Retainer Agreement Template

 Retainer Agreement Template

 Please write your name and date and sign at the bottom of ALL pages.

لطفاً زير تمام صفحات امضاء و  تاریخ را درج کرده و نام خود را بنویسید .

Agreement Number: XXXXX

RCIC Membership Number: XXXXX

This Retainer Agreement is made this           day of XXXXX, 2020, between Regulated Canadian Immigration Consultant (RCIC) Payam Pakmehr (the “RCIC”), located at XXXXX and Client(s) XXXXX (Main Applicant), located at XXXXX Postal Code: XXXXX and XXXXX (Dependant), located at XXXXX, Postal Code: XXXXX

WHEREAS the RCIC and the Client wish to enter into a written agreement which contains the agreed upon terms and conditions upon which the RCIC will provide his/her services to the Client.

AND WHEREAS the RCIC is a member of Immigration Consultants of Canada Regulatory Council (the “Council”), the regulator in Canada for immigration consultants;

IN CONSIDERATION of the mutual covenants contained in this Agreement, the parties agree as follows:

1. Definitions

The terms “Client”, “Council” and “Disbursement” shall have the meaning given to such terms in the Retainer Agreement Regulation and By-law of the Council.

2. RCIC Responsibilities and Commitments

The Client(s) asked the RCIC, and the RCIC has agreed, to act for the Client(s) in the matter of providing Client(s) with professional consultation about XXXXX and assisting the Clients in preparation of required forms and documentation.  

In consideration of the fees paid and the matter stated above, the RCIC agrees to do the following:

 

1)   To professionally advise the client on XXXXXX;

2)   XXXXX

3)   XXXXX

 

   3. Outcome of the Application

The Client(s) acknowledges that this agreement is for RCIC’s best efforts, knowledge and expertise in connection with the application. The Applicant acknowledges that the final decisions for XXXXX is solely made by the immigration officers.

4. Clients Responsibilities and Commitments

4.1 The Client(s) must provide, upon request from the RCIC:

1) All necessary documentation including acceptable language test results (e.g. General/Academic Training IELTS)

2) All required documentation in English or French, or with an English or French translation

4.2 The Client understands that he/she must be accurate and honest in the information he/she provides and that any inaccuracies may void this Agreement, or seriously affect the outcome of the application or the retention of any status he/she may obtain. The RCIC’s obligations under the Retainer Agreement are null and void if the Client knowingly provides any inaccurate, misleading or false material information. The Client’s financial obligations remain.

4.3 In the event Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC) should contact the Client directly, the Client is instructed to notify the RCIC immediately.

4.4 The Client is to immediately advise the RCIC of any change in the marital, family, or civil status or change of physical address or contact information for any person included in the application.

4.5 In the event of a Joint Retainer Agreement, the Clients agree that the RCIC may share information among all clients, as required. Furthermore, if a conflict develops that cannot be resolved, the RCIC cannot continue to act for both or all of the Clients and may have to withdraw completely.

4.6 RCIC’s obligations under the Retainer Agreement are null and void if the Client(s) knowingly provide(s) any inaccurate, misleading or false material information. The client’s financial obligations remain.

 

 

 

 

 

 

 

5. Professional Fees and Billing Method

The Client(s) agrees to pay professional fees of $XXXX Canadian Dollars at per following:

1) Upon initial advice and guidance on documentation requirements and concurrently with the execution of this agreement hereof, Client(s) shall pay to RCIC a retainer in the amount of $ XXXX CAD. This is applicable to the assessment of the applicant’s qualifications including document review and the preparation of the initial application and for required consultation regarding the Client’s eligibility, and is considered earned money, and is NOT refunded or waived.

2) XXXXX

3) XXXXX

                                        

NOTE 1: Other fees such as disbursements, courier fees, applicable taxes and government fees are payable by the Client(s) and are subject to change.

 

Professional, Government and other fees as applicable shall be paid into one of the below accounts in Canada:

 

‘’Bank Account Information’’

 

   6. Refund Policy

The Client(s) acknowledges 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 the RCIC. Furthermore, the Client(s) acknowledges that fees are not refundable in the event of an application refusal.

If, however, the RCIC or professional staff do not complete the tasks identified under section 2 of this agreement, the RCIC will refund part or all of the professional fees collected. The Client(s) agrees that the fees paid are for services indicated above, and any refund is strictly limited to the amount of fees paid.

In the event the Client(s) is unable to contact the RCIC and has reason to believe the RCIC may be dead, incapacitated, etc., the Client should contact ICCRC.

 

7. Dispute Resolution

Please be advised that Payam Pakmehr is a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC), and as such, is bound by its By-laws, Code of Professional Ethics, and associated Regulations.

In the event of a dispute related to the Code of Professional Ethics, the Client and RCIC are to make every effort to resolve the matter between the two parties. In the event a resolution cannot be reached, the Client is to present the complaint in writing to the RCIC and allow the RCIC 30 days to respond to the Client. In the event the dispute is still unresolved, the Client(s) may follow the complaint and discipline procedure outlined by ICCRC on their website:

http://www.iccrc-crcic.ca/public/complaintsDiscipline.cfm

NOTE: All complaint forms must be signed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   8. Confidentiality

All information and documentation reviewed by the RCIC, required by IRCC 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. The RCIC, and all agents and employees of the RCIC, are also bound by the confidentiality requirements of Article 8 of the Code of Professional Ethics.

The Client(s) agrees to the use of electronic communication and storage of confidential information. The RCIC will use his/her best efforts to maintain a high degree of security for electronic communication and information storage using Cloud-based file storage.

 

9. 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.

 

10. 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.

 

11. Termination

11.1 This Agreement is considered terminated upon completion of tasks identified under section 2 of this agreement.

11.2 This Agreement is considered terminated if material changes occur to the Client’s application or eligibility, which make it impossible to proceed with services detailed in section 2 of this Agreement.

 

12. Discharge or Withdrawal of Representation

12.1 The Client(s) may discharge representation and terminate this Agreement, upon writing, at which time any outstanding fees or Disbursements will be refunded by the RCIC to the Client/any outstanding fees or Disbursements will be remitted by the Client to the RCIC.

12.2 Pursuant to Article 11 of the Code of Professional Ethics, the RCIC may withdraw representation and terminate this Agreement, upon writing, provided withdrawal does not cause prejudice to the Client(s), at which time any outstanding fees or Disbursements will be refunded by the RCIC to the Client/any outstanding fees or Disbursements will be remitted by the Client(s) to the RCIC.

 

13. Responding to Clients Communications

RCIC will do its best to respond to Client’s communications in a timely manner that is within forty-eight (48) hours. In the event the RCIC is unable to respond to the client’s contact in a timely fashion or within the time agreed then a support staff instructed by RCIC would respond to the client’s communications within seventy-two (72) hours.

The Client(s) agrees to the use of electronic communication as the main method of communication.

The frequency and method of communications (such as by telephone or e-mail) with the Client(s) should be agreed upon if different from the Retainer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                  

   14. Planned or Unplanned Absence

In case of on an official leave of absence or travelling outside of the country RCIC resides or works (i.e. Iran or Canada) for a period of more than thirty (30) consecutive days, during which RCIC does not intend to discharge the usual duties of his consulting practice, RCIC will designate one or more Authorized Representative(s) who will assume the responsibility of the practice while RCIC is on leave or travelling. The information of the Authorized Representative(s) will be clearly communicated to Client(s) prior to such absence.

 

RCIC has designated and has communicated with ICCRC the contact information (including the name, primary and secondary address, telephone number and e-mail address) of the Authorized Representative and/or Responsible Person in case of on an unplanned absence during which RCIC intends to discharge or is forced to discharge from the usual duties of his consulting practice, (i.e. death, accident,..). The Authorized Representative or Responsible Person would allow for the maintenance of the RCIC consulting practice.

 

Note: In the event the Client(s) is unable to contact the Member and has reason to believe the Member may be dead, incapacitated or otherwise unable to fulfill his/her duties the Client(s) should contact ICCRC via contact information mentioned in section 7 of this Agreement.

 

15. Governing Law

This Agreement shall be governed by the laws in effect in the Province/Territory of Ontario, and the federal laws of Canada applicable therein and except for disputes pursuant to Section 8 hereof, any dispute with respect to the terms of this Agreement shall be decided by a court of competent jurisdiction within the Province/Territory of Ontario.

 

 

16. Miscellaneous

16.1 The Client(s) expressly authorizes the RCIC to act on his/her behalf to the extent of the specific functions which the RCIC was retained to perform, as per Section 2 hereof.

16.2 This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, warranties, representations, negotiations and discussions, whether oral or written, of the parties except as specifically set forth herein.

16.3 This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors and permitted assigns.

16.4 This Agreement may only be altered or amended when such changes are made in writing and executed by the parties hereto.

16.5 The provisions of this Agreement shall be deemed severable. If any provision of this Agreement shall be held unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

16.6 The headings utilized in this Agreement are for convenience only and are not to be construed in any way as additions to or limitations of the covenants and agreements contained in this Agreement.

16.7 Each of the parties hereto shall do and execute or cause to be done or executed all such further and other things, acts, deeds, documents and assurances as may be necessary or reasonably required to carry out the intent and purpose of this Agreement fully and effectively.

16.8 The Client acknowledges that he/she has had sufficient time to review this Agreement and has been given an opportunity to obtain independent legal advice and translation prior to the execution and delivery of this Agreement. In the event the Client did not seek independent legal advice prior to signing this Agreement, he/she did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defence to the enforcement of obligations created by this Agreement.                      

16.9 Furthermore, the Client(s) acknowledges that he/she has received a copy of this Agreement and agrees to be bound by its terms.