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TERMS OF ENGAGEMENT

McSweeney Immigration Australia Pty Ltd (trading as 'McSweeney Immigration')
Effective Date: 30/07/2025

1. Overview
1.1 These Terms of Engagement apply to all services provided to you by McSweeney Immigration unless otherwise agreed in writing. These terms form part of your agreement with us, together with any written engagement letter or fee disclosure.

1.2 Our services are provided in accordance with Australian law and the professional standards and obligations set out by the Office of the Migration Agents Registration Authority (OMARA) and the Australian Consumer Law. All immigration advice is provided by a MARA-registered agent (MARN 2217777).

2. Scope of Services
2.1 The nature and scope of services will be confirmed in your written engagement or consultation summary. Services may include visa eligibility assessments, application preparation, advice on compliance, appeal assistance, and related immigration support.

2.2 Where appropriate, some work may be delegated to trained support staff under the supervision of a registered migration agent.

3. Communications
3.1 We will communicate with you via email, phone, or messaging platforms unless otherwise requested. You are responsible for providing up-to-date contact details.

3.2 We will keep you reasonably informed of progress. You may request updates at any time.

3.3 We may occasionally send you newsletters or updates about immigration changes. You can opt out at any time.

4. Fees and Charges
4.1 Fee Structure: Fees will be outlined in our written quote or engagement letter. These may be fixed, hourly, or milestone-based.

4.2 Disbursements: You will be responsible for any third-party charges incurred on your behalf (e.g. document translation, courier, or health checks). These will be itemised in your invoice.

4.3 GST: All prices quoted are inclusive or exclusive of GST as stated. GST (currently 10%) will be charged where applicable.

4.4 Payment Terms: Invoices are payable within 14 days. Late payments may incur interest (up to 10% p.a. on overdue amounts).

4.5 Refunds: Refunds are not guaranteed once services have commenced, but we will consider reasonable requests based on the extent of work completed.

5. Confidentiality and Privacy
5.1 We take privacy seriously and comply with the Privacy Act 1988 (Cth). Your personal and sensitive information will be handled securely and used only for immigration-related services.

5.2 We will not disclose your information without consent, except where legally required or in connection with your matter (e.g. Home Affairs submissions).

5.3 You may request access to your personal information at any time. Contact: [Insert admin email].

5.4 Information will be stored securely for at least 7 years, after which it may be destroyed.

6. Identity Verification and Compliance
6.1 We are required to comply with identity verification requirements under Australian migration law and may request certified documents, identity records, or proof of funds.

6.2 We may refuse to act if documents appear misleading, incomplete, or in breach of Australian law.

7. Conflicts of Interest
7.1 We will not act in situations where a conflict of interest exists or arises during our engagement.

7.2 If a conflict becomes apparent, we will notify you immediately and may withdraw from your matter if necessary.

8. Limitation of Liability
8.1 We make every effort to provide accurate and up-to-date migration advice, but we cannot guarantee visa outcomes as decisions are made by the Department of Home Affairs or related authorities.

8.2 To the extent permitted by law, our liability is limited to the total amount paid by you for the service in question.

9. Termination of Engagement
9.1 You may terminate our services in writing at any time. Fees for work completed to that date will still apply.

9.2 We may terminate this engagement if:

  • You fail to provide required information or payment

  • A conflict of interest arises

  • You breach Australian law or these terms

10. Feedback and Complaints
10.1 If you have concerns about our service, we encourage you to contact us directly at info@mcsweeneyimmigration.com.au.

10.2 If your issue is unresolved, you may lodge a formal complaint with the Office of the Migration Agents Registration Authority (OMARA) via their website: https://www.mara.gov.au

11. Governing Law
11.1 These terms are governed by the laws of the Commonwealth of Australia and the state of Queensland. Any disputes shall be handled within these jurisdictions.

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