Client service agreement

Terms of Service

Please note that by making a payment and engaging Visacorp to provide you with Australian immigration advice, you are confirming that you understand and agree to the terms and conditions of this client service agreement.

1. Provision of services

Upon receipt of payment, Visacorp shall appoint a consultant to (as applicable) provide you with instructions and advice as per your request.

For DIY packages purchased on our website, the Visacorp consultant will personally produce written advice on your case and information on supporting documentation and send it to you.  No email or telephone / fax consultancy services will be provided for DIY packages bought on the website.  However you have the option at any time to upgrade to a 'full comprehensive' immigration application service, this can be done by contacting info@visacorp.com.au and paying the difference between the two service costs.

The following CLIENT SERVICE AGREEMENT outlines the general terms and conditions under which we typically provide our 'full and comprehensive' consulting services.
Visacorp reserves the right to appoint a new Advisor, whether temporarily or permanently, to provide the Service(s) at anytime and without notice.

Where a time frame is specified, Visacorp will endeavour to it's highest standard to adhere to the given period, however as cases are dealt with on an individual basis, the Service may take longer to provide in certain circumstances. In such an event, Visacorp shall notify the client of this delay within twenty-four (24) hours of the promised service delivery time.

You acknowledge that once you have engaged Visacorp, the principle point of contact will be your assigned Visacorp consultant.  Details of your Visacorp consultant will be provided to you once you become a Visacorp client.  You will not have a principle point of contact should you purchase the 'DIY immigration services'.

2. Limitations to provision of service

Your consultant for the service will provide advice based on the specific information you supply to Visacorp, hence if limited detail is available, it may be necessary to make certain assumptions.

As cases can vary considerably from client to client, any guidance or comments are personal and tailored to your specific requirements therefore should not be applied to the circumstances of any third party.

The advice provided by your Consultant is communicated on the belief that it reflects current Australian immigration laws, policies and regulations.  Whilst Visacorp, its consultants and partners 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.

Visacorp does not and cannot make any guarantees in relation to the approval or validity of any visa application made by you or by Visacorp on your behalf. The power to grant or refuse visa applications vests solely in DIAC or any other government department authorised by law.
Visacorp works with partner organizations and providers in relation to rendering taxation, business, accounting, investment or other professional advice or services which are unrelated to Australian Immigration matters; unless expressly stated otherwise by Visacorp in relation to any particular Service being provided. 

Visacorp advises clients to seek separate independent professional advice regarding these matters through it's partner agents as displayed on it's website.

The Client also acknowledges and agrees that Visacorp provides legal advice strictly in relation to Australian immigration and no representation will be made to the contrary.  External organizations on the Visacorp website provide advice outside the area of Australian immigration and each company is liable for it's own advice.

3. Consultation

In relation to your immigration application your Consultant will aim to provide a response to your Appropriate Questions (which may be by way of a request for further information) within twenty-four (24) to forty-eight (48) hours or by the second Business Day on weekends.
The time period referred to above is an estimate only and although Visacorp will do its upmost to adhere to this Visacorp 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 may take additional time to answer questions that they deem to be 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.
Visacorp reserves the right to impose a limit on the number of questions asked in a twenty-four hour period. In the event that you exceed this limit, your Advisor may take additional Business Day to respond, during which you cannot ask additional questions.

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

Once Visacorp has provided you with any answer to a question, that answer will be deemed a final response to your question. Visacorp reserves the right to refuse to communicate further with a Client in relation to any answer forwarded by Visacorp.

4. APPROPRIATE QUESTIONS

Visacorp reserves the right to determine in its absolute discretion what constitutes an Appropriate Question, however your Advisor may 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;
  • Visacorp, 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. Visacorp advises you to seek independent professional advice on any matters unrelated to legal migration advice.

5. TERMS AND TERMINATION

Visacorp is entitled to terminate this Agreement immediately where:

  • Your Service is cancelled and a full or partial refund is provided to you;
  • Visacorp 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 that your have provided false or misleading information;
  • A period of six (6) months lapses during which you do not access the VMC or communicate with your Advisor, OR;
  • At the discretion of Visacorp, you behave in such a way that renders your Advisor unable to provide the Service(s) any longer.

6. REFUND POLICY & OTHER FEES PAYABLE

No refund is available should you purchase a DIY kit from this website and receive that kit by way of email.  We can not be held liable should you change your mind following purchase as we will already have parted with valuable IP.

Visacorp will be happy to provide you with 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.

Wherever possible it is Visacorp's aim to charge a '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 but not limited to courier costs, DIAC application charges, English language tests, skills & medical assessment fees and document certification costs.

These fees are payable directly to the relevant body providing that service.

Visacorp does not benefit from nor is it responsible in any governmental or mandatory 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

Visacorp strives to adhere at all times with the MARA Code of Conduct. 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.

8. REPRESENTATION

Unless explicitly stated by your Advisor or you are specifically requested to sign a separate document which authorizes Visacorp to act on your behalf in relation to your visa application, please be aware that Visacorp nor your Advisor are providing you with advice and assistance, not representation.

In accordance with 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 unless you are requested to do so.  Visacorp shall not be responsible under any circumstances, for any delays or loss of documentation 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, Visacorp 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 Visacorp Website may not be available due to technical difficulties, upgrades or maintenance.

In no event will Visacorp 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 Visacorp has been advised of the possibility of such damages.

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

Visacorp 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 by Visacorp.

10. IMPLIED TERMS & LIMITATIONS

To the extent permitted by law, Visacorp 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 Visacorp.

Without limiting the effect of any other provision of this Agreement, the parties agree that the total liability of Visacorp 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. Visacorp MATERIAL

Each part of the Visacorp Website and all communications from Visacorp as part of the Service(s) ("Visacorp MATERIAL") are protected by copyright unless otherwise indicated. Visacorp 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 Visacorp MATERIAL, including each part of the Visacorp MATERIAL, except where expressly permitted to do so by Visacorp. 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 Visacorp Website. The Client agrees not to do anything that imposes an unreasonable or disproportionately large load on the Website infrastructure.

13. YOUR PRIVACY

Visacorp's Privacy Policy governs the way Visacorp may use your information. Visacorp 's privacy policy may be viewed by clicking here.

14. THIRD PARTIES

In the event that answers and information provided by Visacorp 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 Visacorp to any third party.

The Client indemnifies Visacorp 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 Visacorp.

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 Visacorp 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 NSW 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 Visacorp.

The Client agrees that the terms and conditions of this Agreement are for the benefit of Visacorp 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.

Glossary of Useful Terms

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

Client ('You') - means a Registered User of the Visacorp Website that in most circumstances has  made a payment to Visacorp for the provision of Australian immigration advice.

Consultant - means the Visacorp registered immigration advisor or migration agent's administrator appointed to assist you with your case.

DIMIA - The Australian Department of Immigration and Multicultural and Indigenous Affairs.

DIY - refers to 'Do it yourself' immigration application

Visacorp - means Visacorp Pty Ltd or Visacorp Americas Pty Ltd

MARA - The Migration Agents Registration Authority.

Relocation Service - means a service which you request a Visacorp preferred supplier to provide from the choices specified on Visacorp the website.  Our preferred suppliers have their own set of terms and conditions which may vary from time to time.

Service/ Services - means the service which you request Visacorp to provide from the choices specified on the Website.  Visacorp reserves the right to alter the Service from time to time.

Website - unless otherwise specified, this means the Visacorp website, http://visacorp.com.au/