Service Agreement

LIVE IN australia.com is committed to the provision of the highest possible quality of service at all times. The following Service Level Agreement (‘SLA’) outlines the general terms and conditions under which we provide our consulting services.

Please note that by making a payment and engaging LIVE IN australia.com to provide you with Australian immigration advice, you are confirming that you understand and agree to the terms and conditions of this SLA.

Some Useful Definitions

Advisor - means the LIVE IN australia.com registered immigration advisor appointed to your case.

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

Client (‘You’) - means a Registered User of the LIVE IN australia.com Website that has generally made a payment to LIVE IN australia.com for the provision of Australian immigration advice.

DIAC - means The Department of Immigration and Citizenship.

LIVE IN australia.com - means the Tascorp Management Group Pty. Ltd, trading as LIVE IN australia.com.

MARA - means The Migration Agents Registration Authority.

Registered User ('User') - means a visitor to the Website that has been given valid access to the LIVE IN australia.com Visa Management Centre™ by way of an approved username and password.

Service/ Services - means the service which you request LIVE IN australia.com to provide from the list specified on the Website. LIVE IN australia.com reserves the right to alter the Service from time to time. A current description of the Service may be found in the Our Services link.

Visa Management Centre™ or VMC - means LIVE IN australia.com's proprietary, secure online interface which allows both Clients and Registered Users to enter and update their personal information, and access our services via the World Wide Web.

Website - unless otherwise specified, this means the LIVE IN australia.com website, www.liveinaustralia.com.

1. SUPPLY OF SERVICE(S)

Upon receipt of payment, LIVE IN australia.com shall appoint an Advisor to (as applicable) analyse your profile, discuss your case by telephone, prepare written advice and/ or supporting documentation and respond to your case related queries online.

Your engagement of LIVE IN australia.com is strictly personal and we will not discuss your case, information or Service(s) with any third party enquiring on your behalf (including family) unless you provide express instruction that the third party in question is authorised to do so.

LIVE IN australia.com 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, LIVE IN australia.com will use its best endeavours to adhere to the given period, however as cases are managed on an individual basis, the Service may take longer to provide in certain circumstances. In such an event, LIVE IN australia.com 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 LIVE IN australia.com, the principle point of contact, communication and access to the Service(s) shall be the VMC; by way of the username and password that has been nominated for their account. With the exception of any authorised telephone consultation, LIVE IN australia.com reserves the right not to respond to any query made by a client that is not sent via the VMC.

2. LIMITATIONS OF SERVICE

Your Advisor will provide advice based on the specific information you supply within the VMC, hence if limited detail is available, certain assumptions may be necessary.

As cases can vary considerably from client to client, any guidance or comments are personal and intended only for you and should not be applied to the circumstances of any third party.

The advice provided by your Advisor is communicated on the belief that it reflects current Australian immigration laws, policies and regulations.

Whilst LIVE IN australia.com and its advisors 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.

LIVE IN australia.com does not and cannot make any guarantees in relation to the approval or validity of any visa application made by you or by LIVE IN australia.com on your behalf. The power to grant or refuse visa applications vests solely in DIAC or any other government department authorised by law.

LIVE IN australia.com is not engaged in rendering taxation, business, accounting, investment or other professional advice or services which are unrelated to Australian Immigration matters; unless expressly stated otherwise by LIVE IN australia.com in relation to any particular Service being provided. LIVE IN australia.com advises clients to seek separate independent professional advice regarding these matters.

The Client also acknowledges and agrees that LIVE IN australia.com provides legal advice strictly in relation to Australian immigration and you will not make any representation to the contrary.

3. ONLINE CONSULTATION

Where the Service includes an online consultation component (‘Consult Your Advisor™’ or ‘CYA’), you shall be able to ask Appropriate Questions (as defined below in Section 4) via the VMC for the period specified in the Service you purchase.

Your Advisor will respond to your Appropriate Questions (which may be by way of a request for further information) within twenty-four (24) hours or by the next Business Day on weekends.

The time period referred to above is an estimate only and LIVE IN australia.com 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 where 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.

LIVE IN australia.com 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 LIVE IN australia.com determines to be comprised of a number of questions.

Where LIVE IN australia.com provides you with any answer to a question, that answer will be deemed a final response to your question. LIVE IN australia.com reserves the right to refuse to communicate further with a Client in relation to any answer forwarded by LIVE IN australia.com.

4. APPROPRIATE QUESTIONS

LIVE IN australia.com reserves the right to determine in its absolute discretion what constitutes an Appropriate Question, however your Advisor 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;

• LIVE IN australia.com, 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. LIVE IN australia.com advises you to seek independent professional advice on any matters unrelated to legal migration advice.

5. TERM AND TERMINATION

LIVE IN australia.com is entitled to terminate this Agreement immediately where:

• Your Service is cancelled and a full or partial refund is provided to you;
• LIVE IN australia.com 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 you 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 LIVE IN australia.com, you behave in such a way that renders your Advisor unable to provide the Service(s) any longer.

6. REFUND POLICY & OTHER FEES PAYABLE

LIVE IN australia.com will happily provide 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.

Where possible, LIVE IN australia.com charges ‘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 courier costs, DIAC application charges, English language tests, skills & medical assessment fees and document certification costs.

These fees are not payable to LIVE IN australia.com, but directly to the relevant body providing that service and LIVE IN australia.com does not benefit from nor is it responsible in any way for these 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

8. REPRESENTATION

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

Pursuant to 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.

LIVE IN australia.com shall not be responsible for any delays or loss of documentation whatsoever 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, LIVE IN australia.com 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 LIVE IN australia.com Website may not be available due to technical difficulties, upgrades or maintenance.

In no event will LIVE IN australia.com 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 LIVE IN australia.com has been advised of the possibility of such damages.

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

LIVE IN australia.com 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 LIVE IN australia.com.

10. IMPLIED TERMS & LIMITATIONS

To the extent permitted by law, LIVE IN australia.com 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 LIVE IN australia.com

Without limiting the effect of any other provision of this Agreement, the parties agree that the total liability of LIVE IN australia.com 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. LIVE IN australia.com MATERIAL

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

13. YOUR PRIVACY

LIVE IN australia.com's Privacy Policy governs the way LIVE IN australia.com may use your information. LIVE IN australia.com 's privacy policy may be viewed by clicking here.

14. THIRD PARTIES

In the event that answers and information provided by LIVE IN australia.com 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 LIVE IN australia.com to any third party.

The Client indemnifies LIVE IN australia.com 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 LIVE IN australia.com .

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 LIVE IN australia.com 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 Victoria and 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 LIVE IN australia.com.

The Client agrees that the terms and conditions of this Agreement are for the benefit of LIVE IN australia.com 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.