Terms and Conditions
1. Statement of Services –
1.1. Services to be supplied by us to the visa applicant, the sponsor, each dependent and partner, and any person acting on behalf of such persons (collectively “you”) under the proposal (“Proposal”) given to you by us under these terms and conditions (“T&C”) are exhaustively listed in a pro-forma statement of services (“Statement of Services”) and a pro-forma tax invoice (“Tax Invoice”) provided to you accompanying the Proposal, unless otherwise amended in writing by us.
1.2. Unless otherwise stated in the Statement of Services, our fees charged under the Statement of Services only cover the conceptual advice given or delivered immediately upon or before payment of those fees. You agree that all services to be provided under the Statement of Services have been completed upon our provision or delivery of advice on or before the date of the Proposal and, if applicable, the issue of any requests for documents by us or the provision of details of forms or templates or related materials to be used in the application process, or both.
1.3. Our pro-forma Statement of Services and Tax Invoice becomes the final Statement of Services and Tax Invoice (as the case may be) upon the earlier of (i) your full payment of the fees stated therein, or (ii) our supply of advice or the issue of checklists or the provision of details of forms or templates or related materials to be used in the application process, as the case may be. Unless otherwise stated in writing by us, the Proposal does not cover any advice on any advice on any bridging visa, work rights application or change of status application or permissions nor any related applications for further stay. Unless otherwise stated in writing by us, the Proposal covers up to ten (10) hours of post- lodgement advice and support provided by our staff.
2. Disbursements –
2.1. Our fees do not include disbursement that might be incurred by us on your behalf or in relation or incidental to any matter stated in the Proposal or any matter over which you have instructed us to act, handle, help or assist for or on behalf of you (collectively “Matters” and each a “Matter”) or any cases, actions, motions, applications and requests (collectively “Cases” and each a “Case”) with the Department of Immigration and Border Protection (“DIBP”), the Administrative Appeals Tribunal (“AAT”) , any governmental, judicial, administrative, regulatory, assessing, independent or professional authorities, tribunals, organs, bodies, organisations (whether incorporated or unincorporated) and individuals (whether in public or private capacity or otherwise) (collectively and together with DIBP, AAT, “Authorities” and each an “Authority”), including but not limited to fax, photocopying, telephone, courier, postage, printing, travel and transportation, and any and all fees, charges, costs, expenses, penalties, damages, compensations, debts, undertakings and outgoings (collectively and together with all our fees, charges, interests, rates and surcharges listed in “Fees and Expenses” below in these T&C, “Expenses”) payable to any Authority or any third party.
2.2. The amounts payable to DIBP under and pursuant to the Migration Act, the Migration Regulations 1994 and other applicable rules and regulations (as may be amended from time to time) (collectively “Migration Laws”) are typically itemised in Form 990i and “frequently asked questions” information sheets (“FAQ”) as revised from time to time and typically published at www.immi.gov.au/allforms. Printed copies of Form 990i and FAQ will be supplied by us upon request and full payment of all applicable fees and charges. Fees payable to the AAT are noted on the AAT website, including at https://www.aat.gov.au/migration-and-refugee-division/steps-in-a-review/how-much-will-it-cost
3. Provisions of Documents, Information, etc. –
3.1. Notwithstanding anything in the Proposal and any communications between you and us, whether oral or in writing or any electronic means (“Communications”), you remain solely and absolutely responsible to (a) fully comply and keep fully complied with each and every requirement, prohibition and condition of any Migration Law, visa, permit, passport, qualifications and insurance policies; and (b) ensure that all documents, forms, information, materials, statements, representations, confirmations, instructions, instruments, submissions and Communications (collectively “Materials”) required or requested for by us, whether in connection with any Case or Matter or otherwise, including but not limited to current police clearances, medical reports, health check results, English assessment results and health insurances policies, are provided to us in full in a timely manner and at your own cost.
3.2. You further undertake, covenant, warrant and represent to us that (a) all Materials provided or caused or procured to be provided by you to us are true, genuine, accurate, complete and not misleading in any aspect; (b) unless you have informed us in writing to the contrary at the time the Proposal is given by us to you, you are not, have not been, and will not become any party to any labour agreement (as defined in applicable Migration Laws), and you are not, have not been, and have not committed any act or omission which might cause you to become, the subject of any investigation, sanctions, enforcement, litigation, administrative procedure, undertakings, punishment, penalties, liabilities or responsibilities, whether civil, administrative or criminal, pursuant to any Migration Laws, any applicable laws, or any regulations, rules, by-laws, directives, judgments, orders or decisions of any Authorities; and (c) you must forthwith on demand fully indemnify us, keep us fully indemnified and hold us harmless against any Expenses, liabilities, responsibilities and risks, whether actual or potential, arising from or in connection with any Materials provided by you to us which may be false, falsified, inaccurate, incomplete or misleading in any aspect.
4. Fees and Expenses –
4.1. Any service not expressly in a Proposal to be covered by a fixed price quote will be charged at our hourly rate then applicable for the time being and up to $525 per hour plus any surcharges, adjustments, interests, rates and increases pursuant to these T&C, depending on the complexity of such work.
4.2. Where any Case is not finally decided by the relevant Authorities within three (3) months in the case where the Case relates to an application for a temporary visa or twelve (12) months in the case where the Case relates to an application for a permanent visa, a monthly administrative fee of $125 applies.
4.3. Dishonour fees of $35 apply to any unsuccessful attempts we make to charge your credit card. Subject to all applicable laws, an administration fee of $65 per month plus an interest at the annual rate of 12.5%, accrued daily and compounded monthly, applies to any outstanding invoices.
4.4. Failure to provide us with all documents requested by us within the deadline specified in our request or in any event within fourteen (14) days after the date the relevant request is made automatically attracts a rush processing fee calculated at our hourly rate in requesting for, following up and handling such documents on a rush basis.
4.5. If we are served with any adverse notification from any Authorities other than arising from our own fault or if you fail to attend a scheduled conference, hearing or meeting, a standard consultation fee will apply.
4.6. An automatic 10% increase will apply to any fee quote, hourly rates and consultation fees on account of any services performed after each anniversary of the date of the Proposal.
4.7. A surcharge of 20% will automatically apply to all our fees and charges in relation to any Case or Matter if you are outside Australia at any point of time between commencement of our involvement in any way in the relevant Case or Matter up to termination thereof.
4.8. You acknowledge that a commission may be payable to us in relation to any Case or Matter and any such amount is currently unascertainable. You authorise us to retain any such commission without any further notice to you.
4.9. Any prices quoted in these T&C are exclusive of any applicable GST. “GST” has the same meaning as that term does in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
5. Reductions, Discounts and Variations –
5.1. Any reductions, discounts, waivers of fees or charges or fixed price quotes we may offer to you are offered on the basis that you agree, covenant and undertake to engage us as the sole and exclusive agents, advisers and service providers in connection with all Matters and in particular any future permanent residence visa application as may arise from time to time. Any discounts offered to any of our invoices are effective only if the relevant invoice is paid in full within seven (7) days after the date thereof.
6. Acceptance of Engagement –
6.1. Subject to our absolute discretion to refuse or terminate any engagement at any time and subject further to the terms of the Proposal, the Proposal constitutes our written confirmation that you wish to engage us to act in the Matter to which the Proposal is related. Our acceptance and continued acceptance of your engagement is, without any notice served on you by us to the contrary, deemed to take effect upon your full payment of all our invoices in relation to the Proposal and any Matter in which you are our client. Where a written engagement is required, our acceptance of your instructions takes effect when we communicate our acceptance to you.
6.2. After our acceptance of your engagement, you may give further instruction to us by letter, fax, email, text message or over the phone, so long as the medium of giving such instructions is reasonable in the circumstances.
7. Authority –
7.1. By accepting our Proposal you authorise us, to the fullest extent permitted by applicable law, to sign, execute, file, lodge and submit to any Authorities (collectively “Filing”) any Materials as we consider appropriate related to any Matter, and you further undertake and covenant on demand to fully indemnify us and keep us fully indemnified against any and all claims, loss and Expenses arising from or incidental or related to any Filings.
7.2. You further authorise us to (a) withdraw money from any client account you may have with us immediately upon incurrence of any Expenses by us or our issue of any invoice to you in relation to any Matter, including but not limited to the invoice attached with this document; and (b) charge your credit card on any outstanding amount or sum for the time being owed by you to us.
7.3. You further authorise us to file, cancel, terminate, appeal, make application(s), apply for review, or terminate any Case to or with any Authority in relation to any Matter. You understand and agree that in the course of acting, handling, helping or assisting for or on behalf of you on any Matter, we may refer any Material to any third party as we may in our absolute discretion consider appropriate and conducive to the Matter.
8. No Guarantees or Assurances –
8.1. Notwithstanding any Communications between you and us and anything Material we may have published or communicated to you, we do not give any guarantee, warranty or assurance to (a) the outcome of any Case or Matter Filed at or with any Authorities; or (b) the time taken by us, any Authorities, or any third parties to complete or determine any Case or Matter. You hereby acknowledge and agree that any estimation or prediction on any outcome or time taken in relation to any Case or Matter communicated to you by us, whether in the past, present or future and regardless of the form, substance, wording or content in which such estimation or prediction may be communicated, is only a rough estimate based solely on our past experience in handling Cases and Matters for other persons generally and in no way constitutes any guarantee, warranty or assurance undertaken or assumed on our part and we hereby absolutely disclaim any liability or responsibility for any delay in time or any outcome which might in any way or manner be inconsistent with any such estimation. This clause overrides absolutely the content of any Communications between you and us whether in the past, present or future to the extent the same may in any aspect, way or manner be inconsistent with this clause or any part hereof.
9. Statutory Deadlines and Requirements –
9.1. Strict non- extendable deadlines prescribed by Migration Laws apply to most Case and Matters related to immigration, migration, visas and citizenships. Failure to comply with such deadlines typically result in dismissal, refusal, striking out, suspension, adverse decision or judgment, re-application, preparation and Filing of further submissions, and/or substantial delay in relation to the Case or Matter in question. Notwithstanding any Communications between you and us and anything Material we may have published or communicated to you, it remains your sole responsibility to keep yourself aware of and compliant with (a) any deadlines applicable to any Case or Matter, and (b) any salary level applicable to your application for any working visa or any nomination thereunder, both of which are subject to charges from time to time.
9.2. You agree to provide all Materials and written instructions as and when required in a timely manner and in any event before the earlier of (a) any deadline stated by us for provision of such Material in our Communication with you or (b) at least ten (10) business days before any applicable deadline pursuant to Migration Laws governing Filing of such Materials.
9.3. Unless otherwise stated by us in any Communication between you and us, any Materials provided to us must be in originals or copies duly certified by competent persons, and if not in English must be accompanied by English translations certified by a person qualified or accredited (as applicable) by the country in which such translation is performed. Delivery of such Materials or any Communication to us must, unless otherwise stated by us to the contrary, be by registered mail to Locked Bag Q4003, QVB, NSW 1230, Australia or by courier to our national office address at Level 9, Suite 95, 420 Pitt Street, Sydney . Each year our offices are closed and unattended during the period from four (4) business days before Christmas day until ten (10) business days after New Year’s Day, and on any other days might be closed and unattended for offshore migration work, renovation, emergency evacuation, or any other reason. If your Matter relates to application for a permanent visa, you understand and agree that our processing of Cases and Matters in relation to temporary visas generally takes precedence over those in relation to permanent visas.
10. Communications –
10.1.Until the earlier of (a) the Case in relation to your Matter having been decided by the relevant Authorities, or (b) the termination of your engagement with us on all Matters, you must remain in contact with us promptly whenever required by us and in the absence of any such request at least once every calendar month.
10.2.All of our attendances, Communications (whether with you, any Authorities or any third party) and any other of our actions in relation or incidental to any Matter will be chargeable at our standard hourly rate based on actual time spent by us on attending such matter. Our attendance to any meeting, conference and hearing with you, any Authority or any third party will unless otherwise stated by us in writing be treated as consultations and charged accordingly. A surcharge of 10% on our usual hourly rates automatically applies on our handling of any Materials received by us less than 72 hours before any applicable deadline on submission of the same (whether in its original or modified form and whether or not accompanied by any other Materials) to any Authorities.
10.3.Immediately on receipt of the Proposal you will provide to us your current mail address, email address, telephone number and (where applicable) fax number (collectively “Contacts”), and on change of any Contacts you must immediately inform us of such change and provide us of all updated Contacts.
10.4.Any fee quotes and standard charges we may at any time communicate or have communicated to you assumes that all Communications between you and us are conducted through Internet and a surcharge of 10% on any such quoted fees or standard rates may apply on any Communications between you and us that have to be handled by us other than through the Internet. Instructions provided to us outside of normal business hours by voicemail or text message will attract a manual transcription compliance fee of $20 per message, and we offer no guarantee of response to text messages.
11. Confidentiality –
11.1.You must keep secret and protect the confidential nature and secrecy of any Materials and any Communications which are or may be in any way confidential in nature (collectively “Confidential Information”). Your must immediately on our request return to us all Materials and Communications and all copies thereof (except originals of documents owned by you pursuant to applicable laws) in your possession relating to or containing any Confidential Information, whether or not such documents were created by us. You further undertake not to retain any copies of any Confidential Information or any documents that incorporate any confidential information.
11.2.You undertake, covenant, represent and warrant to us that you will in no event, save required by any applicable law or with our prior written approval, pass or communicate to any third party any Confidential Information, including but not limited to anything relating to the Proposal or any Matter or any transactions to which the Proposal or any Matter relates.
11.3.You acknowledge that knowingly providing false Materials may constitute an offence.
11.4.Upon the earlier of (a) completion of all Matters or (b) the termination of all engagement between you and us, you may request any papers to which you are entitled pursuant to any applicable law.
11.5.You authorise us to destroy any Material and any Communication related to any Matter two (2) years after our ceasing to act for you in the relevant Matter.
12. Disclaimer –
12.1.These T&C, the Proposal, the Statement of Services, the Tax Invoice and all contracts and transactions thereunder (collectively “Contract”) collectively constitute the contract between us on one hand and you on the other hand, and accordingly by accepting the Contract you agree that (a) any services, acts and obligations to be performed by us under or in connection with the Contract, any Case or Matter may be performed by our employees, associates, partners, agents and/or representatives (collectively “Agents” and each an “Agent”); (b) any Agent performing such services, acts or obligations does so on our behalf only and no relationship, whether in contract, tort, agency, fiduciary, bailment or whatsoever, exists between you and any Agent; (c) the benefit of any and all authorisations, permissions, powers, covenants, warranties, representations, undertakings, waivers and immunities conferred or made to or with us by you at any time, whether under the Contract or otherwise, automatically extend to all Agents; and (d) no claims arising from or in connection with the Contract or any services provided or any Expenses incurred thereunder may be raised by you against any Agents and to the fullest extent allowed by applicable law you waive all claims as may at any time arise or exist against each and every Agent.
12.2.To the fullest extent permitted by applicable laws we hereby disclaim, and you hereby agree, undertake to and covenant with us that you must not pursue, any claim against us in relation to any Matter save in the case of actual fraud or recklessness. You further acknowledge and agree that all our services provided in relation to any Matter are so provided on reasonable endeavours basis only. While we will use our reasonable endeavours to safeguard any Materials exchange between you and us, you acknowledge and agree that all such Materials are so exchanged at your own risk, and we are not responsible for any loss or damage arising from any Material or Communication being damaged or lost in the course of being delivered or transmitted between you and us. However, nothing in the Contract is intended to exclude or restrict the application of any non-excludable terms under the Competition and Consumer Act 2010 (Cth) and other consumer protection legislation.
12.3.You agree to notify DIBP directly of any change of your circumstances in relation to any Case and forward to us a copy of such Materials and Communication. You hereby authorize us to close all files relating to any Case or Matter as we in our absolute discretion deem appropriate if we do not receive any Communication from you within fourteen (14) days of sending you a reminder by letter or email to such effect.
12.4.For the purpose of the Contract all letters are deemed to have been received four (4) business days after the date of posting if posted by domestic mail and ten (10) business days after the date of posting if posted by international mail.
12.5.We value our reputation and brand name and have systems in place to deal effectively with complaints. You should contact us if you have any concerns about our services.
12.6.We reserve all rights to take any legal action and pursue all claims for loss and damage suffered by us arising from your lodgement of any complaints against us to any Authorities and the Authorities subsequently concludes the case in our favour.
12.7.Should any dispute arise between you and us in relation to any Expenses arising from or in connection with any Cases, Matters or the Contract, such disputes will in the first instance be costed by an accredited specialist in immigration law and you will be solely responsible for all Expenses arising from or in connection with such costing.
13. Termination –
13.1.We reserve our rights, without prior notice, to cease acting for you and terminate all Cases, Matters and the Contract in relation to any Matter if we at our absolute discretion determine that (a) you failed to provide instructions or any Materials required by us from time to time; (b) you failed to pay in full any invoice or Tax Invoice issued by us in relation to any Case or Matter; (c) you requested us in writing to cease acting for you in that particular Matter, including but not limited to where you so inform us of your decision to handle the Matter on your own with any Authority directly; (d) you have failed to make or continue to make full and frank disclosure to us any Material or Communication which may be relevant to any Case or Matter; (e) there is any change of any Migration Law which affects the chance of attaining the target outcome in any Case or Matter; (f) at any time you fail to act in accordance with our advice; or (g) there exists any actual or potential conflict of interest either between you and us or between you and any of our existing or former clients if we act or continue to act for you in the relevant Case or Matter.
13.2.Upon termination of the Contract (1) we may after such termination invoice you for any work done before such termination; (2) if you have previously agreed to a fixed fee quote or invoice amount, you must immediately pay such outstanding invoice or fees in full forthwith upon such termination; (3) if you have agreed to be invoiced at an hourly rate, you must immediately upon such termination pay in full all Expenses, including our hourly rate fees and disbursements, incurred up to the date of such termination; (4) we are entitled to and will exercise a lien over all Materials in relation to all Cases and Matters related to you until you have paid in full all outstanding Expenses, invoices and tax Invoices in relation to all Cases and Matters.
14. Miscellaneous –
14.1.In these T&C, “we” and “us” refers as the case may be (at our discretion) to MyVisa Australia Pty Ltd trading as MyVisa® or MyVisa Global Pte Ltd and any and all its trademarks and trade names as may be owned or used from time to time, together with its Agents.
14.2.You acknowledge that you have received a copy of the brochure about the provision of advice in the migration industry. Please contact our office if you require a further copy.
14.3.You acknowledge that these T&C apply to the Proposal and any subsequent Matters. During the continuity of this agreement, MyVisa® and any trademark and trade name for the time being owned or used by MyVisa Australia Pty Ltd are used under license by the registered practitioner handling and/or having responsibility of the Matter. The practitioner handling and/or responsible for any Matter may change from time to time without notice.
14.4.In these T&C, any terms that are in singular form include the plural and vice versa, any reference to one gender includes the other gender and the neuter, “$” means Australian dollars and “%” means per cent.
14.5.These T&C as applied to any Proposal or any Matter may be amended by us without prior notice or consent on your part.
14.6.If any part of these T&C is inconsistent with any applicable law such part is deemed to be excluded to the extent of any inconsistency or have been amended by consent of all parties to the extent that would make the T&C fully compliant with such applicable law, at our option.
14.7.The T&C, any Proposal, and all Matters are governed by the laws of New South Wales and the parties unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning the same.
14.8.These T&C are to be read in association with all Communications between you and us.
14.9.These T&C and any associated Materials may contain confidential or legally privileged information. If you are not the intended recipient, be aware that any disclosure, copying, distribution or reliance upon the contents of these T&C and any accompanying Materials is strictly prohibited and we will not be responsible for any use, reliance or disclosure of these T&C and any Materials by any person other than the intended recipient thereof. If you have received this document in error please inform the sender and then delete this document.
14.10. We reserve all our rights to MyVisa® , all trademarks, trade names and domain names as may be owned or used by us from time to time.