HomeTerms & Conditions

Terms & Conditions

OPERATIVE PROVISIONS

  1. Agreement Term
    The term of this Agreement shall continue to exist till the Sales Agent continues their subscription (the “Term”) and/or until termination, or the renewal date of each Sales Agent Term.
  2. Purpose
    This Agreement is solely for the purposes of Migration/Visa Consultancy Services and/or any further services as advised by IBA
  3. Payment by Sales Agent
    1. The Sales Agent will pay IBA Set-Up Fees per the IBA Website at the time of applying/subscribing. IBA shall provide the following Set up, Creating, Configuring the IT Infrastructure Software and Support like:
      • Microsite
      • Website Hosting cPanel
      • Website Form Integration
      • Website Payment Gateway Integration
      • Sales CRM (if applicable)
      • Migration Support
      • Business Email (if applicable)
    2. Access to Images, Advertising and Marketing Activities and Materials
    3. The Sales Agent acknowledges that the One-Time Set-Up Fee is non-refundable.
    4. The Sales Agent pays IBA the Subscription and License Fees yearly as shown in the table on the website, to keep the subscription and business going. Failure to pay the subscription Fees on or before the due date, then IBA at its discretion will cancel the Sales Agent subscription and the Sales Agency License. Upon terminating/cancellation of the subscription, the Sales Agent acknowledges and agrees that any pending commission to them will also cease from the month the subscription is cancelled. The Sales Agent acknowledges that the Subscription and License Fees are non-refundable. The Fees are subject to review and change at any time in the absolute discretion of IBA but will not affect the existing subscribers.
  4. Revenue Share – Commission Structure – Service Fees and Commissions Payable
    1. IBA shall be responsible to remit to the Sales Agent a percentage of the signed Client Contract (the “Client Contract”) by FBP, that is received from the client. The Sales Agent will be paid a commission of  25% (twenty-five percent) of the net revenue (if and after any outgoings) on Advanced Professional and Business Prime packages, for all Migration/Visa Consultancy Services and/or any further services generated from its client sales as per the “Client Contract by way of Electronic Funds Transfer. The commissions paid to the Sales Agent is subject to the amount being received from the “Client Contract”, and only after its cleared in the nominated legal account and upon approval of the Lawyer and/or Registered Agent, willing to take on the Sales Agent client’s application.
    2. All client payments for the Services offered by and through the Sales Agent must only be paid directly to the authorized account(s) nominated by IBA. Cash payment from clients for the Services offered by the Sales Agent is an unacceptable mode of payment.
    3. FBP will be directly taking care of all the documentation and lodgment needs of the Sales Agent’s Signed Clients and will allocate dedicated point of contact for the Sales Agent and their clients.
    4. Disbursement of commission to the Sales Agent shall be made monthly. The Sales Agent will provide an invoice to IBA Partner, by the 3rd day of each calendar month for their sales done of the previous month. The Sales Agents are responsible to send their due invoices in pdf format to IBA in their respective whats app groups. The Sales Agent commissions will be disbursed in the first half of the second month following the signup(s).
      For Example, The Sales Agent signs up a client in January. The Sales Agent produces an Invoice to IBA for that client no later than 3rd Feb. IBA will provide the disbursements to the Sales Agent on or before 10th of March.
      Note: IBA needs to require such cooling off period for a month just not to face any issues from the signed client..
    5. Disbursement of commission shall be made on Signed Client Contracts, whose applications are accepted by nominated Lawyers/authority and as per the payment received from the Signed Clients as per the Schedule of Fees of the Signed Client Contract which is issued, validated, signed, and supplied by IBA for the Sales Agent.
    6. The Sales Agent understands and agrees that they will only receive their said commission as per the client contract and is not entitled or will claim for any other commissions, after the client has paid their fees and submitted to IBA for documentation and lodgment.
  5. Duties of the Sales Agent
    1. The Sales Agent will report to IBA on a calendar month basis a set of business and marketing plans and revenue projections.
    2. The Sales Agent will solely bear and absorb all costs in relation to, Advertisements and Marketing of all kinds, dedicated Phone lines and fast Internet connection dedicated to this business.
    3. The Sales Agent will provide to the best of its capacities, on behalf of IBA and its associates, the following services:
      1. Marketing, generating leads and consulting the prospective client on all and any new services introduced by IBA, getting them to sign up the client and sending the documentation as below to IBA:
        • Payment receipt of the client
        • Resume of the client
        • Points test as agreed with client
        • Passport Copy of the client
      2. The sales agent agrees to send the above documentation in one email to IBA associates within 2days of the client paying their fees.
      3. The Sales Agent shall not engage with any commercial contractual agreements with the clients separately without the knowledge of IBA and/or its associates. Once the Sales Agent’s client does the payment to IBA, IBA authorized associates will sign the contract with the client and take over the documentation and lodgment from there on.
    4. All client payments are paid online by credit card directly to the respected lawyer’s account. The Sales Agent is not permitted to receive any monetary payment in cash or in any other company name, from the client.
  6. Services Provided by IBA
    1. Usage of logos, as per verbiage and terminology, designs and content only after approved by FBP Team.
    2. Migration technical strategies and visa pathways orientation presentation
    3. Access to Advertising/Marketing Plan Strategy & Templates, Corporate stationary designs and promotional and client testimonial videos.
    4. Setting up, Creating, Configuring the IT Infrastructure Software and Support.
    5. Documentation and Lodgments: IBA authorized associates will be responsible for all documentation and lodgments of all Signed Client applications.
  7. Public Disclosure and Confidentiality
    1. Public Disclosure
      Each party agrees that no press release or public announcement relating to the existence or terms of this Agreement (including within the context of a trade press or other interview or advertisement in any media) shall be issued without the express prior written approval of the other party hereto.
    2. Confidential Information
      • This Agreement and all other information disclosed by IBA and the Sales Agent to each other is confidential and IBA and the Sales Agent will ensure that all information remains confidential, except that IBA and the Sales Agent may make disclosure to their relevant advisors or as otherwise required by the law.
      • The Intellectual Property of IBA and the Sales Agent prior to entering into this Agreement will remain IBA’s property and will be kept confidential by IBA and the Sales Agent from any disclosure to any other person or corporation in any form whatsoever during this Agreement unless with the prior written consent from the disclosing party. Intellectual Property rights includes, but is not limited to; copyright, trademark, design, patent, semiconductor or circuit board layout rights, trade, business or company names, know-how or other form of confidential information or other proprietary rights, or any rights to registration of such rights where such rights are created specifically in performance of the services and irrespective of whether such rights are created in the Australia, United Arab Emirates or elsewhere.
      • IBA and the Sales Agent acknowledge that the Confidential Information is solely and exclusively the property of the disclosing party. Except as authorized or required by this Agreement, the receiving party shall not use or disclose, to any person or persons or company any Confidential Information, which it obtains or learns during the term of this Agreement. The restrictions contained under this clause shall continue to apply after the termination of this Agreement and/or all future agreements but shall cease to apply to information contained in the public domain.
      • IBA and the Sales Agent agree to retain all said information as confidential and not to use said Information on its own behalf or disclose to any third party. IBA and the Sales Agent also agree to exercise reasonable security measures to prevent accidental disclosure.
      • The duties and obligations of IBA and the Sales Agent to maintain the confidentiality of the Confidential Information shall last indefinitely, regardless of any other term of this Agreement.
  8. No Right To Use Names
    Neither the Sales Agent nor Location(s), shall acquire any right to use the names, nor shall use any copyrights, trademarks, characters, or designs owned or controlled by IBA or any of its associates and/or Affiliates, including but not limited to:<
    Names(s)

    IBA Partner, IBA Partner(s), IBA, FBP International, FBP, Australian Migration and

    Settlement Experts and/or anything related to the same even in Future

    Logo(s)FBP International, IBA Partner
    Website(s)www.ibapartner.com I www.fbpintl.com

    alone or in conjunction with other words or names, in any advertising, publicity or promotion, either express or implied, without express written approval from IBA every time, via email or wats app, in each case, and in no case shall any Sales Agent or Location advertising, publicity, or promotion, express or imply any endorsement of the same.

  9. Documents
    All documents of any kind furnished pursuant or relating to the business opportunities, IBA and its networks and discussions shall remain the property of IBA. The Sales Agent shall return all documents and all copies to IBA upon written request. The Sales Agent will keep all such documents and copies secure and control access to them, while they are in its possession or control.
  10. Non-Circumvention
    1. During the term of this Agreement, all future agreements and after the expiry of all future agreements notwithstanding the cause or reason for the expiry, the Sales Agent agrees not to directly or indirectly contact, deal with, transact, or otherwise be involved with any corporation, partnership, proprietorships, trust, individuals, or any other entities introduced by IBA without prior written consent from IBA.
    2. During the term of this Agreement, all future agreements and after the expiry of all future agreements, notwithstanding the cause or reason for the expiry, the Sales Agent agrees not to either directly or indirectly, on its own behalf or in the service or on behalf of others, solicit, or attempt to solicit, induce, recruit, encourage or otherwise endeavor to cause or attempt to cause:
      • Any employee, contractor or consultant of IBA;
      • Any person or entity whose project was serviced by IBA;
      • Any person or entity who is or has been a client of that Company prior or during the term of this Agreement;
      • Any person or entity that IBA has targeted and contacted for the purpose of establishing a client-relationship; and
      • To terminate or reduce its relationship with IBA.
    3. If the Sales Agent is contacted by any person or entity that has an existing relationship with IBA, the Sales Agent will refer the person or entity back to IBA and provide written notice to IBA of the contact.
  11. Non-Competition
    1. For good and valuable consideration, the receipt of which is hereby acknowledged, the Sales Agent agrees not to compete with the business of IBA and/or it’s associates directly or indirectly and its successors.
    2. The Sales Agent shall not own, manage, operate, consult, or be employed in a business substantially like, or competitive with, the present business of IBA or such other business activity in which IBA may substantially engage during the term of this Agreement and future agreements. This clause shall be in full force and effect during the period of this Agreement and for 1 (one) year following the termination of this Agreement, notwithstanding the cause or reason for termination.
  12. Company’s Representations and Warranties
    IBA represents and warrants that:
    1. It is a corporation organised and existing under the laws of Dubai, UAE, and under the laws of Australia.
    2. The execution, delivery and performance of this Agreement does not and will not, violate any provisions of Australia articles or certificates of incorporation and bylaws, or any contract or other Agreement to which IBA is a party.
    3. There is no broker, finder or intermediary involved in connection with the negotiations and discussions incident to the execution of this Agreement, and no broker, finder, agent, or intermediary who might be entitled to a fee, commission, or any other payment upon the consummation of the transactions contemplated by this Agreement; and
    4. This Agreement has been duly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, or other similar laws now or hereinafter in effect, affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.
  13. Sales Agent’s Representations And Warranties
    The Sales Agent represents and warrants that:
    1. There is no broker, finder or intermediary involved in connection with the negotiations and discussions incident to the execution of this Agreement, and no broker, finder, agent or intermediary who might be entitled to a fee, commission or any other payment upon the consummation of the transactions contemplated by this Agreement.
    2. This Agreement has been duly executed and delivered and constitutes the legal, valid and binding obligation of Sales Agent enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereinafter in effect, affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law; and
    3. The execution, delivery and performance of this Agreement does not, and will not, violate any provisions of the Sales Agent’s counties’ articles or certificates of incorporation and bylaws, or any contract or other Agreement to which the Sales Agent is a party.
    4. The Sales Agent is liable to immediately notify IBA if / when there is any change of ownership / partnership / share control within its Business to further execute this agreement and will be subject to IBA’s agreement on same.(if applicable)
  14. Force Majeure
    The duties and obligations of the parties hereunder may be suspended upon the occurrence and continuation of any “Event of Force Majeure” which inhibits or prevents performance hereunder, and for a reasonable start-up period thereafter. An “Event of Force Majeure” shall mean any act, cause, contingency or circumstance beyond the reasonable control of such party (whether or not reasonably foreseeable), including, without limitation, to the extent beyond the reasonable control of such party, any governmental action, nationalization, expropriation, confiscation, seizure, allocation, embargo, prohibition of import or export of goods or products, regulation, order or restriction (whether foreign, federal or state), war (whether or not declared), civil commotion, disobedience or unrest, insurrection, public strike, riot or revolution, lack or shortage of, or inability to obtain, any labor, machinery, materials, fuel, supplies or equipment from normal sources of supply, strike, work stoppage or slowdown, lockout or other labor dispute, fire, flood, earthquake, drought or other natural calamity, weather or damage or destruction to plants and/or equipment, commandeering of vessels or other carriers resulting from acts of God, or any other accident, condition, cause, contingency or circumstances including (without limitation, acts of God). Neither party shall, in any manner whatsoever, be liable or otherwise responsible for any delay or default in, or failure of, performance resulting from or arising out of or in connection with any Event of Force Majeure and no such delay, default in, or failure of, performance shall constitute a breach by either party hereunder. As soon as reasonably possible following the occurrence of an Event of Force Majeure, the affected party shall notify the other party, in writing, as to the date and nature of such Event of Force Majeure and the effects of same.
  15. Indemnification
    Each party (the “Indemnifying Party”) shall indemnify and hold the other party and its Affiliates and their respective employees, officers, Sales Agent, attorneys, stockholders and directors, and their respective permitted successors, licensees and assigns (the “Indemnified Party(ies)”) harmless from and against (and shall pay as incurred) any and all claims, proceedings, actions, damages, costs, expenses and other liabilities and losses (whether under a theory of strict liability, or otherwise) of whatsoever kind or nature (“Claim(s)”) incurred by, or threatened, imposed or filed against, any Indemnified Party (including, without limitation, (a) actual and reasonable costs of defense, which shall include without limitation court costs and reasonable attorney and other reasonable expert and reasonable third party fees; and (b) to the extent permitted by Law, any fines, penalties and forfeitures) in connection with any proceedings against an Indemnified Party caused by any breach (or, with respect to third party claims only, alleged breach) by the Indemnifying Party of any representation, term, warranty or agreement hereunder. Neither party shall settle, compromise or consent to the entry of any judgment in or otherwise seek to terminate any pending or threatened Claim in respect of which the Indemnified Party is entitled to indemnification hereunder (whether or not the Indemnified Party is a party thereto), without the prior written consent of the other party hereto; provided, however, that the Indemnifying Party shall be entitled to settle any claim without the written consent of the Indemnified Party so long as such settlement only involves the payment of money by the Indemnifying Party and in no way affects any rights of the Indemnified Party.
  16. Remedies
    No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and except as otherwise expressly provided for herein, each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise and no provision hereof shall be construed so as to limit any party’s available remedies in the event of a breach by the other Party hereto. The election of any one or more of such remedies by any of the parties hereto shall not constitute a waiver by such party of the right to pursue any other available remedies.
  17. Conflict of Interest
    The Sales Agent warrants that before entering into this Agreement it has disclosed to IBA all past, current and anticipated interests of the Sales Agent, which may conflict with or restrict the Sales Agent in performing the services fairly and independently.
  18. Term and Termination
    This Agreement shall continue to be in existence until terminated. For any other reasons, This Agreement can be terminated by either party, by either terminating and/or cancellation of the subscription. Once the agreement is terminated, the Sales Agent will have no right to represent IBA in any form or manner and will hand over all IBA and its associates credentials and marketing activities back to IBA in good faith. IBA will have all right to cease all marketing and promotional materials including but not limited to CRM access, websites, forms, payment gateway facilities, pending commissions etc. Upon terminating/cancellation of the subscription, the Sales Agent acknowledges and agrees that any pending commission to them will also cease from the month the subscription is cancelled.
  19. Defamation
    It is agreed to the extent permissible by law, that the Sales Agent will not defame, disparage, or make false or deceptive allegations against IBA, its associations and/or its nominees, whether to the press, employees, clients, investors or otherwise.
  20. Definitions
    1. “Affiliate” or “Associate” shall mean an entity in which either party has a controlling interest.
    2. “Sales Agent ” shall mean all IBA’s Sales Agents, which the Sales Agent informs IBA is agencies and/or branches.
    3. “Laws” shall mean all international, federal, national, state, provincial, municipal, or other laws, ordinances, orders, statutes, rules or regulations.
    4. “Location” shall mean any Sales Agent Location(s) which, at any time during the Term of this Agreement is wholly/partly owned and/or operated by the Sales Agent, whether such Location is operated under the Sales Agents’ trademarks.
    5. “Revenue Sharing Period” shall mean the period commencing from the time you start the subscription and running through until the subscription is terminated and the end of this Agreement.
    6. “Signed Client” shall mean those cases where the Client Contract related to migration is signed by both the client and an authorised party of IBA (for example, the Management of IBA) and the client has made full payment of their applicable instalment and the full amount is received by IBA.
  21. Severability
    If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in force.
  22. Notices
    All notices shall be in writing and sent by electronic means such as email.
  23. Governing Law
    This Agreement shall be governed by and construed under the jurisdiction of either or both the laws of Australia and/or the laws of the United Arab Emirates, incase of any breech of unethical practice with IBA associate FBP International. The Sales Agent hereby consents to and submits to the jurisdiction of IBA and any action or suit under this Agreement may be brought in any Court with appropriate jurisdiction over the subject matter established.

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