Retainer Agreement (contract) RCIC Membership Number: R512494                Mansouri Canadian Immigration Services, Inc. herein referred to as MCIS and/or the RCIC #730 - 1111 West Hastings Street Vancouver, B.C., V6E 2J3  Phone: 604-468-5747 Email: info@mcisfirm.com   

1.       MCIS – Responsibilities and Commitments

Whereas The Client(s) has requested Mansouri Canadian Immigration Services, Inc. (referred to as MCIS) to represent him/her on an application for admission to an applicable educational institution and on an application for Study Permit to Canada. MCIS has agreed to undertake such an assessment and representation, pending provision of full documents and information to confirm the eligibility of the applicant, and assuming that the applicant is not and will not become inadmissible to Canada. By execution of the herein contract, the client(s) hereby retain, authorize and appoint MCIS and its RCIC(s) as the case might be to represent him/her/them to all the appropriate governmental departments and/or parties, as the case may be, with respect to the latter application. In consideration of the fees paid and the matter stated above, MCIS agrees to do the following:
  1. Correspond with the Client(s) and their Designates to assess their case.
    1. Verify the situation of the Clients under prevailing Canadian Immigration Law and Policy and assist in the selection of the best suited category for application purposes.
  2. Prepare the necessary forms and draft the necessary documents.
    1. Prepare a complete application dossier for presentation to Citizenship and Immigration Canada and any other relevant authorities.  Please note that some of the work to be undertaken may be delegated to employees or contracted out in order to expedite the processing of the work associated with the application.
    2. The processes to be undertaken include the following:
i.      Review of information and documentation specific to qualifying for the noted programs, and provision of information to allow the Applicant to make an educated choice as to which program is of most interest to them. ii.      Preparation of the application. iii.      Submission of the application.
  1. Correspond with the relevant Immigration Authorities and the CIC.
    1. Liaise with applicable Government authorities on behalf of the client specific to this application at all stages of the process.
  2. Correspond and meet with the Client(s) and advise them on the matter.
    1. Maintain the confidentiality of the Applicant's information and documents
    2. Only release these details to the appropriate Government officials unless the Applicant provides the authority to release information or documents to another party.
    3. Please note that some or all information may be shared with the client’s Designates as the nature of the retainer is based on all parties being involved in the matter.
    4. Please note that information or documents may be shared with employees both salaried and contracted which may be involved in the processing of this case and that information and documents could be shared with outside parties in the event  of complaint, investigation, tribunal or if required by law.

2.       Client(s) Responsibilities and Commitments

The Client(s) must provide, upon request from MCIS:
  1. All required documentation to process the file.
  2. The client must be aware of his or her responsibility for providing up-to-date and reliable contact information in a timely manner, to MCIS and any staff and/or contractors.
  3. The client must provide all of the relevant information pertaining to the issues of the case to MCIS and any staff and/or contractors.
  4. The client must promptly provide all documents that may be necessary or requested to MCIS and any staff and/contractors.
  5. The Client(s) will promptly return emails and calls from MCIS and any staff and/contractors.
  6. The Client(s) will notify MCIS immediately of any changes of address, email address or telephone number.
  7. The Client(s) will promptly pay the MCIS’s accounts or, should he or she have a question or a difficulty with any part of the account, he or she will bring this to MCIS’s attention immediately so that they may have a frank and open discussion about it.
  8. The client(s) must provide MCIS with complete and accurate information and documentation as requested by MCIS and any staff and/contractors, or any applicable Government agency. It shall be noted that the penalty for provision of fraudulent information or documents and/or withholding material information and documents qualifies as misrepresentation under the Immigration and Refugee Protection Act and Regulations. The consequence of misrepresentation is severe.
  9. The members’ obligations under the Retainer Agreement are null and void if the Client(s) knowingly provide(s) any inaccurate, misleading or false material or information and/or withholds material information and/or documents from MCIS. The Client’s financial obligations remain.
  10. The Client(s) must keep MCIS up to date on his or her contact details as well as any material facts which may have a bearing on this application.
  11. The Client(s) attend meetings requested by MCIS in preparation for any and all interviews.
  12. The Client(s) will adhere to the fee schedule as set out herein.
  13. The client(s) hereby take full responsibility for the accuracy of any translation on their document by a translator, and therefore agree and affirm that MCIS and the RCIC shall not and will not be responsible for any possible errors made by translator(s) or on the translated documents and any effects such errors might have on the application. For greater certainty, if the application is delayed and/or refused or any other undesired outcome takes place due to an error or omission of translation on the client(s) documents, the RCIC will not be liable. It is also agreed by the client(s) that the RCIC and MCIS are not responsible for checking and verifying the accuracy of the translations and the information in the translated document.

3.       Changes to Original Agreement

Any changes or edits made to the Retainer Agreement after the document is originally signed must be mutually agreed upon in writing.

4.       Additional Services

If the Client, or his or her designate, requesting additional services a new and separate retainer or a change to this retainer will be required.  

5.       Billing Method

a)       The client is not subject to pay the service fee. (PRO BONO). b)      The client is subject to pay any applicable school and government fees upon MCIS’s request. c)       The client is not subject to tax on the amount paid in this Retainer Agreement.

6.       Expenses and Allocated Charges or Disbursements

The Client will be responsible for reimbursing MCIS-the RCIC for expenses (also called disbursements) he incurs on his/her behalf and office charges allocated to his/her file. These include:
  • Government fees and application fees
  • faxes, postage, deliveries
  • search charges and the fees of agents who conduct investigations
  • searches and registrations
  • all other reasonable out of pocket expenses and office charges.

7.       Issues of Dispute

MCIS has established an internal complaint policy and procedure should any of our clients have a concern about our business practices. We always encourage our clients to speak with us directly as well as provide, in writing, any issues that they may have as to our services. We have a policy to ensure that any complaint issued in writing will be responded to within seven business days or sooner. Should this produce an unsatisfactory result, there are several options open to you as our client: Make a Complaint to the Immigration Consultants of Canada Regulatory Council MCIS is a member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC), the current regulator of the profession of Canadian Immigration consultants. Should you have a serious issue with the services or advice provided by MCIS - the RCIC, it would be in order to submit such a complaint to the ICCRC at the following address: The Immigration Consultants of Canada Regulatory Council 1100BurloakDrive,Suite300 Burlington, ON L7L 6B2  Canada Tel: 1-877-836-7543 Fax: 1-877-315-9868 Email: info@iccrc-crcic.ca More information about the complaint and discipline process of the ICCRC may be found at the following link: http://www.iccrc-crcic.ca/public/complaintsDiscipline.cfm Ensure that MCIS is Abiding by the Standards of the ICCRC MCIS 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. A copy of the code of professional ethics of the ICCRC can be found at the following link: http://www.iccrc-crcic.ca/admin/contentEngine/contentImages/file/Code_of_Professional_Ethics__Sept_2011.pdf MCIS has confirmed that he is a member in good standing with The Immigration Consultants of Canada Regulatory Council and is required by law in order to represent or give any advice on Canadian Immigration matters for a fee as per the Immigration and Refugee Protection Act, Section 91. It is further confirmed that MCIS-the RCIC has provided a full explanation to the Applicant as to the mechanism available for complaint arising from her service and the signing of this agreement is in part, that the Applicant is attesting to understanding all of these mechanisms. This Agreement shall be governed by and interpreted in accordance with the laws of Ontario, Canada, or in any other Canadian Jurisdiction where the MCIS executes the retainer, and shall be binding to the parties hereto, and upon (a) their respective representatives, successors and assigns and (b) the heirs or any individual that is a party hereto. For the purpose of all legal proceedings, this Agreement shall be deemed to have been performed in Ontario, Canada or any Canadian Jurisdiction where MCIS executes this contract. Ontario, Canada or the other Canadian Jurisdiction where the execution of this contract has taken place shall have jurisdiction to entertain any action arising under this Agreement.  Each party hereto agrees to the jurisdiction of the courts of Canada. It is agreed by all parties that the only and preferred fashion of communication is by email and mail is only an acceptable method of correspondence if specifically instructed by the MCIS; and that MCIS and its staff are not obliged to answer and/or reply to the client’s and their designates’ phone calls. It is agreed that in the event of a dispute, only written communications can and shall be used in a proceeding and/or procedure including but not limited to complaints to the ICCRC and/or proceeding and legal actions in a court of law and/or any form of mediation or arbitration. It is agreed by all parties that no verbal communications will be admissible as evidence into any forms of later proceedings and/or procedures.

8.       Termination of this Agreement

a.       By the Client(s)

The Client(s) has the right to terminate this retainer agreement at any time, with written notice to MCIS. Should the client decide that he or she longer desires to retain the services of MCIS while the matter is ongoing, the termination of the services of MCIS must be in writing. It is agreed by the client to give MCIS prompt written notice of such termination. Upon such termination, the Client(s) will be billed by MCIS for all services performed up to and including the date of termination of the retainer, and those which are reasonably necessary thereafter, in accordance with the hours or portions thereof performed by MCIS and/or the various members of the MCIS firm.

b.      By MCIS

Subject to MCIS’s obligations to the client to maintain proper standards of professional conduct, MCIS reserves the right to terminate his services to the Client(s) for good reasons which include, but are not limited to:  
  • if the Client(s) fails to cooperate with MCIS and any staff and/contractors, in any reasonable request;
  • if, in MCIS’s view, his continuing to act on your behalf would be unethical or impractical;
  • if the retainer has not been paid; or
  • if the Client(s) fails to pay MCIS’s accounts when rendered.
  • Any other reason permitted and in accordance with the ICCRC Code of Ethics
In the event of MCIS’s withdrawal, the Client(s) will take all steps necessary to free MCIS and any staff and/contractors, of the obligation to perform further services, including the completion of any necessary documents necessary to MCIS’s withdrawal. Notwithstanding such termination, the Client(s) will remain obligated to pay the MCIS for all services provided up to the date of termination, and those which are reasonably necessary thereafter. In the event of MCIS’s withdrawal due to failure to pay, MCIS will ensure that said withdrawal will not cause undue prejudice to the Client(s), in accordance with Article 14.4 of the ICCRC Code of Professional Ethics.

9.       Communications

MCIS will keep the Client informed regularly of the progress of, and issues relating to, the matter. MCIS will also keep a copy for Client of pertinent correspondence and documents created on his/her behalf. By virtue of the confidentiality rules, MCIS is bound to hold in strict confidence all information about the Client’s business and affairs that MCIS acquires by virtue of his professional relationship with the Client(s). MCIS will only disclose such information if he is expressly or implicitly authorized to do so by the Client(s), or he is otherwise required to by law.  MCIS and any staff and/contractors, will use a variety of means of communication with the Client(s), including fax, cell phone, and e-mail. The Client’s execution of this letter agreement authorizes MCIS and any staff and/contractors, to communicate with and/or transmit documents to the Client or on his or her behalf by fax, cell phone, and e-mail. The Client(s) also acknowledges and accepts the risk that these means of communication may not be secure. If the Client does not want MCIS and any staff and/contractors, to communicate with him or her by fax, cell phone, or e-mail, the Client(s) must advise MCIS in writing. It is agreed by all parties that the only and most preferred fashion of communication is by email and mail is only an acceptable method of correspondence if specifically instructed by the MCIS and that MCIS and its staff are not obliged to answer and/or reply to the client’s and their designates’ phone calls. It is agreed that in the event of a dispute, only written communications can and shall be used in a proceeding and/or procedure including but not limited to complaints to the ICCRC and/or proceeding and legal actions in a court of law and/or any form of mediation or arbitration. It is agreed by all parties that no verbal communications will be admissible as evidence into any forms of later proceedings and/or procedures.

10.   Confidentiality

As the representative, MCIS must share relevant information about this matter with various administrative bodies and tribunals, and possibly the court and other parties involved. Unless MCIS must share this information as part of his work, all information the Client(s) give to MCIS, will be kept confidential between the Client(s) and MCIS and any staff and/contractors.

11.   No Guarantees

MCIS, any staff and/contractors, and the Client(s) will work together towards the Client’s desired outcome. However, MCIS cannot guarantee that the Client’s desired result will be achieved. For MCIS and any staff and/contractors, to work towards the desired outcome, it will be necessary for the Client(s) and MCIS to abide by the terms described in this agreement.

12.   No Coercion or Undue Influence

In executing the within retainer agreement, the Client(s) acknowledges that he or she has had the opportunity to obtain, and has been advised to obtain, independent legal advice but notwithstanding such advice, the Client(s) has chosen to execute this agreement willingly and voluntarily without undue influence or coercion of any sort. The Client further confirms by executing this agreement that he or she understands all of the terms and conditions contained herein and has had an opportunity to review same before signing. The Client(s) also confirms that if he or she needs assistance with interpretation and translation of this agreement, and any other letters and correspondence from MCIS and any staff and/contractors, he or she has, or will use the services of a reliable translator; and if translator is not available, the client will bring same to MCIS.

13.   Agreement

The Client(s) may wish to have this agreement reviewed by another legal adviser or RCIC before signing. If the Client(s) wants to proceed on the basis described above, he and his designate will kindly sign a copy of this contract in the space provided and return it to MCIS.  

14.   Refund Policy and no guarantee

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 MCIS and any staff and/contractors.
  • School and Government Fees are not refundable in the event of an application refusal.
 

15.   Force Majeure

MCIS’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.  

16.   Agreement Change Policy

The Client(s) acknowledge that if MCIS 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. It should be noted that the provincial and federal governments might change the regulations and/or legislations without prior notice and should such change affect the application and lead to refusal, MCIS assumes no liability or responsibility.   

17.   Other

  1. In the event Citizenship and Immigration Canada (CIC) or Human Resources Skills and Development Canada (HRSDC) or any other relevant body should contact the Client(s) directly, the Client(s) are instructed to notify MCIS immediately.
  2. The Client(s) shall not, without informing MCIS, contact CIC or other relevant authorities to make inquiries and/or changes to their file. If the Client(s), without MCIS’s written consent, contacts the CIC or any other relevant authority the consequences, if any will be solely the responsibility of the Client(s). MCIS and his staff, if any, will assume no liability.
  3. The Client(s) are to immediately advise MCIS of any change in the marital, family, medical or civil status, and any change of physical address or contact information for any person included in the application.
  4. If the Client(s) are charged and/or convicted of any criminal offence, the Client(s) must immediately inform MCIS.
  5. In the event the Client is unable to contact the Member and has reason to believe the Member may be dead, incapacitated, etc., the Client should contact ICCRC.
  6. The Client(s) understands 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.
  7. In the event of a joint retainer agreement, pursuant to Article 13 of the Code of Professional Ethics, the Clients 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, MCIS cannot continue to act for both or all of the Clients and may have to withdraw completely (Article 13.1.2).
  8. Please note that failure to provide accurate and complete information and/or documentation can cause delay in the preparation of your file and result in need for extra billable hours which will be calculated at $150.00 per billable hour. Failure to provide the most accurate, complete and truthful information and/or documentation can lead to delay or refusal of your application by the relevant administrative body. Please be advised that should your application be refused due to incomplete or incorrect information and/or documentation, MCIS will assume no liability.
  9. If the Client(s) is engaged with another authorized representative, they must terminate their agreement with said representative, or provide MCIS with the representative’s written consent before signing this Retainer.
  10. The covenants in this agreement are separate and severable, and unenforceability of any specific covenant shall not affect the provisions of any other covenant. Moreover, if any court determines that the restrictions as set forth herein are unreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable, and the agreement shall thereby be reformed; and that if any provisions of this agreement are deemed void the other parts and provisions shall remain enforceable.
 

18.   Miscellaneous

  1. 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.
  2. No work will commence on the application until the retainer agreement is signed and the first    payment has been provided to MCIS.
  3. Please be advised that some of the work on your file will be assigned to MCIS’s staff, associates, or contractors.
  4. The Applicant agree to provide MCIS with copies (either in hard copy or electronic) of any and all correspondence received from any Ministry, Agency, Commission, Embassy, or provincial authorities, or the Government of Canada, should they receive these directly. This correspondence must be provided to MCIS within two business days. Furthermore, the Applicant agrees to not respond to any such correspondence without first referring the item to MCIS.
  5. MCIS agrees to maintain full accountable records of all time and expenses of this case. There is a no refund clause on all parts of the associated representative fees as this is applicable to the work completed by MCIS and/or any staff and/contractors and is not a guarantee for success. All attempts to ensure that the desired outcome will be reached; however, some issues that may occur which are beyond MCIS’s control. These would include:
I.            The Application’s refusal due to the Applicant’s (or dependents, if applicable) criminal record or failing to acquire security clearances. II.            The Application’s refusal due to the Immigration, Refugee, and Citizenship Canada or the Provincial officers and/or authority’s decision. III.            The Application’s (or dependents, if applicable) refusal due to health reasons. IV.            The Application’s refused due to misrepresentations found in the application or presented by the Applicant or their dependents at the time of interview or any other subsequent time. V.            The Applicant’s (or their dependents) failure to provide documents requested by the Province, Embassy, Consulate, Commission or Case Processing Centre and/or any other relevant body. VI.            Citizenship and Immigration Canada or the Provincial authority’s introduction of legislative or policy changes to the Immigration Act or Regulations or the Provincial program which would make the application ineligible. VII.            The Applicant’s failure to comply with any conditions imposed by the CIC, provincial authority, CBSA or any other relevant body. VIII.            The Applicant or their family members are deemed inadmissible by the CIC, CBSA or other government authorities. IX.            In cases where the Immigration Authorities request for additional documents and there is a deadline, it is Client’s responsibility to comply. If the application is refused because a deadline is not met, MCIS will not be responsible.  

19.   Validation

By submitting this form, the Client(s) 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. 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;