For the purpose of this agreement, the term:
‘Applicant’ means any individual, or person acting on the behalf of the individual who hires the services of the Agent for preparation, lodgment and advice related to a visa or migration to Australia under the Australian immigration program.
‘Agent’ or ‘the Migration Agent’ or ‘the Registered Migration Agent’, which imply the same meaning for the purpose of this agreement, is a registered migration agent registered in Australia with the Migration Agents Registration Authority (the Authority).
TERMS AND CONDITIONS
The Applicant hereby appoints the Urmila Sumeet Kumar (MARN: 0641554), Managing Director of Auzworld Migration as the Agent to represent the Applicant and to assist in connection with the visa or review application or other services described in this Agreement.
The Applicant acknowledges that:
- a. the Agent is not a legal practitioner as a solicitor or lawyer
- b. the Agent’s registration with the Migration Agents Registration Authority does not involve accreditation by the Commonwealth Government of Australia for work overseas for the Commonwealth or for a Applicant.
- c. there is no implications of the existence of a relationship between the Agent and the Department of Immigration and Multicultural and Indigenous Affairs (the Department) or the Authority; or a special or privileged relationship with the Minister of Immigration or the officers of the Department or the Authority; or the ability to obtain priority processing or undertaking of part or full processing for the Department or procurement of a particular decision for a Applicant is implied in any form or manner.
- d. the Agent does not guarantee the success of the Applicant’s application under any circumstance or at any stage or that the application will be approved by a specific date or within a specific period.
The services to be provided under this service agreement may include the following:
- a. The provision of advice relevant to the visa category and the choice of category for the purpose of migration to Australia or visit to Australia as a tourist, business purpose or to undertake full-time studies.
- b. Assistance in the completion and/or checking of relevant forms for making the visa or review migration application as the case may be.
- c. Advice and assistance in relation to the provision of personal and official documentation required to support the application.
- d. Analysis of current Immigration Law and the legal requirements for the nominated visa category or review migration application and the preparation of any necessary supporting submissions to the Department of Immigration and Citizenship (the Department) or the review body.
- e. Submission of the application to the Department or review body for processing.
- f. Liaison with the Department or review body and the use of the Agent’s best endeavors to supply any further documentation or information requested by the Department.
- g. Keeping the Applicant fully informed of all developments concerning the progress of the application.
- h. During the processing of the application, advising the Applicant of any changes to the law or Departmental policy requirements affecting the visa application.
- i. Promptly advising the Applicant of communications from the Department or review body affecting the application and, where possible, assisting the Applicant to comply with any requests made by the Department or review body.
- j. Advising the Applicant promptly of the outcome of the application as soon as a decision is made.
The Agent warrants to the Applicant that:
- a. the Agent has sufficient depth of knowledge of the Migration Act, Migration Regulations and migration policies and procedures to be able to competently provide the agreed services.
- b. The Agent maintains an efficient file, accounting, and Applicant record system and will apply that system to the services to be provided under this Agreement.
- c. the Agent has no known conflict of interest in terms of Part 2 of the Code of Conduct.
- d. the Agent will receive no financial benefit from a third party as a result of providing advice of a non-immigration nature that has not already been disclosed in writing to the Applicant (refer clause 2.2 of the Code of Conduct).
- e. the Agent maintains a separate Applicant account to hold monies received on trust from the Applicant.
The Agent agrees:
- a. To provide courteous, attentive service to the Applicant.
- b. To prepare the application in a comprehensive, timely, fair and ethical manner and lodge it within reasonable time frames and in accordance with the Migration Act and Regulations. In doing so the Agent will comply with all statutory and other deadlines provided it is within the Agent’s reasonable power to do so. For the sake of clarification it would not be within the Agent’s reasonable power to comply with a deadline if the Applicant has failed to provide necessary documents or the fees necessary to effect such compliance.
- c. To give the Applicant clear explanations of their immigration status and visa application processes available.
- d. To provide frank and candid advice to the Applicant as to the prospects of success of the application.
- e. To assign competent and skilled staff to the task.
- f. To provide the services of an interpreter at the expense of the Applicant if requested by the Applicant. In this event the Agent shall be entitled to request payment in advance of a sum sufficient to cover the cost of the interpreter.
- g. To provide clear advice on the progress and outcome of the Applicant’s visa application.
- h. To observe and comply with the Code of Conduct prescribed for Registered Migration Agents and contained in Schedule 2 of the Migration Agents Regulations 1998.
- i. To provide the Applicant with a copy of the Code of Conduct upon request.
- j. To notify the Applicant in advance and obtain the Applicant’s written agreement to any proposed change in the fees payable under this Agreement.
- k. To provide the Applicant with a copy of the application on request.
- l. In accordance with clause 10.2 of the Code of Conduct, to return to the Applicant any documents belonging to the Applicant within 7 days of being requested by the Applicant to do so.
The Applicant agrees:
- a. To respond in a timely way to requests by the Agent for further information or documents.
- b. To promptly make the payments required by this Agreement as and when they fall due.
The Applicant acknowledges:
- a. the Agent has provided the Applicant with a copy of the Information on the Regulation of the Migration Advice Professionin accordance with Part 3 of the Code of Conduct.
- b. the Agent has informed the Applicant that he or she is entitled to receive copies of the application and any related documents. The Agent may charge a reasonable amount for any copies provided.
- c. the Agent has not represented to the Applicant that he or she can procure a particular decision from the Department of Immigration and Citizenship in this matter.
- d. The final decision on an application submitted to a Government processing office is beyond the control or influence of the Agent and that the Agent makes no claims whatsoever as to any special access to or influence on the decision-maker.
- e. The Agent shall not be liable for any loss arising from retrospective changes in the law affecting the Applicant’s application.
- f. The Agent has advised the Applicant not to sell property, leave employment or finalize any business or personal affairs until after receipt of written approval of the application by the Department of Immigration and Citizenship.
- g. If this is a litigious matter that an order by a court for the payment of costs in favor of the Applicant will not necessarily cover the whole of the Applicant’s legal costs.
The Applicant warrants to the Agent:
- a. That all information provided to the Agent is to the best of the Applicant’s knowledge and belief, true and correct and that all documents supplied are similarly genuine and authentic.
The fee structure and due dates would be as per the Fees Schedule (see attachment).
- a. Refund Policy
- The Applicant is entitled for five (working) days of Cooling Off period from the date this agreement is signed, within which he/she can withdraw the Agent’s services. The Agent will reimburse the entire initial amount after deducting any administrative costs or professional fee for the time spent on the visa application within that time frame. After the Cooling Off period, no refund applies and the Agent is considered as appointed by the Applicant. After this time however, no refunds will be provided, including if the Agent determines that the Applicant is ineligible to apply for any visa.
- The first payment is strictly non-refundable once the client agreed to proceed and any discussion commenced. The first payment is also non-refundable once the checklist is prepared and given to the client either by email or by hand.
- Only under the circumstances that the Applicant’s visa application is rejected by the Department of Immigration, due to a mistake on part of the Agent, a refund of Agent’s professional fee after deducting reasonable administrative costs will be reimbursed to the Applicant.
- In any other case, the consultant fee of $350 to $550 per hour will be charged, depending on the complexity of the case plus any other admin cost of $550 before calculating the refund amount.
This Agreement is subject to the following further terms and conditions:
- a. The Agent is Under No Obligation
The Agent will be under no obligation to submit the Applicant’s application to the Department of Immigration and Citizenship or to the review body until payment has been made in full of all fees due and payable at that stage.
- b. Goods & Services Tax
Where the Goods and Services Tax (GST) is payable in respect of the Agent’s services such tax shall be payable in addition to the agreed fee. [Note: as a general guide, Applicants who are not residents of Australia for income tax purposes are usually not liable for GST. However the Applicant should obtain specific advice on this point if in doubt.]
- c. Invoicing
The Agent will be entitled to invoice the Applicant for the work in the agreed stages or blocks of work upon completion of the work in each stage or block.
- d. Disbursements
The agreed fee does not include disbursements that may be incurred by the Agent including the Department of Immigration and Citizenship’s application fees. It is acknowledged and agreed that the cost of disbursements including but not limited to translations and certification of documents, health checks, skills assessments, courier fees and English language assessment fees (where necessary) are not covered by the agreed fee and are the Applicant’s responsibility.
- e. Termination of Agreement/Engagement
This Agreement may be terminated on terms agreed by both parties. In the absence of such Agreement the Applicant may terminate the Agreement or engagement by written notice to the Agent at any time. The Agent may terminate the Agreement by written notice to the Applicant specifying just cause for such termination (refer clause 10.1 of the Code of Conduct). Circumstances may arise (such as a conflict of interest) which make it impossible for the Agent to continue to act for the Applicant. If this happens the Agent will contact the Applicant immediately.
In the event of the Agreement being terminated in accordance with this clause the Applicant must pay to the Agent all proper disbursements and out of pocket expenses incurred by the Agent on behalf of the Applicant as well as legal costs (or a pro-rata proportion of the agreed professional fees based on the time devoted to the case) up to the time of termination. If the Applicant does not pay the Agent account or fails to pay money in advance if it is requested, the Agent may stop work until paid. If the account continues to remain unpaid the Agent may cease to act for the Applicant.
If the Agent ceases to act for the Applicant:
- the Agent will not incur any liability as a result.
- the Agent will remove its name from the court record in any court proceedings.
- The Applicant will receive a final account which will include all outstanding legal costs.
- The Applicant must pay the Agent’s legal costs up until the date when the Agent ceased to act.
- the Agent retains the right to keep the Applicant’s documents until the Agent is paid.
- f. Confidentiality
The Agent will preserve the confidentiality of the Applicant and will not disclose or allow to be disclosed, confidential information about the Applicant or a Applicant’s business without the Applicant’s written consent, unless required by law.
- g. Retention of documents
The Agent agrees to keep all documents (including electronic communications) to which the Applicant is entitled securely and in a way that will ensure confidentiality until the earlier of:
- 7 years after the date of the last action on the file for the Applicant; or
- When the documents are given to the Applicant or dealt with in accordance with the Applicant’s written instructions.
- h. Resolution of Disputes
Mediation, Arbitration and other Dispute Resolution Processes
All disputes arising out of this Agreement shall first be the subject of discussion between the Agent and the Applicant with the objective of negotiating an amicable settlement. The results of such amicable settlement shall be issued in writing and signed by both the Agent and the Applicant. If no amicable settlement is reached within twenty-one (21) days (or such longer period as may be agreed between the parties) of one of the parties requesting an opportunity to discuss the dispute, the parties agree to refer the disputed matter to the Australian Commercial Disputes Resolution Centre (“ACDRC”) for final settlement in accordance with the Rules of the ACDRC by a single arbitrator appointed in accordance with the said Rules or by adopting and agreeing to another dispute resolution process suggested by the Secretary of ACDRC and acceptable to the parties.
- i. Acceptance of Terms, Conditions and Costs
If this Agreement is handed, emailed, posted or otherwise delivered to the Applicant and the Applicant does not sign the Agreement and return it to the Agent, the Applicant will nonetheless be taken to have accepted its terms and conditions if the Applicant does not notify the Agent within 21 days of any concern the Applicant may have or otherwise permits work by the Agent to be commenced or continued in relation to the subject matter of the Agreement.