TENTMAKERS

TERMS & CONDITIONS

DEFINITIONS

These terms and conditions govern your relationship with us and apply when we enter into an agreement to provide migration services to you.

In this document: ‘we’, ‘our’ and ‘us’ means Tentmakers Professional Services Pty Ltd and/or the registered migration agent(s) listed on page(s) 1 and/or 2 of the agreement; whilst ‘you’ and ‘your’ means the client(s) to whom we have agreed to provide migration services, as listed in the agreement (including the attached Schedule A, if applicable).

‘The agreement’ means the Agreement to Provide Migration Services, which details the migration services that we will provide to you, and which the client(s) and a responsible migration agent are to read, acknowledge and sign. These terms and conditions and any attached Schedules are all incorporated into the agreement.

‘The application’ means the application covered by the agreement.

‘The relevant authority’ means the authority to which the application is to be submitted for assessment. For sponsorship, nomination and visa applications, this will be the DHA (see below); for skills assessment applications, this will be the relevant skills assessing authority; for State or Territory nomination applications, this will be the relevant State or Territory government agency; for regional certification applications, this will be the relevant Regional Certifying Body and/or Designated Area Representative.

‘The DHA’ means the Department of Home Affairs.

1. Code of Conduct

  • We undertake to adhere to the Code of Conduct for registered migration agents (‘the Code’), which is prescribed by Schedule 2 of the Migration Agents Regulations 1998 (Cth).

  • The Code regulates the conduct of registered migration agents (‘RMAs’), and its purpose is to protect clients of RMAs, and to strengthen the integrity of the immigration advice industry along with Australia’s immigration system.

  • We will provide a copy of the Code to you upon request. The Code is also available online at www.mara.gov.au.

  • If the Code is amended in a way that is inconsistent with this agreement, both parties agree to vary this agreement to comply with the new Code, in accordance with the process for variation set out in clause 6 of these terms and conditions.

  • If the agreement is inconsistent with the laws of the country in which we are operating, both parties agree to vary this agreement to comply with the laws of that country, to the extent of any inconsistency, and in accordance with the process for variation set out in clause

 

2. Our Obligations

As your migration agents, and subject to the Code and any other Commonwealth, State or Territory law, we will:

  1. Act professionally, competently, diligently, ethically, honestly and with integrity;

  2. Act in your legitimate best interests, having regard to your dependence on our knowledge and experience;

  3. Act in accordance with your lawful instructions and the agreement (including these terms and conditions);

  4. Respond to you in a timely manner;

  5. Notify you in writing when we lodge any application, submission or representation with the relevant authority on your behalf, give you a copy of that application, submission or representation, and promptly advise you of any material developments that occur in relation to it;

  6. Maintain sufficient knowledge and skills to give immigration assistance professionally and competently;

  7. Arrange for a qualified interpreter to assist you in your dealings with us, if required, and at your cost;

  8. Take all reasonable steps to ensure that the services specified in the Scope of Service section of the agreement are completed (unless the agreement is terminated prior to this point in accordance with clause 7 of these terms and conditions).

 

3. Your Obligations

As our client(s), you will:

  1. Give us full and clear instructions;

  2. Be honest and lawful in your dealings with us; this includes providing information that is, to the best of your knowledge and belief, true and current, and documents that are genuine and authentic (it is an offence to provide false or misleading information, a bogus document or inaccurate personal identity information to the DHA or any other person or body exercising powers or performing functions under migration law);

  3. Treat us with respect and trust;

  4. Provide documents and information within the timeframes specified in our communications with you (work on the application cannot commence until your Client Questionnaire has been completed in full, and all other required documents and information have been provided to us);

  5. Ensure that any documents you provide are in the format that we have requested (for instance original documents, certified copies, scanned full-colour copies in PDF), and that they are provided via the required channel of communication ( e.g. uploaded to the Client Portal, attached to an email, sent by post);

  6. Ask us questions should you not understand what is required;

  7. Promptly notify us of any changes in your circumstances, or the circumstances of any other person or entity that may be involved in the application. Should your address or contact details change, you will advise us of this change within 14 days;

  8. Notify us before you leave your employment, sell property, finalise any business or personal affairs, book flights to enter into or depart from Australia, or take similar steps in anticipation of obtaining a visa;

  9. Take no other employment apart from the sponsored or nominated employment (for employer-sponsored or employer-nominated applications only);

  10. Make appointments in advance should you wish to meet with us in person, so that we can prepare any documents and/or information that you require;

  11. If you are represented by another agent or intermediary, provide your written consent to that agent or intermediary acting on your behalf, and comply with our requests to verify the identity of the agent/intermediary (as applicable).

 

4. Matters Impacting Our Service

  1. We have provided you with a copy of the Consumer Guide, which tells you the standards and rules that a registered migration agent must follow.

  2. We are able to advise you about immigration law at a particular point in time but are unable to predict subsequent changes in the law that may affect the application.

  3. You bear the risk that changes in immigration law may cause the application to be refused or take longer to be processed. We are not liable for any loss that arises from changes to the law that affect the application.

  4. We do not guarantee the success of the application, or that the application will be decided within a given period of time.

  5. We are under no obligation to lodge the application with the relevant authority until payment has been made in full of all fees due and payable at that stage (see section B of the agreement).

  6. If we advise you in writing that, in our opinion, the application would be futile (for instance, where we consider that the application has little or no prospect of success), you will provide written acknowledgment of the receipt of this advice if, notwithstanding the advice, you still want us to lodge the application.

  7. You will not hold us responsible for delays caused by your failure to promptly provide information or documents, and you are aware that failing to provide documents in the required form and within the specified timeframe is likely to lead to the application being refused.

  8. You acknowledge that we reserve the right to terminate the agreement in accordance with clause 7 of these terms and conditions if six months has elapsed since the agreement was signed by both parties, and you have failed to provide the information and/or documents that we have requested to support your application.

  9. You are aware that providing false information or documents to the DHA (or to any other person or body exercising powers or performing functions under the migration law) is likely to lead to the application being refused, and that you may be sanctioned by the DHA as a result.

  10. If we become aware that you (or a third person acting on your behalf, including a migration agent) have provided false or misleading statements, documents and/or information to (or concealed relevant information from) the DHA, or any other person or body performing functions or exercising powers under the migration law, regardless of whether or not you were our client at the relevant time:

    1. we will inform you in writing of the potential consequences of this matter, and discuss how it may be corrected; and

    2. you must agree in writing to the matter being corrected, and take all reasonable steps to correct the matter, before we continue to provide services to you under the agreement; and

    3. should you fail to take the actions described in paragraph ii, we must terminate the agreement in accordance with clause 7 of these terms and conditions.

  11. We are the sole contact with the relevant authority, and you will direct all communications to that authority through our office.

  12. You will not contact the relevant authority without our consent, or attempt to access and/or change your application in ImmiAccount. If you breach this clause, we have the right to terminate the agreement in accordance with clause 7 of these terms and conditions, or to charge additional fees at the rate of $$220 plus GST per hour for any further services required as a result of this breach.

  13. You will immediately notify us if you are contacted directly by the relevant authority in relation to the application or any other matter.

5. Payment of Fees, Charges & Costs

  1. You will promptly pay our professional fees, the charges payable to the relevant authority, and any other costs associated with the application (see section B of the agreement), in accordance with the terms of our invoice(s) (this includes any deposit requests);

  2. You are aware that if you do not pay our professional fees as requested, we may cease working on the application. Should you fail to pay a fee by the due date, a general interest charge equal to the current Reserve Bank of Australia Cash Target Rate plus 3% will be applied to the outstanding balance at noon on each day that the requested amount remains outstanding. Once the fee has been paid in full, we will recommence work on the application.

  3. If you make any payment via credit card, a merchant transfer fee may be imposed. This will be disclosed on the relevant invoice (see section B of the agreement).

  4. You are aware that failing to promptly make the payments required by the relevant authority may lead to the application being refused.

  5. Should exceptional circumstances arise that make it impracticable to perform some or all of the services under the agreement for the specified professional fee, we may vary this fee in accordance with the process set out by clause 6 of these terms and conditions, in order to fairly and reasonably reflect the additional services or work that we are required to perform. Exceptional circumstances necessitating a variation in our professional fee could include (but are not limited to) the situations outlined by subclause 6.1.

  6. The relevant authority and/or third parties that provide services to you during the agreement period may from time to time increase their charges, costs and surcharges, including credit card merchant transfer fees (for instance, DHA charges are indexed annually on 1 July, at which time they are generally increased by up to 5%, although changes to charges may occur at any time). We will notify you immediately in the event that we become aware of any increase in the charges, costs and surcharges associated with the application, in which case you must provide your written consent to the price increase before you are invoiced for the relevant increased amount.

 

6. Variation of Agreement

  1. A variation to the agreement may be required where the application will be materially altered or affected by a change to your circumstances or to the applicable immigration law that occurs after the agreement has been signed by both parties; where you require us to perform additional services that fall outside the agreement’s Scope of Service; or as otherwise required by the Code or other relevant legislation. Situations in which a variation of the agreement is required could include (but are not limited to):

    1. a change to immigration law that affects your eligibility to make the relevant application and/or to be granted the relevant visa;

    2. a change in your personal circumstances (for instance, where complex health or character issues arise), or to the circumstances of any third party that intends to endorse, nominate or sponsor your application (if applicable), that affects your eligibility to make the relevant application and/or to be granted the relevant visa;

    3. the addition of a spouse/de facto partner, dependent child, or other family members to the application (or the removal of any applicant from the application);

    4. a change in the primary client (for instance, where the spouse/de facto partner listed in the agreement becomes the primary client/visa applicant);

    5. a request from you that we urgently prepare and lodge your application with the relevant authority (where this service was not already included in the agreement);

    6. where for any reason you require us to perform additional services that fall outside the Scope of Service of the agreement (for instance, where we are required to provide further supporting information and/or documents to the relevant authority following lodgement of the application).

  2. If a variation to the agreement is required, we will give you written notice of the reason(s) for the proposed variation, and any resulting changes to the fees, charges and costs associated with the application.

  3. You must provide your written consent to any proposed variation to the agreement before this variation takes effect. Should you not consent to a proposed variation, and should such variation be required in order for us to continue providing services to you under the agreement, we may terminate the agreement in accordance with clause 7 of these terms and conditions.

  4. You agree that only the primary client listed in the agreement is required to provide written consent to a variation of the agreement unless that variation relates to a situation described in paragraphs 6.1.3 or 6.1.4 (addition/removal of an applicant, or change in primary client), in which case the written consent of each adult client is required.

 

7. Termination

  1. Either party may terminate this agreement at any time by giving reasonable written notice to the other party. In the event that the agreement is terminated, we must comply with the requirements of Division 6 of the Code.

  2. If the agreement is terminated by either party, we will provide you with written notice of termination, which will include any outstanding fees, charges, and costs that you are required to pay for work that we have already performed. In this event, the following rules will apply:

    1. the professional fees payable by you will be calculated based on the percentage of work undertaken by us as of the date of the agreement’s termination, as itemised in section B of the agreement. For example, if 50% of the required work has been performed as of the date of termination, then 50% of the total professional fees itemised in the agreement is payable to us;

    2. you must also reimburse us for any charges or costs incurred on your behalf as of the date of termination;

    3. we will provide you with a final invoice itemising the services we have performed and the resultant fees, charges and costs payable by you following the agreement’s termination;

    4. you will not be required to pay any fees for work that we have not yet performed;

    5. if applicable, any excess funds held in your client account will be itemised on your final invoice, and will be refunded to your nominated account within 14 days of the date that written notice of the termination was provided.

  3. If the agreement is terminated, we will notify the relevant authority that we no longer act for you, and will advise you about how you may obtain further immigration assistance. You must sign any forms required to evidence the agreement’s termination to the relevant authority’s satisfaction.

  4. When the agreement is terminated, we must deal with your file in accordance with Divisions 4 and 5 of the Code.

 

8. Refund Policy

  1. In the event of termination of the agreement, any refunds of professional fees, charges and costs will occur in accordance with the rules set out by clause 7(2) of these terms and conditions.

  2. Any refunds of fees, charges and costs payable to you will be paid into your nominated bank account within 14 days of the time that they become payable. Should any bank fees or charges be incurred in making a refund, these will be payable by you.

  3. We are under no obligation to provide any refund of professional fees, costs and charges paid pursuant to the agreement should the application be refused by the relevant authority.

  4. Should we become aware that the amount of a charge or cost that you have paid to us for a service provided by the relevant authority or a third party is greater than the actual amount of that charge or cost (for instance, where our reasonable estimate of a charge or cost was in excess of the actual charge/cost, or where the relevant authority or third party has provided a refund to us), we will refund the excess to your nominated account within 14 days.

  5. We are not otherwise responsible for refunds of charges or costs that we have paid to the relevant authority or a third party provider on your behalf, or that you have paid directly. Should you wish to seek a refund of any such charge or cost, you will need to contact the relevant third-party provider directly, unless we agree otherwise.

 

9. Force Majeure

  1. Neither party will be liable to the other for any failure to perform the party’s obligations under this agreement by reason of circumstances beyond the party’s reasonable control, including (but not limited to) natural disaster, health epidemic or pandemic, governmental actions, or war (‘force majeure event’).

  2. The party prevented from carrying out its obligations must:

    1. notify the other party as soon as practicable after the force majeure event occurs, and provide information concerning the force majeure event, including an estimate of the time likely to be required to overcome it;

    2. take all reasonable steps to overcome the force majeure event and mitigate its effects;

    3. continue to perform its obligations as far as practicable.

  3. Irrespective of the above, if a force majeure event occurs and its effects continue for a period of 14 days, either party may terminate this agreement by providing reasonable written notice in accordance with clause 7(1) of these terms and conditions.

 

10. Retention of Documents

  1. In accordance with our duties under Divisions 4 and 5 of the Code, we will take all reasonable steps to keep securely, and in a way that ensures confidentiality, a file of all documents and communications related to your matter until the earlier of:

  • seven years after the date of the last action on your file; or

  • the date that possession of your file has been transferred to another agent in compliance with your written instructions.

 

2.    After our obligation to retain your file ceases in accordance with subclause 10.a, we may destroy the client file in a way that will maintain confidentiality.

3.    We will return your original documents (this includes personal documents such as passports and birth certificates, business documents such as financial statements, and any documents for which you paid, such as translations and police clearances) to you on the earlier of:

  • at any time, within 14 days of receiving a request made in writing; or

  • following finalisation of the application.

4.  You will provide us with a receipt upon return of any original documents.

5.  You have the right to receive a copy of your file upon written request. Should you require a paper copy of your file, we reserve the right to charge a fee of A$110 for archive retrieval and copying costs.

 

11. Confidentiality

  1. We adhere to the underlying values of the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as a matter of internal policy and in compliance with the Code.

  2. We will maintain the confidentiality of all information divulged under the agreement, except as required by law or as modified by the agreement.

  3. Your documents and information may be stored physically and/or electronically by us. In some cases, documents and information may be stored on third-party servers that are located outside Australia. We will take all reasonable steps to ensure that your information is protected from unauthorised release or disclosure.

  4. You agree and consent to the information that you provide to us being collected, used and disclosed to other entities in the furtherance of your application, where there is a reasonable expectation that it will be used and disclosed by us. The entities to which your information may be disclosed include (but are not limited to):

  • the Department;

  • skills assessing authorities;

  • your sponsor, or the person whom you are sponsoring or nominating for a visa (for family sponsorship or employer sponsorship/nomination purposes). In particular, you expressly agree that any information that may adversely affect the outcome of the application (for example, health, character, or business-related issues) may be disclosed to your sponsor (or the person whom you are sponsoring or nominating);

  • family members included in your application;

  • Regional Certifying Bodies (for those applications requiring certification by a Regional Certifying Body);

  • Designated Area Representatives (for those applications requiring certification by a Designated Area Representative);

  • educational institutions (for Student visa applications);

  • State or Territory Governments (for State or Territory sponsorship/nomination purposes);

  • the Australian Federal Police and/or foreign police services (where you request that we apply for police clearances on your behalf);

  • any entity to which you have authorised in writing the disclosure of your information.

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5. We may use the information that you provide to conduct market research, determine website usage and for direct marketing purposes related to our business (for example, our regular newsletter service). This usage will occur only in a way that does not disclose your identifying details to a third party unless you provide your written consent to such disclosure.

6. We may search for your current visa entitlements using Visa Entitlement Verification Online (‘VEVO’) at any time during the term of this agreement, as we deem necessary to determine your status in Australia and your eligibility to lodge the application.

7. You acknowledge that the DHA monitors VEVO searches. We are not responsible for any actions taken by the DHA towards you as a result of VEVO searches conducted within the scope of this agreement.

12. Electronic Communications

  1. We disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by or to us in connection with our performance of services under the agreement.

  2. You agree that we bear no liability for any loss or damage to any person or entity resulting from the use of email transmissions or our website services, including any consequential, incidental, direct, indirect or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.

 

13. Conflicts of Interest

  1. We will take all reasonable steps to avoid a conflict between our interests (pecuniary or otherwise), and the proper performance of our duties towards you, including the duty to act in your legitimate interests and in accordance with your instructions.

We disclose that we may receive or will receive financial benefits (e.g. commission) as a result of providing non-migration advice to you in relation to :

  • Health Insurance - For a referral to health cover institutions

​Conflict Description - We have partnerships with the different Health cover providers we gave as your options. All of these meet the Home Affairs requirements for your specific visa requirements.

Estimated Amount - NLT 5% of your insurance fees

  • Universities or colleges - For the referral of students to educational institution​

Conflict Description - We have partnerships with the different education providers we gave as your options. All of these meet the Home Affairs requirements for your specific visa requirements.

Estimated Amount - NLT 5% of your tuition fees

  • Use of our credit card - To make payment on your behalf

Conflict Description - ​We use our AMEX credit card to pay for your visa application, if you choose to deposit your payment with us

Estimated Amount - Travel points

2. If after entering the agreement we are made aware that we have an/other interest that conflicts (or could conflict) with your interests and/or the proper performance of our duties towards you, we will give you written notice of this interest, including:

  • the nature of the interest and how it conflicts (or could conflict) with the proper performance of our duties towards you; and

  • the name of the person/body providing the interest and the reason it is/was provided (if applicable), and

  • where the interest is pecuniary in nature, the amount, or a reasonable estimate of the amount, of the interest.

3. In the event that we notify you of an actual or potential conflict of interest in accordance with subclause c, you must provide your written consent should you wish us to continue to provide services to you under the agreement. Should you not consent to the conflict of interest, we must terminate the agreement in accordance with clause 7 of these terms and conditions.

4. Notwithstanding the above, if there is an actual conflict of interest that could compromise our objectivity and/or our relationship of confidence and trust with you, or that is reasonably likely to lead to a breach of your confidentiality, we must terminate the agreement regardless of your consent.

14. Dispute Resolution

  1. If a dispute arises out of or relating to the agreement, or the breach, termination, validity, or subject matter thereof, or as to any related claim in restitution at law, in equity or pursuant to any statute: the parties agree to first discuss the dispute with the aim of reaching a concord that is acceptable to both sides. This will be documented in writing, dated and signed by both parties.

  2. If one party requests an opportunity to discuss the dispute, the parties should attempt to reach a concord within 21 days of that request (or a longer period if agreed between the parties).

  3. In the event that the dispute is not settled within 21 days (or such other period as agreed to between the parties in writing), the parties shall then submit the dispute to arbitration by the Australian Disputes Centre (ADC) in the State or Territory of our principal office. In this event:

i. the arbitration shall be administered by the ADC and conducted in accordance with the ACD Rules operating at the time the dispute is referred to arbitration

ii. any fees payable to the ADC (or to any person appointed by the ADC) will be paid by the parties equally.

4. You may seek to vary the procedure set out in this clause in writing (for instance, to allow for international arbitration) if you are outside Australia, or can establish that the DHA requires you to immediately depart Australia.

5. This clause shall survive termination of the agreement.

 

15. Relevant Law and Jurisdiction

These conditions and all aspects of our performance of services under the agreement are governed by, and both parties agree to be bound by the law of the state of SA, and the Code. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the state of SA and/or the Office of the Migration Agents Registration Authority.