Agent Terms & Conditions
Please read these terms carefully. They are a legal agreement between you and us that govern your use of the services. By using the services, you are agreeing to these terms.
If you do not agree to these terms, do not use any of the services. The website is provided on an ‘as is’ basis, with minimal warranties. You must act appropriately when using our website. These terms of use may change from time to time.
1. AGENT REGISTRATION AND ACCOUNT
1.1 If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of your IP on the Website and refuse to provide You with access to the Website. Agent agrees to notify Company immediately of any unauthorized use of Agent’s Account. Company shall not be liable for any unauthorized use of Agent Account.
2. RELATIONSHIP
2.1 Company operates as an independent third party facilitator in respect of any transaction and communication between users of Company and Agents.
2.2 Agent shall, in all matters relating to these Agent Terms, act as an independent contractor. In all such matters, Agent (or any of its representatives) shall not act as, or represent itself to be an partner of Company and shall have no right or authority to assume or create any obligation, liability, responsibility whatsoever, express or implied, or to bind Company in any way whatsoever unless expressly authorized in writing by Company.
2.3 Company takes no responsibility for the quality, safety or legality of the services, correspondence, monies, information and/or opinions provided by an Agent or vendor, or the accuracy, truthfulness or reliability of the information supplied by the Agent or vendor. All information is provided to you "as is" and on an "as available" basis.
3. YOUR OBLIGATIONS & RESPONSIBILITIES
3.1 You are a real estate salesperson with a current and valid license or certificate, of legal age, and capable of forming a legally binding contract. You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage. Agent must be the holder of a valid real estate license. Agent represents and warrants that (i) Agent have the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms and conditions of this Agent Agreement.
3.2 You will promptly maintain and provide us with updates of any changes in your license status.
3.3 All information you submit to us is true and complete and you will maintain and promptly update your profile or other information you provide to us or any customers.
3.4 You will not register or represent yourself as a prospective buyer or seller, even if you intend to buy or sell property.
3.5 All information you submit to Customers about your services is your responsibility.
3.6 You agree that a Client/Customer is any person or homebuyer/purchaser who submit home offers online.
3.7 You understand that we reserve the right to terminate the participation of any real estate professional for any reason at our sole discretion; and
3.7 You understand that we reserve the right to terminate the participation of any real estate professional for any reason at our sole discretion; and
3.8 You will pay us a listiing fee, as set forth under the Fees section below, for each listed property.
3.9 You must contact each homebuyer who placed an offer on your listed property.
3.10 You understand that offers you receive are just an Expression of Interest and they are not the contract of sale document. You must contact homebuyers and sign a legal contract of sale.
3.11 You agree, that in order to receive online offers, you must invite buyers to the Digioffer property offer page or send buyers property brochures with the Digioffer property ID link & QR code or send them Digioffer property offer page via email.
4. FEES AND PAYMENT
You agree to pay us the following fee:
4.1 Once you have created your account on our website, you agree to pay us the listed fee for our services.
4.2 When you list your properties on Digioffer, you agree to pay us the fees for our services as specified on our website.
4.3 You will be invoiced at the end of each month and must pay within 14 business days of the invoice date.
4.4 You agree that, if you fail to make payment of the fees due to us by the due date, then we may suspend your access to our services and any obligations the company has under the agreement until those amounts are paid in full. Prices are subject to change. Notice is always provided before any billing changes take effect.
5. AGENT'S DATA
5.1 Agents are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Website (“Agents’ Content”). Each Agent represents and warrants that he/she owns all intellectual property rights in the Agent’s Content and that no part of the Agent’s Content infringes any third party rights. Agent agrees to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website, by such Agent or through the Agent’s commissions or omissions. You acknowledge and agree for not to use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
5.2 Illegal and fraudulent information,
5.3 threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
5.4 Trojan horse, worm or other disruptive or harmful software or data; and
5.5 Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.
6. AGENT AND AGENCY PROFILE INFORMATION
6.1 We may receive property sales data and other information about an Agent and/or Agency by electronic data feed or via email, phone or the Website. Terms and Conditions of this clause will apply to both the data feed and the data contained in the data feed. Agent/Agency Agrees that, we will display Agent/Agency’s Profile information (e.g. name, email, phone, address) on our site. Further, Agent and/or Agency represent and warrant that:
6.2 data and information is true, accurate, current and complete;
6.3 the information, data feed, and any data does not infringe or violate any intellectual property rights or any legal or moral rights of any third party or any applicable laws;
6.4 We may use, disclose, display, rearrange or otherwise deal with any information or data feed data at any time and in any way that may be necessary or desirable for the purposes of our business; and
6.5 Agent/Agency has obtained all applicable consents, permissions and authorisations from relevant third parties in relation to the information, data feed and the data feed data.
7. Electronic Disclosure and eSignature Consent
Definitions
“You/ I/ We” means agent, user, client, customer.
“Signer” means a person designated by an agent or user to access and/or take action upon the Digital Documents sent to such individual via Digi offer signature.
“Signature” means the electronic signature service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for Digital Document via the Internet.
You/I/We understand and agree to consent;
- You understand that the Digital document e-Signature service is a free service on our platform. You will never be charged for e-Signature services on our platform.
- Receive electronic forms related to this property transaction, and
- Signing the document using an electronic signature under the Electronic Communications Act and subject to these terms.
This consent applies to all communication permitted at law to be made by electronic communication and signed under the Electronic Communications Act. You agree also to immediately notify the agent of any change to your email address and/or facsimile number.
The document displayed on-screen (“the document”) is for you to decide to sign and you must read it first and understand its contents and we advise printing the document and reading it before proceeding. It is attached as a pdf. All Initial areas will be completed automatically also.
If you chose to sign to the document using an electronic signature instead of a handwritten paper-based signature then you sign on the screen. You may need guidance in that process and if so ask the Agent who will guide you as to how to sign your electronic signature on to the screen.
By clicking “Accept” button when you receive a eDocument, you agree that you have read and understood the contents of the document and that by placing an electronic signature on the document, it is your intention to agree to the terms of the document and to be legally bound by those terms.
You also agree that you have been given suitable time to review and consider the contents of the document and to seek legal advice and or other professional advice in relation to it. So ensure you consider this before proceeding. You also acknowledge you have been given the opportunity to review and sign a physical copy of the document.
If you do not wish to sign this document by electronic signature, you should must click “Decline”
If you not wish to sign electronically you can sign the pdf form, once you print it, and then send that signed document by fax or scan and email to the Agent.
8. Changes
8.1 We may from time to time adjust the terms of the agreement. If we change our fee structure or part of the Services, including by adding extra service or fees or charges, company shall immidiately notify in advance of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Agent may terminate the agreement if the adjustments are deemed unsatisfactory.
9. Notices
9.1 Any notice required to be given under this agreement shall be in writing and signed by the person giving it and sent by electronic means.
10. TERMINATION
10.1 Either party may terminate this agreement with immidiate effect by giving the other party written notice on
support@digioffer.com.au
10.2 All pending invoices must be paid before the termination of this agreement.