Once you have decided that Terra Nova Consultancy Ltd is your preferred immigration adviser, we will make up a contract specifying the services that you require. The below Service Agreement and is than applicable;
SERVICE AGREEMENT
1. PURPOSE:
To create an Agreement between the parties confirming the appointment of Terra Nova Consultancy Ltd as sole agent for the Client; in which the Company agrees to provide the necessary services to assist the Client in the process to obtain Immigration Visa(s) or Permit(s) for New Zealand, and the Client agrees to pay for the Company's services, at the rate agreed in writing.
2. ACCEPTANCE:
It is a requirement of the Immigration Advisers' Authority (IAA) that no immigration services may be provided until the Company receives a copy of this agreement, signed and dated by the Client.
3. LEGAL ADVICE:
The Client is advised that s/he is entitled to seek independent legal advice before entering into this agreement.
4. AGREEMENT WITH ATTACHEMENTS:
This Agreement comprises two parts, the Agreement and Appendix A, B and C.
5. CODE OF CONDUCT:
Clients may review the IAA Code of Conduct at; http://www.iaa.govt.nz/docs/final-advisers-code-of%20conduct.pdf
6. ACCEPTANCE:
Acceptance of the terms of this Agreement will be deemed to have occurred, on receipt by the Company, of one copy of this Agreement signed by the Client. Under the Immigration Advisers Act, work on an application may not commence until the signed agreement is returned to us.
7. CONFIDENTIALITY:
All information and documentation received by Terra Nova Consultancy Ltd pertaining to the Client's application shall remain confidential to the parties and only be made available to other parties when necessary to facilitate the processing of the client's application. All information provided by Terra Nova Consultancy Ltd to the Client shall remain confidential and not be passed to any other party without the permission of the Company
8. DEFINITION:
The term 'Client' is deemed to include the immigration applicant or the employer of the applicant, where the agreement is signed by the employer. In such cases, references to application(s), visa, permits etc, will be considered to refer to the immigration applicant. INZ refers to Immigration New Zealand.
9. RESPONSIBILITIES OF THE COMPANY:
In accepting this Agreement, the Company undertakes to:
9.1. assess the Client's situation with regards to current Government Immigration Policy with particular reference to the Immigration Act and Amendments, the Immigration Regulations and Immigration New Zealand Operational Policies and Procedures and Precedents
9.2. provide advice and information about the immigration process, documentation requirements, qualifications, registration, work experience and other relevant information as necessary for the processing of the application
9.3. check all documentation against policy requirements, qualifications, references and Government forms
9.4. prepare supporting submissions
9.5. lodge immigration applications, fully supported in accordance with the Immigration Regulations and relevant criteria as published by Immigration New Zealand at time of lodgement
9.6. maintain communications with the Client, Immigration New Zealand and other parties as necessary
10. RESPONSIBILITIES OF THE CLIENT:
In accepting and signing this Agreement, the Client undertakes to:
10.1. provide all relevant information and documentation necessary to support his or her application(s), with certified English translations where required, and warrants that to the best of his or her knowledge all documentation provided is complete, true and accurate. Such documentation could include, but is not limited to;
10.1.1. where required by 'policy', an offer of skilled employment meeting the relevant criteria, qualifications formally evaluated by the New Zealand Qualifications Authority (if required), health and character certificates acceptable to Immigration New Zealand etc
10.2. pay the fees of Terra Nova Consultancy Ltd in the form and at the times agreed upon as detailed in the Company's Agreement as enclosed
10.2.1. Failure to make payments as detailed on our quotation and/or invoices may result in the Client's application not being processed by the Company and/or the Company terminating the agreement and advising Immigration New Zealand of the fact
10.2.2. The Company's Agreement is provided in good faith, based on the information provided by the client. If information is identified which will require additional involvement by the Company or its staff, the Company retains the right to review and if appropriate, renegotiate fees.
10.2.3. Where the company incurs disbursements on behalf of a client, such as international couriers or translation of documents, an administration charge will apply as detailed in the attachment 'Agreement'
10.2.4. Where time payment is agreed, interest at 2 % per month will be incurred and will apply from date of invoice. Interest will be calculated monthly on the outstanding balance at month end.
10.2.5. Where time payment is not agreed and payment is not made within the agreed terms, accounts will be considered to be in breach of this agreement and subject to penalty interest charges at 2.75% per month. Interest charges to apply from the date of invoice. Interest will be calculated on the outstanding balance at month end.
10.2.6. Failure to make payment within the agreed terms will absolve Terra Nova Consultancy Ltd from any liability whatsoever and may initiate action to recover the debt. Any cost incurred in the recovery of the debt will be added to the outstanding account
10.3. ensure that all immigration permits remain valid. Should a temporary permit expire, the Client must contact the Company urgently and within 42 days of the expiry of the permit, either leave New Zealand or lodge an appeal against removal. Failure to do so may leave the Client subject to arrest and removal.
10.4. advise the Company in writing, of any change in circumstances which could affect the application(s), such as changes in address or contact details, partnership, employment etc.
11. PREJUDICIAL INFORMATION:
The company reserves the right to amend the terms of the quotation and the agreement if Immigration New Zealand identifies potentially prejudicial information which must be addressed
12. GUARANTEE:
Terra Nova Consultancy Ltd offers the following Guarantee;
12.1. Terra Nova Consultancy Ltd guarantees that the application will not fail for any reason which could reasonably be considered to be within the control of the company, including any action or inaction by the company or staff.
12.2. The guarantee is limited to the full refund of the Service fee paid to the Company minus any disbursements and costs incurred or,
12.3. At the discretion of the Company, to processing an appeal against the decision of the Service.
12.4. An application is considered to have been successful when it is approved 'in Principle' by the INZ or a relevant visa or permit has been issued.
13. EXCLUSIONS:
The Guarantee does not cover:
13.1. costs incurred directly by the Client or employer such as translation, courier, medical or police certificate costs
13.2. third party costs (e.g. government fees, translation costs, international tolls or courier charges)
13.3. rejection or decline of any application caused by matters outside the control of the Company including:
13.3.1. the failure of third parties to provide services necessary for the application to be approved.
13.3.2. decline or rejection of the application through any change in Immigration or other Government policy announced after the application had left the control of the Company
13.3.3. decline or rejection of the application through reinterpretation of policy by Immigration New Zealand, where that reinterpretation is at variance with precedent or advice received
13.3.4. a decision by Immigration New Zealand to not offer an invitation to apply for residence
13.3.5. decline of the application because of failure by the client to provide acceptable documentation or evidence in support of an application
13.4. failure by the Client to provide required documentation or to take any required actions within the necessary time limits stipulated by Immigration New Zealand, or as identified in any communication from the Company verbally or sent to the Client's last advised postal or email address or fax number.
13.5. false, incomplete, inadequate or misleading information or documents provided by the Client or other party
13.6. failure of the Client or any person associated with an application to meet health, character or English language requirements of Immigration New Zealand
13.7. refusal by the Client to allow the Company to appeal to higher authority against any decision of Immigration New Zealand, where it is considered by the Company that reasonable grounds for appeal exist
13.8. any situation arising in consequence of the Client allowing a visa or permit to expire
13.9. any change in the personal circumstances of the Client from those prevailing at the time the application was lodged, to the extent that the application is declined or lapsed
13.10. withdrawal of the application, the breach of any term of this Agreement or cancellation of the appointment of the Company as detailed in this Agreement
14. MAXIMUM LIABILITY:
Without limiting any rights and remedies of the client under the Consumer Guarantees Act, in no event will the company's total liability under any claim of whatever nature arising directly or indirectly from the services supplied by the company to the client exceed the fees paid by the client for the specific services to which the relevant claim relates.
15. CONSUMER GUARANTEES ACT:
Where services are provided for commercial and not individual purposes, the Consumer Guarantees Act is deemed to not apply
16. RETENTION OF PROPERTY:
It is agreed by the client that letters, documents and business plans prepared for the client as part of the contracted services provided by the Company may be retained by the Company until the contracted fees have been paid by the client.
17. SOLE AGENCY:
17.1. The Client confirms that he/she is not currently using any other consultant or agent for the purposes covered by this agreement and agrees that no other will be used or appointed while this agreement is in force.
17.2. If the client has been using any other immigration consultant or agent, (s)he agrees to advise that other agent that their services are no longer required and absolves the Company from any responsibility to the other agent or consultant
17.3. The Client agrees to refrain from any direct contact with Immigration New Zealand (INZ) or other government agencies, other than as agreed in writing by the Company. (This clause is included for the protection of the applicant and recognises that government officials may only provide advice in isolation, in response to specific questions and as according to the wording of policy. As your agent, our responsibility is to ensure that your overall objectives are met. Also, statements made can be misinterpreted and well intentioned comments can easily jeopardise an application).
17.3.1. If the Client is contacted by Immigration New Zealand, any comments made are to be limited to direct answers to specific questions asked. Full notes of the conversation are to be made as soon as possible after the discussion and the Company is to be advised of the interview at the earliest possible opportunity
17.3.2. If the Client [or employer] is required by INZ to attend an interview, the Client has the right to have an adviser present at the interview
17.4. Should the Client appoint any other immigration agent, or approach or communicate directly with the NZIS or other government agencies, without the prior agreement of the Company, such action would, at the discretion of the Company, be considered termination of this agreement by the Client.
18. TERM OF AGREEMENT:
This Agreement will come into force when signed by the Client and will remain in force until
18.1. the Client's application is officially approved in principle or declined by Immigration New Zealand or;
18.2. Immigration New Zealand advise that they will not be issuing an invitation to apply for residence, and;
18.3. and all fees have been paid.
18.4. Alternatively this agreement may be terminated in writing by either party giving 30 days notice of intention to terminate.
19. TERMINATION:
19.1. In the event of termination of this Agreement by the Client, all fees payable by the client including costs incurred, and all service fees shall immediately become due. Once all outstanding fees and charges have been paid, any documentation of the client held by the Company will become available for collection by the Client or the Client's suitably authorised agent.
19.2. Termination by the Client is deemed to include, but is not limited to:
19.2.1. instruction by the Client to cease work on the application(s)
19.2.2. instruction by the Client to withdraw the application or to allow it to lapse by failure to meet immigration criteria
19.2.3. failure by the Client or other third party (eg. Proposed employer, relative or sponsor) to meet documentary requirements thereby making the application ineligible for the grant of a visa or permit
19.2.4. failure to meet permit conditions imposed by INZ. If the conditions of a permit are breached and Access Immigration is made aware of such breach, and no acceptable action is taken by the Client to remedy the breach;
19.2.4.1. S 2 of the IAA Code of Conduct requires that INZ be advised of the breach.
19.2.4.2. this agreement may, at the discretion of Terra Nova Consultancy Ltd be deemed to have been terminated by the Client
19.3. In the event of termination of this Agreement by the Company, all fees received shall be refunded to the Client, less any fees paid to any third party and reasonable expenses for services provided to the date of termination
20. ATTACHMENTS:
20.1. Refer Appendix A: Complaints Process
20.2. Refer Appendix B: Licenced Immigration Advisers Code of Conduct
20.3. Refer Appendix C: Payment options
21. LAW AND JURISDICTION:
This agreement shall be governed by New Zealand law and the parties hereby submit to the exclusive jurisdictions of the New Zealand courts.
22. DISCLOSURE:
The Immigration Advisers Authority (IAA) is required to review and assess samples of the adviser’s work. By accepting and signing this Service Agreement you authorise, pursuant to The Privacy Act 1993, the disclosure of information from your immigration file, as held by JPeter Hendrikx Licensed Immigration Adviser 200800214 from Terra Nova Consultancy Ltd. You understand this information will be provided to the IAA for the sole purpose of the intended assessment and such information will not be released or discussed with any other party.
23. ACCEPTANCE:
The above Terms and Conditions of this Agreement have been read and accepted by:
For the CLIENT: For Terra Nova Consultancy Ltd:
(Name in Full) ........................ Date: ............................. J Peter Hendrikx
Signature: ...................Place: ........................................ Signature: .............................. Date: ......
_________________________________________________________________________________________________________________________________________
Appendix A - Complaints Process
If you are unhappy with any aspect of the service or advice provided by Terra Nova Consultancy Ltd. we encourage you to:
1. talk with your Licenced Immigration Adviser in an endeavour to clearly identify the issue and to resolve the matter
2. if the matter is not resolved to your satisfaction phone, email or meet with the Managing Director who will review and assess the situation and decide if, or how, the matter can be resolved
3. if a resolution remains not possible you will be requested to put your complaint formally in writing to the Managing Director who will formally respond within 10 working days
4. If this response is not acceptable you can make a formal complaint to the Registrar of the Immigration Advisers Authority, PO Box 6222, Wellesley Street, Auckland, as follows:
Complaints against immigration advisers
(1) Any person may make a complaint to the Registrar concerning the provision of immigration advice by-
(a) a licensed immigration adviser; or
(b) a person who, not more than 2 years before the date of the complaint, was a licensed immigration adviser (a former licensed immigration adviser).
(2) The grounds for complaint may be any I or more of the following in relation to the immigration adviser or former licensed immigration adviser complained of:
(a) negligence:
(b) incompetence:
(c) incapacity:
(d) dishonest or misleading behaviour:
(e) a breach of the code of conduct.
(3) A complaint-
(a) must be made in writing; and
(b) must specify the ground or grounds that form the basis of the complaint; and
(c)must state whether or not the complainant has made attempts to resolve the complaint using the immigration adviser's (or former licensed immigration adviser's) own complaints procedure, and the outcome (if any) of that process; and
(d) must be accompanied by copies of any supporting documentation; and
(e) may not be made anonymously.
_________________________________________________________________________________________________________________________________________
Appendix B - Licensed Immigration Advisers Code of Conduct
1. Obligations to Clients
1.1 Care, Respect, Diligence and Professionalism
A licensed immigration adviser must, with due care, diligence, respect and professionalism:
a) perform his or her services; and
b) carry out the lawful informed instructions of clients; and
i) take reasonable steps to ensure clients’ interests are represented if the adviser cannot for any reason continue as a representative; and
d) work in a manner that does not unnecessarily increase costs; and
e) acknowledge the cultural norms and values of clients; and
f) facilitate the provision of interpreters and translators where appropriate; and
g) when requested, assist clients to access information about the Treaty of Waitangi and tikanga (Maori customs and traditions).
1.2 Confidentiality
A licensed immigration adviser:
a) must preserve the confidentiality of clients; and
b) must not disclose confidential information, other than for the purposes of the administration of the Immigration Advisers Licensing Act 2007, the promotion of the immigration interests of clients to Immigration New Zealand, as required by law, or otherwise without the client’s prior consent.
1.3 Document Security
A licensed immigration adviser must:
a) ensure any personal documents belonging to or relating to clients are held securely whilst in the adviser’s possession; and
b) return passports and other personal documents to clients, on request, without delay and in a secure manner.
1.4 Code of Conduct
A licensed immigration adviser must:
a) explain to and provide clients with a copy of the Licensed Immigration Advisers Code of Conduct before any agreement is entered into; and
b) display the Licensed Immigration Advisers Code of Conduct in a prominent place at the adviser’s place of business at all times.
1.5 Written Agreements
A licensed immigration adviser must ensure that:
a) before any agreement is entered into, clients are made aware, in writing and in plain language, of the terms of the agreement and all significant matters relating to it; and
b) agreements contain a full description of the services to be provided by the adviser; and
c) clients are advised that they are entitled to seek independent legal advice before entering into agreements; and
d) clients confirm in writing that they accept the terms of agreements; and
e) changes to the terms of agreements are recorded and agreed in writing.
1.6 Work Within Limits of Knowledge and Skills
A licensed immigration adviser must work within the scope of his or her individual knowledge and skills.
2. Obligations to the Minister of Immigration, the Department Handling Immigration Matters, the Immigration Advisers Authority and Immigration Tribunals
2.1 Legislation and Operating Requirements
A licensed immigration adviser must, at all times:
a) act in accordance with New Zealand laws and the laws of other jurisdictions if working and living offshore; and
b) act in accordance with immigration legislation, including the Immigration Act 1987 and regulations made under it, the Immigration Advisers Licensing Act 2007, and applicable international obligations; and
c) comply with the operating requirements of Immigration New Zealand; and
d) comply with the operating requirements of the Registrar of Immigration Advisers; and
e) meet the procedural and operating requirements for managing appeals and appearing before immigration tribunals; and
f) uphold the integrity of New Zealand’s immigration system and the Immigration Advisers Authority; and
g) maintain respectful and professional relationships; and
h) hold written authority from clients to act on their behalf; and
i) take all reasonable steps to submit applications in a timely manner to ensure that clients maintain lawful immigration status.
2.2 Vexatious Applications, Appeals, Requests and Claims
If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must:
a) encourage the client not to lodge it; and
b) advise the client in writing that, in the adviser’s opinion, it is vexatious or grossly unfounded; and
c) if the client still wishes to lodge it, seek written acknowledgement from the client that he or she has been advised not to.
3. Business Management
A licensed immigration adviser must maintain professional business practices relating to finances, records, documents, contracts and staff management, including:
a) confirming in writing to clients when applications have been lodged, with ongoing timely updates; and
b) confirming in writing to clients when work ceases part way through the immigration process on clients’ instructions or by the action of the adviser; and
c) obtaining agreement in writing to any material increase in costs as soon as the increase is known to the adviser; and
d) providing any refunds payable upon completing or ceasing a contract for services; and
e) maintaining complete client records that track all transactions for a period of 7 years and making those records available for inspection on request by the Authority; and
f) confirming in writing the details of material discussions with clients; and
g) maintaining correct and up to date business contact details.
f) confirming in writing the details of material discussions with clients; and
g) maintaining correct and up to date business contact details.
4. Client Funds
A licensed immigration adviser must:
a) establish and maintain a separate clients’ bank account for holding all clients’ funds paid in advance for fees and/or disbursements; and
b) withdraw funds held on behalf of clients only when payments for fees and/or disbursements fall due; and
c) use funds held on behalf of clients only for the purpose for which they were paid to the adviser.
5. Misrepresentation
5.1 Advisers
A licensed immigration adviser must not, in a false, fraudulent or deceptive manner, misrepresent or promote:
a) himself or herself; or
b) his or her business; or
c) his or her clients or the clients’ immigration opportunities; or
i) New Zealand’s immigration requirements.
5.2 Applications
A licensed immigration adviser must not knowingly provide false or misleading documentation with any application, appeal, request or claim, or conceal relevant information relating to any appeal, request, or claim.
6. Conflicts of Interest
A licensed immigration adviser, in relation to immigration matters, must not:
a) represent a client who has potentially conflicting interests with another client of the adviser; or
b) represent a client with whom he or she has a potential conflict of interest; or
c) enter into an arrangement with a client other than for the provision of immigration advice if the arrangement creates a potential conflict of interest; unless the client agrees in writing to representation or the arrangement subsequent to the adviser disclosing the potential conflict.
7. Disclosure
A licensed immigration adviser must disclose:
a) to clients - any financial and non-financial interests in goods or services recommended or supplied to clients;
b) to the Immigration Advisers Authority - any information that would have a material effect on the adviser’s licence;
c) to Immigration New Zealand - any relevant change in circumstances relating to the representation of clients or to clients’ immigration applications;
d) to immigration tribunals – any change in circumstances relating to the representation of clients or to the factual circumstances relating to a matter before a tribunal.
8. Fees
A licensed immigration adviser must:
a) set fees that are fair and reasonable in the circumstances; and
b) before commencing work incurring costs, set out the fees and disbursements (including Immigration New Zealand fees and charges) to be charged, including the hourly rate and the estimate of the time it will take to perform the services, or the fixed cost for the services; and
c) set out payment terms and conditions; and
d) ensure that fees, disbursements and payment terms and conditions are provided to clients in writing prior to the signing of any written agreement; and
e) each time a fee is payable, provide clients with an invoice containing a full description of the services that the invoice relates to.
9. Provision of Complaints Procedures
A licensed immigration adviser must:
a) develop and maintain internal procedures for the resolution of complaints; and
b) explain to and provide clients with a copy of the adviser’s internal complaints procedure before any agreement is entered into; and
c) explain to, and provide clients with, the details of the complaints and disciplinary procedures that are outlined in the Immigration Advisers Licensing Act 2007; and
d) where complaints have been received by the Registrar of Immigration Advisers, provide timely responses to requests by the Registrar, as required by the Registrar’s operating requirements.
10. Display of Licence
A licensed immigration adviser must:
a) display the adviser’s licence in a prominent place in the adviser’s place of business at all times; and
b) provide evidence of being licensed to clients on request.
_________________________________________________________________________________________________________________________________________
Appendix C - Payment options
1. By Mail
Detach the bottom part of the Invoice and mail your cheque to:
Terra Nova Consultancy Ltd
PO Box 58385 Botany
Manukau 2163
New Zealand
2. By Internet Transfer
Make a Bill Payment over the Internet by depositing the amount of the Invoice into one of the accounts below and as indicated on the Invoice under “Terms”:
a) TNC Cheque Account:
Terra Nova Consultancy Ltd
BNZ Bank of New Zealand
Account 020-772-0003359-00
Swift Code BK NZ NZ 22
b) TNC Client Funds Account:
Terra Nova Conusltancy Ltd
BNZ Bank of New Zealand
Account 020-772-0003359-25
Swift Code BK NZ NZ 22
3. In Person
Present the Invoice at our offices to make a payment in cash or by cheque. Sorry, EFTPOS and credit Card options are not available
________________________________________________________________________________________________________________________________________
By signing this document I confirm that I have read and understood the above Service Agreement with its Appendix A, B, C.
Full name applicant: .................. Signature: .................... Place:................... Date:........./.........../...........
| Next > |
|---|
