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THIS AGREEMENT IS MADE BETWEEN ALL HOMES PTY LTD ACN 093 012 652 ("All Homes") and ("you"):
1. Subject to the terms of this agreement, All Homes agrees to publish on allhomes.com.au your advertising information and provide you with access to the Property Alert System and the Agent Portal.
2. You agree to keep the terms of this agreement confidential, and you agree to not pass on any All Homes login or password information to any third parties not directly associated with your agency or All Homes.
Advertisements and data
3. Unless All Homes agrees otherwise, the advertising information about each property will include a full street address, at least one photograph, and a description of the property.
4. You agree to only list 1 property per All Homes listing
5. All Homes may remove or alter any advertising information if you are in breach of any provision of this agreement, or if All Homes considers you are no longer the agent for a property, or if information provided is obscene, defamatory, offensive, contrary to law, or unnecessary to properly advertising the property.
6. You agree to advertise all your For Sale and For Lease listings on allhomes.com.au (except where you provide your client's instructions in writing that the property is not to be advertised on allhomes.com.au).
7. You agree to provide in respect of your advertised properties:
- (a) on the day of exchange of sale contract (including sales by auction), the address of the property, the date of sale and sale price; or
- (b) at the time of execution of a lease agreement, the address of the lease, and amount payable and you agree to ensure that all information provided under this clause is kept up to date, and is corrected if it is incorrect or the details change (including the status of the property as sold or leased (“data”).
8. You irrevocably license All Homes to use the data to compile, maintain and publish a database. The licence continues after termination of this agreement and is assignable by All Homes.
9. You agree to pay All Homes the Gold Member Rate for each individual advertisement of a property, and for each category in which the advertisement is placed. The Gold Member Rate varies depending on the location or type of the property, or any other feature of the property specified by All Homes, and is published in a schedule which is available through the Agent Portal ("Schedule"). The Schedule is also available in hard copy, and you may view it before entering into this agreement. An All Homes representative will permit you to view the Schedule on request.
10. You warrant and acknowledge that you have viewed the Schedule before entering into this agreement, or, if you have not viewed it before entering into this agreement, you have been given the option of viewing the Schedule before entering into this agreement and have decided not to exercise that option.
11. The parties acknowledge the following, for context:
- (a) At the date of this agreement, the Gold Member Rate is $0 for properties located anywhere other than the ACT and South-Eastern NSW.
- (b) All Homes may from time to time and on 14 days’ notice alter the Schedule (and therefore change the Gold Member Rate payable for properties in particular locations).
- (c) Without limitation to your right in clause 15, if All Homes alters the schedule to introduce or increase a charge, you may exercise your right in clause 15 to terminate this agreement on 14 days’ notice.
12. You will comply with privacy legislation and with the Competition and Consumer Act 2010 (Cth). You will advise each of your clients of All Homes’ telephone number and that the client’s personal information can be accessed by contacting All Homes. You will ensure the client consents to:
- (a) the advertisement of the client’s property on allhomes.com.au and any other real estate advertising websites owned or controlled by All Homes;
- (b) the use of the sales and rental data to compile, maintain and publish a historic sales and rental database;
- (c) the provision of personal information to All Homes and its subcontractors to provide services to you; and
- (d) the provision of personal information to All Homes for All Homes’ use to direct market to the client (unless the client opts out of direct marketing).
13. If your business ceases to operate or changes details (e.g., owners, agency name, or licence details) you must notify All Homes within 48 hours of the changes coming into effect.
14. Without limitation to any other rights, All Homes may:
- (a) terminate this agreement at will and for any reason on one month’s notice, and you will remain liable for services rendered by All Homes prior to termination;
- (b) without limiting clause 14(a), immediately terminate this agreement and remove your advertisements from allhomes.com.au if you fail to remedy a breach of any of clauses, 2, 4, 6, 7, 9, and 12 (all of which are essential conditions) within 7 days of notice to do so; and
- (c) alter any fee or any other term of this agreement by giving one month’s notice in writing.
15. You may terminate this agreement at will and on 14 days’ notice, and you will remain liable for services rendered by All Homes prior to termination.
16. To the extent permitted by law, All Homes shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods of services supplied pursuant to this agreement or in respect of a failure or omission on the part of All Homes to comply with its obligations under this agreement. Where a term is implied by law or a guarantee imposed by law and cannot be excluded or modified, All Homes’ liability for failing to comply is limited to supplying the service again or paying the cost of supplying the service again, at All Homes’ option.
17. You will indemnify All Homes for any claim brought by another person as a consequence of your use of All Homes’ services or as a consequence of your non-observance of these terms.
18. All Homes may assign its rights and obligations under this agreement. Reference to All Homes includes its assigns. You may assign your rights under this agreement only if All Homes agrees.
20. Any term or part of a term of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining terms or parts of the terms continue in force.