Preamble

These Terms and Conditions (“Terms”) govern your use of the business services sections of our websites at www.visaadvisoryaustralia.com.au and www.visaadvisoryaustralia.com (“Website”), and the engagement or purchase of any business migration service (“Services”) from Visa Advisory Australia (“we”, “our”, “us”). In these Terms, “Client,” “You,” or “Your” refers to the business entity, including its directors, employees, and authorised representatives, accessing the Website or engaging our Services.

By using our Website, booking a Migration Readiness Audit, or engaging any Service, You agree to be bound by these Terms, along with our Privacy Policy and Website Terms of Use. If You do not agree, please do not use our Website or purchase Services.

1. Client Engagement and Authority

1.1. You, as the individual engaging with Visa Advisory Australia on behalf of a business entity, warrant that you possess the full legal authority to act on behalf of and bind that entity to these Terms and any subsequent Engagement Agreement.

1.2. You agree to provide information that is accurate, complete, and current at all times. You are responsible for promptly updating Visa Advisory Australia of any changes to Your information.

2. Our Services and Formal Engagement

2.1. Visa Advisory Australia offers a range of business-to-business (“B2B”) migration services, including the Migration Readiness Audit (“MRA”), fixed-fee service plans, and the Strategic Compliance Partnership. The specific details, scope, and fees for comprehensive service plans are outlined in a formal, written Engagement Agreement.

2.2. The Free 15-Minute Discovery Call is an introductory, no-obligation discussion intended to provide general information about our services. It does not constitute formal migration advice and does not establish a registered migration agent-client relationship.

2.3. A formal agent-client relationship and the commencement of any paid Services beyond the MRA will only occur upon the execution of a written Engagement Agreement by both Visa Advisory Australia and an authorised representative of the Client. No paid professional services will commence until this Engagement Agreement is signed and returned.

2.4. Where a Client has purchased and completed an MRA, the professional fee of $1,100.00 AUD (excluding GST) may be applied as a credit toward professional fees in a subsequent comprehensive corporate Engagement Agreement with us. This credit is strictly subject to the following conditions:
(a) a formal Engagement Agreement for sponsorship and/or nomination services must be fully executed within 30 days of the MRA report publication date; and
(b) the credit applies solely to our professional service fees and cannot be used to offset government fees, SAF levies, or third-party disbursements.

3. Fees, Payments, and Third-Party Costs

3.1. All fees for B2B Services quoted on the Website or in preliminary communications are in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), unless expressly stated otherwise.

3.2. The binding fees, payment schedules, and the specific scope of services for any engagement beyond the MRA are detailed exclusively in the written Engagement Agreement provided to the Client for signature.

3.3. Our professional fees do not include any third-party costs or disbursements (“Disbursements”). The Client is solely responsible for the payment of all Disbursements, which include but are not limited to: (a) Government Visa Application Charges (VACs); (b) Skilling Australians Fund (SAF) Levy; (c) Costs associated with Labour Market Testing (LMT) advertising; (d) Fees for skills assessments, health examinations, and/or police clearances; and (e) Any other government or third-party charges related to the application process.

4. Cancellations, Refunds, and No Guarantee of Outcome

4.1. Migration Readiness Audit (MRA): The fee for the MRA is payable in full and in advance to secure the booking. Once paid, this fee is non-refundable, except as required by Australian Consumer Law.

4.2. Service Plans: Cancellation and refund policies for comprehensive Service Plans are governed exclusively by the terms of the signed Engagement Agreement.

4.3. No Guarantee of Outcome: You expressly acknowledge and agree that Visa Advisory Australia does not and cannot guarantee a successful outcome for any sponsorship, nomination, or visa application. All application outcomes are at the sole and absolute discretion of the Department of Home Affairs or other relevant government bodies, and are subject to the migration legislation and policy in effect at the time of decision.

4.4. Fees for Professional Services: All fees paid to Visa Advisory Australia are for the provision of professional services, including our time, expertise, and work performed. Fees are not contingent on the outcome of any application. Consequently, no refunds of professional fees will be issued if an application is refused, delayed, or otherwise unsuccessful, unless required by Australian Consumer Law.

5. Client Obligations and Warranties

5.1. The Client agrees to:

• (a) Provide all requested information and documentation (including financial, operational, and employment-related documents) in a timely, accurate, and complete manner.
• (b) Promptly inform Visa Advisory Australia of any material changes to its circumstances or to the information previously provided.

5.2. The Client warrants that all information and documentation provided to Visa Advisory Australia, for any purpose, is true, correct, authentic, and not misleading.

5.3. The Client acknowledges that Visa Advisory Australia relies entirely on the information provided by the Client to prepare and lodge applications. Visa Advisory Australia is not liable for any adverse outcomes, including application refusal, delays, or government sanctions, resulting from the Client’s failure to meet its obligations under this clause.

6. Intellectual Property

6.1. All content on the Website and all materials provided by Visa Advisory Australia in connection with the Services, including but not limited to written advice, guides, templates, and reports (“Materials”), remain the intellectual property of Visa Advisory Australia.

6.2. The Client is granted a limited, non-exclusive, non-transferable licence to use the Materials solely for its internal business purposes directly related to the specific migration matter for which Visa Advisory Australia was engaged. The Client must not reproduce, distribute, or republish any Materials without Visa Advisory Australia’s prior written consent.

7. Limitation of Liability

7.1. To the fullest extent permitted by law, Visa Advisory Australia, its directors, employees, and agents exclude all liability for any loss or damage of any kind (including direct, indirect, consequential, or economic loss) arising out of or in connection with the Services or Your use of the Website.

7.2. Without limiting the generality of the foregoing, Visa Advisory Australia is not liable for any loss or damage arising from:

• (a) The refusal or delay of any sponsorship, nomination, or visa application by any government authority;
• (b) Any changes in Australian migration legislation, regulations, or government policy;
• (c) Any delays, errors, or operational issues on the part of the Department of Home Affairs or any other third-party assessment or government body; and/or
• (d) The provision of false, misleading, incomplete, or inaccurate information by the Client, its employees, agents, or the visa applicant.

8. Australian Consumer Law Guarantees

8.1. Our Services come with guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law” or “ACL”). For major failures with the service, You are entitled:

• (a) to cancel Your service contract with us; and
• (b) to a refund for the unused portion, or to compensation for its reduced value.

8.2. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time.

8.3. To the extent that the Services provided by Visa Advisory Australia are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, Visa Advisory Australia’s liability for any failure to comply with a consumer guarantee under the ACL is limited, at Visa Advisory Australia’s sole option, to one of the following as permitted under Section 64A of the Australian Consumer Law:

• (a) the resupply of the Services; or
• (b) the payment of the cost of having the Services resupplied.

9. Privacy

9.1. Visa Advisory Australia collects, uses, and manages personal information in accordance with its Privacy Policy, which is available for review here: Privacy Policy. By engaging our Services, You consent to the collection and use of information as described therein.

10. Termination

10.1. Visa Advisory Australia reserves the right to suspend or terminate Your access to the Website or our Services immediately and without notice if You are in breach of these Terms.

10.2. Termination of a signed Engagement Agreement is governed by the terms specified within that agreement.

11. Dispute Resolution

11.1 We aim to resolve disputes quickly and professionally. If you have a concern, please contact us first at admin@visaadvisoryaustralia.com.au.

11.2 Before initiating legal proceedings, both parties agree to attempt to resolve the matter through good-faith negotiation or mediation.

11.3 Nothing in this clause limits your rights to make a complaint to the Office of the Migration Agents Registration Authority (OMARA) or any other relevant authority.

12. Governing Law and Jurisdiction

12.1. These Terms are governed by and shall be construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia.

12.2. The Client irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia for the resolution of any dispute arising out of or in connection with these Terms or the Services.