Subclass 188

Payment Terms and Conditions

The General Skilled Migration (GSM) program enables skilled workers to migrate to Australia on their own or through state or territory nomination.

Subclass 188

Payment Terms and Conditions

The General Skilled Migration (GSM) program enables skilled workers to migrate to Australia on their own or through state or territory nomination.

Payment Terms and Conditions2019-02-19T01:52:56+00:00

Visa Consultation Services

Engagement Letter

Introduction

Upon payment of the Visa Consultation Service fee, it will be deemed that you have engaged the services of Better Life Migration solely for a consultation in relation to your immigration matter.

Scope of our ‘Visa Consultation Service’

The visa consultation offers you the following:

  • One hour consultation service in person (only in Sydney), over the phone or skype by an Australian Registered Migration Agent
  • Honest advice by an experienced professional on your visa options
  • Answer to any immigration related question you have in relation to your immigration matter
  • Written advice with our recommendations after the consultation

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.

Responsibilities of the Client

The Client must:

  • do all things reasonably requested by the Registered Migration Agent and/or Better Life Migration (on behalf of the Registered Migration Agent) to assist the Registered Migration Agent to provide services;
  • provide accurate and authentic information throughout the engagement period;
  • provide the required documentation/information for the consultation;
  • inform the Registered Migration Agent if any of the information provided becomes inaccurate or incorrect;
  • keep the terms of this letter confidential;

The Client agrees:

  • to respond to all requests for further information and/or documents as indicated below and within any other time frame specified by the Agent from time to time;
  • that all services fees are deemed earned once paid and subject to the terms outlined in this agreement;
  • that Better Life Migration and the Registered Migration Agent shall not be responsible for any loss arising from the Clients failure to respond to any requests for information and/or documents or any failure to provide information and/or documents;
  • that if the Registered Migration Agent is asked to act on behalf of the Client(s) on matters other than those outlined above in this Agreement, or because of a material change in the Client(s) circumstances, or because of material facts not disclosed at the outset of the application, or because of a change in government legislation regarding the processing of visa-related application, the Registered Migration Agent may change the agreement and will provide notice to the client accordingly;
  • that if any requests for additional information or documentation are not answered over a period of two (2) weeks, it will be considered that the client has defaulted under the terms of this agreement and the Registered Migration Agent is entitled to terminate the Client’s file and the Client forfeits all service fees;
  • that since this is a consultation service, there is no refund of the fee if you are found not to be eligible for any Australian visa; we also do not offer refunds for cancelled/late appointments or no shows;
  • that if your Registered Migration Agent fails to perform any term of this Agreement, as a result of conditions beyond his/her control such as, but not limited to, governmental restrictions or subsequent legislation, war, strikes, or natural disasters, he or she shall not be deemed in breach of this Agreement;
  • that the Client’s file, including all documentation and related correspondence, may be examined by Office of the Registered Migration Agents Registration Authority (OMARA).

Your Registered Migration Agent

Once your Visa Consultation Service fee is processed, your file will be assigned to one of our Registered Migration Agents.

Code of Conduct

Under Australian law, a person who wishes to operate as a Registered Migration Agent must be registered with the Office of the Registered Migration Agents Registration Authority (OMARA). OMARA is responsible for administering the Code of Conduct which regulates the conduct of Registered Migration Agents.

All services connected with Better Life Migration’s role are provided by a Registered Migration Agent acting in accordance with the MARA Code of Conduct. All correspondence and written advice is prepared by the Registered Migration Agent on behalf of Better Life Migration.

Acknowledgement of having received ‘The Consumer Guide’

In addition to complying with the Code of Conduct, Registered Migration Agents are also required to provide the Client with a copy of The Consumer Guide. The Client acknowledges that they have been provided with a copy of the Consumer Guide and agree that it is their responsibility to download a copy of the Consumer Guide to ensure they read and understand it prior to signing this Agreement.

The Consumer Guide can be found at: https://www.mara.gov.au/media/152338/consumer_guide_english.pdf

A copy of the Code of Conduct and Consumer Guide can also be found on the Better Life Migration website (https://betterlifemigration.com/code-of-conduct/)

Internal Complaint Policy

We are committed to providing you with the highest standard of service. To ensure that we have an accurate account of your concerns, such complaints must be submitted in writing to our offices using the Client Feedback Form, which can be requested from our Customer Service Team. We will acknowledge receipt of your Client Feedback Form within 2 business days of receiving it.

In many instances, we have found that your Agent will be able to help resolve your concerns. Upon receipt of the complaint, your assigned Registered Migration Agent will contact you in the next 5 business days to acknowledge receipt and a review will be conducted and a response provided to the client within 10 – 15 days. Should you be dissatisfied with the handling of your complaint, you are entitled to request your complaint be escalated to the next level within Better Life Migration.

Goods and Services Tax (GST)

GST refers to any goods and services tax or similar tax imposed by the Commonwealth of Australia. All amounts payable by the Client under this document are expressed exclusive of GST. Accordingly, all amounts payable by the Client shall be at the rate stipulated in this letter plus any amount of GST payable in relation to that supply. The current rate of GST is 10%.

If you are currently residing outside Australia, you will not be required to pay the GST on the purchase price of the Visa Consultation Service.

Reliance on Information, Release and Indemnity

The Client will provide Better Life Migration with such information and documentation as the Registered Migration Agent advises is appropriate for this engagement. The Client recognises and confirms that Better Life Migration will use and rely on information provided by them in the performance of the services contemplated by this agreement, without having independently verified or assumed responsibility for the accuracy or completeness of such information. The Client warrants that all information and documentation provided to date is accurate and not false or misleading.

The Client accepts and understands that the 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.

To the greatest extent possible by law, Better Life Migration shall not be liable for any loss, damage, cost, expense or other liability (Liabilities) suffered or incurred by the Client or their family arising in connection (either directly or indirectly) with the provision of the Services. To the greatest extent permitted by law, the client or their family shall make no claim against Better Life Migration for: a) loss or corruption of data, b) loss of profit, goodwill, business opportunity or anticipated savings or benefits and c) indirect or consequential loss or damage.

To the extent that liability cannot be excluded, the liability of Better Life Migration, including its directors, officers, employees, subcontractors and Agents is limited to the cost of the services Better Life Migration provides to the Client.

The Client shall make no claim and shall ensure that no member of their family shall make any claim against Better Life Migration, any of its related companies, or any of their directors, officers, employees, subcontractors or Agents (Indemnified Persons) to recover any liability which the Client may suffer or incur by reason of or arising out of anything done or omitted in relation to the provisions of the Services (Claim).

The Client undertakes with Better Life Migration (for itself and as trustee for each of the other Indemnified Persons) to indemnify and hold harmless the Indemnified Persons against all liabilities and claims (including legal costs on a full indemnity basis) incurred by the Indemnified person in connection (either directly or indirectly) with the provision of the Services by Better Life Migration except the liability which arises from the negligence or default of any of the Indemnified Persons.

Client Communications

The Client acknowledges that from the date of engagement and throughout the entire agreement, the primary source of communication with Better Life Migration will be through the client portal/email/phone. The Client consents to receiving communications from the Better Life Migration electronically and agrees that all agreements, notices, disclosures and other communications provided by Registered Migration Agent to the Client electronically satisfy any legal requirement that such communications be in writing.

We each agree to take reasonable precautions to protect our own information technology systems, including implementing reasonable procedures to guard against viruses and unauthorised interception, access, use, corruption, loss or delay of electronic communications.

We may develop or use electronic tools (eg spreadsheets, databases, software) in providing the services. We are not obliged to share these tools with you, unless they are specified as a deliverable in this agreement. If they are not a specified deliverable, and we do share them with you, you agree that:

  1. they remain our property
  2. we developed them solely for our use
  3. you use them at your own risk
  4. you may not provide them to any third party

Retention of documents

We are obliged by law to keep a copy of your file for 7 years. We keep the file on the understanding that we have the authority to destroy it 7 years after the conclusion of our service to you. If we retrieve papers or documents from storage in relation to continuing or new instructions to act in relation to your affairs, we will not normally charge for such retrieval. However, we may make a charge based on time spent producing stored papers or documents to you or another at your request. We may also charge for reading correspondence or other work necessary to comply with your instructions given by you or on your behalf.

Privacy and Release of Information

Better Life Migration is bound by the relevant privacy legislation. Accordingly, Better Life Migration takes reasonable steps to protect personal information (as defined under the Act) collected by Better Life Migration from misuse and loss and from unauthorised access, modification or disclosure.

You agree to comply with the Privacy Act 1988, when providing us with information. We agree to cooperate with each other in addressing ourrespective privacy obligations in connection withthe services.

Better Life Migration may use and disclose the Client’s (and if applicable, their family’s) personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Act.

In general, Better Life Migration will disclose the Client’s personal information with expressed or implied consent for the following purposes:

  • to conduct their business, including billing and account management;
  • to provide and market their services;
  • to communicate with the Client;
  • to comply with their legal obligations; and
  • to help them manage and improve their services

Better Life Migration may disclose the Client’s personal information:

  • to regulatory authorities, including the Department of Home Affairs;
  • where the law requires them to do so; and
  • where the Client consents for them to do so.

Subject to the exceptions set out in the above-mentioned Act, the Client may gain access to the personal information which Better Life Migration holds about them by contacting us. You may also request that information about you be corrected if you think it is not accurate. A fee may be charged for providing access and Better Life Migration will advise the Client of the likely cost in advance.

Provided we do not disclose your confidential information, you agree that we may perform services for your competitors or other parties whose interests may conflict with yours.

Governing Law and Jurisdiction

The agreement is created upon receipt of the signed Acceptance Form OR payment of the service fee and shall be governed by, and interpreted and construed in accordance with, the laws of the NSW Australia. The Courts of New South Wales shall have exclusive jurisdiction to settle any and all disputes (including claims of set-off and counterclaims) in connection with this Agreement.

Period of Engagement

The period of engagement is from the date that Better Life Migration receives the signed attached Acceptance Form OR payment of the Services fee, whichever occurs first. The engagement ceases upon the completion of the Services (once the consultation is completed), unless the agreement is terminated earlier pursuant to the terms set out in this agreement.

Termination

The Client may terminate this agreement by giving Better Life Migration notice at any time. Better Life Migration may terminate this agreement giving at least 14 days notice in writing or immediately if the Client is in default of the terms of this agreement, fails to provide instructions upon request or if a conflict of interest arises. All service fees are forfeited where the Client is in default of the terms set out above.

The Agreement

The terms of engagement set out the entire agreement between the Client and Better Life Migration in connection with the engagement. The Client acknowledges that they have read and understood the terms of this agreement and that they have had the opportunity to obtain independent legal advice. No person has been authorised to give any representations on behalf of Better Life Migration in regard to the subject matter or the terms of the engagement, and such any representations which have been or may be given shall not be relied upon, and thus are void.

Better Life Migration may vary any of these terms at any time and any other information relating to the Service, at any time and your subsequent use of the Services will be governed by the varied Terms. In the event that any of the terms of provisions of the agreement are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.

Please contact us through the contact form on our website if you have any questions.