3.1 The Parties shall remain bound by this Agreement until expiration, which shall occur automatically upon the Agent’s receipt of final decision from the Assessor regarding the Client’s Application outcome and communication thereof to the Client, unless earlier terminated pursuant to clause 10 or by mutual written agreement.

3.2 The Parties acknowledge that the Agent shall perform duties according to clause 4, including but not limited to information collation, document compilation, Application submission to Educational Providers, preliminary eligibility assessment, and fee collection at the Agent’s discretion as necessary to fulfill obligations hereunder. Applications shall be submitted following Assessment Tools and Resources, criteria, or benchmarking materials provided by Educational Providers. The Client acknowledges that the Agent is not an expert in document verification, examination, or authentication.

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

3.4 The Agent shall be responsible for lodging Applications by submission dates prescribed by Educational Providers, unless delayed by Client failure to provide requested information.

3.5 The Client acknowledges that Educational Provider Assessors may exercise discretion to approve or reject applications where the Client fails to meet eligibility requirements. Educational Providers reserve all liability and responsibility for Application outcomes and shall communicate results to the Agent, who shall relay such communication to the Client. Should the Client be dissatisfied with Application outcomes, the Client bears sole responsibility for contacting Educational Providers to resolve matters without Agent intervention, such resolution being outside the scope of Agent duties specified in clause 4.

3.6 The Client agrees to be liable for any information in Application documents deemed fraudulent, misrepresentative, incorrect, deceptive, deceitful, or dishonest. The Agent shall be indemnified pursuant to clause 6 from any matter arising from Client misconduct, and the Client shall be subject to Educational Provider resolution processes and legal ramifications.

3.7 The Client acknowledges that the Agent shall assist by providing options and information regarding courses, qualifications, and training offered by Educational Providers.

3.8 The Parties certify they possess requisite authority and legal capacity to enter this Agreement, having considered it in detail, understanding its consequences, and executing it freely.

The Agent is to perform the following duties:

4.1 Provide the Client with information regarding options and courses offered by Educational Providers.

4.2 Assist the Client in completing Educational Provider application forms and communicate with Educational Providers on the Client’s behalf.

4.3 Collect information from the Client relating to Applications to Educational Providers.

4.4 Collate materials obtained from the Client for Applications to Educational Providers.

4.5 Submit documents and supporting materials to Educational Providers by prescribed submission dates on the Client’s behalf.

4.6 Utilize Client materials in accordance with relevant tools, instruments, and information received from Educational Providers to submit Applications.

4.7 Correspond with and notify the Client of all communications received from Educational Providers relating to Applications.

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

5.2 Each Party shall promptly perform all acts and execute all instruments necessary to give full force and effect to this Agreement and their obligations hereunder.

5.3 Failure or delay by a Party in exercising any power or right (wholly or partially) shall not constitute waiver or prevent exercise of such power, right, or any other power or right. Waivers must be in writing.

5.4 No Party may commence court proceedings relating to disputes arising from or in connection with this Agreement (“Dispute”) without first meeting to seek good faith resolution (except when seeking urgent interlocutory relief or regarding compliance with this clause).

5.5 Notices under this Agreement must be in writing, addressed to the relevant address last notified by the recipient. Notices may be sent by standard post or email and shall be deemed served upon expiry of 48 hours (post) or at time of transmission (email).

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

5.7 This Agreement contains the entire understanding between Parties and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments, and agreements regarding its subject matter.

6.1 The Client shall not submit Supporting Documents to the Agent containing information known to be false, deceptive, or misleading. Should the Client knowingly submit incorrect information in Applications, such conduct shall constitute breach of this Agreement, entitling the Agent to termination pursuant to clause 10.

6.2 When submitting Applications to Educational Providers, the Agent provides no guarantee of acceptance.

6.3 In preparing Supporting Documents and collating information for Educational Provider Applications, the Agent assumes all Client-provided information is: (a) Correct; (b) Accurate; (c) Reliable; (d) Plausible; (e) Not misleading; (f) Not fraudulent; (g) Not deceptive; and (h) Free from dishonesty that could result in Application rejection on forgery grounds.

6.4 The Agent is indemnified from all recourse should the Client submit documents contrary to clauses 6.2 and 6.3. Any loss of profit, benefit, revenue, business, reputation, use, or data corruption, whether under statute, contract, equity, tort, indemnity, or otherwise caused by the Client to Educational Providers, shall be the Client’s responsibility to compensate.

6.5 Where applicable, the Client acknowledges that the Agent shall charge for migration services conducted by agents holding registered MARA numbers.

6.6 The Agent bears no responsibility and cannot be held liable for visa refusals or decisions by Australian Border Force or Immigration offices. This indemnity applies during this Agreement and continues after service cessation pending decision outcomes.

6.7 The Client shall be responsible for fees payable due to Client-caused delays contributing to late Application submission.

6.8 The Agent is responsible solely for its own actions in performing duties outlined in clause 4.

7.1 The Agent offers migration services whereby registered migration agents may submit or lodge documents for Client visa applications.

7.2 The Client acknowledges that the Agent shall charge migration fees for services provided by registered Migration Agents.

7.3 The Client agrees and acknowledges that neither the Agent nor registered migration agents shall be responsible or accountable for visa refusals or decisions by the Department of Home Affairs.

7.4 The Client understands that migration services require upfront payment, which is fully non-refundable notwithstanding visa decisions or outcomes by the Department of Home Affairs.

8.1 The Client acknowledges that the Agent shall collect information relating to Educational Provider Applications and collate materials for submission.

8.2 The Client understands that admission fees required by Educational Providers are payable directly to Educational Providers by the Client, though the Agent may collect and remit such fees on the Client’s behalf.

8.3 The Client agrees and acknowledges that the Agent shall not be responsible or accountable for decisions or outcomes by Educational Providers.

8.4 The Client acknowledges binding by Educational Provider refund policies, which the Agent must also follow.

8.5 The Client accepts that some RTOs charge non-refundable assessment fees of approximately $250.00 to $500.00. The Agent must inform the Client whether RTO fees are non-refundable prior to payment via email or tax invoice.

9.1 The Client acknowledges that clause 8 applies specifically to RPL applications.

9.2 In the event a deposit is paid by the Client to the Agent, the deposit will only be refunded to the Client as per the following:

• (a) The Client notifies the Agent in writing that they no longer wish to proceed with the RPL service and submit a completed Refund Request Form to accounts@studyin.com.au. The Refund Request Form must be received by the Agent within four (4) weeks of the Client’s application date or before submission of the application for Assessment to an RTO, whichever is sooner; or
• (b) an assessor from an RTO reviews the Client information and documentation provided within the Application Period, and determines that:

1. The RTO is unable to issue the Client with a qualification; or
2. The Client is found to not be eligible to be issued with a qualification; and
3. The Client is entitled to a refund under Australian Consumer Law (ACL) according to the Competition and Consumer Act 2010 (Cth).

9.3 Subject to the Client’s rights under Australian Consumer Law, service fees may be non-refundable where third-party costs have been incurred by the Agent on the Client’s behalf, including but not limited to RTO assessment fees, application processing fees, or other Educational Provider charges.

9.4 The Client agrees and acknowledges responsibility for non-refundable assessment fees payable to RTOs. Upon Application submission to RTOs, the Agent shall inform the Client via invoice or email correspondence which fees are non-refundable.

9.5 The Agent agrees not to charge the Client for admission services, with all funds remaining payable to Educational Providers for Offer Letters or Confirmations of Enrolment (COE) initiated directly by the Client. The Client acknowledges that the Agent may collect and remit funds to RPL and Educational Providers while strictly adhering to refund policies established by such institutions.

9.6 Refund requests may be declined where regulatory actions, including but not limited to RTO registration cancellations, qualification suspensions, or changes in Australian Skills Quality Authority requirements, materially affect the Agent’s ability to provide refunds while maintaining regulatory compliance.

9.7 The Application Cancellation Form must be completed in full and submitted to accounts@studyin.com.au within the Refund Period for the Agent to review.

9.8 All refunds shall be processed within 14 business days of the Agent receiving completed Refund Request Forms from the Client.

9.9 Should the Client wish to appeal Refund Request outcomes, the Client must email the Refund Request number and relevant appeal information to: (a) complaints@studyin.com.au; and (b) accounts@studyin.com.au; and (c) ceo@studyin.com.au.

9.10 The Agent shall respond to Client appeals within 14 business days of receipt.

9.11 Documentation received from RTOs on the Client’s behalf shall be stored by the Agent for 8 weeks. Should the Agent be unable to contact the Client for document delivery within this timeframe, documents shall be returned to RTOs. Client recovery of documents shall incur additional service fees up to $250 for Agent reprocessing with RTOs.

10.1 Upon Client breach of clauses 4 or 6, the Agent may terminate this Agreement by providing notice of termination intention to the Client. The Agent may terminate this Agreement by providing written notice to the Client upon occurrence of any of the following:

• a. Material breach by the Client of their obligations under clause 6 (Indemnity).
  b. Client provision of false, fraudulent, or misleading information or documentation.
  c. Client failure to provide requested information or documentation within reasonable timeframes after written notice.
  d. Client conduct that materially prejudices the Agent’s ability to perform services; or
  e. Client breach of any payment obligations under this Agreement.

10.2 Where Applications are submitted prior to Agreement termination, Agent responsibilities cease and Agent duties under clause 4 shall discontinue. However, Assessors shall fulfill evaluation duties, and the Client becomes responsible for updating contact details for all communications.

10.3 Where Applications remain unsubmitted and Parties fail to reach mutual agreement under clause 11, the Agent may: 10.3.1 Charge the Client for services performed; 10.3.2 Cease Client work without financial liability; or 10.3.3 Perform other work as mutually agreed.

10.4 Upon Agreement termination or Application submission and Assessor finalization, the Agent shall return all hard copies of Client confidential information and delete electronic confidential information provided during the transaction.

11.1 For disputes arising from or in connection with this Agreement: 11.1.1 The disputing party must provide written notice to the other party with sufficient detail for dispute consideration; 11.1.2 Parties must meet to discuss and attempt good faith resolution on commercially realistic bases; and 11.1.3 If disputes remain unresolved after seven days from Dispute Notice, disputes shall be submitted to mediation pursuant to Resolution Institute Mediation Rules.

11.2 Parties agree that all reasonable efforts should be made to resolve disputes professionally, efficiently, in good faith, and effectively.

11.3 Parties agree that both should have sufficient opportunity to present supporting evidence for their respective cases or positions.

11.4 Where Parties fail to reach mutually satisfactory decisions, either Party may terminate this Agreement pursuant to clauses 10 and 11.

11.5 Clause 11 prevents either Party from commencing proceedings except for urgent interim relief in courts or tribunals having jurisdiction.

12.1 The Parties agree to maintain confidentiality regarding the terms of this Agreement.

13.1 Should any provision of this Agreement be held invalid, unenforceable, or illegal, the remainder shall retain full force with such provision deemed deleted.

14.1 This Agreement is governed by and shall be construed according to the laws of Victoria and the Commonwealth of Australia. The Parties submit to the non-exclusive jurisdiction of Victorian courts and all courts having appellate jurisdiction. The Parties irrevocably and unconditionally submit to the exclusive jurisdiction of Victorian and Commonwealth courts.

15.1 This Agreement may be executed in counterparts, all of which together shall constitute one instrument. The agreement date shall be the date of execution by the last Party.

16.1 Limitation of Liability: The Client acknowledges and agrees that the Agent acts solely as an education agent and is not an RTO. Accordingly, the Agent shall not be held liable for RTO actions, decisions, or operations, nor for regulatory actions or penalties imposed by regulatory bodies concerning RTOs.

16.2 Cancellation of Qualifications: Should regulatory bodies take action resulting in cancellation of Client qualifications obtained from RTOs through the Agent, the Client acknowledges such cancellation as solely a regulatory body decision, with the Agent having no direct involvement or responsibility.

16.3 No Refund Obligation: Accordingly, the Agent shall have no obligation to provide refunds to the Client for qualification cancellations, as such decisions rest solely with regulatory bodies and are beyond Agent control.

16.4 Client’s Recourse: The Client understands that for qualification cancellations by regulatory bodies, recourse for potential refunds, reassessments, or resolutions lies directly with RTOs that issued qualifications. The Agent recommends direct Client approach to relevant RTOs for potential refunds or resolutions.

16.5 Agent’s Reassessment Assistance: While not liable for qualification cancellations, the Agent remains committed to reasonably assisting Clients in facilitating application resubmission to other RTOs should Clients wish to proceed with reassessment. In such instances, the Agent shall provide reasonable pricing options from affiliated RTOs to ensure qualification process continuity.

This clause protects the Agent from liability for regulatory decisions while reaffirming commitment to assisting Clients in resolving reassessment issues.

By proceeding with payment for services offered by the Agent, the Client acknowledges and agrees to the terms and conditions set forth herein.

17.1 Agreement Acceptance: The Client affirms that by initiating or making payment to the Agent, they accept and agree to be bound by this Service Agreement. Acceptance occurs upon the Agent’s receipt of payment notification or when the Client makes payment for Agent services.

17.2 Confirmation of Terms: The Client confirms having read, understood, and accepted terms outlined in this Service Agreement, which is accessible on the Agent’s website. Service Agreement links are included with all Agent invoices and available for Client reference prior to payment.

17.3 Presumption of Agreement: Upon payment receipt or initiation by the Client, it shall be presumed that the Client has agreed to all terms and conditions specified herein, with no further obligation required of the Agent to ensure Agreement acceptance.

This clause serves as legally binding confirmation of Client agreement to Service Agreement terms upon payment for Agent services.