AGREEMENT FOR IMMIGRATION SERVICES

AGREEMENT FOR IMMIGRATION SERVICES (PAID CONSULTATION)

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.

Code of Conduct

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).
Parties:
1. Agent(s)” details are set out in Annexure 1 attached to this Agreement.
2. “Client(s)” details are set out in "Signed by" section of this Agreement.
Fees & Charges
1. this is not fully or partially refundable service.
2. 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.
3. all amounts quoted are in Australian Dollars.
4. all amounts paid to the Agent(s) or Business may be subject to an additional transaction fee.
5. all fees must be paid upfront.
6. fees payable under this Agreement may be invoiced on behalf of the Agent(s) by the Business.
7. In the event that, after the payment of the fees set out in the Fee Estimate, the Agent becomes aware of information that is likely to adversely affect the Application, including but not limited to health issues, adverse character history or adverse immigration history (“Adverse Information”), additional fees may become due and payable to the Agent.
8. 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.
9. 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.
10. regardless of circumstances, you are not entitled to any bank interest accrued on the money in the Client Account
11. the Agent(s) will be under no obligation to submit the Client’s application to the Department or review/assessment body until payment in full has been made for all fees due and payable at that stage.
12. 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 (Adverse or Inexact Information) in the event that:

1. 1. those fees are not paid by you:
    1. within a reasonable period;
    2. or prior to the grant of your visa;
    3. or the Adverse or Inexact Information causes you to no longer be eligible to apply for a visa

Estimate of Time
1. the Estimated times are set out in Annexure 4, attached to this Agreement.
Services included in Agreement
1. the services are set out in the Fee Estimate associated with the corresponding listing of a particular service item (incorporated into the booking web-form) and are an integral part of this Agreement.
2. if the parties have agreed to any amendments to the services, these amendments must be set out in the Letter of Acceptance as a variation to the Agreement for Services and Fees and accepted by Client (by dating and signing the relevant variation agreement) before any additional services are commenced and fees incurred.
3. 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 https://www.reality-maker.com, https://www.reality-maker.com.au, https://www.reality-maker.ru website belong to their owners.
4. 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
1. the Client appoints the Agent for the provision of the Services outlined in Clause 3.1. above.
2. immigration assistance under this Agreement will be provided by the Agent(s) named at Clause 2.1. above.
3. 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
1. 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.
2. 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.
3. you can find appropriate legislation at the Department of Home Affairs web site. 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).
4. 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.
5. 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.
6. 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
1. The Agent(s) must:
  1. remain abreast of current immigration law for the duration of this agreement;
  2. 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
2. The Agent will not be liable:
  1. for any liabilities, expenses, damages, and costs arising from changes to immigration law or other relevant law and policy.
  2. 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.
  3. 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;
  4. 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.
  5. for any liabilities, expenses, damages, and costs arising from mistakes made by the third parties.
Client’s Duties & Obligations
1. The Client accepts and understands that:
  1. the Agent cannot guarantee the success of the Services outlined in Clause 3.;
  2. all estimates provided at Clause 4. above are subject to the provision of accurate, sufficient and/or relevant information and documentation by the Client to the Agent(s);
  3. the Client's dealings with a governing body or authority participating in the immigration process are beyond the control of the Agent;
  4. failure by the Client to provide requested information and documentation is likely to result in refusal of the Application;
  5. provision of false information or documents is likely to result in refusal of the Application, is contrary to Australian laws and may result in criminal prosecution;
  6. failure by the Client to make prompt payments to a governing body or authority may result in refusal of the Application;
  7. changes to the law may cause the Client's dealings with a governing body or authority participating in the immigration process to be:
    1. refused;
    2. invalid;
    3. ineligible for lodgement; and/or
    4. returned to the Client without consideration.
2. The Client agrees and warrants that:
  1. respond within 7 days to requests by the Agent to provide further information or documentation;
  2. within 7 days notify the Agent of any material changes in circumstances, including but not limited to the circumstances of the Client or any other person associated with the Application; and
  3. 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
  4. all documentation provided to the Agent under this agreement will, to the best of the Client’s knowledge, be genuine and authentic; and
  5. the Client will be courteous and respectful in dealings with the Agent
  6. 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
1. 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 thereby 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.
2. we are and shall be under no obligation
  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments.
3. 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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
4. 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.
5. you further agree that your comments will not contain libellous 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.
6. 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.
7. you are solely responsible for any comments you make and their accuracy.
8. 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
1. the Client may terminate this agreement at any time within 7 days' notice.
2. in the event that the Client breaches this agreement, the Agent has the right to terminate the contract:
  1. if such breach is not remedied within 7 days notice, upon the expiry of the notice period; or
  2. 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.
3. the Agent may terminate this agreement without cause upon the expiry of 7 days' notice.
4. the Agent may terminate this agreement immediately in the event that the Client breached Clause 9.2 of the Agreement.
5. 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.
6. 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.
7. 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
1. both parties must maintain the confidentiality of all information under this Agreement, except as modified by this section.
2. the Agent must not disclose confidential information regarding the Client without the prior written consent of the Client unless otherwise required by law.
3. where necessary, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act 1988 (Cth).
4. 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:
  1. to establish a claim or defense on behalf of the Agent in a dispute between the Agent and the Client;
  2. 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;
  3. to respond to allegations in any proceeding, including any disciplinary matter, concerning the Agent’s representation of the Client.
5. the Agent shall where possible, advise the Client of potential disclosure pursuant to Clause 10.4. above.
Retention of Files
1. the Agent must maintain the Application and the Client’s documentation and information in a secure and confidential manner until the earlier of:
  1. 7 years after the date of the last action;
  2. provision of copies of any documentation, and information to the Client; or
  3. dealing with the documentation, and information in accordance with the Client’s written instructions.
2. 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
1. 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
1. 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:
  1. this Agreement;
  2. any related claim in restitution or at law, in equity or pursuant to any statute;
2. in the event that an agreement is reached in accordance with Clause 13.1. above, such agreement will be documented in writing, dated, and signed by both the Agent and the Client.
3. if one party requests an opportunity to discuss the dispute, the parties should make best efforts to reach an agreement within 21 days of that request, unless a longer period is agreed between the parties.
4. 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.
5. 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.
6. a Client may vary the procedure set out in Clauses 13.1. to 13.5. 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
1. this agreement is bound by the laws of Queensland State.
2. in the event of resolution of a dispute pursuant to Clause 13.5. above, the parties agree to submit to the jurisdiction of the courts of Queensland State.
Agreement
1. 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.

Annexure 4: “Estimate of Time”

The estimated times below are subject to the provision of all requested documentation and information by the Client to the Agent within a reasonable time.

The Agent estimates that the visa application may be lodged within approximately 2 weeks after and only when all documents required for the visa application are ready and available to the Agent.

Once the application is lodged, the time-frames for your visa application to be decided is dependent upon departmental processing time service standards for your visa matter. Departmental processing time-frames are suggestive only and actual times may vary depending upon many factors including the complexity of a case, whether or not a front-loaded application has been lodged, the risk factors the Department assigns to a case, the number of visa applications in particular visa subclass pooled ahead of your application (by date of lodgement) and Ministerial processing priorities. All of these factors can change from time to time and can mean either faster or slower processing time-frames as those currently listed. Should your matter exceed processing standards, at any time, the Agent will contact the Department in order to bring your matter to its attention to facilitate processing.

Annexure 1: “Agent(s) Details”

Mr. OVCHARENKO Viktor
MARN 0964258
Post: 342 Riding Rd, Balmoral, QLD 4171, Australia
Email: immigration@reality-maker.com

Annexure 2: “Client(s) Details”

Leave this empty:

Your legal name

Your email address

Signed by Viktor Ovcharenko
Signed On: 9 November, 2023

Timestamp

Audit

6 January, 2017 04:12 AEST

AGREEMENT FOR IMMIGRATION SERVICES (PAID CONSULTATION) Uploaded by Viktor Ovcharenko - immigration@reality-maker.com IP 37.212.34.76

Reality Maker PTY. LTD. ATF RM

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Reality-Maker Pty Ltd ATF RM Trust provides professional Australian Registered Immigration Agent services i.e. professional immigration&citizenship advice and visa&citizenship professional services for persons applying for visas to Australia and the Australian citizenship and advice on general circumstances surround immigration status, including downloadable materials as a variety of assistance.

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All personal information collected is kept under strict confidence in accordance with the Migration Agents code of conduct. This Code can be found online.

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This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website https://reality-maker.com, https://reality-maker.com.au, https://reality-maker.com, from media and publications, from other publicly available sources, from cookies- and from third parties. We don’t guarantee website links or policies of authorized third parties.

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We may use your email address to provide your consultation advice.

You need to keep your email address current.

You may update your email address to our email address, quoting your Full Name and Reference Number. If you do not provide us with a correct email address, you may not receive important information regarding your matter. We may use your email as a reference number to protect any information relevant to the service we are providing to you.

Your email address will not be shared with any organization external to us. It is our policy not to sell, trade, or rent your personal information to any third party.

It is our policy to only email marketing material to customers who give us permission to do so. By agreeing to these Terms and Conditions you give us this permission. If we send you an email other than an email containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of this nature. This will allow you to opt-out of receiving emails containing marketing material at any time you wish.

Your mobile phone number

We may use your Mobile Phone number and any other instant messaging services associated with it to send any information relevant to the service we are providing to you.

We may use your Mobile Phone number and any other instant messaging services associated with it as a reference number to protect any information relevant to the service we are providing to you.

You need to keep your Mobile Phone number current. You may update your Mobile Phone number by contacting us via e-mail

Please contact Reality-Maker Pty Ltd ATF RM Trust if:

Your mobile phone has been lost or stolen;
Your mobile phone is not operational;

Any associated with your mobile phone instant messaging services you use to communicate with us is not in use.

We recommend that you nominate a Mobile Phone that is used by you exclusively. If the Mobile Phone is also used by other people, they may receive, or be able to access messages intended for you as part of the services provided by us.

Your Mobile Phone number or any other instant messaging services associated with it will not be shared with any organization external to us. It is our policy not to sell, trade, or rent your personal information to any third party.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

Third parties where you consent to the use or disclosure; and
Where required or authorized by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Reality-Maker will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

PO Box

GDPR Compliance – Reality-Maker

This privacy policy will explain how our organization uses the personal data we collect from you when you use our website https://reality-maker.com, https://reality-maker.com.au, https://reality-maker.com

What data do we collect?

Our Company collects the following data:

Personal identification information (Name, email address, phone number, etc.)
Educational and employment details. Family composition and visa specific details to assess your eligibility.

How do we collect your data?

You directly provide Our Company with most of the data we collect. We collect data and process data when you:

Register online or place an order for any of our products or services.
Voluntarily complete a questionnaire or provide feedback on any of our message boards or via email.
Use or view our website via your browser’s cookies.

Our Company may also receive your data indirectly from the following sources:

Collect chat
Acuity Scheduling

How will we use your data?

Our Company collects your data so that we can:

Determine your eligibility and assist with your application and manage your account.
Email you with immigration updates products and services we think you might like.

If you agree, Our Company will share your data with our partner companies so that they may offer you their products and services.

When Our Company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

How do we store your data?

Our Company will keep your personal data for 7 years. Once this time period has expired, we will delete your data automatically.

Marketing

Our Company would like to send you information about products and services of ours that we think you might like.

If you have agreed to receive marketing, you may always opt-out at a later date.

You have the right at any time to stop Our Company from contacting you for marketing purposes.

If you no longer wish to be contacted for marketing purposes, please send email.

What are your data protection rights?

Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access– You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification– You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete the information you believe is incomplete.
The right to erasure– You have the right to request that Our Company erase your personal data, under certain conditions.
The right to restrict processing– You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
The right to object to processing– You have the right to object to Our Company’s processing of your personal data, under certain conditions.
The right to data portability– You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email.

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology

For further information, visit allaboutcookies.org

How do we use cookies?

Our Company uses cookies in a range of ways to improve your experience on our website, including:

Keeping you signed in
Understanding how you use our website

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

Functionality – Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and the location you are in. A mix of first-party and third-party cookies are used.
Advertising – Our Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed, and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites

Our Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy

Our Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 29 June 2020.

How to contact us

If you have any questions about Our Company’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us: