Introduction
In these General Terms , references to “we”, “us”,
“our” or “CampaignAgent” refer to Campaign Agent Pty Ltd ACN 608
962 812 (Australian Credit Licence number 516432) of Level 9, 51 Langridge Street,
Collingwood VIC 3066.
You should read all of the terms and conditions that are
provided to you and ask us about any issues or concerns. This document does not contain
all of the pre-contractual information required to be given to you. The rest of the
information is contained in your VPAPay Application.
If we accept the VPAPay
Application, your Agreement will consist of:
- the terms in the VPAPay Application;
- this “introduction” section and these General Terms; and
- any other document identified in the VPAPay Application as forming part of this
Agreement.
You, and/or an entity you are authorised to represent, have agreed, separately with
your Real Estate Agent, to incur expenses in relation to the Marketing
Campaign.
By signing and submitting a VPAPay Application then, subject to us
accepting the VPAPay Application:
- you agree to be bound by this Agreement and, if there is more than one Vendor, then
each Vendor is jointly and severally liable for the full amount owing in connection
with this Agreement;
- if there is more than one applicant Vendor in the VPAPay Application, we may elect
to enter into this Agreement with only one, some or all of those applicant Vendors;
and
- it will form a binding agreement between you and us in relation to how we will pay
the Advertising Total to your Real Estate Agent and/or suppliers on your behalf.
Agreed terms
- Defined terms
These meanings apply unless the contrary intention
appears:
Advertising Total means the amount listed
in the VPAPay Application that we loan to your Real Estate Agent on your behalf under
this Agreement.
Agreement means these General Terms,
the VPAPay Application and any other document identified in the VPAPay Application as
forming part of this Agreement.
Balance Owing on your Loan
Account means, for a Loan Account, at any time, the difference
between all amounts credited and all amounts debited to the Loan Account at that time.
When this amount is to be calculated for the end of a day, it includes all debits and
credits assigned to that day.
Business Day means a
day other than a Saturday, a Sunday or a public holiday in Victoria,
Australia.
Consumer Laws means the Australian
Securities and Investments Commission Act 2001 (Cth) and the Competition and Consumer
Act 2010 (Cth).Default has the meaning given to it in clause
9.1.
Deposit Release is the day on which properly
served and approved documentation that enables the release of the purchaser of the
Property’s deposit moneys to you occurs.
General
Terms means these VPAPay terms and
conditions.
Loan Account means, for the Advertising
Total, the account we establish in your name for recording all transactions in
connection with this Agreement.
Loan Purpose means
the purpose of the loan listed in the VPAPay Application.
Marketing
Campaign means the preparation, staging, property
presentation, advertising and marketing of the Property for sale by the Real Estate
Agent.
National Credit Code means Schedule 1 to the
National Consumer Credit Protection Act 2009 (Cth).
Pay Later
Date has the meaning given to it in the VPAPay
Application.
Pay Later Total means, at any time, the
Balance Owing on your Loan Account at that time, plus all accrued fees and interest
charges (if any) and other amounts which you must pay under this Agreement but which
have not been debited to your Loan Account at that
time.
Property means the property listed in the
VPAPay Application.
Real Estate Agent means the
person or entity that you have appointed to market and sell the Property listed in the
VPAPay Application
Repayment Date has the meaning
given to it in the VPAPay Application.
Sale means
the unconditional sale of the
Property.
Settlement means settlement of the
unconditional sale of the Property.
Vendor means the
person(s) listed as the vendor in the VPAPay Application.
VPAPay
Application means the application titled ‘VPAPay
Application’ submitted by you to us requesting the Advertising
Total.
Withdrawal means the date that the Property
is withdrawn from sale or the date that we reasonably conclude, in consultation with
your Real Estate Agent, that the Property is not being actively marketed for sale or the
date of termination or expiry of your Real Estate Agent’s initial authority to
sell the Property.
A reference to:
- any thing includes the whole and each part of it;
- a document includes any variation or replacement of it;
- law means common law, principles of equity, and laws made by parliament (and laws
made by parliament include regulations and other instruments under them, and
consolidations, amendments, re-enactments or replacement of them);
- the words “including”, “for example” or “such
as” when introducing an example, do not limit the meaning of the words to
which the example relates to that example or examples of a similar kind;
- the word person includes an individual, a firm, a body corporate, an unincorporated
association or an authority;
- the singular includes the plural and vice versa; and
- headings are for convenience only and do not affect the interpretation of this
Agreement.
NOTE: For demonstration purposes only. Please contact
CampaignAgent if you would like to receive a full copy of our terms.