1. APPOINTMENT OF AGENT
1.1 The Client appoints the Agent to represent the Client and to perform the services described in this Agreement. Continued communication with the Agent is taken as acceptance
of the terms and conditions of this Service Agreement.
2. CODE OF CONDUCT (THE CODE)
2.1 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.
2.2 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.
2.3 The Agent guarantees to provide a copy of the Code to the Client on request.
3. WHO WILL PERFORM THE WORK
3.1 The Client acknowledges and consents to the immigration assistance covered by this agreement being provided by Tristan Podger (the “Responsible Agent”).
3.2 The Client acknowledges and consents to immigration assistance covered by this agreement being delegated to other Registered Migration Agents as required.
3.3 The Client acknowledges and consents to administrative services being provided by other staff. The Responsible Agent will properly supervise the work carried out
by any staff working for the Agent.
4. THE AGENT GUARANTEES THAT HE OR SHE:
4.1 Is registered with the Migration Agents Registration Authority.
4.2 Maintains the required level of Professional Indemnity Insurance.
4.3 Will act in accordance with the law and in the best interests of the Client, and deal with the Client competently, diligently and fairly.
4.4 Has sufficient knowledge of the relevant laws to be able to competently provide the agreed services.
4.5 Before starting work for the Client, will give the Client:
(a) an estimate of fees for each hour or each service to be performed and disbursements that the Agent is likely to incur as part of the services to be
(b) An estimate of the time likely to be taken in performing the services.
4.6 Will advise the Client in writing, if in the Agent’s opinion, the application is vexatious or grossly unfounded.
4.7 If asked by a client to give an opinion about the probability of a successful outcome for the client’s application, the agent will give the advice in writing within a
reasonable time, and may also give the same advice orally, and will not hold out unsubstantiated or unjustified prospects of success when advising the client orally
or in writing.
4.8 Will not make statements in support of an application under the Migration Act or Migration Regulations, or encourage the making of statements, which he or she
knows or believes to be misleading or inaccurate.
4.9 Will ensure that the Client has access to an interpreter if necessary.
(The Client will be required to pay any fees charged by the interpreter.)
4.10 Will, on request, provide the Client with a copy of their application and any related documents
(The Agent is entitled to charge a reasonable amount for copies.)
4.11 Will, if providing translating or interpreting services, include the Agent’s name and registration number on a prominent part of the translated document.
4.12 Will keep records of the clients' account, including:
(a) the date and amount of each deposit made to the clients' account, including an indication of the purpose of the deposit and the client on whose behalf the
deposit is made; and
(b) the date and amount of each withdrawal made in relation to an individual client, and the name of each recipient of money that was withdrawn; and
(c) receipts for any payments made by the client to the agent; and
(d) statements of services; and
(e) copies of invoices or accounts rendered in relation to the account.
4.13 If the Client requests any refund including but not limited to the Client terminating their agreement and/or withdrawing their application, then the Agent is entitled to
be reimbursed for work that has been performed on the case up to date at the agreed rate ($600+GST per hour).
4.14 It operates on a fee for services basis. This means that the invoice covers work done on various immigration advice and services and as such, is not on a fee for
4.15 Will not be responsible where the visa, citizenship, passport or any other application has been unsuccessful due to factors outside our control, including but not limited to the following circumstances:
(a) If the Client withdraw the application from either us or the Department for any reason before a decision is made;
(b) If the Client do not comply with all of the requirements necessary to make a valid visa application;
(c) If the Client fail, or refuse, to attend to all administrative or legal procedures necessary to complete the processing of the application;
(d) If he Client do not provide such further information or documents the Department or any relevant State or Territory authority requests, or is required by us;
(e) If the visa application is rejected on the basis that the Client and/or their family members do not meet the criteria in respect of their:
(iii) Skills Assessment;
(iv) English Language Ability; or
(v) Assurance of Support
(f) If the visa application is rejected on the grounds that you submitted fraudulent, or forged documents, whether or not the Client are aware of this before or at
the time of the visa application;
(g) If the application is rejected on the grounds that the Client failed to supply requested documents by a date specified by the Immigration Department;
(h) If the Client and/or any of their family members currently hold a valid Australian visa and they breach the visa conditions;
(i) If the Client directly contacts the relevant Department / Authorities without the agent’s written permission in advance thereby jeopardising the visa application;
(j) If the visa application is rejected on the grounds that the Client failed to attend to an interview/hearing on a date specified by the Immigration Department;
(k) If the application is rejected as a result of a change in law after the lodgement of the visa application;
(l) If the application is not finalised within a specific time;
(m) If the application is rejected on the grounds no acceptable Assurance of Support was provided by you;
(n) If the application is rejected because of the Marriage Relationship of any person included in the application; and/or
(o) If you appoint another registered migration agent or any other representative.
4.16 The Agent do not take any responsibility in the authenticity/bona fide’s of documents. It is the Client’s responsibility to ensure all documents supplied/provided to the
agent are not fraudulent/forged documents.
4.17 We do not guarantee this application will be finalised, either positively or negatively, within a certain time.
4.18 We do not guarantee a certain or specific outcome for this application.
5. THE CLIENT GUARANTEES THAT:
5.1 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 that may affect applications after
they have been lodged.
5.2 The Agent does not guarantee the success of any application.
5.3 The Agent will not be liable for any loss arising from changes to the immigration law affecting the Client’s application, which occurs after the application has been lodged.
5.4 The Agent will be under no obligation to submit the Client’s application to the Department or review body until payment in full has been made for all fees due and payable at
5.5 The Agent has provided the Client with a copy of the Consumer Guide.
5.6 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.
5.7 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 notwithstanding the advice, the Client still wants the Agent to lodge the application.
5.8 The Client bears the risk that changes in immigration law may cause an application to be refused.
5.9 The Client will respond promptly to requests by the Agent to provide further information or documents. The Client will not hold the Agent responsible for delays caused by
the Client’s failure to promptly provide information or documents.
5.10 The Client is aware that failure to provide documents as required is likely to lead to an application being refused.
5.11 The Client confirms that all information provided to the Agent is, to the best of the Client’s knowledge and belief, true and current and that all documents supplied are
genuine and authentic.
5.12 The Client is aware that the provision of false information or documents is likely to lead to an application being refused.
5.13 The Client is aware that failure to make prompt payments to the Department, review body or skills assessment body may lead to an application being refused.
5.14 The Client will, during the processing of an application, notify the Agent of any material changes in the circumstances of the client or any other person who may be involved
in the visa application.
5.15 The Client will not sell property, leave employment, finalise any business or personal affairs or take similar steps in anticipation of obtaining a visa without first notifying the
5.16 The Client will advise the Agent of any change of contact details within two weeks of the change.
5.17 The Client agrees that the Agent is the sole contact with the Department.
5.18 The Client agrees that if the Client breaches Clause 5.9, 5.12, 5.15, 5.16 or 5.21 the Agent has the right to terminate the contract, or in the alternative, the Agent has the
right to charge additional fees at the rate of $600 plus GST per hour for any additional services required as a result of the breach.
5.19 If the Client terminates this Agreement, any unpaid balance of the Agent’s agreed professional fee shall become immediately due and demandable.
5.20 The Client agrees that if they make any payment via credit card, a merchant transfer fee will be imposed and disclosed on the invoice.
5.21 If the application is for an employer-sponsored visa, the Client agrees that they will take no other employment apart from the employment that is the subject of the
5.22 As soon as possible after giving instructions to the Agent and receiving an estimate of fees, disbursements and the likely time to be taken in performing services, the Client
will provide written acceptance of these estimates by signing this agreement.
5.23 The Client should advise Agent of their current residential address and current telephone contact, within 2 working days of these details being changed.
5.24 The Client will pay in accordance with this agreement and the Agent will not continue to perform work on Client’s file if the latter fails to pay Agent’s bills in accordance with
5.25 The Client agrees to provide all necessary documents required for the lodgement of the application before the end of the twelve months from the date of this agreement.
6. TERMINATION OF AGREEMENT
6.1 The Agent may terminate the agreement at any time, provided they provide reasonable written notice to the Client and in accordance with the Code
6.2 If the agreement is terminated, refund will only be provided by the Agent as per Clause 4.13.
6.3 If the agreement is terminated by the Client and there is an unpaid balance of the Agent’s agreed professional fee which the Agent is entitled to for the reimbursement of
works performed on the case up to date at the agreed rate ($600+GST per hour), the outstanding amount shall become immediately due and demandable.
7. RETENTION OF DOCUMENTS
7.1 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:
(a) 7 years after the date of the last action on the file for the Client; or
(b) when the documents are given to the Client or dealt with in accordance with the Client’s written instructions.
7.2 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.
7.3 After this date the Agent may destroy the documents and records above in a way which will ensure confidentiality.
7.4 The Client has the right to receive a copy of their file on the payment of 50c per page for copying costs.
7.5 The Agent is entitled to retain possession of Client’s papers and documents while there is money owing to the Agent for fees and expenses.
8.1 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.
8.2 If applicable, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act.
9. ELECTRONIC COMMUNICATIONS
9.1 The Agent disclaims and waives any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by the Agent in connection with the
performance of this engagement.
9.2 The Client agrees that the Agent shall bear no liability for any loss or damage to any person or entity resulting from the use of
email transmissions, 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.
10. EXCLUSION OF CHARGEBACKS
Clients who purchase via credit or debit card agree, accept, and understand, irrevocably and without exception and without recourse, to waive all actions, rights, claims, or relationships of agency to any chargeback and/or disputed payment procedure or refund, invoked personally and/or invoked by any financial, banking, and/or any credit card institution personally and/or on your behalf with respect to any purchase initiated at this Web site, via emailed invoice or via phone.
Customers paying by credit card agree to all terms/conditions contained herein and agree to waive all chargeback rights. If presented with a chargeback, the owner of Immigration by Experts reserves the right to pursue legal action against the cardholder and this may include referral to a debt collection agency and or VEDA regarding a credit report of the debt.
11. LIMITATION OF LIABILITY/INDEMNITY OF THE AGENT
The client has agreed to indemnify the agent against claims, loss, liability, expenses and costs arising from the services provided beyond the flat fee payable. The agent retains the ability to take action