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Retainer Agreement
This document is an agreement, and contains important information about the rights and obligations of the Parties. Please read it carefully. We are ready to explain the contents; however, we encourage you to consult with third parties such as your lawyer in order to make sure you fully understand your rights and obligations, if necessary.
Important Note:
This agreement is only valid if sent from Payam Pakmehr via DocuSign system.
نوشته حاضر يک قرارداد و حاوی اطلاعاتی مهم در باره حقوق و وظایف و تعهدات طرفين است. لطفاً آن را به دقت مطالعه فرمائيد. ما آمادگی توضيح محتوای آن را داريم، ولی پيشنهاد می کنيم در صورت لزوم با اشخاص ثالث مانند وکيل خود مشورت فرمائيد تا از درک کامل حقوق و تکاليف خود اطمينان حاصل نمائيد.
این قرارداد فقط در صورتی معتبر است که از طرف پیام پاک مهر و با سیستم DocuSign ا ارسال شده باشد.
Agreement Number: ————
RCIC Membership Number: R530633
This Retainer Agreement is made between Payam Pakmehr, Regulated Canadian Immigration Consultant (the “RCIC”), located at xxxx, and the following Clients:
- ———— (Main Applicant), Passport # ————
- ———— (Dependant), Passport # ————
Address: ————, Iran. Postal Code: ————
WHEREAS the RCIC and the Clients 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 Clients.
AND WHEREAS the RCIC is a member of College of Immigration and Citizenship Consultants (the “Council”), the regulator in Canada for immigration consultants;
IN CONSIDERATION of the mutual covenants contained in this Agreement, the parties agree as follows:
- 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.
- RCIC Responsibilities and Commitments
The Clients has asked the RCIC, and the RCIC has agreed, to act for the Clients in the matter of providing Clients with professional consultation about XXXX and assisting the Clients in preparation of applications including required forms and documentation.
In consideration of the fees paid and the matter stated above, the RCIC agrees to do the following:
- XXXX
- XXXX
- XXXX
NOTE: The estimated timeframe for the delivery of the services mentioned in XXXXXXXX.
- Outcome of the Application
The Clients acknowledge that this agreement is for RCIC’s best efforts, knowledge and expertise in connection with the application. The RCIC adequately supervises any person who assists in the provision of the services outlined in section 2 of this agreement. The following persons will be likely to assist the RCIC in the provision of services outlined in section 2 of this agreement: XXXX.
- Clients Responsibilities and Commitments
4.1 The Clients must provide, upon request from the RCIC:
1– All the required documents according to the IRCC’s checklist.
2– All documentation in English or French, or with an English or French translation.
4.2 The Clients understand that they must be accurate and honest in the information they provide and that any inaccuracies may void this Agreement, or seriously affect the outcome of the application or the retention of any status they 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 Clients’ financial obligations remain.
4.3 In the event Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC) should contact the Clients directly, the Clients are instructed to notify the RCIC immediately.
4.4 The Clients are 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 Clients knowingly provide any inaccurate, misleading or false material information. The client’s financial obligations remain.
- Professional Fees and Billing Method
The Clients agree to pay professional fees of C$ ———— (———— Thousand and ———— Hundred) as per following for the services outlined in the herein Agreement. The Clients will not be charged tax as they are non-resident foreign nationals:
5.1 Upon assessment of the Clients’ eligibility for XXXX, and reviewing and analyzing initial documents received from the Clients in support of their education, training, work experience, available funds, and civil status, and provide the Client with a checklist of information and documents required in support of XXXX applications, the Clients shall immediately pay to RCIC a retainer in the amount of C$ XXXX and is considered earned money and will NOT be refunded or waived.
5.2 Upon filling out all the required IRCC forms on behalf of the Clients, arranging and organizing the provided required documents (including translations, if applicable) in accordance with the IRCC’s requirements in order to prepare the final complete applications, and providing the Clients with ongoing professional immigration advice, the Clients shall pay to the RCIC a retainer in the amount of C$ XXXX and is considered earned money, and will NOT be refunded or waived unless otherwise stipulated hereinafter.
5.3 Upon notification that the Clients’ applications are submitted and is in process, the Clients shall pay to RCIC a retainer in the amount of C$ XXXX and will NOT be refunded or waived unless otherwise stipulated hereinafter.
NOTE: Other fees such as disbursements and government fees are payable by the Clients and are as follows:
- Processing fee for XXXX: C$ XXX
- Biometric fees for XXX: C$ XXX
Please note that disbursements and government fees are subject to change.
Professional, Government and other fees as applicable, shall be paid into the following account in Canada by wire transfer, e-transfer to XXXX, or other acceptable methods upon mutual agreement.
| Bank Name | XXXX |
| SWIFT Code | XXXX |
| Institution Number | XXXX |
| Bank Account | XXXX |
| Transit Number | XXXX |
| Beneficiary | XXXX |
| Beneficiary
Bank Address |
XXXX |
| Country | Canada |
- Refund Policy
The Clients 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 the RCIC. Furthermore, the Clients acknowledge that fees are not refundable in the event of an application refusal.
In the event the Clients is unable to contact the RCIC and has reason to believe the RCIC may be dead, incapacitated, etc., the Client should contact CICC.
- Dispute Resolution
Please be advised that Payam Pakmehr is a member in good standing of the College of Immigration and Citizenship Consultants (CICC), and as such, is bound by its bylaws, 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 Clients are to present the complaint in writing to the RCIC and allow the RCIC 30 days to respond to the Clients. In the event the dispute is still unresolved, the Clients may follow the complaint and discipline procedure outlined by CICC on their website:
https://college-ic.ca/protecting-the-public/complaints-process/make-a-complaint
NOTE: All complaint forms must be signed.
CICC Contact Information:
College of Immigration and Citizenship Consultants (CICC)
5500 North Service Rd., Suite 1002
Burlington, ON, L7L 6W6
Toll free: 1-877-836-7543
- 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 Clients agree 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.
- 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.
- Change Policy
The Clients acknowledge that if the RCIC is asked to act on the Clients’ behalf on matters other than those outlined above in this Agreement, or because of a material change in the Clients 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.
- 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 in the Clients’ applications or eligibility, which make it impossible to proceed with services detailed in section 2 of this Agreement.
- Discharge or Withdrawal of Representation
12.1 The Clients may discharge representation and terminate this Agreement, upon written, upon writing, at which time any outstanding fees or Disbursements will be refunded by the RCIC to the Clients/any outstanding fees or Disbursements will be remitted by the Clients 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 written, provided withdrawal does not cause prejudice to the Clients, at which time any outstanding fees or Disbursements will be refunded by the RCIC to the Clients /any outstanding fees or Disbursements will be remitted by the Clients to the RCIC.
- Responding to Clients Communications
Communications in a timely manner that is within forty-eight (48) hours. In the event the RCIC is unable to respond to the Clients’ contact in a timely fashion or within the time agreed, then a support staff instructed by RCIC would respond to the Clients’ communications within seventy-two (72) hours.
The Clients acknowledge and confirm that the RCIC and its agents or hires will be in communication with the Clients, and through email and phone communications to ———— and +98———— or through the Clients’ WhatsApp profile with Phone # +98 ————.
- 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 Representatives 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 Clients prior to such absence.
RCIC has designated and has communicated with CICC 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 Clients are unable to contact the Member and have reason to believe the Member may be dead, incapacitated or otherwise unable to fulfill his/her duties the Clients should contact CICC via contact information mentioned in section 7 of this Agreement.
- 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 7 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.
- Miscellaneous
16.1 The Clients expressly authorize the RCIC to act on their 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 The Clients acknowledge that they have 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 Clients did not seek independent legal advice prior to signing this Agreement, they did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defense to the enforcement of obligations created by this Agreement.
16.8 Furthermore, the Clients acknowledge that they have received a copy of this Agreement and agree to be bound by its terms.
16.9 The Clients acknowledge and understand that processing times provided by IRCC are an estimate of how long IRCC expects most applications will take to process under normal circumstances. These times are based on the number of current applications waiting to be processed and how quickly IRCC expects to process them. Processing times may vary depending on the number of applications IRCC receive.
16.10 The College of Immigration and Citizenship Consultants (CICC) may require the production of documents in accordance with the College of Immigration and Citizenship Consultants Act, and any regulations or by-laws made under the Act.
16.11 The Clients acknowledge and agree that the language of communication shall be either in English or Farsi.
16.12 The Clients agree to use the DocuSign system in order to sign and execute the agreement.
- Validation
The Clients 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.
- Contact Information
Client Given Name: ————, Family Name: ————
Address: ————. Postal Code: ————
Passport Number: # ————
Date of Birth: ————
Telephone Number: ————
E-mail Address: ————
Client Given (Dependant) Name: ————, Family Name: ————
Address: ————. Postal Code: ————
Passport Number: # ————
Date of Birth: ————
Telephone Number: +98 ————
E-mail Address: ————
RCIC Given Name: Payam, Family Name: Pakmehr, Address: XXXX, Telephone Number: XXXX
E-mail: XXXXX
IN WITNESS THEREOF this Agreement has been duly executed by the parties hereto on the date first above written.
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