TERMS AND CONDITIONS
1.APPOINTMENT OF AGENT
The Client appoints the Agent to represent the Client and to perform the services described in this agreement.
2.CODE OF CONDUCT (THE CODE)
- The Code is intended to regulate the conduct of registered migration agents by introducing a proper standard for the conduct of business as a registered migration agent and establishes the minimum attributes and abilities that a person must demonstrate to perform as a registered migration agent.
- The Agent will provide a copy of the Code to the Client on request. It is also available at www.themara.com.au.
- If the Code (prescribed in Schedule 2 of the Migration Agent Regulations 1998) is amended in a way that is in-consistent with this agreement, the Agent and Client agree to vary this agreement to comply with the new Code.
- If the Code is inconsistent with the agent’s obligations as a legal practitioner or otherwise, or is inconsistent with the laws of the Country in which the Agent is operating, the Agent and the Client agree to vary this agreement to comply with the laws of that Country, to the extent of any inconsistency.
3.SERVICES TO BE PROVIDED
The services to be provided under this agreement will be as specifically instructed by the Client and confirmed in writing by the Agent, and may include any of the following:
- Provide advice relating to the Client’s migration goals and their choice of visa category.
- Provide frank and candid advice regarding the prospects of success (the Agent does not guarantee the success of any application.)
- Analyse current Immigration Law relating to the nominated visa category or review application.
- Assist in the completion and/or checking of relevant application forms.
- Provide advice and assistance relating to documentation required to support the application.
- Prepare any necessary supporting submissions to the relevant Assessing Authority, Department or review body
- Submit the application to the relevant Assessing Authority, Department or review body for processing as soon as possible.
- Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the Client.
- Wherever possible, assist the Client to comply with any request made by the Department or review body.
- Keep the Client fully informed of all developments concerning the progress of the application.
- Promptly advise the Client of any communications from the Department or review body.
- During the processing of the application, advise the Client of any changes to the law or Departmental policy requirements affecting the visa application.
- Advise the Client promptly of the outcome of the application.
- Provide post grant migration advice regarding visa conditions and requirements.
4.WHO WILL PERFORM THE WORK
All immigration assistance will be provided by: Greg Nicolson (Responsible Agent)
- The Responsible Agent and other migration agents in the same firm of the Responsible Agent may work on your matter from time to time.
- Administrative services may be provided by other staff. The Responsible Agent will properly supervise the work carried out by any staff working for the Agent.
5.THE AGENT CONFIRMS THAT HE OR SHE:
- Is registered with the Migration Agents Registration Authority.
- Maintains the required level of Professional Indemnity Insurance.
- Has no conflict of interest in terms of Part 2 of the Code.
- Will inform the Client in writing if the Agent may receive a financial benefit as a result of providing advice of a non-migration nature to the Client.
- Will act in accordance with the law and in the best interests of the Client.
- Will assist the Client to access an interpreter if necessary and instructed by the Client to do so.(The Client will be required to pay any fees charged by the interpreter.)
- Will, on request, provide the Client with a copy of their application and any related documents (The Agent is entitled to charge reasonable costs for copies.)
- Has sufficient knowledge of the relevant laws to be able to competently provide the agreed services.
- Will advise the Client in writing, if in the Agent’s opinion, the application is vexatious or grossly unfounded.
- Will, if providing translating or interpreting services, include the Agent’s name and registration number on a prominent part of the translated document.
- Will provide the Services (and any advice) to the Client based on the current visa categories and Australian migration legislation at the date of this agreement.
6.THE CLIENT AGREES THAT:
- The Agent is able to advise the Client about immigration law at a particular point in time but is unable to predict future changes in the law.
- The Client will respond promptly to requests by the Agent for further information or documents.
- The Client will not hold the Agent responsible for delays or liable for any losses, damages or costs caused by the Client’s failure to promptly provide information or documents to the Agent.
- The Agent will not submit the Client’s application to the Department or review body until payment has been made in full of all fees due and payable at that stage.
- The Agent has provided the Client with a copy of the booklet titled Information on the Regulation of the Migration Advice Profession.
- The final decision on an application submitted to the Department is outside of the Agent’s control. The Agent has not guaranteed the success of any application.
- The Agent will not be liable for any loss, damages or costs arising from changes to the law affecting the Client’s application, which occurs after the application has been lodged.
- The Client will not sell property, leave employment or finalise any business or personal affairs without first notifying the Agent in writing.
- All information provided to the Agent is, to the best of the Client’s knowledge and belief, true, correct and current and all documents supplied are genuine and authentic.
- The Client will, during the processing of an application, notify the Agent of any material changes in the circumstances of the Client or the Client’s immediate family.
- The Agent’s professional fees can be invoiced on behalf of the Agent by the Agent’s business entity, as listed on the MARA Register of Migration Agents.
- If the Agent has advised the Client in writing that in the Agent’s opinion, an application would be vexatious or grossly unfounded; the Client will provide written acknowledgement of the receipt of the advice, if not withstanding the advice, the Client still wants the Agent to lodge the application.
- Further to 6(b) above, if the Agent provides the Client with a written request for instructions on an issue and the Client does not provide the requested instructions in writing within six months of the Agent’s request, the Agent may (in his/her absolute discretion) terminate this agreement by notice in writing to the Client and keep any fees paid at the date of termination.
7.TERMINATION OF AGREEMENT
- The Client may terminate this agreement by notice in writing at any time.
- The Agent may terminate the agreement at any time, provided they provide reasonable written notice to the Client. This notice must comply with the requirements in Clause 10.1A of the Code. If the Agent terminates the agreement, they must comply with the requirements of Clause 10.1B of the Code.
- The Agent must terminate the agreement if a conflict of interest listed in Part 2 of the Code arises. In this case the Agent will notify the Department that they no longer act for the Client and will advise the Client about appointing another agent.
- If this agreement is terminated, the Client must pay any fees outstanding for work (and other charges and disbursements) already performed by the Agent. The Client is not required to pay any fees for work not yet performed by the Agent.
- When this agreement is terminated, the Agent must deal with the Client’s file in accordance with Part 10 of the Code.
- Unless otherwise agreed by Agent in writing, this agreement will automatically terminate twelve (12) months after the lodgement date of the Client’s application with the Department. After this date the Agent will not be responsible for any further issues regarding the Client’s application unless a new agreement is entered into by the Client.
8.RETENTION OF DOCUMENTS
- The Agent agrees to keep securely and in a way which will ensure confidentiality all documents provided by, or on behalf of, the Client or paid for by, or on behalf of, the Client until the earlier of:
(i) 7 years after the date of the last action on the file for the Client; or
(ii) when the documents are given to the Client or dealt with in accordance with the Client’s written instructions.
- The Agent agrees to keep all other records required by Clause 6.1 of the Code for 7 years after the date of the last action on the file for the Client.
- After this date the Agent may destroy the documents and records above in a way which will ensure confidentiality.
- The Agent will preserve the confidentiality of the Client. The Agent will not disclose or allow to be disclosed confidential information about the Client or the Client’s business without the Client’s written consent, unless required by law.
- If applicable, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act.
10.RESOLUTION OF DISPUTES
- If a dispute arises – out of or relating to this agreement, or the breach, termination, validity, or subject matter thereof, or as to any related claim in restitution or at law, in equity or pursuant to any statute – the parties agree to discuss the dispute with the aim of reaching an agreement that is acceptable to both sides. The 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 attempt to reach an agreement within 21 days of that request (or a longer period if agreed between the parties).
- If the parties cannot reach an agreement within 21 days, the parties agree to refer the dispute to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC, or by another dispute resolution process suggested by ACDC and accepted by the parties. Itis expected that any fees payable to ACDC or to the person appointed by ACDC will be paid by the parties equally.
- If the parties have been unable to resolve their dispute through ACDC, either party may commence Court proceedings but not before the expiry of 28 days from the date of referral to ACDC.
- A Client may vary the procedure set out in this clause if the Client can establish that the Department may require the Client to depart Australia.
- Interest on any overdue invoices for fees accrue daily from the date when payment becomes due, until the date of payment, at a twelve percent (12%) per calendar year and such interest shall compound daily at such a rate after as well as before any judgement.
- If the Client defaults in payment (including by way of dishonoured cheque) of any invoice when due, the Client must indemnify the Agent from and against all costs and disbursements incurred by the Agent (or the business) in pursuing the debt including legal costs on a solicitor and own client basis and the Agent’s debt recovery costs. “In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs”.
- Without prejudice to any other remedies the Agent (or the business) may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Agent may suspend or terminate this agreement for services and any of its other obligations under this agreement. The Agent will not be liable to the Client for any loss or damage the Client suffers because the Agent has exercised its rights under this clause.
- Without prejudice to the Agent’s other remedies at law the Agent is entitled to cancel all or any part of any work of the Client which remains unfulfilled and all amounts owing to the Agent for services rendered, whether or not due for payment, become immediately payable in the event that:
(i) any money payable to the Agent becomes overdue, or in the Agent’s opinion the Client will be unable to meet its payments as they fall due; or
(ii) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(iii) a trustee in bankruptcy, receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs.
- If any provision of this agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- This agreement and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the jurisdiction of the courts of Western Australia.
- The Agent and the business is under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach of this agreement by the Agent.
- In the event of any breach of this agreement by the Agent the remedies of the Client must be limited to damages which under no circumstances shall exceed the fee for the services rendered.
- The Client is not entitled to set off against or deduct from the fee any sums owed or claimed to be owed to the Client by the Agent.
- The failure by the Agent to enforce any provision of this agreement shall not be treated as a waiver of that provision nor shall it affect the Agent’s right to subsequently enforce that provision.