Terms & Conditions
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APPOINTMENT OF AGENT
The Client appoints the Agent to represent the Client and to perform the services described in this Agreement.
This Agreement comes into effect upon the Agency fee being transferred into the Agent’s client account.
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CODE OF CONDUCT (THE CODE)
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The Code is intended to regulate the conduct of registered migration agents by introducing a proper standard for business conduct as a registered migration agent. Agent is obligated to follow the rules written in the code by law. You may find a copy of the contract from the link below.
https://www.mara.gov.au/tools-for-agents-subsite/Files/code-of-conduct-march-2022.pdf
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WHO WILL PERFORM THE WORK
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The Client acknowledges and consents to the immigration assistance covered by this agreement being provided by Hasan Ilgin Azazi MARN 2318123
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THE AGENT GUARANTEES THAT HE
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Is actively registered with the Migration Agents Registration Authority.
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Agent comprehensively understands the Migration Act 1958, Migration Regulations 1994, and all other relevant/related laws, rules, policies, and procedures.
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The agent guarantees that the agent will act/work in the best interest of the client contracted on this agreement to reach the client’s objectives.
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THE CLIENT GUARANTEES THAT:
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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.
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The Agent does not guarantee the success of any application.
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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.
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The Agent is not obligated to provide any refund should the application be refused for reasons outside the Agent’s control.
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The Agent will be under no obligation to submit the client’s application to the Department or review body until payment in full for all fees due and payable at that stage has been made.
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The Agent has provided the Client with a copy of the booklet titled Consumer Guide
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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.
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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 acknowledgment of the receipt of the advice if, notwithstanding the advice, the Client still wants the Agent to apply.
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The Client bears the risk that changes in immigration law may cause an application to be refused.
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The Client will respond promptly to requests by the Agent to provide further information or documents.
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The Client will not hold the Agent responsible for delays caused by the Client’s failure to promptly provide information or documents.
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The Client is aware that failure to provide required documents will likely lead to an application being refused.
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The Client confirms that all information provided to the Agent is, to the best of the Client’s knowledge and belief, accurate and current and that all documents supplied are genuine and authentic.
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The Client is aware that providing false information or documents is likely to result in an application being refused.
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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.
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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.
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The Client will not sell property, leave employment, finalize any business or personal affairs, or take similar steps in anticipation of obtaining a visa without first notifying the Agent.
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The Client will advise the Agent of any change in contact details within two weeks of the change.
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The Client agrees that the Agent is the sole contact with the Department and will not contact the Department without the Agent's agreement.
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The Client agrees that if the Client breaches Clause 5.19, 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 $100 per hour for any additional services required as a result of the breach.
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The Client agrees that if they make any payment via credit card, a merchant transfer fee will be imposed and disclosed on the invoice.
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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 sponsorship agreement.
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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.
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TERMINATION OF AGREEMENT
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This agreement will be terminated upon the Department of Home Affairs' decision regarding the visa that the applicant/agent has applied for.
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Before the application decision, the client may terminate this agreement by providing written advice to the Agent.
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Before the application decision, 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 section 57 of the Code.
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If the agreement is terminated, the Client must pay any fees outstanding for work already performed by the Agent. The Client is not required to pay any fees for work not yet performed by the Agent
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When the agreement is terminated, the Agent must deal with the Client’s file by s53 of the Code.
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RETENTION OF DOCUMENTS
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As a requirement of s56 of the code of conduct, the agent will keep records of the client's files for 7 years. Including:
(a) a copy of the client’s application or other immigration matter;
(b) copies of all service agreements between the agent and the client and any variations to the agreements;
(c) copies of all written communications (including electronic communications) between:
(i) the agent and the client; and
(ii) the agent and any other person or organization, to the extent that the communications related to the client;
(d) all records made under section 55 about the client;
(e) records of material, oral communications between the agent and any person or organization other than the client, to the extent that the communications related to the client;
(f) copies of all invoices and receipts given by the agent relating to the client;
(g) copies of all personal documents relating to the client given to the agent by, or on behalf of, the client;
(h) evidence of the safe return of any original documents belonging to the client and given to the agent.
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The Agent agrees to keep all other records required by s55 and s56 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.
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The Client has the right to receive a copy of their file in digital format
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In case client switches to a different migration agent, the agent of Immigration & Visa agency Australia, will securely transfer all client records to the new agent. And then, erases all records and documents in relation to the client.
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CONFIDENTIALITY
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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.
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If applicable, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act.
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RESOLUTION OF DISPUTES
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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.
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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).
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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.
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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.
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A Client may vary the procedure set out in this Part if the Client can establish that the Department of Home Affairs may require the Client to depart Australia.
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ELECTRONIC COMMUNICATIONS
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The Agent disclaims and waives any liability or responsibility whatsoever for the interception or unintentional disclosure of emails transmitted by the Agent concerning the performance of this engagement.
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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.
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RELEVANT LAW AND JURISDICTION
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These conditions and all aspects of the performance of our services for you are governed by, and you agree to be bound by, the laws of the state the applicant lives, MIGRATION ACT 1958, MIGRATION REGULATIONS 1994 and MIGRATION AGENTS REGULATIONS 1998
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The Client and Agent irrevocably submit to the exclusive jurisdiction
of the courts of the states and/or the Migration Agents Registration Authority.