Terms And Condition
1. Introduction 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
2.1. “Off-Market Property” refers to a property listed in the Fusion Property Portal software and not publicly advertised on multi-listing sites.
2.2. “Referrer” refers to the Member who refers a client to PIAB.
2.3. “Services” refer to all services provided by PIAB, including access to off-market properties, contract management, property data feeds, and marketing tools.
3. Membership
3.1. Subscription: Members must pay the fees outlined in Schedule 2.
3.2. Term: The agreement requires a 12-month minimum commitment.
3.3. Automatic Renewal: Membership renews monthly after the initial term unless canceled with 30 days’ notice.
4. Marketing Fee Payments
4.1. PIAB distributes marketing fees to Members based on Schedule 1.
4.2. All payments are contingent upon PIAB receiving payment from builders, suppliers, or developers.
4.3. PIAB reserves the right to deduct any outstanding fees before disbursing commissions.
5. Clawback Policy
5.1. In the event that a builder, supplier, or developer requests a clawback due to a property not being completed, a client default, or any other valid reason, the Member agrees to repay PIAB the amount of the clawback within 14 days of notification.
5.2. PIAB reserves the right to deduct clawback amounts from future marketing fee payments owed to the Member.
5.3. If the Member fails to reimburse PIAB within the designated timeframe, PIAB reserves the right to initiate legal proceedings to recover the amount, including any associated legal costs. 5.4. PIAB may suspend the Member’s access to its services until the clawback amount is settled.
6. Liability & Indemnification
6.1. PIAB shall not be held liable for any losses incurred by Members due to delayed payments from builders, suppliers, or developers, or for clawbacks initiated by these parties.
6.2. The Member agrees to indemnify and hold PIAB harmless against any claims, losses, damages, or legal costs arising from commission disputes, clawback requests, or failure to secure payments from third parties.
7. Dispute Resolution
7.1. In the event of a dispute between PIAB and the Member regarding clawbacks, unpaid commissions, or contractual obligations, both parties agree to first attempt resolution through mediation before pursuing formal legal action.
7.2. If mediation is unsuccessful, disputes shall be resolved through arbitration in accordance with the governing law of this Agreement.
8. Non-Circumvention
8.1. The Member agrees not to directly engage with builders, suppliers, or developers introduced by PIAB in an effort to bypass PIAB’s commission structure.
8.2. Any breach of this clause will result in immediate termination of the Member’s access to PIAB’s services and may result in legal action for damages.
9. Force Majeure
9.1. PIAB shall not be held liable for any failure or delay in fulfilling its obligations due to events beyond its control, including but not limited to natural disasters, economic disruptions, regulatory changes, or force majeure events that impact commission payments or business operations.
10. Termination and Suspension
10.1. PIAB reserves the right to terminate this Agreement if the Member breaches any terms or fails to pay outstanding fees.
10.2. Upon termination, the Member will lose access to all PIAB services.
11. Amendments
11.1. PIAB may update this Agreement at any time and will notify Members of any changes.
12. Governing Law
12.1. This Agreement is governed by the laws of the jurisdiction in which PIAB operates.