SERVICE AGREEMENT
This representation agreement and disclosure statement is provided in accordance with the requirements of Regulation 8 & Schedule 2 of the Migration Agents Regulations 1998 which establishes the Migration Agents Code of Conduct (the Code of Conduct).
RECITALS
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).
‘the Company’ implies Auzworld Migration Pty Ltd, registered in New South Wales, Australia.
TERMS AND CONDITIONS
- Appointment of the Agent
- 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 orreview application or other services described in this Agreement.
- Acknowledgement
- The Applicant acknowledges that:
1. the Agent is not a legal practitioner as a solicitor or lawyer
2. 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.
3. 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.
4. 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 Applicant acknowledges that:
- Services to be provided
The services to be provided under this service agreement may include the following:- 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.
- Assistance in the completion and/or checking of relevant forms for making the visa or review migration application as the case may be.
- Advice and assistance in relation to the provision of personal and official documentation required to support the application.
- 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.
- Submission of the application to the Department or review body for processing.
- 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.
- Keeping the Applicant fully informed of all developments concerning the progress of the application.
- During the processing of the application, advising the Applicant of any changes to the law or Departmental policy requirements affecting the visa application.
- 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.
- Advising the Applicant promptly of the outcome of the application as soon as a decision is made.
- 4. Agent’s Warranties
The Agent warrants to the Applicant that:- 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.
- 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.
- the Agent has no known conflict of interest in terms of Part 2 of the Code of Conduct.
- 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).
- the Agent maintains a separate Applicant account to hold monies received on trust from the Applicant.
- 5. The Agent’s Conduct
The Agent agrees:- To provide courteous, attentive service to the Applicant.
- 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.
- To give the Applicant clear explanations of their immigration status and visa application processes available.
- To provide frank and candid advice to the Applicant as to the prospects of success of the application.
- To assign competent and skilled staff to the task.
- 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.
- To provide clear advice on the progress and outcome of the Applicant’s visa application.
- 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.
- To provide the Applicant with a copy of the Code of Conduct upon request.
- To notify the Applicant in advance and obtain the Applicant’s written agreement to any proposed change in the fees payable under this Agreement.
- To provide the Applicant with a copy of the application on request.
- 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.
- Applicant’s Conduct
The Applicant agrees:- To respond in a timely way to requests by the Agent for further information or documents.
- To promptly make the payments required by this Agreement as and when they fall due.
- Applicant’s Acknowledgements
The Applicant acknowledges:- 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.
- 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.
- 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.
- 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.
- The Agent shall not be liable for any loss arising from retrospective changes in the law affecting the Applicant’s application.
- 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.
- 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.
- Applicant’s Warranties
The Applicant warrants to the Agent:- 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.
- 9. Service Fees and Payment Terms
The fee structure and due dates would be as per the Fees Schedule (see attachment).- 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.
- First payment will not be refunded once checklist is given 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.
- Other Terms and Conditions
This Agreement is subject to the following further terms and conditions:- 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.
- Goods & Services TaxWhere 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.]
- InvoicingThe 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.
- DisbursementsThe 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.
Termination of Agreement/EngagementThis 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.
- ConfidentialityThe 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.
- Retention of documentsThe 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.
- 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.
- Acceptance of Terms, Conditions and CostsIf 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
Privacy Policy
Introduction
We are Auzworld Migration Pty Ltd (“Auzworld Migration”, “us”, “we”, or “our”).
This Privacy Policy, together with our website Terms of Use or any other agreement we have with you, explains how we collect, use and disclose your personal information.
Changes to our Privacy Policy
We may make changes to this Privacy Policy from time to time. Any changes we make will be posted on this website or, where we consider it appropriate, we will communicate the changes to you by email or other means.
The version of this Privacy Policy is current as at the date set out above.
All communications, transactions and dealings with us will be subject to the latest version of this Privacy Policy in force at the time.
What is personal information?
‘Personal information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or Personal information also includes ‘sensitive information’, which is
- information or an opinion about an individual’s:
- racial or ethnic origin; or
- political opinions; or
- membership of a political association; or
- religious beliefs or affiliations; or
- philosophical beliefs; or
- membership of a professional or trade association; or
- membership of a trade union; or
- sexual orientation or practices; or
- criminal record
that is also personal information; or
- health information about an individual; or
- genetic information about an individual that is not otherwise health information; or
- biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
- biometric templates.
What personal information do we collect?
We may collect the following types of personal information:
- identifying information such as your name, gender, date of birth or age;
- contact information such as your mailing or street address, billing address, email address, or telephone number;
- information about your profession, occupation, employer or job title;
- purchase and transaction information, including details about payments to and from you and other details of services you have purchased from This information may include bank account and credit card details;
- information about how you use our services;
- records of our interactions and correspondence with you whether by submitting of a web form, telephone, email, text message, social media or otherwise;
- customer service information, including your customer service enquiries and comments.
- Government related identifier or information including Medicare number, drivers licence, passport details, and pension card number; and
- information relating to your use of our websites or your interaction with our online presences, such as pages you visit, language preferences, webpage interactions and searches you make and information that is automatically collected from your device, including IP address, device type, operating system, unique device identification numbers, browser-type, high level geographic location (e.g. country or city-level location) and other technical information.
If you apply for a job with us or if you are a contractor, we may also collect information about your:
- job application;
- professional development history;
- salary and payment information, including superannuation details;
- health information (e.g. details of disabilities and/or allergies, medical certificates);
- education and qualifications; and
- results of reference, working with children and criminal background checks
If you have or use one of our work email addresses, work computers or work devices, we may also hold and have access to your work emails which may include your private emails and Internet browsing history.
CCTV cameras are installed in and around our premises and will record your image. If you do not wish to be recorded, please do not attend our premises.
We may also record telephone conversations for quality, compliance and training purposes. If we do, we will inform you before recording.
How do we collect your personal information?
We collect information in various ways including through the forms you complete online, in person or at our premises, or when you correspond with us by post, telephone, email or otherwise. This includes information you provide when you:
- visit, access or use our websites and social media pages or click on, view or interact with online advertisements;
- correspond with us or submit a query or request to us;
- complete an application form or purchase order;
- use, or request to use, our services;
- enquire about or supports, services and/or products;
- create an account with us;
- subscribe to our newsletter;
- request marketing information including in relation to our products and services to be sent to you, or when you respond to marketing information;
- make a payment to us; and
- give us feedback.
We may also collect personal information from third parties including from:
- your carer, responsible person, guardian or authorized representative;
- Commonwealth, state or territory government or non-government agencies;
- law enforcement agencies;
- medical and/or health professionals who have either worked with you or are currently working with you;
- other sources like marketing lists, public information, credit lists and other commercially available information;
- our related entities and business partners and service providers; and
- CCTV at our premises.
What happens if we can’t collect your personal information?
You may always choose not to provide us with the personal information we request. Where practicable, we may provide you with the option to use a pseudonym when dealing with us in certain ways.
However, if you do not provide us with the personal information we ask for, some or all of the following may happen:
- we may not be able to provide the requested services to you;
- we may not be able to provide you with information about the services that you want;
- we may not be able to engage you as our employee, contractor or volunteer; and
- we may not be able to respond to your request or
For what purposes do we collect, hold, use and disclose your personal information?
We collect, hold, use and disclose your personal information so that we can provide our services to you, or the person in your care, and perform our business activities and functions. This includes:
- keeping our records and your contact details up to date;
- complying with any law or a court/tribunal order, or co-operating with a regulator, authority or government department;
- providing you with information and updates about our services;
- assessing your eligibility (or eligibility of a person in your care) for our services;
- registering you as a recipient of our services or as an authorised representative of a recipient of our services;
- providing our services to you or the person in your care, or information about our services, including health services, considering your eligibility for our services or otherwise fulfilling our obligations arising from any contracts entered into between you and us;
- processing, managing and delivering our This includes processing any subsidies, rebates, benefits, entitlements or insurance claims in relation to the services we provide to you;
- managing our relationship with you, including dealing with any complaints or credit or debt issues;
- notifying you about changes to our Terms of Use or Privacy Policy;
- administering and protecting our organization and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, hosting of data, and network, security and fraud protection activities);
- improving our website, products or services, marketing, client relationships and experiences including through analysis and business intelligence techniques;
- researching, monitoring and evaluating our services so we can continue to improve the quality and outcomes of our services as well as develop new services;
- advocating for the improvement of service quality and We do this using de-identified personal information. Where our advocacy involves using your personal information which has not been de-identified, we will always seek your consent prior to sharing this personal information.
- meeting our funding, professional, legal and compliance obligations (including our duty of care) in providing you with our services and operating our organization;
- ensuring the safety and security of our employees and other clients;
- sending you newsletters, information and updates about services of SkillsNest, or making suggestions and recommendations to you about our and third-party goods, services, events and offers that may be of interest to you, unless you have unsubscribed from these types of messages; and
- any other purposes which you were informed of at the time of collection or to which you have consented.
If you are a job applicant, volunteer or contractor, we also collect, hold, use and disclose your personal information to consider your application, perform checks including reference checks, working with children checks, and criminal record checks, establish and maintain our relationship with you and to fulfill our duties under this relationship.
To whom may we disclose your personal information?
We may disclose your personal information to third parties including to:
- third parties such as suppliers, agents, contractors and partners who assist us with our business processes and to provide our products and services including in relation to:
- IT services;
- providing, managing, supporting and improving our website, products, services and organization;
- identity and fraud protection services;
- marketing (including direct marketing) and market research services; and
- business analysis and business intelligence services,
- other persons authorized by you or responsible for you (such as your employer, carer, responsible person or guardian);
- regulators, law enforcement and credit and debt collection services;
- Commonwealth, state or territory government and non-government agencies;
- professional advisers (including lawyers, bankers, auditors, audit assessors and insurers who provide consultancy, banking, legal, insurance or accounting services);
- third parties, including authorities, where we are legally obliged or authorized to disclose your personal information; and
- healthcare providers such as medical practitioners and allied health professionals involved in providing the services or other care to you, or the person in your care, or where we refer you to these healthcare providers.
Do we send you direct marketing materials?
We may send you direct marketing communications and information about our services that we consider may be of interest to you. These communications may be sent in various forms, including mail, text message and email.
You can opt-out of receiving these marketing communications from us at any time by contacting us at admin@auzworldlawyers.com.au or by using opt-out facilities provided in the marketing communications.
How can you access and correct your personal information?
You may request access to your personal information held by us.
If you believe that the personal information we hold about you is incorrect, incomplete, out- dated or inaccurate, then you may request us to correct it.
You may also authorize another person to request to access or correct your information on your behalf if, for whatever reason, you are unable to yourself. This authority must be in writing and a copy must be provided to us. The authority must name the person whom you authorize to access your information.
Please make any request to access or correct information to our Privacy Officer in writing at:
Auzworld Migration & Lawyers
Suite 37, Level 1, Daher Centre, 163–171 Hawkesbury Road, Westmead NSW 2145, Australia
Phone: 1300 289 953 | 02 9635 4744 |
Email: admin@auzworldlawyers.com.au
Website: https://www.auzworldlawyers.com.au
We aim to respond to requests within a reasonable period, usually within 30 days after we receive the request.
Occasionally it may take us longer if your request is particularly complex or you have made several requests. We will let you know and keep you updated if we cannot respond in 30 days.
What is the process for making a complaint about privacy?
If you have any questions, concerns or a complaint regarding privacy, please contact our Privacy Officer at:
Auzworld Migration & Lawyers
Suite 37, Level 1, Daher Centre, 163–171 Hawkesbury Road, Westmead NSW 2145, Australia
Phone: 1300 289 953 | 02 9635 4744 |
Email: admin@auzworldlawyers.com.au
Website: https://www.auzworldlawyers.com.au
If we fail to respond to your complaint within a reasonable time or if you are dissatisfied with the response that you receive from us, you are entitled to reach out to one of our Principals.
Do we disclose your personal information to anyone outside Australia?
We may disclose your personal information to our third party service providers, some of whom are located overseas (such as in the United States).
How do we protect and store your personal information?
We have security measures in place that aim to protect your personal information from misuse, interference, loss and unauthorized access, modification or disclosure.
We are headquartered in New South Wales and provide services around Australia. As a result, we may transfer and hold your personal information outside your state or territory of residence.
How long do we keep your personal information?
Subject to our retention requirements for health information outlined below, we will keep personal information for as long as it is needed as set out in this Privacy Policy, or as otherwise required to be retained under law or by a court or tribunal.
In accordance with state-based health information protection laws, we are required to retain your health information for prescribed periods.
What cookies and other online tracking technologies do we use?
We may collect your personal information through the use of cookies. When you access our websites, we may send a ‘cookie’ (which is a small file containing a unique ID number) to your computer.
We use cookies to recognize you, to learn which of our services you are interested in, to measure website traffic and usage patterns, and to improve our website and services.
We may record IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer our websites, and collect demographic information.
If you do not wish to receive cookies, you may be able to change the settings in your browser so that your computer does not accept them.
Some of our cookies are provided by third parties in accordance with their own privacy policies. The information these third parties collect may be transferred to, and stored at, a location outside your state of residence or Australia.
By accepting cookies, you agree to this transfer, storing or processing of your Personal Information.
Third party links
Our website may include links to other websites or applications provided by others, including those acting on our behalf.
Clicking on those links or enabling those connections may allow third parties to collect or share data about you in accordance with their own privacy policies.
You acknowledge that we do not control third party websites and we are not responsible for their privacy practices or policies. You should review the privacy policy of any third party and any applicable terms of use when you use their websites and applications.
