Terms & Conditions

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
1. 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 or
review application or other services described in this Agreement.
2. 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.
3. Services to be provided
The services to be provided under this service agreement may
include the following:
1. 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.
2. Assistance in the completion and/or checking of relevant forms
for making the visa or review migration application as the case may
be.
3. Advice and assistance in relation to the provision of personal and
official documentation required to support the application.
4. 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.
5. Submission of the application to the Department or review body
for processing.
6. 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.
7. Keeping the Applicant fully informed of all developments
concerning the progress of the application.
8. During the processing of the application, advising the Applicant
of any changes to the law or Departmental policy requirements
affecting the visa application.
9. 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.
10. 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:
1. 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.
2. 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.
3. the Agent has no known conflict of interest in terms of Part 2 of the Code of
Conduct.
4. 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
5. The Agent’s Conduct
The Agent agrees:
1. To provide courteous, attentive service to the Applicant.
2. To prepare the application in a comprehensive, timely, fair and ethical manner and
lodge it within reasonable time frames and in accordance with in writing to
the Applicant (refer clause 2.2 of the Code of Conduct).
5. the Agent maintains a separate Applicant account to hold monies received on trust
from the Applicant.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.
3. To give the Applicant clear explanations of their immigration status and visa
application processes available.
4. To provide frank and candid advice to the Applicant as to the prospects of success
of the application.
5. To assign competent and skilled staff to the task.
6. 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.
7. To provide clear advice on the progress and outcome of the Applicant’s visa
application.
8. 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.
9. To provide the Applicant with a copy of the Code of Conduct upon request.
10. To notify the Applicant in advance and obtain the Applicant’s written agreement to
any proposed change in the fees payable under this Agreement.
11. To provide the Applicant with a copy of the application on request.
12. 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.
6. Applicant’s Conduct
The Applicant agrees:
1. To respond in a timely way to requests by the Agent for further information or
documents.
2. To promptly make the payments required by this Agreement as and when they fall
due.
7. Applicant’s Acknowledgements
The Applicant acknowledges:
1. 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.
2. 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.
3. 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.
4. 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.
5. The Agent shall not be liable for any loss arising from retrospective changes in the
law affecting the Applicant’s application.
6. 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.
7. 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.
8. Applicant’s Warranties
The Applicant warrants to the Agent:
1. 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).
1. Refund Policy
1. 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.
2. First payment will not be refunded once checklist is given either by
email or by hand.
3. 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.
10. Other Terms and Conditions
This Agreement is subject to the following further terms and
conditions:
1. 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.
2. 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.]
3. 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.
4. 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:
1. the Agent will not incur any liability as a result.
2. the Agent will remove its name from the court record in any court proceedings.
3. The Applicant will receive a final account which will include all outstanding legal
costs.
4. The Applicant must pay the Agent’s legal costs up until the date when the Agent
ceased to act.
5. the Agent retains the right to keep the Applicant’s documents until the Agent is
paid.
5. 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.
6. 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:
1. 7 years after the date of the last action on the file for the Applicant; or
2. When the documents are given to the Applicant or dealt with in accordance with
the Applicant’s written instructions.
7. 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.
8. 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