SERVICE CONTACT & AGREEMENT

Case No: ____________

SERVICE CONTRACT & AGREEMENT

THIS AGREEMENT is made this ________________ day of _________________ 2003.

BETWEEN AAEMC (Melbourne), the trading name of Migration Partners P/L, Level 7, 388 Lonsdale St, Melbourne, Australia 3000 of the one part

(the Company) AND

____________________________________________________of the other part (the Client).

This agreement sets out the terms and conditions of the representation and the costs and charges the Client, with respect to an immigration application, pays to the Company.

_____________________________________________________________ [The Applicant(s)]

has instructed the Company to act on their behalf in respect of an immigration application and for fees specified herein. Both the Company and the Client agree to be bound by the contents of this agreement.

IT IS AGREED AS FOLLOWS:

1. FEES

1.1 LODGEMENT APPLICATION FEE AND OTHER RELEVANT GOVERNMENT FEES

The Client agrees to pay all lodgement and appeal fees by providing clear funds for the amounts relevant to their application(s), assessment(s) and appeal(s) in relation to the application(s) which is the subject of this agreement.

The fees are as follows:

DIMIA VISA APPLICATION FEE:……………………………… ……………….……..…$______________

Health (Medical/X-ray) Examinations:……………… …………………………………....$_______________

Police Check(s):……………………………………………………… ………………….….. $_______________

English Language (IELTS) Test: ……………………………………………………….…...$_______________

Skills Assessment: ……………………………………………………………………….…...$_______________

Second instalment of DIMIA fee (English tuition for family member), if applied .... $_______________

(Please note these fees are separate from the Administrative Fees charged by the company. Lodgement, Appeal and any other Government/Assessment Fees are to the paid by the Client(s) and are not refunded if the application is not successful.)

PLEASE ALSO NOTE THESE FEES MAY CHANGE WITHOUT NOTICE AS THEY ARE SET BY THE FEDERAL GOVERNMENT/ASSESSMENT BODY.

2. EXTRA COSTS

The preparation of the application may incur extra costs, for translation of documents, international postage, etc. Such costs are not included in this contract. The client may obtain these services from other parties. The Agent may offer to provide these services to the client; if so, the client is free to decline such offer and obtain these services from other parties instead. The Agent is not bound to offer to provide such services. Such costs cannot be estimated in advance, as they will depend on the nature and volume of documents to be translated, posted, etc.

3. ADMINISTRATIVE FEES TO BE CHARGED:

3.1 The type of visa prepared as part of this agreement:

On behalf of the above named applicant(s), the Company agrees to prepare and lodge an application of the type that is ticked here below:

Visa Sub-class/category: 880, 136, 139, 50 Points Case: ……………………….

Visa Sub-class/category: 880, 136, 139, 60 Points Case: ……………………….

Sub-class/category: Australian Family: …………………………………….…….

Sub-class/category: Australia Business: ………………………….……………….

Student subclass: ……………………….…………………………………………….

Other (please indicate): ………………………. …………………………………….

3.2 The total Administrative Fees charged by AAEMC (not including extra charges outlined in Section 2 above) is: AUD$______ plus GST* A$________.

*GST means any goods and services tax, consumption tax, value added tax or like tax.

3.3 FEES SET BY THE COMPANY

Both Parties agree to pay in instalments. The instalment amounts are indicated below. These instalments will be due either when the corresponding Key Status is achieved OR by the corresponding date where a date is indicated. (You will be notified when the Key Status is achieved).

Where single instalment payment is required, the entire fee set by the company will be payable when either the corresponding Key Status is achieved OR by the corresponding date where a date is indicated.

Instalment Amount	Key Status or Date The instalment amount is due when this Key Status is achieved or this date is reached
$	Contract Signed
$	Skills Assessment Passed
$	PVA Lodged
$	Visa Lodged
$	Appeal Lodged
$	Appeal Granted
$	School Lodged
$	School confirmed
$	COE Received
$	Enrolment Finalised

3.4 The total charged is to be paid in advance of the work done. This is then held by the Company for the client in a client account. The Company deducts payments from the client account when the Company completes key status points in the handling of the contract. These key status points indicate major steps in the progress of the contract.

Attachment A, at the end of this contract, illustrates the various visa types that the Company may manage on behalf of the client. Each visa type is divided into various key status points. A percentage point accompanies each key status point. These percentages indicate both the proportion of work completed at that point, and also the proportion of funds that may be deducted from the client account in payment for work performed in achieving completion of the particular key status point.

The client is notified when the contract reaches each key status point, before any money is deducted from the client account for payment.

3.5 When the Company is entitled to cost the file as a result of termination or withdrawal the Company is entitled to charge AUD$250.00 per hour.

4. THE SERVICES TO BE PROVIDED:

. Legal research inclusive of all relevant Migration Law regulation etc;

. Document review/assessment;

. Advise on document/Form preparation;

. Preparation and typing of Application Forms;

. Preparation, Completion and Lodgement of Skills Assessment (if applicable);

. Preparation, Completion and Lodgement of Primary Application;

. File/Application Management/Follow-up.

Please be advised that the Migration Agent may do this work in conjunction with other Migration Agents who work as consultants in this practice.

5. ESTIMATED DURATION OF THE APPLICATION SERVICE:

The Company takes all reasonable steps to ensure that the application is processed without delay. However, the Company cannot guarantee the time that the application process may take. The process is affected by factors such as the ready availability of documents, processing by government departments, changes to government regulations, etc and these factors may vary during the process of the application.

The probable duration of the application process of the visa type indicated above is ____________________________________________.

6. REMAINING IN CONTACT

It is absolutely essential that you advise the company immediately in writing of any change to your contact details. You must also immediately advise the Department of Immigration if you are going to be residing at any other address for a period of more than fourteen consecutive days. If you are unsure about these obligations, please contact the company immediately.

If you change your contact details and do not advise the company of the new details, we will not be able to contact you about important matters relating to your file. This may lead to the rejection of your application. Neither the company nor its agents will be responsible for this if you have not advised the company in writing of your new details.

7. COMPLAINTS PROCESS

If you have any problem with the service provided to you under this contract, please raise it immediately with the agent and he/she will attempt to resolve any problem to your mutual satisfaction. If you continue to be dissatisfied with the service you are entitled to make a complaint to the Migration Agent’s Registration Authority.

8. CODE OF CONDUCT

You should be aware that the agent is bound by a Code of Conduct and the agent guarantees that a copy of this Code can be obtained from the agent on request.

9. REFUND POLICY:

The Company undertakes to deduct AUD$_____________ as basic administration fee at any event that the application is unsuccessful. If the application is finally rejected (except in respect to Character, Medical or Fraudulent grounds [see below]) the company will refund AUD$______________ to the client if the total service fee (AUD$______________) is paid.

The refund does not apply in the event the following conditions occur:

1) The Client/Applicant withdraws the application from either this Company or the Department / Embassy.

2) If the applicant fails, or refuses, to attend to all administrative or legal procedures necessary to complete the processing of the application.

3) If the application is rejected on the basis the applicant and/or any family members fail the Health Check.

4) If the application is rejected on the grounds that the applicant and/or any family members fail the Character Assessment (non-criminal record).

5) If applicant failed to meet English Language requirement (where applicable).

6) If application is rejected on the grounds the applicant submitted fraudulent, or forged, documents.

7) THE COMPANY does not take any responsibility in the authenticity/bona fide’s of documents. It is the Client’s/applicant’s/Sponsor’s responsibility to ensure all documents supplied/provided to THE COMPANY are not fraudulent/forged documents.

8) If the application is rejected on the grounds the applicant failed to supply requested documents by a date specified by the Immigration Department.

9) If the application is rejected on the grounds the applicant failed to attend to an interview/Hearing on a date specified by the Immigration Department.

10) If the application is rejected as a result of a change in law subsequent to the lodgement of the application.

11) The application is not finalised with a specific time.

12) THE COMPANY does not guarantee this application will be finalised, either positively or negatively, within a certain time.

13) THE COMPANY does not guarantee a certain, or specific, outcome for this application.

14) The application is rejected on the grounds no acceptable Assurance of Support was provided by the Client.

15) If the application is rejected because of the Marriage Relationship of any person included in the application.

10. TERMINATION OF CONTRACT

If a Client fails to make payments as required under the Contract and fails to respond to two (2) requests from the Company to remedy the default, the Company shall be entitled to terminate the Contract after 21 days of posting the second request, and no refund shall be payable to the client as a result of this except funds lodged in the Client Account for Management services if the application has not been lodged/determined.

The Company is entitled to terminate this Contract if the Client fails to respond to three (3) requests by the Company to contact the Company for the purpose of obtaining further documents / evidence / information from the Client as required or requested by the Immigration Department and no refund shall be made to the client.

THE COMPANY DOES NOT guarantee that the application will be finalised within a prescribed period of time and can only provide an estimate of current processing periods applicable to the application category.

11. YOUR DOCUMENTS

As part of doing the work on your behalf, the Company may occasionally need to retain original documents. These will be returned to you when they are no longer required. If for any reason original documents are left in the Company’s possession at the end of your matter, these will be held on file for a period of up to 5 years after which time they will be destroyed.

You are entitled to a copy of any application made under the Migration Act and Regulations and any related documents. If you require a copy of these documents, please do not hesitate to ask.

12. CONFIDENTIALITY

The agent handling your file is a registered migration agent and as such, is bound by a Code of Conduct that requires him/her to treat all information you give him/her as confidential. Obviously, however, he/she will need to disclose some or all of this information to certain authorities including; the Department of Immigration, the relevant assessing authority, the Australian Federal Police and Health Services Australia. By signing this agreement, you authorise the agent to disclose this information to these and any other agencies that require the information for the purposes of processing your application.

13. SIGNING:

I/we, the Client(s), accept and understand the terms of representation as described above. In signing, I also acknowledge that the Agent has provided me with a copy of the document Information on the Regulation of the Migration Advice Profession.

Signed by the Client(s) after having read and understood the above

Client(s)’ print name: ________________________Date of Birth: _____________________

Client(s)’ signature: __________________________________________________________

Date: ______________________________________________________________________

Address: ____________________________________________Post Code: ______________

Signed by Migration Agent & authorised representative of AAEMC (Melbourne):

Signature: __________________________________________________________________

Registered Migration Agent

Date: ______________________________________________________________________

Attachment A

© The HIMA Group, 2002

or in any way used without authorisation.

Internal Company Use Only

Valid from Dec.1, 2002

Case Status

1. MIGRATION DEPT.

(1) Australian Skill Migration (50 points occupation):

Key status:

Contract Assessment Visa Visa

Signed Granted Lodged Granted/Finalized

35% 20% 20% 25%

Workload Workload Workload Workload

(2) Australian Skilled Migration (60 points occupation)

Key status:

Contract Assessment Visa Visa

Signed Granted Lodged Granted/Finalized

35% 35% 15% 15%

Workload Workload Workload Workload

(3) Australian Family Migration (except Spouse):

Key status:

Contract Visa Visa Granted/

Signed Lodged Finalised

35% 30% 35%

Workload Workload Workload

(4) Australian Spouse:

Key status:

Contract Visa Visa Granted/

Signed Lodged Finalised

35% 35% 30%

Workload Workload Workload

(5) Australia/New Zealand Long term Business /PR business Visa:

Key status:

Contract Visa Visa Granted/

Signed Lodged Finalized

35% 30% 35%

Workload Workload Workload

(6) MRT, AAT, ART

Key status:

Contract Appeal Appeal Granted/

Signed Lodged Finalised

40% 30% 30%

(7) Australian/New Zealand Student Off-shore:

Key status:

Contract School PVA Visa Visa

Signed Confirmed Lodged Lodged Granted/Finalized

35% 15% 25% 15% 10%

Workload Workload Workload Workload Workload

(8) Australian /New Zealand Student On-shore:

Key status:

Contract Visa Visa Granted/

Signed Lodged Finalised

50% 0% 50%

2. EDUCATION DEPT

Note: Consultants in China Student section are entitled to earn “Enroll Authorized” Status only.

Key status:

Enrollment School COE Enrolled

Authorized Lodged Received /Finalized

25% 25% 25% 25%

Workload Workload Workload Workload