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SERVICE AGREEMENT
Consultation Service

This Service Agreement (the "Agreement") is entered into on

The date of conclusion of the Agreement is the date indicated in the Invoice.

 

by and between

 

Client by name and surname indicated in the Invoice

 (the "Client") and

 

AUMA Australian Migration Alliance Pty Ltd (the “Contractor”) located at 

40 Witan Street, Brabham, WA 6055

ABN 80 683 067 914

ACN 683 067 914

also individually referred to as the “Party”, and collectively the “Parties”.

By their conduct in connection with this Agreement, including by way of conclusive (implied) conduct, the Parties are deemed to have irrevocably acknowledged and agreed that the Contractor has provided, and the Client has received:

  • a copy of the Code of Conduct for Registered Migration Agents (the “Code”); and

  • a copy of the Guide for Consumers of Registered Migration Agents,

and the Client waives any right to assert otherwise.

1. SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to provide the following services: Professional consultation with a migration agent on matters related to temporary visits to Australia, permanent migration to Australia, or obtaining Australian citizenship status.

The specific type and cost of the consulting service is specified in the Invoice, which, upon payment by the Client, becomes an integral part of this Agreement.

 

1.2. The Client undertakes to pay the Contractor for the consulting services according to the Invoice by the scheduled date of the Consultation.

1.3. By paying the Contractor's Invoice, the Client confirms that he/she has read the terms of service and accepts the terms of the Service Agreement in full.

2. EXECUTION OF THE AGREEMENT

2.1. The Contractor is obliged to:

2.1.1. Comply with the Code of Conduct for Registered Migration Agents.

2.1.2. After receiving payment on the Invoice, schedule and conduct a Consultation with the Client at the earliest possible time and date, as agreed with the Client.

2.1.3. Act on the Client’s behalf in dealings with third parties, in accordance with the Client's instructions.

2.1.4. Prior to the scheduled consultation date, request the Client to provide their initial information, initial circumstances, and documents (if applicable) for a comprehensive review in order to provide the consulting services with maximum effectiveness for the Client.

 

2.2. The Client is obliged to:

 

Information and Documents

2.2.1. Provide information and documents requested by the Contractor in relation to this Agreement as soon as practicable.

2.2.2. If this Agreement affects the rights and interests of persons who are legally dependent on the Client (minor children, dependent adults, wards, etc.), the Client shall provide all necessary information regarding such persons.

2.2.3. By providing information regarding the persons mentioned in clause 2.2.2, the Client confirms and guarantees to the Contractor their authority to represent the interests of such persons.

2.2.4. Provide documents (including originals, hard copies, electronic copies, certified translations) of good quality with legible text and graphics. If the Contractor considers a document unsuitable (e.g., damaged, expired, illegible), the Client should provide a replacement document as soon as practicable.

Notifications and Actions

2.2.5. Notify the Contractor of any changes in the Client's data previously provided to the Contractor regarding the services under this Agreement (documents, circumstances, information, facts) no later than the next day from the moment the Client became aware or should have become aware of such changes.

2.2.6. In coordination with the Contractor, perform actions required for the implementation and achievement of the goals of this Agreement, including but not limited to applying to third parties and authorities for obtaining necessary documents and/or information, establishing legal facts, etc.

2.2.7. If necessary, provide the Contractor with additional authority to act on behalf of the Client in relations with third parties by providing access to an account, signing necessary authorization forms or issuing a legitimate power of attorney.

2.2.8. Refrain from taking actions related to the subject of this Agreement independently without prior consultation and coordination with the Contractor (such as making amendments to a submitted application, sending inquiries, contacting the Department, etc.).

2.2.9. Notify the Contractor as soon as possible of any circumstances that are material to the subject of this Agreement, such as special confidentiality requirements, the Client's financial constraints, limited ability for personal presence, delays in performing actions requested by the Contractor, and other anticipated events that may significantly affect the subject of this Agreement.

Instructions and Recommendations of the Contractor to the Client

2.2.10. The Contractor’s Instructions, including but not limited to submitting requests to third parties, providing documents, performing legally significant actions, refraining from certain actions, and others, issued to the Client during the term of this Agreement, must be followed by the Client as precisely as specified in the Instruction, within a reasonable timeframe or within the period indicated in the Instruction. The Contractor's instructions shall be communicated to the Client exclusively in writing. By mutual agreement of the Parties, any correspondence from the Contractor that prompts the Client to take specific actions shall be considered a Mandatory Instruction from the Contractor.

2.2.11. The Contractor’s Recommendations regarding the Client’s actions or inactions, received during the term of this Agreement, is not mandatory. The decision to act or refrain from acting based on the Recommendation provided by the Contractor is at the Client’s discretion, and the Client assumes all risks associated with the consequences of such actions or inactions. By mutual agreement of the Parties, an oral consultation provided by the Contractor, including any written advice resulting from the consultation, shall be considered a Recommendation from the Contractor.

Payments

2.2.12. Timely and fully fulfill all payment obligations, including covering anticipated expenses specified in Schedule 1, which include fees and duties of authorized bodies or organizations, and other expenses that the Client is expected to incur to achieve the purpose of the Agreement.

2.2.13. Timely and fully pay unforeseen expenses, which include (for example, but not exclusively) the services of an expert, translator, or other third parties, whose involvement is a direct requirement of the law or an authoritative body, or without whose involvement achieving the result under this Agreement is obviously impossible.

2.2.14. By entering into this Agreement, the Client confirms that they have been informed by the Contractor about the possibility of unforeseen expenses and agrees to pay them in full and within the required timeframes.

2.2.15. By agreement of the Parties, the payment of the Client's foreseeable and unforeseen expenses may be made by the Contractor on the Client’s behalf as disbursements, using the Client's funds accumulated in a special bank account of the Contractor.

2.2.16. The Client undertakes to reimburse the agreed disbursements to the Contractor paid by the Contractor in ways not mentioned in clause 2.2.13.

2.2.17. The Client is informed and agrees that all foreseeable and unforeseen expenses, including bank fees and taxes, charged by third parties, are not controlled by the Contractor under this Agreement and are non-refundable to the Client after payment, except in cases of reimbursement by the charging authority.

2.2.18. The Client acknowledges and agrees that the Contractor’s professional fee is subject to revision and may increase if, at any stage during the term of this Agreement, any of the following facts are discovered:

  • The Client has a criminal record or negative administrative history (past, present, or future) that, in the Contractor’s opinion, may affect the positive assessment of the Client’s character.

  • The Client has health conditions, regardless of when they arose, that, in the Contractor’s opinion, may affect the positive assessment of the Client’s health.

  • The Client has a negative immigration history, including visa refusals, breaches of visa conditions, deportation, detention, or similar issues.

This applies if the Contractor was not informed by the Client, or if such a fact arises or is likely to arise during the term of this Agreement, regardless of whether the omission was intentional, due to lack of knowledge, or due to a bona fide misunderstanding by the Client.

2.2.19. The Customer acknowledges and agrees that the Contractor shall not be liable for the outcome of professional consultation and professional advice provided by the Contractor to the Customer if the Customer has provided the Contractor with incomplete, incorrect or false information or documents.

2.2.20. The provisions of clauses 2.2.18 and 2.2.19 apply to the information and documents of the Client, as well as all dependents of the Client affected by this Agreement.

2.2.21. To receive high-quality service, the Client must fulfill the following conditions:

- ensure a stable internet connection for the entire duration of the Consultation;

- exclude extraneous noise that could distract them from the subject of the conversation (street noise, crying children, screaming pets, etc.);

- have a list of questions and be prepared to write down important information.

2.2.22. A Client who fails to fulfill the conditions of paragraph 2.2.21

- is not entitled to request an extension of the Consultation;

- is not entitled to claim poor service.

2.3. The Contractor has the right to:

2.3.1. The Customer may refuse to provide services under this Agreement if the Customer has not paid the full agreed price for the services before the day of the scheduled consultation in accordance with the Invoice.

2.3.2. The Contractor reserves the right to refuse to provide professional advice, without issuing a refund, in the following circumstances:

  • where the questions or circumstances raised by the Client fall outside the scope of the previously agreed agenda;

  •  where the questions or circumstances raised by the Client are clearly unlawful, and the Contractor has informed the Client accordingly;

  •  where the questions or circumstances raised by the Client, or the Client’s conduct, are offensive to the Contractor or any third party, or are likely to harm the Contractor’s business reputation or professional standing.

2.3.3. The Contractor reserves the right to refuse to provide any professional advice or additional oral or written explanations where the Client raises questions outside the scheduled Consultation time, even if such questions relate to matters previously discussed during the Consultation.

 

2.4. The Client has the right to:

2.4.1. Require the Contractor to properly and timely fulfill their obligations, ensuring that the quality of the services provided meets the standards typically expected for similar services.

3. TERMS AND PROCEDURE OF SETTLEMENTS

3.1. Professional fee of the Contractor

3.1.1. The cost of the Contractor’s services under this Agreement (professional fee) is determined in the Contractor’s Invoice

 

3.2. Currency of settlements

3.2.1. All payments under this Agreement shall be made between the Parties in Australian dollars (AUD), unless otherwise specified in Schedule 1 or in an additional agreement between the Parties.

4. ACCEPTANCE OF WORK RESULTS

4.1. Acceptance

The Contractor's Services are deemed accepted by the Customer if, by the end of the next banking day following the provision of the Service, no written objections are received from the Customer, justified by legal provisions or the provisions of this Agreem

5. LIABILITY OF THE PARTIES

5.1. The Contractor is liable solely for its obligations specified in this Agreement and is not liable for the obligations of the Department, educational institutions, or other organizations and third parties, including the processing time of the Client's application, the content of correspondence, the validity of requirements and decisions made, or other actions (or inactions). This also applies to other competent authorities in Australia or other countries providing documents or responses to the Client's requests.

5.2. The Parties shall be liable under this Agreement in accordance with the legislation of the Commonwealth of Australia.

5.3. The Parties shall be released from fulfilling their obligations under this Agreement in the event of force majeure circumstances affecting the subject matter of the Agreement, such as floods, tsunamis, or military actions, provided that a state of emergency or martial law has been officially declared in the region where a Party is located. Other unforeseen events beyond the Parties’ control, which cannot be mitigated through reasonable means, shall also be considered force majeure. In such cases, the Parties shall take all necessary measures to reach additional agreements regarding the subject matter of this Agreement.

6. AMENDMENT, TERMINATION, AND EARLY TERMINATION OF THE AGREEMENT

6.1. The Agreement may be amended in whole or in part or terminated early by written agreement of the Parties.

6.2. The Client has the right to terminate this Agreement unilaterally and demand a refund of all fees paid to the Contractor if the Contractor has all the conditions for starting to provide services under the Agreement but does not begin to perform its obligations within the established time frame or clearly evades further performance of its obligations without valid grounds.

6.3. The Contractor has the right to terminate the Agreement unilaterally and demand full payment for services under the Agreement and/or compensation for expenses incurred in connection with the provision of services under the Agreement if the Client fails to fulfill (or evades) their obligations under the Agreement or creates other obstacles to the Contractor's actions.

7. FILES AND DOCUMENTS

7.1. The Contractor maintains the Client file in accordance with the requirements of the Code.

7.2. The Contractor keeps the client file during 7 years from the date of the last action on this Agreement (fully executed or terminated) and may destroy any files and documents related to the services provided under this Agreement after this period.

7.3. The Client authorises the Contractor to disclose personal information provided during the execution of this Agreement to the authorised third parties if compelled by law. 

7.4. In the case of multiple persons on the Client’s side, the Contractor has the right to freely disclose any information about these individuals among them for the entire duration of the Agreement or until one of the parties withdraws from the Agreement. The disclosure of information to the participants of the Agreement shall cease upon receipt of a written prohibition from a participant, specifying the type and scope of information that is restricted from disclosure to other participants.

7.5. If one of the participants of the Agreement issues a prohibition to the Contractor on disclosing information to other participants, and such a prohibition makes it impossible for the Contractor to continue performing the Agreement or significantly alters its terms, the Agreement shall be suspended upon the Contractor’s corresponding notification. The continuation of the Agreement shall only be possible after the Parties reach an additional agreement on the terms of further cooperation.

8. DISPUTE RESOLUTION PROCEDURE

8.1. All disputes under this Agreement shall be resolved through negotiations, mutual correspondence, and claims. The Parties establish a mandatory pre-trial claims procedure for dispute resolution. The Party whose rights and interests under this Agreement have been violated must submit a reasoned claim to the other Party. The response period for the claim shall not exceed 14 days.

8.2. If the Parties have not reached an agreement and have not resolved their differences at the claims stage, the dispute shall be referred to an independent mediator from the Mediation Institute for consideration, in accordance with its regulations.

8.3. The proposal for the mediator’s candidacy shall be submitted by the Party intending to initiate the mediation procedure to the other Party of the Agreement. If no objections to the proposed candidate are received from the counterparty within seven days, the mediator shall be considered agreed upon by the Parties.

In the absence of agreement on this matter, either Party to the Agreement has the right to request the appointment of a mediator from the chairman of the Mediation Institute.

8.4. In the event of a failure to reach an agreement at the mediation stage, disputes under this Agreement shall be referred to the court for consideration in accordance with the applicable laws of the state of Western Australia.

8.5. During the dispute resolution period, the legal effect of this Agreement shall be suspended, and the Parties are required to take measures to reach additional agreements under the current circumstances. If such agreements are not reached by the Parties, the Agreement shall be terminated, and the Parties must take steps to settle mutual financial obligations.

9. FINAL PROVISIONS

9.1. Total aggregate liability of the Contractor to the Client (and any person claiming under or through the Client) arising from, related to, in connection with, or in any way involving the performance or non-performance of the work, or any act, default or omission in connection with the relationship created by this Agreement, will not exceed the maximum amount provided under the Professional Indemnity Insurance held by the responsible registered migration agent appointed in this Agreement.

9.2. By agreement of the Parties, all documentation and correspondence between the Parties, if sent to the e-mail addresses specified in the Agreement, shall have legal force.

9.3. The Party receiving notice at the e-mail address specified in the Invoice shall be deemed to have been duly notified.

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