Costs Agreement

1. Agreement

1.1 Thank you for engaging us, Maison Chen Law Group Pty Ltd (ABN 51 648 831 967) (referred to as “we”, “us”, or “our”), to provide the Services to you, the individual or entity set out in our Quote (referred to as “you” and “your”) (each a “Party” and together the “Parties”).

1.2 We will provide the Services to you in accordance with this Agreement, which includes the Quote (and any documents or webpages linked within the Quote) that we have provided to you for the relevant Services, together the “Agreement”.

1.3 You acknowledge that if we refer you to a third-party provider, we may receive a financial incentive (such as a referral fee) from that provider.

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2. Acceptance and Commencement

2.1 You will be deemed to have accepted this Agreement by:

(a) paying any part of our fees for the relevant Services;

(b) signing this Agreement or accepting this Agreement online; or

(c) instructing (or continuing to instruct us to proceed with the provision of the relevant Services.

2.2 We will commence the performance of the Services within a reasonable time after the later of:

(a) the Commencement Date;

(b) the receipt of payment of the Price and any relevant Disbursements in accordance with the Quote (including any instalments or other initial payments or deposit); and

(c) the satisfaction of any other conditions precedent contemplated by this Agreement (including your provision of any relevant documents for your Application, such as the Authority to Act and a form of identification).

2.3 This Agreement will operate from the Commencement Date to the End Date, as stipulated in the Quote (Term).

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3. Services

3.1 In consideration of your payment of the Price, we will perform the Services in accordance with this Agreement, whether ourselves or through our Personnel (including an Agent or Lawyer).

3.2 We agree to provide the Services with due care, skill and diligence and in a timely and efficient manner. Where we provide a timeframe for delivery of the Services, you acknowledge and agree that it is an estimate only and creates no obligation on us to provide the Services, including the lodgement of your Application, by that time.

3.3 You agree that any decision, result or outcome of your Application and the timing for the Department to process your Application, is beyond our control and that we cannot guarantee any decision, result or outcome, including the success, approval or timing of any Application. The Price is non-refundable, regardless of the outcome or timing of your Application, subject to your Statutory Rights.

3.4 You agree that additional lodgements of your Application or the repetition of stages will incur additional fees beyond the Price specified in this Agreement.

3.5 The Code of Conduct regulates 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 in Australia. We agree to provide a copy of the Code of Conduct to you on request and at a reasonable fee. It is also available at www.mara.gov.au and at our reception.

3.6 You agree that our provision of the Services is in accordance with the Laws that are applicable at the time of the provision of the Services. We are unable to predict future changes in the Laws that may affect the Services, and that such changes may affect the status or outcome of your Application.

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4. Appointment

4.1 You agree:

(a) that by engaging us to perform the Services, you appoint the Agent or Lawyer to represent you, on your behalf, for the Services (including the Application);

(b) to the Services covered by this Agreement being delegated to other registered migration agents or lawyers, if required, and if agreed by you, such registered migration agents or lawyers will be considered the Agent or Lawyer for the purposes of this Agreement;

(c) that administrative services may be provided by other Personnel. The Agent or Lawyer will properly supervise the work carried out by Personnel if relevant to the provision of the Services;

(d) that we will be the sole contact with the Department, and you will not contact the Department without receiving written consent from us;

(e) that any of our Personnel’s registration with MARA or any relevant Legal Accreditation Body does not involve accreditation by the Commonwealth Government of Australia, or that such a registration involves a special or privileged relationship with the ministers or officers of the Department, MARA or any other agency or organisation; and

(f) that by engaging us to perform the Services, you are providing us with permission to check your details in VEVO

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5. Visa Application ‍

5.1 We will, on request, provide you with a copy of your Application and any related documents. We are entitled to charge you a reasonable amount for such copies as well as for archiving and postal services.

5.2 If you request us to give an opinion about the probability of a successful outcome for the Application, we will give the advice in writing or orally, and will not hold out unsubstantiated or unjustified prospects of success when advising you.

5.3 You agree to promptly:

(a) notify us if you plan to sell property, leave employment, finalise any business or personal affairs or take other similar steps in anticipation of obtaining a visa;

(b) notify us of any material changes in your circumstances or the circumstances of any other person who may be included in your Application;

(c) notify us of any change to your contact details or if you plan to reside at any other address for a period of more than 14 consecutive days. You agree that if you change your contact details and fail to advise us, we will not be able to contact you about matters relating to your Application, which may affect the outcome of your Application; and

(d) respond to any of our requests regarding the completion of the Application. You agree that failure to promptly respond to any of our requests regarding the completion of the Application may require us to work on days that are not Business Days or after business hours, and we may charge additional fees for work performed on days that are not Business Days or after business hours, as set out to you in writing.

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6. Invoicing and Payment

Price

6.1 You acknowledge and agree that:

(a) the Price set out in the Quote is an estimate only. We will notify you of:

(i) any material change in the Price of providing the Services as soon as we are aware of the likelihood of a material change occurring; and

(ii) any likely extra costs or Disbursements associated with the Services;

(b) any Quote is valid for 3 months from the date it is issued. If the time elapses, you must contact us for a new Quote;

(c) in general, Application fees increase in July of each year, and there may be a necessity for you to pay the balance of the fees in the event the Application fees rise after we receive any monies from you; and

(d) regardless of the outcome of your matter or you change your mind regarding requiring our Services, our fees (including the initial payment) are non-refundable within the scope as permitted by Law.

6.2 We may charge you on:

(a) a fixed-fee basis; or

(b) an hourly rate basis,

as set out in the Quote. You agree to pay the Price at the times, and using the payment method, set out in any Quote (or as otherwise agreed by us).

Expenses and Disbursements

6.3 You are responsible for paying expenses and Disbursements which we incur in carrying out your instructions or in performing the Services. If you request Services that require Disbursements, we will endeavour to let you know the costs in advance, where possible.

Payment

6.4 In consideration for us providing the Services, you agree to pay us:

(a) the Price; and

(b) any other amount payable to us under this Agreement,

in accordance with the Payment Terms.

6.5 You acknowledge and agree that:

(a) payment by credit card; and

(b) receipt of payment from international bank transfers,

may incur an additional merchant and/or bank fee payable by you.

6.6 If any payment has not been made in accordance with the Payment Terms or this clause 6, we may (at our absolute discretion):

(a) immediately cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so;

(b) no earlier than 30 days after you receive our invoice, engage debt collection services and commence legal proceedings, and you acknowledge and agree that you are liable for the recovery costs charged by a debt collection services provider (as a debt due and immediately payable);

(c) no earlier than 30 days after you receive our invoice, charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with the Payment Terms; and/or

(d) retain all documents or materials created for you until we receive payment.

6.7 You agree that we will be under no obligation to undertake the relevant part of the Services until payment in full has been made for all amounts due and payable at that stage. You agree that failure to make prompt payments to the Department may affect the outcome of your Application.

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7. Your Rights

7.1 You have a right to:

(a) negotiate a costs agreement with us. You may want to seek independent legal advice before agreeing to the costs we propose to charge in this matter;

(b) negotiate the billing method with us;

(c) request an itemised bill within 30 Business Days after receiving an invoice that is not itemised, or is only partially itemised, from us;

(d) be notified of any significant change to the Price or estimate of the Price;

(e) seek the assistance of the Victorian Legal Services Commissioner (Vic) or Office of the Legal Services Commissioner in the event of a dispute about legal costs; and

(f) apply for a costs assessment of our invoices, apply to have a Quote set aside, and/or make a complaint about us to the Victorian Legal Services Commissioner.

8. Additional Services

8.1 If you request additional legal or migration services beyond the scope set out in this Agreement (including the Quote) (Additional Services), we will either:

(a) provide you with a further quote for fixed fee work; or

(b) charge you professional fees on a pro-rata or hourly basis for the Additional Services based on the rates we advise you of in a Quote or otherwise in writing.

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9. Third Party Assistance

9.1 Where we are required to engage a third party, for example, a barrister, on your behalf, you will be responsible for this cost.

9.2 If relevant, we will discuss this with you and consider your wishes when briefing the barrister or third party. This requirement will not apply where circumstances of urgency make it impracticable to discuss this with you before instructing a barrister or other third party.

9.3 If you instruct us to engage a third party on your behalf, we will provide you with information regarding the fees they will charge and, if relevant, the likely recovery of those fees from another party. You may be required to enter into a separate arrangement with the third party.

9.4 We are not responsible for the quality of service provided by third parties engaged by you.

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10. Transferring

10.1 In the interests of avoiding payment fraud, we have a strict policy of not emailing payment details to clients without first calling to verify the same. If you receive an email from us requesting payment and providing payment details, please contact us to verify the details before making the payment. We will not be liable for any payments made to a third party.

10.2 In addition to clause 10.1, you represent, warrant, and agree that you will:

(a) not transfer any amount more than $2000.00 without contacting to verbally confirm any bank account details or instructions;

(b) when calling to check the matters in clause 10.2(a), first check if the phone number is different to ours (as can be found on our website or is otherwise 03 7065 1628);

(c) contact any sender to check the legitimacy of any documents before opening any attachments or links in emails;

(d) contact us if in doubt about any emails or other electronic communications; and

(e) give the same warnings to others.

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11. Obligations and Warranties

11.1 At all relevant times, you represent, warrant and agree that:

(a) there are no legal restrictions preventing you from accepting this Agreement;

(b) all information and documentation that you provide to us is true, correct and complete;

(c) you will comply with this Agreement, our reasonable requests or requirements, and all applicable Laws;

(d) you will provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to provide the Services and comply with our obligations under this Agreement; and

(e) we will be the sole contact with the Department, and you will not contact the Department without receiving written consent from us. If you contact the Department without such consent from us, we reserve the right to remove ourselves as your appointed representative from the Department’s records and you will provide the relevant documents to facilitate such a removal.

11.2 At all relevant times, we represent, warrant and agree that:

(a) any Agent or Lawyer providing you with the Services are appropriately credentialed and registered;

(b) we will obtain and maintain the required level of professional indemnity insurance;

(c) we will comply (and ensure the Agent or Lawyer complies) with all applicable Laws;

(d) we will act in accordance with the Law and in your best interests and deal with you competently, diligently and fairly;

(e) the Agent or Lawyer will not make statements in support of an application under Law or otherwise encourage the making of statements which he or she knows or believes to be misleading or inaccurate; and

(f) there are no legal restrictions or conflicts preventing us from providing the Services to you. If we do, we will inform you and may advise you about seeking help from another organisation, or if we are no longer able to act for you, we may terminate this Agreement.

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12. Copyright, Retention and Copying of Your Documents

12.1 You acknowledge and agree that copyright in our legal advices and documents (Documents) belongs to us and that we make Documents available to you under licence from us, as set out in this Agreement.

12.2 You are permitted to use the Documents for your personal or business use.

12.3 You are not permitted to reuse the Documents for another use, nor to provide the Documents to third parties to reuse or to benefit from (or attempt to benefit from) in a commercial fashion, including that you are not permitted to re-sell, copy reproduce, transmit electronically or otherwise use the Documents in whole or in part, in any manner whether in original form or amended in any way unless you have requested and received written permission (including by email) to use the Documents in another way.

12.4 Despite any provision to the contrary, if you terminate this agreement prior to the end of the Term, your licence to use the Documents for any reason will be immediately revoked.

12.5 Unless otherwise agreed or required by law, on completion of the Services, we will retain your Documents for 7 years after the date of the last action on the file for you or when the Documents are given to you or dealt with in accordance with your written instructions, whichever is earlier.

12.6 We agree to keep all other records required by section 56 of the Code of Conduct for 7 years after the date of the last action on the file for you. After this date we may destroy the Documents and records above in a way which will ensure confidentiality.

12.7 Archiving fees may be charged to you, and you consent to us charging you, for the cost of retaining your completed file for a minimum of 7 years, and unless otherwise instructed by you, secure destruction of your client file at the end of that statutory 7-year retention period. This period does not apply to files containing binding financial agreements.

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13.Confidential Information

13.1 We will preserve the confidentiality of the information, documents and details you provide to us during the provision of the Services.

13.2 We may, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter, where permitted or required by law to do so, or where such information is no longer Confidential Information.

13.3 You must keep the terms of our engagement (including this Agreement) confidential, including any Quote or other materials.

13.4 This clause 13 will survive the termination or expiry of this Agreement.

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14. Termination

14.1 The Parties may mutually agree to terminate this Agreement.

14.2 You may terminate this Agreement at any time by providing 30 days’ notice in writing to us.

14.3 This Agreement will terminate immediately upon written notice by:

(a) us:

(i) if you breach any provision of this Agreement and that breach has not been remedied within 10 Business Days of being notified by us;

(ii) if you fail to provide us with clear or timely instructions or information to enable us to perform the Services;

(iii) for any other reason outside our control which has the effect of compromising our ability to perform the Services;

(iv) if, in our reasonable opinion, there is a breakdown in the relationship between us and you;

(v) if, in our reasonable opinion, we consider your Application to be illegal, vexatious and/or grossly unfounded; or

(vi) if you are unable to pay your debts as they fall due; and

(b) you, if we:

(i) are in breach of a material term of this Agreement, and that breach has not been remedied within 10 Business Days of being notified by you; or

(ii) are unable to pay our debts as they fall due.

14.4 Upon expiry or termination of this Agreement:

(a) we will immediately cease providing the Services;

(b) you must promptly return (where possible), or delete or destroy (where not possible to return), any of our Confidential Information, Intellectual Property and/or documents containing or relating to our Confidential Information or Intellectual Property, that is in your possession or control;

(c) we agree to comply with the requirements of part 10 of the Code of Conduct, including returning your documentation within 7 days of being asked by you and taking all steps necessary to return your documents promptly. However, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to this Agreement constitutes your authority for us to retain or destroy documents in accordance with the statutory periods or on termination of this Agreement; and

(d) pursuant to clauses 14.3(a)(i), 14.3(a)(v) or 14.3(a)(vi), you also agree to pay us our additional costs arising from, or in connection with, such termination.

14.5 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.

14.6 This clause 14 will survive the termination or expiry of this Agreement.

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15. Australian Consumer Law

15.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the performance of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

15.2 If the ACL applies to you as a consumer, nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.

15.3 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.

15.4 This clause 15 will survive the termination or expiry of this Agreement.

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16. Liability

Exclusions to Liability

16.1 Nothing in this Agreement is intended or operates to exclude your rights and remedies, or our obligations and liabilities under the Australian Consumer Law.

16.2 Our liability is limited by a scheme approved under Professional Standards Legislation.

16.3 To maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) your or your Personnel’s acts or omissions;

(b) any works, services, goods, materials or items which do not form part of the Services (as expressed in this Agreement) or which have not been provided by us;

(c) the timing or outcome of the Application;

(d) any change in Laws that may affect the Application;

(e) any delay in us providing the Services to you, for whatever reason; and/or

(f) any event outside of our reasonable control.

Limitations on Liability

16.4 Despite anything to the contrary, to the maximum extent permitted by law (but subject to your Statutory Rights):

(a) neither Party will be liable for Consequential Loss;

(b) our liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions; and

(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

16.5 This clause 16 will survive the termination or expiry of this Agreement.

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17. GST

17.1 If GST is payable on any supply made under this Agreement, the recipient of the supply must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under this Agreement and must be paid in addition to the consideration expressed elsewhere in this Agreement unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.

17.2 If an adjustment event arises in respect of any supply made under this Agreement, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.

17.3 If the recipient is required under this Agreement to pay for or reimburse an expense or outgoing of the supplier or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.

17.4 The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

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18. General

18.1 Amendment: This Agreement may only be amended by written instrument executed by the Parties. Where we wish to vary this Agreement, we will provide you with notice of the proposed amendment, the reasons for the proposed amendment, and any other matters required by the Code of Conduct or Law. If the Code of Conduct or any Law is amended in a way that is inconsistent with this Agreement, the Parties agree to vary this Agreement to comply with the new Code of Conduct or Law. .

18.2 Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

18.3 Consumer Guide: Issued by MARA tells you what an Agent does and what rules an Agent must follow. We agree to provide a copy of the Consumer Guide to you before we provide the Services and on request (at a reasonable fee). It is also available here.

18.4 Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.

18.5 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

18.6 Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

18.7 Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and your obligations under it.

18.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control.

18.9 Governing law: This Agreement is governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

18.10 Joint and several liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under this Agreement.

18.11 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

18.12 Online execution and e-signatures: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service. The Parties agree that electronic signatures may be used in the execution of this Agreement, and such electronic signature will be provided in accordance with any applicable Laws.

18.13 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988(Cth) and any other applicable legislation or privacy guidelines.

18.14 Publicity: Subject to clause 13, and to the extent permitted by law, you agree to provide us with reviews as to the provision of our Services to you, including if requested by us, on any social media pages. You agree that we may advertise or publicise the broad nature of our provision of the Services to you, including on our website or in our promotional material.

18.15 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

18.16 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

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19. Definitions and Interpretation

19.1 In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them within this Agreement, in the Quote, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Agreement means these terms and conditions and any documents attached to, or referred to in, each of them, including the Quote.

Agent refers to any individual who is a registered migration agent that will assist you in connection with the Services.

Application means any visa application that we lodge on your behalf including but not limited to the skills assessment authorities, professional registration bodies, or the Department.

Authority to Act refers to the document we will supply that allows us to receive your consent to provide the Services to you or that is otherwise accessible here.

Business Day means a day on which banks are open for general banking business in Melbourne, Victoria, excluding Saturdays, Sundays and public holidays.

Code of Conduct means the ’Code of Conduct for registered migration agents’ as published by the Department (effective 1 March 2022).

Commencement Date refers to the date by which we commence the Services as stipulated in the Quote.

Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Department means the Department of Home Affairs, or any other department or government agency or authority that may replace the Department of Home Affairs, or that may deal with migration matters, from time to time.

Disbursements means any disbursements, costs and third party costs, reasonably and directly incurred by us for the purpose of the performance of the Services, and may otherwise include (but are not limited to) photocopying, faxing, postage, and other petty costs for barristers, process servers, court and additional government fees and duties (e.g., stamp duty), couriers and fees for other usual enquiries, if required.

End Date refers to the date stipulated in the Quote.

GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

Intellectual Property means any copyright, registered or unregistered designs or trademarks, domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with this Agreement or the performance of the Services and include Schedule 1 of the Legal Profession Uniform Law Application Act 2014 (Vic), the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW), the Migration Act 1958 (Cth), Migration Regulations 1994 (Cth) and Schedule 2 of the Migration Agents Regulations 1998 (Cth).

Lawyer refers to any individual who has been admitted to the legal profession in Australia that will assist you in connection with the Services.

Legal Accreditation Body refers to an organisation in each State and Territory in Australia that is responsible for the regulation of Lawyers in that jurisdiction.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.

MARA means the Migration Agents Registration Authority.

Payment Terms means the timing for payment of the Price for the Services (and any other amounts payable under this Agreement), as set out in the Quote.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, and in respect of us, includes the Agent or Lawyer.

Price means the price set out in the Quote.

Quote refers to any document setting out the particular Services we will provide to you and the Price for those Services.

Services refers to the services as described in the Quote.

Statutory Rights has the meaning given in clause 15.1.

Term has the meaning given in clause 2.3.

VEVO refers to the Visa Entitlement Verification Online system.

19.2 Interpretation. In this Agreement, unless the context otherwise requires:

(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;

(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;

(c) a reference to a person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;

(f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;

(g) a reference to time is to local time in Melbourne, New South Wales; and

(h) a reference to $ or dollars refers to the currency of Australia from time to time.