Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "We," "Us," "Our" refers to Birchwood Counsel, a legal practice specializing in immigration law in Taiwan
• "You," "Your," "Client" refers to individuals or entities engaging our legal services or using our website
• "Services" refers to immigration legal consultation, application support, and case management services we provide
• "Agreement" refers to the engagement letter and these Terms and Conditions collectively
• "Website" refers to our online presence accessible through our domain

2. Acceptance of Terms

By engaging our legal services, scheduling a consultation, or using our website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our services or website.

These terms apply to all users of our website and services, including prospective clients, current clients, and website visitors. Specific service engagements will be governed by individual engagement letters that incorporate these terms by reference.

3. Eligibility and Capacity

To engage our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete information during the engagement process
• Not be subject to sanctions or legal restrictions that would prohibit our representation

If you are engaging our services on behalf of an organization, you represent that you have authority to bind that organization to these terms.

4. Scope of Services

4.1 Service Offerings

We provide immigration legal services focused on Taiwan residence pathways, including:

• Initial consultations and pathway assessment
• Work permit and employment-based residence applications
• Investment residence and business establishment support
• Family reunion applications
• Permanent residence applications
• Document preparation and translation coordination

4.2 Service Limitations

Our services are limited to Taiwan immigration law. We do not provide:

• Immigration services for countries other than Taiwan
• Tax advice or financial planning services
• Real estate or property law services
• Criminal defense or litigation services
• Notarial services (though we can coordinate with notaries when needed)

4.3 Specific Service Levels

Our tiered service structure includes Clearing Consultation, Pathfinding Services, and Full Forest Guidance. The specific scope of each service level is detailed in our service descriptions and engagement letters. Services are provided as described at the time of engagement.

5. Client Responsibilities

5.1 Information Accuracy

You agree to:

• Provide complete, accurate, and truthful information
• Promptly disclose any changes to information previously provided
• Inform us of any circumstances that may affect your application
• Not withhold information that could impact legal assessments or application outcomes

5.2 Cooperation and Responsiveness

You agree to:

• Respond promptly to requests for information or documentation
• Attend scheduled meetings and appointments
• Review documents we prepare and provide timely feedback
• Follow our guidance regarding immigration requirements and procedures

5.3 Document Authenticity

You represent and warrant that all documents you provide are genuine, authentic, and obtained legally. You agree not to provide forged, altered, or fraudulent documents. Provision of false documents may result in immediate termination of services and potential legal consequences.

6. Fees and Payment

6.1 Service Fees

Our service fees are set forth in our service descriptions and confirmed in engagement letters. All fees are quoted in New Taiwan Dollars (NT$) unless otherwise specified. Current standard fees are:

• Clearing Consultation: NT$10,600
• Pathfinding Services: NT$37,500
• Full Forest Guidance: NT$76,000

These fees cover our professional services only and do not include government filing fees, translation costs, document authentication fees, or other third-party expenses.

6.2 Payment Terms

Unless otherwise agreed in writing:

• Consultation fees are payable in advance of the scheduled consultation
• Service fees are payable 50% upon engagement and 50% upon application submission
• Third-party expenses are billed as incurred or estimated in advance
• Payment is due within 14 days of invoice date unless alternative terms are specified

6.3 Additional Services

Services beyond the scope of your engagement letter will be quoted separately and require your approval before proceeding. This includes handling of unexpected complications, requests for additional information from agencies, or appeals of unfavorable decisions.

6.4 Refund Policy

Consultation fees are non-refundable once the consultation has been conducted. For other services, refunds are provided on a pro-rata basis for work not yet performed if you terminate the engagement. Work already completed, including time spent on your matter, is not refundable. Government fees and third-party expenses paid on your behalf are non-refundable.

7. Professional Relationship

7.1 Attorney-Client Relationship

An attorney-client relationship is established only through a signed engagement letter. Website use, initial inquiries, or attendance at informational events do not create an attorney-client relationship. Confidential information should not be shared until a formal engagement is established.

7.2 Scope of Representation

Our representation is limited to matters specifically described in the engagement letter. Unless explicitly agreed, we do not represent you in matters beyond those specified, even if related to immigration or Taiwan law.

7.3 Conflicts of Interest

We conduct conflict checks before accepting new clients. We cannot represent you if doing so would create a conflict of interest with existing or former clients. We reserve the right to decline representation or terminate representation if conflicts arise during the engagement.

8. Confidentiality

We maintain strict confidentiality of client information in accordance with Taiwan Bar Association professional responsibility rules and the Taiwan Personal Data Protection Act. Information you provide will be used only for purposes of providing legal services and will not be disclosed to third parties except:

• As necessary to represent you effectively (submissions to government agencies, coordination with service providers)
• With your express consent
• As required by law or court order
• To prevent fraud or criminal activity
• To protect our legal rights in fee disputes or malpractice claims

For additional information about how we handle personal data, please review our Privacy Policy.

9. No Guarantees

We cannot and do not guarantee outcomes in immigration matters. Application approvals are determined by Taiwan government agencies applying legal standards and administrative procedures. While we provide professional guidance based on our experience and knowledge, factors beyond our control affect outcomes, including:

• Changes in immigration policy or regulations
• Administrative discretion exercised by government officials
• Processing delays or agency backlogs
• Accuracy and completeness of information you provide
• Political or economic factors affecting immigration programs

Any estimates of processing times or likelihood of approval are professional opinions based on current knowledge and should not be construed as guarantees.

10. Limitation of Liability

To the maximum extent permitted by Taiwan law and professional responsibility rules:

• Our liability for any claim arising from our services is limited to the fees paid for those services
• We are not liable for indirect, consequential, or punitive damages
• We are not liable for outcomes determined by government agencies exercising lawful discretion
• We are not liable for delays or issues caused by third-party service providers
• We are not liable for consequences of inaccurate or incomplete information you provide

This limitation does not affect liability that cannot be excluded under Taiwan law, including liability for fraud or willful misconduct.

11. Termination

11.1 Client Termination

You may terminate our services at any time by providing written notice. You remain responsible for fees for services performed prior to termination and any third-party expenses incurred on your behalf.

11.2 Our Termination Rights

We may terminate representation if:

• You fail to pay fees or expenses as agreed
• You fail to cooperate or provide requested information
• You provide false or misleading information
• Continuing representation would violate professional ethics rules
• A conflict of interest arises
• The professional relationship has broken down

We will provide reasonable notice when terminating representation unless professional rules require immediate withdrawal.

11.3 Effects of Termination

Upon termination, we will return your original documents and provide you with file materials as reasonably requested. You remain responsible for all outstanding fees and expenses. We may retain copies of documents for our records as required by professional regulations.

12. Governing Law and Disputes

12.1 Governing Law

These Terms and Conditions are governed by the laws of Taiwan (Republic of China). The interpretation and enforcement of these terms are subject to Taiwan jurisdiction.

12.2 Dispute Resolution

Any disputes arising from our services or these terms should first be addressed through good faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may pursue resolution through:

• Mediation through a mutually agreed mediator
• Arbitration in accordance with Taiwan arbitration laws
• Litigation in the competent courts of Taipei, Taiwan

12.3 Fee Disputes

Fee disputes may be submitted to the Taiwan Bar Association fee arbitration program before pursuing other dispute resolution mechanisms.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with your engagement letter, constitute the entire agreement between you and Birchwood Counsel regarding our services. They supersede all prior communications, representations, or agreements, whether oral or written.

13.2 Amendments

We may update these Terms and Conditions periodically. Changes will be posted on our website with an updated effective date. Your continued engagement of our services after changes take effect constitutes acceptance of the modified terms. Specific engagements are governed by the terms in effect when the engagement letter was signed.

13.3 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.4 Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations with notice to you, provided such assignment does not materially affect the quality of services provided.

13.5 Notices

All notices required under these terms must be in writing and delivered via email or postal mail to the addresses provided in the engagement letter or, for general inquiries, to our primary contact information.

14. Contact Information

Questions regarding these Terms and Conditions should be directed to: