User and Agency Registration (Realty Assist)

VPA 'Pay later' CUSTOMER SERVICE AGREEMENT

THIS AGREEMENT is made the 14th day of June 2021

BETWEEN

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

AND

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

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

(a)              the Customer has engaged the agency identified in the Schedule (Agency), on an exclusive basis, to incur costs, on the Customer's behalf, for advertising and marketing, styling and staging, cleaning and pest control, minor repairs, safety, minor interior and/or exterior improvement and/or replacement of interior floor or wall coverings showing wear and tear (Services) in connection with the proposed sale of the Customer's property (Property) that is identified in the Schedule (Property Service Costs);

(b)              the Agency has issued the Customer with an invoice for the Property Service Costs (Customer Invoice), the Customer has agreed to a 'Pay Later' option in respect of the Customer Invoice and VPACollect has agreed to pay that invoice in the amount set out in the Schedule (Customer Invoice Debt) on the Customer's behalf in return for the Customer agreeing to pay the following fees (Fees) to the VPACollect:

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

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

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

(c)              the Customer has agreed with VPA Collect to pay the Fees in respect of the Customer Invoice Debt in accordance with the terms of this deed;

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

(i)                 in the event that the Customer sells the Property (through the Agency or otherwise), the Customer must pay the Customer Outstanding Amount to VPACollect from the settlement proceeds received in relation to the sale of the Property immediately.  In this regard, the Customer irrevocably authorises both VPACollect to collect, and the Agency (or the relevant settlement agent) to pay, the amount of the Customer Outstanding Amount to VPA Collect from the sale proceeds of the Property; or

(ii)                otherwise on the due date set out in the 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);

(e)              the Agency is responsible for booking and delivering the Services, and all other services relating to the sale of your Property and VPACollect does not have any control over and is not responsible for providing the Services.  To this end, any queries that the Customer has in relation to the Services should be raised directly with the Agency and not VPACollect;

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

(g)              the Customer must immediately give written notice to VPACollect when the Property is under contract to be sold and the proposed settlement date of the sale of the Property;

(h)              as security for payment of the Customer Outstanding Amount, the Customer hereby charges any present or future interest the Customer has in the Property (the Charge) and the Customer consents to VPACollect lodging a caveat over the Property, or registering any other security that VPACollect deems fit, for the Charge;

(i)                 if the Property is in Queensland, VPACollect may require the Customer to execute and deliver to VPACollect appropriate Queensland Land Registry documents to enable VPACollect to record, register or protect the Charge. The Customer irrevocably appoints VPACollect as the Customer's attorney to execute any such documents if the Customer fails to execute them with 7 days of our request.  The Customer also authorise third parties to act on a declaration or oath of the attorney as to any facts supporting the exercise of this power and to accept it as evidence of same; and

(j)                 the Customer agrees to the way in which VPACollect handles personal information of the Customer in accordance with its privacy policy on VPACollect'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 VPACollect promptly if its contact details change (including any changes to their phone number or email address).

(c)              VPACollect'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 VPACollect.

(e)              The Customer must notify VPACollect 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 VPACollect that each of representations and warranties made by the Customer to VPACollect 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 finance to the Customer by VPACollect in accordance with this deed does not fall within the National Consumer Credit Protection Act 2009 because it is exempt and therefore VPA Collect 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; and

(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 Customer will use any goods purchased under this agreement as they are intended to be used by the manufacturer, and not in any way which would be dangerous or cause harm; and

(vii)             the Customer has conducted their own due diligence on the Services and the suitability of the Services for the Customer's purposes.

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

(c)              The Customer agrees that VPACollect may set-off any amount owed by VPACollect under this deed against any amount owed to VPACollect under this deed, and that VPACollect'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 VPACollect in relation to the Services or any other matter provided for in this deed.

(d)              The Customer agrees that VPACollect 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 VPACollect (without further notice).

In the event that either:

(a)              the exclusive contract entered into by the Customer with the Agency for sale of the Property is terminated;

(b)              the Customer withdraws the Property from sale;

(c)              the Property is destroyed or materially damaged by any event; or

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

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

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

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

(a)              VPACollect 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. VPACollect may disclose personal and credit information about the Customer in connection with any such dealing. The Customer must sign anything and do anything VPACollect 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.

7.                 complaints handling

VPACollect 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 VPACollect's Complaint's Manager (as detailed in our 'Complaints Policy' published on VPACollect's website), VPACollect will deal with the complaint in accordance with the Standard and the Complaints Policy.

8.                 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.

9.                 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 an agreement.

Name:

IP Address:

34.239.157.140

Latitude:

37.751

Longtitude:

-97.822

City:

State:

Country:

United States


Schedule – vpa customer service agreement

Customer:

Agency:

VPA AGREEMENT

Property:

Approved Invoice #:

Effective Date:

14/06/2021

Due Date:

12/08/2021

 

11.                 Approved client InVoice

Invoice Date:

14/06/2021

Amount of Customer Invoice Debt:

$0.00

 

12.                 Fee Schedule

Amount of Customer Invoice Debt:

$0.00

Upfront Credit Fee (4% (including GST) of the face value of the Customer Invoice):

$0.00

Outstanding Amount payable to VPACollect by the Customer if the Customer Invoice Debt and other fees are paid on the Due Date (that date which is 60 days from the Effective Date).2

$0.00

Note:

1.            Interest on overdue amounts will be charged at a rate of 1.25% of the Customer Outstanding Amount payable every 30 days after the Due Date until such time that the Customer Outstanding Amount is paid to VPACollect in full.

2.            The date on which the Customer Invoice Debt and other fees are paid to VPACollect 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.  VPACollect recommends that, if paying the Customer Outstanding Amount on any day other than the date set out above, the Customer contacts VPACollect for an updated payout sum.

3.            The fees and interest payable to VPACollect 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).