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APPOINTMENT OF THE FIRM – VISA PLAN MIGRATION LAWYERS

  • The Client appoints Visa Plan (“the Firm”) to represent the Client and to perform the services stated in this Agreement, pursuant to the Registered Migration Agents Code of Conduct (“the Code”).
  • The Firm guarantees to provide a copy of the Code to the Client upon request, which is also available at https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/
  • The Client acknowledges and consents to the immigration assistance and administrative services covered by this Agreement being delegated to other employees of the Firm as required to perform the work.

 

FIRM’S OBLIGATIONS

  • To maintain the required level of Professional Indemnity Insurance and registration with the Migration Agents Registration Authority (“OMARA”).
  • To act diligently in accordance with the governing law, specified in Clause 8, and in the best interests of the Client.
  • To properly supervise the work carried out by the business’s employees as delegated under Clause 1.3.
  • To perform work in a timely manner, if and when the Client has provided all the requested information and documentation.
  • To fully disclose in writing the Firm’s professional fees and all costs and disbursements accrued and/ or to be accrued.
  • To provide an estimate of the time likely to be consumed in completing provision of the agreed services.
  • To preserve the confidentiality of the Client and not disclose any information about the Client or the Client’s business without the Client’s written consent, unless required by law.
  • To provide access to an interpreter if necessary, at the expense of the Client.
  • To provide the Client with a copy of the MARA consumer guide, which is also available at this URL: https://www.mara.gov.au/media/152338/consumer_guide_english.pdf
  • To give the Client written notice of any material changes to the estimated cost of providing the service and the total likely cost as a result of the change, as soon as the Firm becomes aware of the likelihood of the change occurring.
  • To keep a record of the Client’s account with regards to all deposits and withdrawals, including:
  • Receipts for any payments made by the Client to the agent or relevant authorities; and
  • Copies of invoices or accounts rendered in relation to the account.
  • Not to make statements or encourage the making of statements in support of an application under the Migration Act 1958 (Cth)or Migration Regulations 1994 (Cth), which he or she believes to be misleading.
  • Not to guarantee or make any representations confirming the provided migration assistance will result in a successful outcome.
  • Not to encourage the Client to engage the Firm to provide migration assistance if doing so would be vexatious or grossly unfounded (e.g. to lodge a visa application with no chance of success).

 

TRUST ACCOUNT

  • Upon receipt of the Client’s money, it is stored in the Firm’s Trust Account until the agreed service is provided. When the agreed service is provided, it would automatically be transferred to the Firm’s Office Account.
  • In case of visa application, the service is deemed to have been provided when the application is lodged.
  • In case of appeal at the Administrative Appeals Tribunal, the service is deemed to have been provided when the hearing has taken place.
  • In any other matters, the service is deemed to have been provided when the Firm has reasonably completed the primary aspect of the matter on its end, irrespective of obtaining a result from a relevant authority in the circumstances.

 

CLIENT’S OBLIGATIONS

  • To adhere to payment terms as stipulated in this Agreement.
  • To make prompt and immediate payments for disbursements at the risk of their application(s) being refused or delayed.
  • To respond promptly to requests by the Firm to provide authentic and accurate information and documents.
  • To acknowledge all risks involved in proceeding with provision of the migration service which are not reasonably within knowledge of the Firm.
  • To notify the Firm of any material changes in the circumstances of the Client or involved personnel throughout the process.
  • To notify the Firm of any change of contact details provided to the Firm within two (2) days of the change or earlier.
  • Not to cause a significant change in the circumstances, including but not limited to, selling property, leaving employment, finalising any business or personal affairs during the migration process without first consulting with the Firm.
  • Not to contact the Department of Home Affairs without consent from the Firm.

 

FEE-FOR-SERVICE BASIS

  • Failure to pay the agreed fees to the Firm as per Clause 3.1 by the specified time will result in the Client incurring a penalty interest of 10% on the outstanding fees in accordance with Section 2 of the Penalty Interests Rates Act 1983 (Vic).
  • If a penalty interest is incurred, the penalty will be added to the next instalment of payment or sent as an invoice to the Client.
  • Upon lodgement of the Client’s application, the Firm is deemed to have completed the services and will not provide a refund where an application has been unsuccessful due to factors beyond the Firm’s control including but not limited to:
  • Client’s failure to act promptly to the Agent’s requests for documentation and information; and
  • Client providing fraudulent documents; and
  • Client failing the police and/or medical checks; and
  • Changes in law that materially affect the Client’s application or eligibility.

 

TERMINATION OF AGREEMENT

Termination by Firm

  • If the Client breaches any terms set out in section 3 of this Agreement, the Firmmay notify the Client in writing of the breach and request that the Client rectify the breach within seven (7) days.
  • If the breach caused by the Client cannot be rectified or if the Client still fails to remedy the situation after seven (7) days of being notified in writing, the Firm reserves the right to terminate the Agreement and claim for all outstanding debts up till the time of the breach and any additional expenses incurred due to the Client’s breach.
  • If the Agreement is terminated by the Firm in accordance with Clauses 5.1(a) and 5.1(b), the Firm must provide reasonable written notice to the Client in the form prescribed by Part 10.1A of the Code.
  • If the Agreement is terminated by the Firm in accordance with Clauses 5.1(a) and 5.1(b), and there is an unpaid balance of the Firm’s agreed professional fee, the Client will be billed based on the actual hours performed by the Firm at the applicable rates.

Termination by Client

  • If the Agent breaches any terms set out in Clause 2 of this Agreement, the Client may notify the Agent in writing of the breach and request that the Agent rectify the breach within seven (7) days.
  • If the breach caused by the Agent cannot be rectified or if the Firm still fails to remedy the situation after seven (7) days of being notified in writing, the Client reserves the right to terminate the Agreement and request for a Statement of Services from the Firm
  • If the Agreement is terminated by the Client and the Client has made payment to the Firm in relation to the costs and other disbursements specified in this Agreement, the Client will be refunded based on the calculation of the Statement of Services prepared by the Firm at the applicable rates.

 

RETENTION OF DOCUMENTS

  • Pursuant to clause 6.1 of the Code, the Firm agrees to keep the Client’s documents on file for seven (7) years after the date of the last action performed for the Client’s file.
  • After this date, the Firmreserves the right to destroy the Client’s documents and file in a way which will ensure confidentiality but does not require the Client’s consent.
  • Before this date, the Client reserves the right to request in writing for their file and documents, and agrees to bear the costs to be incurred in the provision by the Firm.
  • Pursuant to clause 10.6 of the Code, the Firm reserves the right to retain possession of the Client’s documents and files while there is still money owing to the Firm in relation to the professional fees or expenses incurred duplicating a copy for the Client.

 

ELECTRONIC COMMUNICATIONS

  • The Client consents that electronic communications via email will be the primary mode of correspondence between both parties and the Client agrees to be easily contactable by email provided in this Agreement.
  • The Client agrees that the Firm 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 revenue or anticipated profits, or disclosure or communication of confidential or proprietary information.
  • The Firm disclaims and waives any liability or responsibility whatsoever for the interception or unintentional disclosure of emails transmitted by the Firm in connection with the performance of this Agreement.

 

GOVERNING LAW

  • In the event of any dispute, both parties must make all attempts to resolve the matter through OMARA before taking legal action.
  • If a dispute is not resolved by OMARA, this Agreement will be governed by and construed in accordance with the laws of Victoria and any claims will be brought to the Victorian Civil and Administrative Tribunal (VCAT).

 

ENTIRE AGREEMENT AND SEVERABILITY

  • This agreement is the entire agreement between the parties in relation to the agreed migration serviceand supersedes all previous representations or proposals that are not incorporated in this Agreement.
  • If any provision in this Agreement is deemed by a court of law to be invalid, those invalid provisions are to be severed from the remainder of this Agreement and all other provisions of this Agreement are deemed valid and will continue to remain in force.

 

FIRM’S PREPARATION TIME

  • If the Firm exceeds the preparation time stated in Firm’s Preparation Time in this Agreement due to the Client’s failure to respond to the Firm’s request in a timely manner, the Firm reserves the right to charge the Client additional fees and will provide written notice as soon as they are to be incurred.
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