Terms and Conditions of Referring Vendors to easyAdpay

1. This Agreement continues until either Easybondpay Pty Ltd ABN 82 615 030 245 ACL 495421 (“we, our, us”) or the Property Agent (“you, your”) gives the other notice in writing of its termination.
   
   
2. For the period of this Agreement, we will provide credit (“easyAdpay loans”) to your vendor clients referred to us by you on the following terms and conditions. For the purposes of this Agreement, if we remit any loan funds to you as a result of receiving and accepting an application for an easyAdpay loan, the same is deemed to have arisen from a referral by you to us.
   
   
3. You acknowledge that the terms and conditions of easyAdpay loans (including interest rates and all fees), and the form and requirements of applications therefor and of processing such applications, and all lending criteria and decisions, are under our sole control, and we may vary any of them when and as we see fit, and we may also accept or reject any application for an easyAdpay loan in our absolute discretion.
   
   
4. You must not refer, assist or allow any person to take out (or be otherwise involved in) any easyAdpay loan –
   
   
   1. unless that person is a client of yours under a formal vendor-agent appointment arrangement
      
      
   2. unless that person is an actual bona fide arms-length vendor who bona fide seeks a loan to pay for the actual bona fide costs (being costs which are not inflated in any way) of actual bona fide services you have agreed to provide to them in respect of an actual bona fide residential property which you are duly authorised to sell
      
      
   3. if you know or suspect, or if acting reasonably you would know or suspect, that person was a poor credit risk
      
      
   4. unless the whole of the credit to be provided under the loan is to pay for, and is solely applied by you towards paying for, services supplied by you to that person being services solely in the nature of arranging home staging or advertising and external marketing of that person’s property (“permitted services”)
      
      
   5. that in part or whole is, or relates to, any sales commission, or any other fees or amounts payable or to be payable to you except for permitted services
      
      
   6. if that person as vendor has debt secured against their property being sold of more than 80% of its estimated current value, unless you have firstly notified us of such a vendor by email to mailbox@easyadpay.com.au.
      
      
5. You warrant that you will only apply any funds received from us towards advertising and external marketing of the property of the vendor concerned and, otherwise, you agree that you must return any such funds to us.
   
   
6. You warrant that all services to be provided by you which are the subject of an easyAdpay loan will actually be provided to the vendor concerned, and will also be carried out by you properly and professionally, and until fully and properly completed.
   
   
7. You warrant that all details provided in any application for an easyAdpay loan which you cause to be submitted to us (or are otherwise involved in) are true, correct, accurate and not misleading in any way (including misleading by omission).
   
   
8. Save as expressly previously disclosed to us in writing, you warrant that neither you, nor any of your associates, officers or staff, has any association with or interest in any vendor or borrower named in any application mentioned in the preceding clause.
   
   
9. Your vendor has agreed with us that, if their property is sold, they must pay us out. They have also authorised that the payout be deducted from the settlement proceeds, and paid to us. You must do all reasonable things to facilitate that to happen.
   
   
10. You acknowledge that any software or other technology provided by us to you for the purposes of this Agreement remains our property, and is confidential and not to be disclosed or provided to any other party. On termination of this Agreement, you must promptly return to us all software, technology and other materials belonging to or supplied by us.
    
    
11. In assessing your request that we provide credit to your clients, and in taking other action relating to this Agreement, or when required by law to verify your identity, we will collect, use, store and disclose your personal information. You agree to us doing so, provided we do so in accordance with our Privacy Statement and Policy, which you can access at http://easyAdpay.com.au/privacy. That link also includes information about credit reporting, including the credit reporting bodies to which we are likely to disclose your credit information, as well as how we manage credit related personal information. Key matters covered are your rights to access and correct that information, and to make a complaint. If you ask us, we will provide you with this website information in an alternative form, such as a hard copy.
    
    
12. You must comply with any Guidelines we issue to you from time to time in respect to easyAdpay loans.
    
    
13. We may vary these terms and conditions (or those Guidelines) at any time, but must give notice in writing thereof to you.
    
    
14. Both parties agree that notices may be given to the other by way of electronic communication as defined in the various Electronic Transactions Acts or Electronic Communications Acts of the States, Territories and the Commonwealth. This includes by way of email and text message.
    
    
15. (a) If there is more than one of you, each of you is jointly and severally liable to perform each of your obligations under this Agreement. (b) We may assign, transfer or novate our obligations, rights or interest under this Agreement without your consent. (c) This contract is personal to you, and you must not assign, transfer or novate your obligations, rights or interest under this contract without our prior written consent. (d) You acknowledge that neither you, nor your officers, employees or associates, are agents of ours, or have any authority to bind us, or to act on our behalf. You and they must not represent that you or they have any such authority. (e) You agree to us issuing recipient-created tax invoices in respect of any taxable supply by you to us. (f) If you are a trustee of a trust, and enter into this contract in that capacity, you agree to be bound personally in terms of this contract as well as in your capacity as such trustee.
    
    
16. The law of South Australia applies to this Agreement. Any legal action relating to it must be brought in South Australian courts.
    
    

Property Agent Guidelines

1. Under national consumer credit laws (the NCC), there are strict limits on what you can and cannot do regarding easyAdpay. If you go outside those boundaries, you would be engaging in credit activities under the NCC without authority, and open yourself up to prosecution. You therefore need to comply with the following Guidelines strictly.
   
   
2. One of the conditions in the Terms and Conditions of Referring Vendors to easyAdpay that you have agreed to is that the easyAdpay service is strictly to be used for your vendor clients to obtain credit solely to pay for services supplied by you, specifically (and only) arranging home staging or advertising and marketing services. That restriction must also be complied with for you to be exempt from the need to be licensed under the NCC.
   
   Under the relevant exemption in the NCC, you are allowed to suggest to a vendor that they enter a credit contract with us to pay for those services supplied by you, and to assist them to access our credit services and our systems, such as by helping them complete our application process.
   
   
3. However, the exemption does not apply if you supply marketing services to a vendor as a result of unsolicited contact made by you or your staff or representatives. In that case, the easyAdpay service cannot be used to fund any services you provide to such a vendor.
   
   “Unsolicited contact” occurs if –
   
   
   1. you initiate an unsolicited meeting or telephone call with a vendor or
      
      
   2. the first contact you make with a vendor about the services is at a location in premises regularly used for purposes other than supplying goods or services (e.g. at a stall you set up at a home show or in a pedestrian mall, shopping centre or airport).
      
      
   “Unsolicited contact” does not include contact resulting from –
   
   
   1. the vendor providing their contact details to you for the sole purpose of being contacted about your services (providing contact is made within three months) or
      
      
   2. you posting to, or leaving at a residential address, written promotional material about your services.
      
      
4. These restrictions, and the NCC generally, mean that care needs to be taken in what you say about easyAdpay, including on your website. If in any doubt, contact us for further advice as to any statements or materials you wish to make publicly available about easyAdpay.
   
   
5. Please also note two other important matters.
   
   
   1. Firstly, it is a condition in our Terms and Conditions of Referring Vendors to easyAdpay that if the vendor has debt secured against their property being sold of more than 80% of its estimated value, you must notify us by email to mailbox@easyadpay.com.au prior to referring the vendor to us.
      
      
   2. Secondly, under the easyAdpay contract, the vendor has agreed that, if their property is sold, they must pay us out. Their easyAdpay contract includes a specific authority from them to deduct the payout from the settlement proceeds, and to pay it to us.
      
      Accordingly, please contact us for a payout figure (and for our bank details for the funds transfer) at least 7 days prior to any settlement, and include that information in your settlement advices to the conveyancer.
      
      
6. These Guidelines are for ensuring that consumer credit laws are met, as well as to highlight some other important matters. They do not cover all matters set out in the “Terms and Conditions of Referring Vendors to easyAdpay”. Please ensure you read those terms and conditions in full.