Client and Agent Terms

CLIENT and AGENT Terms

The Client and the Agent agree as follows:

1              DEFINITIONS

Active Agent means an agent with an active account registered with AMAILA

Agent means the Active Agent that accepts the Offer in accordance with these Terms

AMAILA means Australian Migration Agent and Immigration Lawyer Association Pty Ltd

AMAILA Terms means AMAILA’s Website Terms of Use which can be accessed here or otherwise via www.ask-an-agent.com.au   

Client means the person or entity which submitted the Question

Fee means the total sum offered by the Client for an answer in response to the Question (as may be varied or modified via the AMAILA Portal prior to acceptance of the Offer in accordance with the AMAILA Terms)

Clarification Question means a follow up question that is submitted in accordance with the AMAILA Terms

Nominated Email means the email provided by the Client to AMAILA when submitting the Question

Offer means the offer made by the Client in accordance with clause 2.1

Question means the question submitted by the Client via the Website on these Terms (as may be varied or modified via the AMAILA Portal prior to acceptance of the Offer in accordance with the AMAILA Terms)

Terms means these Agent Terms of Engagement

Website means www.ask-an-agent.com.au  

2              TERMS OF ENGAGEMENT

2.1          Offer: The Client submits the Question to all Active Agents, or to an Active Agent specified by the Client (as the case may be) as an offer to enter into legal relations with the Active Agent(s) on these Terms and in accordance with the procedure and terms set out in the AMAILA Terms.

2.2          Acceptance: The Agent may accept and is deemed to have accepted the Offer in accordance with these Terms and the procedure and terms set out in the AMAILA Terms.

2.3          Answer: The Agent will submit an answer in the form of recommendations or advice in response to the Question in accordance with these Terms and the procedure and terms set out in the AMAILA Terms.

2.4          Clarification: The Client may submit a Clarification Question in accordance with these Terms and the procedure and terms set out in the AMAILA Terms. 

2.5          Fee: The Client must pay the Fee in accordance with these Terms and the procedure and terms set out in the AMAILA Terms.  The Fee is a fixed fee and no disbursements will be charged by the Agent.

2.6          Client acknowledgement: The Client acknowledges that the Agent cannot guarantee the success of any application and cannot predict future changes in law.

2.7          Client warranty: The Client warrants that all information and documents provided to the Agent are true, accurate, complete and genuine.

2.8          Termination: The Client or the Agent may terminate this Agreement by notice in writing at any time.  If this Agreement is terminated, then the Fee will be dealt with in accordance with the AMAILA Terms.

2.9          Code of Conduct: The Code of Conduct (Code) for registered migration agents implements a standard for the conduct of registered migration agent work.  If the Agent is a registered migration agent, the Agent guarantees that the Client can obtain a copy of the Code on request from the Agent.  The Client may also obtain a copy of the Code from www.mara.gov.au.

2.10        Copies of documents: We may provide you with a copy of your documents subject to your payment of our reasonable charges.

 

3              INDEMNITY, EXCLUSION AND LIMITATION OF LIABILITY

3.1          Except for any liability which cannot be excluded, restricted or modified by law, the Agent, its employees, agents, and contractors exclude, to the fullest extent permitted by law, all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any injury, loss, liability, or damage of any kind (including, without limitation, any direct, indirect, special or consequential loss) arising in any way from your use of the Agent’s services.

3.2          To the extent that the liability in clause 3.1 cannot be excluded, restricted or modified by law, the Agent, its employees, agents, and contractors limit liability to the Fee.

3.3          The Client hereby releases, and agrees to indemnify and hold the Agent, its officers, employees, agents, and contractors harmless from any and all liabilities, damages, injury to any person or property, losses, claims and expenses of any kind (including reasonable lawyer fees) which the Agent may incur as a result of the Client’s misuse of the AMAILA Portal or breach of these Terms.

4              MISCELLANEOUS

4.1          GST: All amounts stated are exclusive of legally applicable tax in applicable jurisdictions.

4.2          Severance: If any provision of these Terms is prohibited by law or judged by a court to be unlawful, unenforceable, or void, the provision shall to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

4.3          Dispute resolution: Any claim, dispute, controversy or difference whatsoever arising out of or in connection with the performance, interpretation, application or enforcement of this contract, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. In the event of mediation, the Ask-An-Agent team will provide Clients and Agents with support to reach a solution (Mediation Services). The Client herby agrees, that AMAILA is entitled to deduct from the disputed amount a mediation fee of  35%  (minimum fee of $125) for Mediation Services provided.

4.4          Jurisdiction: The same laws of the jurisdiction which govern the AMAILA Terms governs this agreement and the Client agrees to the courts of that jurisdiction having jurisdiction in any matter under this agreement.

 


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