AGENT TERMS & CONDITIONS

Updated and effective from 1 December 2016

Definitions
Capitalised terms used in these Terms & Conditions have the following meanings:

Agency
means the holder of a valid real estate licence and each of its Authorised Representatives.
Agent
means the authorised representative of the Agency who registers with Realestateuno whether that individual is the holder of a valid real estate licence or is an employee, officer or sub-contractor of the Agency.
Agreement
means the agreement constituted by these Agent Terms & Conditions.
Appraisal
means a valuation or rental assessment of a property by You including a visit to the property.

Business day
means a day other than a Saturday or Sunday on which banks are open for business generally in Melbourne, Victoria.

Fees
means Service Fees and any other amount payable to the Company under these Terms & Conditions, including without limitation, the other amounts payable specified in clause 4.

Intellectual Property Rights
means all and any patents, patent applications, trademarks, service marks, branding, logo trade names, registered designs, unregistered design rights (including those associated with the Site), copyrights, know how, trade secrets and rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
Lead
means information with respect to any property and/or contact details provided by Realestateuno. Lead further includes any information provided to the Agency by the Client after viewing proposal information on the Site or receiving proposal information from Realestateuno.
Letting Authority
means a signed contract between You and the property owner to lease their property.
List/Listing
means the signing of a Sale Authority, Letting Authority or Property Management Authority.

Mortgage Broker
A person or business who holds a Certificate IV in Finance & Mortgage Broking and meets the minimum education standards for ASIC compliance as set out in RG206 for individuals providing credit services.  

Property Management Authority
means a signed contract between You and the property owner to lease and manage the property.

Service Fee
means an amount determined in accordance with clause 4.1.

Related Entity
means any person, agent or entity which sells, manages or leases a property and is a member of your franchise group, commercial entity or operating under the same brand.

Sales Authority
means a signed contract between You and the property owner to sell their property.

Service
means the provision of Leads by Realestateuno.

Site

means www.realestateuno.com.au or any other website operated by the Company.

Site Terms & Conditions
means the Realestateuno Site Visitor Terms & Conditions published on the Site.

Terms & Conditions
means this document, the Realestateuno Agent Terms & Conditions.

You or Your
means the Agent and/or the Agency, as the context requires.

1. Contracting parties
These Terms & conditions create a legally binding obligation between: Ausrealtors Pty Ltd, trading as Realestateuno; the Agent; and the Agency the Mortgage Brokers and the Brokerage business.
By accepting these Terms & Conditions the Agent: agrees to be bound in a personal capacity; confirms that he/she has the authority to bind the Agency; and agrees to bind the agency in accordance with their authority.

2. Site Terms & Conditions also apply
These Terms & Conditions are supplementary to the Site Terms & Conditions that apply when using the Company’s website which can be viewed on the Site. By accepting these Terms & Conditions, You confirm that You are also bound by the Company’s Site Terms & Conditions. In the event of any inconsistency between these Terms & Conditions and the Site Terms & Conditions, these Terms & Conditions shall prevail.

3. Terms & Conditions are subject to change.
These Terms & Conditions can be changed by the Company at any time without prior notice.
Realestateuno will endeavour to suitably inform You of any material changes to the Terms & Conditions, however it is Your responsibility to check the Site for updates to these Terms & Conditions. Any updates to the Terms & Conditions will apply from the date that the updated Terms & Conditions are placed on the Site. If You continue to use the Site and the Services after this date, You will be deemed to have accepted the updated Terms & Conditions.
If You do not agree to the updated Terms & Conditions You must immediately cease to use the Site and the Services and notify the Company in writing. Upon receipt of such notice by the Company, this Agreement will immediately come to an end.
Any rights to payments already owing, or that would, except for the termination of this Agreement, become owing through the actions of an Agent or a Client, will survive termination of this Agreement.

4. Fees
By accepting these Terms & Conditions, you agree to pay the following Fees:
Service Fees for Real Estate Agents & Real Estate Agency's:
In the case of the sale of a property referred to You by Realestateuno, a sum equal to $750.00 is payable to Realestateuno. The Service Fee is payable to the Company on the earlier of completion or settlement of the sale contract;
In the case of securing a mandate to manage, or the rental of a property referred to You by Realestateuno, one week’s rent payable to the Company on the earlier of:
commencement of the rental period; receipt by You of the rental commission from the property owner; or
signing of the property management authority. For the purposes of this Agreement a property is deemed to have been referred to You by Realestateuno if the Agent, the Agency or any of the Agency's authorised representatives: submit a proposal for that property; or are provided with a Lead for that property; or are contacted by a Client who saw or otherwise received Your proposal on the Site or through the actions of Realestateuno.
A property is deemed to have been referred to You by Realestateuno if the circumstances set out in clause 4.1.1c) are satisfied, regardless of whether:
1. the Lead was originally generated for a sale or a rental;
2. the Client indicates their acceptance of the agency proposal on the Site;
3. the property owner is an existing client of the Agency or a Related Entity, or has made previous enquiries with the Agency or a Related Entity regarding the property, except where You have satisfied clause 4.1.4;
4. the sale or rental is concluded or management secured by another authorised representative of the Agency or a Related Entity;
5. the sale or rental is concluded or management secured by another authorised representative of the Agency, a Related Entity or any third party (including but not limited to property management companies) to whom you referred the Lead;
6. the Agent or authorised representative who accepted the Terms & Conditions on behalf of the Agency no longer works for the Agency;
7. the property owner is someone other than the person registering the property with Realestateuno (for example where a partner of the owner registers the property or where the owner is a company or trust); or
8. regardless of whether other agents or agencies were engaged by the Client prior to You.
Other amounts payable:
Payment terms are seven days from the due date on the invoice – where payment is not made by the due date will accrue interest at a rate of 1.5% per month, pro-rata (or the highest rate permitted by law, whichever is the lesser) from the due date, until payment date.
You agree to reimburse the Company for any costs, expenses, or fees expended by the Company in connection with any collection efforts against You, including reasonable internal and external legal or collection fees.
Failure to notify Realestateuno within 2 business days: of an authority to lease, manage or sell a property in accordance with clause 6.1.5(a); or that a property has been sold or leased in accordance with clause 6.1.5, will incur a property-tracking fee of $200 per failure to notify at listing and successful transaction.

By accepting these Terms & Conditions, you agree to pay the following Fees:
Service Fees for Mortgage Brokers :
In the case of the where finance has been arranged for a  person, business, company or trust is referred to You by Realestateuno, a sum equal to $150.00 is payable to Realestateuno. The Service Fee is payable to the Company on the earlier of completion or financial close or settlement. For the purposes of this Agreement a client is deemed to have been referred to You by Realestateuno if the Broker, or any of the Brokers authorised representatives: submit a proposal for that property; or are provided with a Lead for that property; or are contacted by a Client who saw or otherwise received Your proposal on the Site or through the actions of Realestateuno.
A property is deemed to have been referred to You by Realestateuno if the circumstances set out in clause 4.1.1c) are satisfied, regardless of whether:
1. the Lead was originally generated for a sale or a rental;
2. the Client indicates their acceptance of the agency proposal on the Site;
3. the property owner is an existing client of the Agency or a Related Entity, or has made previous enquiries with the Agency or a Related Entity regarding the property, except where You have satisfied clause 4.1.4;
4. the sale or rental is concluded or management secured by another authorised representative of the Agency or a Related Entity;
5. the sale or rental is concluded or management secured by another authorised representative of the Agency, a Related Entity or any third party (including but not limited to property management companies) to whom you referred the Lead;
6. the Agent or authorised representative who accepted the Terms & Conditions on behalf of the Agency no longer works for the Agency;
7. the property owner is someone other than the person registering the property with Realestateuno (for example where a partner of the owner registers the property or where the owner is a company or trust); or
8. regardless of whether other agents or agencies were engaged by the Client prior to You.
Other amounts payable:
Payment terms are seven days from the due date on the invoice – where payment is not made by the due date will accrue interest at a rate of 1.5% per month, pro-rata (or the highest rate permitted by law, whichever is the lesser) from the due date, until payment date.
You agree to reimburse the Company for any costs, expenses, or fees expended by the Company in connection with any collection efforts against You, including reasonable internal and external legal or collection fees.
Failure to notify Realestateuno within 2 business days: of an authority to lease, manage or sell a property in accordance with clause 6.1.5(a); or that a property has been sold or leased in accordance with clause 6.1.5, will incur a property-tracking fee of $200 per failure to notify at listing and successful transaction.

5. GST
Service Fees and any other amounts quoted in these Terms & Conditions are GST exclusive amounts, with the exception of service fee for rentals which are GST inclusive. Terms used in this clause 4.1.3 have the same meaning as those terms in A New Tax System (Goods and Services Tax) Act 1999.
A party must pay GST on a Taxable Supply made to it under this Agreement. It must do so at the same time and in the same manner as it is required to pay the consideration for the Taxable Supply to which the GST relates.
A party making a Taxable Supply to another party under this Agreement must issue a tax invoice in the format required by law to the other party for the Taxable Supply. The tax invoice must set out the amount of the GST payable by that other party. The tax invoice must be issued at the same time as the consideration for the Taxable Supply is due.
Each party must do anything reasonable to assist the other party to comply with its GST obligations in relation to this Agreement.
The Company will accept a Contractual or formal written appraisal as a basis to not charge a Service Fee if You: notify the Company, no later than 1 week following the provision of the lead, setting out the grounds on which You claim a: Contractual Relationship - a sales or lease authority valid at the time of referral; or Formal written appraisal conducted within 60 days prior to receiving the property details.
The Service Fee is applicable in all other circumstances, for example:
• A fee is payable if you visited the property for an appraisal more than 60 days ago;
• A fee is payable if you sold the property to the vendor 2 years ago and have been in correspondence since;
• A fee is payable if you sold a property in their street and met them at the home open;
• A fee is payable if you went to school with the vendor/landlord;
A fee is payable if you've targeted their property in the past with letterbox flyers or other marketing efforts.
Acceptable grounds and associated evidence is required to waive any fees - Realestateuno require:
A written Appraisal within the 60 days prior to the provision of the Lead evidenced with a Listing sheet or appraisal notes, written during the visit, outlining specific characteristics of the property, including evidence of the date, or a current, signed property management authority dated earlier than the provision of the Lead, or a current, signed sales authority dated earlier than the provision of the Lead.

We reserve the right to request some or all of the additional following evidence to confirm the validity of information: Screen image of an email communication between You, and the Client referencing the appraisal appointment or valuation; a Record of an Appraisal appointment from Customer Relationship Management software. The date stamp against the entry in the client record must not be manually generated; phone record showing calls between the Agency, and the Client; or screen image of an internal email communication referencing the date, the property address and the Appraisal. If Realestateuno suspects any provided evidence is not genuine, it may be rejected, or a supplementary statutory declaration may be required.

6. Rebates to Sellers by Realestateuno.
Realestateuno will at times promote and offer to repay the upfront submission fee of up to $20 and rebate back to the seller a up to $100 of the service fee paid by the Agent to Realestateuno. These fees will only be paid in the following circumstances -; that the Agent and or the Agency who sold your property has paid Realesateuno the full fee of $750 plus GST within 14 days of settlement, that you make a claim to Realestateuno by emailing admin@realesateuno.com.au stating the following; date of sale, address of property sold, the name and mobile number of the Real Estate Agent, the name and address of the real estate agency and provide a copy of the Authority to Sell your property within 5 working days of settlement of the sale. Payment will be made to you within 30 days of receipt of payment from the Agent or the Agency of our fee of $750 plus GST.

7. Provision of Service and grant of licences.
Subject to these Terms & Conditions and in consideration of the payment of Fees when due, the Company agrees to provide the Service to You for use in connection with the marketing and provision of real estate services to property owners. In order to use the Company’s Service and systems, You must conform to quality standards and other guidelines which may be specified or communicated on the Site from time-to-time. You may not use the Company’s Service except as expressly stated in these Terms & Conditions.
Once You have completed your agency proposal template, we will provide an agency proposal based on Your template to Realestateuno Clients who match Your stipulated requirements, subject to Clause 4.7, as well as some further Clients who we believe you would like to engage, unless You ask us to stop doing so in writing. Realestateuno will choose Clients to whom Your proposal will be shared using information that includes, but is not limited to transaction type such as sale or letting, property location and estimated property valuation. In the event that You no longer wish Your agency proposal to be shared with clients, You must notify the Company in writing. Such notification does not remove Your liability to pay Fees in respect of Property Details provided prior to the date of notification. Email notification will be accepted on confirmation of receipt by Realestateuno.

The Company is under no obligation to submit any agency proposal to any Clients. Some things that the Company may take into account when deciding to submit Your agency proposal to Clients are, but are not limited to: the amount of time since You or any representative of the Agency has had contact with the Website or Company; the outcome of Your previous agency proposals; and any other factors considered relevant in our sole discretion.

You must not do anything to contest or impair any of the Company's rights in the Site or its systems or any other Intellectual Property Rights belonging to the company, and may not create or use any composite mark containing a trademark of the Company or any mark substantially identical with or deceptively similar to a trade mark of the Company, without the prior written consent of the Company.

You acknowledge and agree that the Company retains all rights over the Site, systems and the Company’s Intellectual Property Rights and that all use is for the benefit of the Company and any goodwill arising from use accrues for the benefit of the Company. No right title or interest (except as set out in these Terms & Conditions) is transferred to You by these Terms & Conditions.

Upon registering as an Agent/Agency on the Site, You are required to provide the Company with Your company logo and photograph (Materials) for the purpose of promotional display on the Site and any related websites owned or operated by the Company from time to time. You agree that the Materials may be displayed on the Site or a related site for this purpose and grant the Company a non-exclusive, royalty-free and irrevocable licence to use the Materials for this purpose for as long as You receive Services from the Company.

Each of the Agent and the Agency warrants that:
it owns the Materials; or is entitled to licence the Materials on the terms set out in clause 4.10 above; and
it has full capacity to deal with the Materials.

8. Agent and Agency responsibilities
The Agent agrees to disclose these Terms & Conditions and the fact that he or she has entered into this Agreement to the Agency and any other authorised representatives of the Agency using, or likely to use the Service; provide accurate details to the Company for inclusion on the Site including, but not limited to, the Agent’s name, contact details, including: the Agency's telephone number; Agent’s mobile phone number and applicable email address; and any other information reasonably required by the Company from time to time, as well as to keep this information up to date; undertake his or her own evaluation of Leads;
promptly consider and respond to any Leads in good faith; promptly, and in any event within no later than 2 business days, advise Realestateuno in writing: upon signing an authority to manage a property, or list a property for sale or rent with a property owner referred to You by Realestateuno; upon signing a contract of sale or lease agreement with respect to a property referred to you by Realestateuno, including sale price and expected completion date in the case of a sale, and weekly rental and lease commencement date in the case of a rental; if relevant, when a contract of sale becomes unconditional; and if applicable, of the early payment of any commission due to the Agent or Agency pay Realestateuno the Fees.

The Agency agrees to: honour any offers made by the Agent; within 2 business days, notify the Company if the Agent leaves the Agency and provide details of a replacement authorised representative; pay the Fees in the event that the Agent does not for whatever reason (for example, where the Agent ceases to be employed by the Agency); disclose these Terms & Conditions and the fact that it has entered into this Agreement to any other authorised representative of the Agency using, or likely to use the Service:
when the agent, or related entities changes to another agent or entity we require written communication within seven days to the Company address; failure to adhere to 6.2.5 the agent or related entities accept liability for any service fees past, present or in the future until received.

 

8a. Broker and Mortgage Broker responsibilities
The Mortgage Broker agrees to disclose these Terms & Conditions and the fact that he or she has entered into this Agreement to the Mortgage Broker and any other authorised representatives of the Mortgage Broker using, or likely to use the Service; provide accurate details to the Company for inclusion on the Site including, but not limited to, the Mortgage Broker name, contact details, including: the Mortgage Broker telephone number; Mortgage Broker mobile phone number and applicable email address; and any other information reasonably required by the Company from time to time, as well as to keep this information up to date; undertake his or her own evaluation of Leads;
promptly consider and respond to any Leads in good faith; promptly, and in any event within no later than 2 business days, advise Realestateuno in writing: upon organising finance to person or business owner referred to You by Realestateuno; upon signing the loan documents provided by the financier .

The Mortgage Broker agrees to: honour any offers made by the Mortgage Broker within 2 business days, notify the Company if the Mortgage Broker leaves the Mortgage Broking business and provide details of a replacement authorised representative; pay the Fees in the event that the Mortgage Broker does not for whatever reason (for example, where the Mortgage Broker ceases to be employed by the business disclose these Terms & Conditions and the fact that it has entered into this Agreement to any other authorised representative of the Mortgage Broker using, or likely to use the Service:
when the Mortgage Broker or related entities changes to another agent or entity we require written communication within seven days to the Company address; failure to adhere to 6.2.5 the agent or related entities accept liability for any service fees past, present or in the future until received.

9. The Company's responsibilities
The Company will: subject to clause 11.1.2, use its reasonable endeavours to maintain access to the Site to enable access by You; and update Your details when You provide us with new information or as otherwise requested by You.

The Company does not independently verify the information provided by property owners or other Site users and accepts no responsibility arising from any incorrect information provided to You by the Company or otherwise obtained by You from the Site. You acknowledge that the Company is under no obligation to provide Leads to You and that any Leads will be provided on a non-exclusive basis.You acknowledge that the Company is under no obligation to provide Your agency information to any Client.

10. Suspension and termination
In the event Fees are not paid in full when due, for any reason or in the absolute discretion of the Company, the Agent or Agency has not complied with these Terms & Conditions, the Company may suspend all or any portion of the Service provided to you until such time as all Fees have been paid and/or, in the opinion of the Company, the non-compliance has been rectified. In the event of suspension of the Service for non-payment of Fees, any re-instatement of the Service by the Company may be conditional upon satisfactory assurance of Your ability to pay for the Service. Suspension of the Service shall not relieve You of the liability to pay any Fees. Any party may terminate this Agreement by giving the other parties 30 days written notice. Termination of this Agreement shall not relieve You of the liability to pay any Fees. In the event that the Company (in its absolute discretion) determines that You have failed to: pay Fees when due; or comply with these Terms & Conditions, then, without prejudice to its rights under clause 8.1, the Company may terminate this Agreement immediately and the Agent, the Agency and any Related Entities will no longer be entitled to receive the Service (or any similar services) from the Company or register as an Agent on the Site unless notified otherwise by the Company.

11. Warranties
The Mortgage Broker & Agent represents, warrants and undertakes to the Company that it is authorised to act on behalf of the Mortgage Broker & Agency. The Mortgage Broker & Agency represents, warrants and undertakes to the Company that it holds to the extent necessary a valid real estate licence. The Mortgage Broker & Agent and the Mortgage Broking firm & Agency each represent, warrant and undertake to the Company that:
they will not infringe any third party's Intellectual Property Rights;
they will not expressly state or imply any relationship or affiliation with the Company or endorsement by the Company except as expressly permitted by these Terms & Conditions; and
they will not do anything that has, or is likely to have (either directly or indirectly), the effect of defaming, disparaging or adversely affecting the integrity or reputation of the Company, including by directly or indirectly placing or allowing the placement of offending content on the Site.

Further Warranties
The   Mortgage Broker& Agent and Mortgage Broker & Agency each acknowledge and agree that they are jointly and severally responsible for the information, data and other content (including the Materials) they provide to the Company for inclusion on the Site and the Company is entitled to operate on the assumption that the information it receives is accurate and current in all respects and that they have the necessary rights of or authority from any third party with a proprietary interest in the information to deal with this information and provide it.

12. Company
The Agent and Agency will continually indemnify the Company against any claim or proceeding that is made, threatened or commenced, and against any liability, loss, damage, cost or expense (including reasonable legal costs on a full indemnity basis) that the Company incurs or suffers as a result of: any claims brought by or on behalf of any third party relating to information or content (including the Materials) provided to the Company by the Agent or Agency (including claims in respect of misleading or deceptive conduct or infringement of any third party’s Intellectual Property Rights); or any wilful, unlawful or negligent act or omission by the Agent, Agency or the employees, agents, authorised representatives and subcontractors of the Agency.

13. Disclaimer of warranties and limitation of Liability
You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties; the Company does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components; and the Company may change any of the material on the Site at any time without notice. To the maximum extent permitted by law, the company will not be liable to the Agent, Agency, any related bodies corporate, affiliates, Related Entity or any employees, authorised representatives, agents or subcontractors of the same for any direct, indirect, incidental, consequential (including among other things loss of revenue or profits, loss of data, third party claims or loss of good will), punitive or exemplary damages of any kind (whether based on breach of contract, tort (including negligence), strict liability or otherwise) incurred by the Agent or Agency in connection with this Agreement, even if the Agent or Agency has been advised that such damages are possible.

Where the laws of any country or state in which these Terms & Conditions are effective implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying the application of the term, condition or warranty, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of the Company, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which the Agent or Agency may sustain shall be limited, at the option of the Company, to the resupply of the Services again, or the payment of the cost of having the Service resupplied.

14. Miscellaneous
Independent contractors. The Company is an independent contractor. The Company does not have the right to act as Your agent, representative or partner and neither the Agent nor the Agency has the right to act as an agent, representative or partner of the Company. This Agreement must not be construed to create an association, agency, joint venture or partnership between the Company and the Agent or Agency.

15. Waivers.
A right created by this Agreement can only be waived if the waiver is in writing and signed by the party entitled to that right. Delay by a party in exercising a right does not amount to a waiver, and a written waiver will not operate as a subsequent waiver of the same right or of any other right of that party. Assignment. Neither the Agent nor the Agency may assign, sub-licence or transfer (or attempt to assign, sub-licence or transfer) its rights or obligations under this Agreement (including the right to receive the Service) to any other party (including a Related Entity) without the prior written consent of the Company. Any assignment or sub-licence without the prior written consent of the Company shall be null and void. This Agreement may be assigned by the Company without the consent of the Agent or the Agency.

16. Enforceability.
Each provision of this Agreement is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this Agreement will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

17. Disputes.
In the event of a dispute between the parties arising in connection with this Agreement, each party must nominate an officer of equivalent seniority who must meet in good faith to resolve the dispute. If they cannot resolve the dispute within 14 days, the Agency’s chief executive officer (or equivalent) and an officer of equivalent seniority from the Company must meet in good faith to resolve the dispute. If the dispute is not resolved within a further 14 days, either party may take any action it deems appropriate. Governing law. This Agreement is governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there without regard to the principles of conflicts of law.

18. Entire agreement.
This Agreement and the Site Ts & Cs contain everything the parties have agreed to in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this Agreement was executed. Joint and individual liability and benefits. Except as otherwise set out in this Agreement, any covenant, agreement, representation or warranty under this Agreement by two or more persons binds them jointly and each of them individually, and any benefit in favour of two or more persons is for the benefit of them jointly and each of them individually.

 

19. Email, Marketing & Subscribing

By providing your name and email address through any contact form on the Realestateuno.com.au website you agree that you acknowledge and agree that from time to time that you will be marketed to by Realestateuno. In the event that you do not wish to be marketed to any further you will unsubscribe.

 

Survival
This clause and the following clauses survive termination of this Agreement for a period of 2 years:
Clause 3.4
Clause 4
Clause 6, except for 6.1.2, 6.1.3 and 6.1.4
Clause 9
Clause 10
Clause 11
Clause 12
*** End of Terms & Co *********** End***********