AGENT and AMAILA Terms
The Agent and AMAILA agree as follows:
Agent means the person or entity applying to become an agent via the Website
Agent Terms of Engagement means the standard terms of engagement between the Agent and a Client which apply if a Client wishes to engage an Agent to answer a Question in accordance with the AMAILA Terms which can be accessed here or otherwise via the Website
AMAILA means Australian Migration Agent and Immigration Lawyer Association Pty Ltd
Answer has the same meaning as it does in the AMAILA Terms
Client means a person or entity which submits a Question, requests a quote, participates in the Comparison Service or otherwise requests services to be provided to them via the Website
Client Comparison Terms of Engagement means terms of engagement agreed between an Agent and a Client relating to services to be provided by an Agent to a Client as a result of the Client utilising the Comparison Service in accordance with the AMAILA Terms
Comparison Service means promotions to clients in relation to specific visa subclass applications whereby Clients are offered promotional rates referred to in the AMAILA Terms as the comparison service
Confidential Information includes, without limitation, any information marked as confidential and any information received or developed by the Agent during the existence of this Agreement which is not publicly available and relates to a Client, AMAILA or any Related Body Corporate of the Client or AMAILA
Question has the same meaning as it does in the AMAILA Terms
Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth)
Ticket System means the “ticket” system which is accessible by clicking “contact us” via the private Agent dashboard on the Website and which permits Agents to generate “tickets” and submit communications to AMAILA using “tickets”
Website means www.ask-an-agent.com.au and includes its subdomains
1 AGENT OBLIGATIONS, ACKNOWLEDGEMENTS AND WARRANTIES
1.1 Terms: The Agent must act in good faith in all dealings with AMAILA, comply with the AMAILA Terms, all Agent Terms of Engagement and any Client Comparison Terms of Engagement. Agents must not enter into any terms or conditions with Clients which conflict with the terms and conditions in the AMAILA Terms or the Agent Terms of Engagement.
1.2 Answers to Questions: If the Agent accepts a Question in accordance with the AMAILA Terms, the Agent must then provide an Answer and, if applicable, an Answer to a clarification question in accordance with the procedure and terms set out in the AMAILA Terms in a professional manner.
1.3 Comparison service: From time to time, AMAILA may invite the Agent in writing to participate in specific promotions that that AMAILA intends to promote to one or more Clients as part of the Comparison Service. Such invitations or communications may require the Agent to provide certain information and/or provide certain specified documentation in order to participate in the relevant Comparison Service such as a template contract between the Agent and any Clients wishing to participate in the relevant Comparison Service (Template Comparison Service Contract). By responding to AMAILA in the manner requested by AMAILA or otherwise continuing to participate in the relevant Comparison Service, the Agent agrees:
(a) to do so in accordance with the AMAILA Terms, and any terms and conditions which have been specified by AMAILA in writing which apply to the relevant Comparison Service such as fixed total professional fees to be charged by the Agent to the Client;
(b) that AMAILA may in its absolute discretion provide or decide not to provide any information (including contact details) or documentation supplied by the Agent to Clients for the purposes of promoting the relevant Comparison Service and/or the Agent and/or enabling the Client to contact the Agent;
(c) that the Agent will not at any time amend, vary, alter, add to, delete, or otherwise change the terms and conditions contained in relevant Template Comparison Service Contract other than by inserting the relevant Client details with whom the Agent decides to engage for the relevant Comparison Service, unless such changes have been expressly and specifically authorised in writing by AMAILA; and
(d) that the Agent will only engage with the Client for the relevant Comparison Service on the terms and conditions contained in the Template Comparison Service Contract, and hereby agrees with AMAILA to do so in accordance with the resulting contract (which is to be in the same form as the Template Comparison Service Contract except as otherwise permitted under this agreement) between the Agent and the Client.
1.4 Acknowledgements: The Agent acknowledges that all information supplied by AMAILA is provided by Clients, and not AMAILA. AMAILA does not review any such information, and does not warrant that the information is true, accurate, complete or genuine. It is the Agent’s sole responsibility to carefully assess each offer by a Client before deciding to accept it. AMAILA does not warrant that any Client is who they say they are, and each Agent’s use of the Website is at their own risk. It is the Agent’s responsibility to correctly and properly identify each and every Client that they engage with.
1.5 Compliance: Agents must ensure that they are in compliance with all applicable laws, rules and regulations relating to the provision of their services including, without limitation, ensuring that they are appropriately licensed to provide their advice at all times. By accepting a Question, providing a quote, participating in the Comparison Service, or providing any other services to Clients, Agents are confirming and warranting to AMAILA that they are legally entitled and capable of providing such services to the relevant Client.
1.6 Agent Profiles: Agents must maintain fair and accurate profiles on the Website which are not misleading or deceptive at all times, and notify AMAILA of any changes to their profile details.
1.7 Warranties: The Agent warrants that it will use reasonable care and skill in performing its obligations under this Agreement, it has the right to work and perform its obligations under this Agreement, it has the qualifications that it purports to have, and will continue to hold those qualifications throughout the existence of this Agreement.
1.8 Cap on questions: AMAILA may limit the number of Questions that the Agent may accept under the AMAILA Terms without notice.
1.9 Notices: Agents must only use the Ticket System to communicate with and send notices to AMAILA. AMAILA is not responsible and is not required to respond to any communications or notices which are sent otherwise than via the Ticket System.
1.10 Non compete: During the period commencing on the date on which the Agent views a Question or request for quotation from a Client or participates in a Comparison Service with a Client, and ending 6 months after termination of this agreement, the Agent must not provide any alternative contact details to a Client which a Client could use to contact the Agent otherwise than via AMAILA, and must not directly or indirectly engage in the provision of any services for that Client or conduct any business with that Client without the prior written consent of AMAILA, unless the Agent is permitted to do so under this agreement.
2 AMAILA OBLIGATIONS
2.1 Pay fees: AMAILA will perform its obligations as set out in the AMAILA Terms and will pay the Agent the fees payable to an Agent in accordance with the AMAILA Terms after deducting an administrative fee of up to 25% of the Agent’s fee in relation to Questions, and up to 30% of the Agent’s total fee in relation to any other services such as Comparison Services.
2.2 Refunds: Notwithstanding anything contained in the AMAILA Terms, AMAILA may refuse to pay fees to an Agent and refund such fees to a Client if in its absolute discretion the Agent has provided negligent advice, or is in material breach of this Agreement, the AMAILA Terms or the Agent Terms of Engagement.
3 NO EMPLOYMENT / AGENCY ETC RELATIONSHIP
The parties agree that AMAILA has no liability in connection with any interactions, discussions, communications between the Agent and Clients. This Agreement shall not constitute or imply any employment, partnership, joint venture, agency, fiduciary relationship or other relationship between the parties. The Agent must not hold itself out as having any authority to make any commitments on AMAILA’s behalf.
4.1 The Agent must keep all Confidential Information confidential and not deal with it is any way that might prejudice its confidentiality.
4.2 Upon the termination of this Agreement, the Agent must erase and destroy any Confidential Information in the Agent’s possession or under the Agent’s control or that may have been loaded onto a computer possessed by the Agent or under its control.
4.3 The Agent agrees to indemnify AMAILA fully against all liabilities, costs and expenses which AMAILA may incur as a result of any breach of this clause by the Agent.
4.4 The Agent acknowledges that damages may be an inadequate remedy for breach of this clause 4 and that AMAILA may obtain injunctive relief against the Agent for any breach of this clause 4. The obligations under this clause 4 survive termination of this Agreement.
5 INTELLECTUAL PROPERTY
The Agent irrevocably assigns to AMAILA absolutely all intellectual property rights in any content uploaded or communicated via the Website to AMAILA and waives all moral or other similar rights that it may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity. To the extent that such assignment is not enforceable in any jurisdiction, the Agent grants to AMAILA a worldwide royalty free licence to use and reproduce any content uploaded or communicated via the Website for promotional purposes or any purposes connected with the business of AMAILA.
6 WARRANTIES, LIABILITY AND INDEMNITIES
6.1 The Agent’s use of the Website is at its own risk. The Agent agrees that AMAILA has no liability whatsoever in connection with any discussions or communications between the Agent and a Client, any information provided by a Client, or any other interactions between an Agent and a Client (whether or not facilitated by AMAILA). AMAILA and its officers, employees, agents, and contractors make no warranties, either express or implied, in connection with the Agent’s use of the Website or its features.
6.2 Except for any liability which cannot be excluded, restricted or modified by law, AMAILA, its officers, 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 the Agent’s access or use of the Website or its engagement by a Client.
6.3 To the extent that the liability in clause 6.2 cannot be excluded, restricted or modified by law, AMAILA its officers, employees, agents, and contractors limit liability to the AMAILA’s administrative fee payable in accordance with the AMAILA Terms, or the cost of resupplying AMAILA’s services in respect of which the breach occurred, at the option of AMAILA.
6.4 The Agent hereby releases, and agrees to indemnify and hold AMAILA, 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 AMAILA may incur as a result of the Agent’s misuse of the Website, or breach of these Terms.
6.5 Agents agree that AMAILA is not under any obligation to make any payments or release any amounts pursuant to these terms which have not cleared into its bank account or which are not credited to its bank account by the relevant Client. In the event that the Client or the Client’s bank deducts any fees payable to an Agent or AMAILA under these terms from AMAILA’s bank account for any reason (whether before or after such fees have been released to an Agent or as a result of alleged fraud), Agents must pursue payment of the relevant fees from the Client directly, and immediately refund any payments made by AMAILA to the relevant Agent relating to such fees or any payments which have been released by AMAILA to the relevant Agent relating to such fees.
6.6 Where the Agent has incurred any liability to AMAILA, whether under this agreement or otherwise and whether such liability is liquidated or unliquidated, AMAILA may set-off the amount of such liability against any sum that would otherwise be due to the Agent (as the case may be).
Either party may terminate this Agreement by notice in writing at any time, subject to the AMAILA Terms without prejudice to any accrued rights. Notwithstanding anything to the contrary in this Agreement or the AMAILA Terms, AMAILA may terminate this Agreement at any time by notice in writing to the Agent if the Agent is guilty of any dishonesty, serious misconduct, or serious neglect of duty in or in connection with the performance of its obligations under this Agreement.
8.1 GST: All amounts are exclusive of legally applicable tax in applicable jurisdictions.
8.2 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.
8.3 Dispute resolution: Any claim, dispute, controversy or difference whatsoever arising out of or relating to this agreement or arising in connection with the performance, interpretation, application or enforcement of this contract, including but not limited to breach thereof, shall be referred to mediation administered by the Australian Disputes Centre (ADC) before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (Guidelines). The terms of the Guidelines are hereby deemed to be incorporated into this agreement. This clause shall survive termination of this agreement.
8.4 Jurisdiction: The same laws of the jurisdiction which govern the AMAILA Terms governs this agreement and the Agent agrees to the courts of that jurisdiction having jurisdiction in any matter under this agreement.
8.5 Amendments: This Agreement may be amended by AMAILA from time to time without notice. Any amendments this Agreement will be published on the Website. Any use of the Website constitutes an acceptance of the current terms.
Effective from: 1 November 2016
We had a great experience with our migrant lawyer and fair prices.
Vania is very knowledgeable, helpful and professional. When there were any complications Vania always had alternative solutions and ideas. I highly recommend Vania.
I’m very pleased to have found Esther whilst searching for a professional and highly qualified and experienced agent for my husbands partner visa application. I would highly recommend her to anyone who is seeking migration assistance.
This is an excellent service. I was contacted quickly and the agent I worked with was excellent. REALLY great price for an excellent service. I would highly recommend using this service.
The Australian Migration Agents Association answered all my visa questions and helped my employer to apply for the sponsorship and nomination. Well done and lots of thanks.
Our experience with I-Yarin Mcardle was/is excellent. Could not have asked for a better person.
I am very happy with this service. Great concept. Definitely the easiest way when wanting to find simple short answer to simple question without the hassle of finding exact answers through forum. Will recommend or use again!
When I first found find an agent I was given an option of 4 agents and then I chose my migration agent as she looks most suited. I cannot rate higher than 5 stars but if I could I would. She was very professional in her job very efficient.
My migration lawyer is Ross Townson; he is very helpful and the the service is superb.
My migration agent was excellent! She was beyond attentive and very quick to respond to every email. She was highly organised and remembered every word we said and kept us on track with all our deadlines. We felt so confident and comfortable with her at all times. I highly recommend AMAILA!!
I am working on my Australian Partner Visa application with Vania who is just wonderful. She is professional, courteous, quick to share ideas and to respond to queries. I am extremely happy with my choice of agent. Thank you for recommending her.
Was very impressed with the communication, was very quick to respond and did some follow up too.
Got me the information I needed. Can recommend you contact Lisa, she answered my question and went above and beyond to help me.
Larissa has been amazing through the entire process. Extremely prompt with everything and helpful with any questions we had throughout. I can’t imagine having done everything on my own and am so glad we chose to work Larissa! I would highly recommend working with her.
The Australian Migration Agent Association answered my visa question without any problems.The service is easy and I even was able to contact my immigration lawyer afterwards.He then took care of my partner visa application and I am now a resident of Australia.I absolutely recommend Ask-An-Agent
My migration agent is very competent! We are very pleased with the work! Thank you!
The Australian Migration Agent Association answered my visa question without any problems. The service is easy and I even was able to contact my immigration lawyer afterwards. I absolutely recommend Ask-An-Agent.
I posted my bridging visa question in relation to the Australian work visa for Americans on Ask-An-Agent and got an answer from an Australian Immigration Lawyer within 40 minutes. It is fast and easy!
Very helpful – thank you.
I had a very simple questions but it was answered really fast and I received even a phone call. I will get back to you if I have more questions.
Wonderful experience, I got my questions answered and could rely on the answers received. I followed your recommendation and my visa was granted without a problem. Thanks a lot.
I wanted you to know that I appreciate your service. I asked my question in different Australian forums and I am happy that I did not rely on the answers received. The advice you gave me saved me thousands of Dollars.
I was impressed with the fast response to my immigration questions by my migration agent and the detailed answer received. Many thanks
The partner visa promotion for $1850 is fantastic. We could choose between 3 Registered Migration Agents and within 7 days our visa application was lodged. Thank you Ask An Agent.
Got me the information I needed. Can recommend you contact Lisa, she answered my question and went above and beyond to help me.
We have been very happy with Vania's work and you you have our permission to release the necessary funds through PaySafe.
Ask a Migration Agent answered my question for my partner visa for Australia within 90 minutes. Can recommend for everybody in need of Australian visa advice!
We are very satisfied with Misty's work, please proceed with release of my payments by PaySafe.
I am extremely satisfied with Vania's work - she is professional, personable, efficient and quick to respond. I am delighted to have her working on my application for Australian Residency and would have no hesitation in highly recommending her to others.
Absolutely happy for you to release the funds to my agent. She has been really useful and got our visa lodged in time - would recommend her to anyone.
My migration agent did a wonderful job for me and not just because of the favourable outcome, although that was also good. She was able to "uncomplicate" the daunting challenge of applying for Australian residency. She was just fabulous!
My migration agent was excellent! Quick to respond and very helpful. Thank you for everything!
My migration agent was lovely, professional and always had great advice. It was great having her by our side for our partner visa. Definitely recommend her!
I have been very happy with the work my migration agent has provided us, helping with our partner visa. Her instructions are always very clear and laid out step-by-step. I know I can contact her at any time but she made things and email was always efficient and easier.
Everything has been fantastic. My migration agent is very detailed and amazing! She has been extremely helpful and I have recommended her services to a couple of different friends. Thank you for everything!
My partner and I can happily confirm that my migration agent has been absolutely fantastic during the whole process. We could not have wished for a more supportive and all round delightful agent to help us to get to this point!
We were very impressed with the service we received from our Migration Agent and would recommend her without hesitation. She took time to explained clearly to us the procedure and documents required for our visa application.
I would like to inform you of the excellent and efficient work conducted by my migration agent on my June 2017 submission of my RRV application. She was thorough, meticulous and provided measured and accurate direction for a successful application and approval.
Excellent experience with my migration agent! Was easy to deal with, professional, experienced and very knowledgeable on the process. Would highly recommend AMAILA.
My experience with my migration agent was extraordinary good. I got assistance from her regarding my partner visa and she was very helpful and would always answer any of my queries in the minimum time possible. 5-star-experience :-)
Thanks for your support and guiding us in every step of the partner visa process. Keep up the great work!
My migration agent has been very helpful throughout the application process and I strongly recommend him as your agent for a stress-free experience. He knows his job very well and answers your questions promptly.
Amazing service and very professional, highly recommended! My migration agent was kind, patient, super nice, quick to reply and very very helpful, he really knows his stuff and I felt taken care of! Could have honestly not done it without him.
Perfect service for a complex application. Very friendly and efficient. Thank you!
We contacted a number of migration agents before deciding to use AMAILA. We loved the straightforward and professional communication and the transparency of the fees for their services.The fees offered by my agent and AMAILA provided greatest transparency.
Such a helpful migration agent I don’t know what I would have done without him, he has great advice and answers for everything. I highly recommend my migration agent to work with.
I can recommend my migration agent highly. If you have any questions he is the migration agent you can always ask and get a fast and detailed response. And also great thanks to AMAILA for all the support.
We initially started the application ourselves for the 189 skilled independent stream and found a lot of the questions ambiguous and frustratingly time consuming!! So, we decided to use my migration agent to process our applications. This was the best decision we made!!
My migration agent is one of the kindest and most admirable people I have met. The time and effort she put in with my partners application for a prospective marriage visa was extraordinary.
I received a fantastic result and satisfactory service from my migration agent. Highly recommendable. Thank you!
I can happily confirm that my migration agent has been absolutely fantastic during the whole process. She helped my partner and I get our Permanent Residency quickly and without any stress. She’s been positive the whole time.
Thanks my migration agent, your knowledge and insights have been invaluable. I couldn't have had a better experience working with an immigration lawyer
It was a pleasure dealing with my migration agent and the AMAILA. She was always available for any questions I had. This support is so important when trying to go through the tedious and detailed application process. I will keep on recommending your services. Thank you again!
I have received a quick response and my clarification request was answered promptly too by my migration agent. Your invaluable advice helps a lot with my visa. Thank you.
Thank you to my migration agent, for the comprehensive response. The additional remarks regarding my visa application are very useful. Thanks also to AMAILA customer service for her guidance.
Fantastic service, AMAILA customer service and my migration agent were super helpful. If you seek a good migration agent, don't look further.
Thanks to my migration agent and her team, she was super attentive and answered all my questions fast. She clearly knows the migration laws. Keep up the good work!
We've had a wonderful experience. Thanks!
Can happily recommend my migration agent, she is indeed a professional and you can rely completely on her advice. Thanks for all the support!
Great migration agent! Really quick to reply and happy to about any problems regarding application process. Highly recommended to anyone looking to get help from an agent.
Incredibly helpful and easy to deal with. Answered all my questions quickly and was always easy to contact. Would highly recommend.
My migration agent has been so wonderful in helping us navigate the partner visa process, would definitely recommend her to anyone who needs help deciding what visa best suits their needs and help processing that visa!
My migration agent was great throughout the entire application process. She was professional, knowledgeable and efficient. It's nice to have someone working with you who has gone through the process themselves. I would highly recommend her to anyone looking for Australian visa experience!
We were most impressed with my migration agent's service. She was always a pressure to talk with and discuss any of our questions with. Any questions that we sent by email were always answered quickly. I’m so grateful for lodging my wife’s visa application. Thank you!
My migration agent helped my partner and me through her visa application and was able to sort out everything quickly. I especially liked the lower fees for a partner visa compared to other agents. Her service was great.
Thanks to your professionalism and expertise, our partner visa application was submitted in record time and 'decision-ready'. I appreciated that you were always readily available to respond to my questions!
Response to my visa application question was very fast and our clarification request too was responded to promptly and clearly. Happy to recommend this migration agent. Ta.
I'm pleased with the response I received after having asked my question on AskAnAgent.
We received a great visa service and support from my migration agent and AMAILA customer service!!!
Very helpful. I will contact you again, when the need arises.
My migration agent and AMAILA customer service, your performance and advice was beyond expectations. Your assistance in this whole process is greatly appreciated. Well done. You did a great job.
My migration agent has provided me with a very thorough and comprehensive response to my question lodged via this service. The response was very helpful. I'll be happy to recommend her!
My migration agent and AMAILA customer service are definitely the people to speak to!
Thank you, my migration agent, - you have been very helpful.
The Visa has now been submitted online and my migration agent was a fantastic help.