User and Agency Registration (RealtyAssist)

BondCollect ‘Pay later’ CUSTOMER SERVICE AGREEMENT

THIS DEED is made the 29th day of September 2021

BETWEEN

REALTY ASSIST AUSTRALIA PTY LTD (ACN 639 613 808) trading as BondCollect of 47 Hay Street, Subiaco, Western Australia (BondCollect);

AND

THE PARTY IDENTIFIED AS THE CLIENT IN THE SCHEDULE (Customer).

By entering this deed, the Customer and BondCollect agree to the following:

(a)              the Customer has, through the agency identified in the Schedule (Agency), agreed to lease the rental property identified in the Schedule (Leased Property);

(b)              in respect of the Leased Property, the Customer is required to pay a rental bond (Customer Rental Bond), the Customer has agreed to a ‘Pay Later’ option in respect of the Customer Rental Bond and BondCollect has agreed to pay the amount set out in the Schedule (Customer Rental Bond Debt) on the Customer’s behalf in return for the Customer agreeing to pay the following fees (Fees) to the BondCollect:

(i)                 an upfront credit fee, in the amount set out in the Schedule, in return for BondCollect advancing the Agency the amount of the Customer Rental Bond Debt in payment of the Customer Rental Bond;

(ii)                one or more incremental interest fees on the outstanding amount of the Customer Rental Bond Debt at the rate set out in the Schedule; and

(iii)               the other fees and charges in respect of the Customer Rental Bond Debt as set out in the Schedule (including late fees and legal fees);

(c)              the Customer has agreed with BondCollect to pay the Fees in respect of the Customer Rental Bond Debt in accordance with the terms of this deed;

(d)              the Customer agrees that the Customer Rental Bond Debt, the Fees and any other amounts provided for in this deed (Customer Outstanding Amount) are a debt owing to BondCollect and the Customer must pay the Customer Outstanding Amount as follows:

(i)                 in accordance with the Payment Schedule (with late fees, interest and legal fees, on a full indemnity basis, payable in the event that payment is not made by the Customer in full on or before this date); or

(ii)                on the date otherwise agreed upon by the Customer and BondCollect or as provided for in this deed;

(e)              BondCollect will, on request, provide a statement to the Customer of the amounts owing under this clause and elsewhere in this deed;

(f)                if the Customer is waiting for return of a rental bond from a previously leased property, the Customer must immediately give written notice to BondCollect when the Customer is returned that rental bond and must apply those rental bond monies in repayment of the Customer Outstanding Amount; and

(g)              the Customer agrees to the way in which BondCollect handles personal information of the Customer in accordance with its privacy policy on BondCollect’s website (as amended and updated from time to time).

2.                 notices and communications

(a)              All notices, statements, and reminders under this deed must be sent in writing (by post or email only).

(b)              The Customer must tell BondCollect promptly if its contact details change (including any changes to their phone number or email address).

(c)              BondCollect’s contact details are set out on its website and other communications, or as notified to the Customer from time to time.

(d)              The Customer agrees to regularly check their nominated communication methods for correspondence from BondCollect.

(e)              The Customer must notify BondCollect immediately if they become unable to meet their payment obligations in this deed.

3.                 Representations, Warranties and claims

(a)              The Customer hereby confirms, represents and warrants to BondCollect that each of representations and warranties made by the Customer to BondCollect as set out below are true and correct in all respects:

(i)                 the information in clause 1 is true and correct and the Customer will strictly comply with the terms of clause 1;

(ii)                the Customer has the financial means to pay the Customer Outstanding Amount on the due date and understands its obligations under this deed;

(iii)               the Customer is 18 years or over, has due authority to enter into this deed, fully understands its obligations in relation to this deed and had the opportunity to take professional advice prior to entering into this deed; and

(iv)              the provision of credit to the Customer by BondCollect in accordance with this deed does not fall within the National Consumer Credit Protection Act 2009 because it is exempt and therefore BondCollect is not legally required to observe the Act’s responsible lending obligations, which include performing a credit check and verifying the Customer’s income and ability to pay a debt back;

(v)               the Customer is not an undischarged bankrupt and has no reason to believe they may become insolvent at the time of executing this deed; and

(vi)              the Leased Property to which the Customer Rental Bond relates is located in Australia

(b)              In addition, the Customer indemnifies BondCollect against any liability, loss, cost, damage, expense or claim (including legal costs on a full indemnity basis) incurred or suffered by BondCollect as a direct or indirect result of a breach by the Customer of this deed (including any of the representations and warranties).

(c)              The Customer agrees that BondCollect may set-off any amount owed by BondCollect under this deed against any amount owed to BondCollect under this deed, and that BondCollect’s liability to make payment will be reduced by the extent of any such set-off.  For the avoidance of doubt, the Customer has no right of set off or other claim against BondCollect in relation to the Services or any other matter provided for in this deed.

(d)              The Customer agrees that BondCollect is not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy other than if we are negligent.

(e)              In the event the Customer is in default under this deed, the full amount of the Customer Outstanding Balance becomes immediately due and payable to BondCollect (without further notice).

4.                 Direct debit

(a)              The Customer agrees to BondCollect making arrangements with their nominated financial institution to debit from the nominated account in accordance with the Schedule and when other applicable fees and charges arise.

(b)              The Customer must ensure that there are sufficient funds in the nominated account to allow the payment to be made in accordance with the Schedule.

(c)              The Customer agrees that BondCollect is not liable to pay any fee or interest the Customer incurs from their nominated financial institution in relation to direct debit payments made to BondCollect.

In the event that either:

(a)              the lease agreement in respect of the Leased Property is withdrawn or terminated for any reason; or

(b)              the Customer no longer has the benefit or possession of the Leased Property for any reason,

it does not impact the validity of, or otherwise vary, this deed (except as provided herein).  In this circumstance:

(c)              this deed will remain in full force and effect, and the Customer must continue to abide by its terms and conditions; and

(d)              the Customer must pay the Customer Outstanding Amount to BondCollect within 5 business days of the occurrence of the event outlined above.

6.                 Assignment

(a)              BondCollect may assign, novate, or otherwise deal with its rights under this deed and any document or agreement entered into or provided under this deed in any way we wish. BondCollect may disclose personal and credit information about the Customer in connection with any such dealing. The Customer must sign anything and do anything BondCollect reasonably requires for these purposes.

(b)              The Customer must not assign, novate, transfer, or deal with its rights or obligations under this deed.

This deed is governed by the laws of Western Australia, and the parties to submit to the jurisdiction of the courts and tribunals of that state.

8.                 complaints handling

BondCollect agrees to the following:

(a)              to conform with the Australian Standard AS ISO 10002-2006 Customer satisfaction – Guidelines for complaints handling in organizations (ISO 10002:2004 MOD) published by SAI Global Limited on 5 April 2006 (Standard) for handling complaints; and

(b)              if the Customer has a complaint and sends it in writing to BondCollect’s Complaint’s Manager (as detailed in our ‘Complaints Policy’ published on BondCollect’s website), BondCollect will deal with the complaint in accordance with the Standard and the Complaints Policy.

9.                 counterparts

This deed may be signed by the parties in different counterparts and the signature pages combined to create a document binding on all parties. A transmission of an image of this deed showing a signature will have the same binding effect as an original bearing an original signature. No party may raise the use of a facsimile machine or other image transmission device or method or the fact that any signature was transmitted as an image as a defence to the enforcement of this deed.

10.              time

Time is of the essence of this deed, it being understood that each date set forth herein and the obligations of the parties to be satisfied by such date have been the subject of specific negotiation by the parties.

 

 

Executed by the parties as a deed.

Name:

IP Address:

3.227.235.216

Latitude:

39.0481

Longtitude:

-77.4728

City:

Ashburn

State:

Virginia

Country:

United States


Schedule – Bondcollect customer service agreement

Customer:

Agency:

BC TERMS

Leased Property:

Effective Date:

29/09/2021

Due Date:

24/11/2021

 

1.                 Approved client InVoice

Invoice Date:

29/09/2021

Amount of Customer Rental Bond Debt:

$0.00

 

2.                 Fee Schedule

Amount of Customer Rental Bond Debt:

$0.00

Upfront Credit Fee (5% (including GST) of the face value of the Customer Rental Bond):

$0.00

Incremental Interest Charge (an additional charge equal to 3% on the Customer Outstanding Amount charged on the 56th day):

$0.00

Outstanding Amount payable to BondCollect by the Customer if the Customer Rental Bond Debt and other fees are paid on the Due Date (that date which is 56 days from the Effective Date).2

$0.00

Note:

1.            Interest on overdue amounts will be charged at a rate of 24% per annum of the Customer Outstanding Amount payable every 30 days after the Due Date until such time that the Customer Outstanding Amount is paid to BondCollect in full.

2.            The date on which the Customer Rental Bond Debt and other fees are paid to BondCollect will vary the final Customer Outstanding Amount payable.  The above figure represents the Customer Outstanding Amount payable in the event the Customer pays this amount on the date set out above.  BondCollect recommends that, if paying the Customer Outstanding Amount on any day other than the date set out above, the Customer contacts BondCollect for an updated payout sum.

3.            The fees and interest payable to BondCollect will not exceed the maximum amount prescribed by Section 6(1) of Schedule 1 to the National Consumer Credit Protection Act 2009 (as at 1 November 2020 equal to 5% in credit fees and an annual interest rate of 24% per annum).