SERVICE AGREEMENT - Terms & Conditions
Engagement:
1. By instructing us to make an application or to advise you or to represent you in any migration matter, you accept and agree to abide by these terms.
Our Service Standards:
2. We are confident that we will deliver high quality professional services and these terms and conditions are intended to ensure that all clients are aware of our policies and the terms of the professional fees pursuant to which we act for them. We are conscious of the need to provide a professional and responsive service to meet the requirements of our clients.
We shall:
• communicate in plain language;
• explain the paper work that may be required;
• keep our client regularly informed of progress;
• advise our client regularly of the costs / risk benefit of pursuing a matter;
• review the matter regularly and advise of any changes in the law, circumstances or risk which could affect the outcome.
Government, Home Office, DIAC and other Direct Payments & Costs:
3. You undertake to forward to us any sum required by us in respect of lodging your application with the relevant government authorities. You agree that you are liable for and will make payment on demand for:-
3.1 The full estimated cost of the application as indicated in your assessment or advice received from DWI (This can be paid through us or directly by the client to the relevant government authority).
3.2 The client is liable for all banking charges, exchange rate fluctuations and any other costs incurred in making payment in AUD/GBP or USD to the necessary legal authorities if DWI is making such payments.
3.3 Any statutory rate increase (that may be implemented, charged or levied subsequent to the date this document was issued to the client) including increases in lodgement fees as charged by the respective bodies such as Home Office, DIAC, disbursement fees, reviews, and ad hoc services requested and any other statutory fees and costs like notarization of copies, etc.
Additional costs
not included in the DWI professional service rates
•
Courier costs of medical forms and/or other direct requests must be paid by the client
• Any medical, police clearance or State/International/federal police clearance costs
•
Costs of any language or IELTS test must be paid by the client
• Review costs (if the first application is refused) are payable by the client in full (for visa applications and/or skills assessments)
•
Costs of certification (attestation) of documents, translation of documents to English and notarization.
Withdrawing Instructions:
4. You accept that if you withdraw or instruct us to withdraw our instructions in respect of, any application after we have submitted the application to the relevant governmental authorities, or assessment authority but before a final determination is made by such authority
DWI will not refund any amount paid by you.
4.1 Withdrawing instructions before an application is made to the relevant governmental authorities:
If you withdraw instructions after we have begun work or after we have received your application documents, but before any application has been submitted to the relevant governmental authorities, or assessment authority,
DWI will not refund any amount paid by you, excluding only government authorities fees and assessment payments (if applicable - which will be fully refundable to you).
4.2 Withdrawing instructions AFTER you have appointed DWI as a result of changes to the Immigration Act resulting in your appointed application no longer being possible, at any stage of the application but prior to lodging the visa application with the appropriate government authorities:
• DWI will first suggest an alternative visa option for you. If we are NOT able to find any realistic alternative visa option for you, we will refund a maximum of 50% (fifty percent) of the total DWI professional fees and outgoings as per the mandate, and any government authorities fees and assessment payments, if applicable will be fully refundable to you.
4.3 Withdrawing instructions after a skill assessment application is refused (if application was paid in full in advance):
• If your skills assessment application is refused, and you elect not to lodge a new skills assessment, then DWI will refund the DWI professional fees, up to a maximum of 50% (fifty percent) of the total DWI professional fees quoted in the mandate.
• It is a specific term of agreement that DWI will be entitled to charge fees for work done on the failed skills assessment, and that these fees will be no less than 50% of the total fees quoted.
Refund policy: No refund policy of any nature exists except if specifically stated in this agreement
5. DWI will accept no responsibility and you specifically agree that
DWI be not be liable for any refund of any nature, if an application of any nature is refused as a result of your failure to provide acceptable supporting evidence/documents and for any of the following reasons:
• DWI was not notified by the applicant of information (including all possible background or relevant information whether deliberately or inadvertently), which lack of information caused the visa to be rejected (examples include medical reasons, police clearances,
false, incomplete or misleading information supplied by the client);
•
Failure by the applicant to meet a required result in an IELTS or other mandatory English requirement test;
• Client delays in providing requested information; Failure by you to provide required supporting evidence when requested and required by DWI.
• Mailing delays of any nature;
• Failure to make payments due as per the terms of appointment, including payments to DWI or government authorities such as DIAC, Home Office, etc as requested result;
• Supply of false or wrong information, documents by the client in support of the application to DWI at any time of the application.
• You instructed us to proceed and lodge after we advised that we are not entirely satisfied with the merits of the application
•
Failure to provide medical exam results, x-rays, police clearances, education, financial, employment, sponsorship, or investment information in a timely manner when requested by DWI or DIAC or the Home Office.
• Failure by the client to attend any interview scheduled by the government authorities if applicable
• Neglect by the client to properly inform DWI of any change of address, contact numbers, email address or fax numbers within 7 days of such change occurring
• Should the application be refused by Home Office/ DIAC or an assessment authority for any of the following reasons:-
o Medical matters relating to the applicant or any person included in the application
o Character matters
o Provision of wrong, false or fabricated evidence or information by the applicant or any person included in the application
o Provision of fabricated certificates/qualifications or employment references by the applicant
o Provision of misleading or misrepresented information or evidence at any stage of the application
o Withholding of information by the applicant or any other illegal act by the applicant
NO GUARANTEE:
6. There are no specific guarantees given, implied, stated or otherwise represented by DWI other than those specifically stated in this document. You agree that DWI did not, and does not represent in any way, or do we guarantee that the application or migration matter will be successfully concluded.
Your Obligations:
7. You undertake to promptly provide us with any information, documentation or other material that we may reasonably require in respect of your application.
8. You agree/guarantee that any information or documentation provided shall be true and accurate, and hereby indemnify us for any and all costs (including incidental and consequential costs) incurred by reason of your breach hereof.
9. You undertake to comply with and obey any and all immigration regulations, restrictions pertaining to your application.
10. The client confirms that all documents, information and other data handed to DWI as used in assessing or completing the application is true, accurate and correct, and that no information, fact, data or any other important or relevant evidence or information has been, or will be withheld from DWI.
Liability:
11. Other than as is expressly stated herein or implied by statute, we shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in approval of any application made hereunder or arising from our breach of any express or implied term hereof.
12. In any event our liability shall be limited, subject to the terms and conditions contained in this agreement, to the amount of only DWI Professional Fees chargeable in respect of any application from which such liability may arise. We are not at any point responsible for any of the fees paid to any of the government authorities.
Time:
13. Time shall not be of the essence in the performance of our obligations hereunder, and you understand and accept that any time estimates for the processing of any application that we may give you is not in any respect binding or definite.
14. We shall not be liable for any loss or damage whatsoever that you may suffer as a result of our being unable to fulfill any of our obligations herein due to the occurrence of an event of force majeure, which term shall include but is not limited to legislative and regulatory acts of government, postal or courier delays, strikes, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.
15. These terms and conditions are governed by the laws prevailing in the Republic of India and this agreement is subject to the jurisdiction of the courts in Chennai.
16. DWI reserves the right to delay lodging or to withdraw any application without prejudice or recourse by the client if at DWI's sole and exclusive discretion, the supporting evidence supplied by the client is incomplete or for any other reason deemed reasonable at DWI's discretion including for late or non payment of fees due by the applicant.
The client specifically agrees that no refund of any DWI fees paid shall be demanded or payable as a result of any delay or withdrawal in terms of this clause.
17.
Assessment or consultations: The visa assessment and/or consultation suggesting that you may be likely to meet the criteria for a specific visa or visas is not a guarantee or undertaking that you do in fact meet the criteria for a specified visa and is subject to verification by ourselves and appropriate assessing authorities, including Home Office/DIAC on receipt of your file and supporting evidence. Initial assessment and advice is based on the information provided by you in the assessment questions or in consultation with yourself. Should it be determined on receipt of your supporting documents or application documents that you do not meet the specific criteria for the recommended visa - our policy is to inform you thereof, and to suggest alternative options or to request additional information from the applicant. The client may in these cases request that this appointment be cancelled subject our normal terms and conditions, or may follow DWI's advice for an alternative visa for which the client will then be fully liable for all costs relating to that new option.
18.
You furthermore specifically agree and confirm that you have read, and understood the full contents of this document and that you have read this document before any payment has been made by you in relation to any services provided by DWI.