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Terms & Conditions

Legal issues pertaining to both parties once engaged in an application for migration

A) This document sets out the mutual and other obligations that inform the contractual agreement between BCIS Consultants Pty Ltd ABN 38 086 117 900 and the client, for the immigration matter referred to in the client area.

B) The Code of conduct for migration agents requires that the terms of the contractual agreement between BCIS and the client be set out in writing. BCIS and the client agree that the code of conduct for migration agents form part of the overall agreement.

C) The Code of Conduct requires that the client be provided with a copy of the Information on the Regulation of the Migration Advice Profession. This document is available electronically and the client specifically agrees that he has been provided with this document prior to commencement of any serices by BCIS.

Definitions:

  • "We", "our" or "us" "BCIS"shall mean BCIS CONSULTANTS, a proprietary limited company, whose principal place of business and address for service is 11111 West Swan Road, Henley Brook, 6055, WA, Australia, and shall include all directors, employees, agents and sub contractors of BCIS.
  • "the client"shall mean the main applicant for the visa and all dependents included in that application, as well as any sponsor where applicable.
  • "Application"shall mean the provision of advice, preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorisation, including but not being limited to work permits, visas applications for leave to remain, reviews, occupations assessments, business plans, sponsorship approvals, petition approvals, landing rights, changes or adjustments of status, naturalisation and citizenship, which benefit or authorisation may be conferred by any government in the World.
  • "Fees"shall mean any sums due to us for services rendered plus any taxation or other governmental fee, levy or penalty applicable thereto, including but not being limited to GST.
  • "work"is described in our assessment report or as per instruction from you and includes: mail or telephone costs, handing you guides, instructions, checklists and forms in any manner whether electronically or in hard copy; consultations with you in person, by phone, by email or in the client area; administrative costs; advice and related administrative services.
  • "payments"all payments made by you are first assigned to BCIS professional fees and charges, then towards general expenses, mail, 3rd party and similar costs, then towards skills assessment charges payable to skills assessment authorities (if applicable), towards business plans (if applicable) then towards DIAC (Department of Immigration and Citizenship) application charges which shall be the last or final part of any payment made to BCIS.

Engagement:

1. By instructing us (whether in writing or by appointing BCIS online in your client area) to make an application or to advise you or to represent you in any immigration matter, you accept and agree to abide by these terms. You agree also to abide by these terms when this document is handed, sent or given to you in any format whether electronic by email or fax or by mail or when requested by you either in person, or electronically regardless of the presence of any signature to this document. The agreement is with BCIS Consultants Pty Ltd.

2. The migration advice and services will be performed by registered migration agents who are nominees, sub contractors or employees of BCIS. The client specifically agrees that BCIS may cede and/or transfer all rights and obligations of this agreement and appointment (partly or in its entirety) by the client to any other company or agent as nominated by BCIS on 7 days notice to the client.

3. You specifically agree that BCIS may nominate or appoint any registered agent to act on your behalf for the application. You further agree that the appointed or nominated agent shall be the agent responsible to meet his or her obligations in terms of the requirements of the MARA.

4. Immediately upon instructing us to make an application you undertake to forward to us a sum equal to 50% (fifty percent) of the total fees and estimated costs (or a different amount if so agreed by BCIS in writing) as notified to you in respect of that application, and further you agree and accept that we are under no obligation to commence or undertake any work in respect of that application or provision of advice until such sum as required by BCIS has been received by us.

Payments & Costs:

5. You undertake to forward to us any sum required by us in respect of disbursements incurred or likely to be incurred in respect of your application immediately upon our requesting such payment. You agree that you will are liable for and will make payment on demand for:-

  • 5.1) The full estimated cost of the application as indicated in your assessment or advice received from BCIS
  • 5.2) The fees, costs and disbursements are quoted NET in Australian Dollar, and the client's account shall be debited and credited only in AUD. The client is liable for all banking charges, exchange rate fluctuations and any other costs incurred in making payment in AUD to BCIS Consultants
  • 5.3) Non visa specific advice and services provided by BCIS whether by email, fax, phone or in personal consultations as per the BCIS ad hoc services rates.
  • 5.4) BCIS hourly fees or the stated BCIS total service fee for the specific matter for all disbursements, statutory charges, DIAC fees and courier costs as and when requested by BCIS. The stated rates herein specifically include only rates, fees and costs (as stated) in relation to the file number and visa application for the subclass mentioned herein.
  • 5.5) GST or any tax or 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 DIAC, disbursement fees, reviews, bank or transaction costs and ad hoc services requested and any other statutory fees and costs.
  • 5.6) Full service rates: The full service rate is fixed and will not be increased by BCIS unless; the department of immigration increases any visa application charge before the application is lodged, and/or, any statutory authority increases their costs before such application is lodged, and/or should a cost (as described below) be necessitated. The client/applicant agrees to pay on demand on of the increases mentioned above, or for any of the charges mentioned below (which are explicitly excluded from the full service fee)
  • 5.7) You accept that in relation to our performance of our contract with you, we may charge additional fees for services which may be rendered, which may not have been anticipated by us and may be necessary to better perform our contractual obligations to you. Such services including but not being limited to the obtaining of entry clearance, visas, extended or amended leave to remain, further advice for or relating to the principal beneficiary of any application hereunder or any relatives thereof, business plans and proposals, state sponsorships or additional application procedures, such additional fees to be agreed in advance wherever possible but in the absence of such agreement to be determined by us in our sole discretion.
  • 5.8) You accept that BCIS will not lodge any application if your account is in arrears or should there be any amount due by you.
  • 5.9) You agree that BCIS may withdraw any visa application lodged on providing you with a notice period of 5 working days, should you be in default on any payment due to BCIS.
  • 5.10) Non payment of BCIS fees or invoices: BCIS will report you to Australian and international credit reporting companies should your account be in arrears or for any non payment of invoices due and payable. BCIS will report you to credit reporting agencies 7 days after we have sent a final demand to by way of a communication in the client area, for payment of your account.

Additional costs not included in the full service rates

  • Courier costs of medical forms and/or other direct requests from the department to the client must be paid by the client
  • Courier or mail costs of the client file to the client by BCIS or any package or document sent by the client to BCIS
  • Any medical, police clearance or federal police clearance costs
  • Costs of any language or IELTS test must be paid by the client
  • Review costs (from 3rd party authorities and BCIS fees and charges) are payable by the client in full (for visa applications and/or skills assessments)
  • Costs of certification of documents
  • Costs for filling forms for the client where the client has been given the form to fill and sends a blank or incomplete form to BCIS
  • Any other charge agreed by the client as payable in addition to the full service fee in advance of any request for payment by BCIS

BCIS fees and charges as detailed in your assessment report do NOT include any charges or fees for work which may be required to be carried out if:

a) the immigration matter is unsuccessful, or b) the client alters the instructions to BCIS, or c) Information comes to hand after the work has started which would impact on the level of effort required of BCIS that would thereafter be required to complete the work

6. Overdue accounts: You undertake to pay on invoice any fee including all disbursements within 7 days of issue of our invoice in respect thereof, breach of this term entitling us to charge you interest on such overdue sums at a rate of 5% per month, calculated monthly on a compound basis.

Withdrawing Instructions:

7. You accept that if you withdraw or instruct us to withdraw, or 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 (which term shall mean and include a determination of any and all appeals that may arise from a refusal of an initial application) is made by such authority our fees will be payable as if that application had been completed and decided by the relevant authority or authorities and that BCIS will not refund any part of portion of BCIS fees, charges or 3rd party fees and charges as indicated on your invoices and paid by you.

7.1) Withdrawing instructions before an application is made or during processing of an application:

  • If you withdraw instructions in respect of any application, service or instruction after we have begun work or after we have received your appointment instructions (by phone, fax, email. electronically in the client area or in person), but before any application has been submitted it to the relevant governmental authorities, or assessment authority or if a skills assessment application has already been lodged or at any stage after appointment of BCIS to act for you, fees will be payable to us for work carried out prior to the withdrawal of instructions.
  • It is specifically agreed between you and BCIS that the exact quantum of these fees and cancellation charges shall be no less 100% (one hundred per cent) of the TOTAL estimated cost(s) as per your mandate, excluding only DIAC and occupations assessment authority payments (if applicable - which will be fully refundable to you) indicated for an application of the nature we advised and for which you appointed BCIS.

7.2) Withdrawing instructions AFTER you have appointed BCIS as a result of changes to the Migration Act resulting in your appointed application no longer being possible, at any stage of the application but prior to lodging the final visa application:

  • BCIS 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 20% (twenty percent) of the total BCIS professional fees and outgoings as per the mandate, and the full DIAC fees held in trust if paid by the client.

7.3) Withdrawing instructions after a skills 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 BCIS will refund the DIAC fees held in trust (if paid by you), as well as the balance of BCIS professional fees, and other fees paid by you up to a maximum of 30% (thirty percent) of the total BCIS fees quoted in the mandate.
  • It is a specific term of agreement that BCIS will be entitled to charge fees for work done on the failed skills assessment, and that these fees will be no less than 70% of the total fees quoted.

7.4) Changing instructions after appointment of BCIS.

  • If you elect to put your application on hold, or should you request a transfer of any credit balance in your account to another account, you agree that BCIS will charge an account holding or credit transfer fee of up to 50% of all fees paid by you (excluding any DIAC or skills assessment fee).

7.5) Standard operating procedures require that access to your client area will be suspended immediately on cancellation of your appointment of BCIS.

8. You accept that in relation to our performance of our contract with you, if you cancel any agreement at any stage, that you will be responsible for all costs of returning your documents to you, as well as for all bank or related charges in making a refund payment to you.

9. Warranty & refund policy: No refund policy of any nature exists except if specifically stated in this agreement.

BCIS will accept no responsibility and you specifically agree that BCIS be not be liable for any refund of any nature, if an application for a visa, an application for an occupations assessment, an application for state sponsorship, a business plan application, or any application of any nature is refused as a result of your failure to provide acceptable supporting evidence, and/or any application or part thereof was refused for any of the following reasons:

  • BCIS was not privy to information (including all possible background, information or relevant data 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 NAATI test;
  • Client delays in providing requested information;
  • Mailing delays of any nature;
  • Failure to make payments due as per the terms of appointment, including payments to BCIS or DIAC as requested result in certain time limits being missed including loss of points due to lodging at a later date;
  • Supply of false or wrong information, documents by the client or evidence including incomplete evidence in support of the application to BCIS at any time during the processing, assessment or completion 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 by you to sign any document, or to provide required supporting evidence within 60 days after appointing BCIS, or as and when requested and required by BCIS
  • Failure to make any payment of any nature on due dates
  • Failure by the client to provide documents, evidence or any information as may be requested by BCIS, DIAC or any other relevant authority in relation to your 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 BCIS or DIAC
  • Failure to respond in a timely manner to any request, communication or instructions from and by BCIS, DIAC or an authority charged with determining any part of your application
  • Making contact or communicating in any way with DIAC or any authority making a determination on your application without the expressed written instruction to do so by BCIS.
  • Failure by the client to attend any interview scheduled by DIAC if applicable
  • Neglect by the client to properly inform BCIS of any change of address, contact numbers, email address or fax numbers within 5 days of such change occurring
  • Should the application be refused by DIAC or an assessment authority for any of the following reasons:-
    • Medical matters relating to the applicant or any person included in the application
    • Character matters
    • Provision of wrong, false or fabricated evidence or information by the applicant or any person included in the application
    • Provision of fabricated certificates/qualifications or employment references by the applicant
    • Provision of misleading or misrepresented information or evidence at any stage of the application to BCIS, DIAC or any authority determining any part of the application
    • Withholding of information by the applicant or any other illegal act by the applicant
    • As a result of changes in foreign exchange rates (when assessing business skills applications)
    • Refusal by DIAC or any skills assessment authority to accept the employment references and/or qualifications and/or evidence of training for any nominated occupation
    • Late receipt of an application, supporting evidence, medical forms or any document requested by DIAC
  • No refund of any nature will apply if:
  • You withdraw the application before submission to the relevant governmental authority subject to provisions in clause (7) above;
    a. You fail to provide any information, documentation or other material to us that we in our sole discretion may deem necessary or desirable in order to process your application promptly upon our request for such information, documentation or other material;
    b. Any information, documentation or material provided to us from any source in respect of your application should transpire to be false, misleading, insufficient or in any other way unacceptable to the governmental authorities responsible for approving your application;
    c. An application is refused following a personal interview of the intended beneficiary of the subject matter of that application by any governmental or consular authority; or
    d. You act contrary to our advice, fail to follow our recommendations and/or make direct contact with a governmental authority or other relevant third party without our express consent, such consent not to be unreasonably withheld.

Consultation bookings:If you cancel any consultation booking within 21 days as of the date of your consultation, you are liable for the full consultation fee and no refund will apply. BCIS may at its own discretion elect to grant you another consultation time at no further or additional charge.

10. There are no specific guarantees or warranties, implied, stated or otherwise represented by BCIS other than those specifically stated in this document. You agree that BCIS did not, and does not represent in any way, nor do we guarantee that the application or migration matter will be successfully concluded.

11. We reserve the right to deduct from any sums due to you, pursuant to any clause in this agreement, all costs of any disbursements incurred by us in respect of your application for which we have not been reimbursed by you pursuant to the terms of this agreement.

Your Obligations:

12. You undertake to promptly provide us with any information, documentation or other material that we may reasonably require in respect of your application.

13. You warrant 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 us by reason of your breach hereof, such. costs including but not being limited to fines, penalties, additional government fees, legal costs, costs of wasted work and transport costs.

14. You undertake to comply with and obey any and all immigration, employment or other regulations, restrictions or codes of conduct pertaining to your application.

15. You undertake not to withhold any payment due to us arising out of any application hereunder on any grounds, including the existence of any dispute between us and you regarding an application or any other matter.

16. It is your responsibility and you specifically agree to check and verify all visa criteria and conditions with DIAC and agree that BCIS is not liable for any conditions which may be imposed on your visa, nor for your compliance with visa conditions and requirements.

17. The client confirms that all documents, information and other data handed to BCIS 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 BCIS.

18. You will keep a full copy of your application and communication with BCIS at all times. Should a copy be required by the client, and BCIS is requested to forward same to you, you agree to pay the full costs of sending the copies, including costs of making copies.

Liability:

19. 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.

20. In any event our liability shall be limited, subject to the terms and conditions contained in this agreement, to the amount of our Professional Fees chargeable in respect of any application from which such liability may arise.

Other & General:

21. Unless expressly agreed in writing to the contrary, 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.

22. We shall not be liable for any loss or damage whatsoever that you may suffer as a result of our being unable to fulfil 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, armed conflict, civil insurrection, strike, lockout, computer failure, failure of power supplies, earthquake, typhoon, tidal wave, and Acts of God.

23. These terms and conditions are governed by the laws of Western Australia and the forum for the resolution of any disputes arising howsoever here from shall be by arbitration by an arbitrator appointed by the law society of Western Australia, and that all proceedings will be held in Perth, Western Australia

24. Any variation of these terms shall have effect within 7 days after being posted on the website of BCIS located at www.australia-migration.com unless specifically agreed otherwise in writing between both parties. The client agrees that he is bound and accepts any revisions or additions to the terms and conditions of BCIS appointment, and that it is his responsibility to verify and familiarise himself at all times with terms and conditions in force in terms of this agreement by visiting this website (www.australia-migration.com) for the latest version of terms and conditions applicable and in force at that time.

25. Any notices to be served hereunder may be served upon us at our registered address as provided to you from time to time and any notices to be served upon you may be served upon you at the last address you notify to us as being your place of business or address for service, service being deemed to have been effected 7 days after posting by inland post, 14 days after posting from outside Australia, or 3 days after transmission by facsimile, by client area communication or email.

26. BCIS reserves the right not to submit any application or do any work until full payment is received for the matter, and BCIS reserves the right to delay lodging or to withdraw any application without prejudice or recourse by the client if at BCIS's sole and exclusive discretion, the supporting evidence supplied by the client is incomplete or for any other reason deemed reasonable at BCIS's discretion including for late or non payment of fees due by the applicant. The client specifically agrees that no refund of any BCIS fees paid shall be demanded or payable as a result of any delay or withdrawal in terms of this clause.

27. Invalidity

27.1) If a provision of this Agreement or a right or remedy of a party under this Agreement is invalid or unenforceable in a particular jurisdiction.
(a) It is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and
(b) It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

27.2) This clause is not limited by any other provision of this agreement in relation to severability, prohibition or enforceability.

28. You specifically agree and indemnify BCIS from any liability for any changes resulting in changes to the immigration Act of Australia after grant of your visa, including any criteria or conditions imposed and in place on date of your visa grant or at time of application, which changes or current legislation may have any effect on your residency status or eligibility to apply for any future visa.

29. The client agrees that the he shall not have, make or bring no action, suit, claim, demand or proceedings against BCIS Consultants or its agents, employees, staff or directors for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any material or services be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by the negligence of BCIS Consultants or any other cause whatsoever.

30. BCIS may without recourse by the client in any way, notify the applicant with 10 days notice in writing that BCIS is cancelling this agreement.

31. 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 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, or after an assessment authority here has assessed your qualifications or position, 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 BCIS's advice for an alternative visa for which the client will then be fully liable for all costs relating to that new option.

32. Payments made to our client account and payments made from client account. The client specifically instructs BCIS to make all payments from the client account to all statutory authorities including DIAC and occupations assessment authorities when they are due and payable.

It is agreed that all initial payments made by the applicant will first be assigned to BCIS professional fees, 3rd party costs as may be applicable, including commissions, until the full quantum thereof has been paid as per the mandate, followed by payments towards third party costs, followed then by payments made to the client trust account for DIAC Visa application charges (VAC) and/or skills assessment authority assessment fees.

The client agrees that BCIS may transfer from the client account to its operations account any and all BCIS fees including those payments listed below when due at the discretion of BCIS. The client agrees that once (any) payments have been made from the client account, that there can be and will be no refund of any nature in relation to those payments made.

  • Payments for mail/courier, non statutory authorities, agents, sub contractors and any 3rd parties as and when they are due.
  • It is specifically agreed that BCIS will transfer funds immediately on receipt of the initial payment made towards commissions, bank charges and fees, account establishment fees, and related costs. The total of the initial fees will not be less than 35% of the total BCIS fees quoted and noted in your invoice.
  • Payments to BCIS for services rendered as and when they occur.
  • The initial payment made by the client will be allocated and transferred first to operating account for the full BCIS fees, the balance (including subsequent payments and the final payment by the client) will be used for 3rd party expenses including payments to DIAC and occupations assessment authorities.
  • On lodgement of the final visa application the clients balance in the client account in relation to the immigration services will be zero.

33. The client agrees that BCIS will communicate where possible by way of the electronic communications system in its client area and that all communications sent to the client will be deemed to have been received by the client 72 hours after such email or communication has been sent or submitted.

34. The client specifically agrees that he has understood fully all the terms and conditions of this agreement. The Client also agrees that regardless of his/her native or spoken language, the terms and conditions were made available to him/her and that he has made all efforts to translate the terms and conditions and that BCIS is not liable in any way to provide these terms and conditions in any language other than English.

35. You furthermore specifically agree and confirm that you have downloaded as per our instruction, read, and understood the full content of the document.

Information on the Regulation of the Migration Advice Profession

and that this document was available to you and that you were instructed by BCIS to download and read this document before any payment has been made by you in relation to any service provided by BCIS.

36. The following terms and conditions applicable to use of this site and services form part of this agreement.

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