CLIENT and AGENT Terms
The Client and the Agent agree as follows:
1 DEFINITIONS
Active Agent means an agent with an active account registered with IGP Visa Centre
Agent means the Active Agent that accepts the Offer.
IGP Visa Centre means IGP Visa Centre Pty Ltd
IGP Visa Centre Terms means IGP Visa Centre’s Website Terms of Use which can be accessed via www.igpvisa.com.au
Client means the person which submitted the Visa application.
Fee means the total sum offered by the Client for submission the visa application.
Nominated Email means the email provided by the Client to IGP Visa Centre.
Website means www.igpvisa.com.au
2 TERMS OF ENGAGEMENT
2.1 Offer: The IGP Visa Centre submits the job to all Active Agents, or to an Active Agent specified by the Client.
2.2 Acceptance: The Agent may accept and is deemed to have accepted the Offer.
2.3 Answer: The Agent will submit an answer in the form of recommendations or advice in response to client.
2.4 Clarification: The Client may submit an application in accordance with the procedure and terms set out in the IGP Visa Centre.
2.5 Fee: The Client must pay the Fee in accordance with the procedure and terms set out in the IGP Visa Centre Terms. The Fee is a fixed fee, and no disbursements will be charged by the Agent.
2.6 Client acknowledgement: The Client acknowledges that the Agent cannot guarantee the success of any application and cannot predict future changes in law.
2.7 Client warranty: The Client warrants that all information and documents provided to the Agent are true, accurate, complete and genuine.
2.8 Termination: The Client or the Agent may terminate this Agreement by notice in writing at any time. If this Agreement is terminated, then the Fee will be refunded to client by the agent.
2.9 Code of Conduct: The Code of Conduct (Code) for registered migration agents implements a standard for the conduct of registered migration agent work. If the Agent is a registered migration agent, the Agent guarantees that the Client can obtain a copy of the Code on request from the Agent. The Client may also obtain a copy of the Code from www.mara.gov.au.
2.10 Copies of documents: We may provide you with a copy of your documents subject to your payment of our reasonable charges.
3 INDEMNITY, EXCLUSION AND LIMITATION OF LIABILITY
3.1 Except for any liability which cannot be excluded, restricted or modified by law, the Agent, its employees, agents, and contractors exclude, to the fullest extent permitted by law, all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any injury, loss, liability, or damage of any kind (including, without limitation, any direct, indirect, special or consequential loss) arising in any way from your use of the Agent’s services.
3.2 To the extent that the liability in clause 3.1 cannot be excluded, restricted or modified by law, the Agent, its employees, agents, and contractors limit liability to the Fee.
3.3 The Client hereby releases, and agrees to indemnify and hold the Agent, its officers, employees, agents, and contractors harmless from any and all liabilities, damages, injury to any person or property, losses, claims and expenses of any kind (including reasonable lawyer fees) which the Agent may incur as a result of the Client’s misuse of the IGP Visa Centre Portal or breach of these Terms.
4 MISCELLANEOUS
4.1 GST: All amounts stated are exclusive of legally applicable tax in applicable jurisdictions.
4.2 Severance: If any provision of these Terms is prohibited by law or judged by a court to be unlawful, unenforceable, or void, the provision shall to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
4.3 Dispute resolution: Any claim, dispute, controversy or difference whatsoever arising out of or in connection with the performance, interpretation, application or enforcement of this contract, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
4.4 Jurisdiction: The same laws of the jurisdiction which govern the IGP Visa Centre Terms governs this agreement and the Client agrees to the courts of that jurisdiction having jurisdiction in any matter under this agreement.