IMPORTANT INFORMATION FOR CLIENTS: Our Migration Agent services are offered to individual persons who can form legally binding contracts under Australian law. Migration Agent services are not available to persons under 18 years of age and you must be over 18 years of age to enter into a contract with us. If you do not qualify, please do not use or attempt to use these services. The terms and conditions of this Agreement are set out below. Make sure you have read and understood the conditions before entering into the Agreement. If you wish to seek independent legal advice about this Agreement, you should do so before signing this Agreement. By signing the document, you are indicating that you have read and understood the terms of the document.
- This Migration Agent Services Agreement (the Agreement) is provided in accordance with the requirements of Migration Agents Regulations 1998 No. 53, Schedule 2, Regulation 8, and the Migration Act 1958 Subsection 276 and Subsection 314(1).
- Our migration assistance under this Agreement is limited by providing general advice only in the limited form with a particular document sample, template, or pattern only. It can not fit every circumstance and not intended to. You should consult a lawyer or a registered migration agent to get specific advice for your problem and your particular circumstances.
- Parties:
- Agent(s)” details are set out in Annexure 1 attached to this Agreement.
- “Client(s)” details are set out in "Signed by" section of this Agreement.
- Fees & Charges
- fees and charges are set out in the Fee Estimate listed on the corresponding listing of a particular service item and are an integral part of this Agreement.
- all amounts quoted are in Australian Dollars.
- all amounts paid to the Agent(s) or Business may be subject to an additional transaction fee.
- all fees must be paid upfront.
- fees payable under this Agreement may be invoiced on behalf of the Agent(s) by the Business.
- you agree to indemnify the Agent(s) against all liabilities, expenses, damages, and costs arising out of the incomplete, inaccurate, up-to-date, misleading, or inexact information constituting the general advice only in the limited form of a particular document sample, template, or pattern, as under this Agreement we can not consider your problem and your particular circumstances.
- in the event that the Agent(s) makes a payment on behalf of the Client using the Agent’s or the Business credit card, bank fees associated with the payment will become due and payable by the Client.
- the Agent(s) maintain a bank account called ‘Client Account’. Payments made directly to this bank account. In the event that you are unable to make payment directly to this account and pay by any other means, an equivalent amount of money will be deposited into this account as soon as practicable.
- regardless of circumstances, you are not entitled to any bank interest accrued on the money in the Client Account
- The following withdrawals from the Client Account may be made:
- any expense (e.g. surcharges, payments of application fee, professional consultancy fees incurred, or any charges for clerical work such as translation and postage) will be deducted from the Client Account immediately on processing the expense transaction.
- amounts for the service provided will be withdrawn one week after the provision of a Statement of Services. This is to allow you time to send the Agent(s) any objections. If you send an objection, the money will be kept on hold in the Client Account until the matter is resolved. If the objection is resolved in your favor then the money will be returned to you as per your instructions.
- Any unused amounts will be returned to you as per your instructions.
- Services included in Agreement
- the services are set out in the Fee Estimate associated with the corresponding listing of a particular service item and are an integral part of this Agreement.
- under this Agreement, the Agent(s) will be under no obligation to represent Client or submit the Client’s application or documents to any governing body or authority or contact them in a different way.
- under this Agreement, the Agent(s) will be under no obligation to provide Client specific advice for the Client's problem and/or particular circumstances. If you need such advice you have to request a separate service.
- unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data, and other content of the services provided. All trademarks appearing on this Website belong to their respective owners.
- your purchase of the services constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable, non-shareable license to download and access the content constituting the service for the purpose of your own personal use and reference, and print or convert the content to an image or vector format for your own storage, retention, and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any content other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our content, whether modified or not, to any third party. You agree not to use any of our content in a way that might be detrimental to us or damage our reputation.
- Performance of Services
- the Client appoints the Agent for the provision of the Services outlined in Clause 5.1. above.
- immigration assistance under this Agreement will be provided by the Agent(s) named in Clause 3.1. above.
- administrative services may be provided by persons under the supervision of the Registered Migration Agent or another Registered Migration Agent from time to time.
- Migration Agents’ Code of Conduct (the Code) and immigration legislation
- the Code (prescribed in Migration Agents Regulations 1998 No. 53, Schedule 2, Regulation 8 and the Migration Act 1958 Subsection 314(1)) is intended to establish a proper standard for the conduct of Registered Migration Agents and to establish the minimum attributes and abilities that a person must demonstrate to act as a Registered Migration Agent.
- the Agent will provide a copy of the Code to the Client upon request and upon payment of a reasonable fee by the Client to the Agent(s). A copy of the Code is available at the Office of the Migration Agents Registration Authority. By signing this Agreement you acknowledge in writing that you have received the Code of Conduct and Consumer Guide by downloading them from the links provided.
- you can find appropriate legislation at the Department of Home Affairs website. The Agent(s) will provide a copy of the Migration Act or Migration Regulations upon request and upon payment of a reasonable fee by the Client to the Agent(s).
- if the Code is amended in a way that is inconsistent with this agreement, the Agent(s) and Client agree to vary this agreement in order to comply with such amendments to the extent of any such inconsistency.
- if the Code is inconsistent with the Agents obligations or is inconsistent with the laws of the country in which the Agent(s) is operating, the Agent(s) and the Client agree to vary this agreement to comply with the Agents obligations or with the laws of that country, to the extent of any such inconsistency.
- having regard to the Agent(s) special position the reliance of our clients and the wider community on our specialist knowledge we hereby commit to the ethical principles as it is set out in Annexure 3.
- Agent’s Duties & Obligations
- The Agent(s) must:
- remain abreast of current immigration law for the duration of this agreement;
- provide the Client with a copy of the document titled “Information on the Regulation of the Migration Advice Profession”, which is also available at the Office of the Migration Agents Registration Authority
- The Agent will not be liable:
- for any liabilities, expenses, damages, and costs arising from changes to immigration law or other relevant law and policy.
- for any liabilities, expenses, damages, and costs arising out of the incomplete, inaccurate, up-to-date, misleading, or inexact information constituting the Service or its content.
- for any refund to the Client for any fees or charges paid in the event of any dealings of the Client with a governing body or authority participating in the immigration process are unsuccessful;
- for any liabilities, expenses, damages, and costs suffered as a result of actions taken by the Client in anticipation of any dealings a governing body or authority participating in the immigration process, including but not limited to the sale or purchase of property, commencement or conclusion of employment, dealings with business or personal affairs.
- for any liabilities, expenses, damages, and costs arising from mistakes made by the third parties.
- Client’s Duties & Obligations
- The Client accepts and understands that:
- the Agent cannot guarantee the full suitability of the Services outlined in Clause 5., to the particular circumstances of the Client;
- due to the nature of the Service, no refund will be given for its downloadable content;
- the Client's dealings with a governing body or authority participating in the immigration process are beyond the control of the Agent;
- changes to the law may cause the Client's dealings with a governing body or authority participating in the immigration process to be:
- refused;
- invalid;
- ineligible for lodgement; and/or
- returned to the Client without consideration.
- The Client agrees and warrants that:
- all information provided to the Agent under this agreement will, to the best of the Client’s knowledge, be true and correct, including the third party documents; and
- all documentation provided to the Agent under this agreement will, to the best of the Client’s knowledge, be genuine and authentic; and
- the Client will be courteous and respectful in dealings with the Agent
- the Client will abstain to be under the influence of alcohol, prescription drugs, or illegal drugs when communicating with the Agent, or Agent's representative.
- Client comments, feedback, and other submissions
- if at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you hereby grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
- we are and shall be under no obligation
- to maintain any comments in confidence;
- to pay compensation for any comments, or
- to respond to any comments.
- to the fullest extent permitted by applicable law, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
- you agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or another personal or proprietary right.
- you further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
- you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
- you are solely responsible for any comments you make and their accuracy.
- to the fullest extent permitted by applicable law, we take no responsibility and assume no liability for any comments posted by you or any third-party.
- Termination
- in the event that the Client breaches this agreement, the Agent has the right to terminate the contract:
- if such breach is not remedied within 7 days notice, upon the expiry of the notice period; or
- if the breach is not capable of remedy, immediately; and the Agent has the right to charge additional fees for any additional services required as a result of the breach.
- the Agent may terminate this agreement without cause upon the expiry of 7 days' notice.
- the Agent may terminate this agreement immediately in the event that the Client breached Clause 9.2 of the Agreement.
- within 7 days after the termination, the Client must pay to the Agent all fees and charges due and payable, including but not limited to fees owed for work performed by the Agent until the date of termination.
- within 7 days after the termination, whilst the Agent is entitled to retain fees for services completed up to the date of termination, the Agent must render a final account to the client, detailing all of the work performed and issue a final account (Statement of Services) to the client detailing all of the work performed up to the date of termination.
- termination of this Contract under any circumstance shall not abdicate, impair, release or extinguish any debt, obligation, or liability of a party which may have accrued including any such debt, obligation, or liability which was the cause of the termination or arose out of such cause.
- Confidentiality
- both parties must maintain the confidentiality of all information under this Agreement, except as modified by this section.
- the Agent must not disclose confidential information regarding the Client without the prior written consent of the Client unless otherwise required by law.
- where necessary, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act 1988 (Cth).
- the Agent may disclose, to a Government or other authority relevant to the Application, information relating to the Client, including information protected by the Client’s right to confidentiality under the common law and the Code of Conduct, to the extent the Agent reasonably believes such disclosure is necessary for any of the following purposes:
- to establish a claim or defense on behalf of the Agent in a dispute between the Agent and the Client;
- to establish a defense to a criminal charge or civil claim against the Agent-based upon conduct in which the Client was involved, associated or referenced;
- to respond to allegations in any proceeding, including any disciplinary matter, concerning the Agent’s representation of the Client.
- the Agent shall where possible, advise the Client of potential disclosure pursuant to Clause 12.4. above.
- Retention of Files
- the Agent must maintain the Application and the Client’s documentation and information in a secure and confidential manner until the earlier of:
- 7 years after the date of the last action;
- provision of copies of any documentation, and information to the Client; or
- dealing with the documentation, and information in accordance with the Client’s written instructions.
- the Agent may charge a reasonable fee for the provision of a copy of the Client’s Application, documentation, or information to the Client.
- Electronic Communications
- The Agent will not be liable for any loss, harm or damage suffered as a result of interception or unintentional disclosure of electronic communications transmitted between the Agent and the Client or any other relevant person or authority.
- Resolution of Disputes
- The parties agree to discuss the dispute with the aim of reaching an agreement that is acceptable to both sides in the event that a dispute arises out of or relating to:
- this Agreement;
- any related claim in restitution or at law, in equity or pursuant to any statute;
- In the event that an agreement is reached in accordance with Clause 15.1. above, such agreement will be documented in writing, dated, and signed by both the Agent and the Client.
- If one party requests an opportunity to discuss the dispute, the parties should make their best efforts to reach an agreement within 21 days of that request, unless a longer period is agreed between the parties.
- If the parties cannot reach an agreement within 21 days, the parties agree to refer the dispute to a single arbitrator or mediator appointed by the Institute of Arbitrators & Mediators Australia (IAMA) in the Agent’s state, or by another dispute resolution process accepted by the parties. The arbitrator appointed by the IAMA shall be elected by the State Chapter of the state in which the Agent’s offices are located. Any fees payable to the arbitrator will be paid by the parties equally.
- If the parties have been unable to resolve their dispute through arbitration, either party may commence Court proceedings but not before the expiry of 28 days from the date of referral to the arbitration.
- A Client may vary the procedure set out in Clauses 15.1. to 15.5. above subject to the Client establishing that the Client is required to be outside Australia for a period of time so significant as to prejudice effective resolution of the dispute
- Relevant Law & Jurisdiction
- This agreement is bound by the laws of Queensland State.
- In the event of resolution of a dispute pursuant to Clause 15.5. above, the parties agree to submit to the jurisdiction of the courts of Queensland State.
- Agreement
- I have read and understood the terms of this agreement as set out below and I agree to be bound by this agreement. I hereby acknowledge and accept Fee Estimate and also agree to this Fee Estimate forming part of the Agreement for Services and Fees.
Annexure 3: "Statement of Ethics"
Having regard to my special position the reliance of my clients and the wider community on my specialist knowledge I hereby commit myself to the following ethical principles:
- I will be accountable to my clients and will carry out their lawful instructions to the best of my ability and skills; however, I will not act as a mere mouthpiece for my clients and will ensure my actions are always ethical;
- I will always show loyalty to my clients and will not betray them by acting against their interests;
- I will not allow my personal prejudices and feelings to influence my work and will refuse to assist a client if I feel unable to show them complete loyalty and carry out their instructions;
- I will always act with competence and diligence or not act at all;
- I will always act honestly and in a way that instills a sense of trust in my clients and all those, I deal with. I will always treat my clients fairly and ensure that they are comfortable and confident in their instructions;
- I will keep confidential all information provided to me by my clients and will always act with discretion in relation to their affairs;
- I will give my clients the benefit of everything I know that could assist them to achieve their objectives;
- I will take responsibility for all my actions and be accountable to my clients for everything I do;
- I will always respect the laws of the Commonwealth, State, and Territories, and ensure that my clients receive the full benefit of the law;
- I will be courteous and respectful in dealings with other practitioners, any governing body or authority;
- I will exhibit high personal moral and ethical standards and will take care to ensure my decision making is ethical.
Mr. OVCHARENKO Viktor
MARN 0964258
Post: 342 Riding Rd, Balmoral, QLD 4171, Australia
Email: immigration@reality-maker.com
