Terms & Condition
INTRODUCTION:
Welcome to F4MG Document Clearing Services LLC (F4MG), also known as F4 Migration Guru! The terms and conditions below outline the rules and regulations for using F4MG’s Website, www.f4-mg.com. By accessing this website, reading and understanding the terms and conditions, we are certain that you have agreed to accept the below terms and conditions of our company if you would like to use our services. Please refrain from proceeding ahead with our services if you do not agree to any/all the terms and conditions on this page. Please also note that these terms and conditions are subject to change/updated from time to time as and when needed and without prior notice. This document is an electronic record, and a computer system generates it; it does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, you consent to be bound by these terms and conditions.
Please read and understand these terms before using the website and its services. Your agreement to these terms shall operate as a binding agreement between you and F4MG with respect to the use of any F4MG services provided now or in the future. At any given time, F4MG has the right to terminate and/or deny access to the services provided and/or cease any kind of offerings to the clients upon breach of any of the below terms and conditions.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the terms and conditions for the purposes of the applicable services. Supplemental terms shall prevail over these terms and conditions in the event of a conflict with respect to the applicable services. F4MG may amend the terms and conditions relating to the services from time to time.
Amendments will be effective upon F4MG’s posting of such updated terms and conditions at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the services after such posting constitutes your consent to be bound by the terms and conditions, as amended.
INTERPRETATION:
The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements:
“accuracy” in relation to any representation or warranty made, any information or fact disclosed, reply to any inquiry or requisition, or any original or duplicate copy of any document delivered, by or on behalf of any person to any other person, means that such representation, warranty, information, fact or document:
is true, accurate, complete and up-to-date in all respects; and
is not rendered untrue, inaccurate, incorrect, incomplete, out-of-date, false, misleading or deceptive or likely to mislead or deceive in any respect by any other representation, warranty, information, fact or document;
“advance” in relation to any credit, includes the making or extension of that credit at any time and in any manner or by any means;
“agreement” includes any present or future agreement, contract, deed, security interest, guarantee or other legally enforceable arrangement, whether in writing or otherwise;
“assessment” includes assessment, investigation, appraisal, estimate, valuation, decision, determination, calculation, review, inquiry or report;
“authorised officer” in relation to any company for the purposes of any agreement at any time means any director, secretary, or person notified in that capacity by that company in or under any provision of that agreement to any party to that agreement, without withdrawal or cancellation of that notification as at that time;
“borrowing” in relation to any credit, includes the borrowing of or raising money or incurring financial liability under or in relation to that credit in any manner or by any means;
“business capacity” in relation to any performance of any business activity by any person, means the performance of that business activity by that person, whether directly or indirectly, or through any interposed entity or person:
as a principal or on its own account;
in partnership, joint venture or association with any other person;
as an agent for any other person;
as a secured party or holder of any guarantee in relation to, or person making any credit advance to, any other person;
as a trustee of or beneficiary or unitholder under any trust; or
as a director or other agent or shareholder in any company;
“business day” means any day on which trading banks generally are open for business in the place of receipt of any written notice, payment of any moneys or performance of any liability by any party contemplated or required under any agreement, excluding a Saturday, Sunday or public holiday in that place;
“claim” includes any claim, demand, request, requisition, notice, direction or allegation;
“client” includes customer, signed client, any agents including but not limited to sales agents, outsourcing sales agents, franchises and/or any type of agents/subscribers that will be introduced in the future, contact, buyer or purchaser, or any employee or agent of any client within any previous meaning;
“company” includes Immigration Business Alliance, trading as IBA Partner (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’), its related body corporate, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, association, society, organisation or entity;
“confidential information” in relation to any person, means information which at any time is in the knowledge, possession or control of that person, or any related entity, associate entity, employee or agent of that person, relating to the business, assets, operations or affairs of that person, or any related entity or associate entity of that person, which is confidential by its nature or which is or has been marked or otherwise specified by any means as being confidential, including information relating to:
corporate or business development and expansion plan or strategy;
corporate or business structure;
financial, taxation, and accounting matters;
any relationship or arrangement with any agent;
inventions, discoveries, trade secrets, knowhow, technology, techniques, processes, systems, information, data, formulae, ideas or concepts, whether or not reduced to material form, drawings, specifications, designs, plans, diagrams, models, and scientific, technical and product information;
source and object codes;
business, financial and marketing plans, forecasts and projections;
customer information, customer lists and customer information proprietary to customers;
agreements and arrangements with third parties, whether legally enforceable or otherwise; and
computer software and set-up, configuration and data files of computer software;
“commencement date” means the date of acceptance of the Terms and Condition by the customer, client, and/or agent;
“consent” includes any consent, approval, permit, licence, authorisation, resolution, release, registration, filing, lodgement, notification or expiry of any period without any relevant objection, prohibition or restriction, by any person necessary or desirable:
for the execution, performance, validity, enforceability, priority effectiveness or transfer; or
to prevent default, invalidation or a prejudicial effect,
of, under or in relation to any present of future agreement, document, action, activity or asset;
“contractual consent” means any consent, notice, certificate or transfer from or by any lessor, licensor, bank, financial institution, insurer, secured party or other contracting party;
“control” in relation to any person, includes the legal or practical ability of any other person to control the outcome of any decision of that person or entity, whether alone or in combination with others, direct or indirect, whether under any legally enforceable arrangement or otherwise, and whether or not control is subject to any condition or restraint;
“corporate consent” means any corporate or other consent of, from or by any company, or its directors or shareholders, including any resolution or minutes or extracts from minutes, of any meeting, written resolution, or power of attorney;
“cost” includes any cost, charge, expense, disbursement, fee, commission, outgoing, premium, tax, levy, fine, penalty or loss incurred at any time, whether directly or indirectly;
“credit” includes any present or future loan, advance, credit facility or other financial accommodation;
“customer” includes customer, client, contact, buyer or purchaser, or any employee or agent of any customer within any previous meaning;
“debt arrangement” in relation to any person, means any compromise, composition, moratorium, scheme of arrangement or reconstruction, suspension of any payment or right, restriction on any right or enforcement of any right, property transfer for the benefit of creditors, management, administration, voluntary administration, company arrangement or deed of company arrangement agreed or effected by or in connection with that person, or any creditor, asset, debt or other liability of that person;
“decision” includes any decision, vote, resolution, determination, discretion, opinion, assessment, appraisal, computation, calculation, valuation, certificate, certification or notice;
“default” includes:
any default, breach, non-performance, non-compliance with or repudiation;
any fraud, breach of duty, or other prejudicial action, neglect, delay or omission; or
the occurrence of any fact which in itself, or which with the giving of notice, expiry of time or fulfilment of any condition, whether or not within the control of any person, would constitute any default within any previous meaning, or create any acceleration of liability, termination, cancellation, prepayment or similar event;
“disclosure” in relation to any document or information by any person to any other person, means delivery of that document or disclosure of that information by or on behalf of that person, or any employee or authorised agent of that person, to that other person, or any employee or authorised agent of that other person;
“dollar” or “$” means the client contract value and the add on fees is in USD and the Authority and/or Government fees is in the lawful currency of its own country(s) at the time;
“entity” includes any company, trust, fund, partnership, society, association or other incorporated or unincorporated body or trustee of any trust in that capacity for the beneficiaries of the trust;
“equipment” includes fixtures, fittings, furniture, plant, machinery, appliances, equipment, telecommunications equipment, computer or electronic hardware, software, tape or disk, cabling, printing plate, motor vehicles, and any spare parts and accessories for any equipment within any previous meaning, whether fixed, moveable or detachable;
“fact” includes any fact, matter, thing, event, circumstance, cause, consequence, action or omission, and the occurrence or existence of, or any change in, any fact within any previous meaning;
“financial liability” means any liability in relation to:
moneys borrowed or raised;
any financial accommodation of any nature or description;
“force majeure event” in relation to any person, means any fact beyond the reasonable control of that person which prevents, hinders or delays that person from or in the performance of any liability of that person under any agreement, including:
any act of God, peril of the sea or unavoidable accident of navigation;
war or hostilities, whether declared or undeclared, terrorist action, sabotage, riot, insurrection, civil commotion, malicious damage or national, federal, state, district or local emergency, whether factual or legal;
fire, flood, storm, cyclone, lightning strike, earthquake or landslide;
explosion, epidemic, quarantine, radiation, riots, civil war or radioactive contamination;
failure, breakdown or shortage of any power, water, communications or other supplies or services from any public utility or supply of fuel, labour or material; and
any governmental requisition or illegality due to change of law,
but excluding any fact resulting from any action, or omission, of default of that person, or any employee or agent of that person;
“F4MG” is F4MG Document Clearing Services LLC, HQ in Dubai UAE, also known as the Global Master Franchise.
“governmental agency” means any governmental, semi-governmental, administrative, fiscal, municipal, local, judicial or regulatory agency, department, instrumentality, body, utility, authority, commission, court or tribunal;
“governmental consent” means any consent from, by or with any governmental agency;
“governmental requisition” means any consent, requirement, claim, notice, requisition, order, direction, action, appropriation, restraint, restriction, prohibition, intervention or law of, required by or from, or made, imposed or issued by any governmental agency at any time;
“guarantee” includes any present or future guarantee, indemnity, letter of credit, suretyship arrangement, irrevocable offer, put option or similar liability;
“inquiry” includes inquiry, requisition, inspection, investigation, review or audit;
“insolvency event” in relation to any person, means the fact of that person:
being, or stating that that person is, an insolvent under administration or insolvent, within the meaning of the UAE Corporations Act and Federal decree law No 51 of 2023.
being in liquidation;
having any asset in the possession or control of any secured party resulting from any default by that person;
being taken to have failed to comply with any statutory demand, within the meaning of UAE Corporations Act and Federal decree law No 51 of 2023
being subject to or affected by any fact specified in section UAE Corporations Act and Federal decree law No 51 of 2023 being, or stating that that person is, unable to pay all the debts of that person as and when they become due and payable; or
being subject to or affected by any fact factually similar to or analogous with any previous item under the law of any country or jurisdiction;
F4MG goes into liquidation or is made bankrupt or, takes an assignment for the benefit of or enters into an arrangement or composition with its creditors or stops payment of its debts
“intellectual property” in relation to any person, means any intellectual, industrial or commercial property, right or interest of that person, whether within or outside Australian, including:
any logo , patent, trademark, industrial patent , service mark or design;
any copyright, including any future copyright or analogous or similar right;
any utility model, eligible layout right or plant variety right;
any business, trade or commercial name or designation, brand name, domain name, logo, symbol, source indication or origin appellation;
any confidential information;
any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise, including any works or subject-matter other than works;
any division or extension of, or analogous right to, any previous item;
any legal action relating to any previous item;
any exclusive or non-exclusive licence, licence agreement or other right to use or grant the user of, or to become the registered proprietor or user of, any previous item;
any application for registration, right to apply for or maintain any registration or other right arising under any legal action in relation to any previous item; and
any document of title, letters patent, deed of grant or other document or agreement relating to any previous item,
whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description;
“interpretational rules”: Rules of interpretation apply to the Agreement as specified in this provision, unless the context otherwise requires:
(headings): headings and subheadings are for convenience only and do not affect interpretation;
(plurality): words denoting the singular number include the plural, and the converse also applies;
(gender): words denoting any gender include all genders;
(variants): a defined word or expression has corresponding effect in relation to its other grammatical forms;
(parties): any reference to a party to any agreement or document includes its executors, administrators, legal personal representatives, successors and permitted assigns and substitutes by way of assignment or novation;
(amendments): any reference to any agreement or document includes that agreement or document as amended, ratified, supplemented, novated or replaced at any time;
(provisions): any reference to a provision, comprising a clause, schedule, annexure, exhibit or attachment, is a reference to a provision of the Agreement, including each clause, subclause, paragraph and subparagraph of that provision, and any reference to the Agreement includes all provisions of the Agreement;
(legislation): any reference to any legislation includes a reference to that legislation as amended, re-enacted, consolidated or replaced at any time;
(inclusions): the words “include”, “including”, “for example”, and similar expressions are used without limitation;
(components): any reference to any whole or collective item includes any part of that item;
(time): the expression “at any time” includes reference to past, present, and future time and the performance of any action from time to time and any liability at all times during any specified period; and
(liability): any liability, representation or warranty undertaken by, or right conferred on, 2 or more persons binds or benefits all of those persons jointly and each of them severally.
“invalidity” includes invalidity, nullity, voidability, avoidance, setting aside, unenforceability, illegality, recoverability, suspension or failure, whether total or partial, or liability to invalidity or invalidation within any previous meaning;
“inventory” includes any stock, stock-in-trade, work-in-progress, finished product, spare parts, raw or worked materials, whether before or after any other work or fabrication, component parts, stock or materials in transit, undelivered stock or materials, and indirect materials used generally in any manufacturing, fabrication or construction and not forming part of any finished product, owned, held, manufactured, fabricated, constructed, purchased or ordered by any person for the purpose of or in relation to any business activity performed by the person;
“judicial order” means any judgement, order, decree, declaration, ruling, award, or determination of any court or tribunal of competent jurisdiction, arbitrator, mediator or expert binding on any person or assets of that person;
“law” means any legislation, rule of the general law, including common law, equity and bankruptcy, judicial order or consent or requisition from, by or with any governmental agency;
“legal action” means any claim, legal action, application, proceeding, suit, dispute or litigation initiated in or by any governmental agency, arbitration, mediation or dispute resolution process, whether actual, current, anticipated, threatened or potential;
“legislation” including as applicable any reference to the specific name of any legislation, means:
any statute, enactment, ordinance, code or other legislation;
any order, regulation, rule, by-law, proclamation, or statutory instrument made or issued under that legislation;
any section or provision of that legislation within any previous meaning; and
any amendment, modification, consolidation, re-enactment or replacement of, or substitution for, any legislation within any previous meaning at any time;
“liability” includes any liability, debt, indebtedness, damages, compensation, duty or obligation, whether statutory, legal or equitable, present of future, actual, contingent or prospective, primary, secondary or vicarious, and whether alone, severally, jointly or jointly and severally;
“liquidation” includes receivership, debt arrangement, merger, amalgamation, reconstruction, winding up, dissolution, bankruptcy, death or administration under any law relating to individual health or welfare;
“loss” includes any loss, cost, liability, damage, destruction, injury or accident, whether direct or indirect, actual or potential;
“marketable security” means the shares issued by joint stock companies; Derivatives and investment units approved by the SCA; Bonds, Sukuk and bills issued by the Federal Government, local governments or public authorities or institutions in the State; Bonds, Sukuk and any debt instruments issued by companies in accordance with the regulations to be issued by the SCA; and Any other local or foreign securities acceptable to the Central Bank and the SCA.
“materials” includes any report, correspondence, form, list, article, document, artwork, film, design or training, promotional or marketing material, aid or tool;
“month” means calendar month;
“Party” or “Parties” can be defined as a person or group that is involved in a contract or agreement. It includes:
customer, signed client, any agents including but not limited to sales agents, outsourcing sales agents, franchises and/or any type of agents/subscribers that will be introduced in the future, contact, buyer or purchaser, or any employee or agent of any client within any previous meaning;
Immigration Business Alliance, trading as IBA Partner (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’), its related body corporate, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, association, society, organisation or entity;
F4MG Document Clearing Services LLC, HQ in Dubai UAE, also known as the Master Franchise;
“person” includes any natural person, company, trust, entity, or governmental agency;
“property” includes any money, goods, thing in action, right, land, business undertaking, intangible asset, intellectual property and any other real or personal property of any nature or description, whether present or future, tangible or intangible, vested or contingent and any legal, equitable or statutory right, title, estate, interest, income, revenue or benefit in, under or derived from or incidental to that property;
“public utility” includes any supplier of communications, telecommunications, drainage, electricity, gas, sewerage, water, transportation, or any similar supplies or services, whether or not that supplier is a governmental agency;
“purchaser” includes any purchaser, transferee, lessee or secured party;
“related entity” includes a company, body corporate, trust, or person and in relation to:
a company or body corporate, means a related body corporate within the meaning of the federal decree law No (32) of 2021 on commercial companies.
a trust, means a trust that would be a related body corporate within that meaning assuming that the trust were a body corporate and that a subsidiary meant a subsidiary for the purposes of that meaning; and
any person, means any other person having control over that person, or other person under the control of that person;
“report” includes report, review, audit, assessment, advice, opinion, inquiry, inspection, investigation, valuation or survey;
“right” includes any right, equity, interest, entitlement, benefit, option, power or remedy;
“secured party” means any person holding or entitled to any security interest, or any right under any security interest;
“security interest” means any security interest in connection with any asset which in substance, whether or not in form, is a security for the payment or performance of any liability, including:
any security interest within the meaning of, and as defined in, the UAE applicale laws. Personal Property Securities Act 2009;
any mortgage, charge, pledge, lien, trust or power created or conferred in relation to any asset;
any title retention interest or other legal or equitable proprietary title or interest retained or reserved in any asset, including any credit or conditional sale agreement, hire purchase agreement, finance lease or bailment; or
any other right conferred on, or agreement with, any creditor to be paid in priority or preference to other creditors by recourse to any asset or its proceeds;
“subsidiary” in relation to:
a body corporate, means a subsidiary within the meaning of UAE commercial companies Law.
a trust, means a trust that would be a subsidiary within that meaning if it were a company equating for this purpose:
- shares with the beneficial interests or units held in the trust; and
- the board of directors with the trustee; and
- a body corporate or sub trust owned or held as an asset of a trust, means a subsidiary within any previous meaning which would be applicable if the trust were a body corporate;
“supplier” in relation to the delivery of any goods or provision or performance of any services, means any supplier, manufacturer, wholesaler, retailer, distributor, repairer or any other person performing any business activity connected with that delivery, provision or performance.
“tax” includes any tax, duty, charge or rate imposed or assessed under any legislation or by any governmental agency, together with any associated interest, penalty, fine, fee or other charge;
“termination” in relation to any right, consent, agreement or document, includes any termination, rescission, cancellation, discharge, determination, release, avoidance, setting aside, invalidity, invalidation, surrender, repudiation, disclaimer, abandonment, forfeiture, loss, writing off, redemption, forgoing, expiry, extinguishment, repeal, discontinuance, revocation or withholding of that right, consent, agreement or document, or any acceptance of any termination within any previous meaning;
“termination date” means the later of:
the Initial Termination Date; and
any subsequent date of termination of the Agreement as extended under clause 2.4 (Supply Period Extension);
“transfer” in relation to any asset, includes any conveyance, transfer, assignment, assurance, factoring, discounting, bailment, delivery of possession, payment, sale, purchase, vesting, realisation, exchange or disposal of, or dealing with, that asset;
“validity” in relation to any agreement, document, right or consent, includes the validity, subsistence, enforceability, legality, recoverability, propriety, regularity, and maintenance in full force and effect of that agreement, document, right or consent;
“waiver” includes waiver, indulgence, forbearance, or extension of time;
“warranty period” means the period of 90 days commencing on the date of this Terms and Conditions;
“writing” means any method or means of communication or reproduction of words in a tangible and permanently visible form, including facsimile transmission.
AMENDMENT:
F4MG may at any time at its sole discretion modify the Agreement from time to time, and any such changes will: (i) be reflected on the Website; (ii) not apply retroactively; and (iii) not apply to any disputes arising prior to the effective date of such change. The Client agrees to be bound to any such changes and understands the importance of regularly reviewing the Agreement as updated on the Website. Notwithstanding anything to the contrary herein, F4MG reserves the right to change, alter, or modify any part of this terms and conditions at any time and from time to time, with or without notice. The Client agrees that F4MG shall have no liability to the Client or any third party for any change, alteration, modification, suspension, discontinuance, or amendment of F4MG’s Website.
COOKIES:
F4MG employ the use of cookies. By accessing this website, the Client agrees to the use of cookies in agreement with F4MG’s Privacy Policy. Most interactive websites use cookies to retrieve Client details for each visit. Cookies are used on F4MG’s website to enhance the functionality of certain areas, making it more convenient for website visitors. Additionally, some of F4MG’s affiliate and advertising partners may also utilise cookies. By using the website, the Client signifies their acceptance of the terms and conditions.
BASIC RECITALS:
F4MG maintains the Website. F4MG accepts payment by Visa or Mastercard debit and credit cards for their services. It will not trade with or provide any services to OFAC and sanctioned countries. Cardholders must retain a copy of transaction records and F4MG’s policies and rules. The Client is responsible for maintaining the confidentiality of their accounts. The Client using the website who are Minor /under the age of 18 shall not register as a Client of the website and shall not transact on or use the website.
LICENSE:
Unless otherwise stated, F4MG and/or its licensors own the intellectual property rights for all material on F4MG’s platform. All intellectual property rights are reserved. The Client may access this from F4MG for their own personal use, subject to restrictions set forth in the terms and conditions.
CLIENT MUST NOT:
The Client agrees not to republish, sell, rent, or sub-license, reproduce, duplicate or copy material, and not to redistribute any content from F4MG’s website. The Agreement shall commence on the date hereof. Certain sections of the website offer and allow clients to post and exchange opinions and information in certain areas of the website. F4MG does not filter, edit, publish, or review comments prior to their presence on the website. Comments posted on the website do not necessarily reflect the views and opinions of F4MG, its agents and/or affiliates. Instead, they reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, F4MG shall not be liable for the comments, or any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website. F4MG reserves the right to monitor all comments and to remove any comments that can be considered inappropriate, offensive, or in violation of these terms and conditions.
WARRANT AND REPRESENT:
Clients affirm that they are entitled to post the comments on F4MG website and have all necessary licenses and consents to do so. Additionally, Clients declare that the comments do not infringe any intellectual property rights, including but not limited to copyright, patent, or trademark of any third-party. Furthermore, the comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material that would constitute an invasion of privacy. Clients also agree that the comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activities. Clients hereby grant F4MG a non-exclusive license to use, reproduce, edit, and authorise others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.
HYPERLINKING TO CONTENT:
The following organisations may link to F4MG’s website without prior written approval:
- Government agencies, search engines, news organisations, and online directory distributors may link to F4MG’s website in the same manner as they hyperlink to the websites of other listed businesses and system-wide accredited businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups, which may not hyperlink to the website. These organisations may link to F4MG’s homepage for publications or other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
F4MG may consider and approve other link requests from the following types of organisations:
- Commonly known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law, and consulting firms; and educational institutions and trade associations. F4MG will approve link requests from these organisations if it decides that: (a) the link would not make F4MG look unfavourably to itself or to its accredited businesses; (b) the organisation does not have any negative records with F4MG; (c) the benefit to F4MG from the visibility of the hyperlink compensates the absence of the company; and (d) the link is in the context of general resource information. These organisations may link to our homepage so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to F4MG’s website, you must inform by sending an e-mail to F4MG. Please include your name, your organisation name, contact information, the URL of your website, a list of any URLs from which you intend to link to the website, and a list of the URLs on the website to which you would like to link. Wait 2-3 weeks for a response.
Approved organisations may hyperlink to our website as follows:
By the use of F4MG’s corporate name, or by the use of the uniform resource locator being linked to; or by the use of any other description of F4MG’s website being linked to that makes sense within the context and format of content on the linking party’s website. No use of F4MG’s logo or other artwork will be allowed for linking absent a trademark license agreement.
IFRAMES:
Without prior approval and written permission, Clients may not create frames around F4MG’s web pages that alter in any way the visual presentation or appearance of the website.
CONTENT LIABILITY:
F4MG shall not be held responsible for any content that appears on the Client’s website. The Client agrees to protect and defend F4MG against all claims arising on the Client’s website. No link(s) should appear on any website that may be interpreted as libellous, obscene, or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
RESTRICTIONS:
Clients will not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the services, except as expressly permitted by F4MG; (iii) decompile, reverse engineer, or disassemble the services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or (vi) attempt to gain unauthorised access to or impair any aspect of the services or its related systems or networks; or access F4MG’s website, services(s) and/or content in order to: (a) design or build a competitive product or service; (b) design or build a product using similar ideas, features, functions or graphics of the application device(s) and/or content; or (c) copy any ideas, features, functions or graphics of the application device(s) and/or contents.
RESERVATION OF RIGHTS:
F4MG reserves the right to request that Clients to remove all or any particular link to its website. Clients must approve of removing all links to F4MG’s website upon request immediately. F4MG also reserves the right to amend these terms and conditions and its linking policy at any time. By continuously linking to the website, Clients agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS FROM THE WEBSITE:
If the Client finds any offensive links on F4MG website, they are free to contact and inform F4MG anytime. F4MG will consider the requests to remove links but is not obligated to do so or to respond to them directly. F4MG does not ensure that the information on this website is correct; it does not warrant its completeness or accuracy, nor does it promise to ensure that the website remains available or that the material on the website is kept up to date.
DISCLAIMER:
To the maximum extent permitted by applicable law, F4MG excludes all representations, warranties, and conditions relating to its website and the use of the website. Nothing in this disclaimer will:
Limit or exclude F4MG or the Client’s liability for death or personal injury; limit or exclude F4MG or the Client’s liability for fraud or fraudulent misrepresentation; limit any of F4MG or the Client liabilities in any way that is not permitted under applicable law; or exclude any of F4MG or the Client liabilities that may not be excluded under the applicable law. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph and (b) govern all liabilities arising under the disclaimer, including liabilities arising in the Agreement, in tort and for breach of statutory duty.
EXCLUSIVITY:
Client agrees and undertakes that during the term of the Agreement, they shall not enter into any arrangement similar to the arrangement or is of subject matter as contemplated under the Agreement with any entity, individual or corporate body engaged in this and/or similar business. F4MG can assign this Agreement to an entity controlling, controlled by, or under common control with that Party (each being an “Affiliate”). Neither Party’s failure to enforce the other Party’s strict performance of any provision of this Agreement will constitute a waiver of the first Party’s right to subsequently enforce such provision or any other provision of this Agreement. In the event of any discrepancy between the contractual documents, the order of precedence is the following, except that specific portions of a lower-ranking document may supersede specified portions of a higher-ranking document expressly noted: (i) the Agreement, (ii) Schedule of Fees. The Parties are independent contracting parties. Nothing in this Agreement will be construed to create a partnership, joint venture, personnel leasing or any other relationship between the Parties.
FORCE MAJEURE:
A Party shall not be obliged to perform any of its obligations herein if it is prevented from doing so by a force majeure situation. “Force majeure” events shall include events beyond the reasonable control of the Parties, including acts of God, acts of government, acts of nature, strikes or riots, pandemics, epidemics (including any event that occurs directly or indirectly as a result of the COVID-19 pandemic), or act of war, but does not include any event which the Party affected could have avoided or overcome by exercising a standard of reasonable care at a reasonable cost; or any event due to a lack of funds for any reason or any inability to pay any fees. If a force majeure situation lasts more than thirty (30) days, either Party may terminate the agreement upon written notice to the other Party.
EXPRESS RELEASE:
Clients expressly hereby release and waive all claims against F4MG and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to the use of the F4MG’s Website. Clients understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and accept and assume the risk of such possible differences in fact. In addition, Clients expressly waive and relinquish any and all rights and benefits which may have under any other state or federal statute or common law principle of similar effect to the fullest extent permitted by law.
The Client will use the services provided by F4MG’s Platform, its affiliates, and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Platform. The services offered through F4MG’s Platform are subject to the respective Service Provider’s terms and conditions. F4MG will not be liable for any claims or refunds related to these services. The Client is deemed to have engaged in the services of F4MG, and hence the Client confirms that he/she/they agree to the terms and conditions as per both F4MG and the Service Providers website –
FBP International: https://fbpintl.com/terms-conditions/
Qualifications Australia: https://qualificationsau.com/terms-and-conditions
Australian Immigration Experts: https://australianimmigrationexperts.com/terms-conditions/
Future Forward: https://thefuturefwd.com/terms-conditions/
EVisa Australia: https://evisaaustralia.com.au/terms-and-conditions/
The Client accesses the services available on the website and transacts at their sole risk. They use their best and prudent judgment before entering into any dealings through this Platform.
It is possible that the other Clients (including unauthorised/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that the Client may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about the Client due to their use of the Platform, and the recipient may use such information to harass or injure them. F4MG does not approve of such unauthorised uses, but by using the Platform, the Client acknowledges and agrees that F4MG is not responsible for using any personal information that the Client publicly discloses or shares with others on the Platform. Please carefully select the type of information that is publicly disclosed or shared with others on the Platform.
The Agreement represents the entire agreement among the Parties regarding the subject matter hereof and the Parties’ respective obligations and commitments herein. No other documents or oral or written agreements among the Parties reflect in any way on the agreements laid out in this Agreement. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.
F4MG may communicate with the Client through emails, newsletters, and/or service announcements. The Client cannot opt out of receiving service announcements and administrative messages.
F4MG is Qualifications Australia’s exclusive partner. The Client agrees not to display or use the Qualifications Australia trademark in any manner without prior permission.
The Client acknowledges that acquiring a Qualification does not guarantee success in the migration process for any country because other factors are also considered by migration authorities. Any decision from any government body regarding migration is beyond the control or influence of F4MG.
All recurring payments will be made via a third-party payment gateway unless otherwise agreed by F4MG. The Client gives consent to automatically deduct the instalments as specified in the Schedule of Fees via the payment method on file without additional prior notice or approval.
All sums payable under the Agreement are exclusive of taxes, for which the Client shall be responsible.
The Parties acknowledge the full legal force and validity of documents executed by a Party using electronic signatures under the DocuSign system and such other electronic signature systems as the Parties may agree in writing.
The Client agrees not to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, or international law.
CLIENT TERMS & CONDITIONS:
COMPANY OBLIGATIONS: | التزامات الشركة: | ||||||||||||||||
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1. Upon full and clear instructions from the Client, the Company undertakes to provide documentation consultancy advice and documentation assistance on how the Client can best comply with the documentation requirements to apply for a valid and complete visa application for the relevant country. | 1-تتعهد الشركة وبناء على تعليمات العميل الكاملة والواضحة بتقديم نصيحة استشارة مستندات والمساعدة في المستندات الخاصة بكيفية تمكن العميل من الالتزام بالمستندات المطلوبة للتقديم على طلب تأشيرة كامل وصحيحة للدول ذات الصلة. | ||||||||||||||||
CLIENT OBLIGATIONS: | التزامات العميل : | ||||||||||||||||
2. All information and documents provided to the Company shall be true, valid and legal and correct in all respects. Bogus, false or misleading information or documents, including documents of identity, is a criminal offence and can result in visa and review application being refused; and any visas granted on the basis of those documents or information being cancelled. In the event of any information and/or documents are subsequently found to be otherwise, the Company is not responsible against any liabilities, consequences or actions whatsoever. | 2- تكون كافة المعلومات والمستندات المقدمة للشركة أصلية وسارية وقانونية وصحيحة من كافة النواحي. وتكون المعلومات أو المستندات الوهمية أو المزيفة أو المُضللة بما في ذلك مستندات الهوية عبارة عن جريمة جنائية وتؤدى الي رفض مراجعة الطلب أو التأشيرة وتكون أية تأشيرات ممنوحة بناء على تلك المستندات ـأو المعلومات لاغية. في حالة وجود أي معلومات و / أو مستندات فيما بعد غير ذلك، فإن الشركة غير مسؤولة عن أي التزامات أو تبعات أو إجراءات من أي نوع ؛ | ||||||||||||||||
3. The Client shall notify the Company of any change in address, contact details or if there is any change in the Client’s circumstances, which may affect the application, within 3 (three) days of the change. | 3- يبلغ العميل الشركة بأي تغيير في العنوان وبيانات الاتصال أو في حالة وجود أي تغيير في ظروف العميل من شأنها أن تؤثر على الطلب في غضون 3 (ثلاثة) أيام من حدوث التغيير. | ||||||||||||||||
4. The Client shall not sell property, leave employment or finalize business or personal matters until written advice or approval has been received from the respective Government department. | 4- لا يجوز للعميل بيع ممتلكات أو ترك الوظيفة أو إنهاء أعماله أو أموره الشخصية حتى يستلم استشارة أو موافقة كتابية من الدائرة الحكومية المعنيه. | ||||||||||||||||
5. The Client agrees to submit his/her documents to the Company within 20 (twenty) working days after receiving the documentation checklist. If delayed, the Company will not be responsible for any retrospective changes in the laws, policies, procedures and regulations that may adversely affect the Client’s application. In the event of any such changes, at any given point of time, from any of the relevant authorities, the Client then agrees to pay the appropriate fee to the relevant authorities and any related disbursements to the Company including but not limited to any and all add-on services as per actuals; | 5- يوافق العميل على تقديم مستنداته / مستنداتها للشركة في غضون (20) عشرين يوما عقب استلام قائمة المستندات المرجعية. وفي حالة تأجيل تقديمها لن تكون الشركة مسئولة عن أيه تغييرات مرجعية في القوانين والسياسات والإجراءات واللوائح من شأنها أن تؤثر سلبا على طلب العميل. وفي حالة حدوث تلك التغييرات في أي وقت من أي من السلطات المعنية وأي مدفوعات مرتبطة بالشركة على سبيل المثال لا الحصر أي وكافة الخدمات حسب القيم الفعلية. | ||||||||||||||||
6. In completing the Client Information Questionnaire, the Client is required to answer all questions accurately and completely- where the Client Information Questionnaire is returned to the Company with missing information the Company will return it to the Client for amendment; | 6- عند ملئ استمارة المعلومات يتطلب من العميل الإجابة على كافة الأسئلة بدقة وبشكل كامل وفي حالة إرجاع استمارة بيانات العميل الي الشركة بسبب بيانات ناقصة فستقوم الشركة بإرجاعها للعميل للتعديل. | ||||||||||||||||
7. Acceptable documentation formats:
| 7- الصيغة المقبولة للمستندات
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8. The Client is required to provide colour scans of original documentation. The Client shall ensure that copies of documentation is accepted by the Company; | 8- مطلوب من العميل تقديم نسخة ملونة بالمساح الضوئي من المستندات الأصلية. ويضمن العميل أن نسخ المستندات مقبولة بواسطة الشركة. | ||||||||||||||||
9. The maximum size of a file must not exceed 3MB; | 9– لا يتجاوز الحد الأقصى لحجم الملف 3 ميجابايت | ||||||||||||||||
10. The Client provides consent to use and publish their name and the photograph(s) and/or video(s) (which may contain their image) in any of its publications and materials (including written, electronic or multimedia materials) for distribution anywhere in the world, for educational, promotional or reporting purposes. The Client also acknowledges that they are not entitled to any remuneration, royalties or any other payment in respect of the use of the photograph(s) and/or video(s); | 10- يقدم العميل الموافقة على استخدام ونشر أسمائهم وصورهم و / أو مقطع (مقاطع) فيديو خاصة بهم (والتي قد تحتوي على صورهم) في أي من منشوراتهم و موادهم (بما في ذلك المواد الكتابية والالكترونية والوسائط المتعددة) لتوزيعها في أي مكان في العالم للترويج التعليمي أو أغراض الإبلاغ. كما يقر العميل بأنه ليس له الحق في أية أجور أو عائدات أو أية مدفوعات أخرى فيما يتعلق باستخدام صورتهم (صورهم) و / أو الفيديو (الفيديوهات) الخاصة بهم. | ||||||||||||||||
11. The Client is required to track the status of their application through their Online Client Portal and to check the inbox of their registered email address on a regular basis for any communication sent by the Company. | 11- مطلوب من العميل تتبع حالة طلباتهم من خلال بوابة العميل الالكترونية للتحقق من الرسائل الواردة على عنوان بريدهم الالكتروني من أجل أية مراسلات مرسلة من الشركة. | ||||||||||||||||
PROCESSING OF CLIENT’S APPLICATION: | تجهيز طلب العميل | ||||||||||||||||
12. The final decision on any application submitted to the relevant authority lies solely with that authority and is beyond the control or influence of the Company; | 12- يقع القرار النهائي الصادر في الطلب المقدم للسلطات المختصة على عاتق تلك السلطة وحدها ويكون خارج سيطرة أو نفوذ الشركة. | ||||||||||||||||
13. In the event that an application is rejected (includes but is not limited to skills assessment application, state/territory government application and visa application) and if the Client instructs the Company to proceed with a re-assessment and/or appeal, the Client agrees to pay the appropriate fees to the relevant authority and any related disbursements to the Company for the additional documentation collection services including but not limited to any and all add-on services as per actuals; | 13- في حالة رفض الطلب (على سبيل المثال لا الحصر بسبب طلب حكومة الدولة /الإقليم تقييم المهارات وطلب التأشيرة) وفي حالة أصدر العميل تعليمات للشركة في متابعة إعادة التقييم و / أو استئنافه فيوافق العميل على سداد الرسوم المناسبة للسلطات المختصة وأية مدفوعات مرتبطة بذلك للشركة لخدمات جمع المستندات الإضافية على سبيل المثال لا الحصر أي وكافة الخدمات الإضافية حسب القيم الفعلية | ||||||||||||||||
14. In most cases, the relevant assessing authority will provide a re-assessment and/or appeal option if the Client does not agree with the initial negative outcome. If the relevant assessing authority rejects the Client’s re-assessment and/or appeal application, the service fees paid to the Company and/or application fees paid to the relevant assessment authority is not refundable; | 14- في معظم الحالات، ستقدم سلطة التقييم المختصة إعادة تقييم و / أو خيار الاستئناف في حال عدم موافقة العميل على النتيجة الأولية السلبية. وفي حالة رفض السلطة المختصة إعادة تقييم العميل و / أو استئنافه فتكون رسوم الطلب الخاصة بإعادة التقييم المدفوعة للسلطة المختصة غير قابله للرد. | ||||||||||||||||
15. The approximate processing time of a skills assessment application and/or state/territory application is twelve weeks once the relevant assessing authority receives all documents required for the assessment. Some applications may take longer depending on the complexity of the case and/or the selection criteria of the state/territory government. As each case is different, time frames can vary depending on the type of case and the investigations that might be required; | 15– يكون الوقت التقريبي لإجراء طلب و / أو طلب الدولة أو الإقليم تقييم المهارات اثنا عشر أسبوعا بمجرد استلام سلطة التقييم المختصة كافة المستندات المطلوبة للتقييم. وقد تستغرق بعض الطلبات وقت أـطول حسب تعقيد الحالة و / أو معيار الاختيار الخاص بحكومة الدولة / الإقليم. حيث أن كل حالة مختلفة وقد يختلف الإطار الزمني بناء على نوع القضية والتحقيقات التي قد تكون مطلوبة. | ||||||||||||||||
16. The Client’s case is accepted by our authorized International Associate considering the eligibility of the Client on the day of acceptance and signing of this Agreement; | 16- يتم قبول حالة العميل من قِبل شريكنا الدولي المعتمد مع مراعاة أهلية العميل في يوم قبول هذه الاتفاقية وتوقيعها. | ||||||||||||||||
17. The Client hereby authorizes the Company to outsource portion/part or all of the work to its authorized International Associate as and when required; | 17- يفوض العميل بموجب هذه الاتفاقية الشركة بإسناد كل أو جزء من العمل الي وكيلها الدولي المعتمد عند الاقتضاء. | ||||||||||||||||
18. All payments due under this Agreement will be paid to the Company and as per the Company’s payment terms and conditions and authorized payment methods; | 18- يتم سداد كافة المدفوعات المستحقة بموجب هذه الاتفاقية الي الشركة حسب شروط وأحكام السداد الخاصة بالشركة وحسب طرق السداد المصرح بها. | ||||||||||||||||
19. The Company is only a documentation consultancy company and will not be liable or held responsible for any retrospective changes in the laws, policies, procedures and regulations that may adversely affect the Client’s application to the relevant authority and/or Government department; | 19- الشركة عبارة عن شركة استشارت وثائق فقط ولن تكون مسئولة عن ولن تتحمل مسئولية أية تغييرات بأثر رجعي في القوانين والسياسات والإجراءات واللوائح التي قد تؤثر بشكل عكسي على طلب العميل المقدم للسلطات المختصة و / أو الدوائر الحكومية. | ||||||||||||||||
20. The Client agrees and understands the Company is only a documentation consultancy firm and cannot give any type of guarantee for obtaining any type of visa; | 20- يوافق العميل ويكون على دراية كاملة بأن الشركة هي عبارة عن شركة استشارات وثائق ولا تستطيع منح أية ضمانات للحصول على أي نوع من التأشيرات. | ||||||||||||||||
21. The Company will not be considered in breach of this Agreement to the extent that performance of their obligations is prevented by an Event of Force Majeure that arises after the date this Agreement is executed between the Client and the Company. For the purpose of this Agreement, an ‘Event of Force Majeure; means any circumstance not within the reasonable control of the Company, but only if and to the extent that (i) such circumstance cannot be, or be caused to be, prevented, avoided or removed by the Company (including but not limited to the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority, department, agency; fire; flood; storm; earthquake; accident; war; power outage; and (ii) such circumstance materially; and adversely affects the ability of the company to perform its obligations under this agreement. | 21- لن يتم اعتبار ان الشركة انتهكت هذه الاتفاقية في حالة عدم قيامها بالوفاء بالتزاماتها بسبب القوة القاهرة التي تحدث بعد تاريخ ابرام هذه الاتفاقية بين العميل والشركة. ومن أجل غرض هذه الاتفاقية القوة القاهرة تعني ” أي ظرف لا يخضع للسيطرة المعقولة للشركة ولكن فقط في حالة وفي حدود (1) الظرف الذي لا تستطيع الشركة منع حدوثه او التسبب في منعه أو تجنبه أو ازالته (على سبيل المثال لا الحصر القضاء والقدر وأفعال الحذف من قبل ايه حكومة أو أي قواعد أو لوائح أو أوامر صادرة بواسطة أية سلطة أو دائرة أو وكالة حكومية أو الحرائق أو الفيضانات أو العواصف أو الزلازل أو الحوادث أو الحروب أو انقطاع التيار الكهربائي و (2) أن يؤثر هذا الظرف تأثيرا ماديا; ويؤثر سلبا على قدرة الشركة على الوفاء بالتزاماتها بموجب هذه الاتفاقية . | ||||||||||||||||
22. It has been agreed between the parties that the service charges which are paid by the customer are not refundable regardless of the outcome of the Client’s application. | 22- من المتفق عليه بين الطرفين أن رسوم الخدمات والمسددة من طرف العميل غير قابلة للرد بصرف النظر عن نتيجة طلب العميل. | ||||||||||||||||
23. The Company will not refund any of the total service fees and actual expenses incurred by the Client and will be entitled to retain full payment if: | 23 -لن تعيد الشركة أي من اجمالي رسوم الخدمات والنفقات الفعلية التي تحملها العميل وسيحق للشركة الحصول عليها بالكامل في حالة. | ||||||||||||||||
(a) Once the Client signs this Agreement and then he/she does not wish to proceed further for any reason whatsoever; | (أ) بمجرد توقيع العميل على هذه الاتفاقية وبعد ذلك أبدى / أبدت العميل عدم رغبته في المتابعة لأي سبب مهما كان. | ||||||||||||||||
(b) The Client voluntarily withdraws the application at any stage; | (ب) يلغى العميل طوعًا الطلب في أي مرحلة؛ | ||||||||||||||||
(c) The Client fails to complete the immigration process by non-appearance in interview and/or by not undergoing the health examination or by any other way; | (ج) اخفاق العميل في انجاز إجراءات الهجرة عن طريق عدم حضور المقابلة و/ أو عدم الخضوع للكشف الطبي أو بأية طريقة أخرى. | ||||||||||||||||
(d) The Client does not co-operate towards completion of this Agreement in any manner; | (د) عدم تعاون العميل لغرض انجاز هذه الاتفاقية بأي طريقة. | ||||||||||||||||
(e) The Client does not acquire information, knowledge, education and skills including computer skills as per the advice of the Company; | (ه) عدم اكتساب العميل معلومات ومعرفة وتعليم ومهارات بما في ذلك الحاسب الآلي حسب نصيحة الشركة | ||||||||||||||||
(f) The Client does not achieve the required International English Language Testing System (IELTS) results, or results of other accepted English language tests, that may affec the Client’s eligibility and application; | (و) عدم تحقيق العميل نتائج نظام اختبار اللغة الإنجليزية الدولي المطلوبة (أيلتس)، أو نتائج اختبارات اللغة الإنجليزية الأخرى المقبولة، والتي قد تؤثر على استحقاق العميل وطلبه؛ | ||||||||||||||||
(g) The application is refused after the Client corresponds or communicates directly with the relevant authority and/or Government department without written consent of the Company; | (ز) رفض الطلب بعد أن يراسل العميل أو يتواصل مباشرة مع السلطات المعنية و/أو الدوائر الحكومية دون موافقة كتابية من الشركة. | ||||||||||||||||
(h) The Client breaches all or any of the terms of this Agreement by providing false information and/or commits any other sort of fraud or misrepresentation or by any other means; | (ح) ) انتهاك العميل لكافة أو أي من بنود هذه الاتفاقية عن طريق تقديم معلومات خاطئة و / أو ارتكاب أي نوع آخر من الاحتيال أو التحريف أو بأي طريقة أخرى. | ||||||||||||||||
(i) If it becomes impossible to meet the objective of the Agreement due to reasons like the Client having medical problems, having criminal/civil charges, national security reasons of the destined country, changes in assessing authority or Government department rules and/or any other reasons; | ط) في حالة أصبح من المستحيل تحقيق هدف الاتفاقية لأسباب مثل أن لدى العميل مشكلات صحية أو تهم جنائية / مدنية أو لأسباب الأمن القومي للدولة المتجه اليها أو تغييرات في سلطة التقييم أو قواعد الدوائر الحكومية و / أو أية أسباب أخرى. | ||||||||||||||||
24. All service fees and expenses payable pursuant to this Agreement must be paid together with value added tax or any similar tax (if any) properly chargeable thereon in any jurisdiction as required. | 24-يجب سداد كافة رسوم الخدمة والمصروفات المستحقة بموجب هذه الاتفاقية مع ضريبة القيمة المضافة أو أي ضريبة مماثلة (إن وجدت) ويتم تحصيلها بشكل صحيح في أي ولاية قضائية كما هو مطلوب | ||||||||||||||||
TERMINATION: | فسخ الاتفاقية | ||||||||||||||||
25. The service fees are only a documentation consultancy and collection advice fee of the Company and do not include air tickets to the Client’s respective destination, police clearance certificate(s) and health examination(s). All other relevant authorities’ fees must be borne by the Client at actuals. The service fees are not refundable regardless of the outcome of the Client’s application. | 25- رسوم الخدمة ليست سوى استشارة للتوثيق ورسوم استشارات التحصيل للشركة ولا تشمل تذاكر الطيران إلى وجهة العميل، وشهادة (شهادات) التخليص الشرطي والفحوصات الصحية. يجب أن يتحمل العميل جميع رسوم السلطات الأخرى ذات الصلة في الواقع. رسوم الخدمة غير قابلة للاسترداد بغض النظر عن نتيجة طلب العميل. | ||||||||||||||||
26. If any of the above fees are cancelled and/or not received by the company by the agreed date for any reason whatsoever, then the application of the client will be placed on hold with immediate effect by the company with a one-month grace period. For the application to continue further, the client will have to pay the full pending balance amount in addition to a penalty fee of US$450, within this one-month grace period. If the client exceeds the one-month grace period, then the application, the Online Client Portal and this contract will be closed, and the no-refund policy will apply. If the client decides to resume their application after the one-month grace period, the client will require a new assessment, new contract and pay the service fees applicable at that time. | 26- إذا تم إلغاء أي من الرسوم المذكورة أعلاه و / أو عدم استلامها من قبل الشركة بحلول الموعد المتفق عليه لأي سبب من الأسباب، فسيتم تعليق طلب العميل بأثر فوري من قبل الشركة مع فترة سماح مدتها شهر واحد. لكي يستمر الطلب أكثر، سيتعين على العميل دفع مبلغ الرصيد المعلق بالكامل بالإضافة إلى رسوم غرامة قدرها 450 دولارًا أمريكيًا، خلال فترة السماح التي تبلغ شهرًا واحدًا. إذا تجاوز العميل فترة السماح البالغة شهرًا واحدًا، فسيتم إغلاق التطبيق وبوابة العميل عبر الإنترنت وهذا العقد، وسيتم تطبيق سياسة عدم الاسترداد. إذا قرر العميل استئناف طلبه بعد فترة السماح التي تبلغ شهرًا واحدًا، فسيتطلب العميل تقييمًا جديدًا واتصالًا جديدًا ودفع رسوم الخدمة المطبقة في ذلك الوقت. | ||||||||||||||||
27. If the client approaches any government, non-government authorities and/or any relevant bodies related to their application directly and doesn’t go through the appropriate channel as advised by the Company; | 27- في حالة مراجعة العميل مباشرة أي سلطات حكومية وغير حكومية و / أو جهات ذات صلة بطلبه وعدم اتباع الطريق المناسب حسب نصائح الشركة. | ||||||||||||||||
28. This Agreement will be governed by and construed in accordance with the laws of Dubai, United Arab Emirates and India as per the Governing law mentioned herein below. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the jurisdiction of the Courts of the Dubai for Clients Globally and India for Clients of Indian Jurisdiction | 28- تُحكم وتُفسر هذه الاتفاقية وفقا لقوانين امارة دبي الامارات العربية المتحدة أي نزاع ينشأ من أو فيما يتعلق بهذه الاتفاقية بما في ذلك أي سؤال بشأن وجودها أو سريانها أو انهائها يخضع للاختصاص القضائي لمحاكم امارة دبي. | ||||||||||||||||
SERVICE LEVEL AGREEMENT: | مستجدات/ مستوى خدمة الاتفاقية | ||||||||||||||||
29. Email is the official and primary means of written communication. The Client agrees that contacting the Company through other methods of communication, including but not limited to, text messages, social media (Skype, WhatsApp, Viber and Facebook etc.) to arrange appointments or to pass information is not acceptable practice and the Company reserves the right not to respond to any query which is not sent by email and/or any other email address that is instructed in writing to the Client; | 29-يكون البريد الالكتروني هو الوسيلة الرسمية والرئيسية للمراسلات الكتابية. ويوافق العميل على التواصل مع الشركة من خلال أي من طرق الاتصال الأخرى على سبيل المثال لا الحصر الرسائل النصية ووسائل التواصل الاجتماعي (سكايب، واتساب، فايبر والفيسبوك والخ. لترتيب مواعيد أو تقديم معلومات يكون تصرف غير مقبول وتحتفظ الشركة بالحق في عدم الرد على أي استفسار غير مرسل عن طريق البريد الالكتروني الي و/أو أي عنوان بريد الكتروني آخر يقدمه العميل كتابة | ||||||||||||||||
30. Any documents from the Company will be made available to download from the Online Client Portal; | 30- ستكون أية مستندات من الشركة متاحة للتحميل من بوابة العميل الالكترونية | ||||||||||||||||
31. The services will be rendered in a reasonable manner, in accordance with the performance standards and service levels described in the Documentation Timeline Chart. | 31- سيتم تقديم الخدمة بشكل معقول وفقا لمعايير الأداء ومستوى الخدمة الموصوف في مستندات المخطط الزمني | ||||||||||||||||
32. The Client has read this Agreement, its conditions and the Payment Terms and is willing to take documentation consultancy advice for their application as per this Agreement and will abide by all its conditions and clauses. This Agreement has been read by the Client and he/she has fully understood its contents. The Client agrees that the Schedule of Fees of the Company forms part and parcel of the main Agreement and is executed by the Client with the Company. The Fee(s) paid to the company are via third party online payment gateway and are subject to Australian dollar conversion rates, administrative charges, surcharges, and other relevant service charges may also apply. | 32- .32 لقد قرأ العميل هذه الاتفاقية وشروطها وشروط الدفع، وهو على استعداد لأخذ مشورة استشارية التوثيق لتطبيقها وفقًا لهذه الاتفاقية وسوف يلتزم بجميع شروطها وبنودها. تمت قراءة هذه الاتفاقية من قبل العميل وفهم محتوياتها بالكامل. يوافق العميل على أن جدول رسوم الشركة يشكل جزءًا لا يتجزأ من الاتفاقية الرئيسية ويتم تنفيذه بواسطة العميل مع الشركة. الرسوم المدفوعة للشركة هي عبر بوابة دفع عبر الإنترنت تابعة لجهة خارجية وتخضع أيضًا لمعدلات تحويل الدولار الأسترالي، وقد يتم تطبيق الرسوم الإدارية والرسوم الإضافية ورسوم الخدمات الأخرى ذات الصلة. | ||||||||||||||||
33. The terms and conditions of this agreement can be changed and/or modified at any time deemed necessary by the Company without prior notification to anyone. This offer is launched by the Company independently and there is no partnership between the Company and the Client in this offer. The Company has the sole discretion to modify this offer at any time. | 33- يمكن تغيير و / أو تعديل شروط وأحكام هذه الاتفاقية في أي وقت تعتبره ضروريًا من قبل دون إشعار مسبق لأي شخص. يتم إطلاق هذا العرض من قبل الشركة بشكل مستقل ولا توجد شراكة بين الشركة والعميل في هذا العرض. يحق للشركة وحدها تعديل هذا العرض في أي وقت. | ||||||||||||||||
I/We hereby acknowledge and accept the terms and conditions outlined within this Agreement. I/We shall be personally liable for all fees for services performed in accordance with this Agreement. | أقر/نقر بموجبه بالموافقة على الشروط والاحكام الواردة في هذه الاتفاقية. أنا/نحن نكون مسئولين عن كافة رسوم الخدمات المنصوص عليها وفقا لهذه الاتفاقية. |
MASTER FRANCHISE:
OPERATIVE PROVISIONS
Exclusivity
In these terms and conditions, which is also the Agreement, is solely for the purposes of having the Master Franchise(s) (“MF”) rights exclusively in the region assigned by the Company, for but not limited to Immigration, Qualification, Visa Assistance, English Training Consultancy Services and/or other related services offered by the Company from time to time. The Company shall not operate and/or grant another MF to anyone in the same region as long as this agreement is in effect and valid.
Payment to be done by the Master Franchisee for acquiring and running the MF
The Master Franchise agrees to pay the Company a non-revocable & non-refundable Franchisee Fees as agreed between the Company and the MF. The Company agrees to accept the above-mentioned payments done by the Master Franchise to acquire the Franchise rights for the duration agreed between the Company and the MF.
Deal Summary:
Franchise Deal Summary | |
---|---|
Location(s) | Country/Region as agreed between the Company and the MF. |
Franchise Fees | Franchise Fees As agreed by the Company and the MF. |
Franchise Commission As mentioned below | As mentioned below |
Office Area (Required) | Min. 800 to 1,000 sq.ft. |
Agreement Terms | Agreement Terms As agreed by the Company and the MF. |
Renewal Terms | Renewal Terms As agreed by the Company and the MF. |
Revenue Share – Commission Structure – Service Fees and Commissions Payable
The Company shall remit to the MF a percentage of the signed services as per below:
- 40% of revenue on all Direct Sales from Client Contract Value (the “CCV”) that the Company may receive from the direct clients of the MF.
- 40% of revenue on Documentation add-ons and up sales, for all Clients signed directly by the MF, that the Company may receive from the direct clients of the MF.
- 15% of revenue on all Indirect Sales from the CCV and the Documentation add-ons and up sales, for all Clients signed by the relevant Agent(s) and/or Franchise(s) appointed by the Company like but not limited to Sales Agent(s), Outsourcing Sales Agent(s) and Sub Franchise(s) in the MF region.
Note: All Authority(s) and all government fees are paid by the client as per actuals. The revenue share is only paid to the MF as per the above points only on the CCV and add-on and up sales fees and NOT on any kind or type of Authority fees, government fees, taxes, administrative charges, payment gateway charges, surcharges and any other relevant service charges of a total of 10% may also apply.
Services Provided by the Company
The Company shall provide the following services to the Master Franchise:
- Technical strategies and visa pathways and/or orientation on all the services facilitated by the Company.
- Technical Training
- Access to training portal for knowledge transfer and updates.
- Setting up, Creating, Configuring the IT Infrastructure for the Business of MF.
- Exclusive Base in MF REGION as agreed.
- Creation of all relevant Social Media pages like Facebook, Instagram, LinkedIn
- Google Business Page Setup
- Google Search Console for SEO tracking
- Google Analytics to monitor Traffic.
- Google Tag Manager
- Google AdWords for paid campaign and keyword research
- Usage of Domain name (www.f4-mg.com)
- MF REGION micro-website
- Listing on the Company and the F4MG website
- Landing pages for marketing
- Access to sales and documentation CRM
- Web forms API integration with Sales CRM
- Website and Landing Page SSL security
- Website and landing page Hosting facility and configuration
- Email Setup for social media
- Business Email Accounts
- Business Email Signature Setup
- Dropbox configuration and setup
- Shutter Stock Images and Video access
- Any other Immigration software and CRMs as deemed necessary.
- Government Authority and Licensing
- Certificate of Association.
- Access to Intellectual Property and relevant Credentials.
- Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationery designs, and access to the promotional and client testimonial videos of the Company. Please note that the usage of logos, as per verbiage and terminology, is only permitted with advice and permission of the Company Management. All designs and content should be approved by the Company’s Marketing Team.
- Access to Government and Investment Projects to Business and Investors as applicable
- Full End-to-End Services from Visa Applications, Settlement Services and other services facilitated by the Company’s Service Providers.
- Access and first right of refusal to any new products/services launched by the Company.
- Access and first right of refusal to all/any projects brought in by the Company.
- Supervising and guiding the MF for all the sales, marketing, and documentation related matters of the Direct and Indirect Clients.
- Oversee that the Service Provider(s) handle all file preparations, liaison with the relevant authorities and government officials, case flows, and lodge applications with the relevant Authority(s)/Government bodies of all Direct and Indirect Clients in a timely manner.
- 90 (ninety) days handholding and training to the MF team and ongoing support and help till the term of the agreement.
- The Company reserves the right to amend the Terms and Conditions at any time without prior notice.
Services Provided by the Master Franchise
The Master Franchise will provide to the best of its capacities, the following services:
- Local Media and Digital Marketing, seminars, generating leads and consulting the prospective client on all and any new services introduced by the Company, getting them to sign up the client, collect and send the basic required documentation as per the checklist to the Company.
- Upon signing the client, the MF agrees to send the sales documentation in one email to the Documentation team and/or Service Provider within 2days of the client paying their fees.
- Payment receipt of the client
- Resume/CV of the client
- Color Passport Copy of the client
- Resume/CV of the client’s dependent above 18
- Color Passport Copy of the client’s dependent above 18
- Any relevant document required.
- Once the Master Franchise’s client does the payment to the Company’s Trust Account, and upon confirmation from the Company, the MF will then sign the contract with the client directly and the MF will proceed with the documentation process directly with client in accordance to the check lists provided by the Company’s Service Provider(s). The Master Franchise shall not engage with any sort of commercial contractual agreements with their clients separately without the knowledge of the Company.
- All client payments are to be received only in the name of the nominated authorised account of the Company, online via Debit/ Credit Card and/or bank transfers. The Master Franchisee is not permitted to receive any monetary payment in any form like but not limited to, in cash or in any other company name, from the client(s), without prior written approval of the Company.
- The Master Franchise shall conduct all communication and correspondence with the Company at its own cost.
- The Master Franchisee will represent the Company’s interests in the Location(s) of MF. The Master Franchisee will report to the Company on a calendar month basis about the business and marketing plans and revenue projections.
- The MF agrees to take over and absorb all existing costs, monthly and/or annual expenses including but not limited to the MF Business license/registration renewal and related fees, rent of premises, Internet, telephone expenses, electricity charges, other utility charges and salaries and incentives to existing local staff of MF and any other operational expansions and/or any other offices that are opened by MF.
- The MF agrees and understands to provide a minimum of 20 to 25 clients per month to the Company, for any services provided by the Company’s Service Providers. Meeting this requirement will ensure that the MF license remains active and is not subject to cancellation.
Note: Please refer to https://f4-mg.com/terms-conditions/ for F4MG (MF) Terms and Conditions.
SUB FRANCHISE:
OPERATIVE PROVISIONS
Payment to be done by the Franchise for acquiring and running the Agency.
The Franchise agrees to pay the Company a non-revocable & non-refundable Agency Fees as agreed between the Company and the Sub Franchise (“SF”). The Company agrees to accept the above-mentioned payments done by the Sub Franchise to acquire the Franchisee rights for the duration agreed between the Company and the Sub Franchise.
Deal Summary
Franchise Deal Summary | |
---|---|
Location(s) | Country/Region as agreed between the Company and the MF. |
Franchise Fees | Franchise Fees As agreed by the Company and the MF. |
Franchise Commission As mentioned below | As mentioned below |
Office Area (Required) | Min. 800 to 1,000 sq.ft. |
Agreement Terms | Agreement Terms As agreed by the Company and the MF. |
Renewal Terms | Renewal Terms As agreed by the Company and the MF. |
Revenue Share – Revenue Structure – on Service Fees
The Company shall remit to the Franchise a percentage of the gross revenue received by the Company for the services, of the service providers, that are sold on and/or from the commencement of the Agreement as stated below:
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of FBP International (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold by Australian Immigration Expert (AIE) (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of Future Forward (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of e-visa Australia (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of Aussie English (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Admission Fees of the services sold of Qualifications Australia that the Company receives from the direct clients.
Note: All Authority(s) and all government fees are paid by the client as per actuals. The revenue share is only paid to the SF as per the above points only on the CCV fees and NOT on any kind or type of Authority fees, government fees, taxes, administrative charges, payment gateway charges, surcharges and any other relevant service charges of a total of 10% may also apply.
Services Provided by the Company
The Company shall provide the following:
- Technical strategies and visa pathways and/or orientation on all the services facilitated by the Company.
- Technical Training
- Sub Franchise micro website with web forms and payment gateway integration.
- Access to training portal for knowledge transfer and updates.
- Assisting the IT Infrastructure for the Business of SF.
- Listing on the Company and the F4MG website
- Landing pages for marketing
- Certificate of Association.
- Access to Intellectual Property and relevant Credentials.
- Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationery designs, and access to the promotional and client testimonial videos of the Company. Please note that the usage of logos, as per verbiage and terminology, is only permitted with advice and permission of the Company Management. All designs and content should be approved by the Company’s Marketing Team.
- Full End-to-End Services from Visa Applications, Settlement Services and other services facilitated by the Company’s Service Providers.
- Access and first right of refusal to any new products/services launched by the Company.
- Access and first right of refusal to all/any projects brought in by the Company.
- Supervising and guiding the SF for all the sales, marketing, and documentation related matters of the Direct and Indirect Clients.
- Oversee that the Service Provider(s) handle all file preparations, liaison with the relevant authorities and government officials, case flows, and lodge applications with the relevant Authority(s)/Government bodies of all Direct and Indirect Clients in a timely manner.
- 30(thirty) days handholding and training to the SF team and ongoing support and help till the term of the agreement.
- The Company reserves the right to amend the Terms and Conditions at any time without prior notice.
Services Provided by the Sub Franchise
The SF will provide to the best of its capacities, on behalf of the company, the following services:
The Sub Franchise will provide to the best of its capacities, the following services:
- Local Media and Digital Marketing, seminars, generating leads and consulting the prospective client on all and any new services introduced by the Company, getting them to sign up the client, collect and send the basic required documentation as per the checklist to the Company.
- Upon signing the client, the Sub Franchise agrees to send the documentation in one email to the Master Franchise (MF) within 2 days of the client paying their fees.
- Payment receipt of the client
- Resume/CV of the client
- Color Passport Copy of the client
- Resume/CV of the client’s dependent above 18
- Color Passport Copy of the client’s dependent above 18
- Once the SF’s client does the payment to the Company’s Trust Account, and upon confirmation from the Company, the MF will then sign the contract with the client directly and the MF will proceed with the documentation process directly with client in accordance to the check lists provided by the Company’s Service Provider(s). The SF shall not engage with any sort of commercial contractual agreements with their clients separately without the knowledge of the Company.
- All client payments are to be received only in the name of the nominated authorised account of the Company, online via Debit/ Credit Card and/or bank transfers. The SF is not permitted to receive any monetary payment in any form like but not limited to, in cash or in any other company name, from the client(s), without prior written approval of the Company.
- The SF shall conduct all communication and correspondence with the Master Franchise and the Company at its own cost.
- The SF will represent the Company’s and its associates’ interests in the Location(s) of the Sub Franchise. The Sub Franchisee will report to the Master Franchise on a calendar month basis about the business and marketing plans and revenue projections.
- The SF agrees to take over and absorb all existing costs, monthly and/or annual expenses including but not limited to the SF business license/registration renewal and related fees, rent of premises, Internet, telephone expenses, electricity charges, other utility charges and salaries and incentives to existing local staff of the SF and any other operational expansions and/or any other offices that are opened by the SF.
- The SF agrees and understands to provide a minimum of 2 to 5 clients per month to the Company, for any services provided by the Company’s Service Providers. Meeting this requirement will ensure that the SF license remains active and is not subject to cancellation.
ZERO-TOLERANCE POLICY:
The Company maintains a strict zero-tolerance policy towards Harassment, Discrimination, or Bullying, Violence, any Threats of Violence, Substance Abuse, Fraud theft, any Unethical conduct Any engagement or involvement in (as specified here) by the client shall be deemed a material breach of this contract. In such instances, Company reserves the right to terminate the contract immediately without any prior notice, and the client shall be liable for any resulting damages or losses incurred by the Company. This policy underscores our commitment to maintaining a safe, respectful, and professional working relationship.
During the Term and after termination of this Agreement for any reason whatsoever, the Client expressly undertakes not to do anything that might reasonably be expected to damage the business, interests or reputation of the Company and will not make or publish any disparaging remarks concerning the Company, its representatives, or the Services. Any allegation of defamation and/or actual defamation (both oral and published statements), which causes harm to the Company, will lead to termination of this Agreement and the Company has the right to pursue legal action against the Client.
Each of the Parties guarantees that all information which is “Confidential Information” received from the other Party before, during and after the conclusion of the terms of this Agreement shall remain confidential. Information shall, in any event, be considered to be Confidential Information if relates to pricing, discounts, if designated as confidential by either of the Parties or if it is otherwise of a confidential nature.
Confidential Information will not be considered to be of a confidential nature if it had already been disclosed to the public at the time it was revealed to the relevant Party.
EXCLUSIVITY
You agree and undertake that during the term of the Agreement you shall not enter into any arrangement that is similar to the arrangement or is of subject matter as contemplated under the Agreement with any entity, individual or body corporate that is engaged in this business.
The Company can assign this Agreement to an entity controlling, controlled by, or under common control with, that Party (each being an “Affiliate”).
Neither Party’s failure to enforce the other Party’s strict performance of any provision of this Agreement will constitute a waiver of the first Party’s right to subsequently enforce such provision or any other provision of this Agreement.
In the event of any discrepancy between the contractual documents, the order of precedence is the following, except that specific portions of a lower-ranking document may supersede specified portions of a higher-ranking document expressly noted: (i) the Agreement, (ii) Schedule of Fees.
The Parties are independent contracting parties. Nothing in this Agreement will be construed to create a partnership, joint venture, personnel leasing or agency relationship between the Parties.
FORCE MAJEURE
A Party shall not be obliged to perform any of its obligations herein if it is prevented from doing so by a situation of force majeure. “Force majeure” events shall include events beyond the reasonable control of the Parties, including acts of God, acts of government, acts of nature, strikes or riots, pandemic, epidemic (including any event that occurs directly or indirectly as a result of the COVID-19 pandemic) or act of war but does not include any event which the Party affected could have avoided or overcome by exercising a standard of reasonable care at a reasonable cost; or any event due to a lack of funds for any reason or any inability to pay any fees. If a situation of force majeure lasts for more than thirty (30) days, either Party may terminate this agreement upon written notice to the other Party.
EXPRESS RELEASE
You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to Your use of the Company’s Website. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
YOU AGREE AND CONFIRM
That You will use the Services provided by Our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform. Also, the Services provided on Our Platform for which the respective Service Provider’s Terms and Condition will be prevail and the Company will not be liable for any claim or refunds. the client is deemed to have engaged in the services of “The Company” (F4-MG) and hence the client confirms that he/she/other agrees to the terms & conditions as per both, the company (F4-MG) and the service providers website – FBP; QA; e-Visa; Aussie English; Future Forward.
- That You are accessing the Services available on this Website and transacting at Your sole risk and are using your best and prudent judgment before entering into any dealings through this Platform.
- It is possible that the other Users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
- This Agreement represents the entire agreement among the Parties regarding the subject matter hereof and the Parties’ respective obligations and commitments herein. No other documents or oral or written agreements among the Parties reflect in any way on the agreements laid out in this Agreement. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
- The Company may communicate with the Client through emails, newsletters and/or service announcements. The Client will not be able to opt-out from receiving service announcements and administrative messages.
- The Company is the exclusive partner of Qualifications Australia in the UAE. You agree not to display or use, in any manner, the Qualifications Australia trademark without prior permission.
- The Client acknowledges that acquiring a Qualification does not guarantee success in the migration process for any country, because other factors are also considered by migration authorities. Any decision from any government body with regards to migration is beyond the control or influence of the Company.
All recurring payments will be done via third party payment gateway, unless otherwise agreed by the Company. The Client gives consent to automatically deduct the installments as specified in Schedule of Fees via the payment method on file, without additional prior notice or approval.
- All sums payable under this Agreement are exclusive of VAT, for which the Client shall be responsible.
- The Parties acknowledge the full legal force and validity of documents executed by a Party using electronic signatures under the DocuSign system and such other electronic signature systems as the Parties may agree in writing.
You agree to not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law.
GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement shall be construed and enforced in accordance with the laws of the United Arab Emirates (for Clients/User/Sub-Franchise Globally) and India (for Clients/User/Sub-Franchise who signed the Contract in India), without regard to the User’s state or country of residence.
The User submits to the exclusive jurisdiction of the courts of the United Arab Emirates for Clients/User/Sub-Franchise Globally) and India (for Clients/User/Sub-Franchise who signed the Contract in India), for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
If a dispute arises between the User and other Clients/Users/Sub-Franchise, the User understands and agrees that the Company is under no obligation regarding such disputes. To the fullest extent permitted by law, the User hereby releases the Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify the Company for, any losses incurred in connection with any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
The User acknowledges and agrees that in case it is unable to resolve disputes with other Users, the Company has the right to remove the User from the Website and terminate this Agreement.
PRIVACY POLICY:
Please read Privacy Policy
PAYMENT DECLARATION:
Please read Client Payment Declaration
REFUND & CANCELLATION:
Please read Refund & Cancellation
By accessing this website, we assume you accept these terms and conditions. Do not continue to use F4-MG if you do not agree to take all the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Free Terms & Conditions Generator.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies:
We employ the use of cookies. By accessing F4-MG, you agreed to use cookies in agreement with the F4-MG ‘s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.f4-mg.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
Basic Recitals:
F4-MG maintains the www.f4-mg.com Website (“Site”)
We accept payment by Visa or Mastercard debit and credit cards for our services
We will not trade with or provide any services to OFAC and sanctioned countries
Cardholder must retain a copy of transaction records and F4-MG policies and rules
User is responsible for maintaining the confidentiality of his account
Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
License:
Unless otherwise stated, F4-MG and/or its licensors own the intellectual property rights for all material on F4-MG. All intellectual property rights are reserved. You may access this from F4-MG for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from F4-MG
Sell, rent or sub-license material from F4-MG
Reproduce, duplicate or copy material from F4-MG
Redistribute content from F4-MG
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. F4-MG does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of F4-MG, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, F4-MG shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
F4-MG reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party.
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant F4-MG a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies; Search engines; News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link:
(a) is not in any way deceptive
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
Commonly known consumer and/or business information sources;
Dot.com community sites; Associations or other groups representing charities; Online directory distributors; Internet portals; Accounting, law and consulting firms; and Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates the absence of F4-MG ; and
(d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to F4-MG . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of F4-MG ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames:
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability:
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Your Privacy:
Please read Privacy Policy
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury; Limit or exclude our or your liability for fraud or fraudulent misrepresentation; Limit any of our or your liabilities in any way that is not permitted under applicable law; or Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
- COMPANY OBLIGATIONS:
- 1. Upon full and clear instructions from the Client, the Company undertakes to provide documentation consultancy advice and documentation assistance on how the Client can best comply with the documentation requirements to apply for a valid and complete visa application for the relevant country.
- CLIENT OBLIGATIONS:
- 2. All information and documents provided to the Company shall be true, valid, and legal and correct in all respects. Bogus, false, or misleading information or documents, including documents of identity, is a criminal offence and can result in visa and review application being refused; and any visas granted on the basis of those documents or information being cancelled. In the event of any information and/or documents are subsequently found to be otherwise, the Company is not responsible against any liabilities, consequences, or actions whatsoever. 3. The Client shall notify the Company of any change in address, contact details or if there is any change in the Client’s circumstances, which may affect the application, within 3 (three) days of the change. 4. The Client shall not sell property, leave employment, or finalize business or personal matters until written advice or approval has been received from the respective Government department. 5. The Client agrees to submit his/her documents to the Company within 20 (twenty) working days after receiving the documentation checklist. If delayed, the Company will not be responsible for any retrospective changes in the laws, policies, procedures, and regulations that may adversely affect the Client’s application. In the event of any such changes, at any given point of time, from any of the relevant authorities, the Client then agrees to pay the appropriate fee to the relevant authorities and any related disbursements to the Company including but not limited to any and all add-on services as per actuals. 6. In completing the Client Information Questionnaire, the Client is required to answer all questions accurately and completely; where the Client Information Questionnaire is returned to the Company with missing information the Company will return it to the Client for amendment.
7. Acceptable documentation formats: Format Documentation Word Resume / CV JPG – GIF – PNG Passport-sized photograph(s) PDF Other Documentation
- 2. All information and documents provided to the Company shall be true, valid, and legal and correct in all respects. Bogus, false, or misleading information or documents, including documents of identity, is a criminal offence and can result in visa and review application being refused; and any visas granted on the basis of those documents or information being cancelled. In the event of any information and/or documents are subsequently found to be otherwise, the Company is not responsible against any liabilities, consequences, or actions whatsoever. 3. The Client shall notify the Company of any change in address, contact details or if there is any change in the Client’s circumstances, which may affect the application, within 3 (three) days of the change. 4. The Client shall not sell property, leave employment, or finalize business or personal matters until written advice or approval has been received from the respective Government department. 5. The Client agrees to submit his/her documents to the Company within 20 (twenty) working days after receiving the documentation checklist. If delayed, the Company will not be responsible for any retrospective changes in the laws, policies, procedures, and regulations that may adversely affect the Client’s application. In the event of any such changes, at any given point of time, from any of the relevant authorities, the Client then agrees to pay the appropriate fee to the relevant authorities and any related disbursements to the Company including but not limited to any and all add-on services as per actuals. 6. In completing the Client Information Questionnaire, the Client is required to answer all questions accurately and completely; where the Client Information Questionnaire is returned to the Company with missing information the Company will return it to the Client for amendment.
- PROCESSING OF CLIENT’S APPLICATION:
- 12. The final decision on any application submitted to the relevant authority lies solely with that authority and is beyond the control or influence of the Company; 13. In the event that an application is rejected (includes but is not limited to skills assessment application, state/territory government application and visa application) and if the Client instructs the Company to proceed with a re-assessment and/or appeal, the Client agrees to pay the appropriate fees to the relevant authority and any related disbursements to the Company for the additional documentation collection services including but not limited to any and all add-on services as per actuals; 14. In most cases, the relevant assessing authority will provide a re-assessment and/or appeal option if the Client does not agree with the initial negative outcome. If the relevant assessing authority rejects the Client’s re-assessment and/or appeal application, the service fees paid to the Company and/or application fees paid to the relevant assessment authority is not refundable; 15. The approximate processing time of a skills assessment application and/or state/territory application is twelve weeks once the relevant assessing authority receives all documents required for the assessment. Some applications may take longer depending on the complexity of the case and/or the selection criteria of the state/territory government. As each case is different, time frames can vary depending on the type of case and the investigations that might be required; 16. The Client’s case is accepted by our authorized International Associate considering the eligibility of the Client on the day of acceptance and signing of this Agreement; 17. The Client hereby authorizes the Company to outsource portion/part or all of the work to its authorized International Associate as and when required; 18. All payments due under this Agreement will be paid to the Company and as per the Company’s payment terms and conditions and authorized payment methods; 19. The Company is only a documentation consultancy company and will not be liable or held responsible for any retrospective changes in the laws, policies, procedures and regulations that may adversely affect the Client’s application to the relevant authority and/or Government department; 20. The Client agrees and is well aware that the Company is only a documentation consultancy firm and cannot give any type of guarantee for obtaining any type of visa; 21. The Company will not be considered in breach of this Agreement to the extent that performance of their obligations is prevented by an Event of Force Majeure that arises after the date this Agreement is executed between the Client and the Company. For the purpose of this Agreement, an ‘Event of Force Majeure; means any circumstance not within the reasonable control of the Company, but only if and to the extent that (i) such circumstance cannot be, or be caused to be, prevented, avoided or removed by the Company (including but not limited to the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority, department, agency; fire; flood; storm; earthquake; accident; war; power outage; and (ii) such circumstance materially; and adversely affects the ability of the company to perform its obligations under this agreement. 22. it has been agreed between the parties that the service charges which are paid by the customer are not refundable regardless of the outcome of the Client’s application. 23. The Company will not refund any of the total service fees and actual expenses incurred by the Client and will be entitled to retain full payment if:
- (a) Once the Client signs this Agreement and then he/she does not wish to proceed further for any reason whatsoever;
- (b) The Client voluntarily withdraws the application at any stage;
- (c) The Client fails to complete the immigration process by non-appearance in interview and/or by not undergoing the health examination or by any other way;
- (d) The Client does not co-operate towards completion of this Agreement in any manner;
- (e) The Client does not acquire information, knowledge, education and skills including computer skills as per the advice of the Company;
- (f) The Client does not achieve the required International English Language Testing System (IELTS) results, or results of other accepted English language tests, that may affect the Client’s eligibility and application;
- (g) The application is refused after the Client corresponds or communicates directly with the relevant authority and/or Government department without written consent of the Company;
- (h) The Client breaches all or any of the terms of this Agreement by providing false information and/or commits any other sort of fraud or misrepresentation or by any other means;
- (i) If it becomes impossible to meet the objective of the Agreement due to reasons like the Client having medical problems, having criminal/civil charges, national security reasons of the destined country, changes in assessing authority or Government department rules and/or any other reasons;
- 12. The final decision on any application submitted to the relevant authority lies solely with that authority and is beyond the control or influence of the Company; 13. In the event that an application is rejected (includes but is not limited to skills assessment application, state/territory government application and visa application) and if the Client instructs the Company to proceed with a re-assessment and/or appeal, the Client agrees to pay the appropriate fees to the relevant authority and any related disbursements to the Company for the additional documentation collection services including but not limited to any and all add-on services as per actuals; 14. In most cases, the relevant assessing authority will provide a re-assessment and/or appeal option if the Client does not agree with the initial negative outcome. If the relevant assessing authority rejects the Client’s re-assessment and/or appeal application, the service fees paid to the Company and/or application fees paid to the relevant assessment authority is not refundable; 15. The approximate processing time of a skills assessment application and/or state/territory application is twelve weeks once the relevant assessing authority receives all documents required for the assessment. Some applications may take longer depending on the complexity of the case and/or the selection criteria of the state/territory government. As each case is different, time frames can vary depending on the type of case and the investigations that might be required; 16. The Client’s case is accepted by our authorized International Associate considering the eligibility of the Client on the day of acceptance and signing of this Agreement; 17. The Client hereby authorizes the Company to outsource portion/part or all of the work to its authorized International Associate as and when required; 18. All payments due under this Agreement will be paid to the Company and as per the Company’s payment terms and conditions and authorized payment methods; 19. The Company is only a documentation consultancy company and will not be liable or held responsible for any retrospective changes in the laws, policies, procedures and regulations that may adversely affect the Client’s application to the relevant authority and/or Government department; 20. The Client agrees and is well aware that the Company is only a documentation consultancy firm and cannot give any type of guarantee for obtaining any type of visa; 21. The Company will not be considered in breach of this Agreement to the extent that performance of their obligations is prevented by an Event of Force Majeure that arises after the date this Agreement is executed between the Client and the Company. For the purpose of this Agreement, an ‘Event of Force Majeure; means any circumstance not within the reasonable control of the Company, but only if and to the extent that (i) such circumstance cannot be, or be caused to be, prevented, avoided or removed by the Company (including but not limited to the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority, department, agency; fire; flood; storm; earthquake; accident; war; power outage; and (ii) such circumstance materially; and adversely affects the ability of the company to perform its obligations under this agreement. 22. it has been agreed between the parties that the service charges which are paid by the customer are not refundable regardless of the outcome of the Client’s application. 23. The Company will not refund any of the total service fees and actual expenses incurred by the Client and will be entitled to retain full payment if:
- TERMINATION:
- 25. The service fees are only a documentation consultancy and collection advice fee of the Company and do not include air tickets to the Client’s respective destination, police clearance certificate(s) and health examination(s). All other relevant authorities’ fees must be borne by the Client at actuals. The service fees are not refundable regardless of the outcome of the Client’s application. 26. If any of the above fees are cancelled and/or not received by the company by the agreed date for any reason whatsoever, then the application of the client will be placed on hold with immediate effect by the company with a one-month grace period. For the application to continue further, the client will have to pay the full pending balance amount in addition to a penalty fee of US$450, within this one-month grace period. If the client exceeds the one-month grace period, then the application, the Online Client Portal and this contract will be closed, and the no-refund policy will apply. If the client decides to resume their application after the one-month grace period, the client will require a new assessment, new contract and pay the service fees applicable at that time. 27. If the client approaches any government, non-government authorities and/or any relevant bodies related to their application directly and doesn’t go through the appropriate channel as advised by the Company; 28. This Agreement will be governed by and construed in accordance with the laws of Dubai, United Arab Emirates. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the jurisdiction of the Courts of the Dubai
- SERVICE LEVEL AGREEMENT:
- 29. Email is the official and primary means of written communication. The Client agrees that contacting the Company through other methods of communication, including but not limited to, text messages, social media (Skype, WhatsApp, Viber and Facebook etc.) to arrange appointments or to pass information is not acceptable practice and the Company reserves the right not to respond to any query which is not sent by email and/or any other email address that is instructed in writing to the Client; 30. Any documents from the Company will be made available to download from the Online Client Portal; 31. The services will be rendered in a reasonable manner, in accordance with the performance standards and service levels described in the Documentation Timeline Chart. 32. The Client has read this Agreement, its conditions and the Payment Terms and is willing to take documentation consultancy advice for their application as per this Agreement and will abide by all its conditions and clauses. This Agreement has been read by the Client and he/she has fully understood its contents. The Client agrees that the Schedule of Fees of the Company forms part and parcel of the main Agreement and is executed by the Client with the Company. The Fee(s) paid to the company are via third party online payment gateway and are subject to Australian dollar conversion rates, administrative charges, surcharges, and other relevant service charges may also apply. 33. The terms and conditions of this agreement can be changed and/or modified at any time deemed necessary by F4-MG without prior notification to anyone. This offer is launched by the Company independently and there is no partnership between the Company and the Client in this offer. The Company has the sole discretion to modify this offer at any time.
شروط وأحكام العميل
التزامات الشركة :
1- تتعهد الشركة وبناء على تعليمات العميل الكاملة والواضحة بتقديم نصيحة استشارة مستندات والمساعدة في المستندات الخاصة بكيفية تمكن العميل من الالتزام بالمستندات المطلوبة للتقديم على طلب تأشيرة كامل وصحيحة للدول ذات الصلة.
التزامات العميل :
2- تكون كافة المعلومات والمستندات المقدمة للشركة أصلية وسارية وقانونية وصحيحة من كافة النواحي. وتكون المعلومات أو المستندات الوهمية أو المزيفة أو المُضللة بما في ذلك مستندات الهوية عبارة عن جريمة جنائية وتؤدى الي رفض مراجعة الطلب أو التأشيرة وتكون أية تأشيرات ممنوحة بناء على تلك المستندات ـأو المعلومات لاغية. في حالة وجود أي معلومات و / أو مستندات فيما بعد غير ذلك، فإن الشركة غير مسؤولة عن أي التزامات أو تبعات أو إجراءات من أي نوع ؛
3- يبلغ العميل الشركة بأي تغيير في العنوان وبيانات الاتصال أو في حالة وجود أي تغيير في ظروف العميل من شأنها أن تؤثر على الطلب في غضون 3 (ثلاثة) أيام من حدوث التغيير.
4- لا يجوز للعميل بيع ممتلكات أو ترك الوظيفة أو إنهاء أعماله أو أموره الشخصية حتى يستلم استشارة أو موافقة كتابية من الدائرة الحكومية الم
5- يوافق العميل على تقديم مستنداته / مستنداتها للشركة في غضون (20) عشرين يوما عقب استلام قائمة المستندات المرجعية. وفي حالة تأجيل تقديمها لن تكون الشركة مسئولة عن أيه تغييرات مرجعية في القوانين والسياسات والإجراءات واللوائح من شأنها أن تؤثر سلبا على طلب العميل. وفي حالة حدوث تلك التغييرات في أي وقت من أي من السلطات المعنية وأي مدفوعات مرتبطة بالشركة على سبيل المثال لا الحصر أي وكافة الخدمات حسب القيم الفعلية.
6- عند ملئ استمارة المعلومات يتطلب من العميل الإجابة على كافة الأسئلة بدقة وبشكل كامل وفي حالة إرجاع استمارة بيانات العميل الي الشركة بسبب بيانات ناقصة فستقوم الشركة بإرجاعها للعميل للتعديل.
7- الصيغة المقبولة للمستندات
المستند
الصيغة
وورد
السيرة الذاتية
جي بي جي – جي آي إف – بي إن جي
صورة بحجم صورة جواز السفر
بي دي إف
المستندات الأخرى
8- مطلوب من العميل تقديم نسخة ملونة بالمساح الضوئي من المستندات الأصلية. ويضمن العميل أن نسخ المستندات مقبولة بواسطة الشركة.
9– لا يتجاوز الحد الأقصى لحجم الملف 3 ميجابايت
10- يقدم العميل الموافقة على استخدام ونشر أسمائهم وصورهم و / أو مقطع (مقاطع) فيديو خاصة بهم (والتي قد تحتوي على صورهم) في أي من منشوراتهم و موادهم (بما في ذلك المواد الكتابية والالكترونية والوسائط المتعددة) لتوزيعها في أي مكان في العالم للترويج التعليمي أو أغراض الإبلاغ. كما يقر العميل بأنه ليس له الحق في أية أجور أو عائدات أو أية مدفوعات أخرى فيما يتعلق باستخدام صورتهم (صورهم) و / أو الفيديو (الفيديوهات) الخاصة بهم.
11- مطلوب من العميل تتبع حالة طلباتهم من خلال بوابة العميل الالكترونية للتحقق من الرسائل الواردة على عنوان بريدهم الالكتروني من أجل أية مراسلات مرسلة من الشركة.
تجهيز طلب العميل
12- يقع القرار النهائي الصادر في الطلب المقدم للسلطات المختصة على عاتق تلك السلطة وحدها ويكون خارج سيطرة أو نفوذ الشركة.
13- في حالة رفض الطلب (على سبيل المثال لا الحصر بسبب طلب حكومة الدولة /الإقليم تقييم المهارات وطلب التأشيرة) وفي حالة أصدر العميل تعليمات للشركة في متابعة إعادة التقييم و / أو استئنافه فيوافق العميل على سداد الرسوم المناسبة للسلطات المختصة وأية مدفوعات مرتبطة بذلك للشركة لخدمات جمع المستندات الإضافية على سبيل المثال لا الحصر أي وكافة الخدمات الإضافية حسب القيم الفعلية
14- في معظم الحالات، ستقدم سلطة التقييم المختصة إعادة تقييم و / أو خيار الاستئناف في حال عدم موافقة العميل على النتيجة الأولية السلبية. وفي حالة رفض السلطة المختصة إعادة تقييم العميل و / أو استئنافه فتكون رسوم الطلب الخاصة بإعادة التقييم المدفوعة للسلطة المختصة غير قابله للرد.
15– يكون الوقت التقريبي لإجراء طلب و / أو طلب الدولة أو الإقليم تقييم المهارات اثنا عشر أسبوعا بمجرد استلام سلطة التقييم المختصة كافة المستندات المطلوبة للتقييم. وقد تستغرق بعض الطلبات وقت أـطول حسب تعقيد الحالة و / أو معيار الاختيار الخاص بحكومة الدولة / الإقليم. حيث أن كل حالة مختلفة وقد يختلف الإطار الزمني بناء على نوع القضية والتحقيقات التي قد تكون مطلوبة.
16- يتم قبول حالة العميل من قِبل شريكنا الدولي المعتمد مع مراعاة أهلية العميل في يوم قبول هذه الاتفاقية وتوقيعها.
17- يفوض العميل بموجب هذه الاتفاقية الشركة بإسناد كل أو جزء من العمل الي وكيلها الدولي المعتمد عند الاقتضاء.
18- يتم سداد كافة المدفوعات المستحقة بموجب هذه الاتفاقية الي الشركة حسب شروط وأحكام السداد الخاصة بالشركة وحسب طرق السداد المصرح بها.
19- الشركة عبارة عن شركة استشارت وثائق فقط ولن تكون مسئولة عن ولن تتحمل مسئولية أية تغييرات بأثر رجعي في القوانين والسياسات والإجراءات واللوائح التي قد تؤثر بشكل عكسي على طلب العميل المقدم للسلطات المختصة و / أو الدوائر الحكومية.
20- يوافق العميل ويكون على دراية كاملة بأن الشركة هي عبارة عن شركة استشارات وثائق ولا تستطيع منح أية ضمانات للحصول على أي نوع من التأشيرات.
21- لن يتم اعتبار ان الشركة انتهكت هذه الاتفاقية في حالة عدم قيامها بالوفاء بالتزاماتها بسبب القوة القاهرة التي تحدث بعد تاريخ ابرام هذه الاتفاقية بين العميل والشركة. ومن أجل غرض هذه الاتفاقية القوة القاهرة تعني ” أي ظرف لا يخضع للسيطرة المعقولة للشركة ولكن فقط في حالة وفي حدود (1) الظرف الذي لا تستطيع الشركة منع حدوثه او التسبب في منعه أو تجنبه أو ازالته (على سبيل المثال لا الحصر القضاء والقدر وأفعال الحذف من قبل ايه حكومة أو أي قواعد أو لوائح أو أوامر صادرة بواسطة أية سلطة أو دائرة أو وكالة حكومية أو الحرائق أو الفيضانات أو العواصف أو الزلازل أو الحوادث أو الحروب أو انقطاع التيار الكهربائي و (2) أن يؤثر هذا الظرف تأثيرا ماديا; ويؤثر سلبا على قدرة الشركة على الوفاء بالتزاماتها بموجب هذه الاتفاقية .
22- من المتفق عليه بين الطرفين أن رسوم الخدمات والمسددة من طرف العميل غير قابلة للرد بصرف النظر عن نتيجة طلب العميل
.23-لن تعيد الشركة أي من اجمالي رسوم الخدمات والنفقات الفعلية التي تحملها العميل وسيحق للشركة الحصول عليها بالكامل في حالة.
(أ) بمجرد توقيع العميل على هذه الاتفاقية وبعد ذلك أبدى / أبدت العميل عدم رغبته في المتابعة لأي سبب مهما كان.
(ب) يلغى العميل طوعًا الطلب في أي مرحلة؛
(ج) اخفاق العميل في انجاز إجراءات الهجرة عن طريق عدم حضور المقابلة و/ أو عدم الخضوع للكشف الطبي أو بأية طريقة أخرى.
(د) عدم تعاون العميل لغرض انجاز هذه الاتفاقية بأي طريقة.
(ه) عدم اكتساب العميل معلومات ومعرفة وتعليم ومهارات بما في ذلك الحاسب الآلي حسب نصيحة الشركة
(و) عدم تحقيق العميل نتائج نظام اختبار اللغة الإنجليزية الدولي المطلوبة (أيلتس)، أو نتائج اختبارات اللغة الإنجليزية الأخرى المقبولة، والتي قد تؤثر على استحقاق العميل وطلبه؛
(ز) رفض الطلب بعد أن يراسل العميل أو يتواصل مباشرة مع السلطات المعنية و/أو الدوائر الحكومية دون موافقة كتابية من الشركة.
(ح) ) انتهاك العميل لكافة أو أي من بنود هذه الاتفاقية عن طريق تقديم معلومات خاطئة و / أو ارتكاب أي نوع آخر من الاحتيال أو التحريف أو بأي طريقة أخرى.
ط) في حالة أصبح من المستحيل تحقيق هدف الاتفاقية لأسباب مثل أن لدى العميل مشكلات صحية أو تهم جنائية / مدنية أو لأسباب الأمن القومي للدولة المتجه اليها أو تغييرات في سلطة التقييم أو قواعد الدوائر الحكومية و / أو أية أسباب أخرى.
24- يجب سداد كافة رسوم الخدمة والمصروفات المستحقة بموجب هذه الاتفاقية مع ضريبة القيمة المضافة أو أي ضريبة مماثلة (إن وجدت) ويتم تحصيلها بشكل صحيح في أي ولاية قضائية كما هو مطلوب
فسخ الاتفاقية
25- رسوم الخدمة ليست سوى استشارة للتوثيق ورسوم استشارات التحصيل للشركة ولا تشمل تذاكر الطيران إلى وجهة العميل، وشهادة (شهادات) التخليص الشرطي والفحوصات الصحية. يجب أن يتحمل العميل جميع رسوم السلطات الأخرى ذات الصلة في الواقع. رسوم الخدمة غير قابلة للاسترداد بغض النظر عن نتيجة طلب العميل.
26- إذا تم إلغاء أي من الرسوم المذكورة أعلاه و / أو عدم استلامها من قبل الشركة بحلول الموعد المتفق عليه لأي سبب من الأسباب، فسيتم تعليق طلب العميل بأثر فوري من قبل الشركة مع فترة سماح مدتها شهر واحد. لكي يستمر الطلب أكثر، سيتعين على العميل دفع مبلغ الرصيد المعلق بالكامل بالإضافة إلى رسوم غرامة قدرها 450 دولارًا أمريكيًا، خلال فترة السماح التي تبلغ شهرًا واحدًا. إذا تجاوز العميل فترة السماح البالغة شهرًا واحدًا، فسيتم إغلاق التطبيق وبوابة العميل عبر الإنترنت وهذا العقد، وسيتم تطبيق سياسة عدم الاسترداد. إذا قرر العميل استئناف طلبه بعد فترة السماح التي تبلغ شهرًا واحدًا، فسيتطلب العميل تقييمًا جديدًا واتصالًا جديدًا ودفع رسوم الخدمة المطبقة في ذلك الوقت.
27- في حالة مراجعة العميل مباشرة أي سلطات حكومية وغير حكومية و / أو جهات ذات صلة بطلبه وعدم اتباع الطريق المناسب حسب نصائح الشركة.
28- تُحكم وتُفسر هذه الاتفاقية وفقا لقوانين امارة دبي الامارات العربية المتحدة أي نزاع ينشأ من أو فيما يتعلق بهذه الاتفاقية بما في ذلك أي سؤال بشأن وجودها أو سريانها أو انهائها يخضع للاختصاص القضائي لمحاكم امارة دبي.
مستجدات/ مستوى خدمة الاتفاقية
29-يكون البريد الالكتروني هو الوسيلة الرسمية والرئيسية للمراسلات الكتابية. ويوافق العميل على التواصل مع الشركة من خلال أي من طرق الاتصال الأخرى على سبيل المثال لا الحصر الرسائل النصية ووسائل التواصل الاجتماعي (سكايب، واتساب، فايبر والفيسبوك والخ. لترتيب مواعيد أو تقديم معلومات يكون تصرف غير مقبول وتحتفظ الشركة بالحق في عدم الرد على أي استفسار غير مرسل عن طريق البريد الالكتروني الي و/أو أي عنوان بريد الكتروني آخر يقدمه العميل كتابة
30- ستكون أية مستندات من الشركة متاحة للتحميل من بوابة العميل الالكترونية
31- سيتم تقديم الخدمة بشكل معقول وفقا لمعايير الأداء ومستوى الخدمة الموصوف في مستندات المخطط الزمني
32- لقد قرأ العميل هذه الاتفاقية وشروطها وشروط الدفع، وهو على استعداد لأخذ مشورة استشارية التوثيق لتطبيقها وفقًا لهذه الاتفاقية وسوف يلتزم بجميع شروطها وبنودها. تمت قراءة هذه الاتفاقية من قبل العميل وفهم محتوياتها بالكامل. يوافق العميل على أن جدول رسوم الشركة يشكل جزءًا لا يتجزأ من الاتفاقية الرئيسية ويتم تنفيذه بواسطة العميل مع الشركة. الرسوم المدفوعة للشركة هي عبر بوابة دفع عبر الإنترنت تابعة لجهة خارجية وتخضع أيضًا لمعدلات تحويل الدولار الأسترالي، وقد يتم تطبيق الرسوم الإدارية والرسوم الإضافية ورسوم الخدمات الأخرى ذات الصلة.
33- يمكن تغيير و / أو تعديل شروط وأحكام هذه الاتفاقية في أي وقت تعتبره ضروريًا من قبل FBP International دون إشعار مسبق لأي شخص. يتم إطلاق هذا العرض من قبل الشركة بشكل مستقل ولا توجد شراكة بين الشركة والعميل في هذا العرض. يحق للشركة وحدها تعديل هذا العرض في أي وقت.
أقر/نقر بموجبه بالموافقة على الشروط والاحكام الواردة في هذه الاتفاقية. أنا/نحن نكون مسئولين عن كافة رسوم الخدمات المنصوص عليها وفقا لهذه الاتفاقية.
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INTRODUCTION
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INTERPRETATION
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AMENDMENT
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COOKIES
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BASIC RECITALS
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LICENSE
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CLIENT MUST NOT
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WARRANT AND REPRESENT
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HYPERLINKING TO CONTENT
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IFRAMES
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CONTENT LIABILITY
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RESTRICTIONS
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RESERVATION OF RIGHTS
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REMOVAL OF LINKS FROM THE WEBSITE
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DISCLAIMER
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EXCLUSIVITY
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FORCE MAJEURE
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EXPRESS RELEASE
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CLIENT AGREE AND CONFIRM
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CLIENT TERMS & CONDITIONS
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AGENTS
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MASTER FRANCHISE
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SUB FRANCHISE
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ZERO-TOLERANCE POLICY
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GOVERNING LAW AND DISPUTE RESOLUTION
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PRIVACY POLICY
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PAYMENT DECLARATION
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REFUND AND CANCELLATION
Welcome to F4MG Document Clearing Services LLC (F4MG), also known as F4 Migration Guru! The terms and conditions below outline the rules and regulations for using F4MG’s Website, www.f4-mg.com. By accessing this website, reading and understanding the terms and conditions, we are certain that you have agreed to accept the below terms and conditions of our company if you would like to use our services. Please refrain from proceeding ahead with our services if you do not agree to any/all the terms and conditions on this page. Please also note that these terms and conditions are subject to change/updated from time to time as and when needed and without prior notice. This document is an electronic record, and a computer system generates it; it does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, you consent to be bound by these terms and conditions.
Please read and understand these terms before using the website and its services. Your agreement to these terms shall operate as a binding agreement between you and F4MG with respect to the use of any F4MG services provided now or in the future. At any given time, F4MG has the right to terminate and/or deny access to the services provided and/or cease any kind of offerings to the clients upon breach of any of the below terms and conditions.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the terms and conditions for the purposes of the applicable services. Supplemental terms shall prevail over these terms and conditions in the event of a conflict with respect to the applicable services. F4MG may amend the terms and conditions relating to the services from time to time.
Amendments will be effective upon F4MG’s posting of such updated terms and conditions at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the services after such posting constitutes your consent to be bound by the terms and conditions, as amended.
The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements:
“accuracy” in relation to any representation or warranty made, any information or fact disclosed, reply to any inquiry or requisition, or any original or duplicate copy of any document delivered, by or on behalf of any person to any other person, means that such representation, warranty, information, fact or document:
- is true, accurate, complete and up-to-date in all respects; and
- is not rendered untrue, inaccurate, incorrect, incomplete, out-of-date, false, misleading or deceptive or likely to mislead or deceive in any respect by any other representation, warranty, information, fact or document;
“advance” in relation to any credit, includes the making or extension of that credit at any time and in any manner or by any means;
“agreement” includes any present or future agreement, contract, deed, security interest, guarantee or other legally enforceable arrangement, whether in writing or otherwise;
“assessment” includes assessment, investigation, appraisal, estimate, valuation, decision, determination, calculation, review, inquiry or report;
“authorised officer” in relation to any company for the purposes of any agreement at any time means any director, secretary, or person notified in that capacity by that company in or under any provision of that agreement to any party to that agreement, without withdrawal or cancellation of that notification as at that time;
“borrowing” in relation to any credit, includes the borrowing of or raising money or incurring financial liability under or in relation to that credit in any manner or by any means;
“business capacity” in relation to any performance of any business activity by any person, means the performance of that business activity by that person, whether directly or indirectly, or through any interposed entity or person:
- as a principal or on its own account;
- in partnership, joint venture or association with any other person;
- as an agent for any other person;
- as a secured party or holder of any guarantee in relation to, or person making any credit advance to, any other person;
- as a trustee of or beneficiary or unitholder under any trust; or
- as a director or other agent or shareholder in any company;
“business day” means any day on which trading banks generally are open for business in the place of receipt of any written notice, payment of any moneys or performance of any liability by any party contemplated or required under any agreement, excluding a Saturday, Sunday or public holiday in that place;
“claim” includes any claim, demand, request, requisition, notice, direction or allegation;
“client” includes customer, signed client, any agents including but not limited to sales agents, outsourcing sales agents, franchises and/or any type of agents/subscribers that will be introduced in the future, contact, buyer or purchaser, or any employee or agent of any client within any previous meaning;
“company” includes Immigration Business Alliance, trading as IBA Partner (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’), its related body corporate, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, association, society, organisation or entity;
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- source and object codes;
- business, financial and marketing plans, forecasts and projections;
- customer information, customer lists and customer information proprietary to customers;
- agreements and arrangements with third parties, whether legally enforceable or otherwise;
- computer software and set-up, configuration and data files of computer software;
“commencement date” means the date of acceptance of the Terms and Condition by the customer, client, and/or agent;
“consent” includes any consent, approval, permit, licence, authorisation, resolution, release, registration, filing, lodgement, notification or expiry of any period without any relevant objection, prohibition or restriction, by any person necessary or desirable:
- for the execution, performance, validity, enforceability, priority effectiveness or transfer; or
- to prevent default, invalidation or a prejudicial effect,
of, under or in relation to any present of future agreement, document, action, activity or asset;
“contractual consent” means any consent, notice, certificate or transfer from or by any lessor, licensor, bank, financial institution, insurer, secured party or other contracting party;
“control” in relation to any person, includes the legal or practical ability of any other person to control the outcome of any decision of that person or entity, whether alone or in combination with others, direct or indirect, whether under any legally enforceable arrangement or otherwise, and whether or not control is subject to any condition or restraint;
“corporate consent” means any corporate or other consent of, from or by any company, or its directors or shareholders, including any resolution or minutes or extracts from minutes, of any meeting, written resolution, or power of attorney;
“cost” includes any cost, charge, expense, disbursement, fee, commission, outgoing, premium, tax, levy, fine, penalty or loss incurred at any time, whether directly or indirectly;
“credit” includes any present or future loan, advance, credit facility or other financial accommodation;
“customer” includes customer, client, contact, buyer or purchaser, or any employee or agent of any customer within any previous meaning;
“debt arrangement” in relation to any person, means any compromise, composition, moratorium, scheme of arrangement or reconstruction, suspension of any payment or right, restriction on any right or enforcement of any right, property transfer for the benefit of creditors, management, administration, voluntary administration, company arrangement or deed of company arrangement agreed or effected by or in connection with that person, or any creditor, asset, debt or other liability of that person;
“decision” includes any decision, vote, resolution, determination, discretion, opinion, assessment, appraisal, computation, calculation, valuation, certificate, certification or notice;
“default” includes:
- any default, breach, non-performance, non-compliance with or repudiation;
- any fraud, breach of duty, or other prejudicial action, neglect, delay or omission; or
- the occurrence of any fact which in itself, or which with the giving of notice, expiry of time or fulfilment of any condition, whether or not within the control of any person, would constitute any default within any previous meaning, or create any acceleration of liability, termination, cancellation, prepayment or similar event;
“disclosure” in relation to any document or information by any person to any other person, means delivery of that document or disclosure of that information by or on behalf of that person, or any employee or authorised agent of that person, to that other person, or any employee or authorised agent of that other person;
“dollar” or “$” means the client contract value and the add on fees is in USD and the Authority and/or Government fees is in the lawful currency of its own country(s) at the time;
“entity” includes any company, trust, fund, partnership, society, association or other incorporated or unincorporated body or trustee of any trust in that capacity for the beneficiaries of the trust;
“equipment” includes fixtures, fittings, furniture, plant, machinery, appliances, equipment, telecommunications equipment, computer or electronic hardware, software, tape or disk, cabling, printing plate, motor vehicles, and any spare parts and accessories for any equipment within any previous meaning, whether fixed, moveable or detachable;
“fact” includes any fact, matter, thing, event, circumstance, cause, consequence, action or omission, and the occurrence or existence of, or any change in, any fact within any previous meaning;
“financial liability” means any liability in relation to:
- moneys borrowed or raised;
- any financial accommodation of any nature or description;
“force majeure event” in relation to any person, means any fact beyond the reasonable control of that person which prevents, hinders or delays that person from or in the performance of any liability of that person under any agreement, including:
- any act of God, peril of the sea or unavoidable accident of navigation;
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- failure, breakdown or shortage of any power, water, communications or other supplies or services from any public utility or supply of fuel, labour or material; and
- any governmental requisition or illegality due to change of law,
but excluding any fact resulting from any action, or omission, of default of that person, or any employee or agent of that person;
“F4MG” is F4MG Document Clearing Services LLC, HQ in Dubai UAE, also known as the Global Master Franchise.
“governmental agency” means any governmental, semi-governmental, administrative, fiscal, municipal, local, judicial or regulatory agency, department, instrumentality, body, utility, authority, commission, court or tribunal;
“governmental consent” means any consent from, by or with any governmental agency;
“governmental requisition” means any consent, requirement, claim, notice, requisition, order, direction, action, appropriation, restraint, restriction, prohibition, intervention or law of, required by or from, or made, imposed or issued by any governmental agency at any time;
“guarantee” includes any present or future guarantee, indemnity, letter of credit, suretyship arrangement, irrevocable offer, put option or similar liability;
“inquiry” includes inquiry, requisition, inspection, investigation, review or audit;
“insolvency event” in relation to any person, means the fact of that person:
- being, or stating that that person is, an insolvent under administration or insolvent, within the meaning of the UAE Corporations Act and Federal decree law No 51 of 2023.
- being in liquidation;
- having any asset in the possession or control of any secured party resulting from any default by that person;
- being taken to have failed to comply with any statutory demand, within the meaning of UAE Corporations Act and Federal decree law No 51 of 2023
- being subject to or affected by any fact specified in section UAE Corporations Act and Federal decree law No 51 of 2023 being, or stating that that person is, unable to pay all the debts of that person as and when they become due and payable; or
- being subject to or affected by any fact factually similar to or analogous with any previous item under the law of any country or jurisdiction;
F4MG goes into liquidation or is made bankrupt or, takes an assignment for the benefit of or enters into an arrangement or composition with its creditors or stops payment of its debts or. “intellectual property” in relation to any person, means any intellectual, industrial or commercial property, right or interest of that person, whether within or outside Australian, including:
- any logo , patent, trademark, industrial patent , service mark or design;
- any copyright, including any future copyright or analogous or similar right;
- any utility model, eligible layout right or plant variety right;
- any business, trade or commercial name or designation, brand name, domain name, logo, symbol, source indication or origin appellation;
- any confidential information;
- any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise, including any works or subject-matter other than works;
- any division or extension of, or analogous right to, any previous item;
- any legal action relating to any previous item;
- any exclusive or non-exclusive licence, licence agreement or other right to use or grant the user of, or to become the registered proprietor or user of, any previous item;
- any application for registration, right to apply for or maintain any registration or other right arising under any legal action in relation to any previous item; and
- any document of title, letters patent, deed of grant or other document or agreement relating to any previous item,
whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description;
- “interpretational rules”: Rules of interpretation apply to the Agreement as specified in this provision, unless the context otherwise requires:
- (headings): headings and subheadings are for convenience only and do not affect interpretation;
- (plurality): words denoting the singular number include the plural, and the converse also applies;
- (gender): words denoting any gender include all genders;
- (variants): a defined word or expression has corresponding effect in relation to its other grammatical forms;
- (parties): any reference to a party to any agreement or document includes its executors, administrators, legal personal representatives, successors and permitted assigns and substitutes by way of assignment or novation;
- (amendments): any reference to any agreement or document includes that agreement or document as amended, ratified, supplemented, novated or replaced at any time;
- (provisions): any reference to a provision, comprising a clause, schedule, annexure, exhibit or attachment, is a reference to a provision of the Agreement, including each clause, subclause, paragraph and subparagraph of that provision, and any reference to the Agreement includes all provisions of the Agreement;
- (legislation): any reference to any legislation includes a reference to that legislation as amended, re-enacted, consolidated or replaced at any time;
- (inclusions): the words “include”, “including”, “for example”, and similar expressions are used without limitation;
- (components): any reference to any whole or collective item includes any part of that item;
- (time): the expression “at any time” includes reference to past, present, and future time and the performance of any action from time to time and any liability at all times during any specified period; and
- (liability): any liability, representation or warranty undertaken by, or right conferred on, 2 or more persons binds or benefits all of those persons jointly and each of them severally.
“invalidity” includes invalidity, nullity, voidability, avoidance, setting aside, unenforceability, illegality, recoverability, suspension or failure, whether total or partial, or liability to invalidity or invalidation within any previous meaning;
“inventory” includes any stock, stock-in-trade, work-in-progress, finished product, spare parts, raw or worked materials, whether before or after any other work or fabrication, component parts, stock or materials in transit, undelivered stock or materials, and indirect materials used generally in any manufacturing, fabrication or construction and not forming part of any finished product, owned, held, manufactured, fabricated, constructed, purchased or ordered by any person for the purpose of or in relation to any business activity performed by the person;
“judicial order” means any judgement, order, decree, declaration, ruling, award, or determination of any court or tribunal of competent jurisdiction, arbitrator, mediator or expert binding on any person or assets of that person;
“law” means any legislation, rule of the general law, including common law, equity and bankruptcy, judicial order or consent or requisition from, by or with any governmental agency;
“legal action” means any claim, legal action, application, proceeding, suit, dispute or litigation initiated in or by any governmental agency, arbitration, mediation or dispute resolution process, whether actual, current, anticipated, threatened or potential;
“legislation” including as applicable any reference to the specific name of any legislation, means:
- any statute, enactment, ordinance, code or other legislation;
- any order, regulation, rule, by-law, proclamation, or statutory instrument made or issued under that legislation;
- any section or provision of that legislation within any previous meaning; and
- any amendment, modification, consolidation, re-enactment or replacement of, or substitution for, any legislation within any previous meaning at any time;
“liability” includes any liability, debt, indebtedness, damages, compensation, duty or obligation, whether statutory, legal or equitable, present of future, actual, contingent or prospective, primary, secondary or vicarious, and whether alone, severally, jointly or jointly and severally;
“liquidation” includes receivership, debt arrangement, merger, amalgamation, reconstruction, winding up, dissolution, bankruptcy, death or administration under any law relating to individual health or welfare;
“loss” includes any loss, cost, liability, damage, destruction, injury or accident, whether direct or indirect, actual or potential;
“marketable security” means:
- The shares issued by joint stock companies; Derivatives and investment units approved by the SCA; Bonds, Sukuk and bills issued by the Federal Government, local governments or public authorities or institutions in the State; Bonds, Sukuk and any debt instruments issued by companies in accordance with the regulations to be issued by the SCA; and Any other local or foreign securities acceptable to the Central Bank and the SCA.
“materials” includes any report, correspondence, form, list, article, document, artwork, film, design or training, promotional or marketing material, aid or tool;
“month” means calendar month;
“Party” or “Parties” can be defined as a person or group that is involved in a contract or agreement. It includes:
- customer, signed client, any agents including but not limited to sales agents, outsourcing sales agents, franchises and/or any type of agents/subscribers that will be introduced in the future, contact, buyer or purchaser, or any employee or agent of any client within any previous meaning;
- Immigration Business Alliance, trading as IBA Partner (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’), its related body corporate, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, association, society, organisation or entity;
- F4MG Document Clearing Services LLC, HQ in Dubai UAE, also known as the Master Franchise;
“person” includes any natural person, company, trust, entity, or governmental agency;
“property” includes any money, goods, thing in action, right, land, business undertaking, intangible asset, intellectual property and any other real or personal property of any nature or description, whether present or future, tangible or intangible, vested or contingent and any legal, equitable or statutory right, title, estate, interest, income, revenue or benefit in, under or derived from or incidental to that property;
“public utility” includes any supplier of communications, telecommunications, drainage, electricity, gas, sewerage, water, transportation, or any similar supplies or services, whether or not that supplier is a governmental agency;
“purchaser” includes any purchaser, transferee, lessee or secured party;
“related entity” includes a company, body corporate, trust, or person and in relation to:
- a company or body corporate, means a related body corporate within the meaning of the federal decree law No (32) of 2021 on commercial companies.
- a trust, means a trust that would be a related body corporate within that meaning assuming that the trust were a body corporate and that a subsidiary meant a subsidiary for the purposes of that meaning; and
- any person, means any other person having control over that person, or other person under the control of that person; “report” includes report, review, audit, assessment, advice, opinion, inquiry, inspection, investigation, valuation or survey;
“right” includes any right, equity, interest, entitlement, benefit, option, power or remedy;
“secured party” means any person holding or entitled to any security interest, or any right under any security interest;
“security interest” means any security interest in connection with any asset which in substance, whether or not in form, is a security for the payment or performance of any liability, including:
- any security interest within the meaning of, and as defined in, the UAE applicale laws. Personal Property Securities Act 2009;
- any mortgage, charge, pledge, lien, trust or power created or conferred in relation to any asset;
- any title retention interest or other legal or equitable proprietary title or interest retained or reserved in any asset, including any credit or conditional sale agreement, hire purchase agreement, finance lease or bailment; or
- any other right conferred on, or agreement with, any creditor to be paid in priority or preference to other creditors by recourse to any asset or its proceeds;
(This is as per the Australian Law)
“subsidiary” in relation to:
- a body corporate, means a subsidiary within the meaning of UAE commercial companies Law.
- a trust, means a trust that would be a subsidiary within that meaning if it were a company equating for this purpose:
- shares with the beneficial interests or units held in the trust; and
- the board of directors with the trustee; and
- a body corporate or sub trust owned or held as an asset of a trust, means a subsidiary within any previous meaning which would be applicable if the trust were a body corporate;
(This is as per the Australian Law)
“supplier” in relation to the delivery of any goods or provision or performance of any services, means any supplier, manufacturer, wholesaler, retailer, distributor, repairer or any other person performing any business activity connected with that delivery, provision or performance.
“tax” includes any tax, duty, charge or rate imposed or assessed under any legislation or by any governmental agency, together with any associated interest, penalty, fine, fee or other charge;
“termination” in relation to any right, consent, agreement or document, includes any termination, rescission, cancellation, discharge, determination, release, avoidance, setting aside, invalidity, invalidation, surrender, repudiation, disclaimer, abandonment, forfeiture, loss, writing off, redemption, forgoing, expiry, extinguishment, repeal, discontinuance, revocation or withholding of that right, consent, agreement or document, or any acceptance of any termination within any previous meaning;
“termination date” means the later of:
- the Initial Termination Date; and
- any subsequent date of termination of the Agreement as extended under clause 2.4 (Supply Period Extension);
“transfer” in relation to any asset, includes any conveyance, transfer, assignment, assurance, factoring, discounting, bailment, delivery of possession, payment, sale, purchase, vesting, realisation, exchange or disposal of, or dealing with, that asset;
“validity” in relation to any agreement, document, right or consent, includes the validity, subsistence, enforceability, legality, recoverability, propriety, regularity, and maintenance in full force and effect of that agreement, document, right or consent;
“waiver” includes waiver, indulgence, forbearance, or extension of time;
“warranty period” means the period of 90 days commencing on the date of this Terms and Conditions;
“writing” means any method or means of communication or reproduction of words in a tangible and permanently visible form, including facsimile transmission.
F4MG may at any time at its sole discretion modify the Agreement from time to time, and any such changes will: (i) be reflected on the Website; (ii) not apply retroactively; and (iii) not apply to any disputes arising prior to the effective date of such change. The Client agrees to be bound to any such changes and understands the importance of regularly reviewing the Agreement as updated on the Website. Notwithstanding anything to the contrary herein, F4MG reserves the right to change, alter, or modify any part of this terms and conditions at any time and from time to time, with or without notice. The Client agrees that F4MG shall have no liability to the Client or any third party for any change, alteration, modification, suspension, discontinuance, or amendment of F4MG’s Website.
F4MG employ the use of cookies. By accessing this website, the Client agrees to the use of cookies in agreement with F4MG’s Privacy Policy. Most interactive websites use cookies to retrieve Client details for each visit. Cookies are used on F4MG’s website to enhance the functionality of certain areas, making it more convenient for website visitors. Additionally, some of F4MG’s affiliate and advertising partners may also utilise cookies. By using the website, the Client signifies their acceptance of the terms and conditions.
F4MG maintains the Website. F4MG accepts payment by Visa or Mastercard debit and credit cards for their services. It will not trade with or provide any services to OFAC and sanctioned countries. Cardholders must retain a copy of transaction records and F4MG’s policies and rules. The Client is responsible for maintaining the confidentiality of their accounts. The Client using the website who are Minor /under the age of 18 shall not register as a Client of the website and shall not transact on or use the website.
Unless otherwise stated, F4MG and/or its licensors own the intellectual property rights for all material on F4MG’s platform. All intellectual property rights are reserved. The Client may access this from F4MG for their own personal use, subject to restrictions set forth in the terms and conditions.
The Client agrees not to republish, sell, rent, or sub-license, reproduce, duplicate or copy material, and not to redistribute any content from F4MG’s website. The Agreement shall commence on the date hereof. Certain sections of the website offer and allow clients to post and exchange opinions and information in certain areas of the website. F4MG does not filter, edit, publish, or review comments prior to their presence on the website. Comments posted on the website do not necessarily reflect the views and opinions of F4MG, its agents and/or affiliates. Instead, they reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, F4MG shall not be liable for the comments, or any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website. F4MG reserves the right to monitor all comments and to remove any comments that can be considered inappropriate, offensive, or in violation of these terms and conditions.
Clients affirm that they are entitled to post the comments on F4MG website and have all necessary licenses and consents to do so. Additionally, Clients declare that the comments do not infringe any intellectual property rights, including but not limited to copyright, patent, or trademark of any third-party. Furthermore, the comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material that would constitute an invasion of privacy. Clients also agree that the comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activities. Clients hereby grant F4MG a non-exclusive license to use, reproduce, edit, and authorise others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.
The following organisations may link to F4MG’s website without prior written approval:
- Government agencies, search engines, news organisations, and online directory distributors may link to F4MG’s website in the same manner as they hyperlink to the websites of other listed businesses and system-wide accredited businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups, which may not hyperlink to the website. These organisations may link to F4MG’s homepage for publications or other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
F4MG may consider and approve other link requests from the following types of organisations:
- Commonly known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law, and consulting firms; and educational institutions and trade associations. F4MG will approve link requests from these organisations if it decides that: (a) the link would not make F4MG look unfavourably to itself or to its accredited businesses; (b) the organisation does not have any negative records with F4MG; (c) the benefit to F4MG from the visibility of the hyperlink compensates the absence of the company; and (d) the link is in the context of general resource information. These organisations may link to our homepage so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to F4MG’s website, you must inform by sending an e-mail to F4MG. Please include your name, your organisation name, contact information, the URL of your website, a list of any URLs from which you intend to link to the website, and a list of the URLs on the website to which you would like to link. Wait 2-3 weeks for a response.
Approved organisations may hyperlink to our website as follows:
By the use of F4MG’s corporate name, or by the use of the uniform resource locator being linked to; or by the use of any other description of F4MG’s website being linked to that makes sense within the context and format of content on the linking party’s website. No use of F4MG’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, Clients may not create frames around F4MG’s web pages that alter in any way the visual presentation or appearance of the website.
F4MG shall not be held responsible for any content that appears on the Client’s website. The Client agrees to protect and defend F4MG against all claims arising on the Client’s website. No link(s) should appear on any website that may be interpreted as libellous, obscene, or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
Clients will not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the services, except as expressly permitted by F4MG; (iii) decompile, reverse engineer, or disassemble the services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or (vi) attempt to gain unauthorised access to or impair any aspect of the services or its related systems or networks; or access F4MG’s website, services(s) and/or content in order to: (a) design or build a competitive product or service; (b) design or build a product using similar ideas, features, functions or graphics of the application device(s) and/or content; or (c) copy any ideas, features, functions or graphics of the application device(s) and/or contents.
F4MG reserves the right to request that Clients to remove all or any particular link to its website. Clients must approve of removing all links to F4MG’s website upon request immediately. F4MG also reserves the right to amend these terms and conditions and its linking policy at any time. By continuously linking to the website, Clients agree to be bound to and follow these linking terms and conditions.
If the Client finds any offensive links on F4MG website, they are free to contact and inform F4MG anytime. F4MG will consider the requests to remove links but is not obligated to do so or to respond to them directly. F4MG does not ensure that the information on this website is correct; it does not warrant its completeness or accuracy, nor does it promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, F4MG excludes all representations, warranties, and conditions relating to its website and the use of the website. Nothing in this disclaimer will:
Limit or exclude F4MG or the Client’s liability for death or personal injury; limit or exclude F4MG or the Client’s liability for fraud or fraudulent misrepresentation; limit any of F4MG or the Client liabilities in any way that is not permitted under applicable law; or exclude any of F4MG or the Client liabilities that may not be excluded under the applicable law. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph and (b) govern all liabilities arising under the disclaimer, including liabilities arising in the Agreement, in tort and for breach of statutory duty.
Client agrees and undertakes that during the term of the Agreement, they shall not enter into any arrangement similar to the arrangement or is of subject matter as contemplated under the Agreement with any entity, individual or corporate body engaged in this and/or similar business. F4MG can assign this Agreement to an entity controlling, controlled by, or under common control with that Party (each being an “Affiliate”). Neither Party’s failure to enforce the other Party’s strict performance of any provision of this Agreement will constitute a waiver of the first Party’s right to subsequently enforce such provision or any other provision of this Agreement. In the event of any discrepancy between the contractual documents, the order of precedence is the following, except that specific portions of a lower-ranking document may supersede specified portions of a higher-ranking document expressly noted: (i) the Agreement, (ii) Schedule of Fees. The Parties are independent contracting parties. Nothing in this Agreement will be construed to create a partnership, joint venture, personnel leasing or any other relationship between the Parties.
A Party shall not be obliged to perform any of its obligations herein if it is prevented from doing so by a force majeure situation. “Force majeure” events shall include events beyond the reasonable control of the Parties, including acts of God, acts of government, acts of nature, strikes or riots, pandemics, epidemics (including any event that occurs directly or indirectly as a result of the COVID-19 pandemic), or act of war, but does not include any event which the Party affected could have avoided or overcome by exercising a standard of reasonable care at a reasonable cost; or any event due to a lack of funds for any reason or any inability to pay any fees. If a force majeure situation lasts more than thirty (30) days, either Party may terminate the agreement upon written notice to the other Party.
Clients expressly hereby release and waive all claims against F4MG and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to the use of the F4MG’s Website. Clients understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and accept and assume the risk of such possible differences in fact. In addition, Clients expressly waive and relinquish any and all rights and benefits which may have under any other state or federal statute or common law principle of similar effect to the fullest extent permitted by law.
The Client will use the services provided by F4MG’s Platform, its affiliates, and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Platform. The services offered through F4MG’s Platform are subject to the respective Service Provider’s terms and conditions. F4MG will not be liable for any claims or refunds related to these services. The Client is deemed to have engaged in the services of F4MG, and hence the Client confirms that he/she/they agree to the terms and conditions as per both F4MG and the Service Providers website –
- FBP International: https://fbpintl.com/terms-conditions/
- Qualifications Australia: https://qualificationsau.com/terms-and-conditions
- Australian Immigration Experts: https://australianimmigrationexperts.com/terms-conditions/
- Future Forward: https://thefuturefwd.com/terms-conditions/
- EVisa Australia: https://evisaaustralia.com.au/terms-and-conditions/
• The Client accesses the services available on the website and transacts at their sole risk. They use their best and prudent judgment before entering into any dealings through this Platform.
• It is possible that the other Clients (including unauthorised/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that the Client may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about the Client due to their use of the Platform, and the recipient may use such information to harass or injure them. F4MG does not approve of such unauthorised uses, but by using the Platform, the Client acknowledges and agrees that F4MG is not responsible for using any personal information that the Client publicly discloses or shares with others on the Platform. Please carefully select the type of information that is publicly disclosed or shared with others on the Platform.
• The Agreement represents the entire agreement among the Parties regarding the subject matter hereof and the Parties’ respective obligations and commitments herein. No other documents or oral or written agreements among the Parties reflect in any way on the agreements laid out in this Agreement. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.
• F4MG may communicate with the Client through emails, newsletters, and/or service announcements. The Client cannot opt out of receiving service announcements and administrative messages.
• F4MG is Qualifications Australia’s exclusive partner. The Client agrees not to display or use the Qualifications Australia trademark in any manner without prior permission.
• The Client acknowledges that acquiring a Qualification does not guarantee success in the migration process for any country because other factors are also considered by migration authorities. Any decision from any government body regarding migration is beyond the control or influence of F4MG.
• All recurring payments will be made via a third-party payment gateway unless otherwise agreed by F4MG. The Client gives consent to automatically deduct the instalments as specified in the Schedule of Fees via the payment method on file without additional prior notice or approval.
• All sums payable under the Agreement are exclusive of taxes, for which the Client shall be responsible.
• The Parties acknowledge the full legal force and validity of documents executed by a Party using electronic signatures under the DocuSign system and such other electronic signature systems as the Parties may agree in writing.
The Client agrees not to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, or international law.
F4MG’s Obligations: | ||||||||
1. Upon full and clear instructions from the Client, F4MG undertakes to provide documentation consultancy advice and documentation assistance on how the Client can best comply with the documentation requirements to apply for a valid and complete visa application for the relevant country. | ||||||||
2. All information and documents provided to F4MG shall be true, valid, legal, and correct in all respects. Bogus, false, or misleading information or documents, including documents of fake identity, is a criminal offence and can result in visa and review applications being refused and any visas granted based on those documents or information being cancelled. If any information and/or documents are subsequently found to be otherwise, F4MG is not responsible for any liabilities, consequences, or actions whatsoever. | ||||||||
3. The Client shall notify F4MG of any change in address, contact details, or if there is any change in the Client’s circumstances, which may affect the application, within 3 (three) days of the change. | ||||||||
4. The Client shall not sell property, leave employment, or finalise business or personal matters until written advice or approval has been received from the respective Government department. | ||||||||
5. The Client agrees to submit their documents to F4MG within 20 (twenty) working days after receiving the documentation checklist. If delayed, F4MG will not be responsible for any retrospective changes in the laws, policies, procedures, and regulations that may adversely affect the Client’s application. In the event of any such changes, at any given point of time, from any of the relevant authorities, the Client then agrees to pay the appropriate fees to the relevant authorities and any related disbursements to F4MG including but not limited to any and all add-on services as per actuals; | ||||||||
6. In completing the Client Information Questionnaire, the Client is required to answer all questions accurately and completely; where the Client Information Questionnaire is returned to F4MG with missing information, F4MG will return it to the Client for amendment; | ||||||||
7. Acceptable documentation formats:
| ||||||||
8. The Client is required to provide colour scans of original documentation. The Client shall ensure that copies of documentation is accepted by F4MG; | ||||||||
9. The maximum size of a file must not exceed 3MB; | ||||||||
10. The Client provides consent to use and publish their name and the photograph(s) and/or video(s) (which may contain their image) in any of its publications and materials (including written, electronic, or multimedia materials) for distribution anywhere in the world, for educational, promotional, or reporting purposes. The Client also acknowledges that they are not entitled to any remuneration, royalties, or any other payment in respect of the use of the photograph(s) and/or video(s); | ||||||||
11. The Client is required to track the status of their application through their Online Client Portal and to check the inbox of their registered email address on a regular basis for any communication sent by F4MG. | ||||||||
PROCESSING OF CLIENT’S APPLICATION: | ||||||||
12. The final decision on any application submitted to the relevant authority lies solely with that authority and is beyond the control or influence of F4MG; | ||||||||
13. In the event that an application is rejected (includes but is not limited to skills assessment application, state/territory government application and visa application) and if the Client instructs F4MG to proceed with a re-assessment and/or appeal, the Client agrees to pay the appropriate fees to the relevant authority and any related disbursements to F4MG for the additional documentation collection services including, but not limited to, any and all add-on services as per actuals; | ||||||||
14. In most cases, the relevant assessing authority will provide a re-assessment and/or appeal option if the Client does; | ||||||||
15. The approximate processing time of a skills assessment application and/or state/territory application is twelve weeks once the relevant assessing authority receives all documents required for the assessment. Some applications may take longer depending on the complexity of the case and/or the selection criteria of the state/territory government. As each case is different, time frames can vary depending on the type of case and the investigations that might be required; | ||||||||
16. The Client’s case is accepted by our authorised International Associate considering the eligibility of the Client on the day of acceptance and signing of the Agreement; | ||||||||
17. The Client hereby authorises F4MG to outsource portion/part or all of the work to its authorised International Associate as and when required; | ||||||||
18. All payments due under the Agreement will be paid to F4MG and as per F4MG’s payment terms and conditions and authorised payment methods; | ||||||||
19. F4MG is only a documentation consultancy company and will not be liable or held responsible for any retrospective changes in the laws, policies, procedures, and regulations that may adversely affect the Client’s application to the relevant authority and/or Government department; | ||||||||
20. The Client agrees and understands F4MG is only a documentation consultancy firm and cannot give any type of guarantee for obtaining any type of visa; | ||||||||
21. F4MG will not be considered in breach of the Agreement to the extent that performance of their obligations is prevented by an Event of Force Majeure that arises after the date the Agreement is executed between the Client and F4MG. For the purpose of the Agreement, an ‘Event of Force Majeure; means any circumstance not within the reasonable control of F4MG, but only if and to the extent that: (i) such circumstance cannot be, or be caused to be, prevented, avoided or removed by F4MG including but not limited to the following: acts of God; acts or omissions of any government; any rules, regulations or orders issued by any governmental authority, department, agency; fire; flood; storm; earthquake; accident; war; power outage; and (ii) such circumstance materially and adversely affects the ability of F4MG to perform its obligations under the Agreement; | ||||||||
22. It has been agreed between the parties that the service charges which are paid by the Client are not refundable regardless of the outcome of the Client’s application. | ||||||||
23. F4MG will not refund any of the total service fees and actual expenses incurred by the Client and will be entitled to retain full payment if: | ||||||||
24. All service fees and expenses payable pursuant to the Agreement must be paid together with value added tax or any similar tax (if any) properly chargeable thereon in any jurisdiction as required. | ||||||||
TERMINATION: | ||||||||
25. The service fees are only for documentation consultancy and collection advice fee of F4MG and do not include air tickets to the Client’s respective destination, police clearance certificate(s), and health examination(s). All other relevant authorities’ fees must be borne by the Client at actuals. The service fees are not refundable regardless of the outcome of the Client’s application. | ||||||||
26. If any of the above fees are cancelled and/or not received by F4MG by the agreed date for any reason whatsoever, then the application of the client will be placed on hold with immediate effect by F4MG with a one-month grace period. For the application to continue further, the client will have to pay the full pending balance amount in addition to a penalty fee as applicable at that time, within this one-month grace period. If the Client exceeds the one-month grace period, then the application, the Online Client Portal and the contract will be closed, and the no-refund policy will apply. If the Client decides to resume their application after the one-month grace period, the Client will require a new assessment, new contract and pay the service fees applicable at that time. | ||||||||
27. If the Client approaches any government, non-government authorities and/or any relevant bodies related to their application directly and does not go through the appropriate channel as advised by F4MG; | ||||||||
28. The Agreement will be governed by and construed in accordance with the laws of Dubai, United Arab Emirates (UAE) as per the Governing law mentioned herein below. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity, or termination, shall be subject to the jurisdiction of the Courts of Dubai, UAE for Clients Globally. | ||||||||
SERVICE LEVEL AGREEMENT: | ||||||||
29. Email is the official and primary means of written communication. The Client agrees that contacting F4MG through other methods of communication, including, but not limited to, text messages, social media (Skype, WhatsApp, Viber, and Facebook etc.) to arrange appointments or to pass information is not acceptable practice and F4MG reserves the right not to respond to any query which is not sent by email and/or any other email address that is instructed in writing to the Client; | ||||||||
30. Any documents from F4MG will be made available to download from the Online Client Portal; | ||||||||
31. The services will be rendered in a reasonable manner, in accordance with the performance standards and service levels described in the Documentation Timeline Chart. | ||||||||
32. The Client has read the Agreement, its conditions and the Payment Terms and is willing to take documentation consultancy advice for their application as per the Agreement and will abide by all its conditions and clauses. The Agreement has been read by the Client and he/she has fully understood its contents. The Client agrees that the Schedule of Fees of F4MG forms part and parcel of the main Agreement and is executed by the Client with F4MG. The Fee(s) paid to F4MG are via third party online payment gateway and are subject to Australian dollar conversion rates, administrative charges, surcharges, and other relevant service charges may also apply. | ||||||||
33. The terms and conditions of the agreement can be changed and/or modified at any time deemed necessary by F4MG without prior notification to anyone. This offer is launched by F4MG independently and there is no partnership between F4MG and the Client in this offer. F4MG has the sole discretion to modify this offer at any time. | ||||||||
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The company has appointed Agent(s)/Franchise(s), both individual and/or their listed company/companies and/or nominees, the rights to represent the company by providing various services (the “Services”), like but not limited to Immigration, Qualification, Visa Assistance, English Training Consultancy Services, a including but not limited to marketing, sales and consultation, and/or any further services as advised by the company; NOW, THEREFORE, based on above premises and in consideration of the terms and conditions set forth herein, the Agent/Franchise agrees to the following:
OPERATIVE PROVISIONS
Agreement Term
The term of the Agreement shall continue to exist till the duration agreed by the Agent/Franchise and the Company (the “Term”) and/or until termination, from the date of commencement. Each year of the Term, as measured from the date of the Agreement, is a “Contract Year.” It is also agreed that the Company gives the Agent/Franchise the first right of refusal to renew these rights as per the terms & conditions of the agreement, at an agreed fee mutually by the Company and the Agent/Franchise. If the Agent/Franchise agrees to renew its term/subscription, then the Agent/Franchise agrees to pay the renewal no later than 7(seven) days from the date of renewal.
Purpose
The Agreement is solely for the purpose to ensure understanding and compliance of the Company regarding the rights, obligations, and objectives outlined herein, and/or other related services offered by the Company from time to time.
Payment to be done by the Agent for acquiring and running the Agency/Franchisee.
The Agent/Franchise agrees to pay the Company a non-revocable & nonrefundable payment agreed by the Agent/Franchise and the Company for the agreed Term or Duration. The Company agrees to accept the payments done by the Agent to acquire the Agency/Franchisee rights for the mutually agreed term.
Revenue Share – Commission Structure – Service Fees and Commissions Payable
The Company shall pay the Agent(s)/Franchise(s) a percentage of the gross revenue received by the Company from the sale of services provided by the service providers, starting from the commencement of the Agreement, as mutually agreed upon. Please check the percentages (%) in the relevant type of Agent(s)/Franchise(s) as mentioned below.
All client payments for the Services offered by and through the Agent(s)/Franchise(s) must only be paid directly to the authorised account(s) nominated by the Company.
Cash payment from end clients for the Services offered by the Agent/Franchise is an unacceptable mode of payment without prior written approval from the Company.
Disbursements of commissions to the Agent(s)/Franchise(s) is given of the client contract value (ccv) as per the instalments received in actuals. The commission of the current month is given in the following of the next month, by the 10th of that month.
Commitments
Beginning as of the date of the Agreement, the Agent/Franchise agrees as follows:
Marketing
With respect to advertising of the Services, the Agent(s)/Franchise(s) agrees to consult with the Company and to keep the Company reasonably appraised of its marketing plans and activities. To comply with Company’s then-current customary marketing support policies and practices to the extent that they are reasonable and practicable. The Company shall have the right to suggest such plans. The Company shall exercise its approval rights in a timely and reasonable manner when the Company and/or Service Provider’s LOGO is used.
The Company allows the Agent(s)/Franchise(s) to use its name in their marketing material and advertisements, but with express written approval from the Company every time, via email or WhatsApp, and before the Agent(s)/Franchise(s) publishes or markets its advertisement(s).
The Agent(s)/Franchise(s) agrees that marketing and information activities formulates an important part of the business activities. It is of essential importance that the Agent(s)/Franchise(s) executes marketing campaigns and activities, which are supposed to be planned and executed by Agent(s)/Franchise(s). With due adherence, the Agent(s)/Franchise(s) shall, arrange publicity in the location(s) and carry out sales promotion activities while complying with the publicity strategy and concepts developed by the Company’s pursuant to its Agency/Franchisee program, if applicable. The Agent(s)/Franchise(s) agrees and is liable for all plans and budgets related for the publicity and sales promotion activities to be carried out during the term period of the agreement.
Lodgments
The relevant Service Provider(s) will be responsible for the lodgment of all Signed Client applications. Lodgments include but are not limited to:
- Visa Application; and
- Any other relevant lodgment(s) as per current authorities.
For more information, please refer to Section “Service Providers and Third Parties” of this Terms & Conditions.
Placement
The Agent(s)/Franchise(s) shall exercise in good faith commercially viable efforts and plans to maximise revenue on the sale of the Services.
Reporting
At no cost or expense to the Company, the Agent(s)/Franchise(s) will provide to the Company, electronic access to all the Agent(s)/Franchise(s) information in relation to the Services. For example, weekly summaries in such form as may be reasonably specified by the Company from time to time, of all performance information as to the Agent(s)/Franchise(s) sales of the Services including but not limited to daily sales data and other related report from the Location(s).
Review
At every 90 (ninety) calendar days, the company and the Agent(s)/Franchise(s) shall discuss and/or meet in good faith to review the performance of the Agent(s)/Franchise(s) and the terms of the Agreement. Should no agreement be reached between the company and the Agent(s)/Franchise(s) with respect to adjusting or amending the terms of this Agreement, then-current terms of this Agreement shall remain in full force and effect.
Public Disclosure
Each party agrees that no press release or public announcement relating to the existence or terms of this Agreement (including within the context of a trade press or other interview or advertisement in any media) shall be issued without the express prior written approval of the other party hereto.
Confidentiality, Secrecy, & Intellectual Rights
Confidential Information-
The Contract Agreement and all other information disclosed by the Company and the Agent(s)/Franchise(s) to each other is confidential and the Company and the Agent(s)/Franchise(s) will ensure that all information remains confidential, except that the Company and the Agent(s)/Franchise(s) may make disclosure to their relevant advisors or as otherwise required by the law.
The Intellectual Property of the Company and the Agent(s)/Franchise(s) prior to entering into this Agreement will remain the Company’s property and will be kept confidential by the Company and the Agent(s)/Franchise(s) from any disclosure to any other person or corporation in any form whatsoever during this Agreement unless with the prior written consent from the disclosing party. Intellectual Property rights includes, but is not limited to; copyright, trademark, design, patent, semiconductor or circuit board layout rights, trade, business or Company names, Service Provider’s names, know-how or other form of confidential information or other proprietary rights, or any rights to registration of such rights where such rights are created specifically in performance of the services and irrespective of whether such rights are created elsewhere.
The Company and the Agent(s)/Franchise(s) acknowledge that the Confidential Information is solely and exclusively the property of the disclosing party. Except as authorised or required by this Agreement, the receiving party shall not use or disclose, to any person or persons or company any Confidential Information, which it obtains or learns during the term of this Agreement. The restrictions contained under this clause shall continue to apply after the termination of this Agreement and/or all future agreements but shall cease to apply to information contained in the public domain.
The Company and the Agent(s)/Franchise(s) agree to retain all said information as confidential and not to use said Information on its own behalf or disclose to any third party. The Company and the Agent(s)/Franchise(s) also agree to exercise reasonable security measures to prevent accidental disclosure.
The duties and obligations of the Company and the Agent(s)/Franchise(s) to maintain the confidentiality of the Confidential Information shall last indefinitely, regardless of any other term of the Agreement and/or Terms and Conditions.
Intellectual property rights / secrecy
The intellectual property rights (trademarks, signs, models, designs, etc.) and the rights related to the website, for which Company grants the right of revocable and non-exclusive use to Agent(s)/Franchise(s) under this Agreement, remain the property of Company. Agent(s)/Franchise(s) rights for the IPR granted under this Agreement shall automatically lapse upon termination of the Agreement. Neither during the term of the Agreement nor after its termination, Agent(s)/Franchise(s) will not attempt to claim ownership of such rights and/or arrange registration thereof in its own name.
The Agent(s)/Franchise(s) shall immediately inform the Company if it comes to its attention, that Company’s and/or Service Providers’ intellectual property rights, website and domain name registrations have been infringed by third parties, this applies in case of copying of Company’s and/or Service Provider’s products and trademark infringements. The Agent(s)/Franchise(s) agrees to maintain in confidence and make no use of, except during Agent(s)/Franchise(s) performance herein, all data and information relating to Company’s program and the Products and Services related thereto, including data and information provided by Company on execution of this Agreement (also including information on strategy, sales data, purchasing data). Agent(s)/Franchise(s) obligation herein shall survive in any case termination of Agency/Franchisee rights with respect to any Products and Services herein and the termination of the Agreement whether partially or in its entirety, but shall not apply to the extent that Agent(s)/Franchise(s) is able to demonstrate from its written records that such data or information was already in its possession at the time of disclosure to it, or if such data or information was in the public domain at such time or subsequently became part of the public domain without the fault of the Agent(s)/Franchise(s).
No Right to Use Names
Neither the Agent(s)/Franchise(s) nor their Location(s), shall acquire any right to use the names, nor shall use any copyrights, trademarks, characters or designs owned or controlled by the Company, its Service Providers or any of its Affiliates, including but not limited to:
Name(s) and Logo(s) | F4 Migration Guru, F4-MG, F4MG, FBP International, FBP, Australian Migration and Settlement Experts, Qualifications Australia, QA, Future Forward, FF, Australian Immigration Experts, AIE, Aussie English, E-Visa, and/or anything related but not limited to the Company, its Service Provider(s) and/or Master Franchise(s), even in the future. |
alone or in conjunction with other words or names, in any advertising, publicity or promotion, either express or implied, without express written approval from the Company every time, via email or WhatsApp, in each case, and in no case shall any Agent(s)/Franchise(s) and/or their Location(s) advertising, publicity, or promotion, express or imply any endorsement of the same.
Documents
All documents of any kind furnished pursuant or relating to the business opportunities, the Company, its networks and discussions shall remain the sole property of the Company. The Agent(s)/Franchise(s) shall return all documents and all copies to the Company upon written request demand from the Company, whenever deemed necessary by the Company. The Agent(s)/Franchise(s) will keep all such documents and copies secure and control access to them, while they are in its possession or control.
Non-Circumvention
During the term of the Agreement, all future agreements and after the expiry of all future agreements notwithstanding the cause or reason for the expiry, Agent(s)/Franchise(s) agrees not to directly or indirectly contact, deal with, transact, or otherwise be involved with but not limited to any corporation, partnership, proprietorships, trust, individuals, or any other entities introduced and/or involved with the Company, without prior written consent from the Company.
During the term of the Agreement, all future agreements and after the expiry of all future agreements, notwithstanding the cause or reason for the expiry, Agent(s)/Franchise(s) agrees not to either directly or indirectly, on its own behalf or in the service or on behalf of others, solicit, or attempt to solicit, induce, recruit, partner, encourage or otherwise endeavor to cause or attempt to cause:
- Any employee, partner, Service Provider(s), contractor or consultant of the Company.
- Any person, Agent(s)/Franchise(s) or entity(s) whose application was and/or is serviced by the Company.
- Any person, Agent(s)/Franchise(s) or entity(s) who is or has been a client of the Company prior or during the term of this Agreement.
- Any person, Agent(s)/Franchise(s), Service Provider(s), or entity(s), that the Company has targeted and contacted for the purpose of establishing a client-relationship; and
- To terminate or reduce its relationship with the Company.
In the event that the Agent(s)/Franchise(s) is contacted by any person or entity(s) that has an existing relationship with the Company, the Agent(s)/Franchise(s) will refer the person or entity(s) back to the Company, both verbally and in writing to the Company.
Non-Competition
For good and valuable consideration the receipt of which is hereby acknowledged, Agent(s)/Franchise(s) agrees not to compete with the business of the Company and its successors directly or indirectly.
The Agent(s)/Franchise(s) shall not own, manage, operate, consult, or be employed in a business substantially like, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of this Agreement and future agreements. This clause shall be in full force and effect during the period of this Agreement and for 2 (two) years following the termination of this Agreement, notwithstanding the cause or reason for termination.
Company’s Representations and Warranties
The Company represents and warrants that:
- There is no broker, finder or intermediary involved in connection with the negotiations and discussions incident to the execution of the Agreement, and no broker, finder, Agents or intermediary who might be entitled to a fee, commission or any other payment upon the consummation of the transactions contemplated by this Agreement.
- This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of the Agent(s)/Franchise(s) enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganisation, moratorium or other similar laws now or hereinafter in effect, affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law; and
- The execution, delivery and performance of this Agreement does not, and will not, violate any provisions of the Company and the Agent(s)/Franchise(s) counties’ articles or certificates of incorporation and bylaws, or any contract or other Agreement to which Company and the Agent(s)/Franchise(s) is a party.
- The Agent(s)/Franchise(s) is liable to immediately notify the Company if / when there is any change of ownership / partnership / share control within its Business to further execute this agreement and will be subject to the Company’s agreement on same.
- The Agent(s)/Franchise(s) shall not have the right to assign the Agreement and/or contract, or any of its rights and privileges hereunder to any other person, firm or corporation, or a subsidiary or affiliate, without Company’s prior consent, and the Agent(s)/Franchise(s) shall be liable for any obligations accruing hereunder after the effective date of such assignment; provided the assignee shall expressly assume and agree to perform obligations under the Agreement and/or Contract and is reasonably capable of performing them.
- This Agreement has been entered into by the Company in reliance upon and in consideration of the personal skills and qualifications of the Agent(s)/Franchise(s) and the trust and confidence reposed in the Agent(s)/Franchise(s) or, in the case of a corporate or partnership Agency/Franchisee, the principal officers or partners thereof who will actively and substantially participate in the ownership and operation of the Agency/Franchisee as contemplated by the Agreement. Therefore, neither the Company’s interest in this Agreement nor any of its rights or privileges hereunder shall be assigned or transferred, voluntarily or involuntarily, in whole or in part, by operation of law or otherwise, in any manner, without the prior written approval of the Company. The Company may impose any reasonable condition(s) to the granting of its consent to such assignment.
- The Agent(s)/Franchise(s) shall not in any event have the right to pledge, encumber, charge, hypothecate or otherwise give any third party a security interest in this Agreement in any manner whatsoever without the express prior written permission of the Company, which permission may be withheld for any reason whatsoever in Company’s sole subjective judgment.
Force Majeure
The duties and obligations of the parties hereunder may be suspended upon the occurrence and continuation of any “Event of Force Majeure” which inhibits or prevents performance hereunder, and for a reasonable start-up period thereafter. An “Event of Force Majeure” shall mean any act, cause, contingency or circumstance beyond the reasonable control of such party (whether or not reasonably foreseeable), including, without limitation, to the extent beyond the reasonable control of such party, any governmental action, nationalisation, expropriation, confiscation, seizure, allocation, embargo, prohibition of import or export of goods or products, regulation, order or restriction (whether foreign, federal or state), war (whether or not declared), civil commotion, disobedience or unrest, insurrection, public strike, riot or revolution, lack or shortage of, or inability to obtain, any labor, machinery, materials, fuel, supplies or equipment from normal sources of supply, strike, work stoppage or slowdown, lockout or other labor dispute, fire, flood, earthquake, drought or other natural calamity, weather or damage or destruction to plants and/or equipment, commandeering of vessels or other carriers, resulting from acts of God, or any other accident, condition, cause, contingency or circumstances including death (without limitation, acts of God). Neither party shall, in any manner whatsoever, be liable or otherwise responsible for any delay or default in, or failure of, performance resulting from or arising out of or in connection with any Event of Force Majeure and no such delay, default in, or failure of, performance shall constitute a breach by either party hereunder. As soon as reasonably possible following the occurrence of an Event of Force Majeure, the affected party shall notify the other party, in writing, as to the date and nature of such Event of Force Majeure and the effects of same.
Indemnification
Each party (the “Indemnifying Party”) shall indemnify and hold the other party and its Affiliates and their respective employees, officers, Franchisee, Agency, Agent(s), attorneys, stockholders and directors, and their respective permitted successors, licensees and assigns (the “Indemnified Party(ies)”) harmless from and against (and shall pay as incurred) any and all claims, proceedings, actions, damages, costs, expenses and other liabilities and losses (whether under a theory of strict liability, or otherwise) of whatsoever kind or nature (“Claim(s)”) incurred by, or threatened, imposed or filed against, any Indemnified Party (including, without limitation, (a) actual and reasonable costs of defense, which shall include without limitation court costs and reasonable attorney and other reasonable expert and reasonable third party fees; and (b) to the extent permitted by Law, any fines, penalties and forfeitures) in connection with any proceedings against an Indemnified Party caused by any breach (or, with respect to third party claims only, alleged breach) by the Indemnifying Party of any representation, term, warranty or agreement hereunder. Neither party shall settle, compromise or consent to the entry of any judgment in or otherwise seek to terminate any pending or threatened Claim in respect of which the Indemnified Party is entitled to indemnification hereunder (whether or not the Indemnified Party is a party thereto), without the prior written consent of the other party hereto; provided, however, that the Indemnifying Party shall be entitled to settle any claim without the written consent of the Indemnified Party so long as such settlement only involves the payment of money by the Indemnifying Party and in no way affects any rights of the Indemnified Party.
Remedies
No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and except as otherwise expressly provided for herein, each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise and no provision hereof shall be construed so as to limit any party’s available remedies in the event of a breach by the other Party hereto. The election of any one or more of such remedies by any of the parties hereto shall not constitute a waiver by such party of the right to pursue any other available remedies.
Parties Bound
Upon accepting the Terms and Conditions, this Agreement shall be binding upon Agent(s)/Franchise(s) and their heirs, successors, associates, affiliates, and assigns. The Agent(s)/Franchise(s) shall take all reasonable steps to ensure that his/her employees, agents, representatives, officers, independent contractors, shareholders, principals and other third parties abide by the provisions of this Agreement.
Relationship
The Company shall not be liable for any Agent(s)/Franchise(s) commitments or liabilities resulting from execution of this Agreement and future agreements.
Assignment
The Agent(s)/Franchise(s) cannot assign its rights and obligations under this Agreement and all future agreements to any other party(s), without prior written consent from the Company.
Conflict of Interest
The Agent(s)/Franchise(s) warrants that before entering into this Agreement it has disclosed to the Company all past, current and anticipated interests of the Agent(s)/Franchise(s), which may conflict with or restrict the Agent(s)/Franchise(s) in performing the services fairly and independently.
Term and Termination
The Agreement shall continue to be in existence until terminated.
This Agreement can be terminated by the Company with immediate effect on the occurrence of any one of the following events:
- Upon the cessation of business of the Agent(s)/Franchise(s).
- The Agent(s)/Franchise(s) commits any breach of any clause of the Agreement; or for any other reason(s) agreed by the Company and the Agent(s)/Franchise(s).
- Upon Non-Performance, i.e. not generating clients as per agreed by the Agent(s)/Franchise(s).
- The Agent(s)/Franchise(s) has a failure in any payments that are committed as per the agreement.
- NON-DISCLOSURE of any change of Agency or Franchisee program / Agency or Franchisee ownership / partnership / share control within the Business done without approval of the Company.
Once this agreement is terminated, the Agent(s)/Franchise(s) will have no rights over the Agency(s)/Franchisee(s) and will have no right to represent the Company in any form or manner and will hand over all the Company credentials and marketing activities back to the Company in good faith. The Company will have all right to cease all marketing and promotional materials including but not limited to CRM access, websites, forms, payment gateway facilities, SMM pages etc. Upon return of all the Company property and detailed hand over, The Company agrees to fulfill all financial commitments to Agent(s)/Franchise(s) up until date of termination of this Agreement, again upon a complete handover of all their existing signed and prospective clients to the Company.
Defamation
It is agreed to the extent permissible by law, that the Agent(s)/Franchise(s) will not defame, disparage, or make false or deceptive or any allegations, or any sort of communication about or against the Company and/or its Service Provider(s), its associations and/or its nominees to anyone, whether to, but not limited to the press, media, social media, employees, clients, investors, any government authority(s) or otherwise. In doing so the Company will have all right to pursue legal action against the people who do so and will be fully responsible for all damages to the Company including but not limited to legal fees, court charges, opportunity loss and/or any losses incurred by the Company in doing so.
Miscellaneous
- The Agreement, embodies the entire understanding of the parties with respect to the subject matter hereof and may not be altered, amended, or otherwise modified except by an instrument in writing executed by both parties.
- The headings in this Agreement are for convenience of reference only and shall not have any substantive effect.
- All rights and remedies granted to the parties hereunder are cumulative and are in addition to any other rights or remedies that the parties may have at law or in equity.
- Should any non-material provision of the Agreement be held to be void, invalid or inoperative, as a matter of law the remaining provisions hereof shall not be affected and shall continue in effect as though such unenforceable provision(s) have been deleted here-from.
- Unless otherwise indicated, all monetary amounts referenced herein shall refer to and be paid in the currency specified in the Schedule of Fees of the Client Contract and/or as specified.
- If the Company will refund any service charges and/or fees to a Signed Client, the Agent(s)/Franchise(s) does not have any of the right to retain its share of service charges for its time, consultancy services and/or work performed and carried out.
- No waiver of any right under or breach of the Agreement shall be effective unless it is in writing and signed by the party to be charged.
- None of the provisions of the Agreement is intended for the benefit of or shall be enforceable by any third parties.
- All rights to the Agent(s)/Franchise(s) will be passed on once the Agent(s)/Franchise(s) completely pay/renew the Agency/Franchisee fees to the Company.
- This Terms & Conditions:
- is the entire agreement and understanding for the Agent(s)/Franchise(s) on everything connected with the subject matter of this Agreement; and
- supersedes any prior agreement or understanding on anything connected with these subject matters.
Severability
If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force.
Notices
All notices shall be in writing and either personally delivered or sent by transmittal by electronic means such as email, and able to be received by the party intended to receive the notice, to the parties at the following address:
Email Address:
email: [email protected]
OPERATIVE PROVISIONS
Exclusivity
In these terms and conditions, which is also the Agreement, is solely for the purposes of having the Master Franchise(s) (“MF”) rights exclusively in the region assigned by the Company, for but not limited to Immigration, Qualification, Visa Assistance, English Training Consultancy Services and/or other related services offered by the Company from time to time. The Company shall not operate and/or grant another MF to anyone in the same region as long as this agreement is in effect and valid.
Payment to be done by the Master Franchisee for acquiring and running the MF
The Master Franchise agrees to pay the Company a non-revocable & non-refundable Franchisee Fees as agreed between the Company and the MF. The Company agrees to accept the above-mentioned payments done by the Master Franchise to acquire the Franchise rights for the duration agreed between the Company and the MF.
Deal Summary:
Franchise Deal Summary | |
Location(s) | Country/Region as agreed between the Company and the MF. |
Franchise Fees | As agreed by the Company and the MF. |
Franchise Commission | As mentioned below |
Office Area (Required) | Min. 800 to 1,000 sq.ft. |
Agreement Terms | As agreed by the Company and the MF. |
Renewal Terms | As agreed by the Company and the MF. |
Revenue Share – Commission Structure – Service Fees and Commissions Payable
The Company shall remit to the MF a percentage of the signed services as per below:
- 40% of revenue on all Direct Sales from Client Contract Value (the “CCV”) that the Company may receive from the direct clients of the MF.
- 40% of revenue on Documentation add-ons and up sales, for all Clients signed directly by the MF, that the Company may receive from the direct clients of the MF.
- 15% of revenue on all Indirect Sales from the CCV and the Documentation add-ons and up sales, for all Clients signed by the relevant Agent(s) and/or Franchise(s) appointed by the Company like but not limited to Sales Agent(s), Outsourcing Sales Agent(s) and Sub Franchise(s) in the MF region.
Note: All Authority(s) and all government fees are paid by the client as per actuals. The revenue share is only paid to the MF as per the above points only on the CCV and add-on and up sales fees and NOT on any kind or type of Authority fees, government fees, taxes, administrative charges, payment gateway charges, surcharges and any other relevant service charges of a total of 10% may also apply.
Services Provided by the Company
The Company shall provide the following services to the Master Franchise:
- Technical strategies and visa pathways and/or orientation on all the services facilitated by the Company.
- Technical Training
- Access to training portal for knowledge transfer and updates.
- Setting up, Creating, Configuring the IT Infrastructure for the Business of MF.
- Exclusive Base in MF REGION as agreed.
- Creation of all relevant Social Media pages like Facebook, Instagram, LinkedIn
- Google Business Page Setup
- Google Search Console for SEO tracking
- Google Analytics to monitor Traffic.
- Google Tag Manager
- Google AdWords for paid campaign and keyword research
- Usage of Domain name (www.f4-mg.com)
- MF REGION micro-website
- Listing on the Company and the F4MG website
- Landing pages for marketing
- Access to sales and documentation CRM
- Web forms API integration with Sales CRM
- Website and Landing Page SSL security
- Website and landing page Hosting facility and configuration
- Email Setup for social media
- Business Email Accounts
- Business Email Signature Setup
- Dropbox configuration and setup
- Shutter Stock Images and Video access
- Any other Immigration software and CRMs as deemed necessary.
- Government Authority and Licensing
- Certificate of Association.
- Access to Intellectual Property and relevant Credentials.
- Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationery designs, and access to the promotional and client testimonial videos of the Company. Please note that the usage of logos, as per verbiage and terminology, is only permitted with advice and permission of the Company Management. All designs and content should be approved by the Company’s Marketing Team.
- Access to Government and Investment Projects to Business and Investors as applicable
- Full End-to-End Services from Visa Applications, Settlement Services and other services facilitated by the Company’s Service Providers.
- Access and first right of refusal to any new products/services launched by the Company.
- Access and first right of refusal to all/any projects brought in by the Company.
- Supervising and guiding the MF for all the sales, marketing, and documentation related matters of the Direct and Indirect Clients.
- Oversee that the Service Provider(s) handle all file preparations, liaison with the relevant authorities and government officials, case flows, and lodge applications with the relevant Authority(s)/Government bodies of all Direct and Indirect Clients in a timely manner.
- 90 (ninety) days handholding and training to the MF team and ongoing support and help till the term of the agreement.
- The Company reserves the right to amend the Terms and Conditions at any time without prior notice.
Services Provided by the Master Franchise
The Master Franchise will provide to the best of its capacities, the following services:
- Local Media and Digital Marketing, seminars, generating leads and consulting the prospective client on all and any new services introduced by the Company, getting them to sign up the client, collect and send the basic required documentation as per the checklist to the Company.
- Upon signing the client, the MF agrees to send the sales documentation in one email to the Documentation team and/or Service Provider within 2days of the client paying their fees.
- Payment receipt of the client
- Resume/CV of the client
- Color Passport Copy of the client
- Resume/CV of the client’s dependent above 18
- Color Passport Copy of the client’s dependent above 18
- Any relevant document required.
- Once the Master Franchise’s client does the payment to the Company’s Trust Account, and upon confirmation from the Company, the MF will then sign the contract with the client directly and the MF will proceed with the documentation process directly with client in accordance to the check lists provided by the Company’s Service Provider(s). The Master Franchise shall not engage with any sort of commercial contractual agreements with their clients separately without the knowledge of the Company.
- All client payments are to be received only in the name of the nominated authorised account of the Company, online via Debit/ Credit Card and/or bank transfers. The Master Franchisee is not permitted to receive any monetary payment in any form like but not limited to, in cash or in any other company name, from the client(s), without prior written approval of the Company.
- The Master Franchise shall conduct all communication and correspondence with the Company at its own cost.
- The Master Franchisee will represent the Company’s interests in the Location(s) of MF. The Master Franchisee will report to the Company on a calendar month basis about the business and marketing plans and revenue projections.
- The MF agrees to take over and absorb all existing costs, monthly and/or annual expenses including but not limited to the MF Business license/registration renewal and related fees, rent of premises, Internet, telephone expenses, electricity charges, other utility charges and salaries and incentives to existing local staff of MF and any other operational expansions and/or any other offices that are opened by MF.
- The MF agrees and understands to provide a minimum of 20 to 25 clients per month to the Company, for any services provided by the Company’s Service Providers. Meeting this requirement will ensure that the MF license remains active and is not subject to cancellation.
Note: Please refer to https://f4-mg.com/terms-conditions/ for F4MG (MF) Terms and Conditions.
OPERATIVE PROVISIONS
Payment to be done by the Franchise for acquiring and running the Agency.
The Franchise agrees to pay the Company a non-revocable & non-refundable Agency Fees as agreed between the Company and the Sub Franchise (“SF”). The Company agrees to accept the above-mentioned payments done by the Sub Franchise to acquire the Franchisee rights for the duration agreed between the Company and the Sub Franchise.
Deal Summary
Franchise Deal Summary | |
Location(s) | Region as agreed between the Company and the Sub Franchise. |
Franchise Fees | As agreed by the Company and the Sub Franchise. |
Franchise Commission | As mentioned below |
Office Area (Required) | Min. 300 to 500 sq.ft. |
Agreement Terms | As agreed by the Company and the Sub Franchise. |
Renewal Terms | As agreed by the Company and the Sub Franchise. |
Revenue Share – Revenue Structure – on Service Fees
The Company shall remit to the Franchise a percentage of the gross revenue received by the Company for the services, of the service providers, that are sold on and/or from the commencement of the Agreement as stated below:
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of FBP International (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold by Australian Immigration Expert (AIE) (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of Future Forward (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of e-visa Australia (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Client Contract Fees of the services sold of Aussie English (the “Client Contract”) that the Company receives from the direct clients.
- The Franchisee shall receive 25% of Admission Fees of the services sold of Qualifications Australia that the Company receives from the direct clients.
Note: All Authority(s) and all government fees are paid by the client as per actuals. The revenue share is only paid to the SF as per the above points only on the CCV fees and NOT on any kind or type of Authority fees, government fees, taxes, administrative charges, payment gateway charges, surcharges and any other relevant service charges of a total of 10% may also apply.
Services Provided by the Company
The Company shall provide the following:
- Technical strategies and visa pathways and/or orientation on all the services facilitated by the Company.
- Technical Training
- Sub Franchise micro website with web forms and payment gateway integration.
- Access to training portal for knowledge transfer and updates.
- Assisting the IT Infrastructure for the Business of SF.
- Listing on the Company and the F4MG website
- Landing pages for marketing
- Certificate of Association.
- Access to Intellectual Property and relevant Credentials.
- Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationery designs, and access to the promotional and client testimonial videos of the Company. Please note that the usage of logos, as per verbiage and terminology, is only permitted with advice and permission of the Company Management. All designs and content should be approved by the Company’s Marketing Team.
- Full End-to-End Services from Visa Applications, Settlement Services and other services facilitated by the Company’s Service Providers.
- Access and first right of refusal to any new products/services launched by the Company.
- Access and first right of refusal to all/any projects brought in by the Company.
- Supervising and guiding the SF for all the sales, marketing, and documentation related matters of the Direct and Indirect Clients.
- Oversee that the Service Provider(s) handle all file preparations, liaison with the relevant authorities and government officials, case flows, and lodge applications with the relevant Authority(s)/Government bodies of all Direct and Indirect Clients in a timely manner.
- 30(thirty) days handholding and training to the SF team and ongoing support and help till the term of the agreement.
- The Company reserves the right to amend the Terms and Conditions at any time without prior notice.
Services Provided by the Sub Franchise
The SF will provide to the best of its capacities, on behalf of the company, the following services:
The Sub Franchise will provide to the best of its capacities, the following services:
- Local Media and Digital Marketing, seminars, generating leads and consulting the prospective client on all and any new services introduced by the Company, getting them to sign up the client, collect and send the basic required documentation as per the checklist to the Company.
- Upon signing the client, the Sub Franchise agrees to send the documentation in one email to the Master Franchise (MF) within 2 days of the client paying their fees.
- Payment receipt of the client
- Resume/CV of the client
- Color Passport Copy of the client
- Resume/CV of the client’s dependent above 18
- Color Passport Copy of the client’s dependent above 18
- Once the SF’s client does the payment to the Company’s Trust Account, and upon confirmation from the Company, the MF will then sign the contract with the client directly and the MF will proceed with the documentation process directly with client in accordance to the check lists provided by the Company’s Service Provider(s). The SF shall not engage with any sort of commercial contractual agreements with their clients separately without the knowledge of the Company.
- All client payments are to be received only in the name of the nominated authorised account of the Company, online via Debit/ Credit Card and/or bank transfers. The SF is not permitted to receive any monetary payment in any form like but not limited to, in cash or in any other company name, from the client(s), without prior written approval of the Company.
- The SF shall conduct all communication and correspondence with the Master Franchise and the Company at its own cost.
- The SF will represent the Company’s and its associates’ interests in the Location(s) of the Sub Franchise. The Sub Franchisee will report to the Master Franchise on a calendar month basis about the business and marketing plans and revenue projections.
- The SF agrees to take over and absorb all existing costs, monthly and/or annual expenses including but not limited to the SF business license/registration renewal and related fees, rent of premises, Internet, telephone expenses, electricity charges, other utility charges and salaries and incentives to existing local staff of the SF and any other operational expansions and/or any other offices that are opened by the SF.
- The SF agrees and understands to provide a minimum of 2 to 5 clients per month to the Company, for any services provided by the Company’s Service Providers. Meeting this requirement will ensure that the SF license remains active and is not subject to cancellation.
F4MG maintains a strict zero-tolerance policy towards Harassment, Discrimination, Bullying, Violence, Threats of Violence, Substance Abuse, Fraud Theft, any Unethical Conduct, and any Engagement or Involvement in (as specified here) by the client shall be deemed a material breach of their contract and these Terms and Conditions. In such instances, F4MG reserves the right to terminate the client contract immediately without any prior notice, and the client shall be liable for any resulting damages or losses incurred by F4MG. This policy underscores our commitment to maintaining a safe, respectful, and professional working relationship. During the term and after termination of the client contract or agreement for any reason whatsoever, the Client expressly undertakes not to do anything that might reasonably be expected to damage the business, interests, or reputation of F4MG and will not make or publish any disparaging remarks concerning F4MG, its representatives, or the Services. Any allegation of defamation and/or actual defamation (both oral and published statements) which causes harm to F4MG will lead to the termination of the client contract and/or the agreement, and F4MG has the right to pursue legal action against the Client. Each of the Parties guarantees that all information which is “Confidential Information” received from the other Party before, during and after the conclusion of these terms and conditions shall remain confidential. Information shall, in any event, be Confidential Information if it relates to pricing, discounts, if designated as confidential by either of the Parties or if it is otherwise of a confidential nature. – Confidential Information will not be of a confidential nature if it had already been disclosed to the public at the time it was revealed to the relevant Party.
This Agreement shall be construed and enforced in accordance with the laws of Dubai, United Arab Emirates (UAE) (for Clients/User/Sub-Franchise Globally), without regard to the Client’s state or country of residence. The Client submits to the exclusive jurisdiction of the courts of Dubai, UAE, for the enforcement of the Agreement or any arbitration award or decision arising from the Agreement.
If a dispute arises between the Client and other clients, the Client understands and agrees that F4MG is under no obligation regarding such disputes. To the fullest extent permitted by law, the Client hereby releases F4MG and its affiliates and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from and agrees to indemnify F4MG for any losses incurred in connection with any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
The Client acknowledges and agrees that in case it is unable to resolve disputes with other clients, F4MG has the right to remove the Client from the Website and terminate the Agreement.
F4MG is committed to protecting the privacy and security of its Clients’ personal information. This Privacy Policy explains how it collects, uses, discloses, and safeguards the information when the Client visits the website. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Website.
1. Information F4MG Collects
F4MG may collect the Client’s personal information when they interact through the Website. The types of personal information F4MG may collect include:
• Contact Information, such as name, email address, mailing address, and phone number.
• Identification Information, such as passport number, driver’s license number, or other government-issued identification.
• Immigration Information, such as immigration status, visa application details, and other information related to immigration matters.
• Payment Information, such as credit card number or other payment details.
• Usage Information, such as information about how the Client uses the Website and interacts with F4MG.
2. How F4MG Uses the Information
F4MG may use the information collected for various purposes, including:
• Providing immigration services and assisting with immigration matters.
• Communicating with the Client and responding to their enquiries.
• Processing the payments and fulfilling orders.
• Improving F4MG’s products and services.
• Marketing and promotional purposes, with the Client’s consent.
• Compliance with legal obligations.
3. Disclosure of Client Information
F4MG may disclose the Client’s personal information to third parties in the following circumstances:
• To the service providers who assist F4MG in operating the Website and providing the services.
• To government agencies or authorities as required by law or legal process.
• To third parties with the Client’s consent.
In the event of a corporate transaction, such as a merger or acquisition.
4. Data Security
F4MG takes reasonable measures to protect the Client’s personal information from unauthorised access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure and F4MG cannot guarantee absolute security.
5. Client’s Choices
The Client has certain choices regarding the personal information F4MG collects about them. The Client can choose not to provide certain information, which may limit the Client’s ability to use certain website features. Additionally, the Client can opt out of receiving marketing communications from F4MG by following the instructions provided in those communications.
6. Updates to the Privacy Policy
F4MG may update the Privacy Policy from time to time. Any changes will be posted on this page, and the “Last Updated” date at the top of this Privacy Policy will be revised accordingly. F4MG encourages Clients to review this Privacy Policy periodically for any updates.
7. Contact Us
If you have any questions or concerns about the Privacy Policy or privacy practices, please contact us at [email protected]
The Client hereby authorise F4MG, utilising payment gateway facilities powered by Immigration Business Alliance, trading as IBA Partner, (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’) to employ their nominated third-party online payment gateway provider for processing payments (including but not limited to one-time payments or periodic payments/direct debits) which will be charged to The Client’s debit or credit card based on the agreed payment arrangement for the fees. The Client acknowledges that the Company may utilise the financial information provided by The Client to the Company and/or the third-party online payment gateway provider for these transactions.
The Company provides no warranty, whether express or implied, regarding the operation of the Payment Gateway beyond the specifications outlined for its intended purpose. The Client explicitly acknowledges that utilising the online payment service is entirely at The Client’s own risk and discretion. It is The Client’s responsibility to promptly notify the Company of any changes to The Client’s account information and to ensure that adequate funds are available when making one-time payments or when periodic payments/direct debits are scheduled. The Client is aware that failure to meet the obligations of periodic direct debits may result in additional fees and charges (penalties), as stipulated in the Company’s terms and conditions.
The Client acknowledges that the financial information will be processed through the third- party online payment gateway provider, which will charge the debit or credit card for the one-time payments or periodic payments/direct debits as per the agreed Schedule of Fees. The Client understands and agrees that the financial information will be stored with the third-party online payment gateway provider for future transaction reference related to any payment processes conducted through the payment gateway facility.
The Client will be solely responsible if The Client uses a third-party debit or credit card for the payments and the Company will not be responsible or liable in anyway whatsoever for any transactions made through the third-party debit or credit card. The Company, F4MG, its affiliates or employees shall, in no way, be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or any other intangible losses arising out of or in connection with the access to or usage of the Payment Gateway services.
The Client acknowledges that the Client Payment Declaration is to be read in conjunction with the Company’s terms and conditions mentioned on the Company website. The Client acknowledges and agrees that, once The Client makes a payment using the payment gateway facility mentioned above, including by way of direct debit, that The Client will not be entitled to any refund or reimbursement for such payment under any circumstances whatsoever. The Client acknowledges that if The Client disputes any payments made, that The Client must contact the Company or F4MG directly to lodge any compliant or request any refund. Any refund that The Client is entitled to will be made by the Company or F4MG in accordance with their respective terms and conditions. The Client agrees not to make any claim against and hereby forever release the Company and F4MG from any claim, action, or lawsuit. The Client further agrees not to ask their financial institution to recover any payments made via the payment gateway facilities and hereby indemnify the Company or F4MG against any loss suffered by the Company in the event any payment made via the payment gateway facility is reversed, refunded or recovered in any way.
The Client hereby indemnifies and hold harmless the Company, F4MG and their respective officers, directors and employees, from any claim or demand, or actions. The Company will not be liable for any failures in the external link or for any fraud perpetrated either at the Payment Gateway and/or at any circumstances that could take place during or after the time of making the payment.
By proceeding ahead with the payment process, The Client expressively agrees and provides consent to the entire Terms and Conditions of the Company, F4MG and all relevant Service Providers.
The Refund and Cancellation page outlines the rules and regulations. Before paying F4MG, please review the refund policy below.
The Client agrees to pay the instalment as per the F4MG fee schedule at the time of their registration. F4MG will retain the amount until it receives a reply from the relevant Registered Migration Agent and/or Legal Practitioner. If the relevant Migration Agent and/or Legal Practitioner does not take up the Client’s case, then F4MG will refund the full amount to the Client. If the relevant Migration Agent and/or Legal Practitioner agrees to take up the Client’s case, then F4MG will retain the amount for processing the application.
The service fees are only for documentation consultancy and collection advice fees and do not include air tickets to the Client’s respective destination, police clearance certificate(s), and health examination(s). All other relevant authorities’ fees must be borne by the Client at actuals. The service fees are not refundable regardless of the outcome of the Client’s application.
Consultation Payment: As the demand for a consultation service is very high, F4MG generally does not offer refunds for cancelled appointments. However, if F4MG is given more than 48 hours’ notice, they are happy to credit paid fees towards rescheduling another consultation at a suitable time and date. If the client wishes to seek a refund based on exceptional circumstances, the circumstances will be considered, and a refund will be considered on a case-by-case basis. Refunds will be made to the original mode of payment used. Refunds will not be given if the Client has changed their mind.
Professional Service Fee: When the Client engages F4MG to act on their behalf, F4MG provides a comprehensive and professional service. The team starts working on the Client’s case immediately, providing ongoing advice as per the requirements throughout the process. Due to the amount of research work carried out on respective cases from the time of registration, F4MG generally does not offer refunds on professional service fees. If the Client wishes to seek a refund based on exceptional circumstances, the circumstances will be taken into consideration, and a refund will be considered on a case-by-case basis. Refunds will not be given if the Client has changed their mind.
Refund requests that have been approved will be processed according to F4MG’s accounting cycle. The payment will be made using the same method that the Client used to make the payment. All refunds are made at F4MG’s discretion.
F4MG does not guarantee the completeness or accuracy of work, nor the handling of complaints or payments made to, but not limited to, authorised Registered Migration Agents (RMAs), Immigration Lawyers, Business Brokers, Financial Consultants, Certified Accountants, Management Consultants, Real Estate Brokers, Builders, etc. F4MG makes no representations regarding the suitability of these services for any specific purpose. For more details, please refer to F4MG’s Disclaimer statement.
If you have any questions or comments about the Refunds and Cancellation Policy as outlined above, you can contact us at: [email protected]
Welcome to F4MG Document Clearing Services LLC (F4MG), also known as F4 Migration Guru! The terms and conditions below outline the rules and regulations for using F4MG’s Website, www.f4-mg.com. By accessing this website, reading and understanding the terms and conditions, we are certain that you have agreed to accept the below terms and conditions of our company if you would like to use our services. Please refrain from proceeding ahead with our services if you do not agree to any/all the terms and conditions on this page. Please also note that these terms and conditions are subject to change/updated from time to time as and when needed and without prior notice. This document is an electronic record, and a computer system generates it; it does not require any physical or digital signatures. By clicking on the “I ACCEPT” button, you consent to be bound by these terms and conditions.
Please read and understand these terms before using the website and its services. Your agreement to these terms shall operate as a binding agreement between you and F4MG with respect to the use of any F4MG services provided now or in the future. At any given time, F4MG has the right to terminate and/or deny access to the services provided and/or cease any kind of offerings to the clients upon breach of any of the below terms and conditions.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the terms and conditions for the purposes of the applicable services. Supplemental terms shall prevail over these terms and conditions in the event of a conflict with respect to the applicable services. F4MG may amend the terms and conditions relating to the services from time to time.
Amendments will be effective upon F4MG’s posting of such updated terms and conditions at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the services after such posting constitutes your consent to be bound by the terms and conditions, as amended.
The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements:
“accuracy” in relation to any representation or warranty made, any information or fact disclosed, reply to any inquiry or requisition, or any original or duplicate copy of any document delivered, by or on behalf of any person to any other person, means that such representation, warranty, information, fact or document:
- is true, accurate, complete and up-to-date in all respects; and
- is not rendered untrue, inaccurate, incorrect, incomplete, out-of-date, false, misleading or deceptive or likely to mislead or deceive in any respect by any other representation, warranty, information, fact or document;
“advance” in relation to any credit, includes the making or extension of that credit at any time and in any manner or by any means;
“agreement” includes any present or future agreement, contract, deed, security interest, guarantee or other legally enforceable arrangement, whether in writing or otherwise;
“assessment” includes assessment, investigation, appraisal, estimate, valuation, decision, determination, calculation, review, inquiry or report;
“authorised officer” in relation to any company for the purposes of any agreement at any time means any director, secretary, or person notified in that capacity by that company in or under any provision of that agreement to any party to that agreement, without withdrawal or cancellation of that notification as at that time;
“borrowing” in relation to any credit, includes the borrowing of or raising money or incurring financial liability under or in relation to that credit in any manner or by any means;
“business capacity” in relation to any performance of any business activity by any person, means the performance of that business activity by that person, whether directly or indirectly, or through any interposed entity or person:
- as a principal or on its own account;
- in partnership, joint venture or association with any other person;
- as an agent for any other person;
- as a secured party or holder of any guarantee in relation to, or person making any credit advance to, any other person;
- as a trustee of or beneficiary or unitholder under any trust; or
- as a director or other agent or shareholder in any company;
“business day” means any day on which trading banks generally are open for business in the place of receipt of any written notice, payment of any moneys or performance of any liability by any party contemplated or required under any agreement, excluding a Saturday, Sunday or public holiday in that place;
“claim” includes any claim, demand, request, requisition, notice, direction or allegation;
“client” includes customer, signed client, any agents including but not limited to sales agents, outsourcing sales agents, franchises and/or any type of agents/subscribers that will be introduced in the future, contact, buyer or purchaser, or any employee or agent of any client within any previous meaning;
“company” includes Immigration Business Alliance, trading as IBA Partner (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’), its related body corporate, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, association, society, organisation or entity;
“confidential information” in relation to any person, means information which at any time is in the knowledge, possession or control of that person, or any related entity, associate entity, employee or agent of that person, relating to the business, assets, operations or affairs of that person, or any related entity or associate entity of that person, which is confidential by its nature or which is or has been marked or otherwise specified by any means as being confidential, including information relating to:
- corporate or business development and expansion plan or strategy;
- corporate or business structure;
- financial, taxation, and accounting matters;
- any relationship or arrangement with any agent;
- inventions, discoveries, trade secrets, knowhow, technology, techniques, processes, systems, information, data, formulae, ideas or concepts, whether or not reduced to material form, drawings, specifications, designs, plans, diagrams, models, and scientific, technical and product information;
- source and object codes;
- business, financial and marketing plans, forecasts and projections;
- customer information, customer lists and customer information proprietary to customers;
- agreements and arrangements with third parties, whether legally enforceable or otherwise; and
- computer software and set-up, configuration and data files of computer software;
“commencement date” means the date of acceptance of the Terms and Condition by the customer, client, and/or agent;
“consent” includes any consent, approval, permit, licence, authorisation, resolution, release, registration, filing, lodgement, notification or expiry of any period without any relevant objection, prohibition or restriction, by any person necessary or desirable:
- for the execution, performance, validity, enforceability, priority effectiveness or transfer; or
- to prevent default, invalidation or a prejudicial effect,
of, under or in relation to any present of future agreement, document, action, activity or asset;
“contractual consent” means any consent, notice, certificate or transfer from or by any lessor, licensor, bank, financial institution, insurer, secured party or other contracting party;
“control” in relation to any person, includes the legal or practical ability of any other person to control the outcome of any decision of that person or entity, whether alone or in combination with others, direct or indirect, whether under any legally enforceable arrangement or otherwise, and whether or not control is subject to any condition or restraint;
“corporate consent” means any corporate or other consent of, from or by any company, or its directors or shareholders, including any resolution or minutes or extracts from minutes, of any meeting, written resolution, or power of attorney;
“cost” includes any cost, charge, expense, disbursement, fee, commission, outgoing, premium, tax, levy, fine, penalty or loss incurred at any time, whether directly or indirectly;
“credit” includes any present or future loan, advance, credit facility or other financial accommodation;
“customer” includes customer, client, contact, buyer or purchaser, or any employee or agent of any customer within any previous meaning;
“debt arrangement” in relation to any person, means any compromise, composition, moratorium, scheme of arrangement or reconstruction, suspension of any payment or right, restriction on any right or enforcement of any right, property transfer for the benefit of creditors, management, administration, voluntary administration, company arrangement or deed of company arrangement agreed or effected by or in connection with that person, or any creditor, asset, debt or other liability of that person;
“decision” includes any decision, vote, resolution, determination, discretion, opinion, assessment, appraisal, computation, calculation, valuation, certificate, certification or notice;
“default” includes:
- any default, breach, non-performance, non-compliance with or repudiation;
- any fraud, breach of duty, or other prejudicial action, neglect, delay or omission; or
- the occurrence of any fact which in itself, or which with the giving of notice, expiry of time or fulfilment of any condition, whether or not within the control of any person, would constitute any default within any previous meaning, or create any acceleration of liability, termination, cancellation, prepayment or similar event;
“disclosure” in relation to any document or information by any person to any other person, means delivery of that document or disclosure of that information by or on behalf of that person, or any employee or authorised agent of that person, to that other person, or any employee or authorised agent of that other person;
“dollar” or “$” means the client contract value and the add on fees is in USD and the Authority and/or Government fees is in the lawful currency of its own country(s) at the time;
“entity” includes any company, trust, fund, partnership, society, association or other incorporated or unincorporated body or trustee of any trust in that capacity for the beneficiaries of the trust;
“equipment” includes fixtures, fittings, furniture, plant, machinery, appliances, equipment, telecommunications equipment, computer or electronic hardware, software, tape or disk, cabling, printing plate, motor vehicles, and any spare parts and accessories for any equipment within any previous meaning, whether fixed, moveable or detachable;
“fact” includes any fact, matter, thing, event, circumstance, cause, consequence, action or omission, and the occurrence or existence of, or any change in, any fact within any previous meaning;
“financial liability” means any liability in relation to:
- moneys borrowed or raised;
- any financial accommodation of any nature or description;
“force majeure event” in relation to any person, means any fact beyond the reasonable control of that person which prevents, hinders or delays that person from or in the performance of any liability of that person under any agreement, including:
- any act of God, peril of the sea or unavoidable accident of navigation;
- war or hostilities, whether declared or undeclared, terrorist action, sabotage, riot, insurrection, civil commotion, malicious damage or national, federal, state, district or local emergency, whether factual or legal;
- fire, flood, storm, cyclone, lightning strike, earthquake or landslide;
- explosion, epidemic, quarantine, radiation, riots, civil war or radioactive contamination;
- failure, breakdown or shortage of any power, water, communications or other supplies or services from any public utility or supply of fuel, labour or material; and
- any governmental requisition or illegality due to change of law,
but excluding any fact resulting from any action, or omission, of default of that person, or any employee or agent of that person;
“F4MG” is F4MG Document Clearing Services LLC, HQ in Dubai UAE, also known as the Global Master Franchise.
“governmental agency” means any governmental, semi-governmental, administrative, fiscal, municipal, local, judicial or regulatory agency, department, instrumentality, body, utility, authority, commission, court or tribunal;
“governmental consent” means any consent from, by or with any governmental agency;
“governmental requisition” means any consent, requirement, claim, notice, requisition, order, direction, action, appropriation, restraint, restriction, prohibition, intervention or law of, required by or from, or made, imposed or issued by any governmental agency at any time;
“guarantee” includes any present or future guarantee, indemnity, letter of credit, suretyship arrangement, irrevocable offer, put option or similar liability;
“inquiry” includes inquiry, requisition, inspection, investigation, review or audit;
“insolvency event” in relation to any person, means the fact of that person:
- being, or stating that that person is, an insolvent under administration or insolvent, within the meaning of the UAE Corporations Act and Federal decree law No 51 of 2023.
- being in liquidation;
- having any asset in the possession or control of any secured party resulting from any default by that person;
- being taken to have failed to comply with any statutory demand, within the meaning of UAE Corporations Act and Federal decree law No 51 of 2023
- being subject to or affected by any fact specified in section UAE Corporations Act and Federal decree law No 51 of 2023 being, or stating that that person is, unable to pay all the debts of that person as and when they become due and payable; or
- being subject to or affected by any fact factually similar to or analogous with any previous item under the law of any country or jurisdiction;
F4MG goes into liquidation or is made bankrupt or, takes an assignment for the benefit of or enters into an arrangement or composition with its creditors or stops payment of its debts or.
“intellectual property” in relation to any person, means any intellectual, industrial or commercial property, right or interest of that person, whether within or outside Australian, including:
- any logo , patent, trademark, industrial patent , service mark or design;
- any copyright, including any future copyright or analogous or similar right;
- any utility model, eligible layout right or plant variety right;
- any business, trade or commercial name or designation, brand name, domain name, logo, symbol, source indication or origin appellation;
- any confidential information;
- any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise, including any works or subject-matter other than works;
- any division or extension of, or analogous right to, any previous item;
- any legal action relating to any previous item;
- any exclusive or non-exclusive licence, licence agreement or other right to use or grant the user of, or to become the registered proprietor or user of, any previous item;
- any application for registration, right to apply for or maintain any registration or other right arising under any legal action in relation to any previous item; and
- any document of title, letters patent, deed of grant or other document or agreement relating to any previous item,
whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description;
“interpretational rules”: Rules of interpretation apply to the Agreement as specified in this provision, unless the context otherwise requires:
- (headings): headings and subheadings are for convenience only and do not affect interpretation;
- (plurality): words denoting the singular number include the plural, and the converse also applies;
- (gender): words denoting any gender include all genders;
- (variants): a defined word or expression has corresponding effect in relation to its other grammatical forms;
- (parties): any reference to a party to any agreement or document includes its executors, administrators, legal personal representatives, successors and permitted assigns and substitutes by way of assignment or novation;
- (amendments): any reference to any agreement or document includes that agreement or document as amended, ratified, supplemented, novated or replaced at any time;
- (provisions): any reference to a provision, comprising a clause, schedule, annexure, exhibit or attachment, is a reference to a provision of the Agreement, including each clause, subclause, paragraph and subparagraph of that provision, and any reference to the Agreement includes all provisions of the Agreement;
- (legislation): any reference to any legislation includes a reference to that legislation as amended, re-enacted, consolidated or replaced at any time;
- (inclusions): the words “include”, “including”, “for example”, and similar expressions are used without limitation;
- (components): any reference to any whole or collective item includes any part of that item;
- (time): the expression “at any time” includes reference to past, present, and future time and the performance of any action from time to time and any liability at all times during any specified period; and
- (liability): any liability, representation or warranty undertaken by, or right conferred on, 2 or more persons binds or benefits all of those persons jointly and each of them severally.
“invalidity” includes invalidity, nullity, voidability, avoidance, setting aside, unenforceability, illegality, recoverability, suspension or failure, whether total or partial, or liability to invalidity or invalidation within any previous meaning;
“inventory” includes any stock, stock-in-trade, work-in-progress, finished product, spare parts, raw or worked materials, whether before or after any other work or fabrication, component parts, stock or materials in transit, undelivered stock or materials, and indirect materials used generally in any manufacturing, fabrication or construction and not forming part of any finished product, owned, held, manufactured, fabricated, constructed, purchased or ordered by any person for the purpose of or in relation to any business activity performed by the person;
“judicial order” means any judgement, order, decree, declaration, ruling, award, or determination of any court or tribunal of competent jurisdiction, arbitrator, mediator or expert binding on any person or assets of that person;
“law” means any legislation, rule of the general law, including common law, equity and bankruptcy, judicial order or consent or requisition from, by or with any governmental agency;
“legal action” means any claim, legal action, application, proceeding, suit, dispute or litigation initiated in or by any governmental agency, arbitration, mediation or dispute resolution process, whether actual, current, anticipated, threatened or potential;
“legislation” including as applicable any reference to the specific name of any legislation, means:
- any statute, enactment, ordinance, code or other legislation;
- any order, regulation, rule, by-law, proclamation, or statutory instrument made or issued under that legislation;
- any section or provision of that legislation within any previous meaning; and
- any amendment, modification, consolidation, re-enactment or replacement of, or substitution for, any legislation within any previous meaning at any time;
“liability” includes any liability, debt, indebtedness, damages, compensation, duty or obligation, whether statutory, legal or equitable, present of future, actual, contingent or prospective, primary, secondary or vicarious, and whether alone, severally, jointly or jointly and severally;
“liquidation” includes receivership, debt arrangement, merger, amalgamation, reconstruction, winding up, dissolution, bankruptcy, death or administration under any law relating to individual health or welfare;
“loss” includes any loss, cost, liability, damage, destruction, injury or accident, whether direct or indirect, actual or potential;
“marketable security” means:
- The shares issued by joint stock companies; Derivatives and investment units approved by the SCA; Bonds, Sukuk and bills issued by the Federal Government, local governments or public authorities or institutions in the State; Bonds, Sukuk and any debt instruments issued by companies in accordance with the regulations to be issued by the SCA; and Any other local or foreign securities acceptable to the Central Bank and the SCA.
“materials” includes any report, correspondence, form, list, article, document, artwork, film, design or training, promotional or marketing material, aid or tool;
“month” means calendar month;
“Party” or “Parties” can be defined as a person or group that is involved in a contract or agreement. It includes:
- customer, signed client, any agents including but not limited to sales agents, outsourcing sales agents, franchises and/or any type of agents/subscribers that will be introduced in the future, contact, buyer or purchaser, or any employee or agent of any client within any previous meaning;
- Immigration Business Alliance, trading as IBA Partner (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’), its related body corporate, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, association, society, organisation or entity;
- F4MG Document Clearing Services LLC, HQ in Dubai UAE, also known as the Master Franchise;
“person” includes any natural person, company, trust, entity, or governmental agency;
“property” includes any money, goods, thing in action, right, land, business undertaking, intangible asset, intellectual property and any other real or personal property of any nature or description, whether present or future, tangible or intangible, vested or contingent and any legal, equitable or statutory right, title, estate, interest, income, revenue or benefit in, under or derived from or incidental to that property;
“public utility” includes any supplier of communications, telecommunications, drainage, electricity, gas, sewerage, water, transportation, or any similar supplies or services, whether or not that supplier is a governmental agency;
“purchaser” includes any purchaser, transferee, lessee or secured party;
“related entity” includes a company, body corporate, trust, or person and in relation to:
- a company or body corporate, means a related body corporate within the meaning of the federal decree law No (32) of 2021 on commercial companies.
- a trust, means a trust that would be a related body corporate within that meaning assuming that the trust were a body corporate and that a subsidiary meant a subsidiary for the purposes of that meaning; and
- any person, means any other person having control over that person, or other person under the control of that person; “report” includes report, review, audit, assessment, advice, opinion, inquiry, inspection, investigation, valuation or survey;
“right” includes any right, equity, interest, entitlement, benefit, option, power or remedy;
“secured party” means any person holding or entitled to any security interest, or any right under any security interest;
“security interest” means any security interest in connection with any asset which in substance, whether or not in form, is a security for the payment or performance of any liability, including:
- any security interest within the meaning of, and as defined in, the UAE applicale laws. Personal Property Securities Act 2009;
- any mortgage, charge, pledge, lien, trust or power created or conferred in relation to any asset;
- any title retention interest or other legal or equitable proprietary title or interest retained or reserved in any asset, including any credit or conditional sale agreement, hire purchase agreement, finance lease or bailment; or
- any other right conferred on, or agreement with, any creditor to be paid in priority or preference to other creditors by recourse to any asset or its proceeds;
“subsidiary” in relation to:
- a body corporate, means a subsidiary within the meaning of UAE commercial companies Law.
- a trust, means a trust that would be a subsidiary within that meaning if it were a company equating for this purpose:
- shares with the beneficial interests or units held in the trust; and
- the board of directors with the trustee; and
- a body corporate or sub trust owned or held as an asset of a trust, means a subsidiary within any previous meaning which would be applicable if the trust were a body corporate;
“supplier” in relation to the delivery of any goods or provision or performance of any services, means any supplier, manufacturer, wholesaler, retailer, distributor, repairer or any other person performing any business activity connected with that delivery, provision or performance.
“tax” includes any tax, duty, charge or rate imposed or assessed under any legislation or by any governmental agency, together with any associated interest, penalty, fine, fee or other charge;
“termination” in relation to any right, consent, agreement or document, includes any termination, rescission, cancellation, discharge, determination, release, avoidance, setting aside, invalidity, invalidation, surrender, repudiation, disclaimer, abandonment, forfeiture, loss, writing off, redemption, forgoing, expiry, extinguishment, repeal, discontinuance, revocation or withholding of that right, consent, agreement or document, or any acceptance of any termination within any previous meaning;
“termination date” means the later of:
- the Initial Termination Date; and
- any subsequent date of termination of the Agreement as extended under clause 2.4 (Supply Period Extension);
“transfer” in relation to any asset, includes any conveyance, transfer, assignment, assurance, factoring, discounting, bailment, delivery of possession, payment, sale, purchase, vesting, realisation, exchange or disposal of, or dealing with, that asset;
“validity” in relation to any agreement, document, right or consent, includes the validity, subsistence, enforceability, legality, recoverability, propriety, regularity, and maintenance in full force and effect of that agreement, document, right or consent;
“waiver” includes waiver, indulgence, forbearance, or extension of time;
“warranty period” means the period of 90 days commencing on the date of this Terms and Conditions;
“writing” means any method or means of communication or reproduction of words in a tangible and permanently visible form, including facsimile transmission.
F4MG may at any time at its sole discretion modify the Agreement from time to time, and any such changes will:
- be reflected on the Website;
- not apply retroactively; and
- not apply to any disputes arising prior to the effective date of such change.
The Client agrees to be bound to any such changes and understands the importance of regularly reviewing the Agreement as updated on the Website. Notwithstanding anything to the contrary herein, F4MG reserves the right to change, alter, or modify any part of this terms and conditions at any time and from time to time, with or without notice. The Client agrees that F4MG shall have no liability to the Client or any third party for any change, alteration, modification, suspension, discontinuance, or amendment of F4MG’s Website.
F4MG employ the use of cookies. By accessing this website, the Client agrees to the use of cookies in agreement with F4MG’s Privacy Policy. Most interactive websites use cookies to retrieve Client details for each visit. Cookies are used on F4MG’s website to enhance the functionality of certain areas, making it more convenient for website visitors. Additionally, some of F4MG’s affiliate and advertising partners may also utilise cookies. By using the website, the Client signifies their acceptance of the terms and conditions.
F4MG maintains the Website. F4MG accepts payment by Visa or Mastercard debit and credit cards for their services. It will not trade with or provide any services to OFAC and sanctioned countries. Cardholders must retain a copy of transaction records and F4MG’s policies and rules. The Client is responsible for maintaining the confidentiality of their accounts. The Client using the website who are Minor /under the age of 18 shall not register as a Client of the website and shall not transact on or use the website.
Unless otherwise stated, F4MG and/or its licensors own the intellectual property rights for all material on F4MG’s platform. All intellectual property rights are reserved. The Client may access this from F4MG for their own personal use, subject to restrictions set forth in the terms and conditions.
The Client agrees not to republish, sell, rent, or sub-license, reproduce, duplicate or copy material, and not to redistribute any content from F4MG’s website. The Agreement shall commence on the date hereof. Certain sections of the website offer and allow clients to post and exchange opinions and information in certain areas of the website. F4MG does not filter, edit, publish, or review comments prior to their presence on the website. Comments posted on the website do not necessarily reflect the views and opinions of F4MG, its agents and/or affiliates. Instead, they reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, F4MG shall not be liable for the comments, or any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website. F4MG reserves the right to monitor all comments and to remove any comments that can be considered inappropriate, offensive, or in violation of these terms and conditions.
Clients affirm that they are entitled to post the comments on F4MG website and have all necessary licenses and consents to do so. Additionally, Clients declare that the comments do not infringe any intellectual property rights, including but not limited to copyright, patent, or trademark of any third-party. Furthermore, the comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material that would constitute an invasion of privacy. Clients also agree that the comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activities. Clients hereby grant F4MG a non-exclusive license to use, reproduce, edit, and authorise others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.
The following organisations may link to F4MG’s website without prior written approval:
Government agencies, search engines, news organisations, and online directory distributors may link to F4MG’s website in the same manner as they hyperlink to the websites of other listed businesses and system-wide accredited businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups, which may not hyperlink to the website. These organisations may link to F4MG’s homepage for publications or other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
F4MG may consider and approve other link requests from the following types of organisations:
Commonly known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law, and consulting firms; and educational institutions and trade associations. F4MG will approve link requests from these organisations if it decides that: (a) the link would not make F4MG look unfavourably to itself or to its accredited businesses; (b) the organisation does not have any negative records with F4MG; (c) the benefit to F4MG from the visibility of the hyperlink compensates the absence of the company; and (d) the link is in the context of general resource information. These organisations may link to our homepage so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organisations listed in paragraph 2 above and are interested in linking to F4MG’s website, you must inform by sending an e-mail to F4MG. Please include your name, your organisation name, contact information, the URL of your website, a list of any URLs from which you intend to link to the website, and a list of the URLs on the website to which you would like to link. Wait 2-3 weeks for a response.
Approved organisations may hyperlink to our website as follows:
By the use of F4MG’s corporate name, or by the use of the uniform resource locator being linked to; or by the use of any other description of F4MG’s website being linked to that makes sense within the context and format of content on the linking party’s website. No use of F4MG’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, Clients may not create frames around F4MG’s web pages that alter in any way the visual presentation or appearance of the website.
F4MG shall not be held responsible for any content that appears on the Client’s website. The Client agrees to protect and defend F4MG against all claims arising on the Client’s website. No link(s) should appear on any website that may be interpreted as libellous, obscene, or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
Clients will not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the services, except as expressly permitted by F4MG; (iii) decompile, reverse engineer, or disassemble the services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or (vi) attempt to gain unauthorised access to or impair any aspect of the services or its related systems or networks; or access F4MG’s website, services(s) and/or content in order to: (a) design or build a competitive product or service; (b) design or build a product using similar ideas, features, functions or graphics of the application device(s) and/or content; or (c) copy any ideas, features, functions or graphics of the application device(s) and/or contents.
F4MG reserves the right to request that Clients to remove all or any particular link to its website. Clients must approve of removing all links to F4MG’s website upon request immediately. F4MG also reserves the right to amend these terms and conditions and its linking policy at any time. By continuously linking to the website, Clients agree to be bound to and follow these linking terms and conditions.
If the Client finds any offensive links on F4MG website, they are free to contact and inform F4MG anytime. F4MG will consider the requests to remove links but is not obligated to do so or to respond to them directly. F4MG does not ensure that the information on this website is correct; it does not warrant its completeness or accuracy, nor does it promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, F4MG excludes all representations, warranties, and conditions relating to its website and the use of the website. Nothing in this disclaimer will:
Limit or exclude F4MG or the Client’s liability for death or personal injury; limit or exclude F4MG or the Client’s liability for fraud or fraudulent misrepresentation; limit any of F4MG or the Client liabilities in any way that is not permitted under applicable law; or exclude any of F4MG or the Client liabilities that may not be excluded under the applicable law. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph and (b) govern all liabilities arising under the disclaimer, including liabilities arising in the Agreement, in tort and for breach of statutory duty.
Client agrees and undertakes that during the term of the Agreement, they shall not enter into any arrangement similar to the arrangement or is of subject matter as contemplated under the Agreement with any entity, individual or corporate body engaged in this and/or similar business. F4MG can assign this Agreement to an entity controlling, controlled by, or under common control with that Party (each being an “Affiliate”). Neither Party’s failure to enforce the other Party’s strict performance of any provision of this Agreement will constitute a waiver of the first Party’s right to subsequently enforce such provision or any other provision of this Agreement. In the event of any discrepancy between the contractual documents, the order of precedence is the following, except that specific portions of a lower-ranking document may supersede specified portions of a higher-ranking document expressly noted: (i) the Agreement, (ii) Schedule of Fees. The Parties are independent contracting parties. Nothing in this Agreement will be construed to create a partnership, joint venture, personnel leasing or any other relationship between the Parties.
A Party shall not be obliged to perform any of its obligations herein if it is prevented from doing so by a force majeure situation. “Force majeure” events shall include events beyond the reasonable control of the Parties, including acts of God, acts of government, acts of nature, strikes or riots, pandemics, epidemics (including any event that occurs directly or indirectly as a result of the COVID-19 pandemic), or act of war, but does not include any event which the Party affected could have avoided or overcome by exercising a standard of reasonable care at a reasonable cost; or any event due to a lack of funds for any reason or any inability to pay any fees. If a force majeure situation lasts more than thirty (30) days, either Party may terminate the agreement upon written notice to the other Party.
Clients expressly hereby release and waive all claims against F4MG and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to the use of the F4MG’s Website. Clients understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and accept and assume the risk of such possible differences in fact. In addition, Clients expressly waive and relinquish any and all rights and benefits which may have under any other state or federal statute or common law principle of similar effect to the fullest extent permitted by law.
The Client will use the services provided by F4MG’s Platform, its affiliates, and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Platform. The services offered through F4MG’s Platform are subject to the respective Service Provider’s terms and conditions. F4MG will not be liable for any claims or refunds related to these services. The Client is deemed to have engaged in the services of F4MG, and hence the Client confirms that he/she/they agree to the terms and conditions as per both F4MG and the Service Providers website –
FBP International: https://fbpintl.com/terms-conditions/
Qualifications Australia: https://qualificationsau.com/terms-and-conditions
Australian Immigration Experts: https://australianimmigrationexperts.com/terms-conditions/
Future Forward: https://thefuturefwd.com/terms-conditions/
EVisa Australia: https://evisaaustralia.com.au/terms-and-conditions/
The Client accesses the services available on the website and transacts at their sole risk. They use their best and prudent judgment before entering into any dealings through this Platform.
It is possible that the other Clients (including unauthorised/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that the Client may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about the Client due to their use of the Platform, and the recipient may use such information to harass or injure them. F4MG does not approve of such unauthorised uses, but by using the Platform, the Client acknowledges and agrees that F4MG is not responsible for using any personal information that the Client publicly discloses or shares with others on the Platform. Please carefully select the type of information that is publicly disclosed or shared with others on the Platform.
The Agreement represents the entire agreement among the Parties regarding the subject matter hereof and the Parties’ respective obligations and commitments herein. No other documents or oral or written agreements among the Parties reflect in any way on the agreements laid out in this Agreement. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.
F4MG may communicate with the Client through emails, newsletters, and/or service announcements. The Client cannot opt out of receiving service announcements and administrative messages.
F4MG is Qualifications Australia’s exclusive partner. The Client agrees not to display or use the Qualifications Australia trademark in any manner without prior permission.
The Client acknowledges that acquiring a Qualification does not guarantee success in the migration process for any country because other factors are also considered by migration authorities. Any decision from any government body regarding migration is beyond the control or influence of F4MG.
All recurring payments will be made via a third-party payment gateway unless otherwise agreed by F4MG. The Client gives consent to automatically deduct the instalments as specified in the Schedule of Fees via the payment method on file without additional prior notice or approval.
All sums payable under the Agreement are exclusive of taxes, for which the Client shall be responsible.
The Parties acknowledge the full legal force and validity of documents executed by a Party using electronic signatures under the DocuSign system and such other electronic signature systems as the Parties may agree in writing.
The Client agrees not to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane, or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, or international law.
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The company has appointed Agent(s)/Franchise(s), both individual and/or their listed company/companies and/or nominees, the rights to represent the company by providing various services (the “Services”), like but not limited to Immigration, Qualification, Visa Assistance, English Training Consultancy Services, a including but not limited to marketing, sales and consultation, and/or any further services as advised by the company; NOW, THEREFORE, based on above premises and in consideration of the terms and conditions set forth herein, the Agent/Franchise agrees to the following:
OPERATIVE PROVISIONS
Agreement Term
The term of the Agreement shall continue to exist till the duration agreed by the Agent/Franchise and the Company (the “Term”) and/or until termination, from the date of commencement. Each year of the Term, as measured from the date of the Agreement, is a “Contract Year.” It is also agreed that the Company gives the Agent/Franchise the first right of refusal to renew these rights as per the terms & conditions of the agreement, at an agreed fee mutually by the Company and the Agent/Franchise. If the Agent/Franchise agrees to renew its term/subscription, then the Agent/Franchise agrees to pay the renewal no later than 7(seven) days from the date of renewal.
Purpose
The Agreement is solely for the purpose to ensure understanding and compliance of the Company regarding the rights, obligations, and objectives outlined herein, and/or other related services offered by the Company from time to time.
Payment to be done by the Agent for acquiring and running the Agency/Franchisee.
The Agent/Franchise agrees to pay the Company a non-revocable & nonrefundable payment agreed by the Agent/Franchise and the Company for the agreed Term or Duration. The Company agrees to accept the payments done by the Agent to acquire the Agency/Franchisee rights for the mutually agreed term.
Revenue Share – Commission Structure – Service Fees and Commissions Payable
The Company shall pay the Agent(s)/Franchise(s) a percentage of the gross revenue received by the Company from the sale of services provided by the service providers, starting from the commencement of the Agreement, as mutually agreed upon. Please check the percentages (%) in the relevant type of Agent(s)/Franchise(s) as mentioned below.
All client payments for the Services offered by and through the Agent(s)/Franchise(s) must only be paid directly to the authorised account(s) nominated by the Company.
Cash payment from end clients for the Services offered by the Agent/Franchise is an unacceptable mode of payment without prior written approval from the Company.
Disbursements of commissions to the Agent(s)/Franchise(s) is given of the client contract value (ccv) as per the instalments received in actuals. The commission of the current month is given in the following of the next month, by the 10th of that month.
Commitments
Beginning as of the date of the Agreement, the Agent/Franchise agrees as follows:
Marketing
With respect to advertising of the Services, the Agent(s)/Franchise(s) agrees to consult with the Company and to keep the Company reasonably appraised of its marketing plans and activities. To comply with Company’s then-current customary marketing support policies and practices to the extent that they are reasonable and practicable. The Company shall have the right to suggest such plans. The Company shall exercise its approval rights in a timely and reasonable manner when the Company and/or Service Provider’s LOGO is used.
The Company allows the Agent(s)/Franchise(s) to use its name in their marketing material and advertisements, but with express written approval from the Company every time, via email or WhatsApp, and before the Agent(s)/Franchise(s) publishes or markets its advertisement(s).
The Agent(s)/Franchise(s) agrees that marketing and information activities formulates an important part of the business activities. It is of essential importance that the Agent(s)/Franchise(s) executes marketing campaigns and activities, which are supposed to be planned and executed by Agent(s)/Franchise(s). With due adherence, the Agent(s)/Franchise(s) shall, arrange publicity in the location(s) and carry out sales promotion activities while complying with the publicity strategy and concepts developed by the Company’s pursuant to its Agency/Franchisee program, if applicable. The Agent(s)/Franchise(s) agrees and is liable for all plans and budgets related for the publicity and sales promotion activities to be carried out during the term period of the agreement.
Lodgments
The relevant Service Provider(s) will be responsible for the lodgment of all Signed Client applications. Lodgments include but are not limited to:
Visa Application; and
Any other relevant lodgment(s) as per current authorities.
For more information, please refer to Section “Service Providers and Third Parties” of this Terms & Conditions.
Placement
The Agent(s)/Franchise(s) shall exercise in good faith commercially viable efforts and plans to maximise revenue on the sale of the Services.
Reporting
At no cost or expense to the Company, the Agent(s)/Franchise(s) will provide to the Company, electronic access to all the Agent(s)/Franchise(s) information in relation to the Services. For example, weekly summaries in such form as may be reasonably specified by the Company from time to time, of all performance information as to the Agent(s)/Franchise(s) sales of the Services including but not limited to daily sales data and other related report from the Location(s).
Review
At every 90 (ninety) calendar days, the company and the Agent(s)/Franchise(s) shall discuss and/or meet in good faith to review the performance of the Agent(s)/Franchise(s) and the terms of the Agreement. Should no agreement be reached between the company and the Agent(s)/Franchise(s) with respect to adjusting or amending the terms of this Agreement, then-current terms of this Agreement shall remain in full force and effect.
Public Disclosure
Each party agrees that no press release or public announcement relating to the existence or terms of this Agreement (including within the context of a trade press or other interview or advertisement in any media) shall be issued without the express prior written approval of the other party hereto.
Confidentiality, Secrecy, & Intellectual Rights
Confidential Information-
The Contract Agreement and all other information disclosed by the Company and the Agent(s)/Franchise(s) to each other is confidential and the Company and the Agent(s)/Franchise(s) will ensure that all information remains confidential, except that the Company and the Agent(s)/Franchise(s) may make disclosure to their relevant advisors or as otherwise required by the law.
The Intellectual Property of the Company and the Agent(s)/Franchise(s) prior to entering into this Agreement will remain the Company’s property and will be kept confidential by the Company and the Agent(s)/Franchise(s) from any disclosure to any other person or corporation in any form whatsoever during this Agreement unless with the prior written consent from the disclosing party. Intellectual Property rights includes, but is not limited to; copyright, trademark, design, patent, semiconductor or circuit board layout rights, trade, business or Company names, Service Provider’s names, know-how or other form of confidential information or other proprietary rights, or any rights to registration of such rights where such rights are created specifically in performance of the services and irrespective of whether such rights are created elsewhere.
The Company and the Agent(s)/Franchise(s) acknowledge that the Confidential Information is solely and exclusively the property of the disclosing party. Except as authorised or required by this Agreement, the receiving party shall not use or disclose, to any person or persons or company any Confidential Information, which it obtains or learns during the term of this Agreement. The restrictions contained under this clause shall continue to apply after the termination of this Agreement and/or all future agreements but shall cease to apply to information contained in the public domain.
The Company and the Agent(s)/Franchise(s) agree to retain all said information as confidential and not to use said Information on its own behalf or disclose to any third party. The Company and the Agent(s)/Franchise(s) also agree to exercise reasonable security measures to prevent accidental disclosure.
The duties and obligations of the Company and the Agent(s)/Franchise(s) to maintain the confidentiality of the Confidential Information shall last indefinitely, regardless of any other term of the Agreement and/or Terms and Conditions.
Intellectual property rights / secrecy
The intellectual property rights (trademarks, signs, models, designs, etc.) and the rights related to the website, for which Company grants the right of revocable and non-exclusive use to Agent(s)/Franchise(s) under this Agreement, remain the property of Company. Agent(s)/Franchise(s) rights for the IPR granted under this Agreement shall automatically lapse upon termination of the Agreement. Neither during the term of the Agreement nor after its termination, Agent(s)/Franchise(s) will not attempt to claim ownership of such rights and/or arrange registration thereof in its own name.
The Agent(s)/Franchise(s) shall immediately inform the Company if it comes to its attention, that Company’s and/or Service Providers’ intellectual property rights, website and domain name registrations have been infringed by third parties, this applies in case of copying of Company’s and/or Service Provider’s products and trademark infringements. The Agent(s)/Franchise(s) agrees to maintain in confidence and make no use of, except during Agent(s)/Franchise(s) performance herein, all data and information relating to Company’s program and the Products and Services related thereto, including data and information provided by Company on execution of this Agreement (also including information on strategy, sales data, purchasing data). Agent(s)/Franchise(s) obligation herein shall survive in any case termination of Agency/Franchisee rights with respect to any Products and Services herein and the termination of the Agreement whether partially or in its entirety, but shall not apply to the extent that Agent(s)/Franchise(s) is able to demonstrate from its written records that such data or information was already in its possession at the time of disclosure to it, or if such data or information was in the public domain at such time or subsequently became part of the public domain without the fault of the Agent(s)/Franchise(s).
No Right to Use Names
Neither the Agent(s)/Franchise(s) nor their Location(s), shall acquire any right to use the names, nor shall use any copyrights, trademarks, characters or designs owned or controlled by the Company, its Service Providers or any of its Affiliates, including but not limited to:
Name(s) and Logo(s) | F4 Migration Guru, F4-MG, F4MG, FBP International, FBP, Australian Migration and Settlement Experts, Qualifications Australia, QA, Future Forward, FF, Australian Immigration Experts, AIE, Aussie English, E-Visa, and/or anything related but not limited to the Company, its Service Provider(s) and/or Master Franchise(s), even in the future. |
alone or in conjunction with other words or names, in any advertising, publicity or promotion, either express or implied, without express written approval from the Company every time, via email or WhatsApp, in each case, and in no case shall any Agent(s)/Franchise(s) and/or their Location(s) advertising, publicity, or promotion, express or imply any endorsement of the same.
Documents
All documents of any kind furnished pursuant or relating to the business opportunities, the Company, its networks and discussions shall remain the sole property of the Company. The Agent(s)/Franchise(s) shall return all documents and all copies to the Company upon written request demand from the Company, whenever deemed necessary by the Company. The Agent(s)/Franchise(s) will keep all such documents and copies secure and control access to them, while they are in its possession or control.
Non-Circumvention
During the term of the Agreement, all future agreements and after the expiry of all future agreements notwithstanding the cause or reason for the expiry, Agent(s)/Franchise(s) agrees not to directly or indirectly contact, deal with, transact, or otherwise be involved with but not limited to any corporation, partnership, proprietorships, trust, individuals, or any other entities introduced and/or involved with the Company, without prior written consent from the Company.
During the term of the Agreement, all future agreements and after the expiry of all future agreements, notwithstanding the cause or reason for the expiry, Agent(s)/Franchise(s) agrees not to either directly or indirectly, on its own behalf or in the service or on behalf of others, solicit, or attempt to solicit, induce, recruit, partner, encourage or otherwise endeavor to cause or attempt to cause:
Any employee, partner, Service Provider(s), contractor or consultant of the Company.
Any person, Agent(s)/Franchise(s) or entity(s) whose application was and/or is serviced by the Company.
Any person, Agent(s)/Franchise(s) or entity(s) who is or has been a client of the Company prior or during the term of this Agreement.
Any person, Agent(s)/Franchise(s), Service Provider(s), or entity(s), that the Company has targeted and contacted for the purpose of establishing a client-relationship; and
To terminate or reduce its relationship with the Company.
In the event that the Agent(s)/Franchise(s) is contacted by any person or entity(s) that has an existing relationship with the Company, the Agent(s)/Franchise(s) will refer the person or entity(s) back to the Company, both verbally and in writing to the Company.
Non-Competition
For good and valuable consideration the receipt of which is hereby acknowledged, Agent(s)/Franchise(s) agrees not to compete with the business of the Company and its successors directly or indirectly.
The Agent(s)/Franchise(s) shall not own, manage, operate, consult, or be employed in a business substantially like, or competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of this Agreement and future agreements. This clause shall be in full force and effect during the period of this Agreement and for 2 (two) years following the termination of this Agreement, notwithstanding the cause or reason for termination.
Company’s Representations and Warranties
The Company represents and warrants that:
There is no broker, finder or intermediary involved in connection with the negotiations and discussions incident to the execution of the Agreement, and no broker, finder, Agents or intermediary who might be entitled to a fee, commission or any other payment upon the consummation of the transactions contemplated by this Agreement.
This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of the Agent(s)/Franchise(s) enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganisation, moratorium or other similar laws now or hereinafter in effect, affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law; and
The execution, delivery and performance of this Agreement does not, and will not, violate any provisions of the Company and the Agent(s)/Franchise(s) counties’ articles or certificates of incorporation and bylaws, or any contract or other Agreement to which Company and the Agent(s)/Franchise(s) is a party.
The Agent(s)/Franchise(s) is liable to immediately notify the Company if / when there is any change of ownership / partnership / share control within its Business to further execute this agreement and will be subject to the Company’s agreement on same.
The Agent(s)/Franchise(s) shall not have the right to assign the Agreement and/or contract, or any of its rights and privileges hereunder to any other person, firm or corporation, or a subsidiary or affiliate, without Company’s prior consent, and the Agent(s)/Franchise(s) shall be liable for any obligations accruing hereunder after the effective date of such assignment; provided the assignee shall expressly assume and agree to perform obligations under the Agreement and/or Contract and is reasonably capable of performing them.
This Agreement has been entered into by the Company in reliance upon and in consideration of the personal skills and qualifications of the Agent(s)/Franchise(s) and the trust and confidence reposed in the Agent(s)/Franchise(s) or, in the case of a corporate or partnership Agency/Franchisee, the principal officers or partners thereof who will actively and substantially participate in the ownership and operation of the Agency/Franchisee as contemplated by the Agreement. Therefore, neither the Company’s interest in this Agreement nor any of its rights or privileges hereunder shall be assigned or transferred, voluntarily or involuntarily, in whole or in part, by operation of law or otherwise, in any manner, without the prior written approval of the Company. The Company may impose any reasonable condition(s) to the granting of its consent to such assignment.
The Agent(s)/Franchise(s) shall not in any event have the right to pledge, encumber, charge, hypothecate or otherwise give any third party a security interest in this Agreement in any manner whatsoever without the express prior written permission of the Company, which permission may be withheld for any reason whatsoever in Company’s sole subjective judgment.
Force Majeure
The duties and obligations of the parties hereunder may be suspended upon the occurrence and continuation of any “Event of Force Majeure” which inhibits or prevents performance hereunder, and for a reasonable start-up period thereafter. An “Event of Force Majeure” shall mean any act, cause, contingency or circumstance beyond the reasonable control of such party (whether or not reasonably foreseeable), including, without limitation, to the extent beyond the reasonable control of such party, any governmental action, nationalisation, expropriation, confiscation, seizure, allocation, embargo, prohibition of import or export of goods or products, regulation, order or restriction (whether foreign, federal or state), war (whether or not declared), civil commotion, disobedience or unrest, insurrection, public strike, riot or revolution, lack or shortage of, or inability to obtain, any labor, machinery, materials, fuel, supplies or equipment from normal sources of supply, strike, work stoppage or slowdown, lockout or other labor dispute, fire, flood, earthquake, drought or other natural calamity, weather or damage or destruction to plants and/or equipment, commandeering of vessels or other carriers, resulting from acts of God, or any other accident, condition, cause, contingency or circumstances including death (without limitation, acts of God). Neither party shall, in any manner whatsoever, be liable or otherwise responsible for any delay or default in, or failure of, performance resulting from or arising out of or in connection with any Event of Force Majeure and no such delay, default in, or failure of, performance shall constitute a breach by either party hereunder. As soon as reasonably possible following the occurrence of an Event of Force Majeure, the affected party shall notify the other party, in writing, as to the date and nature of such Event of Force Majeure and the effects of same.
Indemnification
Each party (the “Indemnifying Party”) shall indemnify and hold the other party and its Affiliates and their respective employees, officers, Franchisee, Agency, Agent(s), attorneys, stockholders and directors, and their respective permitted successors, licensees and assigns (the “Indemnified Party(ies)”) harmless from and against (and shall pay as incurred) any and all claims, proceedings, actions, damages, costs, expenses and other liabilities and losses (whether under a theory of strict liability, or otherwise) of whatsoever kind or nature (“Claim(s)”) incurred by, or threatened, imposed or filed against, any Indemnified Party (including, without limitation, (a) actual and reasonable costs of defense, which shall include without limitation court costs and reasonable attorney and other reasonable expert and reasonable third party fees; and (b) to the extent permitted by Law, any fines, penalties and forfeitures) in connection with any proceedings against an Indemnified Party caused by any breach (or, with respect to third party claims only, alleged breach) by the Indemnifying Party of any representation, term, warranty or agreement hereunder. Neither party shall settle, compromise or consent to the entry of any judgment in or otherwise seek to terminate any pending or threatened Claim in respect of which the Indemnified Party is entitled to indemnification hereunder (whether or not the Indemnified Party is a party thereto), without the prior written consent of the other party hereto; provided, however, that the Indemnifying Party shall be entitled to settle any claim without the written consent of the Indemnified Party so long as such settlement only involves the payment of money by the Indemnifying Party and in no way affects any rights of the Indemnified Party.
Remedies
No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and except as otherwise expressly provided for herein, each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise and no provision hereof shall be construed so as to limit any party’s available remedies in the event of a breach by the other Party hereto. The election of any one or more of such remedies by any of the parties hereto shall not constitute a waiver by such party of the right to pursue any other available remedies.
Parties Bound
Upon accepting the Terms and Conditions, this Agreement shall be binding upon Agent(s)/Franchise(s) and their heirs, successors, associates, affiliates, and assigns. The Agent(s)/Franchise(s) shall take all reasonable steps to ensure that his/her employees, agents, representatives, officers, independent contractors, shareholders, principals and other third parties abide by the provisions of this Agreement.
Relationship
The Company shall not be liable for any Agent(s)/Franchise(s) commitments or liabilities resulting from execution of this Agreement and future agreements.
Assignment
The Agent(s)/Franchise(s) cannot assign its rights and obligations under this Agreement and all future agreements to any other party(s), without prior written consent from the Company.
Conflict of Interest
The Agent(s)/Franchise(s) warrants that before entering into this Agreement it has disclosed to the Company all past, current and anticipated interests of the Agent(s)/Franchise(s), which may conflict with or restrict the Agent(s)/Franchise(s) in performing the services fairly and independently.
Term and Termination
The Agreement shall continue to be in existence until terminated.
This Agreement can be terminated by the Company with immediate effect on the occurrence of any one of the following events:
Upon the cessation of business of the Agent(s)/Franchise(s).
The Agent(s)/Franchise(s) commits any breach of any clause of the Agreement; or for any other reason(s) agreed by the Company and the Agent(s)/Franchise(s).
Upon Non-Performance, i.e. not generating clients as per agreed by the Agent(s)/Franchise(s).
The Agent(s)/Franchise(s) has a failure in any payments that are committed as per the agreement.
NON-DISCLOSURE of any change of Agency or Franchisee program / Agency or Franchisee ownership / partnership / share control within the Business done without approval of the Company.
Once this agreement is terminated, the Agent(s)/Franchise(s) will have no rights over the Agency(s)/Franchisee(s) and will have no right to represent the Company in any form or manner and will hand over all the Company credentials and marketing activities back to the Company in good faith. The Company will have all right to cease all marketing and promotional materials including but not limited to CRM access, websites, forms, payment gateway facilities, SMM pages etc. Upon return of all the Company property and detailed hand over, The Company agrees to fulfill all financial commitments to Agent(s)/Franchise(s) up until date of termination of this Agreement, again upon a complete handover of all their existing signed and prospective clients to the Company.
Defamation
It is agreed to the extent permissible by law, that the Agent(s)/Franchise(s) will not defame, disparage, or make false or deceptive or any allegations, or any sort of communication about or against the Company and/or its Service Provider(s), its associations and/or its nominees to anyone, whether to, but not limited to the press, media, social media, employees, clients, investors, any government authority(s) or otherwise. In doing so the Company will have all right to pursue legal action against the people who do so and will be fully responsible for all damages to the Company including but not limited to legal fees, court charges, opportunity loss and/or any losses incurred by the Company in doing so.
Miscellaneous
The Agreement, embodies the entire understanding of the parties with respect to the subject matter hereof and may not be altered, amended, or otherwise modified except by an instrument in writing executed by both parties.
The headings in this Agreement are for convenience of reference only and shall not have any substantive effect.
All rights and remedies granted to the parties hereunder are cumulative and are in addition to any other rights or remedies that the parties may have at law or in equity.
Should any non-material provision of the Agreement be held to be void, invalid or inoperative, as a matter of law the remaining provisions hereof shall not be affected and shall continue in effect as though such unenforceable provision(s) have been deleted here-from.
Unless otherwise indicated, all monetary amounts referenced herein shall refer to and be paid in the currency specified in the Schedule of Fees of the Client Contract and/or as specified.
If the Company will refund any service charges and/or fees to a Signed Client, the Agent(s)/Franchise(s) does not have any of the right to retain its share of service charges for its time, consultancy services and/or work performed and carried out.
No waiver of any right under or breach of the Agreement shall be effective unless it is in writing and signed by the party to be charged.
None of the provisions of the Agreement is intended for the benefit of or shall be enforceable by any third parties.
All rights to the Agent(s)/Franchise(s) will be passed on once the Agent(s)/Franchise(s) completely pay/renew the Agency/Franchisee fees to the Company.
This Terms & Conditions:
is the entire agreement and understanding for the Agent(s)/Franchise(s) on everything connected with the subject matter of this Agreement; and
supersedes any prior agreement or understanding on anything connected with these subject matters.
Severability
If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force.
Notices
All notices shall be in writing and either personally delivered or sent by transmittal by electronic means such as email, and able to be received by the party intended to receive the notice, to the parties at the following address:
Email Address:
email: [email protected]
OPERATIVE PROVISIONS
Exclusivity
In these terms and conditions, which is also the Agreement, is solely for the purposes of having the Master Franchise(s) (“MF”) rights exclusively in the region assigned by the Company, for but not limited to Immigration, Qualification, Visa Assistance, English Training Consultancy Services and/or other related services offered by the Company from time to time. The Company shall not operate and/or grant another MF to anyone in the same region as long as this agreement is in effect and valid.
Payment to be done by the Master Franchisee for acquiring and running the MF
The Master Franchise agrees to pay the Company a non-revocable & non-refundable Franchisee Fees as agreed between the Company and the MF. The Company agrees to accept the above-mentioned payments done by the Master Franchise to acquire the Franchise rights for the duration agreed between the Company and the MF.
Deal Summary:
Franchise Deal Summary | |
Location(s) | Country/Region as agreed between the Company and the MF. |
Franchise Fees | As agreed by the Company and the MF. |
Franchise Commission | As mentioned below |
Office Area (Required) | Min. 800 to 1,000 sq.ft. |
Agreement Terms | As agreed by the Company and the MF. |
Renewal Terms | As agreed by the Company and the MF. |
Revenue Share – Commission Structure – Service Fees and Commissions Payable
The Company shall remit to the MF a percentage of the signed services as per below:
40% of revenue on all Direct Sales from Client Contract Value (the “CCV”) that the Company may receive from the direct clients of the MF.
40% of revenue on Documentation add-ons and up sales, for all Clients signed directly by the MF, that the Company may receive from the direct clients of the MF.
15% of revenue on all Indirect Sales from the CCV and the Documentation add-ons and up sales, for all Clients signed by the relevant Agent(s) and/or Franchise(s) appointed by the Company like but not limited to Sales Agent(s), Outsourcing Sales Agent(s) and Sub Franchise(s) in the MF region.
Note: All Authority(s) and all government fees are paid by the client as per actuals. The revenue share is only paid to the MF as per the above points only on the CCV and add-on and up sales fees and NOT on any kind or type of Authority fees, government fees, taxes, administrative charges, payment gateway charges, surcharges and any other relevant service charges of a total of 10% may also apply.
Services Provided by the Company
The Company shall provide the following services to the Master Franchise:
Technical strategies and visa pathways and/or orientation on all the services facilitated by the Company.
Technical Training
Access to training portal for knowledge transfer and updates.
Setting up, Creating, Configuring the IT Infrastructure for the Business of MF.
Exclusive Base in MF REGION as agreed.
Creation of all relevant Social Media pages like Facebook, Instagram, LinkedIn
Google Business Page Setup
Google Search Console for SEO tracking
Google Analytics to monitor Traffic.
Google Tag Manager
Google AdWords for paid campaign and keyword research
Usage of Domain name (www.f4-mg.com)
MF REGION micro-website
Listing on the Company and the F4MG website
Landing pages for marketing
Access to sales and documentation CRM
Web forms API integration with Sales CRM
Website and Landing Page SSL security
Website and landing page Hosting facility and configuration
Email Setup for social media
Business Email Accounts
Business Email Signature Setup
Dropbox configuration and setup
Shutter Stock Images and Video access
Any other Immigration software and CRMs as deemed necessary.
Government Authority and Licensing
Certificate of Association.
Access to Intellectual Property and relevant Credentials.
Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationery designs, and access to the promotional and client testimonial videos of the Company. Please note that the usage of logos, as per verbiage and terminology, is only permitted with advice and permission of the Company Management. All designs and content should be approved by the Company’s Marketing Team.
Access to Government and Investment Projects to Business and Investors as applicable
Full End-to-End Services from Visa Applications, Settlement Services and other services facilitated by the Company’s Service Providers.
Access and first right of refusal to any new products/services launched by the Company.
Access and first right of refusal to all/any projects brought in by the Company.
Supervising and guiding the MF for all the sales, marketing, and documentation related matters of the Direct and Indirect Clients.
Oversee that the Service Provider(s) handle all file preparations, liaison with the relevant authorities and government officials, case flows, and lodge applications with the relevant Authority(s)/Government bodies of all Direct and Indirect Clients in a timely manner.
90 (ninety) days handholding and training to the MF team and ongoing support and help till the term of the agreement.
The Company reserves the right to amend the Terms and Conditions at any time without prior notice.
Services Provided by the Master Franchise
The Master Franchise will provide to the best of its capacities, the following services:
Local Media and Digital Marketing, seminars, generating leads and consulting the prospective client on all and any new services introduced by the Company, getting them to sign up the client, collect and send the basic required documentation as per the checklist to the Company.
Upon signing the client, the MF agrees to send the sales documentation in one email to the Documentation team and/or Service Provider within 2days of the client paying their fees.
Payment receipt of the client
Resume/CV of the client
Color Passport Copy of the client
Resume/CV of the client’s dependent above 18
Color Passport Copy of the client’s dependent above 18
Any relevant document required.
Once the Master Franchise’s client does the payment to the Company’s Trust Account, and upon confirmation from the Company, the MF will then sign the contract with the client directly and the MF will proceed with the documentation process directly with client in accordance to the check lists provided by the Company’s Service Provider(s). The Master Franchise shall not engage with any sort of commercial contractual agreements with their clients separately without the knowledge of the Company.
All client payments are to be received only in the name of the nominated authorised account of the Company, online via Debit/ Credit Card and/or bank transfers. The Master Franchisee is not permitted to receive any monetary payment in any form like but not limited to, in cash or in any other company name, from the client(s), without prior written approval of the Company.
The Master Franchise shall conduct all communication and correspondence with the Company at its own cost.
The Master Franchisee will represent the Company’s interests in the Location(s) of MF. The Master Franchisee will report to the Company on a calendar month basis about the business and marketing plans and revenue projections.
The MF agrees to take over and absorb all existing costs, monthly and/or annual expenses including but not limited to the MF Business license/registration renewal and related fees, rent of premises, Internet, telephone expenses, electricity charges, other utility charges and salaries and incentives to existing local staff of MF and any other operational expansions and/or any other offices that are opened by MF.
The MF agrees and understands to provide a minimum of 20 to 25 clients per month to the Company, for any services provided by the Company’s Service Providers. Meeting this requirement will ensure that the MF license remains active and is not subject to cancellation.
Note: Please refer to https://f4-mg.com/terms-conditions/ for F4MG (MF) Terms and Conditions.
OPERATIVE PROVISIONS
Payment to be done by the Franchise for acquiring and running the Agency.
The Franchise agrees to pay the Company a non-revocable & non-refundable Agency Fees as agreed between the Company and the Sub Franchise (“SF”). The Company agrees to accept the above-mentioned payments done by the Sub Franchise to acquire the Franchisee rights for the duration agreed between the Company and the Sub Franchise.
Deal Summary
Franchise Deal Summary | |
Location(s) | Region as agreed between the Company and the Sub Franchise. |
Franchise Fees | As agreed by the Company and the Sub Franchise. |
Franchise Commission | As mentioned below |
Office Area (Required) | Min. 300 to 500 sq.ft. |
Agreement Terms | As agreed by the Company and the Sub Franchise. |
Renewal Terms | As agreed by the Company and the Sub Franchise. |
Revenue Share – Revenue Structure – on Service Fees
The Company shall remit to the Franchise a percentage of the gross revenue received by the Company for the services, of the service providers, that are sold on and/or from the commencement of the Agreement as stated below:
The Franchisee shall receive 25% of Client Contract Fees of the services sold of FBP International (the “Client Contract”) that the Company receives from the direct clients.
The Franchisee shall receive 25% of Client Contract Fees of the services sold by Australian Immigration Expert (AIE) (the “Client Contract”) that the Company receives from the direct clients.
The Franchisee shall receive 25% of Client Contract Fees of the services sold of Future Forward (the “Client Contract”) that the Company receives from the direct clients.
The Franchisee shall receive 25% of Client Contract Fees of the services sold of e-visa Australia (the “Client Contract”) that the Company receives from the direct clients.
The Franchisee shall receive 25% of Client Contract Fees of the services sold of Aussie English (the “Client Contract”) that the Company receives from the direct clients.
The Franchisee shall receive 25% of Admission Fees of the services sold of Qualifications Australia that the Company receives from the direct clients.
Note: All Authority(s) and all government fees are paid by the client as per actuals. The revenue share is only paid to the SF as per the above points only on the CCV fees and NOT on any kind or type of Authority fees, government fees, taxes, administrative charges, payment gateway charges, surcharges and any other relevant service charges of a total of 10% may also apply.
Services Provided by the Company
The Company shall provide the following
Technical strategies and visa pathways and/or orientation on all the services facilitated by the Company.
Technical Training
Sub Franchise micro website with web forms and payment gateway integration.
Access to training portal for knowledge transfer and updates.
Assisting the IT Infrastructure for the Business of SF.
Listing on the Company and the F4MG website
Landing pages for marketing
Certificate of Association.
Access to Intellectual Property and relevant Credentials.
Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationery designs, and access to the promotional and client testimonial videos of the Company. Please note that the usage of logos, as per verbiage and terminology, is only permitted with advice and permission of the Company Management. All designs and content should be approved by the Company’s Marketing Team.
Full End-to-End Services from Visa Applications, Settlement Services and other services facilitated by the Company’s Service Providers.
Access and first right of refusal to any new products/services launched by the Company.
Access and first right of refusal to all/any projects brought in by the Company.
Supervising and guiding the SF for all the sales, marketing, and documentation related matters of the Direct and Indirect Clients.
Oversee that the Service Provider(s) handle all file preparations, liaison with the relevant authorities and government officials, case flows, and lodge applications with the relevant Authority(s)/Government bodies of all Direct and Indirect Clients in a timely manner.
30(thirty) days handholding and training to the SF team and ongoing support and help till the term of the agreement.
The Company reserves the right to amend the Terms and Conditions at any time without prior notice.
Services Provided by the Sub Franchise
The SF will provide to the best of its capacities, on behalf of the company, the following services: The Sub Franchise will provide to the best of its capacities, the following services:
Local Media and Digital Marketing, seminars, generating leads and consulting the prospective client on all and any new services introduced by the Company, getting them to sign up the client, collect and send the basic required documentation as per the checklist to the Company.
Upon signing the client, the Sub Franchise agrees to send the documentation in one email to the Master Franchise (MF) within 2 days of the client paying their fees.
Payment receipt of the client
Resume/CV of the client
Color Passport Copy of the client
Resume/CV of the client’s dependent above 18
Color Passport Copy of the client’s dependent above 18
Once the SF’s client does the payment to the Company’s Trust Account, and upon confirmation from the Company, the MF will then sign the contract with the client directly and the MF will proceed with the documentation process directly with client in accordance to the check lists provided by the Company’s Service Provider(s). The SF shall not engage with any sort of commercial contractual agreements with their clients separately without the knowledge of the Company.
All client payments are to be received only in the name of the nominated authorised account of the Company, online via Debit/ Credit Card and/or bank transfers. The SF is not permitted to receive any monetary payment in any form like but not limited to, in cash or in any other company name, from the client(s), without prior written approval of the Company.
The SF shall conduct all communication and correspondence with the Master Franchise and the Company at its own cost.
The SF will represent the Company’s and its associates’ interests in the Location(s) of the Sub Franchise. The Sub Franchisee will report to the Master Franchise on a calendar month basis about the business and marketing plans and revenue projections.
The SF agrees to take over and absorb all existing costs, monthly and/or annual expenses including but not limited to the SF business license/registration renewal and related fees, rent of premises, Internet, telephone expenses, electricity charges, other utility charges and salaries and incentives to existing local staff of the SF and any other operational expansions and/or any other offices that are opened by the SF.
The SF agrees and understands to provide a minimum of 2 to 5 clients per month to the Company, for any services provided by the Company’s Service Providers. Meeting this requirement will ensure that the SF license remains active and is not subject to cancellation.
F4MG maintains a strict zero-tolerance policy towards Harassment, Discrimination, Bullying, Violence, Threats of Violence, Substance Abuse, Fraud Theft, any Unethical Conduct, and any Engagement or Involvement in (as specified here) by the client shall be deemed a material breach of their contract and these Terms and Conditions. In such instances, F4MG reserves the right to terminate the client contract immediately without any prior notice, and the client shall be liable for any resulting damages or losses incurred by F4MG. This policy underscores our commitment to maintaining a safe, respectful, and professional working relationship. During the term and after termination of the client contract or agreement for any reason whatsoever, the Client expressly undertakes not to do anything that might reasonably be expected to damage the business, interests, or reputation of F4MG and will not make or publish any disparaging remarks concerning F4MG, its representatives, or the Services. Any allegation of defamation and/or actual defamation (both oral and published statements) which causes harm to F4MG will lead to the termination of the client contract and/or the agreement, and F4MG has the right to pursue legal action against the Client. Each of the Parties guarantees that all information which is “Confidential Information” received from the other Party before, during and after the conclusion of these terms and conditions shall remain confidential. Information shall, in any event, be Confidential Information if it relates to pricing, discounts, if designated as confidential by either of the Parties or if it is otherwise of a confidential nature. – Confidential Information will not be of a confidential nature if it had already been disclosed to the public at the time it was revealed to the relevant Party.
This Agreement shall be construed and enforced in accordance with the laws of Dubai, United Arab Emirates (UAE) (for Clients/User/Sub-Franchise Globally), without regard to the Client’s state or country of residence. The Client submits to the exclusive jurisdiction of the courts of Dubai, UAE, for the enforcement of the Agreement or any arbitration award or decision arising from the Agreement.
If a dispute arises between the Client and other clients, the Client understands and agrees that F4MG is under no obligation regarding such disputes. To the fullest extent permitted by law, the Client hereby releases F4MG and its affiliates and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from and agrees to indemnify F4MG for any losses incurred in connection with any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
The Client acknowledges and agrees that in case it is unable to resolve disputes with other clients, F4MG has the right to remove the Client from the Website and terminate the Agreement.
F4MG is committed to protecting the privacy and security of its Clients’ personal information. This Privacy Policy explains how it collects, uses, discloses, and safeguards the information when the Client visits the website. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Website.
Information F4MG Collects
F4MG may collect the Client’s personal information when they interact through the Website. The types of personal information F4MG may collect include:
- Contact Information, such as name, email address, mailing address, and phone number.
- Identification Information, such as passport number, driver’s license number, or other government-issued identification.
- Immigration Information, such as immigration status, visa application details, and other information related to immigration matters.
- Payment Information, such as credit card number or other payment details.
- Usage Information, such as information about how the Client uses the Website and interacts with F4MG.
How F4MG Uses the Information
F4MG may use the information collected for various purposes, including:
Providing immigration services and assisting with immigration matters.
Communicating with the Client and responding to their enquiries.
Processing the payments and fulfilling orders.
Improving F4MG’s products and services.
Marketing and promotional purposes, with the Client’s consent.
Compliance with legal obligations.
Disclosure of Client Information
F4MG may disclose the Client’s personal information to third parties in the following circumstances:
To the service providers who assist F4MG in operating the Website and providing the services.
To government agencies or authorities as required by law or legal process.
To third parties with the Client’s consent.
- In the event of a corporate transaction, such as a merger or acquisition.
Data Security
F4MG takes reasonable measures to protect the Client’s personal information from unauthorised access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure and F4MG cannot guarantee absolute security.
Client’s Choices
The Client has certain choices regarding the personal information F4MG collects about them. The Client can choose not to provide certain information, which may limit the Client’s ability to use certain website features. Additionally, the Client can opt out of receiving marketing communications from F4MG by following the instructions provided in those communications.
Updates to the Privacy Policy
F4MG may update the Privacy Policy from time to time. Any changes will be posted on this page, and the “Last Updated” date at the top of this Privacy Policy will be revised accordingly. F4MG encourages Clients to review this Privacy Policy periodically for any updates.
Contact Us
If you have any questions or concerns about the Privacy Policy or privacy practices, please contact us at [email protected]
The Client hereby authorise F4MG, utilising payment gateway facilities powered by Immigration Business Alliance, trading as IBA Partner, (Flagship Company/Parent Company-Best Migration Services Global Pty Ltd), and its associates and/or nominees (collectively referred to as the ‘Company’) to employ their nominated third-party online payment gateway provider for processing payments (including but not limited to one-time payments or periodic payments/direct debits) which will be charged to The Client’s debit or credit card based on the agreed payment arrangement for the fees. The Client acknowledges that the Company may utilise the financial information provided by The Client to the Company and/or the third-party online payment gateway provider for these transactions.
The Company provides no warranty, whether express or implied, regarding the operation of the Payment Gateway beyond the specifications outlined for its intended purpose. The Client explicitly acknowledges that utilising the online payment service is entirely at The Client’s own risk and discretion. It is The Client’s responsibility to promptly notify the Company of any changes to The Client’s account information and to ensure that adequate funds are available when making one-time payments or when periodic payments/direct debits are scheduled. The Client is aware that failure to meet the obligations of periodic direct debits may result in additional fees and charges (penalties), as stipulated in the Company’s terms and conditions.
The Client acknowledges that the financial information will be processed through the third- party online payment gateway provider, which will charge the debit or credit card for the one-time payments or periodic payments/direct debits as per the agreed Schedule of Fees. The Client understands and agrees that the financial information will be stored with the third-party online payment gateway provider for future transaction reference related to any payment processes conducted through the payment gateway facility.
The Client will be solely responsible if The Client uses a third-party debit or credit card for the payments and the Company will not be responsible or liable in anyway whatsoever for any transactions made through the third-party debit or credit card. The Company, F4MG, its affiliates or employees shall, in no way, be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data or any other intangible losses arising out of or in connection with the access to or usage of the Payment Gateway services.
The Client acknowledges that the Client Payment Declaration is to be read in conjunction with the Company’s terms and conditions mentioned on the Company website. The Client acknowledges and agrees that, once The Client makes a payment using the payment gateway facility mentioned above, including by way of direct debit, that The Client will not be entitled to any refund or reimbursement for such payment under any circumstances whatsoever. The Client acknowledges that if The Client disputes any payments made, that The Client must contact the Company or F4MG directly to lodge any compliant or request any refund. Any refund that The Client is entitled to will be made by the Company or F4MG in accordance with their respective terms and conditions. The Client agrees not to make any claim against and hereby forever release the Company and F4MG from any claim, action, or lawsuit. The Client further agrees not to ask their financial institution to recover any payments made via the payment gateway facilities and hereby indemnify the Company or F4MG against any loss suffered by the Company in the event any payment made via the payment gateway facility is reversed, refunded or recovered in any way.
The Client hereby indemnifies and hold harmless the Company, F4MG and their respective officers, directors and employees, from any claim or demand, or actions. The Company will not be liable for any failures in the external link or for any fraud perpetrated either at the Payment Gateway and/or at any circumstances that could take place during or after the time of making the payment.
By proceeding ahead with the payment process, The Client expressively agrees and provides consent to the entire Terms and Conditions of the Company, F4MG and all relevant Service Providers.
The Refund and Cancellation page outlines the rules and regulations. Before paying F4MG, please review the refund policy below.
The Client agrees to pay the instalment as per the F4MG fee schedule at the time of their registration. F4MG will retain the amount until it receives a reply from the relevant Registered Migration Agent and/or Legal Practitioner. If the relevant Migration Agent and/or Legal Practitioner does not take up the Client’s case, then F4MG will refund the full amount to the Client. If the relevant Migration Agent and/or Legal Practitioner agrees to take up the Client’s case, then F4MG will retain the amount for processing the application.
The service fees are only for documentation consultancy and collection advice fees and do not include air tickets to the Client’s respective destination, police clearance certificate(s), and health examination(s). All other relevant authorities’ fees must be borne by the Client at actuals. The service fees are not refundable regardless of the outcome of the Client’s application.
Consultation Payment: As the demand for a consultation service is very high, F4MG generally does not offer refunds for cancelled appointments. However, if F4MG is given more than 48 hours’ notice, they are happy to credit paid fees towards rescheduling another consultation at a suitable time and date. If the client wishes to seek a refund based on exceptional circumstances, the circumstances will be considered, and a refund will be considered on a case-by-case basis. Refunds will be made to the original mode of payment used. Refunds will not be given if the Client has changed their mind.
Professional Service Fee: When the Client engages F4MG to act on their behalf, F4MG provides a comprehensive and professional service. The team starts working on the Client’s case immediately, providing ongoing advice as per the requirements throughout the process. Due to the amount of research work carried out on respective cases from the time of registration, F4MG generally does not offer refunds on professional service fees. If the Client wishes to seek a refund based on exceptional circumstances, the circumstances will be taken into consideration, and a refund will be considered on a case-by-case basis. Refunds will not be given if the Client has changed their mind.
Refund requests that have been approved will be processed according to F4MG’s accounting cycle. The payment will be made using the same method that the Client used to make the payment. All refunds are made at F4MG’s discretion.
F4MG does not guarantee the completeness or accuracy of work, nor the handling of complaints or payments made to, but not limited to, authorised Registered Migration Agents (RMAs), Immigration Lawyers, Business Brokers, Financial Consultants, Certified Accountants, Management Consultants, Real Estate Brokers, Builders, etc. F4MG makes no representations regarding the suitability of these services for any specific purpose. For more details, please refer to F4MG’s Disclaimer statement.
If you have any questions or comments about the Refunds and Cancellation Policy as outlined above, you can contact us at: [email protected]