Agreement for Services and Fees – FIXED RATE

RMA Name: Australian National Visa Service (ANVS)

ABN: 21 032 761 357

MARN: 1466971

 

Australian National Visa Service (ANVS) Standard Agreement of Services and Fees

 

These terms and conditions will apply if you request that ANVS undertake work on your behalf unless otherwise modified or replaced in writing.

 

The “Estimate of Fees” (if provided independently) is an integral component of this Agreement for Services and Fees and is to be incorporated into it.

 

ANVS specifies herein our specification of the terms and objectives of our engagement together with the scope and limitations of the immigration services we will provide.

 

Deliverables

 

The objective of our professional services is to present the visa application to the Department of Home Affairs (DOHA) in compliance with Australia’s immigration laws, policies and procedures. Before submitting visa applications, skill assessments, and other tasks may be required.

 

We may provide recommendations on how you can best comply with Australian Government requirements to lodge a valid and complete visa application.  You must be aware that lodging a complete visa application may depend upon time constraints such as to when any existing visas may expire and when you wish your application to be lodged.

 

Specific exclusions to the scope of services

 

Any requirements arising after submission of the visa application to the DOHA is an excluded service and is not incorporated with the Estimate of Fees. This will specifically include requests for additional information, Public Interest Criteria notifications or requests, Requirements to lodge  any Assurance of Support.

 

Excluded services may be provided to you for an additional fee agreed between us before the work is undertaken.  Payment is required upon acceptance of the Change Order.

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Please note provision of bogus, false or misleading information or documents, including documents of identity, is a criminal offence and can result in visa and review applications being refused; and any visas granted on the basis of those documents or information being cancelled.

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Changes in Policy or procedure (inserted 6 Sept 2018)

Migration Law and State Migration requirements, policies and/or procedures are subject to change periodically. The details specified by a Representation Agreement (the Agreement) are current as at the time of preparation, however changes to Migration Law, Regulations and State policies or requirements may affect your eligibility for the visa proposed within the Agreement. Such changes may occur without prior notice and may include the specification of eligible occupations or the conditions to be satisfied for the grant of a visa, etc. This may affect your eligibility for grant of the visa.

 

Where there is a change in policy and/or procedure and/or requirements that will affect your eligibility for a visa, we will in the first instance attempt to identify an alternate pathway and let you know of any change in the process or cost of the visa. If an alternate pathway cannot be identified, or any change in the terms of our representation cannot be agreed, then this agreement will terminate.  

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On termination of the agreement, ANVS will be entitled to retain any payment for work completed. If funds held are insufficient to meet the cost of work undertaken and not yet paid, then an invoce will issue for the value of such work. If the funds held are more than the value of work completed, then any excess will be returned to the client. 

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The Client agrees that ANVS will not be subject to any further liability in such circumstances. 

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Our obligations to you

 

• Act honestly and fairly in your best interests;

• Treat you with respect and recognise that clients have diversity, different cultures and values;

• Our fees and charges are fair and reasonable, based on the complexity of work to be undertaken, and reflect our experience, knowledge and skills within the profession;

• Act with due skill and diligence, responsibility, promptness and courtesy;

• Maintain your confidences and privacy;

• Avoid conflicts of interest, disclose any personal or professional interests or commissions;

• Communicate effectively and promptly with you; and

• Follow any lawful instruction you give us consistent with the scope of services and the terms and conditions of this Agreement.

 

Your obligations to us

 

• Give us full and clear instructions;

• Be honest and lawful in your dealings with us (it is an offence to provide false or misleading, information, a bogus document or inaccurate personal identity information);

• Treat us with respect and trust;

• Provide documents and information within the timeframes provided;

• Understand the fees and costs associated with your matter and pay these as required under this agreement;

• Ask us questions should you not understand what is required;

• Keep us informed of any change in address, contact details or if there is any change in your circumstances (we will determine if the change is material to your application); and

• Make appointments to see your migration agent so that we can devote sufficient time to your matter and prepare any documents for you as appropriate.

 

Your responsibilities

 

• Provide documents and information in a timely manner or by a date specified in communications; (work on your matter can not commence until all documents and information have been provided to us);

• Provide us with original documents together with one clean copy of each document as requested by us in a timely manner, alternatively email us colour scans of documents;

• Telephone calls made to us outside of our normal business hours is considered additional service and may be charged accordingly.

 

Bank Account Details for payment of fees and charges

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Details of our Bank Account will be included on our Invoice/Statement of Service

 

When our fees become payable

Funds will be drawn when a block of work is completed or otherwise as specified by the Estimate of Fees. The value of fees drawn will either be in accordance with the amount specified by the Estimate of Fees or as a proportion of the work completed against the total value of work to be completed which is to be determined at the absolute discretion of ANVS. Fees paid, or payable, are not refundable unless otherwise specified in our terms of service or Estimate of Fees. Similarly, any deposit paid to secure our engagement or for any other reason will not be refundable unless otherwise specified in this agreement or in the estimate of fees. 

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Termination of services

 

Either party may terminate this Agreement at any time by giving written notice. Upon termination the client will pay the agent for the work undertaken to that point in time. Excess funds held in the Clients’ Account will be refunded to you.

 

Retention of documents

 

It is a requirement under our Code of Conduct to retain engagement documentation for a period of seven years, after which time we will commence the process of destroying the contents of our engagement files.  To the extent we accumulate any of your original documents during the engagement, these documents will be returned to you promptly as soon as they are sighted and certified as being true copies.  You will provide us with a receipt for the return of such records.  The engagement file is our property, and we will provide copies of such documents at our discretion and if compensated for any time and costs associated with the effort particularly if you have been given copies of those documents during the course of the engagement. We may charge a fee for the process of copying and certifying your documents.

 

In the event we are required to respond to a subpoena, court order or other legal process for the production of documents and/or testimony relative to information we obtained and/or prepared during the course of this engagement, you agree to compensate us at our prevailing hourly rates, currently established at AUD$230/hour, for the time we expend in connection with such response, and to reimburse us for all of our out-of-pocket costs incurred in that regard. 

 

Privacy Act & Client Confidentiality

 

We are not bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988.  However, as a matter of internal policy and in complying with our obligations under the Registered Migration Agents Code of Conduct we adhere to the underlying values contained in the APPs.  The personal information you provide to us is collected, used and disclosed to other entities in the continuance of your immigration matter where you have a reasonable expectation that your personal information will be used and disclosed by us.  This could include, but not limited to, the Department of Home Affairs, skills assessing authorities, your sponsor (family sponsor or employer sponsor/nominator), regional certifying bodies (visa subclass 187), State or Territory Governments (for sponsorship/nomination purposes, for example subclass 132, 188, 190, 487, 489, 887 and 888 visas); and the Australian Federal Police and/or foreign police services (where you request us to apply for police clearances on your behalf).    

 

Your personal information will be disclosed where there is a legal obligation placed upon us to do so. 

 

Consumer protection

 

Should you have a problem with our service you are encouraged to bring this to our attention quickly so we may resolve the issue fast and courteously.  Our aim is to ensure the problem has been rectified to your satisfaction.

 

In the event a dispute continues this Agreement for Services and Fees is governed by Australian Consumer Law (ACL). Information about the rights and obligations of businesses and consumers under the ACL can be found on the Australian Government’s Australian consumer law website consumerlaw.gov.au. 

 

Client Acknowledgement and Confirmation

 

Please contact us if you have any queries about this Agreement for Services and Fees.  On engagement you acknowledge that you have read and understood the Fee Estimate and the Agreement for Services and Fees and the associated terms and conditions. 

 

If you proceed to use our services, this will be taken as acceptance of this engagement and its terms and conditions.

 

As a Registered Migration Agent and a Member of the Migration Institute of Australia you will be provided the highest standard of ethical and professional service. 

 

This Agreement conforms to the Code of Conduct, a copy of which is available from the Office of the Migration Agents Registration Authority.

 

Thank you for choosing Australian National Visa Service to assist you with your immigration matter. We look forward to developing a strong and mutually satisfying working relationship with you.  

 

Australian National Visa Service

Last Updated 14 Apr 2020