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Client Agreement

CHANGE OF PHASE CONSULTING GROUP - CLIENT AGREEMENT

Below are the terms and conditions which are covered in the Retainer Agreement which is signed between someone retaining our services (“Client”) and Change of Phase Consulting Group (“Company”), the Clients is provided with a printed copy for signatures.

The terms and conditions given in this Retainer Agreement are purely and solely for the purpose of this Agreement, these terms and conditions are applicable to only those who are part of this agreement after signing this document. Any information provided in this agreement is confidential and protected under the privacy act of Canada Personal Information Protection and Electronic Documents Act (PIPEDA), and will not be disclosed by either party signing this agreement to any third party or individual until it is required by law or to protect the interest of the client or to improve the quality of service provided to the client.

PREAMBLE

The purpose of this retainer agreement is to spell out in a clear and written manner the duties of the Company to be performed during the course of the application process by outlining the services to be rendered to the Client, including any additional services provided and agreed in addendums which may be added after the signing date of this agreement. The agreement shall also clearly state the responsibility of the Client in providing accurate and truthful information and documents in a timely manner required to prepare, submit and/or finalize the Client’s application process.

AUTHORIZATION & REPRESENTATION

  • You hereby authorize the Company and the Member to act on your behalf in any matter in terms of and subject to the content of these Standard Terms and Conditions.
  • The content of the Standard Terms and Conditions is applicable to any matter or file that the Comapny assists you with or manages on your behalf and the Firm is not required to make you aware of the content thereof with each new instruction received from you.
  • Although we have multiple consultants who specialize in various areas, a single consultant (“Member”) will be responsible for seeing that your legal needs are met and for directing or supervising all legal work that we undertake on your behalf.
  • The Member will determine (after appropriate consulting with you) the composition of a Team to staff each matter we undertake for you. Given the complexities associated with many areas of the law, we may find it necessary regarding particular issues to consult with other legal professionals with expertise in a relevant sub-specialty.
  • By signing this agreement you are authorizing us to seek consultation from other professionals for better advice if deemed necessary by the Member.

SCOPE OF ENGAGEMENT

  • We will provide you with the services which in our professional judgment are reasonably necessary and appropriate to the matter in respect of which you engage us from time to time.
  • We will provide legal advice and other legal services to you. While we will have your financial, employability and business objectives in mind, we are not financial, tax or business advisors and assume that you will rely on your own judgment and resources, such as other outside advisors as you may consider appropriate on financial, technical and business matter.
  • We are registered Employment Agency, you may be able to connect with the employers through the job postings available on our website, or through any printed or electronic media, neither we have any influence upon any employer nor we can solicit any employer to hire you, however, in case we are retained by an Employer who will or has offered you a job, and you also have retained our services for your Immigration matter; we will disclose to both parties (you and your employer) about our services being retained by both parties to avoid any possible conflict of interest. There are no fee / charges for you (as a worker or looking for work or as a job hunter) to use our plat form and data base of jobs which may be available through our website(s), neither our company charges any service fee to you (as a worker, or looking for work or as a job hunter), whatever, fee schedule is mentioned in this document, is purely for our services provided for your Immigration related process (including temporary visas or any other related matter with your status in Canada).
  • Although our professional team will take the utmost care during your representation, they have no control over commercial success of any instruction or outcome of any legal process, and thereof no guarantees of any nature are given in this regard.
  • We confirm that:
    • We are not providing legal advice or services on any matter other than the matters in respect of which you specifically retain us ; and
    • Once our work on a matter has been completed (see “Termination” below), we will not advise you as to subsequent legal or otherwise developments relating to the matter.
  • By signing this agreement, the Client or Designate authorizes the Member to collect information and documents from the Client or Designate to prepare the application to the concerned Provincial or Federal
    authorities, the Member is retained to provide assistance in the matter of Immigration Services.
  • (a) The Member agrees and affirms: 
    • To assess Client’s qualifications
    • To advise the Client (directly or through the Designate) with respect to the Canadian Immigration Law and the most appropriate Immigration stream under which the Client
      qualifies
    • To prepare and advise the Client(directly or through the Designate) of the best plan or strategy in respect to the application
    • To provide Client(directly or through the Designate) with a checklist of information and document required in support of application
    • To advise Client(directly or through the Designate) as to which documents are required in support of the application
    • To review and analyze documents received in support of Client’s application
    • To submit the application to the appropriate department for processing
    • To maintain a close liaison with the Client(directly or through the Designate)and provide updates in regards to the application at reasonable intervals
    • To correspond with the concerned department and follow up with the process
    • To work in the best interest of the Client within the means of Canadian Immigration Law
  • (b). The Client / Designate agrees and affirms: 
    • To provide accurate and truthful information required to prepare the application
    • To provide all the supporting documents required in English or French, in case original documents are in any other language then, translation of those documents in English or French
    • To provide documents and information within a reasonable time frame after retainer
      amount is paid
    • To pay the Fees and Expenses according to the schedule mentioned in this agreement

TIME LINES

Both parties signing this agreement, agree to abide by a reasonable time line to execute task assigned, the Client or Designate is responsible to complete all the required documents and information according to the check list provided by the Member within 60 days from the date of retainer.

NO OBLIGATION AND RESPONSIBILITY

The Member does not take any responsibility of the information and documents provided by the Client or Designate to provide truthful information and genuine documents is the sole responsibility of the Client or Designate. The Member’s obligations under the Retainer Agreement are null and void if the Client or Designate provides any inaccurate, misleading or false material or information, however, in such scenario, the Client’s or Designates financial obligation remains.

QUOTES & ESTIMATES

It’s our policy that our consultants are not at liberty to supply quotes or estimates of the cost of a matter. Should you request or insist on a quote or estimate, the following must be kept in mind:

  • Quotes and Estimates will be based on the Scope of Services as perceived by the consultant at that time. Any changes to the Scope of Services either by your request or by circumstances affecting the matter will negate any quote or estimate.
  • All quotes and estimates given by a consultant are supplied as an honest estimate of the cost of the matter. As there are inevitably unforeseen events and issues you must under no circumstances consider the figure provided as the final amount due to us. The matter will be billed in accordance with our policy and will relate to the actual time spent on the matter.

FEES

  • In determining our fees, we may consider many factors, including: the complexity of the matter, time constrains posted by you that results in working on a priority basis or outside normal business hours, the achievement of exceptional results and any special demands made upon us. It may ad just all fees accordingly at any time when the scope of the project is changed, re-prioritized or revised.
  • Except if specifically agreed otherwise with the Member in writing, our fees are based on the time spent and billed at prevailing hourly rates ($350 per hour) of the consultant doing your work.
  • We periodically review and adjust our rates and will advise you of any changes in rates and when they occur.
  • Fees are changed as follows:
    • Fees are charged at 15 minutes, 30 minutes and 1 hour or any portion thereof, whether the time spent thereon takes up the full portion or not;
    • Consultations are always charged at the 1 hour rate or a portion thereof, whether the consultation take one hour or not;
    • All overruns on time, no matter how small, are billed in the following time period;
    • A minimum fee of 15 minutes is charged for each action on a client file. Typically the following falls in this category:
      • i. For each telephone call or e-mail from a client of whatever nature where no legal advice requested or given ;
      • ii. For each follow up email or telephone call to obtain instruction from clients or third parties on file;
      • iii. Receipt of any updates or progress reports from other consultants and third parties on a file;
    •  A fee will be charged at the 30 minutes rate in the following cases;
      • i. Any action that overruns the 15 minutes limit;
      • ii. For each telephone call or e-mail from a client of whatever nature where legal advice is requested or given
      • iii. Receipts of any update or progress reports from other consultants and third parties, which requires perusal for correctness or confirmation of receipt;
      • iv. Receipt or delivery of any documents which require perusal for correctness;
    • A fee will charged at the 1 hour rate for the following:
      • i. Consultants of whatever nature, whether legal advice is given or not; ii. Drafting of any documents including, but not limited to, agreements, contracts, releases etc.

DISBURSEMENTS

Our accounts will include any out-of-pocket expenses we incur on your behalf, plus the applicable taxes. Our typical disbursements and charges are for such matters as external database on-line charges, photocopies, courier charges, and transcripts fees. Filing and search fees, and other expenses incurred on your behalf. Your acceptance of our retainer agreement, alternatively your instruction to proceed on your behalf, will constitute our authority to incur on your behalf any disbursements which we consider necessary given the nature of the work. Any fee payable to any Government Department including your application processing fee or any other fee related to your application and payable to Government, are paid directly by you, and that is not a part of disbursement. Some of the items, not limited to, which are included in disbursements:

  • Cost of the binder – Initially when the Client will be retained, a file will be created with an internal file number, and the documents and forms are filed in a standard binder
  •  Photocopies/Printing – The complete package is made in two copies, original is sent to the concerned department and the second is kept in the office
  • Postal Charges – The package of application or correspondence is sent to the concerned processing office via registered mail

REFUND POLICY

The Client or Designate acknowledges that the granting of a visa or a status or a decision from any Provincial or Federal Department and/or time required for processing the application is at the sole discretion of the government and not the RCIC or the Member. If however, the application is denied because of an error or omission on the part of the Member or the professional staff, the Member will refund all professional fees collected including the Expenses and Disbursements. In case any party signing the agreement with draws the Representation at any stage of the process, the number of hours spent and billed to the Client or Designate will have to be paid, and remaining amount, if applicable shall be REFUNDED to the Client or Designate. In case of a negative final decision without any Errors or Omissions of Member, there is NO-REUND. In case the Client or Designate fails to provide the required documents or information to the Member within 60 days of signing this agreement, the agreement shall be considered completed (hence terminated) and the retainer amount paid shall become NON-REFUNDABLE. During the process in case, the Client or Designate fails to provide documents or information required by any Department, and due to the same reason the case receives the negative decision, the agreement shall be considered completed (hence terminated) and the financial obligation upon the Client or the Designate would still remain, and the amount paid shall be NON-REFUNDABLE.

PRIVACY & CONFIDENTIALITY

  • All information and documentation reviewed by the Member, required by CIC and all other governing bodies, and used for the preparation of the application and will not be divulged to any third party, other than agents and employees, without prior consent, except as determined by law. The Member, and all agents and employees of Change of Phase Consulting Group, are also bound by the confidentiality requirements of Article 8.1 and 8.5 of the Code of Professional Ethics.
  • The Client/Designate agrees to the use of electronic communication and storage of confidential information on to the server The Member will use his/her best efforts to maintain a high degree of security fir electronic communication and information storage.
  • We will at all times preserve the confidentiality of any confidential information disclosed to us, subject only to applicable law and our professional and ethical obligations.
  • We do not represent clients whose matters may be adverse in interest.
  • During each meeting with you, face to face, over the telephone, Skype or any other media, the responsible consultant will take notes, sometimes in electronic format which you consent by retaining our services, in record the content of the meeting and to act as a guideline for instructions to be implemented. These notes, in whatever form or format, are covered by solicitor-client confidentiality.
  • In the course of acting for you, you may disclose to us (and we may collect, use and disclose) personal information that is subject to applicable privacy protection laws. We will collect, use or disclose that personal information for the purposes of providing our services to you, managing our relationship with you, administering our business and as permitted or required by law.

ELECTRONIC COMMUNICATION

During the course of our engagement, we may exchange electronic versions of document and emails with you using commercially available software that is vulnerable to attack by viruses and other destructive electronic programs. As a result of our countermeasures undertaken in this regard, our system may occasionally reject a communication you send to us, or we may send you something that is rejected by our system. Accordingly, we cannot guarantee that all communication and documents will always be received, or that such communications and documents will always be virus free, and we make no warranty with respect to any electronic communication between us. In addition, we make no warranty with respect to the security of any electronic communications between us and you consent to our electronic communications, including confidential documents, being sent unencrypted.

FORCE MAJEURE

The Member’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.

CHANGE POLICY

Client or Designate acknowledges that if the Member is asked to act on the Client’s behalf on the maters other than outlined in this agreement, this also include submitting application for visa under Dual Intent or concurrent processing under work permit or 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, this agreement shall be modified for the fee structure.

TERMINATION OF THE AGREEMENT

  • This agreement is considered terminated upon completion of the tasks under Section – 1 of this agreement
  • This agreement is considered terminated if material changes occur to the Client’s application or eligibility, which makes it impossible to proceed with services detailed in Section – 1 of this agreement
  • This agreement may be terminated, upon a written request by the Client/Designate, at which time any outstanding fees or disbursements will be remitted by the Client/Designate to the Member and reverse is true, depending upon the stage of the application
  • Pursuant to Article 14 of he Code of Professional Ethics, this agreement may be terminated, upon a written request by the Member provided withdrawal does not cause prejudice to the Client.
  • This agreement is subject to the Laws in effect the Province /Territory Canada.
  • You may terminate the engagement for any reason prior to the completion of the engagement by giving written notice to that effect. On such termination, all unpaid fees and disbursements will become due and payable.
  • Subject to our professional and ethical obligations, we may terminate our legal representation of you prior to the completion of an engagement for any reason, including as a result of conflicts of interest that arise or unpaid legal fees and disbursements.
  • Unless an engagement has been previously terminated, our representation and the engagement will cease upon notice thereof.
  • On receipt of full payment of our final account for services rendered, all documentation that you have provided to us and the work product completed for you will be available to you. Otherwise such documentation will be dealt with in accordance with our records retention policies and practices that may not be synchronized with yours.
  • The fact that we may subsequently send you information on legal developments without charge or that we may include you in general mailings will not change the fact that an engagement has been terminated.

VALIDATION

The Client/Designate acknowledges that he/she has read this agreement, he/she understands all the sections of this agreement, and wherever there was any confusion in interpretation, he/she was briefed and explained to a pint where the meanings were clear to all signing this agreement. The Client/Designate also acknowledges, that he/she was given enough time before signing this agreement to obtain independent legal advice as he/she deemed appropriate, had option to either request for an translator or arrange his/her own. The Client/Designate acknowledges that he/she requested that the agreement be written in English Language;