General
Terms & Conditions
Version 1 (1 March 2022)
General Term & Conditions are listed below.
To view the VPAPay Specific Conditions click the button below.
INTRODUCTION
References to CampaignAgent
In these terms and conditions, ‘we’, ‘us’, ‘our’ and ‘CampaignAgent’ refers to Campaign Agent Pty Ltd ACN 608 962 812.
Read your terms and conditions
You should read all relevant terms and conditions and ask us about any issues that concern you. If you accept these terms and conditions, your agreement will be made up of:
(a) this ‘Introduction’ section and the General Conditions in these terms and conditions; and
(b) the VPAPay Specific Conditions.
The General Conditions apply to all CampaignAgent’s services. In addition, the VPAPay Specific Conditions
1. Defined terms & interpretation
1.1 Unless the contrary intention appears, a reference in this agreement to:
Agency means the agency set out in an Application Form.
Application Form means the form signed and submitted by the Agency to receive the services.
Business Day means any day other than a Saturday, Sunday or public holiday in Melbourne, Victoria.
Claim means any allegation, debt, cause of action, Liability, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or an ascertained, actual or contingent, whether at law, in equity, statute or otherwise.
Commencement Date means the date the Agency executes an Application Form.
Corporations Act means the Corporations Act 2001 (Cth).
Liability means any liability or obligation (whether actual, contingent or prospective), including for any loss irrespective of when the acts, events or things giving rise to the liability occurred.
Property Listing means a property in which a Vendor has a signed Sales Authority with the Agency.
Sales Authority means a contract between the Agency and a Vendor appointing the Agency as the agent to sell the Vendor’s property.
Vendor means a person who has entered into a Sales Authority with the Agency and a VPAPay Agreement with CampaignAgent.
1.2 Unless the contrary intention appears, a reference in this agreement to:
(a) a document (including this agreement) includes any variation or replacement of it; or
(b) law means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them.
2. Term
2.1 If at the Commencement Date, there is already a subsisting agreement between the parties, these terms and conditions commence and displace the subsisting agreement on the Commencement Date (Term).
2.2 This agreement is subject to a cooling off period of 5 Business Days from the date of your Application Form during which time the Agency may end this agreement by notifying us in writing.
3. Termination
3.1 If either party materially breaches its obligations under this agreement, the non-breaching party may terminate this agreement with 10 Business Day’s notice in writing.
3.2. Either party may terminate this agreement by giving not less than 3 months written notice to the other party.
3.3 Following termination of this agreement, the Agency remains responsible for and must pay any outstanding monies owing to CampaignAgent on the relevant due date.
4. Assignment
4.1. The Agency must not assign, novate, transfer, or deal with its rights and obligations under this agreement.
4.2 CampaignAgent may assign, novate, or otherwise deal with its rights under this agreement in any way it considers appropriate.
5. Changes to terms and conditions
5.1 CampaignAgent may amend the terms and conditions of this agreement and give you reasonable notice of any such changes.
5.2 You will be taken to have agreed to and accepted the amended terms and conditions if you request further services from us following notice of any such change.
6. Warranties and Indemnities
6.1 The Agency represents and warrants it has full authority and capacity to enter into and perform its obligations under this agreement.
6.2 The Agency must indemnify and undertake to keep indemnified (on a full indemnity basis) CampaignAgent and hold it harmless against any Liability and Claim that CampaignAgent may pay, suffer or incur in respect of:
(a) a breach of any of the warranties set out in this agreement; or
(b) any breach by the Agency of this agreement.
7. Notices
7.1 Any notice or consent under this agreement must be in writing and sent to the email address set out in an Application Form (as varied from time to time) or as otherwise notified by a party.
8. Trust Provisions
8.1 The Agency represents and warrants that it does not enter into this agreement in the capacity as trustee of a trust except where that has been specified in the agreement.
8.2 If the Agency enters into this agreement in its capacity as trustee of a trust, it represents and warrants that:
(a) it has full and valid power and authority under the trust deed of the relevant trust to enter into and perform its obligations under this agreement and to carry out the transactions contemplated by this agreement; and
(b) it has a right to be fully indemnified out of trust property in respect of all obligations and Liabilities incurred by it under this agreement and subject to applicable laws its right of indemnity out of, and lien over, the assets of the trust has not been limited in any way.
9. Miscellaneous
9.1 The Agency must not set-off, deduct or withhold any moneys which it may be or become liable to pay to CampaignAgent against any moneys which CampaignAgent may be, or become liable to pay to the Agency whether under this agreement or otherwise.
9.2 This agreement is governed by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.