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Thursday, 09 September 2010
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Service Agreement

Online Migration Pty Ltd is committed to the provision of the highest possible quality of service at all times. The following Service Level Agreement (‘SLA’) outlines the general terms and conditions under which we provide our consulting services.

Please note that by making a payment and engaging Online Migration to provide you with Australian immigration advice, you are confirming that you understand and agree to the terms and conditions of this SLA.

Some Useful Definitions

Advisor - means the Online Migration advisor appointed to your case. This individual does not give migration advice.

Migration Agent – means a MARA registered migration agent

Business day - means 9am to 5pm on Monday to Friday, excluding any gazetted Australian public holidays.

Client (‘You’) - means a Registered User of the Online Migration Website that has generally made a payment to Online Migration Pty Ltd for the provision of Australian immigration or Lifestyle Services advice.

DIAC - means The Department of Immigration and Citizenship.

Online Migration – Online Migration Pty Ltd – Study Match Pty Ltd is a subsidiary of Online Migration Pty Ltd

MARA - means The Migration Agents Registration Authority.

Registered User ('User') - means a visitor to the Website that has been given valid access to the Online Migration members area by way of an approved username and password.

Service/ Services - means the service which you request Online Migration to provide from the list specified on the Website. Online Migration reserves the right to alter the Service from time to time. A current description of the Service may be found in the Our Services link.

Website - unless otherwise specified, this means the Online Migration website www.onlinemigration.com.au

1. SUPPLY OF SERVICE(S)

Upon receipt of payment, Online Migration shall appoint an Advisor to (as applicable) analyse your profile, discuss your case by telephone, prepare written advice and/ or supporting documentation and respond to your case related queries online.

Your engagement of Online Migration is strictly personal and we will not discuss your case, information or Service(s) with any third party enquiring on your behalf (including family) unless you provide express instruction that the third party in question is authorised to do so.

Online Migration reserves the right to appoint a new Advisor or Migration Agent, whether temporarily or permanently, to provide the Service(s) at anytime and without notice.

Where a time frame is specified, Online Migration will use its best endeavours to adhere to the given period, however as cases are managed on an individual basis, the Service may take longer to provide in certain circumstances. In such an event, Online Migration shall notify the client of this delay within twenty-four (24) hours of the promised service delivery time.

2. LIMITATIONS OF SERVICE

Your Advisor or Migration Agent will provide advice based on the specific information you supply on your application, hence if limited detail is available, certain assumptions may be necessary.

As cases can vary considerably from client to client, any guidance or comments are personal and intended only for you and should not be applied to the circumstances of any third party.

The advice provided by your Advisor or Migration Agent is communicated on the belief that it reflects current Australian immigration laws, policies and regulations.

Whilst Online Migration and its advisors and migration agents endeavour to offer the best possible advice; immigration laws, policies & fees are subject to frequent change without notice and no responsibility is accepted for any errors in the guidance and information provided, typographic or otherwise.

Online Migration does not and cannot make any guarantees in relation to the approval or validity of any visa application made by you or by Online Migration on your behalf. The power to grant or refuse visa applications vests solely in DIAC or any other government department authorised by law.

Online Migration is not engaged in rendering taxation, business, accounting, investment or other professional advice or services which are unrelated to Australian Immigration matters or enrolment in Australian education courses; unless expressly stated otherwise by Online Migration in relation to any particular Service being provided. Online Migration advises clients to seek separate independent professional advice regarding these matters.

The Client also acknowledges and agrees that Online Migration provides legal advice strictly in relation to Australian immigration and you will not make any representation to the contrary.

3. ONLINE CONSULTATION

Where the Service includes an online consultation component, you shall be able to ask Appropriate Questions (as defined below in Section 4) by the Migration Agent or Advisor in the case of student enrolments for the period specified in the Service you purchase.

Your Advisor or Migration Agent will respond to your Appropriate Questions (which may be by way of a request for further information) within seven working days.

The time period referred to above is an estimate only and Online Migration will not be liable to any Client or third party if these estimated time periods are not met for any reason. In the interests of quality and accuracy, your Advisor or Migration Agent may take additional time to answer questions where of an especially technical nature or questions which require consultation with The Department of Immigration and Citizenship (DIAC), a Skills Assessing Body or any other relevant third parties.

Online Migration reserves the right to impose a limit on the number of questions. In the event that you exceed this limit, your Advisor or Migration Agent will not respond, until payment has been received.

You Advisor or Migration Agent may also ask you to resubmit, as separate questions, any single question that Online Migration determines to be comprised of a number of questions.

Where Online Migration provides you with any answer to a question, that answer will be deemed a final response to your question. Online Migration reserves the right to refuse to communicate further with a Client in relation to any answer forwarded by Online Migration.

4. APPROPRIATE QUESTIONS

Online Migration reserves the right to determine in its absolute discretion what constitutes an Appropriate Question, however your Advisor choose not to respond to a question that:
  • requires advice or opinions on issues unrelated to migration laws or regulations;
  • concerns a response that can only be determined by the discretion or internal policies of a third party (such as DIAC);
  • calls for a recommendation as to a particular course of action that is unlawful;
  • cannot be reasonably interpreted in English, OR;
  • Online Migration, in its absolute discretion, determines that a question is not appropriate.
Any questions deemed to meet these criteria, and hence be classified as inappropriate questions, will, if answered, be strictly an expression of general opinion only and do not form part of the Service. Online Migration advises you to seek independent professional advice on any matters unrelated to legal migration advice or enrolment in Australian education courses.

5. TERM AND TERMINATION

Online Migration is entitled to terminate this Agreement immediately where:
  • Your Service is cancelled and a full or partial refund is provided to you;
  • Online Migration reasonably forms the view that someone other than the Client is attempting to gain access to the Service for their personal benefit;
  • There is any belief from your Advisor or Migration Agent that you have provided false or misleading information;
  • A period of six (6) months lapses during which you do not access the member area or communicate with your Advisor or Migration Agent, OR;
  • At the discretion of Online Migration, you behave in such a way that renders your Advisor or Migration Agent unable to provide the Service(s) any longer.
6. REFUND POLICY & OTHER FEES PAYABLE

Online Migration will happily provide a full refund if your request is received by e-mail within twenty-four (24) hours of the payment being processed. After this time however, please note that no refunds will be provided under any circumstances, including if we determine that you are ineligible to apply for any visa.

Where possible, Online Migration charges ‘one flat fee’ which entirely covers the Service(s) being provided.

However, you acknowledge that as part of the immigration process, various additional fees will apply, such as courier costs, DIAC application charges, English language tests, skills & medical assessment fees and document certification costs.

These fees are not payable to Online Migration, but directly to the relevant body providing that service and Online Migration does not benefit from nor is it responsible in any way for these auxiliary costs.

Where applicable to the Service(s), your Advisor will provide you with an approximate indication of the fees that you can expect in relation to your application and when each cost will be payable.

7. REGULATION OF THE MIGRATION ADVICE PROFESSION

Online Migration strives to adhere at all times with the MARA Code of Conduct which is intended to regulate the Conduct of registered migration agents. If you are unable to use this link to access the Code of Conduct, we will be happy to provide you with a copy upon request. Subsequent to this policy, we would also encourage you to read the MARA Information on the Regulation of the Migration Advice Profession booklet should you require any further information. The MARA website is www.themara.com.au

8. REPRESENTATION

Unless your Advisor or migration agent explicitly states otherwise or you are specifically requested to sign a separate document which authorizes Online Migration act on your behalf in relation to your visa application, please be aware that your Advisor or Migration Agent are providing you with advice and assistance, not representation.

Pursuant to the above, you must not indicate anything to the contrary on any application form you submit to DIAC (or any other authority) or send any documentation to your Advisor or Migration Agent unless you are requested to do so.

Online Migration shall not be responsible for any delays or loss of documentation whatsoever in the event that you direct correspondence or enquiries to your Advisor by mistake.

9. LIABILITY

You acknowledge that, because of the nature of the Internet and the third party dependencies, Online Migration does not warrant that the provision of the Service(s) or any part of them will be continuous, uninterrupted or error free. From time to time, the Online Migration Website may not be available due to technical difficulties, upgrades or maintenance.

In no event will Online Migration be liable to the Client or any other person for any remote, indirect, consequential, special or incidental damages, including without limitation, damages resulting from loss of data, loss of profit or business interruption. This limitation will apply even if Online Migration has been advised of the possibility of such damages.

Without limiting any other provisions of this Agreement, Online Migration will not be liable to you or any third party for damage directly or indirectly caused to computer files through use of the Online Migration Website.

Online Migration expressly disclaims all and any liability to any person in respect of anything and of the consequences of anything, done or omitted to be done by any person in reliance, whether wholly or partially, on the whole or any part of the contents of answers or other information provided Online Migration.

10. IMPLIED TERMS & LIMITATIONS

To the extent permitted by law, Online Migration specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this Agreement, including, without limitation, any warranty that the Services provided under this Agreement are fit for a particular purpose. You acknowledge that you have exercised and relied upon your own skill in determining whether the Services provided under this Agreement meet your particular requirements, and that you have not relied on any statement or representation made on behalf of Online Migration.

Without limiting the effect of any other provision of this Agreement, the parties agree that the total liability of Online Migration to the Client arising in any circumstances, and whether under this Agreement or otherwise, will be limited to the either supplying the Service(s) in question or refunding the amount paid under this Agreement.

11. Online Migration MATERIAL

Each part of the Online Migration Website and all communications from Online Migration as part of the Service(s) ("Online Migration MATERIAL") are protected by copyright unless otherwise indicated. Online Migration reserves all rights. You agree not to copy, reproduce, alter, adapt, modify, translate, create relative works, transmit, storing electronic or other media or otherwise deal with the Online Migration MATERIAL, including each part of the Study Match MATERIAL, except where expressly permitted to do so by Online Migration. Client download and/or printing of material for personal use is deemed a permitted use.

12. SYSTEM INTEGRITY

The Client agrees not to interfere with the proper working of the Online Migration Website. The Client agrees not to do anything that imposes an unreasonable or disproportionately large load on the Website infrastructure.

13. YOUR PRIVACY

Online Migration’s Privacy Policy governs the way Online Migration may use your information. Our privacy policy is on our website

14. THIRD PARTIES

In the event that answers and information provided by Online Migration are used by you in advising third parties, please be advised that you do so at your own risk. You agree that you will not forward information and answers provided by Online Migration to any third party.

The Client indemnifies Online Migration against any loss, action, proceedings, costs, claims and damages which may be caused directly or indirectly by:
  • any breach by the Client of its obligations under this Agreement, OR;
  • reliance by any third party on any advice given by the Client, which was derived directly or indirectly from any information (including answers) obtained from Online Migration.
15. GENERAL

In this Agreement, unless the context otherwise requires references to clauses are to clauses of this Agreement, the singular includes the plural and vice versa, where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning, and a reference to any statute, includes any amendment, consolidation, modification, enactment or reprint of it or any statute replacing it.

The Online Migration Website is operated and controlled in Australia. The validity, interpretation and performance of this Agreement will be governed by the law of the State of Queensland and of the Commonwealth of Australia.

The Client may not assign, sub-license or otherwise transfer the benefit of this Agreement without the prior written consent of Online Migration.

The Client agrees that the terms and conditions of this Agreement are for the benefit of Online Migration and each of its employees, agents and contractors and are enforceable at the suit of any such person.

No failure or omission by either party to perform or observe the terms and condition of this Agreement will, except in relation to obligations to make payments under it:
  • give rise to any right of action or claim against the defaulting party, OR;
  • be treated for any purpose as a breach of this Agreement
if such failure or omission arises from any cause reasonably beyond the control of that party.

You agree that sections 2, 7, 8, 9, 11, 12, 13, 14 and 15, will survive termination of this Agreement and continue in force.
 
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