Services Agreement

Our Agreement

Who is this agreement between?
1. This agreement is between the parties set out below.

Our information
Legal name: The Partner Visa Academy Pty Ltd
trading as The Partner Visa Academy.
ACN: 642 011 541
Referred to in this agreement as: ‘we’, ‘us’, ‘our’

Your information

As per the signing section below

Who is the migration agent?
2. For the purposes of compliance with the Migration Agents Registration
Authority (MARA) Code of Conduct (the Code), we have listed the details of the migration agents who will provide you with immigration assistance under this agreement.

Migration agent

Legal Name	MARN	Email	Signature
Rofia Mavaddat	1467678	rofia@thepartnervisaacademy.com.au
Emma Drynan	0960361	emma@thepartnervisaacademy.com.au

How long will this agreement last?
3. This agreement will start when you accept it and will terminate once each
party has completed its obligations under this agreement (i.e. you have paid
us, and we have delivered the services), unless or until terminated earlier in
accordance with these terms.
How can changes be made to this agreement?
4. Please ensure that you’ve read these terms and conditions carefully as they
make up the entire agreement between us and supersede any previous
agreements with us about our Peace of Mind Application services. If you feel
that we’ve left something out, please let us know before signing.
5. We encourage you to seek independent legal advice if you feel you need to.
6. Changes to this agreement can only be made in writing signed by both of us.

7. If we propose to change the terms of this agreement, we will provide you with.
a written notice letting you know:
a. the proposed changes and
b. the reasons for the proposed changes.

How can you accept this agreement?
8. You can accept this agreement by:

a. digitally signing this agreement using Jotform sign or similar digital
signing software

Acknowledgement and authority
9. By signing this agreement, you:

a. acknowledge that you have been provided with a copy of the consumer
guide which sets out information about the standards and rules that
migration agents must follow; and

b. authorise us (including the migration agents listed in this agreement) to
act on your behalf in relation to the scope of our work together under
this agreement.

10. If you have not been provided with a copy of the consumer guide, please let
us know and wait for us to provide you with a copy before signing this
agreement.

Eligibility and Warranties

11. The Partner Visa Academy isn’t for everyone. Please ensure that you’ve
carefully read our eligibility criteria.

12. We strongly encourage you to reach out and seek clarification from us before
you proceed to sign this agreement if you are at all unsure about your
eligibility.

13. By signing this agreement, you warrant to us that:

a. The person who is applying for the visa (the Applicant) does not have
any medical issues that may impact upon the visa process; and
b. The applicant does not have a criminal history or criminal record
in Australia or overseas; and
c. The individual sponsoring the Applicant for the purposes of obtaining a
partner visa (the Sponsor) does not have a criminal history or
criminal record in Australia or overseas; and
d. The Sponsor has not previously sponsored anyone else for a partner
visa; and
e. The Applicant does not have an existing visa issue; or
f. If one or more of the above criteria is met, you warrant that you have
disclosed this to us, and we have confirmed in writing that you are still
suitable to participate in the Services.

14. If you breach any of the above warranties, we may suspend or terminate this
agreement immediately on written notice to you.

15. We ask that you provide us with all your relevant documentation in one
consolidated submission to us, within any timeframes we ask of you.

16. If we terminate this agreement because you have breached a warranty set out
in clause 13 , you will be entitled to a refund in accordance with our refund
clause, unless we reasonably determine that you have:

a. acted in bad faith or mislead us; and or
b. deliberately delayed or withheld information from us; and or
c. been deceitful about your circumstances (such as providing us with
false information about your identity or your partner’s identity),

in which case no refund will be applicable.

Getting to know you

17. We will take reasonable steps to verify your identity and the identity of your
partner. This is a requirement for us to be able to provide you with immigration
assistance.

18. If you’re found to have provided us with misleading or false information
relating to your identity or the identity of your partner, we can terminate this
agreement immediately on written notice to you.

Conflict checks
19. We undertake a conflict check as part of our assessment of suitability to work
together.

20. We do this to confirm that we don’t have a conflict of interest that impacts how
we work together, or, in some cases, that stops us from working together at
all.

21. If we do find that we have a conflict of interest, we’ll let you know as soon as
possible by providing you with notice in writing in accordance with the Code.

Our services

What work will we do?
22. This agreement governs our Peace of Mind Application services, which
comprises the following:

a. Immigration assistance:

i. a one-on-one evidence planning meeting; and
ii. review of your application including letter of advice and recomendations; and

b. access to the Course; and

c. and any inclusions listed under ‘What’s Included’ on the website at the
time that you sign this agreement.

23. Our inclusions are subject to change at any time by updating them on our
website. Changes won’t apply to agreements that have already been signed.

24. For the avoidance of doubt, the Course does not constitute immigration
assistance for the purposes of the Migration Act 1958 (the Act).

What work won’t we do?
25. While we help you with your visa application by providing feedback and
guidance, our work together does not include:

a. preparing an application on your behalf;
b. submitting an application on your behalf;
c. being responsible for the ongoing management of your application;
d. assistance in or acting on your behalf in relation to:

i. making representations in relation to your visa application;
ii. responding to requests for further information in relation to your
visa application;
iii. appealing the outcome of your visa application.

26. Work that is out of scope, such as additional support or additional reviews
may be subject to additional fees as set out in our Fees and payment clause.

27. In certain circumstances, if you require out of scope assistance, we may refer
you to another migration agent, such as to our affiliate business, Freedom
Migration.

Our relationship
28. We’re working together as migration agent and client in relation to the
Services only.

29. While we may provide immigration advice and instruction during the evidence
planning session and visa application review, our information does not
constitute legal or other professional advice and should not be relied upon as
such.

30. You acknowledge that we’re not working together as lawyer and client and no
lawyer-client relationship is formed by accessing the Services.

Interpreter assistance
31. You’re entitled to ask for an interpreter.

32. If you tell us that you want to use an interpreter, we can arrange this for you
but please be aware that you will be responsible to pay for any fees
associated with the use of an interpreter.

33. We’ll let you know of any applicable interpreter fees and seek your written
approval before incurring costs.

Facebook groups
34. If we may make a Facebook group available for you to join as part of the
Services, you agree that you will comply with Facebook rules and with any
conduct rules we post in the group or reasonably require you to follow.

35. You understand that other participants in the Facebook group may reveal
confidential and personal information, including about their visa application.

36. You agree that you will not share any participant’s confidential or personal
information without their permission.

37. If you post any content that is discriminatory, harassing, offensive, unlawful,
illegal, defamatory or otherwise unsuitable for our group as reasonably
deemed by us, we may suspend or revoke your access to the Facebook
group at no compensation to you.

38. You understand that you may receive immigration advice via our Facebook group. Advice provided on our Facebook group is not legal advice and should not be relied upon as such. You understand that if we provide immigration advice to you through our Facebook group, such as during a Q&A session, the nature of those sessions means we are not always able to obtain your complete instructions. Our advice will be limited in these circumstances, and we may also recommend that you seek further personal advice (which can be tailored to you, based on taking complete instructions from you privately).

39. You agree that you will not provide immigration, professional or legal advice in
our Facebook group. If you post any content that we reasonable deem may
be construed as advice, we may suspend or revoke your access to the
Facebook group and remove your post at no compensation to you.

Evidence planning session and visa application reviews.
40. Where the Services include an ‘evidence planning’ session, this is an
opportunity for us to provide you with one-on-one advice and provide you with
specific guidance on what evidence is likely to be relevant to your partner visa application.

41. Our evidence planning session does not include us preparing an application
on your behalf.

42. Our visa application review is an opportunity for us to look over your visa
application and suggest any additional documents or information which may
assist your application, based on our experience. The scope of our services
doesn’t include checking for spelling mistakes, or errors relating to names,
dates, addresses and personal information.

Disclaimer and no guarantees
43. While we do our best to provide you with information and guidance about your
visa application, we can’t and don’t guarantee that your visa application will be
successful.

44. As our evidence planning session and review of your application have been
designed to guide you, rather than to prepare an application on your behalf,
we can’t and don’t guarantee that your visa application will be in a condition
that is ready to submit by the completion of the Services.

 
45. Visa applications are complex and there are many elements to the
application. Ultimately, it’s up to you what information and evidence you
include in your application, including whether you follow any
recommendations we give you.

46. Please make sure that you carefully check the information you’ve supplied as
part of your application.

47. This clause survives termination of this agreement.

Our online course

Access
48. Once your payment has been processed, you will receive a confirmation and
welcome email with your log-in details which you can use to access the
Course.

49. Please do not share your log in details with anyone.

50. If you and your partner reside in different locations, please let us know and we
will also provide a set of separate log-in details for your partner.

51. If you have any technical issues accessing the Course, please let us know
immediately by emailing members@thepartnervisaacademy.com.au.

52. Once you have received the email with your login details, risk in the Course
passes to you. It is important for you to ensure your login details are stored
securely and there is no unauthorised access to the Course using your login
details.

53. You warrant that only you and your partner will access the Course (using the
appropriate log in credentials) and that you will not make the Course available
to any other person without our written permission, including that you will not
share your log in details with anyone else.

Losing access
54. Access to the Course will be revoked:

a. on expiry of the access period, as set out on our website at the time of
making your purchase; or
b. immediately on termination; or
c. as otherwise provided for in this agreement.

55. We’ve determined the access period stated on our website is a suitable period
of time to complete our Course and prepare your partner visa application. If
you are unable to complete the Course within the time frame or require an
extension, please email us at members@thepartnervisaacademy.com.au.

56. Additional fees will apply for extensions of the access period in accordance
with our Fees and payment clause.

Advice, information and instructional videos
57. All resources (including any information, recommendations, resources,
instruction or assistance we give you as part of the Course) is provided for educational and instructional purposes only. We have developed the
resources by applying our knowledge, experience, study, training,
professional qualifications and/or accreditations and believing it to be accurate
and up-to-date at the time, but we don’t give any warranty of accuracy,
appropriateness or reliability.

58. We make the resources available to you, however it is up to you to decide if,
how and when to apply anything you learn.

59. Any recommendation or instruction given as part of our Course is not intended
to constitute or substitute for professional migration advice, legal advice, or
other professional advice and should not be relied on as such.

60. The Course does not constitute immigration assistance for the purposes of
compliance with the Act or the Code and does not form part of your client file.

61. We make no warranty or representation in relation to the Course. All implied
warranties (except for any statutory warranties which we cannot exclude) and
conditions are expressly excluded to the fullest extent permitted by law.

62. This clause survives termination of this agreement.

Fees and payment

Fees
63. We charge fixed fees for the Services, which are listed on our website.

64. Our prices are listed in Australian dollars (AUD) and include GST unless we
say otherwise.

65. You agree to pay us the fees listed in our itemised invoice by the due date
specified on our invoice.

66. We can change our fees at any time on notice by updating the fees on our
website.

67. Fee changes on our website won’t be applied to agreements that have
already been signed.

68. We can only change our fees once this agreement has been signed if there
are exceptional circumstances that arise, and those circumstances make it
impracticable for us to perform some or all of the services under this
agreement for the fixed fee.

69. Fees for out-of-scope work (including where you request access to the
Course to be extended) will be disclosed to you prior to incurring costs or
starting the work. We do this by providing you with an itemised invoice of our
fees, including the type of fee and amount, and what work we will do.

Disbursements

70. You won’t be charged for disbursements under this agreement.

Payment
71. We accept payment via the methods set out in our invoice, stripe, and which may change from time to time.

72. Once you have made payment, you’ll be provided a copy of your invoice and
a receipt detailing the services and confirmation of your payment.

73. If you make a payment using a third-party processor, you’ve told us that
you’ve read and agreed to their terms and conditions. We’re not responsible
for any issues, loss or damage arising out of your use of those facilities. If you
have an issue with a third – party provider, please contact them directly.

What happens if you don’t pay us?
74. We won’t deliver the Services (including access to the Course) until you have
paid our fees.

75. If a request for payment is returned or denied by your financial institution or is
unpaid by you for any other reason, then you’ll be liable for any associated
costs incurred by us, including banking fees and charges.

Discounts
76. Discounts can only be redeemed for services sold by us on our website.

77. They are non-transferable and not redeemable for cash.

78. If there is more than 1 application discount available, only one can be applied
per transaction.

79. Discounts are available for the time stated.

Confidentiality

What is confidential information
80. Confidential information is information relating to us or you which would
reasonably be considered to be private or proprietary, is not generally known
and could reasonably be expected to cause harm to the person if disclosed.
For example, client information (such as client files), systems, internal
templates and documents, and processes.  

Our confidential information

81. You acknowledge that you’ll have access to our confidential information and
that disclosing this confidential information could harm us.

82. During and after our work together, you agree that you won’t (whether for your
or someone else’s benefit) make a record of or disclose to any person any
confidential information relating to our information or trade secrets for any
reason except so far as may be reasonably necessary to enable you to fulfil
your obligations under this agreement.

83. Unless we give you permission in writing, or as otherwise required by law,
you’re prohibited from disclosing our confidential information.

84. You indemnify us and any related entity against any loss or damage we may
suffer because of your breach of confidentiality.

Your confidential information
85. Unless we have your permission, or as otherwise required by law, we will
keep your confidential information confidential.

86. There are certain circumstances where we may need to disclose your
information, such as:

a. If we determine that you are not suitable to participate in the Services
and we refer you to our affiliate business, Freedom Migration; and
b. to a regulatory body (such as to MARA or to the Department of Home
Affairs) (an Authority) in performing the services; and
c. as otherwise required by law.

87. We will take reasonable steps to ensure any such recipient (other than an
Authority) keeps such information confidential.

88. We may retain your information during and after our engagement to comply
with our legal requirements or as part of our regular IT back-up and archiving
practices. We will continue to hold such information confidentially.

Client Files

89. We are required by the Code to make records of our communications, include
verbal communications. These form part of your client file.

90. Your client file also includes a copy of this agreement once signed,
communications between us, invoices and receipts and more (Client File).

91. We securely hold your Client File electronically and in accordance with our
privacy policy.

92. We are required to keep a copy of your Client File for 7 years from the last
date that we work together.

Request for documents

93. We’ll promptly respond to any request for documents. If you’re entitled to the
documents requested, we’ll return these documents to you within 14 days.

94. For the avoidance of doubt, you are not entitled to materials in the Course
under this clause, other than in accordance with the intellectual property
licence contained in this agreement.

Requests from an Authority
95. From time to time, we may be required to disclose your Client File to an
Authority.

96. You agree to cooperate with us in providing any necessary information and
documentation as part of a response to a request made by an Authority.

Transfer and termination.
97. When this agreement ends, we’ll keep your Client File records for 7 years in
accordance with our obligations.

98. You’re also entitled to request that a copy of your Client File be transferred to
you or another migration agent. If you’d like this to happen, please let us know
in writing to members@thepartnervisaacademy.com.au.

99. If we receive any correspondence addressed to you after this agreement is
terminated, we’ll take reasonable steps to forward that correspondence to you
in accordance with the Code.

Intellectual property

Our intellectual property
100. All of our content (including our website content, the Course, and content in
the Services) is subject to copyright and is protected by copyright under the
laws of Australia and through international treaties. Unless we say otherwise,
we own or control all intellectual property rights in our products and services.

101. You acknowledge and agree that all intellectual property owned by us or to
which we are entitled before and after this agreement with you is formed will
remain our sole property and that nothing in this agreement transfers any
ownership in the intellectual property to you.

Limited licence to use our works
102. In delivering the Services, we grant you a worldwide, non-exclusive, royalty-
free, revocable license to access the content in the Services for the purpose for which it was created in accordance with these terms and any instructions we give you.

103. If you tell us that your partner resides in another location and we provide you
with a separate set of log-in details to access the Course, we provide you with
a sub-licence of the licence contained in clause 102.

104. We don’t grant you any other rights in relation to our content. You must not re-
use any content for commercial use or share the content with any other
person, whether or not for commercial purposes, unless we say so in writing.

105. You are expressly prohibited from producing, publishing, or otherwise
distributing any of our Course content, save as to any licence granted under
this agreement.

106. We can cancel this license immediately if you (or the person you have been
permitted by us to sub-licence to) breach it or these terms and conditions in
any way.

107. If you breach this intellectual property clause, we can terminate this
agreement immediately on notice, with no compensation to you.

Indemnity
108. In addition to any other rights that we have at law, and to the maximum extent
permitted by law, you agree to indemnify us on a full indemnity basis for any
breach of this clause including for any costs we incur in seeking legal advice
on the breach and in taking legal proceedings against you.

109. This clause survives termination of this agreement.

Promotion

110. From time to time, we may ask our clients to provide us with a case study, review or other submission to promote our services.

111. Unless you’re voluntarily providing your review by Google, Facebook or other
third-party provider, we’ll always ask you first before publishing any
information.

112. If you agree to provide us with your testimonial or similar, you give us
permission to reproduce your name, photograph, or likeness, as well as
evidence of services delivered, and results achieved to promote our business.

Dispute resolution

113. If we disagree about something that relates to this agreement, we both agree
not to go straight to Court or a tribunal unless we need urgent relief, like an
interlocutory order.

114. We agree to follow the steps set out in this clause first.

115. First, the party with the issue needs to tell the other person about the issue in
writing so they understand what the problem is. This written notice needs to
include the outcome that the person with the issue wants and the action they
think the other person needs to take to settle the issue.

116. Once the other person receives the notice of the issue, both parties agree to
do their best to try and resolve the issue together within 20 business days.

117. If a dispute is declared, any communications between us are confidential and
should be treated as ‘without prejudice’ negotiations for the purpose of
evidence law. This means that neither of us can use these communications if
we go to Court.

Mediation
118. If we can’t resolve the issue on our own, we agree to select an independent
mediator to help us work through the problem. We have up to 7 business days
to select a mediator together.

119. If we can’t agree on a mediator, then we both agree to ask the President of
the Law Society in QLD to appoint a mediator for us. We both acknowledge
that we may be required to sign an agreement with the Law Society in QLD in
order to participate in their mediation services.

120. If we must mediate, we agree to attend virtual mediation whenever possible,
or else to go to mediation in QLD and split the fees of equally between us.

121. This clause survives termination of this agreement.

Ending our agreement

When can we end this agreement?

122. Either of us may terminate this agreement in the following circumstances:

a. immediately, by giving the other person notice in writing if a default
event occurs as described below; and or
b. if the other person has breached these terms and doesn’t fix their
breach within 5 business days of being given notice of the breach. For
clarity, a breach includes your failure to respond to a request for
information (such as for you to provide us with documents or other
information required for us to deliver the services in accordance with
our timeframes); and or
c. as otherwise provided for in this agreement.

123. For the purposes of this clause, default event means:

a. we form the reasonable belief that you have infringed our intellectual
property rights, breached any of the conduct, confidentiality or
intellectual property clauses, or threatened to do so; and or
b. we form the reasonable belief that you have provided false or
misleading information or acted deceptively (for example you have
signed up to access the Course and then requested a refund); and or
c. you withdraw from the partner visa application process; and or
d. any of the following events occurs: the death, bankruptcy or winding up
of a party.

124. Either of us may terminate this agreement by giving notice in writing.

125. Where we terminate this agreement, we’ll provide you with notice in writing
setting out the date from which the agreement is terminated, and any
applicable matters required by the Code.

What happens when it ends?
126. All disclaimers, exclusions, indemnities, and limitations of liability will survive
termination.

127. Any accrued rights or remedies to which either party is entitled will not be
affected.

128. If a refund is applicable, it will be provided in accordance with our Refunds
clause set out in this agreement.

129. We will cease to be your migration agent immediately on termination of this
agreement.

Refunds

130. We provide refunds in accordance with our obligations under the Australian
Consumer Law (ACL).

131. We also provide refunds in accordance with the table below.

132. Refunds will be paid within 14 days of termination of this agreement.

Limitation of liability

Liability under the Australian Consumer Law (ACL)
133. Australian clients are entitled to guarantees under the ACL. We can’t and
won’t change these. We specifically exclude all other guarantees that might
apply to our services.

Liability for breach of contract
134. To the maximum extent applicable by law, we specifically exclude all liability
for breach of contract.

Other liability, including for negligence
135. To the maximum extent applicable by law, we specifically exclude all other
liability to you, including for negligence.

Liability for consequential losses
136. To the maximum extent permitted by law, we exclude all consequential
losses, however arising.

Customers outside of Australia
137. We warrant that we have rendered the services with due care and skill.

138. We don’t warrant our products or services will be error free or that it will meet
all your needs or requirements. This limited warranty is the only warranty
provided by us and is in lieu of all other warranties, express or implied,
including any warranty of merchantability or fitness for a particular purpose.

139. Subject to legal limitations or restrictions applicable to this transaction, our
liability for any breach of the limited warranty provided above is limited to the
fees paid by you or the cost of re-supplying the product, whichever is less.

140. We specifically exclude all other liability to you however arising, including for
negligence and consequential loss.

141. By accepting this agreement, you’re waiving, releasing, and discharging all
claims you have or may have against us on an ongoing basis relating to our
services.

142. This clause survives termination of this agreement.

General

143. Time is of the essence in this agreement. No extension or variation of this
agreement will operate as a waiver of this provision.

144. If anything in this agreement is unenforceable, illegal or void, it is severed,
and the rest of the agreement remains in force.

145. Any waiver by any party to a breach of this agreement will not be deemed to
be a waiver of a subsequent breach of the same or of a different kind.

146. Neither party will be liable to the other party for any loss caused by any failure
to observe the terms and conditions of this agreement, where such failure is
occasioned by causes beyond its reasonable control including, but not limited
to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any
other actions by any government or semi government authorities, or major
injury or illness of key personnel.

147. No rule of construction applies to the disadvantage of a party because that
party was responsible for the preparation of this Agreement or any party of it.

148. We make no warranty or representation in relation to the Services. All implied
warranties (except for any statutory warranties which we cannot exclude) and
conditions are expressly excluded to the fullest extent permitted by law.

149. The law of Queensland (QLD) governs this agreement, and the parties submit
to the non-exclusive jurisdiction of the courts of QLD.

Notices
150. A notice or other communication to a party must be in writing and delivered to
that party in one of the following ways:

a. delivered personally; or
b. posted to their address, when it will be treated as having been received
on the second business day after posting; or
c. sent by email to their email address, when it will be treated as received
when it enters the recipient’s information system.

Interpretation
151. If we refer to a piece of legislation, this includes changes or updates to it, and
instruments and regulations introduced under it.

152. Words denoting the singular include the plural and vice versa, words denoting
individuals or persons include bodies corporate and vice versa, references to
documents or agreements also mean those documents or agreements as
changed, novated or replaced, and words denoting one gender include all
genders;

153. Headings are just for convenience, not for interpretation.

154. Grammatical forms of defined words or phrases have corresponding
meanings.

155. Dates and times set out in this agreement are in reference to Brisbane,
Queensland, Australia.

156. If the day on or by which anything is to be done is a Friday, a Saturday, a
Sunday or a public holiday in the place in which it is to be done, then it must
be done on the next Business Day.

157. References to a party are intended to bind their executors, administrators and
permitted transferees.

158. Obligations under this agreement affecting more than one party bind them
jointly and each of them severally.

Definitions
159. Australian Consumer Law means Schedule 2 of the Competition and
Consumer Act 2010 (Cth).

160. Business Day means a day on which banks are open for business in
Brisbane, other than a Friday, Saturday, Sunday or public holiday.

Your Information