CONSULTANCY AGREEMENT FOR SERVICES AND FEES

Consultant Details Name: Mohd Faizal Ayob

NRIC No: 840923-01-6759

Business Address: Unit 2, 375 Charles Street, North

Email: [email protected]

Phone: 0478 311 655

Employer Details Company Owner Name:

Company Name:

Company Registration No:

Client Details Client Name:

Passport No

Nationality

Mobile Number

Email:

Referrer Details
TERMS AND CONDITIONS

1. APPOINTMENT OF AGENT

The Client appoints the Agent to represent the Client and to perform the services described in this
Agreement.

2. CODE OF CONDUCT (THE CODE)

2.1 The Code is intended to regulate the conduct of registered migration agents by introducing a
proper standard for the

conduct of business as a registered migration agent and establishes the minimum attributes and
abilities that a person

must demonstrate to perform as a Registered Migration Agent.

2.2 The Code is intended to regulate the conduct of registered migration agents by introducing a
proper standard for the

conduct of business as a registered migration agent and establishes the minimum attributes and
abilities that a person
must demonstrate to perform as a registered migration agent.

2.3 The Agent guarantees to provide a copy of the Code to the Client on request and at a reasonable
fee.

It is also available at www.themara.com.au.

2.4 If the Code (which is prescribed in Schedule 2 of the Migration Agent Regulations 1998) is
amended in a way that is

inconsistent with this agreement, the Agent and Client agree to vary this agreement to comply with
the new Code.

2.5 If the Code is inconsistent with the agent’s obligations as a legal practitioner or otherwise, or is
inconsistent with the laws of

the Country in which the Agent is operating, the Agent and the Client agree to vary this agreement to
comply with the laws

of that Country, to the extent of any inconsistency.

3. WHO WILL PERFORM THE WORK

3.1 The Client acknowledges and consents to the immigration assistance covered by this agreement
being provided by Derrick

Peters MARN 1175659 (the “Responsible Agent”).

3.2 The Client acknowledges and consents to immigration assistance covered by this agreement
being delegated to other

Registered Migration Agents as required.

3.3 The Client acknowledges and consents to administrative services being provided by other staff.
The Responsible Agent will

properly supervise the work carried out by any staff working for the Agent.

4. THE AGENT GUARANTEES THAT HE OR SHE:

4.1 Is registered with the Migration Agents Registration Authority.

4.3 Will act in accordance with the law and in the best interests of the Client, and deal with the
Client competently, diligently

and fairly.

4.4 Has sufficient knowledge of the relevant laws to be able to competently provide the agreed
services.

4.5 Before starting work for the Client, will give the Client:

(a) an estimate of fees for each hour or each service to be performed and disbursements that the
Agent is likely to incur

as part of the services to be performed; and

(b) An estimate of the time likely to be taken in performing the services.

4.6 Will advise the Client in writing, if in the Agent’s opinion, the application is vexatious or grossly
unfounded.

4.7 If asked by a client to give an opinion about the probability of a successful outcome for the
client’s application, the agent

will give the advice in writing within a reasonable time, and may also give the same advice orally,
and will not hold out

unsubstantiated or unjustified prospects of success when advising the client orally or in writing.

4.8 Will not make statements in support of an application under the Migration Act or Migration
Regulations, or encourage the

making of statements, which he or she knows or believes to be misleading or inaccurate.

4.9 Will ensure that the Client has access to an interpreter if necessary.

(The Client will be required to pay any fees charged by the interpreter.)

4.10 Will, on request, provide the Client with a copy of their application and any related documents
(The Agent is entitled to charge a reasonable amount for copies.)

4.11 Will, if providing translating or interpreting services, include the Agent’s name and registration
number on a prominent part

of the translated document.

4.12 Has no conflict of interest in terms of Part 2 of the Code, apart from the matters disclosed in
Part 10 of this Agreement.

4.13 Has disclosed in Part 10 of this Agreement all financial benefits received from Third Parties or
provided to Third Parties as

a result of providing advice of non-migration nature to the client.

4.14 Will keep records of the clients' account, including:

(a) the date and amount of each deposit made to the clients' account, including an indication of the
purpose of the

deposit and the client on whose behalf the deposit is made; and

the date and amount of each withdrawal made in relation to an individual client, and the name of
each recipient of

money that was withdrawn; and

(c) receipts for any payments made by the client to the agent; and

(d) statements of services; and

(e) copies of invoices or accounts rendered in relation to the account.

5. THE CLIENT GUARANTEES THAT:

5.1 The Agent is able to advise the Client about immigration law at a particular point in time but is
unable to predict future changes in

the law that may affect applications after they have been lodged.

5.2 The Agent does not guarantee the success of any application.
5.3 The Agent will not be liable for any loss arising from changes to the immigration law affecting
the Client’s application, which

occurs after the application has been lodged.

5.4 The Agent is under no obligation to provide any refund should the application be refused for
reasons outside the Agent’s control.

5.5 The Agent will be under no obligation to submit the Client’s application to the Department or
review body until payment in full has

been made for all fees due and payable at that stage.

5.6 The Agent has provided the Client with a copy of the booklet titled Information on the
Regulation of the Migration Advice

Profession.

5.7 The Agent’s professional fees can be invoiced on behalf of the Agent by the Agent’s business
entity, as listed on the MARA

Register of Migration Agents.

5.8 If the Agent has advised the Client in writing that in the Agent’s opinion, an application would
be vexatious or grossly unfounded;

the Client will provide written acknowledgement of the receipt of the advice, if notwithstanding the
advice, the Client still wants the

Agent to lodge the application.

5.9 The Client bears the risk that changes in immigration law may cause an application to be refused.

5.10 The Client will respond promptly to requests by the Agent to provide further information or
documents.

5.11 The Client will not hold the Agent responsible for delays caused by the Client’s failure to
promptly provide information or

documents.
5.12 The Client is aware that failure to provide documents as required is likely to lead to an
application being refused.

5.13 The Client confirms that all information provided to the Agent is, to the best of the Client’s
knowledge and belief, true and current

and that all documents supplied are genuine and authentic.

5.14 The Client is aware that the provision of false information or documents is likely to lead to an
application being refused.

5.15 The Client is aware that failure to make prompt payments to the Department, review body or
skills assessment body may lead to

an application being refused.

5.16 The Client will, during the processing of an application, notify the Agent of any material
changes in the circumstances of the client

or any other person who may be involved in the visa application.

5.17 The Client will not sell property, leave employment, finalise any business or personal affairs or
take similar steps in anticipation of

obtaining a visa without first notifying the Agent.

5.18 The Client will advise the Agent of any change of contact details within two weeks of the
change.

5.19 The Client agrees that the Agent is the sole contact with the Department and the Client will not
contact the Department

without agreement from the Agent.

5.20 The Client agrees that if the Client breaches Clause 5.19, the Agent has the right to terminate
the contract, or in the alternative

the Agent has the right to charge additional fees at the rate of $180 per hour for any additional
services required as a result of the

breach.
5.21 The Client agrees that if they make any payment via credit card, a merchant transfer fee will be
imposed and disclosed on the

invoice.

5.22 If the application is for an employer-sponsored visa, the Client agrees that they will take no
other employment apart from the

employment that is the subject of the sponsorship agreement.

5.23 As soon as possible after giving instructions to the Agent and receiving an estimate of fees,
disbursements and the likely time to

be taken in performing services, the Client will provide written acceptance of these estimates.

6. TERMINATION OF AGREEMENT

6.1 The Client may terminate this agreement by providing written advice of the termination to the
Agent.

6.2 The Agent may terminate the agreement at any time, provided they provide reasonable written
notice to the Client. This notice

must comply with the requirements in Clause 10.1A of the Code. If the Agent terminates the
agreement, they must comply with

the requirements of Clause 10.1B of the Code.

6.3 If the agreement is terminated, the Client must pay any fees outstanding for work already
performed by the Agent. The Client is

not required to pay any fees for work not yet performed by the Agent

6.4 When the agreement is terminated, the Agent must deal with the Client’s file in accordance with
Part 10 of the Code.

7. RETENTION OF DOCUMENTS

7.1 The Agent agrees to keep securely and in a way which will ensure confidentiality all documents
provided by, or on behalf of, the
Client or paid for by, or on behalf of, the Client until the earlier of:

(a) 7 years after the date of the last action on the file for the Client; or