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Terms and Conditions 

 

This terms and conditions, together with Real Estate Biz Pty Ltd Privacy Policy, including any additional notices and conditions changed or updated from time to time will be posted on Real Estate Biz website.   

The website RealEstateBiz.Net.Au is owned and operated by Damjanko Pty Ltd  (the Company”), a corporation organized and existing under the laws in country of Australia in the state of Queensland, with its head office located at 34 Pring Street, Tarragindi Queensland 4121 Australia. 

If you have any questions relating to RealEstateBiz.Net.Au, please contact us via Email, at admin@realestatebiz.net.au. 

In consideration of the terms and conditions of this agreement, and other valuable consideration, the parties agree as follows: 

 

Introduction  

 

  1. The Company offers Internet Advertising and Marketing Services for all types of Properties, exclusively for Real Estate Agents and Real Estate Owners. The company owns and operates an Internet Site located at https://realestatebiz.net.au/ (the “Advertising Site”). The Advertising Site contains graphical and text-based descriptions of advertised sites along with a hypertext link to the advertised site. When the hypertext link is selected by the party accessing the site (“User”), the User is transported to the URL for the advertised site. 
  2. The company is operated by a licensed real estate company that is organized with its head office in the state of Queensland.
  1. The Company is committed to respecting your privacy and we have attached our Privacy Policy, which explains how your personal information is to be used. The information you provide to us will only be used in connection with the services you have selected that are being provided for by the company. Your information may be shared with the company’s employees, real estate agents, contractors and perspective buyers or sellers, but only in selection of services and goods you have selected for us to provide. 
  1. The Members meaning refers towards Real Estate Agents and Property Owners or Landlords. They have selected the services and the goods of the company after they have registered with their personal details. 
  1. Real Estate Biz Pty Ltd offers the following advertising and marketing services to other buyers and sellers of residential and other types of real estate related services available by agents and owners of: a) for sale by agent and for sale by owner of their property listings and related services, b) for sale by Mortgagee Possession and their rental property listing, c) featured or banner ads. 
  1. Owners option to find multiple agents wanting to share commission with other agents or in conjunction by referral between each other. 
  1. Information specific to accessing resources by referral related to other service providers such as legal, finance lenders, valuations, agents, hyperlinks to government industry websites, general advice to buyers and seller’s questions, real estate news and articles. 

 

ADVERTISING MATERIALS 

 

  1. The Member agrees to submit advertising material including photos, legal documents and personal information to the Advertising Service Company. 
  1. The Member is solely responsible for hardware, interconnections and telecommunications to access the site. You agree that you will not use any robot or automated device to spam or send un-solicited emails or messages to the site. 
  1. The Advertising Service Company has the right and option to approve, in its absolute discretion, the content of any advertising material that the Customer submits if the Advertising Service Company finds that it does not meet its Uniform Advertising Specification, if it is objectionable to the Advertising Service Company in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in the Advertising Service Company sole discretion. If the Advertising Service Provider rejects any adverting material that the Member submitted, the Advertising Service Company will notify the Customer. Even after the Advertising Service Company accepts the advertising, the Advertising Service Company has the right to remove it if it does not function correctly or for any of the reasons described above. The Advertising Service Company placing the advertising on its page does not signify its approval or waiver of the right to object to it in the future. 
  1. The Advertising Service Company has the right to terminate this Agreement if the Advertising Service Company remove or fail to approve any materials that the Member submits in which case any prepaid advertising fee shall be returned to Member. The Member will not have any damages or other remedies, in law or in equity against the Advertising Service Company for failing to place or removing any advertising except for the return of any unused prepaid advertising fees. 
  1. The Member can make changes to its advertising material which the Advertising Service Company must also approve. The Advertising Service Company will charge a fee at its standard fee schedule rate for making changes to the Members advertising materials on the Advertising Service Company’s site. The Member will provide the Advertising Service Provider with all changed materials that Member desires to integrate. The Advertising Service Company will use its reasonable efforts to make the changes that Member submits within Seven (7) days after the Advertising Service Company approve the same. 
  1. The Advertising Service Company agrees to provide the advertising website that is for the exclusive use of buyers and sellers of real estate. The Company hereby grants you a non-exclusive, non-transferable world-wide license to use the site in order to search, display, print and upload property listings including photos, documents and personal contact information for the purpose to sell or rent your property. 

 

SERVICES TO BE PROVIDED 

 

  1. The Advertising Service Company does not guarantee any given amount of Impressions to Customer’s page as a result of its advertising services unless a separate Impression Guarantee Addendum has been executed by both parties hereto. 

 

  1. The Advertising Service Company will use its reasonable efforts to make its Advertising Site available for display through the World Wide Web. The Advertising Service Company is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond its control or which are a normal part of the Internet business. 

 

  1. The Advertising Service Company will not place links to the Member’s website or website content in newsgroups, message boards, unsolicited email and other types of spam, chat rooms, guest books, IRC channels or through similar Internet resources, without an advanced written consent.  

 

  1. The Advertising Service Company shall be responsible for tracking Impressions to the Member/s site through the advertisements that are included on its site. The Advertising Service Provider will report this information via Email on a monthly basis. The Member will agree to treat this information as confidential. The Member may use it for its internal business and marketing planning but may not disclose it to third parties without an advanced written consent. 

 

PLACEMENT OF THE ADVERTISING 

The Advertising Service Company reserves onto its own discretion all decisions and matters concerning placement of Customer’s advertisement on pages of the Advertising Service Company Site, software solutions, hardware configurations and selection, system components, categories of advertising, search engine results and search parameters and other operational and administrative matters pertaining to the construction and operation of the Advertising Service Company Site. 

 

COMPENSATION 

In consideration of its advertising services, the Member agrees to pay the advertising fees displayed as the advertising plans. The fee schedule selected hereto by the Member will also pay any GST and other taxes based upon the fees set forth therein unless its marked as Free in which case no fees are applicable. Advertising fees will be paid monthly, in advance, on or before the first day of every month during the term hereof. The Advertising Service Company charge interest and service charges on monthly accounts that are delinquent at the maximum rates allowable by law. The Member will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an account. The Advertising Service Company reserves the right to suspend advertising services until Member’s account is brought current as the Advertising Service Company as the right to terminate this Agreement if any advertising fee is delinquent. 

 

PROPRIETARY RIGHTS 

The Advertising Service Company will retain all proprietary rights in and to its respective sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. The Advertising Service Company do not grant the other any rights in and to such proprietary material except that the Member hereby grants the Advertising Service Company a non-exclusive license to use the advertising material provided, including its photos, documents, contact details, trademarks and copyrights, and the right to hyperlink to Member’s site from its site during the term of this Agreement. Upon termination of this Agreement, the Advertising Service Company agrees to remove the hyperlink and the advertising materials provided from its site within a reasonable time. 

 

REPRESENTATIONS AND WARRANTIES 

The Member represents and warrants that the advertising provided is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. The Member also warrants and represents that it has the unrestrictive and exclusive right to use all such materials. 

The Advertising Service Company makes no warranties that the advertising contained on the Advertising Service Company Site will be free from errors or defects or that the use of the hypertext link or access to its site will be uninterrupted. THE ADVERTISING SERVICE COMPANY SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL THE ADVERTISING SERVICE COMPANY BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS’ FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. 

INDEMNIFICATION 

The Member will indemnify and hold the Advertising Service Company harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that the Customer has made to the Advertising Service Company and otherwise arising directly or indirectly from the placement of its advertising materials on the Advertising Service Company Site.  

FORCE MAJEURE 

The Advertising Service Company will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond its control. 

TERMINATION 

The Member may terminate this Agreement, with or without cause, by giving seven days advance notice of its intent to terminate. The Advertising Service Company reserves the right to terminate this Agreement for any reason, with or without cause, upon seven days written notice to Customer. 

ENTIRE AGREEMENT 

 This Agreement hereby constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof. It supersedes and replaces all previous discussions, negotiations, and understandings between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the companies.  

ASSIGNMENT 

The Member is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties arises relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs. 

NOTICES 

All notices called for herein shall be to the parties at the addresses contained in this Agreement and shall be by certified mail, return receipt requested or by reputable national overnight delivery service, such as Australia Post or Registered Courier Express Company. 

GOVERNING LAW 

This Agreement shall be interpreted under the laws of the state of Queensland country of Australia. Any and all legal actions relative hereto shall be in the courts of Queensland. 

Real Estate Biz Pty Ltd  / Terms and Conditions