Terms of Service

This website (the “Site”) is owned and operated by Ugrant Migration Pty Ltd trading as Ugrant Migration (“we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Ugrant Migration. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Deliverables

The objective of our professional services is to present the visa application to the Immigration Department in the best possible manner in compliance with Australia’s immigration laws, policies and procedures.

We will provide recommendations on how you can best comply with Australian Government requirements to lodge a valid and complete visa application.  You must be aware that lodging a complete visa application may depend upon time constraints such as to when any existing visas may expire and when you wish your application to be lodged.

Specific exclusions to the scope of services

The initial payment will not be refundable once the work has commenced.

Please note 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.

 

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.

 

Your obligations to us

• Give us full and clear instructions;
• Be honest and lawful in your dealings with us (it is an offence to provide false or misleading, information, a bogus document or inaccurate personal identity information);
• Treat us with respect and trust;
• Provide documents and information within the timeframes provided;
• Understand the fees and costs associated with your matter and pay these as required under this agreement;
• Ask us questions should you not understand what is required;
• Keep us informed of any change in address, contact details or if there is any change in your circumstances (we will determine if the change is material to your application); and
• Make appointments to see your migration agent so that we can devote sufficient time to your matter and prepare any documents for you as appropriate.

 

Your responsibilities

• Provide documents and information in a timely manner or by a date specified in communications; (work on your matter can not commence until all documents and information have been provided to us);
• Provide us with original documents together with one clean copy of each document as requested by us in a timely manner, alternatively email us colour scans of documents;
• In completing the Client Questionnaire you are required to answer all questions accurately and completely; where the client questionnaire is returned to us with missing information we will return it to you for amendment. Should we be required to seek further amendment to the information provided, this constitutes additional service for which an additional fee will be charged until the questionnaire has been completed correctly;
• Sending us text messages to arrange appointments or to pass information onto us is not acceptable practice and will generally be ignored; and
• Telephone calls made to us outside of our normal business hours is considered additional service and may be charged accordingly.

 

Termination of services

Either party may terminate this Agreement at any time by giving written notice. Upon termination the client will pay the agent for the work undertaken to that point in time. Excess funds held in the Client’s Account will be refunded to you.

Under this agreement the following estimates will apply.  It is estimated that once we have commenced work  50% of the engagement has been performed; once the visa application has been drafted and ready to be lodged, the remaining 50%  of the fee becomes payable.

 

Retention of documents

It is our practice to give you copies of any documents lodged and to copy you into emails sent to and received from the authorities.  At the time the visa application is decided you will for all practical purposes have a copy of the file we retain.

It is a requirement under our Code of Conduct to retain engagement documentation for a period of seven years, after which time we will commence the process of destroying the contents of our engagement files.  To the extent we accumulate any of your original documents during the engagement, these documents will be returned to you promptly as soon as they are sighted and certified as being true copies.  You will provide us with a receipt for the return of such records.  The engagement file is our property, and we will provide copies of such documents at our discretion and if compensated for any time and costs associated with the effort particularly if you have been given copies of those documents during the course of our engagement.

In the event we are required to respond to a subpoena, court order or other legal process for the production of documents and/or testimony relative to information we obtained and/or prepared during the course of this engagement, you agree to compensate us at our prevailing hourly rates, as set out in our current Schedule of Fees, for the time we expend in connection with such response, and to reimburse us for all of our out-of-pocket costs incurred in that regard.

 

Privacy Act & Client Confidentiality

We are not bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988.  However as a matter of internal policy and in complying with our obligations under the Registered Migration Agents Code of Conduct we adhere to the underlying values contained in the APPs.  The personal information you provide to us is collected, used and disclosed to other entities in the continuance of your immigration matter where you have a reasonable expectation that your personal information will be used and disclosed by us.  This could include, but not limited to, the Department of Immigration and Border Protection, skills assessing authorities, your sponsor (family sponsor or employer sponsor/nominator), regional certifying bodies (visa subclass 187), State or Territory Governments (for sponsorship/nomination purposes, for example subclass 132, 188, 190, 487, 489, 887 and 888 visas); and the Australian Federal Police and/or foreign police services (where you request us to apply for police clearances on your behalf).

 

Resolution of disputes

If a dispute arises out of, or in relation to this 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 discuss the dispute with the aim of reaching an agreement that is acceptable to both sides.

The agreement will be documented in writing, dated and signed by both the Agent and the Client. If one party requests an opportunity to discuss the dispute, the parties should attempt to reach an agreement within 21 days of that request (or a longer period if agreed between the parties).

If we cannot reach an agreement within 21 days, it is agreed that the dispute will be referred to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC; the results of any such mediation shall be binding only upon agreement of each party to be bound.  The costs of any mediation proceeding shall be shared equally by the participating parties.

If the parties have been unable to resolve their dispute through ACDC, either party may commence Court proceedings but not before the expiry of 28 days from the date of referral to ACDC.  Court proceedings are strictly limited in the State or Territory of the principal office of the Registered Migration Agent.

A client may seek to vary the procedure set out in this clause if the Client can establish that DIBP requires the Client to immediately depart Australia.