1. Agreement Overview

This Terms of Service Agreement (“Agreement”) is entered into between the Member (“Member” or “you”) and Property In A Box Pty Ltd (“PIAB” or “we”) and governs your use of our services.

2. Definitions

For the purpose of this Agreement, the following terms shall have the meanings assigned to them below:

2.1. “Off-Market Property” refers to a property that is listed in the Fusion Property Portal software and not listed on any of the popular MLS (multi-listing sites) for Owner Occupier or Investment Properties.

2.2. “Referrer” refers to the Member who refers a client to PIAB.

2.3. “Beta Service” or “Beta Services” refer to certain Services offered by PIAB for testing and evaluation purposes.

2.4. “Services” refer to the services provided by PIAB, including but not limited to access to off-market properties, contract management, property data feeds, and marketing tools.

3. Membership

3.1. Subscription
By subscribing to PIAB’s Services, you agree to pay the fees and charges associated with your selected subscription plan, as set forth in Schedule 2: Fees and Services.

3.2. Term
This Agreement is a 12-month commitment, and you are required to maintain your subscription for at least 12 months.

3.3. Automatic Renewal
After the initial 12-month term, your subscription will automatically continue on a month-to-month basis, with PIAB deducting $330 per month. You must provide 30 days written notice if you wish to terminate your agreement after the 12-month term. Termination prior to the completion of the 12-month term is not permitted.

3.4. Suspension and Rejoining
After the 12-month term, you may suspend your subscription for a maximum of 3 months. If you decide to rejoin, the minimum rejoining period is 3 months. You cannot rejoin for one month, then suspend, then rejoin for another month, and so on.

3.5. Termination and Rejoining
If you terminate your agreement after the 12-month term and wish to rejoin after 3 months, you will be subject to another setup fee as PIAB cannot retain your account information after this period.

3.6. Early Termination Liability
If you terminate your agreement prior to the completion of the 12-month term, you agree to pay out any subscription fees that are outstanding until the end of your agreed term. In the event you do not pay any outstanding fees owed to PIAB, you agree to pay for any legal costs incurred by PIAB to recover the outstanding payment fees.

4. Marketing Fee Payments

Please refer to Schedule 1: Marketing Fee Payments.

5. Fees

Please refer to Schedule 2: Fees and Services.

Schedule 1: Marketing Fee Payments

Below are some examples of marketing fees PIAB may receive and how they are disbursed:

• Where a $33,000 inc GST marketing fee is paid to PIAB by the builder/supplier/developer:
  • PIAB Receives = $3,300 inc GST (10%)
  • Member Receives = $29,700 inc GST (90%)

Important: PIAB receives 10% of the total marketing fee payable, which includes any marketing fee increases, with a minimum of $3,300 including GST.

Example:

• Where a $22,000 inc GST marketing fee is paid to PIAB by the builder/supplier/developer:
  • PIAB Receives = $3,300 inc GST (minimum)
  • Member Receives = $18,700 inc GST (residual)

Payment Timeline Examples

All payments are disbursed by PIAB within 14 days upon receipt of invoice under the following conditions:

• PIAB is paid (50% on frame / 50% on lockup)
• PIAB is paid (50% on slab / 50% on settlement)
• PIAB is paid (100% on settlement)

Important: If PIAB is not paid by the Builder/Supplier/Developer, no one is paid.

Off-the-Plan Purchases

• House & Land (two-part contract): First half of the marketing fee (minus PIAB’s 10%) is payable when land is registered, the slab is laid, and the slab claim is paid. The second half is paid upon completion of the property when the practical completion claim is paid.
• Townhouses & Apartments (one-part contract): Marketing fee is payable 100% at settlement.
• Completed Properties: Marketing fee is payable 100% at settlement.

Membership Requirement

To receive marketing fee payments, you must remain a current Member of PIAB until the completion and settlement of the final property sale. PIAB retains the right to deduct subscription payments from marketing fees.

Schedule 2: Fees and Services

Fees

• Monthly Subscription Plan
  • $990 (inc GST) once-off setup fee
  • $330 (inc GST) monthly subscription
  • 12-month minimum commitment
  • Total = $4,950
• Monthly Plan (No Setup Fee)
  • $415 (inc GST) monthly subscription (first 12 months only)
  • Reverts to $330 (inc GST) per month after 12 months
  • Total = $4,980
• Annual Payment (Save $990)
  • Setup fee waived when 12 months paid upfront
  • Total = $3,960

Payment Method

• Annual Payment: Credit/Debit Card or Direct Deposit
• Monthly Payment: Credit Card only (debited monthly on joining date)

Set-Up Fee Inclusions

• 2x PIAB PHP websites
• Fusion CRM account setup

Fee-for-Service Items

• $40/hour (inc GST)
• Website property data feed API integration
• Domain pointing setup

Services Included

• Access to off-market property
• Contract management
• Property data feeds
• Marketing tools (websites, CRM)
• Ongoing support
• Marketing fee referral (see Schedule 1)
• Training and support
• Beta subscription service access (at PIAB’s discretion)

6. Termination and Suspension

Termination by Member: Agreement is for a 12-month minimum commitment. Early termination requires full payout of remaining subscription fees.

Suspension of Subscription: After 12 months, Members may suspend for up to 3 months, recommencing with a 3-month minimum.

Termination by PIAB: PIAB may terminate if Member breaches terms.

Effects of Termination: Members lose access to services. Rejoining after 3 months requires new setup fee.

7. Non-Circumvention Clause

1. Members must not directly engage PIAB builders/suppliers unless they had a pre-existing relationship prior to joining PIAB and do not use PIAB’s property services.
2. If PIAB provides property search services, all related marketing fees must be paid via PIAB.
3. If circumvention occurs after payment, Member must pay liquidated damages equal to 1.5x the marketing fee.
4. If attempted mid-process, PIAB may withhold fees or terminate the Agreement.
5. PIAB reserves all legal rights to enforce this clause.

8. Miscellaneous

Entire Agreement: This Agreement supersedes all prior agreements.
Amendments: PIAB may amend terms with notice.
Governing Law: This Agreement is governed by the laws of PIAB’s jurisdiction.

9. Clawback of Commission

• Trigger Events: Clawback may occur if a property transaction fails (e.g., withdrawal, finance decline, cancellation).
• Obligation to Repay: Member must repay commissions within 14 days of notice.
• Deduction & Enforcement: PIAB may deduct from future payments or pursue legal action.
• Costs & Interest: Legal/recovery costs and 10% p.a. interest (calculated daily) apply.
• Duration: Applies to all commissions for 12 months after payment.
• Personal Guarantee: Individuals signing for companies/trusts guarantee repayment.

10. Default on Subscription Payments

If subscription payments cease before term completion:

• Full remaining balance becomes immediately due.
• Failure to pay within 7 days allows PIAB to use debt recovery/legal proceedings.
• Member is liable for all recovery costs (legal, administrative, court fees).
• Non-payment does not release Member from contractual obligations.

For any questions, contact: info@propertyinabox.com.au

Agreement Acceptance

By subscribing to PIAB’s Services, I agree to the Terms of Service outlined in this Agreement.