Terms of Use

TERMS OF SERVICE AGREEMENT

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.

DEFINITIONS

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

1.1. “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.

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

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

1.4. “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.

MEMBERSHIP

2.1. Subscription

1. 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.

2.2. Term

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

2.3. 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.

2.4. 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.

2.5. 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.

2.6. 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 till 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.

 

MARKETING FEE PAYMENTS

1. Please refer to Schedule 1: Marketing Fee Payments

FEES

1. 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 Property In A Box Pty Ltd by the builder/supplier/developer:
• PIAB Receives = $3,300 inc gst (10% of marketing fee)
•  Member Receives = $29,700 inc gst (90% of marketing fee)

IMPORTANT:

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

See below example.

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

PAYMENT TIMELINE EXAMPLES

1. All payments are disbursed by Property In A Box Pty Ltd and paid 14 days upon receipt of invoice under the following conditions.
2. All disbursements are made once PIAB is paid by the Builder/Supplier/Developer or at PIAB’s discretion. Examples of when PIAB is paid:

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

To be clear, if PIAB is not paid by the Builder/Supplier/Developer no one is paid.

1. Where a client purchases off the plan (house and land) on a two-part contract, the earliest the Referrer shall be paid the first half of the marketing fee, (minus PIAB’s 10% marketing fee) is when the land is registered, the slab is laid, and the slab claim is paid to the builder. The second half of the marketing fee shall be paid upon completion of the property, and when the practical completion claim is paid to the builder. It’s worth noting that some builders pay the first half of the marketing fee on frame or lock up completion and other builders pay 100% marketing fee upon practical completion.
2. Where a client purchases off the plan on a one-part contract i.e. townhouse and apartments, the Referrer shall be paid 100% at settlement.
3. Where a client purchases a completed property, the Member/Referrer shall be paid 100% at settlement.

In order to receive marketing fee payments, you are required to be a current Member of PIAB up until the completion and settlement of your final property sale. PIAB’s contract management services are funded via subscription payments so need to remain in place up until marketing fees are paid and final property sale is handed over to the clients. PIAB retains the rights to deduct subscription payments from the marketing fee. PIAB reserves the right to pay 100% on settlement.
Example, if PIAB deems the risk of the client not completing the transaction to be high. PIAB reserves the right to deduct residual subscription fees from the first sale generated by the Member.

Marketing Fee Retention by PIAB: Upon receipt of the first payment from the builders/suppliers, Property In A Box Pty Ltd (PIAB) will retain its portion of the marketing fee as outlined in the marketing fee structure. This retention is in accordance with the agreed marketing fee percentages and is not contingent on the completion of the property transaction. By subscribing to PIAB’s Services, members acknowledge and agree to this marketing fee retention policy.

SCHEDULE 2: FEES AND SERVICES

FEES

• PAYMENT (MONTHLY SUBSCRIPTION PLAN)
  • $990 (Inc Gst) Once Off Setup Fee
  • $330 (Inc Gst) monthly subscription
  • 12 month minimum commitment
• PIAB reserves the right to deduct the complete / residual subscription payment from the first sales marketing fee payment.

TOTAL = $4,950

• PAYMENT (MONTHLY SUBSCRIPTION PLAN- NO SETUP FEE)
  • $415 (Inc Gst) monthly subscription (for first 12 months only)
  • 12 month minimum commitment
• Monthly Fees revert back to $330 inc gst / month after first 12 months
• PIAB reserves the right to deduct the complete / residual subscription payment from the first sales marketing fee payment.

TOTAL = $4,980

 

• PAYMENT (ANNUAL PAYMENT) – SAVE $990 inc gst
  • Setup Fee waived upon 12 months subscription paid upfront
  • 12 month minimum commitment

TOTAL = $3,960 (SAVE: $990 inc gst)

 

PAYMENT METHOD

Annual Payment

• Can be made via Credit or Debit Card and Direct Deposit
• Payments will automatically revert to a monthly subscription fee on the anniversary of the joining date.

Monthly Payment

• Can be made via Credit Card only
• Credit Card will be debited monthly on the same date of the month the Member joined.
• Payments will automatically renew annually and continue on the anniversary of the joining date.

SET UP FEE INCLUSIONS

• Set up of 2x PIAB PHP websites
• Set up of your Fusion CRM Account

FEE FOR SERVICE ITEMS

The following additional services can be provided by PIAB for an hourly rate of:

• $25 hour (inc gst)
• Property In A Box will integrate the property data feed API (or WordPress Plugin) on your own website in the event you don’t have an IT team.
• Property In A Box will facilitate the domain pointing of your domain to the websites provided.

Specific Property Reports

Property In A Box will provide Specific Property Reports to assist you in marketing specific properties / projects to your database.

• 1 SPR – $55 inc gst
• 2 SPR – $99 inc gst
• 3 SPR – $120 inc gst

SERVICES

The following services are included in the monthly subscription fee:

Access to Off-Market Property:

1. Members gain access to off-market properties that are not listed on popular MLS for owner-occupiers or investment properties.

Contract Management:

1. PIAB provides contract management services, helping Members manage property transactions.

Property Data Feeds:

1. PIAB offers property data feeds to assist Members in accessing property information.

Marketing Tools:

1. PIAB provides marketing tools, including websites and CRM services, to assist Members in promoting and managing their business.

Support:

1. PIAB offers ongoing support to Members, ensuring they have the resources and assistance they need to succeed in their business.

Marketing Fee Referral:

1. Members have the opportunity to earn marketing fee referral as described in Schedule 1: Marketing Fee Payments.

Training and Support:

1. PIAB offers support to help Members better understand the property market and effectively market properties to their clients.

Beta Subscription Service:

1. Members may have access to beta services for testing and evaluation. PIAB retains the sole discretion to determine the period and success of such testing, and if the beta services will be offered as commercial services.

WEBSITE HOSTING AND DNS CONFIGURATION RESPONSIBILITY

Hosting of Websites: Property In A Box proudly provides its Members with the hosting of five customized property websites as part of our comprehensive service package. These websites are designed to facilitate the promotion and sale of off-market and off-the-plan properties, streamlining access to a wide array of property listings and enhancing the Members’ ability to conduct business efficiently.

DNS Configuration: While Property In A Box takes responsibility for the hosting of these websites, it is important to note that the configuration of the Domain Name System (DNS) settings required to connect your domain to our hosted platforms rests solely with the Member. This includes any changes or updates to DNS settings to ensure that your domain correctly points to the hosted website provided by Property In A Box.

Members are required to manage their DNS settings through their domain registrar or hosting provider. Property In A Box will provide guidance and support on the process, but the execution of DNS changes and any modifications needed to ensure the proper functioning of your websites under your domain name are the responsibility of the Member. This delineation ensures that Members have full control over their domain names while benefiting from the robust hosting services provided by Property In A Box.

Support: Should you require assistance or have questions regarding DNS settings or changes, please refer to our support documentation or contact our Member support team for detailed guidance. Our goal is to ensure that your experience with hosting your property websites through Property In A Box is seamless and beneficial to your business operations.

By accepting these terms, the Member acknowledges their responsibility for DNS configuration and agrees to promptly undertake any necessary actions to facilitate the correct functioning of their hosted websites.

API USAGE POLICY

Single Usage Limitation: The Property in a Box API is strictly limited to single usage per subscription. Members may use the API either:

On a website that targets end clients, OR

In a software platform that targets businesses involved in selling property.

Under no circumstances may Members create websites for their agents, subscribers, members, affiliates, or referral partners that present properties from our API. Use of the API on both platforms simultaneously is prohibited.

Prohibition of Redistribution: Members are expressly prohibited from redistributing, sublicensing, or providing access to the API to third parties outside of the specified usage. Any attempt to share or sell access to the API will result in immediate termination of the subscription and potential legal action.

Monitoring and Compliance: Property in a Box reserves the right to monitor API usage to ensure compliance with this policy. Members found in violation will be subject to penalties including, but not limited to, suspension or termination of access, and legal recourse to recover damages.

Audit Rights: Property in a Box may conduct periodic audits of API usage. Members are required to provide necessary cooperation and access for such audits. Non-compliance with audit requests may result in suspension of API access.

 

TERMINATION AND SUSPENSION

Termination by Member:

1. This Agreement is for a 12-month minimum commitment and cannot be terminated prior to the end of the 12-month period. If a Member wishes to terminate their agreement after the initial 12 months, they must provide 30 days’ written notice to PIAB. If a Member terminates prior to the completion of the 12-month commitment, they are required to pay the outstanding subscription fees to pay out their term of the subscription plan. In the event subscription fees are left owing the Member (ex Member) agrees to pay any legal costs to recover outstanding payment fees.

Suspension of Subscription:

1. After the completion of the initial 12-month Agreement, a Member may request to suspend their subscription for a maximum of 3 months. To recommence the subscription, the Member must commit to a minimum of 3 months. The Member cannot repeatedly suspend and recommence their subscription on a month-to-month basis.

Termination by PIAB:

1. PIAB reserves the right to terminate this Agreement at any time if the Member breaches any terms or conditions, or if it is deemed necessary to protect the interests of PIAB or other Members.

Effects of Termination:

1. Upon termination of this Agreement, the Member will lose access to all services provided by PIAB. If a Member wishes to rejoin PIAB after terminating their subscription and 3 months have passed since the termination, they will be required to pay a new setup fee, as PIAB cannot retain their account information after this period.

LEGAL RESPONSIBILITIES AND COMPLIANCE

MISCELLANEOUS

Entire Agreement:

1. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements, proposals, oral or written, and all other communications between the parties relating to the subject matter.

Amendments:

1. PIAB reserves the right to amend this Agreement at any time. Any such changes will be communicated to the Member, and continued use of PIAB’s services constitutes acceptance of the amended terms.

Governing Law:

1. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which PIAB chooses.

If you have any questions or concerns regarding this Agreement, please contact us at info@propertyinabox.com.au.

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