Terms & Conditions
The following conditions, provisions and terms (“Terms and Conditions”) govern the relationship between the Agent and the Seller.
- DEFINITIONS AND INTERPRETATION
- “Agent” means Private Property List ABN 82 612 381 296
- “Agreement” means the Non Exclusive Selling Agency Agreement and the terms and conditions;
- “GST” means the Goods and Services Tax pursuant to a New Tax System (Goods and Services Tax) Act 1999;
- “Property” means the property identified in the Agreement as the property the Seller authorises the Agent to find a buyer for;
- “Seller” means the person identified in the Agreement;
- “Website” means the website privatepropertylist.com.au.
- Headings are for convenience only and do not form part of these Terms and Conditions.
- Reference to the singular includes the plural and the plural includes the singular.
- MARKETING PACKAGE
2.1 The Seller will choose one of the marketing packages offered by the Agent as set out in the Agreement.
2.2 The Seller will only receive the services and benefits listed under the package that they have chosen.
2.3 If the Seller choses any of the add ons the price for an add on or add ons is in addition to the cost of the marketing package.
2.4 All fees quoted are inclusive of GST.
2.5 The Seller will be responsible for printing their own brochures for the marketing package that they have chosen.
- SELLING FEES AND COMMISSIONS
- The Agent does not charge or require a fee to be paid upon the sale of the property.
- No commission is payable to the Agent upon sale of the property.
- PRIVATE PROPERTY LIST WEBSITE
- Your property will be listed on the Agent’s website at:- privatepropertylist.com.au
- The Seller will be provided with access to the Website in accordance with their marketing package and will be able to edit their advertisement.
- The Agent has copyright in all material on the Website.
- The Seller may enter their own contact details in addition to those of the Agent.
- The Agent reserves the right to remove, in its absolute discretion, any material or photograph from the Website that it deems inappropriate or in breach of these Terms and Conditions.
- The Seller agrees and acknowledges that it will not use the Website for any purpose other than as authorised in the Marketing Package.
- The Seller acknowledges that it will only provide material or photographs to the Agent for inclusion on the Website, or personally add material or photographs to the Website, that is, to the best of its knowledge, accurate and is not misleading or deceptive.
- THIRD PARTY SITES
- The Agent will list the property on realestate.com.au and other third party sites in accordance with the marketing package.
- Access to third party sites is at the absolute discretion of the Agent.
- The seller acknowledges and agrees that the Agent does not warrant or guarantee the continuity of any third party site during the term of the Agreement.
- The Agent may, in its absolute discretion, remove the property from its Website and one or all of the third party websites if the Seller breaches a condition of this Agreement or does not comply with any reasonable request from the Agent.
- TERMS OF PAYMENT
- The total fee for the marketing package and any additional items must be paid in advance.
- The Agent will undertake no work or list the property until such time as the total fee has been paid in full.
- Payment can be made by cash, bank cheque or electronic funds transfer.
- If the Seller wishes to extend the Agreement or have the Agent undertake additional services the Agent will not be required to do so until the Seller has paid any additional fee required to extend the Agreement or for the additional services.
- PREREQUISTES TO LISTING
7.1 The Seller’s property will not be listed on the Private Property List Website or any third party website until the Seller has provided:-
7.1.1 A signed Agreement form;
7.1.2 Payment of the total fee in accordance with clause 6;
7.1.3 Photographs and description of the property;
7.1.4 Photographic identification of the Seller;
7.1.5 A council rates notice showing the details of the Seller and the address of the property.
7.2 The Agent can, at its absolute discretion, require any further additional information before the Seller’s property is listed or waive any of the above requirement.
- PROVISION OF SERVICES
8.1 The Seller agrees and acknowledges that:-
8.1.1 The Agent does not act, represent or negotiate on behalf of the Seller;
8.1.2 The Agent only provides a marketing and listing service on behalf of the Seller.
8.1.3 The Agent does not prepare or provide any contract in the event of the sale of the property. That is the sole responsibility of the Seller.
8.1.4 The Seller is responsible for undertaking and ensuring that all the legal requirements in the Land and Business (Sale and Conveyancing) Act 1994 and the Land and Business (Sale and Conveyancing) Regulations 2010 have been complied with and that there is no obligation upon the Agent to do so.
8.1.5 The Agent does not provide any conveyancing services in the event of the property being sold. The Seller is responsible for the conveyance of the property.
- The Agent may terminate this Agreement if-
- The Seller breaches any of the terms and conditions contained therein.
- The Seller places any inappropriate, misleading or deceptive material on the Website.
- In the event that the Agent terminates the Agreement in accordance with this clause the Seller is not entitled to have any of the fees that it has paid refunded and they are forfeited to the Agent.
- The Seller may request that the Agent remove their property from the Private Property List Website and all third party sites and the Agent will comply with that request within 3 business days. The Seller is not entitled to the refund of any monies paid to the Agent save for any deposit that may be refundable under clause 10.
- FLAG HIRE
- If the Seller decides to opt for the add on of Flag Hire then the Seller must pay the Agent the full fee of $199.00 which includes a deposit of $150.00 before such time as the Flag is sent to the Seller by the Agent (“Flag Hire Deposit”).
- The Flag Hire Deposit will be refundable to the Seller if the Flag is returned to the Agent within 5 business days of the conclusion of Marketing Package Period in good condition, without damage and without any parts missing.
- The safety of the Flag is at all times the responsibility of the Seller and the Seller is to ensure that the Flag is not damaged or stolen whilst in the Sellers possession.
- If the Flag is not returned to the Agent, or returned damaged or with any parts missing, then the Sellers right to refund of the Flag Hire Deposit from the Agent is immediately forfeited.
- If the Flag is returned to the Agent by the Buyer within 5 business days of the conclusion of the Marketing Package in a good condition without any damage or missing parts, the Agent agrees to refund the deposit paid by the Seller to the Agent within five business days.
- LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law:-
11.1.1 The Agent shall not be liable to the Seller or any other person or third party in respect of any consequential or other loss or damage (including loss of profit) arising directly or indirectly from the provision of Services under this Agreement.
11.1.2 The Agent does not warrant the fitness for purpose or suitability of the Services.
11.1.3 The Agent does not warrant that the information contained on its Website or any third party website is accurate or does not contain misleading or deceptive information.
11.1.4 The Agent does not warrant that any third party site used to list the property is fully operational during the period of this Agreement.
- The Agent uses personal information collected from the Seller in order to act as the Seller’s agent and perform their obligations under this Agreement.
- The Seller hereby authorises the Agent to collect, retain, record, use and disclose information about the Seller, in accordance with the Privacy Act 1988 (Cth), to any person, agency, legal entity or organisation so that the Agent can perform its obligations under this Agreement.
- DISPUTE RESOLUTION
- Without prejudice to either party’s rights under any relevant legislation in South Australia, both parties agree that:
- The Agent and the Seller will initially use all reasonable endeavours to resolve a dispute arising under this Agreement within 5 business days of a party being advised by written notice of such a dispute.
- In the event that the parties are unable to resolve the dispute with the timeframe specified in clause 13.1.1. above, the parties may either agree to refer the matter to mediation or some other form of alternative dispute resolution, complaint body or commence legal proceedings.
- To the extent possible, both parties shall continue to comply with their respective obligations under this Agreement whilst the dispute is being addressed by the procedure set out in this clause.
- INTELLECTUAL PROPERTY
- The Seller acknowledges and agrees that:-
- All intellectual property rights including, but not limited to, Company names, business names, domain names, trademarks and logos remain the sole property of the Agent.
- The Seller has a licence to use such intellectual property of the Agent as it may allow by notice to the Seller in writing but only whilst this Agreement remains in effect.
- That copyright in all material provided or created by the Agent in the course of this Agreement remains the sole property of the Agent.
- The Seller will not use any intellectual property or copyright material of the Agent outside the terms of this Agreement.
- This clause remains operative after this Agreement has been terminated or expires.
- APPLICABLE LAW
15.1 This Agreement is governed by the laws of South Australia and the parties submit to the exclusive jurisdiction of the Courts of South Australia.
16.1 If any part of this Agreement is found to be void or not enforceable, that part shall be struck out without affecting or eroding the enforceability or validity of the remained parts and such severance shall not detract from the obligations each party has under the Agreement.
- ENTIRE AGREEMENT
- This Agreement contains the entire Agreement between the Agent and the Seller.
- In entering into this Agreement the parties hereby acknowledge that they have not made any warranties or representations to each other except as incorporated in this Agreement.