Terms & Conditions
1. Agreement
You engage Training SpaceFinder Pty Ltd trading as
SpaceFinder (ABN: 66 141 265 223) to act as a buyers agent and to contact
sellers agents and investigate properties on your behalf in accordance with the
following terms and conditions.
The agreement extends to your relatives & Companies or
Trusts that purchase a property introduced to you by SpaceFinder.
The agreement continues in an ongoing manner until the
services are terminated in accordance with this Agreement.
2. Services
SpaceFinder accepts your appointment as your buyers agent.
SpaceFinder will:
(a) use reasonable endeavours to source a property within
Property Scope
(b) undertake a Scope call with you, and if necessary,
change the Property Scope
(c) undertake a tender process for purchase of a selected
property and negotiate on your behalf with Sellers and Sellers agents
3. Payment
You agree to pay
(a) The Engagement Fee prior to the commencement of any
work. The Engagement fee is not
refundable.
(b) The commission is payable at unconditional stage.
Payment terms are strictly five (5) business days
(Unless unconditional is greater than 90 days from contract
date, in which case full payment is due at the unconditional stage). Payment
terms are strictly five (5) business days
4. Cancellation of Agreement
You have the right to cancel this agreement at any time
prior to the tender commencement, by written notice to SpaceFinder. Once the tender has commenced, the upfront
fee is non-refundable. Where additional
property requirements occur outside of the agreed scope, an additional
administration fee may be levied as an extension to the tender scope.
SpaceFinder reserve the right to recover commission for all properties provided
5. Property review Delivery
You will be provided with your Property Review report as
soon as practically possible post obtaining from you, the Property Scope. The report will be delivered to you by email
in PDF format.
6. Property review Expiry
We recommend you select a property from the Property Review
report within 2 Business Days of SpaceFinder providing the report, to avoid
disappointment. The property market is competitive and conditions can change
rapidly. If you are unable to make a selection and SpaceFinder are required to
prepare an additional Property Review report, fees will be payable for the
additional services provided by SpaceFinder. If you have extenuating
circumstances, please let us know and additional fees may be waived.
7. Communication with Properties
You agree not to communicate directly with the agent or
property owners until SpaceFinder advises you that the offer has been accepted
and contract signing takes place. You
agree to only attend scheduled viewings of the shortlisted properties under
coordination of SpaceFinder to ensure minimal interruption to the property.
8. Privacy
SpaceFinder shall comply with the Australian Privacy
Principles set out within the Privacy Act. Specifically, SpaceFinder will not
provide your information to any third party unless required or authorised by
law.
9. Responsibility
The Client acknowledges that it is responsible for its final
purchasing decision and that SpaceFinder makes no guarantees or warranties of
any kind in relation to any Property. The Client accepts full responsibility
for satisfying itself in relation to all aspects of the Property (including
without limitation the building integrity, planning regulations which apply to
the Property, the
neighbourhood of the Property, any other information of
importance to the Client and the financial consequences of purchasing the
Property). Under no circumstances will SpaceFinder be liable for any loss,
damage, costs or compensation arising out of, or in connection with, the
Client’s decision to purchase the
Property.
10. Liability
The Client will indemnify and hold SpaceFinder Investing
harmless from any and all liabilities, actions, suits, proceedings, claims,
demands, costs, loss, damage, expenses, and/or other amounts of any nature
(including but not limited to legal costs on a solicitor/client basis and
disbursements in defending or settling the claim giving rise to any damages of
any type or kind such as those in relation to loss of revenue, profits,
goodwill, tangible or intangible losses or other economic losses)
11. Termination
This agreement reflects an ongoing arrangement. SpaceFinder
may terminate this agreement at any time by informing you in writing. You may
also terminate this agreement, in writing at any time. Cancellation terms apply
(see clause 4). If you fail to pay the final fee, SpaceFinder reserve the right
to legal recourse to recover the monies owed, additionally all properties
provided by SpaceFinder, regardless of
termination, are covered by the terms of this agreement for a period of
12 (twelve) months
12. Severability
In the event any clause or provision within this agreement
is determined to be void or unenforceable, that provision or clause will be
severed with the rest of the agreement clauses or provisions remaining in force
and effect.
14. Disclaimer
The terms of this contract are legally binding and not the
marketing material within. This marketing material is for illustrative and
information purposes only and does not form a binding part of this agreement.
13. Acknowledgement
By signing this agreement, you are confirming that you are
authorised to enter into this agreement and that you have read, understood and
agree to the terms and conditions of this agreement.