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Retainer agreement

RCIC Membership Number: R411487                                                File No:           

 The Retainer Agreement is made this  ______   day of _____________ ,20__         
 Between Suresh Gupta (RCIC R411487)                    
 Located at 2355 Derry Road East # 12, Mississauga, Ontario L5S 1V6
and
Client                                                                                                                           ______________________________________________________                                                                                                                                                                               
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  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”, “Disbursement” and “RCIC” shall have the  meaning given to such terms in the Retainer Agreement Regulation of the  Council.

RCIC Responsibilities and Commitment

The Client(s) asked the RCIC, and the RCIC has agreed, to act for the Client(s) in the matter of

ONLINE EXPRESS ENTRY APPLICATION

In consideration of the fees paid and the matter stated above, the RCIC agrees to do the following:
Discussing the issues as relates to the “Express Entry Pool online application”  
Collect all the documents from the applicant as per CIC Protocol          
Complete the Online application valid for one year only           
Complete any information update should the clients status change
Complete Job Bank registration ( If applicable)
Provide guidance on credential evaluation process
This  “retainer” only applies to the extent of the submissions of this online  application; should an INVITATION TO PR comes up a new retainer has to  be signed off

Client(s) Responsibilities and Commitment

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

All necessary documentation with in a reasonable time frame.
All documentation in English or with an English translation

3.2  The Client understand 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 nay status he/she may obtain. The member’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.

3.3 In  the event Citizenship and Immigration Canada (CIC) or Human Resources  Skills and Development Canada (HRSDC) or IRB or IAD or CBSA should  contact the Client(s) directly, the Client(s) are instructed to notify  the RCIC immediately.

3.4The  Client(s) 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.

3.5  In the event of a joint retainer agreement, pursuant to Article 13 of  the Code of Professional Ethics, the Client(s) understand that no  information received in connection with the matter from one Client can  be treated as confidential so far as any of the other Clients are  concerned (Article 13.1.1) and that 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 (Article 13.1.2).

4. Billing method

The Client will be billed by milestones.

The details of this billing method are as follow:

5. Payment Terms and Conditions:

Professional Fees:                                         
$ 500.00             minus initial consultation fee if applicable
Other [e.g., disbursements, courier fees, photocopying, scanning, Faxing, emailing etc.]:                                  
$  0            included in our fees

Applicable Taxes [include registered tax numbers]:  
$ 65.00
Government Fees:                                                 
$   0        if not paid by the client directly
Total Cost:                                                    
$ 565.00
The above amount is to be paid by the Client(s) and is subject to change upon mutual agreement of both parties.

6. Payment Schedule

Deposit:                                  
$500+HST             (Paid at the time of signing of Retainer)     
Balance:                                                             
$ zero                 (Paid before sending the file over to CPC MISS)
Special  arrangements mutually agreed upon by the Client(s) and RCIC (e.g.,  payment by post-dated cheques, different currency, etc.):     

7.  Refund Policy
The  Client(s) 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.
If, however, the application is  denied because of an error or omission on the part of the RCIC or  professional staff, the RCIC will refund all professional fees  collected.  The Client(s) agree that the fees paid are for services  indicated above, and any refund is strictly limited to the amount of  fees paid.                                                    

8. Dispute Resolution Related to the Code of Professional Ethics
Please  be advised that SURESH GUPTA 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, the Client(s)  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(s) are  to present the complaint in writing to the RCIC and allow the RCIC 15  working days to respond to the Client(s).  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

9. Confidentiality

All  information and documentation reviewed by the RCIC, required by CIC 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 8.1 and 8.5 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.

10. 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.

11. 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.

12. Termination

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

12.2    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.

12.3    This Agreement may be terminated, upon writing, by the Client(s), at  which time any outstanding fees or disbursements will be refunded by the  RCIC to the Client(s) / any outstanding fees or disbursements will be  remitted by the Client(s) to the RCIC. 

12.4   Pursuant to  Article 14 of the Code of Professional Ethics, this Agreement may be  terminated, upon writing, by the RCIC, provided withdrawal does not  cause prejudice to the Client(s).

13. Governing Law

 This  Agreement shall be governed by the law in effect in the Province  /Territory of Ontario, Canada 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, Canada.

14. Miscellaneous

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

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

14.3 This agreement may only be altered when such changes are made in writing and executed by the parties hereto.

14.4  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.

14.5 The heading 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 contained in this agreement.

14.6  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.

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

14.8 The Client(s)  acknowledge that they have requested that the Agreement be written in  the English language; Les parties reconnaissent qu'elles ont exigé que  ce qui précède soit rédigé en anglais.  [To be included in the English  version of the Retainer Agreement drawn up by RCICs working in  Quebec.]       

15. Contact Information

Client /Designate Name

Given Name_______________________________ Family Name _______________________________ 

Address ______________________________________________________________   

Telephone No #____________________________Cell No #_______________________________  

Fax # ______________________________ Email ______________________________    

RCIC

Given Name: Suresh

Family Name: Gupta 

Address: 2355 Derry Road East # 12, Mississauga, Ontario L5S 1V6

Telephone No # 905-673-1200

Fax # 905-673-2300______________________________

Email: gupta@metroimmigration.com        

_______________________________                               ________________________________

Client Signature                                                                           RCIC Signature

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