2 and Canada visa application form with truthful, correct, and complete personal data and private information. This aspect is important so that the U.S. embassy or the Government of Canada do not find deficiencies in the information provided by you. The Customer is solely responsible for the accuracy of the data and the consequences arising therefrom.
• Our application forms for obtaining or renewing a business and/or tourism visa B1/B2 and/or Canada visa contain only those information fields that are strictly required by the U.S. embassy or the Government of Canada in order to process the B1/B2 visa and/or Canada visa to travel to the U.S or Canada. In this regard, if you provide more information than is indicated to you in relation to your request to obtain and/or renew the B1/B2 business and/or tourism visa and/or Canada visa you consent to the processing of said personal data or information by the Company.
• In the event that you are applying for obtaining or renewing the B1/B2 and/or Canada business and/or tourism visa on behalf of a third party of legal age (applicant), you guarantee the Company that (i) you have informed said third party of the purposes for which their personal information will be processed and (ii) you have the consent of said third party to communicate their personal information to the Company. In the event that the third party (applicant) is a minor, the above guarantees are not applicable as long as you are his/her parent (father/mother) and/or legal guardian; If not, then the previous requirements are applicable.
• In the event that you are acting in the name and on behalf of a third party, you warrant to the Company that you have the applicant's authorization to carry out all the arrangements and/or requests related to his/her application for obtaining or renewing the B1/B2 and Canada business and/or tourism visa.

For more information on the processing that the Company carries out of the User and/or Customer's personal information, you can consult our Privacy Policy.

Step 2: Payment

On the payment page, you will be informed of:

• (i) the costs of the application process for obtaining or renewing the B1/B2 and Canada business and/or tourism visa:
  • Service fee for our professional assistance services.
  • U.S. embassy or consulate fees or other applicable governmental fees.
• (ii) the costs of the ancillary services offered by the Company.

• (iii) the available payment methods, such as:

  • Payment card.
  • Cash Payment.
  • Instant payment method.
  • Bank transfer.

  Please check the Refund Policy section of these Terms and Conditions for further information.

Remarks:

• In case that you are applying for a B1B2 visa the payment of our Services fee will be made separately and independently from the payment of the U.S. embassy or consulate fees.
• The payment of our Services fee shall be made after completing the first part of the application form. By entering your payment information and confirming the payment of our services fee, you expressly state that: (i) you have read, understood and accept our Terms and Conditions, (ii) you wish to contract our private assistance services, in the process of submitting your application to obtain or renew the B1/B2 business and/or tourism visa, and you agree with the price established for the services offered and displayed on our checkout page and (iii) acknowledge that you have been informed and agree with the costs of the application process.
• The payment of the U.S. embassy or consulate fees shall be made after completing the second part of the application form. We will send the Customer a voucher (coupon) with the account number of the U.S. embassy or consulate and instructions for making the payment of said fees.
• Please notice that the payment of both fees and duly completing the application form are essential requirements for rendering of our assistance services. Otherwise, we will not be able to submit the B1/B2 business and/or tourism visa application form and/or to schedule the appointment for the consular interview and no responsibility will be assumed by the Company for the lack of assistance for these reasons. Moreover, The Company may, at any time, cancel the provision of services if the Customer fails to comply with the mentioned conditions.
• If you detect an undue or unacknowledged charge in your card concerning our assistance services, contact our 24/7 Customer Service so we can help you.
• In the case that you are applying for a Canada visa, the Service fee and the Canada Government fees will be paid in the same payment process and at the same time to our Company.

For more information, check the sections “B1/B2 and Canada visa costs” and “Cancellation of Services” down below of these Terms and Conditions.

If you have any questions or concerns about our services and/or the costs of the B1B2 and Canada visa application, before confirming the payment of our service fee, please contact our Customer Service.

4. Starting our assistance services

Our professional assistance services will start once the Company can confirm that our private fee has been paid and/or authorized, depending on the payment method selected by the User (Customer). Please bear in mind that card payments are usually confirmed in a few seconds/minutes while other payment methods may take a few days to be confirmed to the Company.

In case of selecting a payment method other than "payment by card", the Customer is recommended to pay our service fee as soon as possible, within the validity period indicated in the same selected payment method.

The Customer has one (1) year to enjoy our assistance services, after which period, if not used, the Customer shall not request the provision of the Services. In this regard, please check the section “Cancellation of Services” down below of these Terms and Conditions.

Remarks:

• If the charge has been authorized, you will receive a payment confirmation email both from the Merchant of Record and from its payment service provider. The contract for the provision of professional assistance services is considered formalized at the date of receiving the payment confirmation email and, in consequence, you authorize us to act on your behalf in the process of obtaining a B1/B2 business and Canada tourism visa.

• If the charge has not been authorized by your bank, the Company reserves the right not to provide professional assistance services regarding the B1/B2 and Canada visa. In this regard, please note that:

  • If your credit or debit card has been blocked, rejected, or has expired, it will not be possible to charge the costs. For any financial problem that you may have, you should contact your bank.
  • Credit cards are subject to controls and authorizations by the issuing bank. In such cases, we recommend that you contact your bank in order to confirm the legitimacy of our charge. If said entity does not authorize the charge sought, the Company will not provide its professional assistance services and will not assume any type of responsibility in this regard.

• If you have checked your bank account and the charge of our services fee appears, but you have not received the confirmation email, please contact our Customer Service via Contact Form or email: info@usaholidaysmart.com so we can help you.

• Similarly, if you detect an error in the charge made for our services fee, do not hesitate to contact our Customer Service to regularize the situation.

• Additionally, you will receive other emails (by way of example but not limited to): (i) with instructions to complete the second part of the application form for obtaining or renewing the B1/B2 visa that you have selected, (ii) with a voucher (coupon) with the instructions for the payment of consular fees, (iii) requesting additional information that you must provide together with the application form, (iii) and (iii) if needed, to assist you with technical assistance or to remind you of outstanding amounts due.

The Company reserves the right to cancel, at its sole discretion, the provision of the assistance services if certain circumstances, beyond your control and beyond what is reasonably expected of us as intermediary, and that prevent or difficult the provision of the services, take place. For more information, see the section “Cancellation of Services”.

5. B1/B2 and Canada visa costs

As explained previously, the applicable costs must be differentiated between the types of visa that the Client applies, specifically:

If you make a B1B2 visa application each of the payment items are paid separately:

• assistance service fee + ancillary services costs
• consular fee

If you make a Canada visa application the Service fee, the Canada Government fees and/or other extra fees applicable will be paid in the same payment process and at the same time to our Company.

Remarks:

• On the homepage of this website and/or on the payment page, the methods that are allowed for making the payment of our service fee are shown. Do not try to make a different payment or using methods/platforms other than those expressly indicated. If you do, the Company will not assume any responsibility for any loss of money or damage that may arise from such action.
• Our service fee (for interests or business objectives) as well as the consular fees (for any reason) can be updated at any time, without the need for prior notice to you and the change will be effective immediately, at the time they are published on this website. However, the changes will not be retroactive: the Customer who hired our services prior to the fee change will not be affected by said change.
• Our service fee may vary depending on the country where the applicant wants to submit the application form to obtain or renew the business and/or tourist visa B1/B2 and or Canada visa and, in addition, depending on the current exchange rate of the local currency in which the Customer wishes to make the payment and/or the fees that may be applied by the bank issuing the debit/credit card used to make the payment of the private service fee. This amount will be displayed on the payment page of our website, including applicable taxes.
• If you do not agree with our service fee, you should not enter your payment information. If you do, you acknowledge and confirm that:
  • You have been informed and agree with our service fee and that you have been informed that consular fees are paid separately.
  • You are the owner or legitimate holder of the credit or debit card that you have entered to pay the aforementioned costs. Therefore, the Company will not assume any responsibility in this regard, since such circumstances are beyond the reasonable control of the Company. However, if necessary, the Company will cooperate with the Customer, the Customer’s bank and/or the judicial and/or police authorities for the detection and/or investigation of fraudulent operations that are related to the card used to pay the costs of our private fees.

Other notes:

• The Company will not assume any responsibility for the taxes or surcharges due to the currency exchange rate imposed by the issuing bank of the debit or credit card used to make the payment of the costs of the application form for the B1/B2 and Canada business and/or tourism visa and no compensation or refund will be provided to the Customer for such circumstances.
• The Company reserves the right to make, on some occasions, special offers and/or discounts on its private rate for professional services. The Customer will benefit from the offer and/or discount only if he/she accepts the promotion notice. All special offers and/or discounts will be marked as such on the website and on the page of payment of the costs of the application process for the business and/or tourism visa B1/B2 and Canada. If they are not marked as such, the Company will not assume any responsibility towards the User and/or Customer in case of obvious errors. We recommend that you read the special conditions of the offers and/or discounts before accepting the promotion notice and/or confirming the payment of the costs of the application form for obtaining or renewing the selected B1/B2 and Canada business and/or tourism visa.
• The Company reserves the right to suspend, either temporarily or permanently, the offers and/or discounts on its private services fee and/or modify its particular conditions, extend the term of the same and/or immediately exclude a User of these advantages, at their discretion and without prior notice, in the event of detecting any anomaly, abuse or unethical behavior of the User (by way of example but not limited to: massive selection of business visa application forms and/or tourism B1/B2 and Canada, fraudulent activities regarding this website, among others).

Remarks regarding the consular fees in the case that you are applying for B1/B2 visa and Canada visa:

• TThe Company does not assume any type of responsibility regarding the fee of the U.S. embassy or consulate, since the setting of the same amount is the exclusive competence of said agency.
• Payment of the consular fees is a requirement of the U.S. embassy or consulate to schedule the appointment for the consular interview.
• To reapply for a B1B2 visa in case of a previous denial, the Customer shall again pay for the consular fees for the new application (See “Our professional assistance services” section of these Terms and Conditions).

For more information, see the sections "Cancellation of Services" and "Refund policy" of these Terms and Conditions.

6. Merchant of Record

Payments through this website may be charged, indistinctly, by the following Merchant(s) of Record:

• Online Immigration SL, with TAX ID number B66801184, registered in the Mercantile Registry of Barcelona - Spain, in book 45431 sheet 103, page 487521, Registration 1, with tax address at Avda. Litoral 12 5ª planta, Barcelona 08005 - España and contact email: info@usaholidaysmart.com.

• TOP GOAL OP SERVICES LLC, with TAX ID number 88-1512147, registered in the Mercantile Registry of Miami with tax address at 8325 NE 2 AVE SUITE 205, MIAMI, FL 33138 and contact email: info@usaholidaysmart.com.

• Blue Korp Op Services LLC, with TAX ID number 87-3720594, registered in the Mercantile Registry of Houston with tax address at 1880 S Dairy Ashford rd, Suite 207, Houston, TX 77077 and contact email: info@usaholidaysmart.com.

All Merchants of Record will make and manage the collection of the total costs of the Services offered through the present website and, where appropriate, refunds made and/or requested by the Customer. For more information, see the "Cancellation of Services" and "Refund Policy" sections of these Terms and Conditions.

All Merchants of Record will also issue the invoice for the charges made, when required by the Customer to the Customer Service. The Customer expressly authorizes the Merchant of Record to send the invoice in an electronic format, although you can also indicate to our Customer Service your desire to receive a paper invoice, in which case we will send it in this format to the postal address that you indicate to us.

To request an invoice for the assistance services charges, please contact our Customer Service through these means:

• Contact form
• Email: info@usaholidaysmart.com

All Merchants of Record as well as the payment service provider have established the maximum security measures to guarantee the reliability and security of communications and interactions between the User and/or Customer and this website. In this sense, it must be denoted that the credit or debit card information used for payment is transmitted directly through a secure connection to the information systems of the Company's payment service provider/s. Consequently, the Company does not store the complete information of the credit or debit card used for payment, but only a few digits in order to identify the transaction.

7. Technical means to correct errors

Before proceeding to the payment page of our service fee, you will have the opportunity to review all the data and personal information that you have provided in your B1/B2 and Canada visa application form and to make changes if necessary. It is very important that you ensure that the information completed is true, up-to-date, and complete so that the U.S. embassy or consulate and/or the Government of Canada does not find deficiencies to be corrected in your application form, which may delay knowing the result (approval or denial) of your request.

8. Cancellation of Services

The Company, at its sole discretion, may cancel the provision of the Services in the following circumstances:

• In the event of failure of the Customer to fulfill both parts of the B1/B2 and Canada business and/or tourism visa application form.
• In the event of failure of the Customer to pay our private service fees within the established deadlines and/or instructions provided by the Company.
• In the event that the payment of our private services has not been authorized by the payment entity owner and/or operator of the payment method selected by the Customer.
• In the event of failure of the Customer to pay the voucher (coupon) of the consular fees.
• In the event of failure of the Customer to respond to requests for the provision of documentation or correction of information, failure in responding to any clarification requests from the Customer Service in order to properly submit the application form.
• After contracting our services, the Customer submits the application for a B1B2 and/or Canada visa on his/her own and informs the company about it.
• In the event the Customer changes on his/her own the credentials to his/her user account in the official government platforms/websites.
• In the event of the closure of the U.S consulate or embassy or the Government of Canada in charge of the Customer’s B1/B2 and/or Canada visa application.
• In the event that the Customer does not arrive or arrives late and as a result the Customer misses the appointment at the U.S consulate or embassy or the Government of Canada.
• In the event of failure of the Customer to comply with any clause/s of these Terms and Conditions.
• Business decisions.

If our assistance services are canceled for the above reasons:

• the Customer will be duly informed of this, and will be provided with timely information so that he/she can continue with the visa application process on his/her own.
• the Company will not issue a refund of our service fee.

9. Refund Policy

The refund request shall be sent to our 24/7 Customer Service through these means:

• Contact form
• Email: info@usaholidaysmart.com

In order to properly identify your “Customer file” and payment made, as well as for reasons of security and confidentiality of personal data, the Customer may be asked to provide the following information regarding the payments made and/or the B1B2 and Canada visa application (by way of example but not limited to):

• (i) the same personal data provided in the application form for obtaining or renewing the B1/B2 and Canada business and/or tourist visa (i.e contact email, applicant’s name and surname, ID/passport number); and
• (ii) the same Customer ID/Order Code (reference provided to the Customer in our service fee payment confirmation email).
• (iii) provide proof of payment.
• (iv) other additional information regarding your application and/or order.

Remarks:

• We reserve the right to refuse refund requests:

  • that do not meet the above requirements. Only in very specific cases, due to particular circumstances of the Customer that will be assessed at the Company’s discretion, refund requests will be accepted even if the requirements are not met.
  • in the event that the Customer has been notified of the cancellation of our assistance services. See “Cancellation of Services” section of these Terms and Conditions to know more.

• If the refund request meets the above requirements and it is approved, depending on whether it is a B1B2 visa and/or a Canada visa, the amount refunded will be as follows for all payments methods:

  • In the event that the Client has applied for a B1B2 visa and if the Customer has received the voucher (payment order) for payment of consular fees → 50% of the total amount of private fees for Professional Services.
  • In the event that the Client has applied for a Canada visa and has received the receipt as a completed status → 100% of the price of the service and consular fees.
  • In the event that the Client has applied for a Canada visa and has received the receipt with a status other than the completed one → 50% of the price of the service and consular fees will only be refunded when they have not been paid to the Government of Canada.

  • If the Customer has NOT received the voucher (payment order) for payment of consular fees → 100% of the total amount of private fees for Professional Services.

    Notes:

    The Company will not be responsible for reimbursing any type of handling fee, commission and/or expense applied by the entity that owns and/or operates the payment method selected by the Customer. If the Customer wants to request the reimbursement of this type of charges, he/she must personally contact the owner or operator of the payment method.

    The resolution of the refund request will be communicated to the Customer via the contact email provided in the B1/B2 and Canada visa application form. The refund process may take up to a few days to be completed, from the time the refund is issued.

    In the applicable cases, the cost of the "Denial Protection Service" will be refundable once our service fee has been approved for reimbursement to the Customer, regardless of whether a full or partial refund has been granted.

    In the applicable cases, the refund of the “Priority Service” cost shall be conditioned to the full refund of our service fee, not applicable in any other case.

• If the refund request meets the above requirements and it is approved, our payment service provider will contact the Customer in order to process the refund (50% or 100%) approved by the Company. Please bear in mind that the payment service provider may ask you to provide specific information to process the refund (e.g: bank details).

• If you are only applying for a B1/B2 visa the U.S. embassy or consulate does not reimburse the fees for the evaluation of the B1/B2 visa application form and the consular interview. Therefore, we cannot be held responsible for the reimbursement of these fees.

• If you are only applying for a Canada visa the Government of Canada fees in any case does not reimburse.

• Requesting a refund through your bank (charge dispute) does not guarantee you the reimbursement of our service fee and is a slower process than contacting our Customer Service. Before contacting your bank, we recommend that you contact us so that we can process your request more quickly. Your bank will ask you for the reasons for the chargeback. These reasons must be valid and justifiable on your part. Our Company will carefully review the reasons on which you base your refund request through your bank. In this regard, please note that those refund requests that are considered fraudulent will be reported to the competent authorities, along with all customer data associated with the transaction, in compliance with our legal obligations and in legitimate defense of our interests and rights.

For any further information about our Refund Policy, please do not hesitate to contact our Customer Service team through the above mentioned channels, and we take all appropriate actions to remedy the situation raised.

10. Right of withdrawal

In accordance with the exceptions established by the applicable laws and regulations in force, the application form for obtaining or renewing the B1/B2 and Canada visa is a clearly personalized document since it contains the personal information of the visa applicant and is generated exclusively for the Customer. Therefore, the right of withdrawal is not applicable and, therefore, the Customer cannot exercise it.

11. Exclusion of liability

In accordance with the information provided in the sections "Our professional assistance services", “Purchasing our professional assistance services", "B1/B2 and Canada visa costs”, “Cancellation of Services”, and “Refund Policy” of these Terms and Conditions:

• The responsibility of the Company is limited to providing support to the Customer in filling out the application form for obtaining or renewing the business and/or tourism visa B1/B2 and Canada visa so that it meets all the information and form requirements established by the embassy or U.S. consulate or the Government of Canada; as well as the scheduling of an appointment for the consular interview.

• The Company will not assume any type of responsibility for the following circumstances (by way of example but not limited to):

  • The cancellation of the Services for the reasons mentioned above in the section “Cancellation of Services” of these Terms and Conditions.

  • Delays in submitting the B1B2 and Canada visa application form before the U.S.embassy or the Government of Canada due to the Customer’s late payment of our service fee, i.e. outside the recommended deadlines.

  • Delays in scheduling an appointment by Customer Service because the Customer has not made the payment of consular fees.

  • Approval or denial of the B1/B2 and Canada visa application by the U.S. embassy or consulate and the Government of Canada, for any reason. In this sense, the Company will not assume any responsibility (and therefore, will not refund) any travel expense incurred by the Customer without having previously obtained the B1B2 and/or Canada visa, etc.

  • Cancellation of the previously scheduled appointment for consular interview, without notification or notice from the U.S. embassy or the Government of Canada.

  • Rescheduling of the prior appointment for consular interview by the U.S. consulate or the Government of Canada whether or not it has informed of the reasons for rescheduling.

  • The Customer does not go to the consulate interview, for reasons unrelated to the Company.

  • The Customer does not go to the consular interview without all the information required to assess the B1/B2 and Canada visa application.

  • The Customer goes to the U.S. embassy or the Government of Canada for the consular interview at a date or location other than the one indicated in the interview confirmation instructions provided to the Customer via email.

  • The Customer does not collect the passport stamped with B1B2 and Canada visa at the pick up point indicated by the US consulate or the Government of Canada and/or does not collect the passport within the period indicated by the consulate or embassy. In this sense, the Company will not assume any type of responsibility for the impossibility of traveling because the Customer does not have his/her passport.

  • Payment of one or more B1/B2 and Canada visa application forms is made with the same debit or credit card, and the individual who has hired our services by confirming the payment is not the cardholder or a legitimate cardholder (an individual who is authorized by the cardholder to use the card to contract our services).

  • The cardholder does not match with the applicant.

  • Handling fee, surcharge and/or commissions applied by the owner and/or operator of the payment method selected by the Customer.

  • The Customer is not an adult and/or does not have the legal capacity to hire our professional assistance services according to the laws and regulations of their country of birth or residence.

  • The illicit processing of personal information of an applicant to obtain or renew the business and/or tourism visa B1/B2 and Canada visa of legal age because the transferor has not obtained the express consent of said applicant for the communication of their information to the Company. In this case, the reasonable effort of the Company will be limited to informing the applicant about how their personal information has been accessed and (i) requesting their express consent to continue the processing of their data (ii) if necessary, request the transferor of the information to confirm that they had the consent of the owner of the personal data to communicate it to the Company.

  • The illicit processing of personal information of an applicant for obtaining or renewing the B1/B2 and Canada business and/or tourism visa who is a minor, since the transferor is not his or her parent (father or mother) and/or legal guardian. In this case, as soon as the Company detects this circumstance, it will proceed to take the measures it deems appropriate to resolve the situation.

12. Applicable law and jurisdiction

These Terms and Conditions have been created and will be governed by the applicable laws and regulations in force in Spain.

In case of any controversy or disagreement that may arise or be related between the User and/or Customer and the Company by these Terms and Conditions, it will be subject to the non-exclusive jurisdiction of the courts and/or competent courts of the place of residence of the User and/or Customer.

The nullity, total or partial, of any of the clauses of these Terms and Conditions will not affect the validity of the other provisions.

The decision by the Company not to exercise any right provided or derived from these Terms and Conditions shall not be construed under any circumstances as a waiver of said right, unless the Company expressly rejects it in writing or there is a prescription legal action that corresponds in each case according to applicable laws and regulations.

13. Customer Service

A Customer Service is available 24/7 to facilitate communication between you and the Company, which can be contacted via:

• contact form.
• email: info@usaholidaysmart.com
• phone: +1(844) 532-0269
• livechat

Please be aware that phone calls to our Customer Service might be recorded for security purposes and to improve the quality of the telephone service, this being a standard practice in many companies. You will be duly informed that your call is being recorded and you will also have access to the information on how the Company processes the personal data required during the phone call for the purpose of verifying your identity as Customer in order to properly attend your request. Please be informed that your call will only be recorded only if you give us your express consent for it, which will be understood to be granted if you do not hang up and wait to be attended by a customer service agent. If you do not want your call to be recorded, then you must hang up and not continue with your call and contact our Customer Service by email: info@usaholidaysmart.com . For further information regarding what we do with your personal data, please can consult our Privacy Policy.

The Customer Service will respond to questions, suggestions, and/or complaints related to the professional assistance services that the Company offers in relation to the application process for obtaining or renewing the B1/B2 and Canada business and/or tourism visa. Likewise, the Customer Service will manage the refund requests that, where appropriate, the Customer makes.

In order to properly identify your Customer file in our information systems and confirm that you are or have been, effectively, a Customer of the Company, as well as for reasons of security and confidentiality of personal data; before proceeding to attend and respond to the request made, the Customer Service agents may ask you:

• Customer ID (Order Code), this is the number that was provided to you with the payment confirmation email of our professional services rate; and/or
• Your identification data.

Likewise, if you are a third party, other than the B1B2 and/or Canada visa applicant, you may be required to provide supporting documentation that you are authorized by the applicant to make, on their behalf, any request in regards to their B1B2 and Canada visa application and/or our assistance services. This requirement will not be applicable to parents and/or legal guardians of a minor visa applicant, who wish to make a request regarding their minor child's and/or ward's B1B2 and Canada visa application and/or our assistance services in connection with the minor's application.

Based on the above, please note that depending on the type of request made by you, some may be dealt with and/or resolved immediately via chat/phone call, while others will be subject to internal processing. In the latter case, the response to your request will be sent to the contact email address you provided in the B1B2 and Canada visa application form for security reasons.

The communications of each Customer are carefully reviewed, individually, so an attempt will be made to respond in the shortest possible time and, in any case, within the period established by the applicable laws and applicable regulations.

Privacy Policy

Effective date: August, 2024

Usaholidaysmart.com (hereinafter, “We”, “Us”, “this/our Website”) is firmly committed to regulatory compliance and the privacy and protection of personal data. Accordingly, in the present Privacy Policy, We provide the relevant information about how We process the personal data and private information of our users/customers in connection with the provision of our assistance services for obtaining a B1B2 visa and Canada visa. In this regard, please be aware that if the User confirms the payment of our professional services offered by this website, you automatically acquire the status of Customer and are linked to our Terms and Conditions, (hereinafter, “the Customer”, “you”, “your”).

We may update this Privacy Policy according to new legislative or jurisprudential requirements and/or business needs, among others. Any update or modification of the present Privacy Policy will be considered applicable from the moment of its publication on this website. Therefore, you are recommended to review this Privacy Policy regularly.

To access and use our website and assistance services you must be an adult and have the legal capacity to enter into contracts, according to the applicable national laws and regulations of your birth or residence country.

Without affecting your rights under applicable legislation, the present Privacy Policy is not contractual or part of your contract with us.

What Does Personal Data Mean?

For the purposes of this Privacy Policy, "personal data" means all data that identifies you or could be used to do so, as well as information on how you use this Website, such as your name and surname, contact email, passport number, payment information, order code, IP address, etc.

Who Is the Personal Data Controller?

The Company, as stated in our Terms and Conditions, will be the controller of any personal data collected from you for the provision of our professional assistance services.

We are not a law firm and, therefore, do not provide legal advice or legal representation. No attorney-client relationship is formalized by using our assistance services for obtaining a B1B2 visa. The services offered through this Website do not replace, in any case, a licensed attorney or specialized law firm. Therefore, if you think you need it, We recommend that you consult with a duly licensed attorney.

When Does This Privacy Policy Apply?

This Privacy Policy applies to the personal data that We collect and process from you when you (i) browse this Website, (ii) fulfill the B1B2 visa and Canada application form and/or (ii) contact our Customer Service.

Our Website may contain functionalities or links that may redirect you to third-party websites. In this case, please note that these third-party websites are not operated by Us, so We cannot assume any responsibility for the information and content provided on them, nor for the correct provision of the functionalities and/or services offered by these third parties since We have no control over this. These third party websites are bound by their own cookie and privacy policies and you must consult them for further information on how your personal data is processed by them.

Likewise, in the section “Who Do We Share Personal Data With?” We inform you of other third parties with whom We may share your personal data for legitimate purposes. You should consult their privacy policies to obtain more information about the data processing they carry out.

What Type of Personal Data Do We Collect and Process?

We collect the following categories of personal data:

• Identification data which are required to apply for a visa B1B2 and a Canada visa. (e.g: name and surname, contact email, passport number, date and place of birth, nationality, country of residence, etc).
• Payment information which is necessary to hire our professional assistance services (e.g: CPF, card number, codes and/or references required by the method of payment selected by you).
• Identification data of your application, such as your B1B2 and Canada visa application code/reference number provided with the payment confirmation email, which will be required by our Customer Service to locate your Customer File and for security and privacy reasons.
• Private information or additional identification data required by the US consulate or embassy and/or the Government of Canada.
• Information collected by means of automated technologies such as cookies (eg: your IP address, the sections you consult on our website, or the time that you remain). You can consult our Cookie Policy to obtain more information about the use of cookies on our website, their purposes, and other information of interest.

In all cases, We only collect and process the minimum personal data which are strictly necessary for the fulfillment of the purposes described in the section “What Do We Use Your Personal Data For?”. If you provide us with more information than that expressly required, you consent to the processing of it for the purpose/s for which you are sending it. In this sense, please be informed that:

• You must provide accurate, updated and complete personal data and/or private information in order to adequately fulfill the purposes for which they are collected and that are detailed below. Not providing this information requested could result in the inability to assist you and/or address your informational requests, etc. In this sense:

  • We will also probably ask you for additional information/documentation if the provided one is incomplete and/or erroneous.
  • if you provide us with more information than that which is expressly required, you consent to the processing of said information for the informed purpose/s for which you are sending it.

• If you provide Us with the personal data of third parties, whether these are from minors or adults, you confirm that you have informed them about the purposes for which their personal data will be processed and you guarantee that you have obtained their prior and express consent to communicate their personal data to us. In this sense, if you provide us with the personal data of a minor, you guarantee that you are a parent and/or legal guardian and, therefore, you consent to the processing of your child/ward’s personal data. The Company will not accept any responsibility for any breach of this requirement.

Remarks:

1. We offer different methods of payment. For some payment methods (e.g. card payments), We have partial access to your payment information, and for other payment methods (e.g: bank transfer), We do not have access to the payment information. If you select card payment, the captured data will be sent securely to our certified payment service providers for the authorization of the transaction. If you select a payment method other than credit/debit cards, for any payment-related transactions, you will be directly contacted by our payment service providers who may request additional information to locate your order and to manage your request (e.g: bank details).

2. According to the above, the Company will not be held responsible if:

   • It has been provided with erroneous, incomplete and/or fraudulent information from you which prevents the correct provision of our assistance services in connection with obtaining the B1B2 and/or Canada visa application.

   • The Users and/or Customers are minors and do not have the legal capacity to contract the Services offered on this Website in accordance with the laws and regulations of their birth or residence country. In this sense, it is the sole responsibility of parents and/or legal guardians to exercise adequate control over their minor children’s/ward’s online activity and to prevent their access to websites whose content is not suitable or recommended for minors and that allow the sending of personal data without the prior authorization of their parents or legal guardians.

   • The Company receives personal data and/or private information from an individual who is not the B1B2 and/or Canada visa applicant, without having requested the applicant’s consent to communicate his/her personal data to us. In such a case, the Company reserves the right to inform the data subject how his/her personal data and/or private information has been collected and, where appropriate, We will ask the individual who provided the personal data to the Company to confirm he/she requested the consent of the data subject and, where appropriate, to amend this circumstance.

What Do We Use Your Personal Data For?

We collect and process your personal data for the following purposes:

• To provide you with our professional assistance services to obtain a B1B2 and/or Canada visa and to ask you for additional information required.
• To provide you with the payment documents, codes or references for payment of our private service fee and to send you operational emails, such as payment confirmation emails, invoices, etc.
• To send you the voucher for payment of consular fees.
• To send you updated information regarding the scheduled consular appointment. In this regard, We may contact you if further personal information and/or additional documentation is required to properly request your consular appointment.
• To attend to your information and/or refund inquiries sent to our Customer Service.
• For administrative and/or security purposes, such as accounting and billing tasks and, where appropriate, to verify your payment information.
• To comply with our legal obligations, legal requirements, laws and regulations, and/or to respond to judicial, police, or other authority requirements.
• To protect, investigate, and prevent fraudulent, unauthorized, or illegal activities on or through this website.
• To improve our website, services, and customer support, and to enhance your user experience on our website by analyzing your behavior while browsing this website.

What Is the Legal Basis for Processing Your Personal Data?

We only process your personal data when there is a legal basis for doing so. The legal basis will depend on the reason We collect and process your personal data. In almost all cases the legal basis will be:

• The execution of the service provision contract with you (e.g. submitting your B1B2 and/or Canada visa application, scheduling your consular interview appointment, etc).
• The consent you have provided to us for the processing of your personal data in connection to the purposes informed at the time of collection of your data (e.g to answer your queries when you contact our Customer Service; your acceptance of cookies from our website).
• Fulfillment of our legal obligations to cooperate with administrative, judicial, police authorities when required.
• Our legitimate interest to (i) offer an enhanced user experience when you access and use this website and to operate it efficiently, (ii) verify the Customer’s identity and monitor fraudulent activity in order to preserve the security and integrity of our website; (iii) defend and address our rights in the event that a claim regarding our professional services may arise.

In the event that We send you electronic commercial communications, all of them will include an unsubscribe link, so you can object to receiving it at any time. We will try to process your unsubscription request immediately, but sometimes this process may take a number of days to become effective, during this period you may still receive our communications.

How Long Do We Keep Your Personal Data?

We will only keep your personal data for as long as is necessary to fulfill the purposes for which they are being processed and, beyond that, your personal data will be retained, and duly blocked, until the Company has complied with its legal obligations and has met with its business needs, objectives, and strategies. In this sense, your personal data will be kept, for example, for as long as is needed in order to address and defend our legitimate interests regarding any claims in connection with the Services offered; to finish the investigation of detected fraudulent or illicit activity; We will retain the Cookie data providing that you do not revoke its consent.

Once the necessary retention period has ended, your personal data will be securely deleted from our information systems.

Furthermore, if you have provided us with your consent to process your personal data for specific purposes, note that you can withdraw said consent at any time by contacting our Customer Service and/or by clicking the link to unsubscribe in case of electronic commercial communications.

Who Do We Share Personal Data With?

We may communicate your personal data to the following third parties that participate in the provision of the services offered on this Website and/or in the management of the User and/or Customer’s information, including, but not limited to:

• (i) The U.S.consulate or embassy and/or the Government of Canada for the purpose of scheduling your consular appointment and submitting your B1B2 and/or Canada visa application (Please bear in mind that the B1B2 and the Canada visa are issued and stamped on your passport by the U.S. consulate or embassy and the Government of Canada respectively);
• (ii) Payment service providers and/or other payment entities and/or partners that process the payments through this Website, refunds and, where appropriate, conduct payment fraud checks;
• (iii) Public entities and/or administrative or judicial authorities, as well as the police, where required by applicable laws and regulations;
• (iv) Law firms to respond to any claims relating to our Services and/or to protect our legitimate interests;
• (v) Technology service providers who host our information systems and/or provide us with technology, tools, or support;
• (vi) Providers who assist us in properly providing our Services.

The third parties mentioned above may have their headquarters outside the European Economic Area (EEA), therefore the communication of personal data to them may involve an international transfer of personal data. In this regard, We inform you that We will only transfer personal data to recipients located in countries that offer a level of personal data protection comparable to the laws and regulations of data protection of European countries or, failing that, We will apply the appropriate safeguards required by the current applicable law and regulations on the protection of personal data, in order to ensure the privacy and security of your personal data and that your individual rights and freedoms are guaranteed.

Likewise, We inform you that, where appropriate, We have subscribed the corresponding data processor contracts with our service providers, in compliance with the applicable data protection laws and regulations.

How Do We Protect Your Personal Data?

Your trust is very important to Us. For that reason, your personal data is stored confidentially and securely in our information systems. We have established the appropriate technical and organizational measures to safeguard and protect your personal data against illegal or unauthorized access, loss, or accidental destruction, damage, use, processing and illegal or unauthorized disclosure.

Likewise, We have taken reasonable precautions to guarantee that all our staff, as well as the suppliers or collaborators who have access to Customers’ personal data, have received adequate training regarding the processing of the personal data collected and that they comply with said data protection obligations.

Although We will do our best to guarantee the protection of your personal data transmitted through our website and/or contact channels, please bear in mind that you should also take precautions to keep your personal data safe e.g. you must not enter or confirm bank details by means of fake messages and/or websites.

What Rights Do You Have and How Can You Exercise Them?

You may exercise your rights of access, rectification, erasure, restriction of processing, and objection, as well as the right to the portability of your personal data, with a written request addressed to Us via our Contact Form or by writing to us at info@usaholidaysmart.com. Please bear in mind to include in your request at least the following data: name and surname, passport number and contact email (the same provided in the B1B2 and/or Canada visa application form) and, if you still keep it, your B1B2 and/or Canada visa application code/reference number.

Please note that the exercise of these rights must be made by you personally, or by your legal representative by providing a document proving the representation (meaning your authorization to act on your behalf). If you are the parent or legal guardian of a minor B1B2 and/or Canada visa applicant you can exercise his/her data protection rights on his/her behalf.

You may modify the “privacy settings” of your web browser to set up the tracking cookies at any time. Also, you can install programs or add-ons to your browser, known as "Do Not Track" tools, which will allow you to choose the Cookies you want to allow. For further information, check our Cookie Policy.

As a general rule, We will respond to data protection rights requests within one (1) month. Occasionally, this period may be extended by two (2) further months where necessary, taking into account whether your request is particularly complex or if you have made several requests. In this case, We will notify you of this event and explain the reasons for the delay to you.

Finally, We inform you that, where you consider it appropriate, you have the right to lodge a complaint before the corresponding Supervisory Authority, especially if you consider that your data protection rights have not been adequately addressed.

We remain at your disposal for any doubts or questions you may have about the present Privacy Policy or the processing of your personal data. If so, please do not hesitate to contact us via our Contact Form or by writing to us at info@usaholidaysmart.com.