Australia Migration, Immigration Australia, Migrating to Australia
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Terms of Service and Conditions

1. Introduction 

This Agreement contains our terms of service.  You are bound by this Agreement when you hire our services.  We have set out in this document our basic terms and conditions (the "Terms"), which, together with our letter of engagement (Engagement) (together called "this Agreement"), will apply to all work VISA SOLUTIONS, undertakes for you.  If there is any conflict between these Terms and the Engagement/Mandate terms, then the Engagement/Mandate terms shall prevail. 
This Agreement is an offer by us to you to enter into a costs agreement and this Agreement will be deemed as accepted by you on your acceptance of the Engagement / Mandate via electronic means in your client area. 


All references to "you" in this Agreement shall mean you as our "Client", as defined under the Legal Profession Act.  All references to "us", "we" or "our" in this Agreement shall mean VISA SOLUTIONS.

2. Selection of Firm
You as the Client have retained the services of Visa Solutions, to represent you and your immediate migrating family unit (if applicable) in an immigration matter.

3. Service Fees
The costs of our services are listed on our websites and in our Engagement Letter and finally are confirmed by either purchase online via a major credit or debit card, by a check drawn in US Dollars, or by a cashiers check or money order drawn in US Dollars.  If a payment plan was agreed upon, the entire service fee is due and fully payable prior to the filing of any paperwork with any government authority.   

 

4.  Case Acceptance by the Law Office
As many Clients purchase online on our web site before we can qualify them, we are not bound to perform any services unless we choose to accept your case.  If we choose to not accept you as a client, we will refund your fees.  If we choose to perform services, you are bound by this Agreement.

 

5. Money Back Guarantee / Refund Policy / Termination of Agreement
We will refund your professional service fee if your DHA Petition is denied due to an error on the part of Visa Solutions. Our Guarantee does not apply to the following circumstances:
• The Client provides us with a material misrepresentation or fraudulent
material,
• The Client does not meet the current immigration criteria,
• The Client has been involved in prior undisclosed immigration proceedings,
• The Client fails to answer questions or fails to provide satisfactory answers on DHA forms (or forms for related government entities) or to DHA Case Officers,
• The Client has prior undisclosed criminal convictions or medical issues, or
• The Client doesn't provide satisfactory supporting documentation or requested
information necessary to complete the application.

Further, our Guarantee/Refund Policy DOES NOT APPLY to any circumstances where the Client has a change of plans, decides not to proceed, or anything relating
to elective termination of the Agreement after retaining the services of Visa Solutions.

You may at any time terminate our Engagement and this Agreement.  If you terminate our Engagement and this Agreement you may still be liable to pay us any fees or disbursements incurred up until the date of termination.  If we are required to photocopy documents or papers held on your file or communicate with other lawyers or migration agents, following the termination of our Engagement, this may be separately charged and you will be liable for those costs.

6. Related Costs
You as the Client will be responsible for and separately pay all applicable processing fees associated with the immigration application process, including but not limited to:  Department of Immigration and Border Protection, State Governments, Government Tribunal, Skills Assessment authorities, English language tests, medical examinations, police clearances, document translations, and/or document procurement; e.g., obtaining a certified copy of your birth certificate, marriage license, etc., and any fees related to international mailings.

7.  Disbursements

You will be required upon request to reimburse us for all disbursements incurred or paid by us when acting on your behalf or while representing you.   We will not engage outside experts (assessors, accountants, doctors, etc.) without your prior approval. The requirement for you to reimburse us for disbursements under this clause does not form part of the consideration payable by you for the supply of the services under this Agreement. 

If you engaged VISA SOLUTIONS on our hourly / ad hoc rate, then these invoices will be generated prior to us commencing any work for you in the matter. If you engaged us on a fixed rate, then these invoices will generate automatically when you engage us.  Do note however that costs / disbursements and other charges not specifically included in the fixed rate as quoted will be invoiced separately based on the ad hoc rates set out in this agreement.

8. Money in trust / client account 

We may ask you to pay money in advance in respect of our anticipated fees or disbursements, such as filing/registration fees.  Any such money received by us will be deposited into our trust account and only withdrawn to pay our fees or disbursements once we issue our invoice for those fees or disbursements. Where moneys are held in trust to your account you authorize us to withdraw money from the trust account to pay our costs and disbursements. In any such case, we will provide you with a bill of costs showing that trust moneys have been so applied. You may only revoke this authorization by notice in writing addressed and delivered to us. If we are acting on more than one matter for you at any one time you agree that notwithstanding that we may hold money in trust against a matter we may apply those moneys against any amount owing to us in respect of any matter.  If our costs do not exceed the total amount advanced, we will, upon completion of your matter, refund the balance of the advance back to you.

9. Quotes and estimates 

In most cases, we will give you an estimate of any additional fees you will incur on a matter.  If we anticipate a significant increase in our estimates, we will tell you as soon as practicable after we become aware of the likely increase.  This can happen because, for example, the work involves complexities not presently apparent, or the scope of work changes as it develops. When we are instructed by you in matters where the other party has a contractual liability to you to pay our fees (for instance for employer sponsored visa applications or spouse visa applications), you will remain liable for payment until our fees are received.

10. Billing 

When necessary and with your prior approval, we will issue invoices to you periodically during the course of each matter unless otherwise agreed. Unless other payment terms are agreed, invoices must be paid within 10 days after the date of issue.  If our invoices are not paid by the due date we reserve the right to charge interest on the amount overdue at the Default Rate calculated daily.  In addition, if our invoices are not paid within 30 days after the date of issue we reserve the right to cease supplying services until full payment (including any interest charged for late payment) has been received by us. We aim to give you accurate and understandable invoices. If you have any questions about an invoice, please contact the accounting team at VISA SOLUTIONS, LLC, to discuss them.

11. Sales Tax

The consideration payable for any supply made or to be made under this Agreement is exclusive of, any goods and services tax.  If sales tax is payable on any supply or service made or to be made under this Agreement, you as the Client agree to pay these taxes. 

12. Future changes in the law, skills assessment criteria, state sponsorship lists and interpretation of the law 

Unless otherwise specifically stated, all advice is given based on the law and circumstances at the date of the advice.  We have no obligation to notify you should the law or circumstances change after the date of our advice.

13. Client Relationship

Upon hiring Visa Solutions, there exists a confidentiality relationship.  This relationship requires that we not disclose client confidences without your permission.  All of your communications with our offices will be treated in confidence.  This privilege exists to encourage candid and complete communications between the Client and Visa Solutions

As such, the Client agrees to inform, and keep Visa Solutions aware of all information, even if
negative or adverse to the Client, that might be relevant to representation in this matter.
Failure to fully disclose all relevant information to may be grounds for cancellation of
representation, at the discretion of Visa Solutions.  We expect that all information given by the Client to Visa Solutions, either orally or in writing will be accurate to the best of the Client’s knowledge.  If Visa Solutions, discovers that any information the Client supplies us is willfully inaccurate or false, Visa Solutions, is ethically bound to immediately withdraw from representation as required by law.

14. Benefit of advice 

Unless otherwise specifically stated in our Engagement, any advice or opinion relating to the services we provide is provided solely for your benefit and may not be disclosed in any way, including any publication on any electronic media, to any other party and is not to be relied upon by any other party. We shall not be under any obligation in any circumstance to update any advice or report, oral or written, for events occurring after the advice or report has been issued in final form.

15. Electronic mail 

If you ask us to transmit any document to you electronically, you agree to release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by the transmission (including by any computer virus).

16. Conflicts of interest 

Visa Solutions, may decide not to continue to carry out work if continuing to act for you will or may create a conflict of interest with any other client of Visa Solutions, or should we mutually decide to terminate the Engagement.

17. Limits of Engagement

Client agrees that the services to be provided under this Agreement are limited to the matters of immigration.  Upon completion of that matter or upon earlier termination of the
relationship as provided herein, the relationship shall end, unless the Client and Visa Solutions, have expressly agreed to a continuation with respect to other matters. In such and instance, a separate written agreement concerning those other matters will have been entered into by the parties.

18. Website Information for Advertisement Purposes

The materials on Visa Solutions, web sites have been prepared to permit visitors to our web sites to learn more about the services we offer.  These materials do not, and are not intended to, constitute specific advice about your specific circumstances and should not be relied upon as such.  Neither the transmission nor receipt of such material will create a relationship between the sender and receiver.

19. Free Consultation
Our initial online Free Consultation is intended only to prequalify a potential Client for our services. The initial consultants are not offering legal advice, as they are typically not attorneys.  As such, you should not act or rely on any information provided in the initial Free Consultation.  Only existing paying Clients have access to the supervising attorney for legal advice.

20. Retention of documents 

After the conclusion of a matter, if you wish, you may leave documents and papers in our files. However, except for those documents designated to be kept in safe custody or unless otherwise agreed, we may transfer all documents to an electronic format within 2 months after a matter is completed at which time all paper versions of those documents and papers may be destroyed.   As a matter of course all electronic records will be destroyed seven years after a matter is completed. If you do not ask us to return documents or papers within that period, we have your authority to destroy your document and papers along with the files.

21. Privacy 

We collect information about you to assist in performing legal and immigration services. We do not disclose information about you to any person except as required in the course of providing legal / immigration services. You can request access to information we hold about you by making a written request to us.

22. Variation 
No variation of this Agreement will be valid unless confirmed in writing by authorised signatories of both parties on or after the date of signature / agreement of the Engagement.

23. Limitation of Liability
At no time and under no circumstances arising from the obligations under this Agreement, or
otherwise related, will Visa Solutions, its employees or agents, be liable, financially or otherwise, for more than the Legal Fee paid by that particular client.  The jurisdiction
governing any dispute is the State of Texas.

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