RETAINER AGREEMENT
This contact of engagement is being entered into by and between:
CLIENT:
NAME: PUSHPINDER KUMAR___ ___ _____________________________
APPLICANT SPONSOR/LOCAL CONTACT
ADDRESS:
VPO- SIALBA MAJRI, DISTRICT SAS NAGAR, MOHALI PUNJAB INDIA
PHONE: _+91-905-646-1886__________________________________________
EMAIL: _pushpinder955@gmail.com___________________________________
AND
Regulated Canadian Immigration Consultants (RCIC)- Mr. Ripudaman Dhillon and Mr. Manu Datta- directors/owners of the immigration firm:
ICC Canada Immigration Solutions Inc, located at 1137 Derry Road East, Mississauga, ON L5T 1P3
hereinafter referred to as the ¨Company¨. The Company's principal consultants are members of immigration Consultants of Canada Regulatory Council. (ICCRC-1100 Burloak Drive, Suite 300, Burlington, Ontario L7L 6B2 Canada Tel: 1-877-836-7543) and is thereby authorized to represent, advice or consult with the client in respect of a proceeding or application before the Minister, an Officer, or IRB.
Processing on behalf of the client and COMPANY hereby accepts such mandate, the whole subject to the following terms and conditions: –
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. Company/RCIC Responsibilities and Commitment:
The client hereby authorizes members of the company, staff, agents and others who may directly or indirectly receive pecuniary benefits. The Client hereby retains the services of COMPANY for the purpose of receiving professional services with respect to preparation and submission of application for the below mentioned category:
Client's Initials:____
FSTC-Express Entry Process
______________________________________________________________________________
In consideration of the fees paid and the matter stated above, the Company/RCIC agrees to do the following:
Review, compile, and prepare case submissions and file with the relevant visa office or IRB,
To answer all reasonable requests from the Client for information,
To hold in strict confidence all information concerning the personal and business affairs of the Client acquired during the course of the professional relationship, and shall not disclose information unless disclosure is expressly or impliedly authorized by the Client, is required by law, or is otherwise permitted by Rules,
To take all reasonable steps to ensure the privacy and safekeeping of a Client's confidential information,
Not to disclose the fact of having been consulted or retained by the client unless the nature of the matter requires such disclosure,
Subject to being compelled by law or legal process, the Company shall preserve the Clientś confidential information even after the termination of the retainer, whether or not differences have arisen between the Company and the Client,
To ensure the safekeeping of the Client's property in accordance with the law and with reasonable care.
2. Client(s) responsibilities and Commitment:
The Client shall:
Faithfully provide all information documents within a stipulated time period as requested by the Company and the processing visa office or IRB as per Company's instructions; the client shall be solely responsible for all the consequences for submission of false or incorrect information and any consequences arising out of any delays on the part of the CLient in submitting such documents;
In the event the client does not provide all the necessary documents within the stipulated time period as informed by the company. The client shall bear all such additional and incidental costs of postage/courier charges that may be incurred by the company to send the documents to the concerned Visa Processing centre;
Execute forms as required and obtain all documents and information that may be necessary for the processing of the case as per Company's instructions;
Forthwith provide all supporting documentation and other evidence as requested by the Company and shall only provide such documents which are legal, valid and genuine especially in respect of Educational Qualifications and Experience. Any inaccuracy with respect to the same may seriously affect the Visa Application. The client would be responsible for the adverse effects on case because of non submission/delayed submission of required documents and other evidence;
Faithfully disclose to the Company all information related to any and all of the client´s and dependents, current or prior criminal charges and/or convictions;
Client's initials:______
Forthwith advise the Company of any and all communications received by the client from the processing Visa Office or IRB;
Provide the COmpany adequate instructions at all times and more specifically of any change in information relating to address, education, training, employment, job responsibilities, marital status, criminal charges or any other information or
Circumstances that may render him/her inadmissible and or have a direct impact on his/her case;
Attend all interviews as and when required by the processing Visa office or IRB and promptly follow all instruction as communicated by the processing Visa office or IRB, but only consent and approval of the Company;
Client has to provide the proof of English or French proficiency whenever it is demanded by the CIC or by company employee who will be working on the client's case file;
Forthwith pay the processing fees levied by the processing Visa Office. The client would be responsible for any adverse effect on the case due to delay/non- payment of processing fee by Immigration Authorities. If there are any changes in the Visa Processing Fee, RPRF, fees or any other fees levied by the Authorities they would be borne by the client;
Client has a duty to accept and act upon the Company's advice on all matters relating to his/her case.
The member's obligations under the Retainer Agreement are null and void if the Client(s) knowingly provide(s) any inaccurate, misleading or false information. The client´s financial obligations remain.
3. Billing method
The Client(s) will be billed a flat fee. However, if client withdraws before completion of application, the client will be billed for all work done from 1st consultation(inclusive) till date. The hourly consultation will be Cad $350.00.
There will be an initial deposit to start the process. There will be payments due on each milestone thereon. The client will be requested to pay the due amount on the pertinent milestones.
4. Payment Terms and Conditions
Professional Fees: $ 7500.00____________________________
Other[e.g. Disbursements, courier fees,
Etc.] $___________________________________
Consistent repetitive calls will be charged additional. After hours emails/calls will be answered the following day. This amount will be calculated at the completion of processing/closure of processing.
Applicable Taxes [HST #836669416] $___________________________________
Client's Initials:______
Total Cost: $ 7500.00____________________________
Government Fees: $ Not available in the cost. All applicable fees to be pay by client
5. Payment Schedule: As agreed
Deposit/Initial Upfront $ 2500.00- Non- refundable______________
Balance amount payable: $ 2500.00- On receipt of ITA_____________
$___________________________________
$___________________________________
The above amount is to be paid by the Client(s) and is subject to change.
Note: For All NSF Cheque, a fee of CAD $250.00 will apply.
In case the client withdraws on its own, ICC is liable to invoice the client for its professional consultation fee on an hourly rate of CAD $350.00/hr. Along with other disbursement charges.
6. Payment through Demand Drafts, and Wire Transfer.
All payments made through demand draft should be payable to “ICC CANADA IMMIGRATIONS INC” payable in Canada.
Wire transfer can be made into following account:
Company Name: ICC Canada Immigration Solutions Inc.
Our Account Number: 3858- 1045- 429
Our Swift Code (ig required): BOFMCAM2
Our Bank Name: Bank of Montreal
Bank Address: 6605 HURONTARIO ST
MISSISSAUGA, ON
L5T 0A4
ICC will not be responsible for any money paid but not received by ICC Canada into its account.
7. Refund Policy
The Client(s) acknowledge that the granting of a visa or status and the time required for processing this application is at the sole discretion of the government and not RCIC. The Client(s) agree that the fees paid are for services indicated above, and any refund is strictly limited to the amount of fees paid.
Client’s Initials______
a.) If the company withdraws its services for any reason within the terms of this agreement, the company shall not refund any amount of professional fee charged from the client. The Company will also not refund any of the total fees charged and shall be entitled to full payment of professional fee as per this agreement if:
i. After signing the Free Agreement client does not wish to proceed further for any
reason whatsoever;
ii. The client does not cooperate in filing the application for permanent
Immigration with the immigration authorities within 60 days of signing the Fee
Agreement;
iii. The application is withdrawn by the client at any stage on his/her accord without
the written consent of the company. In such an event the company is entitled to
retain 100% of Professional Fees;
iv. The application gets rejected due to to furnishing of false information,
misinterpretation, fraud, medical or security inadmissibility or failure by the
client to adhere to the terms and conditions of this Agreement;
v. The application gets rejected because of the client’s withholding relevant
information at any time during the processing of the immigration application or
at the time of the interview with the Visa Officer;
vi. The client does not co-operate in the finalization of Immigration case.
vii. The application gets rejected due to ineligibility criteria of the end employer at
the sole discretion of the Visa officer in cases like LMI, WP and PNP
applications.
viii. The application is returned by the visa office due to completion of cap on the
applied category.
b.) There will be no refund of the initial deposit, if the client decides not to proceed further after
retaining the services of the company and voluntarily withdraws his/her application.
c.) There will be no refund if the immigration rules changes after retaining the company’s services
on or before submission of client’s file to concerned CIC office. This includes CIC selection
system, Provincial Nominee Program selection criteria, and Canadian Federal and Provincial
immigration laws.
8. Pre-Authorized Payment and Security
a. For ease in handling the payment of all legal costs and to ensure that time is not spent
unnecessarily on administrative matters, such as account collection efforts, which take away
from our primary job of providing effective Immigration Consulting services to the Client, our
company offers to the Client and any guarantors signing this agreement two methods of
account payment. First, a credit card pre-authorized payment plan is offered. Alternatively, a
retainer plan is offered.
Client’s initials______
b. You, or the person or persons providing the credit card authorization below, authorize and
direct our company to pay the total invoice amount contained in each account that is rendered
immediately upon the account being rendered or at any time after. This procedure will
continue until the file is completed, or until you have notified us in writing to discontinue the
same. At that point, you may decide to change over to the retainer plan or to discontinue all
requirements for legal services. In the event that you notify us to discontinue the use of the
pre-authorized credit card payment plan, you authorize and direct us to render a final account
utilizing that plan and to pay the same forthwith, and then we will discuss alternative
arrangements for the payment of future billings, if any.
c. It is anticipated that either the retainer plan or the pre-authorized credit card payment plan
will enable all legal costs to be paid immediately. But in the event that sums remain owing to
our company for whatever reason, company obtains security from our clients (and other
persons(s) as a Guarantor) for amounts which are due and owing. By signing this agreement,
you, the Client (and any Guarantor(s) or company also signing this agreement in the place(s)
provided below) grant our company a security interest over all of you (and the Guarantor’s,
Guarantors’, other company’s or companies’, or other person’s, as the case may be, who sign
below) present and after acquired personal property as security for any and all amounts due
and owing to our company from time to time. All enforcement costs incurred by our company
are also secured. By signing this agreement, you hereby waive notice of the filing of any
financing statement or receipt of any verification statement relating to this security interest.
d. If the free is lump sum, it is so because the client has a standard problem, and and volume
allows for a relatively standard solution. If any service is required in addition to those
included in the standard solution, such as, for example client circumstances that are material
to the case and were undisclosed to ICC, requests for extra services of any nature, new
retainer would be signed for required or requested service and fee would be set at the time of
signing new retainer.
e. All late payments may result in a suspension of representation, with information of same to
court, decider, or concerned immigration office. Each will result in an additional fee of
$50.00 in perception, interest and reimbursement plus $50.00 for each follow-up made
necessary by further failure to make a payment.
9. Termination
9.1 This Agreement is considered terminated upon completion of tasks identified under section
of this agreement.
9.2 This Agreement is considered terminated if material changes occur to the Client(s)
application or eligibility, which make it possible to proceed with services detailed in section 1
of this Agreement.
9.3 Pursuant to Article 14 of the Code of Professional Ethics, this Agreement may be terminated,
upon writing, by the RCIC, provided withdrawal does not cause prejudice to the Client(s).
9.4 This Agreement is subject to the laws in effect in the Province/Territory of Ontario Canada.
Client’s Initials______
The Company may issue a written notice to terminate her services in accordance with Clause 7(c) of this contract. The Company will email the client about its intention to withdraw its services due to non-compliance of Clause 7(c) by giving a 5 business days notice. In circumstances where the client does not respond within 5 business days, the Company has the right to withdraw its representation and to terminate the Company-client relationship and termination of all obligations under this contract. Failure on the part of the client to respond to such notice shall amount to acceptance on the part of the client to terminate all obligations under this contract and other such obligations under this contract and other such obligations arising out of Company client relationship. Pursuant to Article 14 of the Code of Professional Ethics, this Agreement may be terminated, upon writing, by the RCIC, provided withdrawal does not cause prejudice to the Client(s).
10. Dispute Resolution
Please be advised that the Principal Consultants, Mr. Ripudaman Dhillon and Mr. Manu Datta are members in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC), and as such, bound by its By-laws, Code of Professional Ethics, and associated Regulations.
In the event of a dispute the Client(s) and RCIC are to make every effort to resolve the matter between the two parties. In the event a resolution can not be reached, the Client(s) are to present the complaint in writing to the RCIC and allow the RCIC 30 days [insert number of days] to respond to the Client(s). In the event the dispute is still unresolved, the Client(s) ay follow the complaint and discipline procedure outlined by ICCRC on their website: http://www.iccrc-crcic.ca/public/complaintsDiscipline.cfm
ICCRC Contact Information:
Immigration Consultants of Canada Regulatory Council (ICCRC)
5500 North Service Rd., Suite 1002
Burlington, ON, L7L 6W6
Toll free: 1-877-836-7543
11. Confidentiality
All information and documentation reviewed by the RCIC, required by CIC and all other governing bodies, and used for the preparation of the application will not be divulged to any third party, other than agents and employees, without prior consent, except as demanded by law.
12. Change Policy
The Client(s) acknowledge that if the RCIC is asked to act on the Client(s) behalf on matters other than those outlined above in this Agreement, or because of a material change in the Client(s) circumstances, or because of material facts not disclosed at the outset of the application, or because of a change in government legislation regarding the processing of immigration-related applications, the Agreement can be modified accordingly upon mutual agreement.
Client’s Initials______
13. Communication Policy
1. Please do not make phone calls during the application processing period to check the status of
application.
2. Please communicate indispensable information and questions by email to
info@iccimmigration.ca or directly to concerned person handling your case file. Please number
your information and questions, and write a telephone number where we can reach you.
3. Returning emails, and more so, phone calls, can take some time.
4. When you call, you absolutely have to tell the receptionist
i. your file number and/or type of case file you have with us
ii. a detailed message
Iii. a telephone number and time where we can call you back.
5. It is most likely that the person who knows your case file will call you back. Please be polite.
We all work together; share responsibilities. Assistants and the processing staff often know
better about the administrative follow up of files than the Consultants.
14. Force Majeure
The RCIC’s failure to perform any term of this Retainer Agreement, as a result of conditions beyond his/her control such as, but not limited to, governmental restrictions or subsequent legislation, war, strikes, or acts of God, shall not be deemed a breach of this Agreement.
15. Validation
The Client(s) acknowledge that they have read this Agreement, understand it, have obtained such independent legal advice as they deem appropriate, have sought translation and agree to be bound by its terms.
That in all matters legal jurisdiction shall be only Mississauga, Ontario, Canada
This Contract shall consist of two duly executed copies of which shall be equally valid, one of which shall be kept by each of the parties hereto.
The forging has been read, understood, and agreed to by client and Company and the client hereby acknowledges and agrees that he/she has completely read each and every word of this agreement and understand all the clauses, sub-clauses and terms of this agreement and further that he/she shall not attempt to abrogate or limit the applicability of this agreement or any terms by claiming that he/she did not understand it.
Client’s Initials_____
______________________________) _____________________________________
Signature of Client OR ) For ICC Canada Immigration Solutions Inc.
Local Contact Signing on behalf of ) RCIC-
Client ) [Regulated Member of Immigration Consultants
) of Canada Regulatory Council]
)
PUSHPINDER KUMAR )
______________________________) _____________________________________
Name of Client OR ) Date
Local Contact Signing on behalf of )
Client )
)
)
______________________________)
Date )
Declaration by Client or by Local Contact of CLient
I,____PUSPINDER KUMAR_____ (Client) or____________________(Local Contact of Client), on behalf of the client Certify/declare that:
All documents provided to ICC Canada Immigration Solutions Inc. are either original or true copies of genuine documents,
ICC’s Consultants, Agents, or anyone working for ICC, did not advise me for providing false claim or false information,
I was advised of my Legal options with no suggestions of false pretences of providing forged or faked documents,
I did not Advice ICC of any false information, neither provided faked identity or documents,
Any statement is written and signed by me; I received no help from ICC except from typing,
All transcripts, educational Certificates, or letters of school attendance are true,
I or any included in my application have not provided or will not provide false or misleading information in regards to the application,
I did not disclose all applicable facts related to my case to ICC and I did not conceal any relevant information,
My marriage is genuine and not faked, as well my previous marriage (if applicable)
I was not advised by ICC/Agents of any steps to be taken regarding my case, neither verbally nor by written. Agents’ role was only to collect the information and required documents and pass it to a licensed Consultant.
Client’s Initials_____
__________________________________) ___________________________________
Signature of Client OR ) Signature of Witness
Local Contact Signing on behalf of client )
)
_PUSHPINDER KUMAR____________ ) ___________________________________
Name of Client OR ) Name of Witness
Local Contact Signing on behalf of client )
)
__________________________________) ____________________________________
Date ) Date
Client’s Initials_______