Please find below the standard terms and conditions that apply to every engagement for immigration advice and services, unless otherwise specified.
WE AND YOU AGREE:
- As part of Our professional responsibilities We will provide You with a copy of the Licensed Immigration Advisers Code of Conduct 2010 (code of conduct), and explain this document to You.
- We will prepare and compile all information required for Your immigration matter, “insert action” in relation to “insert Visa Type”
- As part of this process, We will review all information and documents provided by You; and provide You with advice as to New Zealand immigration law and instructions in relation to this matter, including advice as to Your options and the best way forward.
- We estimate that this matter will involve the following stages and timeframes:
- We will confirm to You in writing when Your application, request, claim, and/or appeal has been submitted to Immigration New Zealand, and provide You with ongoing timely updates as appropriate.
- We will also confirm any material discussions with You in writing, and advise You if Our business contact details change at any time.
- You will pay the following fee for Our services described above:
NZ$as agreed plus GST
- Our fee noted above is a set fee that covers all work of a standard nature involved in delivering the services described in this agreement. In setting this fee, We have taken into account the expected amount of work involved and Our standard hourly rate.
- If any extra work is required involving additional fees, We will advise You of the reasons why, and obtain Your written approval, before doing any extra work. Any additional fees will be at Our standard rate of $250.00 excluding GST per hour.
- If any extra work is required involving additional fees, We will advise You of the reasons why and obtain Your written approval, before doing that extra work.
- Unless specified otherwise Our fees exclude all INZ application fees, levies and any incidental costs incured as part of the application process.
- Disbursements are not part of Our fee(s). They are payments made to others or expenses incurred by Us on Your behalf.
- You will pay the following estimated disbursement(s) in relation to Our services described above:
- INZ Levies and Applications fees
- Any costs incurred in procuring information or compliance with fulfilling the requirements of the application
- If there are any additional disbursements, We will advise You of these and obtain Your written approval, before incurring these costs.
Payment terms and conditions [GST inclusive]
- You will pay Our fees and the disbursements identified above on the following terms:
- Payment is due 7 days after invoice date
- We will invoice You when fees and or disbursements become payable in accordance with the terms of this agreement.
- Any additional fees or disbursements for which We have obtained Your written approval will be payable by You as soon as We issue an invoice for them
Interest on unpaid accounts
- On accounts more than 30 days overdue, We reserve the right to charge 15% per annum interest (accruing daily from the date invoiced until paid in full) and to claim reimbursement of any collection charges incurred.
Your obligations to Us
- You confirm that:
- You will inform Us of any relevant matters regarding your immigration status and history.
- You will promptly provide Us with all the information and documents We need in order to complete Our services for You, and that all such documents and information will be valid, accurate, complete and truthful.
- You will inform Us of any relevant change in Your circumstances that could affect the outcome or delivery of the service(s) You have engaged Us to perform.
No guarantee of outcome
- We are unable to guarantee the outcome of Your application.
- We will however, undertake to use Our professional skill for Your benefit to the best of Our ability at all times.
- We will undertake a fair and reasonable assessment regarding whether You will be eligible for a refund of any fees paid by You on the termination of this agreement for any reason.
- We cannot and will not however, refund any fees or disbursements that have already been paid to third parties on Your behalf.
- No refund is payable if You have breached Your obligations to Us, or to Immigration New Zealand.
Disclosure of financial and non-financial interests
- If We refer You to suppliers of other goods or services, the company or institution concerned may pay a commission or brokerage fee which will be retained by Us.
- Where We have a financial or non-financial interest in other goods and services supplied by Us, or in other suppliers of those goods and services, We will advise You in writing of these before supplying those goods or services, or referring You to those suppliers.
- At the time of signing this agreement We declare the following financial and non-financial interests in the goods or services that We have recommended or supplied to You:
Conflicts of interest
- Unless You specifically agree in writing, We cannot represent You if:
- You have potentially conflicting interests with another client of Ours; or
- We have a potential conflict of interest with You.
- If We must stop work on Your immigration matter for reasons which You could not have reasonably been aware of, We will undertake a fair and reasonable assessment regarding whether You will be eligible for a refund of any fees paid by You.
- If You have a complaint about Our services, please refer to the copy of Our internal complaints procedure which has been provided to you, and which set out how you can make a complaint to Us, and the process by which we will respond.
- If You are not happy with Our response to Your complaint, and Your complaint is ‘eligible’ under the Immigration Advisers Licensing Act 2007, as set out at 4 below, You may send Your complaint to the Registrar of Immigration Advisers (the Registrar) at the Immigration Advisers Authority (the Authority):
The Registrar of Immigration Advisers
Immigration Advisers Authority
52 Symonds Street, Grafton, Auckland
PO Box 6222, Wellesley Street, Auckland 1141, New Zealand
Phone: 0508 422 422 (within New Zealand)
Phone: +64 9 925 3838 (outside New Zealand).
- Your complaint must be made in writing and specify the ground or grounds that form the basis of Your complaint against Us. You can use the Complaint Form provided by the Authority to make a complaint.
- You can complain if You feel that We have demonstrated negligence, incompetence, incapacity, dishonest and misleading behaviour, or have breached the Licensed Immigration Advisers Code of Conduct 2010. These terms are further described in the Complaint Form which is available, together with other information on the complaints process, on the Immigration Advisers Authority website, at www.iaa.govt.nz
Termination of agreement
- You are free to terminate this agreement at any time.
- We will not terminate Our services to You unless there is good cause for Us to do so. Good cause includes but is not limited to where:
- You breach any of Your obligations to Us; or
- You fail to pay any payment due for a period of 30 days or more; or
- We are unable to carry out Our services because of a change in immigration law or instructions.
- If Our services to You are terminated, whether on Your instructions or by Our actions, We will confirm this to You in writing.
- If for any reason We cannot continue to act as Your representative, We will take reasonable steps to ensure that Your interests are represented.
- If either You or We terminate this agreement under this clause, We will be entitled to be paid a fair and reasonable fee for the work done by Us up till then.
- We will treat any personal information You give Us as confidential, and keep and maintain such information in accordance with the provisions of the Privacy Act 1993.
- We will not disclose Your personal information without Your prior consent, unless such disclosure is required for:
- the purposes of the administration of the Immigration Advisers Licensing Act 2007;
- the promotion of Your interests to Immigration New Zealand; or
- the law requires Us to.
- Your personal information will be retained for a period of seven years, and will be made available to the Immigration Advisers Authority if requested.
- You have the right to have access to, and have corrected, any of Your personal information held by Us.
- We assume that all information supplied by the client is accurate and that all documents and certificates are correct and bona-fide. If the client immigration matter fails owing to omission of pertinent facts and/or negligent or false information. We reserve the right to cease acting for the client and retain all appropriate fees without refund.
Authority to act
- You authorise Us to act for You in relation to the immigration matter(s) identified in this agreement.
Independent legal advice
- You have the right to seek Your own legal advice about this agreement.
- If You would like to obtain Your own legal advice, please do so before You sign the agreement.
Changes to terms of agreement
- Any changes to the terms of this agreement will be recorded by Us, either as amendment to this agreement which will be initialled by You and Us, or as a separate document which will be signed by You and Us and read in conjunction with this agreement.