MARA Assessment Tool + Engagement Agreement

This Agreement is made on — at —, between Blue Horse Education Pvt. Ltd., having its registered office at SCO 37, First Floor, Ranjit Avenue, B Block, Amritsar 143001, Punjab, India (hereinafter referred to as the “Principal Consultant” or “BHE”), and the Client whose particulars are set out below. By signing this Agreement, BHE and the Client accept and agree to be bound by the terms of this Agreement and its Annexure.

1. Purpose

BHE provides facilitation, coordination and representation services for Australian permanent residence through the skilled-migration pathway. The Client wishes to engage BHE for that purpose. This Agreement records the terms of engagement and the Client's informed and voluntary consent to proceed.

2. BHE Responsibilities and Commitment

In carrying out this engagement, BHE commits to:

• Advise the Client with respect to the Australian skilled-migration process and instruct the Client on the steps to be taken;
• Provide the Client with a checklist of the information and documents required in support of the application;
• Liaise with the relevant assessing authorities, test providers and government departments, and handle the correspondence pertaining to the Client's case, to the extent permitted by law;
• Faithfully assist the Client with the ongoing requirements raised by the assessing authority or the Australian Department of Home Affairs;
• Keep the Client reasonably informed of the progress of the case and answer all reasonable requests from the Client for information;
• Hold in strict confidence all information concerning the personal and business affairs of the Client acquired during the professional relationship, and not disclose such information unless authorised by the Client or required by law;
• Perform all duties on behalf of the Client competently and in a professional, timely and lawful manner.

3. Consent and Authorisation to Proceed

The Client confirms and agrees that:

• the Client has read and understood this Agreement, has had the opportunity to seek independent advice, and signs this Agreement freely and voluntarily;
• the Client authorises BHE to proceed with the preparation, coordination and lodgement support of the Client's Australian permanent-residence (skilled-migration) application, and to act on the Client's behalf with assessing authorities, test providers, panel physicians and government departments to the extent permitted by law;
• the Client authorises BHE to review the official Australian Government and Australian High Commission sources from time to time, and where a more favourable occupation is identified that improves the Client's prospects of a permanent-residence grant, the Client authorises BHE to lodge or update the Expression of Interest (EOI) under that occupation on the Client's behalf;
• the Client understands that an assessment, an Expression of Interest, or an invitation is not a guarantee of a skills-assessment result, an invitation, a nomination, a visa grant or permanent residence, and that every final decision rests solely with the relevant assessing authority, the State or Territory Government and the Australian Department of Home Affairs;
• the Client understands that Australian migration law, occupation lists, points rules, invitation cut-offs and fees change frequently, and that all figures and lists are indicative and are confirmed against official sources before each stage.

4. Scope of Services

Subject to the Client providing the required documents and fees, BHE will provide reasonable professional facilitation and representation services, which may include: profile and occupation assessment; guidance on and coordination of the skills assessment with the relevant assessing authority; guidance on English-language testing; preparation and lodgement support for the Expression of Interest (SkillSelect); State, Territory or family nomination support; document preparation and review; and coordination of visa lodgement and post-lodgement requirements such as health and police checks.

5. Regulatory Status and Conduct

The role of BHE under this Agreement is facilitation, document preparation, coordination and representation as engaged. BHE will carry out each and every part of the process in a legal and lawful manner and in full compliance with all applicable laws and regulations. Where any part of the process requires advice or assistance that the law reserves to an appropriately authorised or licensed professional, that advice or assistance will be obtained from, or referred to, such a professional engaged for that purpose.

6. Client Obligations and Accuracy of Information

• The Client will provide true, accurate, complete and genuine information and documents, and will promptly notify BHE of any change;
• The Client will not provide, and will not ask BHE to provide, any false, misleading or fraudulent information or document to any authority;
• The Client is solely responsible for the truth and accuracy of all information and documents the Client supplies. BHE is not liable for any refusal, delay, cancellation, penalty or loss arising from incorrect, incomplete, misleading or fraudulent information supplied by the Client, or from the Client's failure to meet a deadline, requirement or eligibility criterion.

7. Fees and Payment

The Client agrees to pay the professional fees of BHE and, separately, the government and third-party charges, in the staged manner set out in the Annexure — Payment Breakdown to this Agreement. Government and third-party charges are paid by the Client to the relevant body and are outside the control of BHE. The professional fees of BHE are payable at each milestone listed and are earned when the corresponding stage is undertaken.

8. Non-Refundable Fees

All fees and charges are strictly non-refundable. No professional fee paid to BHE, and no government or third-party charge, is refundable in whole or in part under any circumstances — including where an application, assessment, nomination or visa is delayed, refused, withdrawn, cancelled or unsuccessful, or where the Client discontinues the process — once the corresponding stage or service has commenced. The Client acknowledges and accepts this before making any payment.

9. Third-Party Services

Assessing authorities, English-language test providers, panel physicians, police-clearance bodies and government departments are independent third parties. Their fees, timeframes, requirements and decisions are set and controlled by them, not by BHE, and BHE is not responsible for their acts, omissions, processing times or outcomes.

10. Limitation of Liability

To the maximum extent permitted by law, the total liability of BHE arising out of or in connection with this Agreement is limited to the amount of professional fees actually paid by the Client to BHE for the stage to which the claim relates. BHE is not liable for any indirect, incidental or consequential loss, or for any outcome that depends on the discretion or decision of an assessing authority, government or third party. Nothing in this Agreement excludes any right or guarantee that cannot lawfully be excluded.

11. Confidentiality, Privacy and Data Consent

BHE will keep the Client's personal information confidential and use it only to provide the services. The Client consents to BHE collecting, storing, processing and disclosing the Client's personal information to assessing authorities, test providers, panel physicians and government departments as reasonably necessary to carry out the services.

12. Termination

Either party may end this Agreement by written notice. Termination does not affect fees already due or paid (which remain non-refundable as set out in Clause 8) or any accrued rights or obligations.

13. General; Governing Law and Jurisdiction

This Agreement, together with its Annexure, is the entire agreement between the parties and replaces any prior discussion or representation. Any variation must be in writing and signed by both parties. If any provision is found unenforceable, the remaining provisions continue in force. This Agreement is governed by the laws applicable in Amritsar, Punjab, India, and the parties submit to the jurisdiction of the competent courts there, without limiting any mandatory right available to the Client under applicable law.

14. Client Declaration

The Client declares that the Client has read, understood and agrees to every clause of this Agreement and its Annexure, that the information provided by the Client is true and complete, and that the Client gives informed consent for BHE to proceed on the terms above.

These are charges of the Department of Home Affairs, the assessing authority and other independent providers. Amounts are indicative and confirmed live before each stage; they vary with the visa subclass, the assessing authority and the number of applicants.

These charges are indicative only and may change from time to time as set by the Australian High Commission and the Department of Home Affairs — subject to change. The exact, current figures are confirmed against the official Australian Government and High Commission sources and the assessing authority before payment at each stage.

The professional fees of BHE are fixed at AUD 5,000 plus 18% GST (AUD 5,900 in total), payable in the staged milestones below. Each amount is earned and payable when the corresponding stage is undertaken.

This Annexure forms part of, and is to be read with, the Client Engagement & Service Agreement. Indicative figures are for guidance only and are not legal or migration advice; all amounts are confirmed live against the Department of Home Affairs and the relevant assessing authority before lodgement or payment.