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Terms and Conditions

Access to Frank Lanza Migration Services website and the purchase of any services from Frank Lanza Migration Services is conditional upon you reading and accepting all of the Terms and Conditions in, and linked to, the Terms of Use, the Terms of Service, and Privacy Policy, as they exist at that time. These Terms are subject to change at the sole discretion of Frank Lanza Migration Services.
 

Definitions:

"We", "our", "us", or "Franklanza.com" shall mean Frank Lanza Migration Services, whose principal place of business and address for service is 1st Floor, 78 Grafton Street, Cairns 4870, QLD Australia and shall include all directors, employees, agents and sub contractors of Frank Lanza Migration Services.
"Client" or "User" or "you" or "your" means the individual visiting franklanza.com.
"Member Only Area" means the secure online system managed by Frank Lanza Migration Services which allows Client’s to enter and update their personal information and access our Service from any computer with internet access.
"User Account" means the information provided by the Client about the Client.
"Service" means one of services provided by Frank Lanza Migration Services.
"Terms" means these terms and conditions.
"Working Day" means a day on which banks are open for business in Cairns, QLD Australia.
"Website" means www.franklanza.com.
"Application" shall mean the provision of advice, preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorisation, including but not being limited to work permits, visas applications for leave to remain, reviews, occupations assessments, business plans, sponsorship approvals, petition approvals, landing rights, changes or adjustments of status, naturalisation and citizenship, which benefit or authorisation may be conferred by any government in the world.
"Fees" shall mean any sums due to us for services rendered plus any taxation or other governmental fee, levy or penalty applicable thereto, including but not being limited to GST.


Registration:

Please be aware that to comply with Department of Immigration and Citizenship (DIAC) regulations, you are required to read the information about the Migration Advice Profession. These items are available at the links below. The Client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to Frank Lanza Migration Services.
You can view "Information for consumers" and "Information about the Migration Agent Profession" at the links below:
https://www.mara.gov.au/Consumer-Information/Information-for-Consumers/default.aspx
https://www.mara.gov.au/Agent-Information/Resources/IRMAP/Information-about-the-Migration-Advice-Profession/default.aspx
You can view the Migration Agent Code of Conduct at the link below:
https://www.mara.gov.au/Site-Layout/Code-of-Conduct/default.aspx


Frank Lanza Visa Wizard:
The information contained on the Frank Lanza Visa Wizard is only intended to provide an initial indication of your visa eligibility and should not be applied to an individual case. The Frank Lanza Visa Wizard Result does not guarantee any outcome in relation to any visa application you may lodge in the future.
As Australian Immigration law is subject to regular legislative and other practical changes, you need to provide detailed information to enable one of our Registered Migration Agents to provide a comprehensive assessment of your personal situation. Further analysis is required by one of our Registered Migration Agents to determine your suitability for a visa.

 
User Account:
If you use this website, you are responsible for maintaining the confidentiality of your User Account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User Account or password.
You are required to enter your User ID and password each time you access the Member Only Area. Since access to your User Account is protected by your User ID and password, it is important that you protect your password by making it known only to you. Your login information should not be written down or accessible to other persons, even if you believe it is disguised. Do not disclose your User ID and password to anyone.
Frank Lanza Migration Services will not be held responsible for any access gained by third parties to your User Account, whether the login details were provided by you or were otherwise obtained.
Frank Lanza Migration Services reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.


1. Engagement of Frank Lanza Migration Services
 
The Services provided by Frank Lanza Migration Services do not guarantee any outcome in relation to any visa application you may lodge in the future.
 
1.1 Online Services: Visa Review Service / Visa Information Service / Q&A Ticket Service / Live-Chat, Phone or Office Consultation:
You will be deemed to have engaged the services of Frank Lanza Migration Services upon payment of the Service fee.
 
1.2 Prime Visa Service:
You will be deemed to have engaged the services of Frank Lanza Migration Services upon payment of the Prime Visa Service Fee. Once the payment is received, a Registered Migration Agent will contact you to gather all of the information needed to prepare and submit your visa application to DIAC on your behalf. Frank Lanza Migration Services will agree to act on your behalf only if it forms the view that the application has a favourable chance of success, based on the initial assessment.
 
1.3 Employment Match Service:
You will be deemed to have engaged the services of Frank Lanza Migration Services upon payment of the Employment Match Service Fee. Once the payment is received, a Registered Migration Agent will contact you to gather all of the information needed to prepare the service.
 
1.4 General Information:
Immigration legislation and policy is subject to frequent change. All advice is based on the legal and policy requirements which are applicable and publicly available at the time you access our services.
There is sometimes a time lag between the date when legal and policy changes come into effect and the date when the text of these changes becomes publicly available. Frank Lanza Migration Services cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the Service has been provided to the Client. (Prime Visa Service only - If such changes affect the application, we will advise you as soon as possible and take any necessary action to deal with it).
Although we will use our best endeavours to ensure the success of your visa application, we cannot guarantee that it will be approved.  

 
2. Electronic Communications
When Client’s visit Frank Lanza Migration Services website, send e-mails to us or by communicate via the Member Only Area (using the Q&A Ticket Service), you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.
We will communicate with you by e-mail or by posting notices on this site (using the Q&A Ticket Service). If the Client does not respond to any communication related to the provision of the Service within three (3) working days, such failure will be deemed as the Client’s express consent to prepare the selected Service based on the information previously provided by the Client.
All correspondence with Frank Lanza Migration Services must be through the Member Only Area. Frank Lanza Migration Services reserves the right not to respond to or action any query which is not sent through the Member Only Area (using the Q&A Ticket Service). You can elect to discontinue all future correspondence from Frank Lanza Migration Services at any time by selecting the “Unsubscribe” link in the Member Only Area of our website. Frank Lanza Migration Services will not be responsible for any loss of data or visa/immigration advice resulting from the Client selecting to unsubscribe their details.
 
 
3. Fee Schedule
A copy of the Fees can be found on the Frank Lanza Migration Services website.

 
3.1 Prime Visa Service and Employment Match Service Additional Expenses:
There are additional government related costs associated with the Visa Application process, such as your medical examination, police clearance, and English language test (where applicable). These charges may vary according to the relevant individual or authority in your home country, and are to be paid directly to these authorities.
The English Language Test used is the International English Language Testing System (known as the IELTS test). We will advise you about this test and where it is to be taken if it is necessary for the purposes of your visa application.
You acknowledge that Frank Lanza Migration Services will not be obliged to lodge the visa application until all relevant documentation requirements have been satisfied and you have paid the fees mentioned above.
Please note a Health or Character Wavier is not included in the Prime Visa Service. If a Health and/or Character Wavier is required to be included with the visa application, we will provide an estimated potential cost. The cost of preparing a Health and/or Character Wavier is calculated on our standard hourly rate of service.   
 
3.2 Prime Visa Service and Employment Match Service Disbursements:
Frank Lanza Migration Services may incur additional "out of pocket" expenses which a third party will be charged to you at cost. These expenses are in addition to our professional fees. Our charges for photocopying and postage are AU$20. Our file administration fee is AU$100.
Frank Lanza Migration Services may ask you to pay for some of the expenses before they are incurred. Frank Lanza Migration Services will not incur any out-of-pocket expenses for any single item in excess of AU$50 without first seeking your approval.
 
3.3 Goods and Services Tax:
All amounts paid by you within Australia are subject to a 10% Goods and Services Tax (GST). Fees paid from outside of Australia do not attract GST. There is no GST applicable to DIAC lodgment fees.
 
 
4. Responsibilities of the Client
On entering this agreement you agree to:

  • Provide accurate authentic and complete information to Frank Lanza Migration Services throughout the period of engagement;
  • Inform Frank Lanza Migration Services if any of the information provided to Frank Lanza Migration Services becomes inaccurate or incorrect;
  • Pay the fees and disbursements set out in part 3 above; and
  • Use the “Q&A Ticket Service” as the primary form of communication with Frank Lanza Migration Services during the provision of the service provided.

Failure to meet any of these terms may result in a weakened and ultimately unsuccessful Visa Application. Frank Lanza Migration Services will not be obliged to refund fees if this occurs.
 
Information Provided by the Client:
Frank Lanza Migration Services will use and rely on information provided by the Client in the provision of the Service without having independently verified or assumed responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the Client must be correct, including contact details such as e-mail, etc. If the information provided by the Client is not correct, the Service may not be accurate.
Any advice provided to you should not be used by a third party as each case is subject to different documentation and form completion requirements according to individual circumstances.
 
 
5. Variation
This agreement may be varied in writing by mutual agreement. All work performed for you by Frank Lanza Migration Services and its employees and consultants will be in accordance with the terms set out in our terms and conditions, or any subsequent variation signed by both parties.
 
 
6. Code of Conduct
Under Australian law, any migration agent who provides advice within Australia must be registered with the Office of the Migration Agents Registration Authority (OMARA). OMARA is responsible for administering the Code of Conduct (“the Code”), which governs Migration Agents’ behaviour in regards to such issues as character, competency, diligence and fairness.
Migration Agents are also required to provide a copy of the Information on the Regulation of the Migration Advice Profession (“the Brochure”). This information is provided in the initial registration email you receive from us.
A copy of the Code and the Brochure can also be found on the Frank Lanza Migration Services website.
All migration agents are bound to provide their services in accordance with the Code. As such, among other things, Frank Lanza Migration Services undertakes to:

  • Confirm your instructions in writing;
  • Act in accordance with your instructions;
  • Keep you fully and regularly informed in writing of the progress of your application;
  • Provide you with a copy of the Code, upon request by you; and
  • Within a reasonable amount of time after your application is determined, inform you in writing of the outcome.

Please understand that registered migration agents are prohibited from making a statement, or encouraging the making of a statement, in support of an application under the Migration Act 1958 or the Migration Regulations 1994, which they know or believe to be misleading or inaccurate.
As part of the Prime Visa Service you are also entitled to receive, upon request, written progress reports and copies of your application and the ancillary documents. As a general rule, it the practice of Frank Lanza Migration Services to provide progress reports at the conclusion of every stage of a matter.
 
 
7. Prime Visa Service Client Notification Obligations
As your representative before DIAC, it is imperative that you or the visa applicant consult your migration agent before communicating with DIAC or taking any action which may affect your visa status or visa application. The types of events which could affect the application include:

  • Insolvency or bankruptcy;
  • Change of address or other contact details;
  • Changes in your marital status, health, citizenship, employment status; or
  • The incurring of civil or criminal liability by you or any accompanying family member.

Your health status and the health status of any accompanying family members are also relevant. All applicants for a visa must satisfy mandatory health requirements. If you or one family member fails to do so, all applicants for the visa will be refused even if all the other eligibility criteria have been satisfied.
It is essential that Frank Lanza Migration Services be advised of any changes of address or contact details in a timely manner. Migration legislation deems a person to have received DIAC correspondence if it was sent to the last known address given to DIAC regardless of whether or not they have in fact received it.
If a migration agent or legal representative is acting for you, you will be deemed to have received correspondence sent to the migration agent or legal representative. Frank Lanza Migration Services will not be liable for any adverse consequences that may result from your failure to notify changes of address or contact details in a timely manner or to keep Frank Lanza Migration Services informed of any change in your circumstances.

Frank Lanza Migration Services is no responsible for the following cases:

  • Visa cancellation or entry refusal in Australia because of your personal reasons
  • Delay of application processing because of unpredicted events such as natural disasters. 


8. Period of Engagement
It is difficult for Frank Lanza Migration Services to predict the time taken to complete the Services outlined above. This will depend on the service purchased and speed with which information is received from the Client, as well as the time taken by the relevant Assessment Authority and DIAC to process the respective applications.
 
8.1 Online Services: Visa Review Service / Visa Information Service / Q&A Ticket Service / Live-Chat, Phone or Office Consultation:
The period of engagement is considered to commence from the date that Frank Lanza Migration Services receives payment for the requested service. The engagement ceases upon completion of the Services, OR if the agreement is terminated earlier.
 
8.2 Prime Visa Service:
The period of engagement is considered to commence from the date that Frank Lanza Migration Services receives payment of the Prime Visa Service Fee. The engagement ceases upon completion of the Services, OR if the agreement is terminated earlier.
 
8.3 Employment Match Service:
The period of engagement is considered to commence from the date that Frank Lanza Migration Services receives payment of the Prime Visa Service Fee. The engagement ceases upon completion of the Services, OR if the agreement is terminated earlier.



9. Termination
You may terminate this agreement at any time by giving Frank Lanza Migration Services written notice. If you terminate the agreement, the date of termination is the date upon which written notice is received by Frank Lanza Migration Services.
Frank Lanza Migration Services may terminate this agreement by written notice any time in reasonable circumstances. Reasonable circumstances may include, but are not limited to the following:

  • Lack of response from you or other relevant parties;
  • Non provision of requested documents in a timely mamer
  • Providing (or suspicion of providing) fraudulent or bogus documents;
  • If your migration agent has determined that you are ineligible for this visa and has advised you in writing of the reason; or
  • For any other breach of the terms of this agreement.

If Frank Lanza Migration Services terminates the agreement, the date of termination is the date upon which it advises you of the termination.

If the agreement is terminated, Frank Lanza Migration Services shall be entitled to fees incurred up until and including the date that the agreement ceases, as set out below:
 
9.1 Online Services: Visa Review Service / Visa Information Service / Q&A Ticket Services / Live-Chat, Phone or Office Consultation:
Upon payment of the Service - 100% of Service Fee 
 
9.2 Prime Visa Service and the Employment Match Service:

  • Non Refundable Retainer - 15% of Service Fee       
  • Upon completion of Stage 1 - 25% of Service Fee 
  • Upon completion of Stage 2 - 75% of Service Fee
  • Upon completion of Stage 3 - 100% of Service Fee

 
9.3 Prime Visa Service (Skilled Visa Subclasses 189, 190, 489 and ENS Visas only):

  • Non Refundable Retainer - 15% of Service Fee       
  • Upon completion of Stage 1 - 25% of Service Fee 
  • Upon completion of Stage 2 - 50% of Service Fee
  • Upon completion of Stage 2A - 75% of Service Fee
  • Upon completion of Stage 3 - 100% of Service Fee

 
Please be aware that if you have paid for any of the completed stages and then cease using the Services for any reason, there will be no entitlement to a refund if the relevant stage has been completed. You will also be liable to pay for any disbursements incurred on your behalf up to the date of termination.
If Frank Lanza Migration Services does not receive any form of response from our correspondence for a six month period of time from the date of the last contact with the client, Frank Lanza Migration Services reserves the right to terminate the contract immediately and recuperate all the outstanding fees (fees remaining in the Client Account) to cover ongoing administration and file storage costs.


 
10. Disputes or Complaints
A number of avenues are available if a dispute or complaint arises between you and Frank Lanza Migration Services in relation to the provision of services under this agreement.
If you have any queries or concerns about our costs or provision of services, please discuss these with your migration agent as soon as they arise. If you are not satisfied with any action taken by Frank Lanza Migration Services to resolve your query or remedy your concern, you are entitled to refer the matter to the Migration Agents Registration Authority, PO Box Q1551 QVB NSW 1230 Australia.
  
 
11. Severance
In the event that any of the terms of this letter are, or become invalid, illegal, or unenforceable, the remaining terms shall endure unaffected.
 
 
12. Governing Law
Validity, interpretation and performance of the agreement created by your acceptance of the terms and conditions shall be governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals there from.
 
 
13. Prime Visa Service Document Retention Policy
When we have completed the Prime Visa Service, it is our practice to return all of your original documents. Any other documentation on your file to which you may be entitled - such as copies of your application, submission(s) and our correspondence with you and third parties ("your documents") - will be kept by us for at least two (2) years after work has been completed on your matter ("the document retention deadline"). You may request a copy of your documents at any stage before the document retention deadline.
If you request that a copy of your documents be sent to you or another person before the document retention deadline, Frank Lanza Migration Services will send these to you subject to your advance payment of our fees to cover photocopying and postage costs. Please note that our obligation to retain your documents concludes once we have sent them to you.
If you do not request that a copy of your documents be sent to you or another person before the document retention deadline, Frank Lanza Migration Services reserves the right to destroy your documents after the document retention deadline, unless we receive written instructions from you requesting that we continue to store your documents for a further period of up to five (5) years. Your documents can be retained for up to five (5) more years after the document retention deadline, but a storage fee of at least $500 will be charged. The storage fee must be paid in advance at the time you request that the documents be stored for a further five (5) years after the document retention deadline.


14. Acceptance

Prime Visa Service and Employment Match Service

As you (or the company) are the main applicant, you (or the company) will be the primary applicant and any accompanying individuals will be secondary applicants. You are deemed to have agreed to the terms and conditions on behalf of any secondary applicants whether they be adults 18 years of age or older or minors (children) under the age of 18 who are engaging our services.