IPANDA Education & Migration

1.     Appointment of Agent

a)     The Client designates IPANDA Education & Migration to represent them and perform the Services outlined in this Agreement. The nominated Migration Agent (“Agent”) from IPANDA Education & Migration representing the Client will be determined upon the Client’s execution of DHA From 956 – Appointment of a registered migration agent, legal practitioner or exempt person.

b)     The Agent will provide immigration assistance to the Client in accordance with this Agreement. The Client agrees and acknowledges that their nominated Agent may collaborate with other Migration Agents or administrative staff of IPANDA Education & Migration from time to time. The Agent will ensure that any work performed by administrative staff on their behalf is appropriately supervised in compliance with the Agent’s obligations under the Code.

2.     Consumer guide

We have attached a copy of the Consumer guide (Appendix A) for your review. By signing this Agreement, the Client acknowledges that the Agent has provided them with a copy of the Consumer guide.

3.     Ethical Obligations

As registered migration agents, we are obliged to comply with ethical and legal requirements regarding our professional conduct.

4.     Observance of Code

a)     The Code of Conduct for registered migration agents 2022 (“Code”) is designed to govern the conduct of registered migration agents.

b)     In the event of any inconsistency between this Agreement and the Code, the Agent and Client agree to amend this agreement to comply with the Code, subject to the variation provisions outlined in this agreement.

5.     Services to be provided

The Agent agrees to provide the following Services:

a)     Provide advice relating to the Client regarding their choice of visa category.

b)     Provide frank and candid advice to the Client regarding the prospects of success of the proposed application. It is important to note that the Agent cannot guarantee the success of an application.

c)     Analyse current Immigration Law relating to the nominated visa category or review application.

d)     Assist in the completion and/or checking of relevant application forms.

e)     Provide advice and assistance relating to documentation required to support the application.

f)      Prepare any necessary supporting submissions to the relevant Assessing Authority, the Department of Home Affairs (“Department”) or review body.

g)     Submit the application to the relevant Assessing Authority, Department or review body for processing as soon as practicable.

h)     Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the Client.

i)      Wherever possibly, assist the Client to comply with any requests made by the Department or review body.

j)      Keep the Client fully informed of all developments concerning the progress of the application.

k)     Promptly advise the Client of any communications from the Department or review body.

l)      During the processing of the application, advise the Client of any changes to the law or Departmental policy requirements affecting the visa application.

m)   Advise the Client promptly of the outcome of the application.

n)     Provide post-grant migration advice regarding visa conditions and requirements.

o)     Any other services agreed upon by both parties.

6.     Who will perform the work

All immigration assistance will be provided by the Responsible Agent(s) listed in this agreement.

a)     Other migration agents in the same firm as the Responsible Agent(s) may also work on the Client’s matter, and will be considered as Responsible Agents.

b)     Administrative services may be performed by other staff member, but all Responsible Agent(s) will properly supervise the work carried out by any staff working for the Responsible Agent(s).

7.     Acknowledgments by Agent

The Agent guarantees that he or she:

a)     Is registered with the Office of the Migration Agents Registration Authority (MARA).

b)     Has sufficient knowledge of the relevant laws to be able to competently provide the agreed services.

c)     Maintains the required level of Professional Indemnity Insurance.

d)     Has no conflict of interest or has otherwise complied with the requirements of section 34 of the Code.

e)     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.

f)      Will act in accordance with the law and in the best interests of the Client, and deal with the Client professionally, competently, diligently, ethically, honestly, and with integrity.

g)     Will ensure that the Client has access to an interpreter if necessary. The Client will be responsible for any fees charged by the interpreter.

h)     Will advise the Client in writing when any application, submission, or representation that the Agent makes for the Client is lodged with a government official. The Agent will provide a copy of the application, submission, or representation to the Client. A reasonable amount may be charged for copies.

i)      Will promptly advise the Client of any material developments that occur in relation to the application, submission, or representation.

j)      Will comply with section 19 of the Code that not to give futile immigration assistance.

k)     Will work on the Client’s matter in a timely manner.

8.     Acknowledgments by Client

The Client agrees and acknowledges:

a)     The Agent will only be able to advise about the immigration law at a specific point in time but cannot predict future changes in the law.

b)     The final decision on an application submitted to the Department is beyond the Agent’s control.

c)     The Client will respond promptly to any requests by the Agent for further information or documents.

d)     The Client will not hold the Agent responsible for any delays caused by the Client’s failure to promptly provide information or documents.

e)     The Agent will not be under any obligation to submit the Client’s application to the Department or review body until payment has been made in full or all fees due and payable at that stage.

f)      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.

g)     The Client will notify the Agent before taking any actions that could potentially affect their visa application, such as leave employment, sell property, or finalise any business or personal affairs.

h)     All information and instructions 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. All information and instructions provided to the Agent does not contain any false or misleading statements.

i)      In accordance with section 21 of the Code, if the Agent becomes aware that the Client has provided false or misleading statements or documents to a government official, the Agent reserves the right to stop providing immigration assistance to the Client until the matter has been corrected.

j)      The Client must notify the Agent during the processing of an application of any material changes in the circumstances of the Client or the Client’s immediate family, including the application and/or grant of another visa that the Agent has not been informed of.

k)     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 Registered Migration Agents.

l)      If the Agent has advised the Client in writing that, in the Agent’s opinion, an application would be futile but the Client still wants Agent to lodge the application in accordance with section 19 of the Code, the Client must provide written acknowledgement of the receipt of the advice (subject to the Agent’s compliance with paragraph 19(2)(a) of the Code).

m)   The Client must not attempt to access their application in ImmiAccount or attempt to change that application in any manner without the knowledge and express approval of the Agent.

n)     The Client or any intermediary appointed by the Client in writing must provide all required documents to verify the identity of the Client or the intermediary.

o)     The Client agrees to provide funds in advance in accordance with this agreement.

p)     The Client grants permission to the Agent to conduct a Visa Entitlement Verification Online (VEVO) check on their behalf during the service. The Agent will handle the obtained information in accordance with privacy and confidentiality obligations.

9.     Deposit

a)     The Client agrees and acknowledges that the Business will require full payment of the deposit, as outlined in Part B, which covers part of the estimated professional service fees and third-party fess associated with the Services provided by the Agent.

b)     The deposit must be paid within seven (7) days of the acceptance date of the Agreement.

c)     The deposit is non-refundable, and it represents a commitment made by the Client to proceed with the Services offered by the Agent. However, if the agreement is terminated by either the Agent or the Client and there are service fees that are relevant to services components not performed yet by the Agent, the deposit may be refunded.

d)     All deposits are to be made into the Business’s client account.

10.  Refund Policy

a)     If the Agent receives disbursements from the Client directly, the Agent will reimburse the Client for disbursements that have been refunded by the Department or review body.

b)     The Agent will refund their fees paid by the Client if this Client’s application is invalid, except when the invalidity is caused by the Client’s incorrect instructions, misleading statements, negligence or otherwise.

c)     The Agent may refund service fees that are relevant to services components not yet performed by the Agent, in the event of contract termination.

d)     The Client will receive no refunds because of an unfavourable decision on their migration matters.

11.  Termination of Agreement

a)     The Client may terminate this agreement at any time.

b)     The Agent may terminate the agreement provided the Agent complies with the requirements of section 57 of the Code.

c)     Unless there are exceptional circumstances or if the Client terminates the agreement unilaterally, the Agent must provide a written notice to the Client no later than 14 days after the termination in accordance with section 57 of the Code.

d)     The Agent must terminate the agreement if a conflict of interest arises in accordance with section 34 of the Code unless provided otherwise by this provision.

e)     If the agreement is terminated, the Agent will notify the Department or review authority that they no longer act for the Client and will advise the Client about appointing another agent.

f)      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 fess for work not yet performed by the Agent.

g)     When the agreement is terminated, the Agent must deal with the Client’s file in accordance with section 54 of the Code, namely, that all documents to chich the Client is entitled will be returned to the Client or the new agent.

12.  Retention of Documents

a)     The Agent commits to securely and confidentially retaining all documents provided by, or on behalf of, the Client, or paid for by, or on behalf of, the Client until the earlier of:

(i)          7 years after the date of the last action taken on the Client’s file; or

(ii)        When the documents are returned to the Client or handled in accordance with the Client’s written instructions.

b)     The Agent agrees to keep all other records required by section 55 & 56 of the Code for 7 years after the date of the last action taken on the Client’s file.

c)     Upon expiry of the timeframe, the Agent is authorised by the Client to destroy the above-mentioned documents and records appropriately and confidentially.

13.  Confidentiality

a)     The Agent will preserve the confidentiality of the Client. The Agent will not disclose, or permit the disclosure of, any confidential information in relation to the Client or the Client’s business without the Client’s written consent, unless required by law.

b)     If applicable, the Agent will preserve the confidentiality of the Client’s medical records and documents in accordance with the Privacy Act 1998 (Cth) and the relevant health records legislation in the applicable State.

14.  Conflict of Interest

a)     The Agent may receive monetary or non-monetary benefits from time to time while providing advice outside the scope of the Services outlined in this Agreement (i.e. non-migration advice). These benefits include but are not limited to commissions from insurance companies or reward points from the use of the credit card.

b)     In circumstances where the Agent may receive a financial or other benefit, the Agent will inform the Client at the time of providing such advice, disclosing the potential for receiving a financial benefit.

15.  Dispute Resolution

a)     If a dispute arises, the parties agree to discuss the dispute with the aim of reaching a mutually acceptable agreement. Such agreement will be documented in writing, dated and signed by both the Agent and the Client.

b)     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).

c)     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.

d)     If the dispute remains unresolved after the ACDC process, either party may commence court proceedings, provided that at least 28 days have passed since the date of referral to the ACDC.

16.  Variation of Agreement

a)     This Agreement cannot be varied unless:

(i)          each Client covered by the Agreement is given the proposed variation and the reason for the proposed variation, and

(ii)        each Client covered by the Agreement agrees in writing to the variation.

b)     If the variation relates to an adjustment of the hourly rate or fixed fee specified in the Agreement, exception circumstances must have arisen after the Agreement was signed, making it impracticable to perform some or all of the Services specified in the Agreement. In such cases, each Client will be provided with a written updated reasonable estimate of the time required to complete the Services, and each Client covered by the agreement provide written consent to the new estimate and to the continuation of Services.

c)     The requirements for varying the Agreement will be carried out in compliance with section 46 of the Code.

17.  Provisions Prohibited by Law

If any provision of this agreement, or any obligation, right, power or remedy created by a provision:

(i)          is prohibited by a law, or

(ii)        does not comply with a law; or

(iii)       is made unenforceable by a law,

the provision is to be interpreted so that to the extent the law permits, the provision and any obligation, right, power or remedy created by it, is not prohibited, complies with the law and is enforceable.

18.  Declarations

a)     The Client acknowledges that whilst the Agent will use their best endeavours and professional expertise to achieve the best possible Outcome for the Client, the Outcome is ultimately determined by the Relevant Authority, and the Agent cannot guarantee the success of any Services provided on behalf of the Client.

b)     The Agent or the Business is not obligated to provide a refund or discount on any fees paid by the Client for the Services outlined in this Agreement, in the event of an unsatisfactory Outcome.

19.  Special Conditions

a)     The Client acknowledges the immigration assistance and advice provide by the Agent, whether in written or oral form, is specifically tailored to their individual circumstances. The Agent shall not be held liable for any consequences arising from the Client’s unauthorised transmission, conveyance, or communication (including written or verbal) of immigration assistance and advice to any party outside the scope of this Agreement.

b)     The Agent may, in their sole discretion, provide complimentary Services to assist the Client in obtaining a Visa, as deemed appropriate under the circumstances (i.e. Subclass 020 Bridging Visa B).

c)     OTHER SPECIAL CONDITIONS AS REQUIRED:

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