Terms and Conditions

1. Definitions

• ScriptorCo, Scriptor Co, we, us and our mean the business trading as ScriptorCo and its personnel.
• You and your mean the MARA-registered migration agent or Australian legal practitioner who engages us, and the firm they work in.
• Your client means any visa applicant, sponsor, nominator or other person whose matter a document relates to.
• Services means the clerical and administrative support we provide, and Materials means any document, draft or other material we prepare.

2. Acceptance and understanding

Using our services, or working with us in any way, means that you have read, understood and accepted these terms thoroughly, including the limits on the scope of our services and our liability. You confirm that you have had the opportunity to obtain independent advice about these terms before accepting them. These terms apply to every engagement, whether or not they are referred to in a quote, email or invoice.

3. Scope of services: no immigration assistance

Scriptor Co does not provide immigration assistance as defined under Section 276 of the Migration Act 1958. In accordance with Section 276(3)(a), our services are limited to clerical work to prepare (or help prepare) applications or other documents, strictly under the instruction and supervision of MARA-registered migration agents or Australian legal practitioners. All documents and materials prepared by Scriptor Co must be independently reviewed, verified, and formally approved by the supervising MARA-registered migration agent or legal practitioner prior to submission. Scriptor Co assumes no responsibility or liability for the accuracy, completeness, or outcome of any application or decision arising from the use of these documents.

• We do not give migration advice, legal advice or any opinion on a person's eligibility, prospects or options, and nothing in any Material is advice.
• We do not represent anyone, communicate with the Department of Home Affairs, the Administrative Review Tribunal or any other authority, or lodge any application, submission or appeal.
• We do not take instructions from, or correspond about a matter with, your clients.
• We may decline, pause or stop any work that we reasonably believe would go beyond clerical work or breach any law.

4. Who may engage us, and your warranties

Our services are available only to MARA-registered migration agents, Australian legal practitioners and the firms they work in. Each time you engage us you warrant that:

• you are, and will remain for the engagement, a registered migration agent or an Australian legal practitioner entitled to practise, and you will tell us immediately if your registration or practising certificate is suspended, cancelled or subject to conditions;
• you have your client's informed consent to give us their personal information and documents for the purpose of the engagement;
• the information and instructions you give us are accurate, complete, not misleading and lawfully obtained, and do not infringe anyone's rights; and
• you will not use any Material for an unlawful purpose or in a way that is false or misleading.

5. Your responsibilities: supervision, review and approval

• You direct and supervise the work. We prepare Materials solely from the information and instructions you provide and we do not verify facts, evidence or documents supplied to us.
• You must independently review, verify, amend where needed and formally approve every Material before it is used or submitted. By using a Material you confirm that you have done so and that you adopt it as your own work.
• You remain solely responsible for all professional judgement and advice given to your client, for what is submitted and when, and for complying with the Code of Conduct for registered migration agents or the professional conduct rules that apply to you.
• You must tell us promptly of any error you find in a Material so that we can correct it within the agreed scope.

6. Quotes, fees and payment

• Work is quoted per engagement. A quote sets out the scope, the fee, the expected timeframe and how long the quote remains open. Work starts once you accept the quote in writing, including by email.
• Fees are payable as stated in the quote or invoice. Prices include GST where GST applies.
• Work outside the quoted scope, or substantial changes to instructions after work has started, may be quoted and charged separately.
• We may withhold delivery of final Materials, or pause further work, while any invoice is overdue.

7. Timeframes

Timeframes are estimates only and depend on receiving complete information on time. Same-day and weekend delivery is available only for certain urgent cases and only when we confirm it in writing. You are responsible for managing your client's deadlines, including any statutory or tribunal deadline, and you must not rely on our delivery as the last step before a deadline.

8. Revisions

Each quote includes reasonable revisions within the agreed scope. We will tell you before starting any revision that falls outside that scope.

9. Confidentiality and privacy

We keep your information and your clients' information confidential and handle personal information in line with our Privacy Policy. We may disclose information where the law requires or authorises it. You must keep our quotes, pricing and working methods confidential.

10. Intellectual property

Once our fees for an engagement are paid in full, you may use the final Materials for the client matter they were prepared for. We keep ownership of our own templates, methods, know-how and materials that existed before, or were developed independently of, the engagement.

11. No guarantee of outcome and no reliance

Decisions on applications, nominations and appeals are made by the relevant authority or tribunal, which we do not control. We do not guarantee, and you must not tell anyone that we guarantee, any outcome, timeframe for a decision or result. Neither you nor your client may rely on any Material as advice. Your client is not a party to these terms and has no rights under them.

12. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for failing to meet such a guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

13. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for any loss arising from information or instructions you provide, from your review, approval or use of any Material, from any decision of an authority or tribunal, or from any refusal, cancellation, delay or other outcome;
• we are not liable for any indirect, consequential or special loss, or for loss of profit, revenue, opportunity, reputation or data; and
• our total liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the fees you paid us for that engagement.

14. Indemnity

To the extent permitted by law, you indemnify ScriptorCo against any claim, loss, liability, cost or expense (including reasonable legal costs) brought or incurred by any person, including your client, arising from your breach of these terms, the information or instructions you provided, your professional advice or conduct, or the use or submission of any Material, except to the extent the loss was caused by our fraud or wilful misconduct.

15. Cancellation and termination

• You may cancel an engagement by email at any time. Fees for work completed up to cancellation remain payable.
• We may end an engagement by email if you breach these terms, if your registration or practising status changes, or if we reasonably believe continuing would breach any law or go beyond clerical work. We will charge only for work completed.

16. Events outside our control

We are not liable for delay or failure caused by events reasonably outside our control, including outages of systems or service providers, illness, natural disasters or government action. We will tell you as soon as practicable and resume the work when we can.

17. Disputes

If a dispute arises, the party raising it must give written notice with details, and both parties must try in good faith to resolve it within 20 business days before starting proceedings, except where urgent relief is needed.

18. General

• Entire agreement: these terms, together with any accepted quote, are the entire agreement for an engagement and replace any earlier discussion.
• Precedence: if an accepted quote conflicts with these terms, these terms apply unless the quote expressly says it overrides a specific clause.
• Severability: if any part of these terms is unenforceable, it is read down or severed and the rest continues to apply.
• Waiver: not exercising a right is not a waiver of it.
• Electronic communication: notices, quotes and acceptances may be given by email.
• Assignment: you may not transfer your rights under these terms without our written consent.
• Survival: clauses 3, 5 and 9 to 14 continue to apply after an engagement ends.

19. Changes to these terms

We may update these terms from time to time by publishing a new version on this page. The version published when you accept a quote applies to that engagement.

20. Governing law

These terms are governed by the laws in force in Australia, including the laws of the state or territory in which ScriptorCo is registered, and each party submits to the non-exclusive jurisdiction of the courts of that state or territory.

21. Contact

Questions about these terms can be sent to Info@scriptorco.com or +61 420411869.