Terms and Conditions

IMMICO CONSULTANCY Terms and Conditions of Service

DEFINITIONS

These terms and conditions govern your relationship with us, and apply when we enter into an agreement to provide migration services to you.

In this document: ‘we’, ‘our’ and ‘us’ means IMMICO CONSULTANCY PTY LTD and/or the Registered Migration Agent(s) listed on page 1 of the agreement; whilst ‘you’ and ‘your’ means the client(s) to whom we have agreed to provide migration services, as listed on page 1 of the agreement.

‘The agreement’ means the document that details the migration services that we will provide to you, which both parties are to read, acknowledge and sign.

‘The application’ means the application covered by the agreement.

‘The relevant authority’ means the authority to which the application is to be submitted for assessment. For sponsorship, nomination and visa applications, this will be the DOHA (see below); for skills assessment applications, this will be the relevant skills assessing authority; for State or Territory nomination applications, this will be the relevant State or Territory government agency; for regional certification applications, this will be the relevant Regional Certifying Body.

‘DOHA’ means the The Department of Home Affairs.

Please read the following terms and conditions carefully before using our services.

By paying the invoice and using our services, you have read, understood and accepted these terms and conditions.

• No Guarantee of Visa/Application Approval: We provide Australian visa assistance services to help individuals prepare and submit their visa applications. However, we do not guarantee the approval of any visa application. Visa approval is solely at the discretion of the relevant immigration authorities, and we have no control over their decision-making process.
  
• Visa/Application Eligibility: It is the responsibility of the applicant to ensure that they meet all the eligibility requirements for the visa they are applying for. We will provide guidance and information on the requirements to the best of our knowledge, but the final determination of eligibility lies with the immigration authorities.
  
• Accurate Information: You are responsible for providing accurate and complete information during the visa application process. Any false or misleading information provided by the applicant may lead to the rejection of the visa application.
  
• Confidentiality: All forms and contracts are confidential, implies that any forms or contracts handled by ImmiCo Consultancy are considered sensitive and private. This confidentiality commitment signifies that the organization recognizes the importance of safeguarding the information contained in these documents. Clients, employees, or any relevant parties involved can reasonably expect that their personal and business information will be kept secure. We also assert the prerogative to manage and, if necessary, circulate these documents when they are in line with our business operations or legal obligations. This balance ensures that ImmiCo Consultancy complies with privacy laws and regulations while still being able to carry out its services effectively.
  
• Application Processing Times: We will make every effort to assist you in a timely manner. However, visa processing times are determined by the immigration authorities and may vary. We cannot be held responsible for delays in the visa application process. The standard processing timeframe once the requirements are complete is a minimum of four weeks. Your application will take longer to process if: you do not complete the application form correctly, you do not include all the documents we request from you in the checklist, we experience a high volume of new applications.
  
• Communication: The standard and official communication will be made through the following channels below. The standard timeframe for response is within 24 to 48 hours unless we have a high volume of inquiries. Kindly reach out to us through our official email channels rather than using social media for communication. Immico Consultancy Business Emails: info@immicoconsultancy.com, admin@immicoconsultancy.com, kaila.cruz@immicoconsultancy.com, Online Video Call platform: Immico.Setmore.com, ImmiCo Whatsapp
  
• Fees and Charges: Our services are subject to fees, which will be clearly communicated to you before the commencement of our assistance. Our fees do not include the medical, biometrics, police clearance and other external processing fees to obtain requirements. Please check the respective websites for their fees as this may change without prior notice. Additional service fee and visa fees will apply if the visa application has been refused and you would like to submit a new application. Additional fees for GTE Statement, S56 Request for Additional Information, S57 Request for Additional Information, and other processes not outlined in the scope of work, will have a corresponding fee based on the forecasted number of hours to be starting from AUD 300.
  
• Refunds: We do not offer refunds for our services regardless of the outcome of the visa application. Our fees are for the provision of our services, and our assistance does not guarantee the visa/application approval. The Refund policy for the ImmiCo Consultancy Professional Fee will be following the ACCC and Fair Trading. We may not be able to proceed with a refund due to a change of mind. On determining your eligibility for a refund, we will compute the amount of work rendered at the rate plus an administration fee of $300 is applied on refund requests. If your refund request has been approved, this will be paid on an installment basis within 120 days, which will be calculated by the finance department. An official request must be submitted using this link: https://form.jotform.com/immicoconsultancy/refund-request-form.
  
  Computation of Block of Work on the Service Fee
  Your quotation and invoice represent an approximate calculation of the work involved, associated fees, and charges, based on the block of work outlined below. Rather than charging billable hours, we package the fees based on the forecasted value in time and resources spent for your application. However, on the computation of the refund, we will charge against the block of work rendered as per table below. An official computation of the refund will be issued to you within 7-14 days upon receipt of the official refund request. In some cases, we may consider a credit transfer to another service based on the remaining fees.
• Consultation and planning - $500.00
• Document Checklist and requirements - $1,000.00
• Assistance in gathering, reviewing, analysing the documents to strengthen the application. - $1,500.00
• 30-minute guided meeting with a consultant - $500.00
• Access to ImmiCo Online Portal and Questionnaire - $1,000.00
• Visa Submission, monitoring, and outcome notification - $1,000.00
• Enquiries from the start of the application until the outcome notification. - $3,000.00
• Updates on the ImmiAccount such as changes in circumstances like passport change, address change that occurs before the decision outcome.
  $1,000.00
  
• Confidentiality: We will treat all information provided by you during the visa application process as confidential. However, we may be required to share information with relevant authorities or third parties as necessary to complete the application process. We reserve the right to terminate the contract if you import your application.
  
• Defamation: ImmiCo Consultancy reserves the right to take legal action against any individual or entity found to be engaging in defamation against ImmiCo Consultancy or any associated parties and employees. Legal action may include seeking damages, injunctive relief, and any other remedies available under applicable laws. ImmiCo Consultancy prohibits anyone from making, publishing, or disseminating any false, misleading, or defamatory statements or content that may harm the reputation of the company and employees. If either Party breaches this defamation clause and legal action is pursued, the breaching Party agrees to indemnify the other Party for any reasonable legal costs, including legal fees and expenses, incurred in defending against the defamation claim. a "defamatory statement" is defined in accordance with the laws of defamation in Australia, and includes any statement, publication, or communication that could harm a person's reputation by exposing them to hatred, ridicule, or contempt.
  
• Changes to Terms and Conditions: We reserve the right to update or modify these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically.
  
• Liability: The Agency is not liable for any losses, damages, or consequences arising from the decisions of immigration authorities, including visa denials or delays.
  
• Dispute Resolution: In the event that a dispute arises related to the terms of this defamation clause or any alleged defamation, the Parties agree to resolve the dispute through negotiation, mediation, or arbitration, in accordance with the laws of Australia.
  
• Governing Law: These terms and conditions are governed by and construed in accordance with the relevant laws including ACCC and Fair Trading. Any disputes arising from the use of our services shall be subject to the exclusive jurisdiction.
  

1. Code of Conduct
   We undertake to adhere to the Code of Conduct for registered migration agents (‘the Code’), which is prescribed in Schedule 2 of the Migration Agent Regulations 1998.
   The Code regulates the conduct of registered migration agents (‘RMAs’), and establishes the minimum attributes and abilities that a RMA must demonstrate.
   We will provide a copy of the Code to you upon request. The Code is also available online at www.mara.gov.au.
   If the Code is amended in a way that is inconsistent with this agreement, both parties agree to vary this agreement to comply with the new Code.
   If the Code is inconsistent with our obligations as a RMA or otherwise, or with the laws of the country in which we are operating, both parties agree to vary this agreement to comply with the laws of that country, to the extent of any inconsistency.
   
2. Our Obligations
   As your migration agents, we will:
   Act lawfully, honestly and fairly in your best interests;
   Avoid conflicts of interest, and disclose any personal or professional interests or commissions;
   Follow any lawful instruction you give us that is consistent with the agreement(including these terms and conditions) and is within the scope of the agreed services.
   
3. Your Obligations
   As our client(s), you will:
   Give us full and clear instructions;
   Be honest and lawful in your dealings with us (it is an offence to provide false or misleading information, a bogus document or inaccurate personal identity information to a relevant authority);
   Treat us with respect and trust;
   Provide documents and information within the timeframes specified in our communications with you (work on the application cannot commence until your Client Questionnaire has been completed in full, and all other required documents and information have been provided to us);
   Ensure that any documents you provide are in the format set out in our communications (for instance, original documents, certified copies and/or scanned full-colour copies in PDF);
   Understand the fees and costs associated with the application, and pay these as required under the agreement;
   Ask us questions should you not understand what is required;
   Keep us informed of any change in your address or contact details, or any other change; in your circumstances (we will determine if the change is material to the application)
   Make appointments to see your migration agent, so that we can devote sufficient time to the application and prepare any documents for you as appropriate.
   
4. Matters Impacting on Our Service
   We are able to advise you about immigration law at a particular point in time, but are unable to predict subsequent changes in the law that may affect the application.
   We do not guarantee the success of the application, or that the application will be decided within a given period of time.
   We are under no obligation to provide any refund should the application be refused for reasons outside our control.
   We are under no obligation to lodge the application with the relevant authority until payment has been made in full of all fees due and payable at that stage (see section B of the agreement).
   We have provided you with a copy of the information pamphlet regarding the migration agent profession, the Consumer Guide.
   If we advise you in writing that, in our opinion, the application would be vexatious or grossly unfounded, you will provide written acknowledgement of the receipt of this advice if, notwithstanding the advice, you still want us to lodge the application.
   You bear the risk that changes in immigration law may cause the application to be refused or take longer to be processed. We are not liable for any loss that arises from changes to the law that affect the application.
   You will respond promptly to our requests for information or documents.
   You will not hold us responsible for delays caused by your failure to promptly provide information or documents, and you are aware that failing to provide documents as required is likely to lead to the application being refused.
   All information provided to us is, to the best of your knowledge and belief, true and current, and all documents supplied are genuine and authentic.
   You are aware that providing false information or documents is likely to lead to the application being refused, and that you may be sanctioned by the relevant authority as a result.
   You will respond promptly to our requests for payment of professional fees and other costs, including any fees payable to the relevant authority (see section B of the agreement.).
   You are aware that failing to promptly make the payments required by the relevant authority may lead to the application being refused.
   You will, during the processing of the application, promptly notify us of any material changes in your circumstances, or the circumstances of any other person/entity that may be involved in the application. Should your contact details change, you will advise us of this change within two weeks.
   You will not sell property, leave employment or finalise any business or personal affairs or take similar steps in anticipation of obtaining a visa without notifying us first.
   If the application is for an employer-sponsored visa, you will take no other employment apart from the sponsored employment.
   We are the sole contact with the relevant authority, and you will direct all communications to that authority through our office.
   You will not contact the relevant authority without our consent. If you breach this clause, we have the right to terminate the agreement, or to charge additional fees relevant of effort/service plus GST per hour for any further services required as a result of this breach.
   You will immediately notify us if you are contacted directly by the relevant authority in relation to the application or any other matter.
   If you make any payment via credit card, a merchant transfer fee may be imposed and disclosed on the invoice (see section B of the agreement).
   
5. Termination
   Either party may terminate this agreement at any time by giving reasonable written notice to the other party. In the event that we terminate the agreement, we must comply with the requirements of Clauses 10.1A and 10.1B of the Code.
   We must terminate the agreement if a conflict of interest listed in Part 2 of the Code arises that is not declared in clause 12 of this document. In the event that such a conflict occurs, we will notify the relevant authority that we no longer act for you, and will advise you about appointing another agent.
   If the agreement is terminated, you must pay any fees, charges and costs outstanding, as detailed in the subparagraphs below, for work that we have already performed. In this event, the following rules will apply:
   - The professional fees payable by you will be calculated based on the percentage of work undertaken by us as of the date of the agreement’s termination, as itemised in section B of the agreement. For example, if 50% of the required work has been performed as of the date of termination, then 50% of the total professional fees itemised in the agreement is payable to us;
   - You must also reimburse us for any charges or costs incurred on your behalf as of the date of termination;
   We will provide you with a final invoice itemising the services we have performed and the resultant fees, charges and costs payable by you following the agreement’s termination;
   - You will not be required to pay any fees for work that we have not yet performed;
   - If applicable, any excess funds held in your client account will be itemised on your final invoice, and will be refunded to your nominated account.
   - If the agreement is terminated, you must sign any forms required to evidence the agreement’s termination to the relevant authority’s satisfaction.
   - When the agreement is terminated, we must deal with your file in accordance with Part 10 of the Code.
   
6. Force Majeure
   Neither party will be liable to the other for any failure to perform the party’s obligations under this agreement by reason of circumstances beyond the party’s reasonable control, including (but not limited to) natural disaster, health epidemic or pandemic, governmental actions or war (‘force majeure event’).
   The party prevented from carrying out its obligations must:
   - Notify the other party as soon as practicable after the force majeure event occurs, and provide information concerning the force majeure event, including an estimate of the time likely to be required to overcome it;
   - Take all reasonable steps to overcome the force majeure event and mitigate its effects;
   - Continue to perform its obligations as far as practicable.
   Irrespective of the above, if a force majeure event occurs and its effects continue fora period of 14 days, either party may terminate this agreement by providing reasonable written notice in accordance with clause 5(a).
   
7. Retention of Documents
   We agree to keep securely, and in a way that ensures confidentiality, all documents that you provide or pay for (or that are provided or paid for on your behalf) until the earlier of:
   - Seven years after the date of the last action on your file; or
   - When the documents are returned to you or dealt with in accordance with your written instructions.
   We agree to keep all other records required by Clause 6.1 of the Code for 7 years after the date of the last action on your file. After this date, we may destroy the documents and records above in a way that will ensure confidentiality.
   You will collect your original documents from us within 21 days of the finalisation of the application. You will provide us with a receipt upon return of any original documents.
   You have the right to receive a copy of your file upon payment for archive retrieval and copying costs.
   If we are required to respond to a subpoena, court order or other legal process for the production of documents or testimony relating to information obtained or prepared under the agreement, you will compensate us at the prevailing hourly rate (see Schedule of Fees), for the time that we expend in connection with such response, and you will reimburse us for all out-of-pocket costs that we incur in this regard
   
8. Confidentiality
   a.We adhere to the underlying values contained in the Australian Privacy Principles contained in the Privacy Act 1988, as a matter of internal policy and in compliance with the Code.
   b.We will maintain the confidentiality of all information divulged under the agreement, except as required by law or as modified by the agreement.
   c.Your documents and information may be stored physically and/or electronically by us. In some cases, documents and information may be stored on third party servers that are located outside Australia. We will take all reasonable steps to ensure that your information is protected from unauthorised release or disclosure.
9. d.The information that you provide to us is collected, used and disclosed to other entities in the furtherance of your application, where there is a reasonable expectation that it will be used and disclosed by us. Other entities to which your information may be disclosed include (but are not limited to):

i.The DOHA

ii.Skills assessing authorities;

iii.Your sponsor, or the person whom you are sponsoring or nominating for a visa(for family sponsorship or employer sponsorship/nomination purposes). Inparticular, you expressly agree that any Information that may adversely affect the outcome of the application (for example, health, character or business-related issues) may be disclosed to your sponsor (or the person whom you are sponsoring or nominating);

iv.Dependent family members included in your application;

v.Regional Certifying Bodies (for those applications requiring certification by a Regional Certifying Body);

vi.Educational institutions (for Student visa applications);

vii.State or Territory Governments (for State or Territory sponsorship/nomination purposes);

viii.The Australian Federal Police and/or foreign police services (where you request that we apply for police clearances on your behalf);

ix.Any entity to which you have authorised disclosure of your information.

e.We may use the information that you provide to conduct market research, determine website usage and for direct marketing purposes related to our business (for example, our regular newsletter service).

f.We may search for your current visa entitlements using Visa Entitlement Verification Online (‘VEVO’) at any time during the term of this agreement, as we deem necessary to determine your status in Australia and your eligibility to lodge the application.

g.You acknowledge that the DOHA monitors VEVO searches. We are not responsible for any actions taken by the DOHA towards you as a result of VEVO searches conducted within the scope of this agreement.

9.Dispute Resolution

a.If a dispute arises out of or relating to the agreement, or the breach, termination,validity, or subject matter thereof, or as to any related claim in restitution at law, inequity or pursuant to any statute: the parties agree to discuss the dispute with the aim of reaching a concord that is acceptable to both sides. This will be documented inwriting, dated and signed by both parties.

b.If one party requests an opportunity to discuss the dispute, the parties should attempt to reach a concord within 21 days of that request (or a longer period if agreed between the parties).

c.If the parties cannot reach a concord within 21 days, the parties agree to refer the dispute to the Australian Disputes Centre (ADC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ADC, or by another dispute resolution process suggested by the ADC and accepted by the parties. The results of any such mediation will be binding only upon agreement of each party. It is expected that any fees payable to the ADC or to the person appointed by the ADC will be paid by the parties equally.

d.If the parties have been unable to resolve their dispute through the ADC, either party may commence Court proceedings, but not before the expiry of 28 days from the date of referral to the ADC. Court proceedings are strictly limited to the State or Territory of our principal office.

e.You may seek to vary the procedure set out in this clause if you can establish that the DOHA requires you to immediately depart Australia.

10.Electronic Communications

a.We disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by or to us in connection with our performance of services under the agreement.

b.You agree that we bear no liability for any loss or damage to any person or entity resulting from the use of email transmissions or our website services, including any consequential, incidental, direct, indirect or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.

11.Relevant Law and Jurisdiction

These conditions and all aspects of our performance of services under the agreement are governed by, and both parties agree to be bound by the law and the Code. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the state and/or the Migration Agents Registration Authority.

12.Disclosure of Interests

a.To assist our clients, we have strategic alliances with a number of related service firms and organisations

b.We disclose that these bodies may pay a commission or referral fee in some instances. In addition, in some instances (by prior arrangement) we may pay a referral fee to agents that introduce clients to our practice.

c.As the amount of any such benefits, if applicable, are not known at this stage, we will advise you of any amounts received or paid either if and when this occurs, or at your request.

You accept that we are not providing expert advice in relation to the subject matter of any contracts or arrangements that are the subject of this clause, and that we bear no liability for any loss or damage to any person or entity resulting from the provision of non-migration advice.

Ongoing Promotions Terms and Conditions:

12.12.12 Promotion Launched on 12 December 2023

Inclusive Period: 12-14 December 2023

1. Subject for Approval:

  All applications submitted under this Promotion are subject to approval 

  The approval process is at the sole discretion of the relevant immigration authorities.

  Eligible applicants will have an invoice dated 12 to 14 December 2023.

  Partial payment of the relevant invoice has to be settled on or before the invoice due date

  First time visa or skills assessment client

2. Does Not Apply to Applicants with Previous Visa Refusal:

  This Promotion is not applicable to individuals who have experienced a previous visa refusal.

  Applicants with a history of visa refusals are ineligible to participate in this Promotion.

  The promotion organizers reserve the right to verify the visa history of applicants and disqualify those who do not meet this criterion.

3. Eligibility:

  Participants must provide accurate and complete information during the application process.

  Incomplete or inaccurate submissions may result in disqualification from the Promotion.

4. Submission Period:

  The Promotion submission period is specified in the promotional materials.

  Applications received after the submission deadline will not be considered.

5. Promotion Benefits:

  The benefits of this Promotion, if awarded, may include but are not limited to assistance with the visa application process.

  The specifics of the benefits will be detailed in the promotional materials.

6. Promotion Organizers' Rights:

  The organizers reserve the right to modify, suspend, or terminate the Promotion at any time without prior notice.

  The organizers also reserve the right to disqualify any participant for any reason, including but not limited to violation of these Terms.

[/vc_column_text][vc_column_text]IMMICO CONSULTANCY Terms and Conditions of Service

DEFINITIONS

These terms and conditions govern your relationship with us, and apply when we enter into an agreement to provide migration services to you.

In this document: ‘we’, ‘our’ and ‘us’ means IMMICO CONSULTANCY PTY LTD and/or the Registered Migration Agent(s) listed on page 1 of the agreement; whilst ‘you’ and ‘your’ means the client(s) to whom we have agreed to provide migration services, as listed on page 1 of the agreement.

‘The agreement’ means the document that details the migration services that we will provide to you, which both parties are to read, acknowledge and sign.

‘The application’ means the application covered by the agreement.

‘The relevant authority’ means the authority to which the application is to be submitted for assessment. For sponsorship, nomination and visa applications, this will be the DOHA (see below); for skills assessment applications, this will be the relevant skills assessing authority; for State or Territory nomination applications, this will be the relevant State or Territory government agency; for regional certification applications, this will be the relevant Regional Certifying Body.

‘DOHA’ means the The Department of Home Affairs.

1. Code of Conduct

  We undertake to adhere to the Code of Conduct for registered migration agents (‘theCode’), which is prescribed in Schedule 2 of the Migration Agent Regulations 1998.

  The Code regulates the conduct of registered migration agents (‘RMAs’), andestablishes the minimum attributes and abilities that a RMA must demonstrate.

  We will provide a copy of the Code to you upon request. The Code is also availableonline at www.mara.gov.au.

  If the Code is amended in a way that is inconsistent with this agreement, both parties agree to vary this agreement to comply with the new Code.

  If the Code is inconsistent with our obligations as a RMA or otherwise, or with the laws of the country in which we are operating, both parties agree to vary this agreement to comply with the laws of that country, to the extent of any inconsistency.

2. Our Obligations

As your migration agents, we will:

  Act lawfully, honestly and fairly in your best interests;

  Avoid conflicts of interest, and disclose any personal or professional interests orcommissions;

  Follow any lawful instruction you give us that is consistent with the agreement(including these terms and conditions) and is within the scope of the agreed services.

3. Your Obligations

As our client(s), you will:

  Give us full and clear instructions;

  Be honest and lawful in your dealings with us (it is an offence to provide false ormisleading information, a bogus document or inaccurate personal identity information to a relevant authority);

  Treat us with respect and trust;

  Provide documents and information within the timeframes specified in ourcommunications with you (work on the application cannot commence until your Client Questionnaire has been completed in full, and all other required documents andinformation have been provided to us);

  Ensure that any documents you provide are in the format set out in ourcommunications (for instance, original documents, certified copies and/or scannedfull-colour copies in PDF);

  Understand the fees and costs associated with the application, and pay these asrequired under the agreement;

  Ask us questions should you not understand what is required;

  Keep us informed of any change in your address or contact details, or any otherchange; in your circumstances (we will determine if the change is material to the application)

  Make appointments to see your migration agent, so that we can devote sufficient time to the application and prepare any documents for you as appropriate.

4. Matters Impacting on Our Service

  We are able to advise you about immigration law at a particular point in time, but are unable to predict subsequent changes in the law that may affect the application.

  We do not guarantee the success of the application, or that the application will bedecided within a given period of time.

  We are under no obligation to provide any refund should the application be refused for reasons outside our control.

  We are under no obligation to lodge the application with the relevant authority until payment has been made in full of all fees due and payable at that stage (see section B of the agreement).

  We have provided you with a copy of the information pamphlet regarding the migration agent profession, the Consumer Guide.

  If we advise you in writing that, in our opinion, the application would be vexatious orgrossly unfounded, you will provide written acknowledgement of the receipt of thisadvice if, notwithstanding the advice, you still want us to lodge the application.

  You bear the risk that changes in immigration law may cause the application to berefused or take longer to be processed. We are not liable for any loss that arises from changes to the law that affect the application.

  You will respond promptly to our requests for information or documents.

  You will not hold us responsible for delays caused by your failure to promptly provideinformation or documents, and you are aware that failing to provide documents asrequired is likely to lead to the application being refused.

  All information provided to us is, to the best of your knowledge and belief, true andcurrent, and all documents supplied are genuine and authentic.

  You are aware that providing false information or documents is likely to lead to the application being refused, and that you may be sanctioned by the relevant authority as a result.

  You will respond promptly to our requests for payment of professional fees and othercosts, including any fees payable to the relevant authority (see section B of theagreement.).

  You are aware that failing to promptly make the payments required by the relevantauthority may lead to the application being refused.

  You will, during the processing of the application, promptly notify us of any materialchanges in your circumstances, or the circumstances of any other person/entity thatmay be involved in the application. Should your contact details change, you will advise us of this change within two weeks.

  You will not sell property, leave employment or finalise any business or personal affairs or take similar steps in anticipation of obtaining a visa without notifying us first.

  If the application is for an employer-sponsored visa, you will take no other employmentapart from the sponsored employment.

  We are the sole contact with the relevant authority, and you will direct allcommunications to that authority through our office.

  You will not contact the relevant authority without our consent. If you breach this clause, we have the right to terminate the agreement, or to charge additional fees relevant of effort/service plus GST per hour for any further services required as a result of this breach.

  You will immediately notify us if you are contacted directly by the relevant authority in relation to the application or any other matter.

  If you make any payment via credit card, a merchant transfer fee may be imposed and disclosed on the invoice (see section B of the agreement).

5. Termination

  Either party may terminate this agreement at any time by giving reasonable written notice to the other party. In the event that we terminate the agreement, we must comply with the requirements of Clauses 10.1A and 10.1B of the Code.

  We must terminate the agreement if a conflict of interest listed in Part 2 of the Code arises that is not declared in clause 12 of this document. In the event that such a conflict occurs, we will notify the relevant authority that we no longer act for you, and will advise you about appointing another agent.

  If the agreement is terminated, you must pay any fees, charges and costs outstanding, as detailed in the subparagraphs below, for work that we have already performed. In this event, the following rules will apply:

  The professional fees payable by you will be calculated based on the percentage of work undertaken by us as of the date of the agreement’s termination, as itemised in section B of the agreement. For example, if 50% of the required work has been performed as of the date of termination, then 50% of the total professional fees itemised in the agreement is payable to us;

  You must also reimburse us for any charges or costs incurred on your behalf as of the date of termination;

  We will provide you with a final invoice itemising the services we have performed and the resultant fees, charges and costs payable by you following the agreement’s termination;

  You will not be required to pay any fees for work that we have not yet performed;

  If applicable, any excess funds held in your client account will be itemised on your final invoice, and will be refunded to your nominated account.

  If the agreement is terminated, you must sign any forms required to evidence the agreement’s termination to the relevant authority’s satisfaction.

  When the agreement is terminated, we must deal with your file in accordance with Part 10 of the Code.

6. Force Majeure

  Neither party will be liable to the other for any failure to perform the party’s obligations under this agreement by reason of circumstances beyond the party’s reasonablecontrol, including (but not limited to) natural disaster, health epidemic or pandemic, governmental actions or war (‘force majeure event’).

  The party prevented from carrying out its obligations must:

  Notify the other party as soon as practicable after the force majeure event occurs, and provide information concerning the force majeure event, including an estimate of the time likely to be required to overcome it;

  Take all reasonable steps to overcome the force majeure event and mitigate itseffects;

  Continue to perform its obligations as far as practicable.

  Irrespective of the above, if a force majeure event occurs and its effects continue fora period of 14 days, either party may terminate this agreement by providing reasonable written notice in accordance with clause 5(a).

7. Retention of Documents

  We agree to keep securely, and in a way that ensures confidentiality, all documents that you provide or pay for (or that are provided or paid for on your behalf) until the earlier of:

  Seven years after the date of the last action on your file; or

  When the documents are returned to you or dealt with in accordance with your written instructions.

  We agree to keep all other records required by Clause 6.1 of the Code for 7 years after the date of the last action on your file. After this date, we may destroy the documents and records above in a way that will ensure confidentiality.

  You will collect your original documents from us within 21 days of the finalisation ofthe application. You will provide us with a receipt upon return of any original documents.

  You have the right to receive a copy of your file upon payment of$«CustomFieldFeeForCopyOfFile» for archive retrieval and copying costs.

  If we are required to respond to a subpoena, court order or other legal process for theproduction of documents or testimony relating to information obtained or preparedunder the agreement, you will compensate us at the prevailing hourly rate (seeSchedule of Fees), for the time that we expend in connection with such response, and you will reimburse us for all out-of-pocket costs that we incur in this regard

  8.Confidentiality

a.We adhere to the underlying values contained in the Australian Privacy Principlescontained in the Privacy Act 1988, as a matter of internal policy and in compliancewith the Code.

b.We will maintain the confidentiality of all information divulged under the agreement, except as required by law or as modified by the agreement.

c.Your documents and information may be stored physically and/or electronically by us. In some cases, documents and information may be stored on third party servers thatare located outside Australia. We will take all reasonable steps to ensure that yourinformation is protected from unauthorised release or disclosure.

d.The information that you provide to us is collected, used and disclosed to other entities in the furtherance of your application, where there is a reasonable expectation that itwill be used and disclosed by us. Other entities to which your information may bedisclosed include (but are not limited to):

i.The «ImmigrationDepartmentShortName»;

ii.Skills assessing authorities;

iii.Your sponsor, or the person whom you are sponsoring or nominating for a visa(for family sponsorship or employer sponsorship/nomination purposes). Inparticular, you expressly agree that any Information that may adversely affectthe outcome of the application (for example, health, character or business-related issues) may be disclosed to your sponsor (or the person whom you aresponsoring or nominating);

iv.Dependent family members included in your application;

v.Regional Certifying Bodies (for those applications requiring certification by aRegional Certifying Body);

vi.Educational institutions (for Student visa applications);

vii.State or Territory Governments (for State or Territory sponsorship/nomination purposes);

viii.The Australian Federal Police and/or foreign police services (where you request that we apply for police clearances on your behalf);

ix.Any entity to which you have authorised disclosure of your information.

e.We may use the information that you provide to conduct market research, determinewebsite usage and for direct marketing purposes related to our business (for example, our regular newsletter service).

f.We may search for your current visa entitlements using Visa Entitlement Verification Online (‘VEVO’) at any time during the term of this agreement, as we deem necessary to determine your status in Australia and your eligibility to lodge the application.

g.You acknowledge that the «ImmigrationDepartmentShortName» monitors VEVOsearches. We are not responsible for any actions taken by the«ImmigrationDepartmentShortName» towards you as a result of VEVO searchesconducted within the scope of this agreement.

9.Dispute Resolution

a.If a dispute arises out of or relating to the agreement, or the breach, termination,validity, or subject matter thereof, or as to any related claim in restitution at law, inequity or pursuant to any statute: the parties agree to discuss the dispute with the aim of reaching a concord that is acceptable to both sides. This will be documented inwriting, dated and signed by both parties.

b.If one party requests an opportunity to discuss the dispute, the parties should attempt to reach a concord within 21 days of that request (or a longer period if agreed between the parties).

c.If the parties cannot reach a concord within 21 days, the parties agree to refer thedispute to the Australian Disputes Centre (ADC) for final settlement by a singlearbitrator appointed in accordance with the Rules of the ADC, or by another disputeresolution process suggested by the ADC and accepted by the parties. The results ofany such mediation will be binding only upon agreement of each party. It is expected that any fees payable to the ADC or to the person appointed by the ADC will be paid by the parties equally.

d.If the parties have been unable to resolve their dispute through the ADC, either partymay commence Court proceedings, but not before the expiry of 28 days from the date of referral to the ADC. Court proceedings are strictly limited to the State or Territory ofour principal office.

e.You may seek to vary the procedure set out in this clause if you can establish that the «ImmigrationDepartmentShortName» requires you to immediately depart Australia.

10.Electronic Communications

a.We disclaim and waive any liability or responsibility whatsoever for interception orunintentional disclosure of emails transmitted by or to us in connection with our performance of services under the agreement.

b.You agree that we bear no liability for any loss or damage to any person or entityresulting from the use of email transmissions or our website services, including anyconsequential, incidental, direct, indirect or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietaryinformation.

11.Relevant Law and JurisdictionThese conditions and all aspects of our performance of services under the agreement are governed by, and both parties agree to be bound by, the law of the state, and the Code. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the state and/or the Migration Agents Registration Authority.

12.Disclosure of Interests

a.To assist our clients, we have strategic alliances with a number of related service firms and organisations.

b.We disclose that these bodies may pay a commission or referral fee in some instances. In addition, in some instances (by prior arrangement) we may pay a referral fee to agents that introduce clients to our practice.

c.As the amount of any such benefits, if applicable, are not known at this stage, we will advise you of any amounts received or paid either if and when this occurs, or at your request.

You accept that we are not providing expert advice in relation to the subject matter of any contracts or arrangements that are the subject of this clause, and that we bear no liability for any loss or damage to any person or entity resulting from the provision of non-migration advice.