“Agent” means STUDY IN Pty Ltd (ABN 35 608 179 540).

“Agreement” means this Client Service Agreement and all amendments thereto.

“Application” means the submission of documents required for the Client’s enrolment with an Educational Provider or for visa processing.

“Assessor” means a duly appointed person at an Educational Provider who evaluates the Client’s application.

“Client” means the person identified at the commencement of this Agreement.

“Consultancy Fee” means the portion of the Total Fee retained by the Agent as remuneration for services.

“Cooling-Off Period” means the period of five (5) business days from the date of execution, during which the Client may withdraw under Clause 13.

“Educational Provider” means any Registered Training Organisation (RTO), TAFE, or University.

“RPL” means Recognition of Prior Learning — the process of assessing competency acquired through formal and informal learning.

“RTO” is defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth).

“RTO Fee” means the portion of the Total Fee remitted to the Educational Provider on the Client’s behalf.

“Supporting Documents” means all information and materials provided by the Client to support Applications.

“Total Fee” means the combined Consultancy Fee and RTO Fee payable by the Client.

2.1 Study In Pty Ltd is an independent education consultancy that assists clients in pursuing courses offered by Educational Providers. The Agent is not an RTO and does not deliver training, conduct assessments, or issue qualifications.

2.2 The Agent assists the Client with information collection, document compilation, and Application submission to Educational Providers as detailed in Clause 4.

2.3 The Client acknowledges that Assessors at Educational Providers bear sole responsibility for evaluating applications according to their institutional standards.

2.4 Breach of duties under this Agreement may result in termination under Clause 10.

3.1 This Agreement remains in force until the Agent receives and communicates the final decision from the Assessor regarding the Client’s Application, unless earlier terminated under Clause 10 or by mutual written agreement.

3.2 The Client warrants that all documents and information provided to the Agent are true, accurate, and complete. The Agent verifies documents for completeness and format but does not warrant the authenticity of Client-provided information. The Client indemnifies the Agent against any loss arising from false or incomplete information.

3.3 The Agent does not complete assessments or documentation determining Client competency for qualifications or subjects via RPL.

3.4 The Agent’s assistance is limited to: (a) explaining documentation requirements; (b) identifying which documents the Client needs; (c) reviewing documents for completeness and format; and (d) collating and submitting the Application. The Agent is not responsible for obtaining, translating, or certifying documents.

3.5 Where only one Educational Provider is available for the Client’s chosen qualification, the Agent shall disclose this in writing before submission. The Client may proceed or withdraw under Clause 13 (Cooling-Off) or Clause 10.

3.6 The Client is liable for any information in Application documents that is fraudulent, misrepresentative, or dishonest. The Agent is indemnified under Clause 6 from matters arising from Client misconduct.

3.7 Both Parties certify they possess the authority and legal capacity to enter this Agreement.

The Agent shall:

4.1 Provide information regarding options and courses offered by multiple Educational Providers, including the provider’s name, registration number, and ASQA regulatory status.

4.2 Assist the Client with application forms, collect and collate information and materials, and submit Applications by prescribed dates.

4.3 Correspond with and notify the Client of all material communications from Educational Providers relevant to the Client's application, enrolment, regulatory status, or qualification, including regulatory notices and ASQA correspondence.

4.4 Before submitting any Application, provide the Client with written confirmation of the specific Educational Provider selected, including name, registration number, qualification code and title, and ASQA status. The Client must provide written confirmation (including by email) that they wish to proceed before the Agent submits the Application.

4.5 Exercise reasonable care in selecting Educational Providers, including checking registration status on the ASQA National Register and disclosing any known regulatory conditions, sanctions, or pending actions.

The Agent’s services do NOT include:

4.6 Career counselling, financial advice, legal representation, advocacy before regulatory bodies or courts, or any service not described in this Clause 4. Additional services require written agreement and may attract additional fees.

4.7 The Agent does not guarantee any particular outcome, including: enrolment approval; qualification issuance; RPL success; visa grant; employment or income outcome; licensing or accreditation outcome; or recognition of a qualification by any employer, regulator, or government authority. The Agent’s obligation is limited to performing services with due care and skill. This does not limit the Client’s rights under Australian Consumer Law where the Agent has made a specific representation about an outcome.

5.1 Both Parties undertake to act in good faith regarding all matters relating to this Agreement.

5.2 Failure or delay by a Party in exercising any right shall not constitute waiver. Waivers must be in writing.

5.3 No Party may commence court proceedings without first meeting to seek good faith resolution, except when seeking urgent relief. Nothing limits either Party’s right to lodge a complaint with Consumer Affairs Victoria, seek VCAT resolution, or exercise rights under Australian Consumer Law.

5.4 Notices must be in writing, sent by post or email. Notices are deemed served 48 hours after posting or at time of email transmission.

5.5 This Agreement contains the entire understanding between Parties and supersedes all prior agreements. Nothing excludes liability for pre-contractual representations that are misleading or deceptive under section 18 of the Australian Consumer Law.

Client’s Obligations

6.1 The Client shall not provide information known to be false, deceptive, or misleading. Doing so constitutes breach entitling the Agent to terminate under Clause 10.

6.2 The Agent provides no guarantee of acceptance when submitting Applications to Educational Providers. The Agent assumes all Client-provided information is correct, accurate, reliable, and free from dishonesty.

6.3 The Client releases the Agent, to the extent permitted by law, from claims arising from: RTO assessment decisions; regulatory actions beyond the Agent’s control; delays caused by Client failure to provide documentation; or outcomes resulting from false information provided by the Client.

6.4 The Client is responsible for fees payable due to Client-caused delays contributing to late Application submission.

Agent’s Obligations

6.5 The Agent is responsible solely for its own actions in performing duties under Clause 4.

6.6 The Agent shall indemnify the Client for direct loss arising from: (a) failure to verify registration status before submitting an Application; (b) failure to disclose known regulatory conditions; (c) failure to notify the Client of material communications from an Educational Provider; or (d) submitting to a provider whose registration the Agent knew or ought to have known was subject to cancellation.

6.7 The Agent’s total aggregate liability under Clause 6.6 shall not exceed the Total Fee paid by the Client for the relevant enrolment.

6.8 To the extent permitted by law, the Agent is not liable for indirect, consequential, or special loss including: loss of income; loss of employment opportunity; migration or visa-related losses; loss of anticipated savings; or emotional distress. This does not limit the Client’s rights under Australian Consumer Law.

7.1 The Agent offers migration services through registered migration agents who may submit documents for Client visa applications. Migration service fees are payable upfront.

7.2 Neither the Agent nor registered migration agents are responsible for visa refusals or decisions by the Department of Home Affairs. Subject to the Client’s rights under Australian Consumer Law, migration service fees are non-refundable notwithstanding visa outcomes.

7.3 The Agent’s visa indemnity applies during this Agreement and continues after service cessation pending decision outcomes.

7.4 Migration services referred to in this Clause are subject to a separate Migration Services Agreement between the Client and the registered Migration Agent, which governs the terms, fees, and obligations specific to migration services. This Agreement does not replace or override the Migration Services Agreement.

8.1 Fees comprise two components: (a) the Consultancy Fee retained by the Agent; and (b) the RTO Fee remitted to the Educational Provider. Both components shall be disclosed before any payment is accepted. All invoices shall separately itemise the Consultancy Fee and the RTO Fee.

8.2 The Educational Provider’s name, registration number, qualification details, and ASQA status shall be provided in writing before the Application is submitted.

8.3 The Agent is not responsible for academic assessment decisions by Educational Providers, provided the Agent has discharged its obligations under Clause 4.

8.4 The Educational Provider’s refund policy is outside the Agent’s control. The Agent shall direct the Client to the provider’s refund policy before collecting payment and accepts no liability for refund decisions made by the provider.

8.5 Some Educational Providers charge non-refundable assessment fees, generally $250–$500 AUD. The Agent shall inform the Client in writing of the exact amount before submission. Where the fee differs from this range, the exact amount shall be disclosed in writing before payment.

8.6 No payment shall be accepted until the Client has signed this Agreement and received an itemised Tax Invoice.

8.7 The Agent accepts payment by bank transfer, credit card, or other method agreed in writing. A tax invoice shall be provided for every payment.

8.8 Instalment plans must be documented in writing and signed by both Parties. Failure to meet instalment obligations may result in service suspension.

8.9 Overdue payments (14+ days) will receive a written reminder. The Agent may suspend services but shall not charge interest or late fees.

8.10 Where the Agent has remitted the RTO Fee and the Client reverses or initiates a chargeback on that payment, the Client remains liable for the full amount. The Agent may recover the remitted amount as a debt due and payable. The Client shall indemnify the Agent for reasonable costs incurred in recovering amounts under this clause, including bank fees, merchant fees, and debt recovery costs.

8.11 The Agent shall maintain records of all payments received and remitted, and shall provide the Client with a statement of account upon written request.

9.1 Clause 8 applies to RPL applications. The following additional terms apply to refunds:

9.2 A deposit is refundable only if: (a) the Client notifies the Agent in writing before the Application has been submitted to the Educational Provider for assessment, via Refund Request Form to accounts@studyin.com.au (the Agent may retain an administration fee not exceeding $150 AUD); or (b) an Assessor determines the Client is ineligible and the Client is entitled to a refund under Australian Consumer Law.

9.3 After submission, the Consultancy Fee may be non-refundable on the basis that core service obligations are complete. On dispute, the Agent shall provide a written statement of services performed and costs incurred. The RTO Fee is refunded per the Educational Provider’s policy.

9.4 Where the Client independently identifies and enrols directly with an Educational Provider without any prior introduction or assistance from the Agent, the Agent shall not charge a Consultancy Fee for that enrolment.

9.5 Where the Agent has performed substantial services under Clause 4 — including document preparation, Application compilation, or Educational Provider introduction — and the Client subsequently enrols directly with the same Educational Provider for the same qualification without the Agent completing the submission, the Consultancy Fee for services already performed remains payable. This clause applies only to the specific Educational Provider introduced by the Agent and the specific qualification for which services were rendered. This clause does not limit the Client’s rights under Australian Consumer Law, and any dispute regarding the value of services performed shall be resolved under Clause 11.

9.6 Refund Request Forms must be submitted to accounts@studyin.com.au. All refunds shall be processed within 14 business days. Appeals may be sent to complaints@studyin.com.au, accounts@studyin.com.au, and ceo@studyin.com.au. The Agent shall respond within 14 business days.

9.7 Original hard-copy documents received from Educational Providers shall be held for Client delivery. Where the Agent cannot contact the Client within sixty (60) days of receipt, hard copies shall be securely destroyed after reasonable contact attempts. Electronic retention is governed by Clause 10.4.

Agent’s Right to Terminate

10.1 The Agent may terminate by written notice upon: (a) material breach of Client obligations under Clause 6; (b) provision of false or misleading information; (c) failure to provide requested documentation within reasonable timeframes; (d) conduct that materially prejudices the Agent’s ability to perform; (e) breach of payment obligations; or (f) abusive, threatening, harassing, or unlawful conduct by the Client toward the Agent’s staff, contractors, or Educational Providers.

Post-Termination

10.2 If Applications have been submitted before termination: (a) the Educational Provider continues processing per its own policies; (b) the Client becomes solely responsible for communications with the provider; (c) the Agent has no obligation to pursue refunds or follow up; and (d) refunds are governed by Clause 9 and the provider’s refund policy.

10.3 Where Applications remain unsubmitted, the Agent may charge for services performed and cease work without financial liability.

10.4 Upon termination, original hard-copy documents shall be returned within 30 business days of written request. The Agent may retain electronic copies for six (6) years solely for: (a) Australian tax and record-keeping obligations; (b) regulatory enquiries or audits; (c) defending legal claims; and (d) document storage obligations under Clause 9.7. After six years, electronic copies shall be securely destroyed and confirmed in writing upon request.

Client’s Right to Terminate

10.5 The Client may terminate by written notice upon: (a) exercising the Cooling-Off Period (Clause 13); (b) Agent material breach of Clause 4 unremedied within 14 days of written notice; (c) Agent failure to respond within 14 business days; (d) the Educational Provider’s registration being cancelled or suspended; or (e) Agent failure to provide fee or RTO disclosures required under Clause 8.

10.6 Where the Client terminates under 10.5(b)-(e), the Consultancy Fee refund shall be reduced by the reasonable value of services already performed by the Agent, calculated on a pro-rata basis. The Agent shall provide the Client with a written statement of services performed and their value. The RTO Fee is refunded per the provider’s policy, and the Agent shall use reasonable endeavours to recover it. This clause does not limit the Client’s rights under Australian Consumer Law.

11.1 The disputing party must provide written notice with sufficient detail. Parties must meet to attempt good faith resolution. If unresolved after seven days, disputes shall be submitted to mediation under Resolution Institute Mediation Rules.

11.2 Both Parties shall have sufficient opportunity to present supporting evidence.

11.3 If Parties cannot reach agreement, either may terminate under Clauses 10 and 11. Neither Party may commence proceedings except for urgent interim relief.

11.4 Nothing limits either Party’s right to: (a) lodge a complaint with Consumer Affairs Victoria; (b) apply to VCAT; or (c) exercise rights under Australian Consumer Law.

12.1 The Agent is not an RTO. Regulatory actions by ASQA concerning RTOs are beyond the Agent’s direct control. The Agent exercises reasonable care in selecting Educational Providers but does not guarantee their ongoing regulatory standing.

12.2 If regulatory action results in cancellation or suspension of an Educational Provider’s registration after the Agent has submitted an Application, the Agent shall: (a) notify the Client within five business days; (b) provide all relevant correspondence; (c) assist the Client in understanding their options; and (d) facilitate re-enrolment at an alternative provider at no additional Consultancy Fee.

12.3 Where registration is cancelled or suspended and the Client’s qualification is affected: (a) the Client is entitled to a full Consultancy Fee refund; (b) the Agent shall endeavour to recover the RTO Fee; (c) where unrecoverable, Parties shall discuss fair allocation in good faith; (d) nothing limits the Client’s rights under Australian Consumer Law.

12.4 For re-enrolment, the Agent shall present at least two alternative providers where reasonably available and allow the Client to choose. This obligation applies for 14 days from notification and is limited to one re-enrolment per regulatory event.

13.1 The Client may withdraw from this Agreement within five (5) business days from execution (“Cooling-Off Period”) by written notice to accounts@studyin.com.au.

13.2 If the Client withdraws during the Cooling-Off Period: (a) the Agent shall refund the full Total Fee within seven business days; (b) the Agent shall cease all work; and (c) the Client shall return any Agent-provided materials.

13.3 If the Agent has already submitted an Application before the Client exercises the Cooling-Off Period, the RTO Fee may be subject to the Educational Provider’s refund policy. The Consultancy Fee shall be refunded in full regardless.

13.4 After the Cooling-Off Period expires, refunds are governed by Clauses 9 and 12 and by the Client’s rights under Australian Consumer Law.

Confidentiality

14.1 Parties shall maintain confidentiality of this Agreement's terms and all personal, financial, and educational information exchanged ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was known to the receiving Party before disclosure; (c) is independently developed by the receiving Party; or (d) is required to be disclosed by law, regulation, or court order. Confidentiality obligations survive termination for the duration of the data retention period in Clause 10.4 or six (6) years from termination, whichever is longer.

Privacy and Data Protection

14.2 The Agent collects, uses, stores, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

14.3 The Client consents to the Agent sharing personal information with Educational Providers and, where applicable, registered Migration Agents for the purpose of this Agreement. The Agent shall not disclose the Client's personal information to any other third party without the Client's prior written consent.

14.4 The Client may access, correct, and request deletion of their personal information, subject to legal retention obligations. The Agent shall implement reasonable security measures.

Australian Consumer Law

14.5 Services under this Agreement are subject to consumer guarantees under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010), including: due care and skill (s.60); fitness for purpose (s.61); and supply within a reasonable time (s.62).

14.6 Nothing in this Agreement excludes or restricts consumer guarantees. Any term purporting to do so is void under section 64 of the ACL. The Client’s remedies include refund, compensation, or cancellation.

Other

14.7 If any provision is held invalid, the remainder retains full force.

14.8 This Agreement is governed by the laws of Victoria and the Commonwealth of Australia. Parties submit to the exclusive jurisdiction of Victorian courts.

14.9 This Agreement may be executed in counterparts and electronically, including via DocuSign, Adobe Sign, or equivalent platform providing a tamper-evident audit trail. Electronic signatures are valid and binding under the Electronic Transactions Act 1999 (Cth).

14.10 This Agreement does not create partnership, joint venture, or employment relationships between Parties.

Intellectual Property

14.11 All templates, forms, procedures, guides, checklists, document packs, and materials provided by the Agent to the Client in connection with this Agreement remain the intellectual property of the Agent. The Client may not reproduce, distribute, modify, or commercially use any such materials without the Agent's prior written consent. This clause survives termination of this Agreement.

Client Conduct

14.12 The Agent may immediately suspend or terminate services where the Client engages in abusive, threatening, harassing, or unlawful conduct toward the Agent's staff, contractors, or Educational Providers. Where services are terminated under this clause, the Consultancy Fee is non-refundable to the extent of services already performed. The RTO Fee component remains subject to the Educational Provider's refund policy and the Client's rights under Australian Consumer Law.

Force Majeure

14.13 Neither Party shall be liable for failure to perform obligations under this Agreement where such failure results from circumstances beyond the Party's reasonable control, including but not limited to: natural disaster, pandemic, government action, regulatory system failure, cyberattack, or telecommunications failure. The affected Party shall notify the other Party promptly and use reasonable endeavours to resume performance.

By signing this Agreement, the Client confirms ALL of the following:

Fee Disclosure (replaces Schedule A)

15.1 I understand that fees comprise: (a) a Consultancy Fee retained by Study In Pty Ltd; and (b) an RTO Fee remitted to the Educational Provider. Specific amounts are set out in the Tax Invoice issued for each enrolment. No payment shall be accepted until I have received an itemised Tax Invoice.

15.2 I understand which fees are non-refundable (as identified on the Tax Invoice) and the circumstances under which fees are refundable (Clauses 9, 10, 12, and 13).

RTO Identification and Consent (replaces Schedule B)

15.3 I have been presented with information about the Educational Provider and at least one alternative, or, where only one is available, the Agent has disclosed this limitation per Clause 3.5.

15.4 I understand that Study In Pty Ltd is an independent consultancy and is not the Educational Provider. Study In does not deliver training, conduct assessments, or issue qualifications.

15.5 I have chosen my Educational Provider and understand that registration status was verified at the time stated in my enrolment documentation. The Agent does not guarantee ongoing regulatory standing.

15.6 I have been provided with the Educational Provider’s refund policy.

Role Disclosure (replaces Schedule C)

15.7 I confirm I understand the respective roles and responsibilities of Study In Pty Ltd and the Educational Provider as set out above.

Complaints

15.8 If I have a complaint about Study In’s services, I can contact: complaints@studyin.com.au or ceo@studyin.com.au.