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Education Embassy

REGISTERED MIGRATION AGENT DETAILS

Name:
MARA Registration No:
Business Address:
Direct Email:
Work Email:
Work:
Direct Mobile:

BUSINESS
DETAILS (if different)

Business Name:
ABN Number:

CLIENT DETAILS
(if different)

Name:
DOB:
Contact-:
E-mail Id:
Address:

SERVICE CATEGORY

Advice Only:Preliminary advice onlyFOIMinisterial Discretion
Visa Application: Visa Category/ Class/ Subclass : 500
Appeal or Review:AATRRTOther (Specify)

FEES and CHARGES

Fees and charges are set out in the ‘SCHEDULE OF FEES’ at the end of this document.

IMPORTANT INFORMATION FOR CLIENTS:

The terms and conditions of this agreement are set out below. Make sure you have read and understood the conditions before entering into the agreement. If you wish to seek independent legal advice about this agreement, you should do so before signing this agreement. By initialling the bottom of each page, you are indicating that you have read and understood the terms on that page.

TERMS AND CONDITIONS:


I have read and understood the terms below and I agree to be bound by this agreement.
Signed by the Client:
Date:
Signed by the Registered Migration Agent:
Date: ]
  1. APPOINTMENT OF AGENT

    The Client appoints the Agent to represent the Client and to perform the services described in this agreement.

    CODE OF CONDUCT (THE CODE)

    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. The Agent guarantees to provide a copy of the Code to the Client immediately on request.

      It is also available at Migration Agents Registration Authority.
    3. If the Code (which is prescribed in Schedule 2 of the Migration Agent Regulations 1998) is amended in a way that is inconsistent with this agreement, the Agent and Client agree to vary this agreement to comply with the new Code.
    4. 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.
  2. SERVICES TO BE PROVIDED

    The services to be provided under this agreement include the following:

    1. Provide advice relating to the Client’s migration goals and their choice of visa category.
    2. Provide frank and candid advice regarding the prospects of success however we do not guarantee the success of an application
    3. Analyse current Immigration Law relating to the nominated visa category or review application.
    4. Assist in the completion and/or checking of relevant application forms.
    5. Provide advice and assistance relating to documentation required to support the application.
    6. Prepare any necessary supporting submissions to the relevant Assessing Authority, Department or review body
    7. Submit the application to the relevant Assessing Authority, Department or review body for processing as soon as possible.
    8. Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the Client.
    9. Wherever possible, assist the Client to comply with any request made by the Department or review body.
    10. Keep the client fully informed of all developments concerning the progress of the application.
    11. Promptly advise the Client of any communications from the Department or review body.
    12. During the processing of the application, advise the Client of any changes to the law or Departmental policy requirements affecting the visa application.
    13. Advise the Client promptly of the outcome of the application.
    14. Provide post grant migration advice regarding visa conditions and requirements.
  3. WHO WILL PERFORM THE WORK?

    All immigration assistance will be provided by the Registered Migration Agent (Responsible Agent) mentioned above and

    1. Other registered migration agents working in the firm of the Responsible Agent may
      work on your matter from time to time.
    2. Administrative services may be provided by other clerical staff.
    3. The Responsible Agent will properly supervise the work carried out by any staff.

    Client: I have read and understood the terms on this page: Client (initial) and/or
    Agent: I have explained this page to the Client: (name)
    Date:

  4. THE AGENT GUARANTEES THAT AGENT:

    1. Is registered with the Migration Agents Registration Authority.
    2. Maintains the required level of Professional Indemnity Insurance.
    3. Has no conflict of interest in terms of Part 2 of the Code?
    4. Will inform the Client in writing if they may receive a financial benefit as a result of providing advice of a non-migration nature to the Client.
    5. Will act in accordance with the law and in the best interests of the Client, and deal with the Client competently, diligently and fairly.
    6. Will provide courteous and attentive service.
    7. 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.
    8. 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
    9. Has sufficient knowledge of the relevant laws to be able to competently provide the agreed services.
    10. Will advise the Client in writing, if in the Agent’s opinion, the application is vexatious or grossly unfounded.
    11. Will, if providing translating or interpreting services, include the Agent’s name and registration number on a prominent part of the translated document.
  5. THE CLIENT AGREES THAT:

    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.
    2. The Client will not import any files from Online Immi Account without written consent from the Agent. If Client found in breach of this condition then this contract will be deemed cancelled and the Agent would not have any further obligation under this contract.
    3. The Client will respond promptly to requests by the Agent for further information or documents.
    4. The Client will not hold the Agent responsible for delays caused by the Client’s failure to promptly provide information or documents.
    5. The Agent will be under no obligation to 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.
    6. The Agent has provided the Client with a copy of the booklet titled Information on the Regulation of the Migration Advice Profession.
    7. The final decision on an application submitted to the Department is beyond the Agent’s control. The Agent has not guaranteed the success of any application.
    8. The Agent will not be liable for any loss arising from changes to the law affecting the Client’s application, which occurs after the application has been lodged.
    9. The Client will not sell property, leave employment or finalise any business or personal affairs without first notifying the Agent.
    10. 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.
    11. Client: I have read and understood the terms on this page: Client (initial) and/or
      Agent: I have explained this page to the Client: (name)
      Date:

  6. TERMINATION OF AGREEMENT

    1. The Client may terminate this agreement at any time.
    2. 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.
    3. 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.
    4. If the agreement is terminated, the Client must pay any fees outstanding for work already performed by the Agent and his retainer fee (stage 1.40%). The Client is not required to pay any fees for work not yet performed by the Agent.
    5. When the agreement is terminated, the Agent must deal with the Client’s file in accordance with Part 10 of the Code.
  7. RETENTION OF DOCUMENTS

    1. The Agent agrees to keep secrecy, 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:
      1. 7 years after the date of the last action on the file for the Client; or
      2. when the documents are given to the Client or dealt with in accordance with the Client’s written instructions
    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.
    3. After this date the Agent may destroy the documents and records above in a way which will ensure confidentiality.
  8. CONFIDENTIALITY

    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.
    2. If applicable, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act.
  9. RESOLUTION OF DISPUTES

    1. 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.
    2. The agreement will be documented in writing, dated and signed by both the Agent and the Client.
    3. 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).
    4. 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. It is expected that any fees payable to ACDC or to the person appointed by ACDC will be paid by the parties equally.
    5. 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.
    6. A Client may vary the procedure set out in this clause if the Client can establish that ABF may require the Client to depart Australia.

    Client: I have read and understood the terms on this page: Client (initial) and/or
    Agent: I have explained this page to the Client: (name)
    Date:

SCHEDULE OF FEES

  1. FEE TYPE



    Lump Sum Agreement

  2. FEE ESTIMATE

    STATEMENT OF SERVICES

    Part 5 of the Code requires Agents to set and charge a fee that is reasonable in the circumstances.

    1. For Lump Sum agreements, the fee estimate for each service is as follows:
      1. Prepare a list of required documents for the mentioned visa category.
      2. Assessing the documents supplied.
      3. Assisting in preparing ABF application forms, work references (if required), skills assessments (if required)
      4. Preparing supporting submission for the application and lodging of application.
      5. Assisting in arranging health and character requirements.
      6. Monitoring application and answering any queries from ABF.

TOTAL LUMP SUM:

AUD 550 (inclusive of GST)

The Agent must give the Client written notice of any material change to the estimated cost as soon as the Agent becomes aware of the likelihood of a change occurring.

Payment Terms: 14 days of receipt of invoice.

Stage 1-

Initial deposit
Payment into Client Account

AUD 550

This agreement may be terminated by either party for any reason by written notice at any time. All work performed at the date of the termination and not already paid for, will be charged for at $250.00 plus GST per hour plus disbursements.

2. OTHER CHARGES

These charges are in addition to the fees noted above and may attract GST. The Agent may, at any time, withdraw money from the Client’s account for disbursements (i.e. charges) that are required to be paid to the Department, or any other agency, for the client. Please note Departmental application fees generally are increased in July of each year, and there may be a necessity for the Client to pay the balance in the event the application fees rise after receiving any monies and before the application fees fall due. All figures are in Australian Dollars (AUD)

a Department of Home Affairs Primary Visa Applicant Fee

$ 630

b Department of Home Affairs Secondary Visa Applicant over 18 years of age

$ 470

c Department of Home Affairs Secondary Visa Applicant over 18 years of age

NA

Credit/Debit card surcharge applicable

Please note above costs are payable to third parties and are approximates only

3. PAYMENT METHOD AND STRUCTURE

Client: I have read and understood the terms on this page: Client (initial) and/or
Agent: I have explained this page to the Client: (name)
Date:

Fees listed under ‘Other Charges’ are not included in these instalments and must be paid on request.

a. Payment should be made in the following options

Master Card/VISA +2.00% surchargeDirect depositCash

Commonwealth Bank BSB: 064184 Account number: 10912908

PAYMENT

DATE DUE

BLOCK OF WORK TO WHICH PAYMENT RELATES

Initial Deposit
Upon Signing

Retainer Fee and to initiate Works:

(Monies will be taken out of your client account once)

  1. Email a list of required documents
  2. Email Forms 956
  3. Initial correspondence re beginning steps.
Balance
Prior to lodgement

Balance of Works:

Completing of application forms and obtaining all relevant

required documents and supporting submission generated.

1. The Agent will hold all fees paid in advance in the Clients’ Account;
a. After the Agent has completed each block of work outlined above, and issued an invoice which sets out:

  1. the particulars of each service performed; and
  2. the charge made in respect of each such service;

4. Miscellaneous Items

  1. This agreement is for service mentioned on page 1 in service category only and is subject to the current immigration laws, regulations and policies, or any other “futures changes” in laws regulations or policy that the immigration department imposes after lodging an application. The agent cannot be held responsible for such “future changes” not disclosed at the time of lodging.
  2. The client agrees to provide the documentary evidence as required by the Australian Department of Immigration in a timely manner and acknowledges that any false or misleading documentation can result in financial costs to the applicant, refusal of visa application or cancelation of a granted visa.
  3. The client agrees that if making an application with dependents; all dependents seeking to be included on the application are put onto one application only. More than one application/submission for a family will be charged at additional rates.
  4. Some applications are subject to capping and ceasing by the Minister of Immigration. The agent cannot predict or be responsible for decisions made by the Minister in the future to cap or cease an application.
  5. The client acknowledges that the migration agent is entitled to his full fee if the client does not pass the health or character tests. The client may engage the agent, at a further cost, to supply a detailed submission to try and obtain a waiver of health requirement where applicable.
  6. The client acknowledges receipt of a copy of "Information on the Regulation of Migration Advice Industry" and copy of this agreement.
  7. The client has been made aware that a copy of the code of conduct is available at place of business.

Client: I have read and understood the terms on this page: Client (initial) and/or
Agent: I have explained this page to the Client: (name)
Date:

PRIVACY AND DIRECT MARKETING

  1. Personal information about you is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law, e.g. under the Social Security Act. You authorise us to collect information about you and to disclose that information to others if necessary in furtherance of your matter, e.g. within the law practice, to the court, to the other party to any litigation, to barristers.
  2. You consent to our use of your contact details to maintain a professional relationship with you and to provide legal updates and other information that we think may be of interest to you by telephone, facsimile, email or direct mail. You may ask us not to send direct marketing materials by contacting us by email : info@eduembassy.com.au

I have read and understood the terms and conditions and I agree to be bound by this agreement.

Signed by the Client:
Date:
Signed by Registered Migration Agent:
Date:

GETTING THE BEST FROM US

A GUIDE FOR OUR CLIENTS

We want the best relationship between us in helping you with your matter, and accordingly, to better inform you, we advise: -

  1. Our office is open from 10.00 am to 6.00 pm Monday to Friday.
  2. Our service to you will include meeting the standards of service set by the Office of Migration Agents Registration Authority. We will advise you of the basis upon which costs will be charged, and, if reasonably possible, an estimate of costs including disbursements of the matter.
  3. How you can help us: -
    1. Give us clear instructions;
    2. Tell us if you have any important time limits;
    3. Provide us with a contact telephone number and email;
    4. We prefer wherever possible communication with you by email so that both you and we have an accurate record;
    5. Avoid unnecessary telephone calls and other correspondences;
    6. Allow us reasonable time to reply to your correspondences. Although we will endeavour to reply all your correspondences promptly, but it is not always possible and sometimes we had to research or investigate further before we are in a position to reply.
    7. We believe the reasonable time to reply is two working days unless there is some urgency or deadline where we will promptly reply.
    8. Tell us if you have changed address or telephone number or Email;
    9. Make sure we have understood each other correctly. Ask us if you are unsure about anything;
    10. Deal with any important questions that arise promptly;
    11. Keep in regular touch. Don’t hesitate to ask for a progress report if you are worried about anything or do not hear from us when you expect.
  4. If you are concerned about the way your matter is being handled: -
    1. Tell us if you feel you are not receiving the service you hoped for. We want to know if you are concerned about the way your matter is being handled. We can try to put it right and will look into it promptly and thoroughly;
    2. Mention it first to the person looking after your matter.
    3. If you are still concerned after that, (or feel you are unable to discuss the problem with the person looking after your matter), please contact other directors of our company via email: info@eduembassy.com.au , a director of the company other than the person handling your matter will investigate it and contact you to talk about the problem. This will be at no extra cost to you.

Client: I have read and understood the terms on this page: Client (initial) and/or
Agent: I have explained this page to the Client: (name)
Date:

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