Terms & Conditions
These terms govern migration, visa, consultation, advisory and application-preparation services provided by Visa Empire to any client who engages our services.
By engaging Visa Empire, making a payment, booking a consultation, or instructing us to provide services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
Our services
Visa Empire provides migration and related professional services, including visa assessment, migration advice, application preparation, documentation assistance, consultation and other services agreed with the client.
The exact services to be provided, applicable professional fees, government charges, third-party charges and other costs will be communicated to the client before or at the commencement of the relevant engagement.
Visa Empire does not guarantee that any visa application, migration application or other application will be approved. The final decision on any visa or migration application is made by the relevant Australian Government department, tribunal or other competent authority.
Payment of our professional fees does not constitute or guarantee a successful visa outcome.
Fees and payments
All professional fees must be paid in accordance with the applicable fee agreement, invoice, engagement letter or other written arrangement provided to the client.
Unless expressly stated otherwise, government application charges, visa application charges, medical examination fees, police checks, translation fees, skills assessment fees, courier charges and other third-party costs are separate from Visa Empire's professional fees.
The client is responsible for providing accurate and complete information and documentation necessary for us to perform the agreed services.
Visa Empire may suspend or delay work where fees remain unpaid or where required information or documentation has not been provided.
Payment source & AML/CTF requirements
Visa Empire is committed to complying with applicable Australian laws concerning anti-money laundering and counter-terrorism financing ("AML/CTF"), customer identification, financial crime prevention and related regulatory requirements.
Where applicable, Visa Empire may be required to identify and verify clients, obtain additional information concerning the client or the transaction, establish the source or purpose of funds, conduct risk assessments, request supporting documentation, or take other steps required by law.
Payment must ordinarily be made by the client
Payments should be made directly by the client using:
- the client's own bank account; or
- a debit or credit card held in the client's name.
A client must not use another person's bank account, credit card, debit card or other payment method without prior approval from Visa Empire.
If a third party is making a payment on behalf of a client, Visa Empire may require evidence of the third party's identity, authority to make the payment, relationship with the client, and the legitimate source and purpose of the funds.
Visa Empire reserves the right to refuse, delay, suspend, return or otherwise deal with a payment where doing so is necessary or appropriate to comply with applicable law, regulatory requirements, internal risk controls or AML/CTF obligations.
The client must not knowingly provide false, misleading or incomplete information concerning the identity of the payer, ownership of funds, source of funds or purpose of a transaction. The client is responsible for ensuring that payments made using their account, card or with their authority are legitimate and authorised.
If a client permits another person to use their payment method, or makes or receives a payment through a third party, the client may be required to provide additional information and documentation and may be responsible for any dispute, chargeback, fraud allegation or other issue arising from that payment, subject always to any rights and obligations imposed by applicable law.
Visa Empire may report or disclose information to a competent authority where required or permitted by law. Visa Empire may also be prohibited by law from informing a client that a suspicious matter or related report has been made.
Nothing in this section limits or excludes any AML/CTF obligation imposed on Visa Empire by law.
Consultation bookings — cancellation and rescheduling
Where a client books a consultation with Visa Empire, the client may cancel or reschedule the consultation.
If a client cancels a consultation within 24 hours of making the booking/payment and before the consultation has commenced, the client may request a full refund of the consultation fee. Alternatively, the client may request to reschedule the consultation within the applicable booking period, subject to availability.
If the client fails to attend a scheduled consultation, arrives substantially late, or cancels after the applicable 24-hour cancellation period, Visa Empire may treat the consultation fee as payable for the reserved professional time, subject to applicable law and any specific terms provided at the time of booking.
If exceptional circumstances exist, the client should contact our reception or client services team as soon as possible. Visa Empire may consider the circumstances and, where appropriate, offer a refund, credit or rescheduling arrangement at its discretion.
Refund policy
Visa Empire aims to maintain a fair and transparent refund process.
5.1 — Work has not commenced
If the client cancels the engagement before Visa Empire has commenced substantive work on the client's matter, the client may be entitled to a full refund of fees paid for services that have not been provided, subject to any applicable law and the terms of the client's engagement.
For the avoidance of doubt, administrative processing, preliminary assessment, document review, file opening, compliance checks, consultation or other work may constitute commencement of services where such work has actually been performed.
5.2 — Work has commenced
If Visa Empire has commenced work on a matter and the client subsequently cancels the engagement, the refund will generally be calculated by reference to the services actually performed. Visa Empire may deduct reasonable professional fees for work already completed, including, where applicable:
- consultation and assessment time
- document review
- preparation of forms or applications
- drafting
- research
- correspondence
- case preparation
- file management
- professional advice
- administrative work directly associated with the matter
- other services actually provided
Where services are charged on an hourly basis, the amount deducted may be calculated according to the applicable hourly rate and the time reasonably spent on the matter. Where the engagement is charged on a fixed-fee or staged basis, Visa Empire may assess the proportion of the contracted services that has been completed and deduct the corresponding amount for services actually provided.
Any balance remaining after deducting properly chargeable services and authorised third-party costs may be refunded to the client, subject to applicable law and the client's agreement.
5.3 — Government and third-party charges
Government fees, application charges and third-party costs paid on behalf of a client may be non-refundable where the relevant government department, authority or third party does not provide a refund. Visa Empire will not be responsible for refunding fees that have been paid to and retained by a government authority or third party, except where Visa Empire has separately agreed otherwise or is legally required to do so.
5.4 — No refund for unsuccessful visa outcomes
Unless expressly agreed otherwise in writing, Visa Empire's professional fees are for the provision of professional services and are not a guarantee of a successful visa outcome. A refusal, delay, request for further information, change in government policy, change in circumstances or other decision by an Australian Government department or tribunal does not automatically entitle a client to a refund for professional services already provided.
This does not affect any rights the client may have under applicable law or the terms of their individual engagement.
Refund process
All refund requests should be made in writing and should include:
- the client's full name
- matter or reference number
- date of payment
- reason for the refund request
- relevant supporting information
Visa Empire will review the request and determine the amount, if any, payable in accordance with the applicable engagement terms, work performed and applicable law.
Where a refund is approved, Visa Empire will generally process the refund to the original payment method unless another method is legally permissible and agreed. Refund processing times may depend on the payment provider or financial institution.
Cancellation of services by the client
A client may request cancellation of services at any time.
Cancellation does not automatically cancel fees for work already completed, services already provided, government charges, third-party costs or other amounts properly incurred on the client's behalf.
Upon cancellation, Visa Empire may finalise the client's account and provide an itemised statement or invoice identifying amounts charged and any balance payable or refundable.
Cancellation or termination by Visa Empire
Visa Empire may suspend or terminate an engagement where permitted by law, including where:
- the client provides false, misleading or fraudulent information
- the client fails to provide necessary information or documents
- fees remain unpaid
- the client engages in abusive, threatening or inappropriate conduct
- continuing to act would create a conflict of interest
- continuing to act would create a legal, ethical, professional or regulatory issue
- the matter presents unacceptable AML/CTF or financial crime risk
- the client requests us to undertake unlawful or improper conduct
- circumstances arise which prevent Visa Empire from continuing to provide the agreed services
Where Visa Empire terminates an engagement, any refund will be assessed having regard to work completed, amounts properly incurred, the engagement terms and applicable law.
Client responsibilities
The client must:
- provide complete, accurate and truthful information
- promptly notify Visa Empire of any change in circumstances
- provide requested documents within reasonable timeframes
- review documents and information provided by Visa Empire and notify us of any errors
- respond to reasonable requests for information
- provide truthful information to Australian Government authorities
- pay agreed fees and charges when due
- comply with applicable laws and the terms of the engagement
Visa Empire is not responsible for consequences arising from inaccurate, incomplete, misleading or late information supplied by a client.
No guarantee of visa outcome
Visa Empire does not guarantee the grant of any visa, migration outcome, appeal or other application. Migration decisions are made by the relevant Australian Government department, tribunal or other competent authority.
Any estimate, opinion, assessment or indication of prospects provided by Visa Empire is based on information available at the relevant time and should not be interpreted as a guarantee.
Changes in law and government policy
Australian migration law, government policy, visa requirements, processing arrangements and application procedures may change.
Visa Empire will provide services based on the law and information reasonably available at the relevant time. Where a change in law, policy or government procedure materially affects a client's matter, additional work or fees may apply where permitted under the applicable engagement.
Communication
Visa Empire may communicate with clients by email, telephone, SMS, messaging applications or other communication methods agreed with the client.
The client is responsible for ensuring that Visa Empire has current contact details. Visa Empire is not responsible for delays caused by incorrect contact details, failure to check communications, spam filters, technical issues or circumstances outside our reasonable control.
Confidentiality and privacy
Visa Empire will handle client information in accordance with applicable privacy and confidentiality obligations and our Privacy Policy, available at visaempire.com.au/privacy-policy.
Clients acknowledge that information may need to be disclosed to government authorities, tribunals, professional advisers, service providers or other third parties where authorised or required by law or where necessary to provide the agreed services.
Complaints and dispute resolution
If a client has a concern regarding our services, the client should first contact Visa Empire's reception, client services team, Compliance Manager or management. We encourage clients to raise concerns promptly so that we can investigate and attempt to resolve the issue fairly.
Complaints may be submitted through visaempire.com.au/complaints.
Where the matter concerns a registered migration agent, clients may also have rights to make a complaint to the Office of the Migration Agents Registration Authority (OMARA) or seek assistance from the appropriate external dispute-resolution body or court, depending on the nature of the dispute.
OMARA explains that financial disputes with a registered migration agent may also be dealt with through relevant courts or tribunals.
Professional and regulatory compliance
Visa Empire will conduct its services in accordance with applicable Australian laws and professional obligations relevant to the services being provided.
Where a registered migration agent is responsible for providing immigration assistance, the applicable migration-agent obligations and Code of Conduct will apply. Registered migration agents are required to maintain appropriate client records and comply with applicable requirements concerning client money and fees.
AML/CTF compliance contact
Visa Empire maintains appropriate internal procedures for managing financial crime and AML/CTF risks applicable to its business.
The Compliance Manager is responsible for overseeing relevant compliance processes, including client identification, payment-source issues, risk escalation, record keeping and compliance matters, subject to the applicable legal and regulatory framework.
Visa Empire may request additional information from a client at any stage where reasonably necessary for compliance purposes. Failure or refusal to provide information reasonably required for compliance may result in the suspension or termination of services where permitted by law.
Third-party services
Visa Empire may engage or refer clients to third-party service providers, including translators, medical providers, skills assessment organisations, educational institutions, government authorities, courier services and other professional providers.
Third-party services may be subject to separate terms, fees and refund policies. Visa Empire is not responsible for a third party's acts or omissions except to the extent required by applicable law.
Website use
The information contained on the Visa Empire website is provided for general information purposes. Website content does not constitute a guarantee that a particular visa or migration outcome will be available to an individual.
Clients should obtain an individual assessment before relying on general website information for their personal circumstances. Visa Empire reserves the right to update, amend or remove website content at any time.
Limitation of liability
To the maximum extent permitted by law, Visa Empire will not be liable for loss arising from circumstances outside our reasonable control, including government decisions, legislative changes, policy changes, processing delays, third-party failures or inaccurate information supplied by a client.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, statutory right or other protection that cannot lawfully be excluded, restricted or modified under Australian law.
General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
A failure by Visa Empire to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision.
These Terms and Conditions should be read together with the client's individual engagement letter, service agreement, fee agreement, invoice and any other written terms provided by Visa Empire. Where there is an inconsistency, the applicable individual engagement or service agreement will apply to the extent permitted by law.
Acceptance
By booking a consultation, making a payment, signing an engagement, instructing Visa Empire or continuing to use our services, you acknowledge that you have had a reasonable opportunity to read these Terms and Conditions and agree to be bound by them, subject to any rights that cannot lawfully be excluded.