Terms of Engagement
These Terms apply to all work carried out for you (the ‘Client’) by Real Estate Structure (the ‘Consultant’):
1. Services
The Consultant agrees to provide operations consulting and support services for real estate professionals as outlined in the Proposal (the "Services").
2. Fees and Payment
2.1 The Client agrees to pay the Consultant fees as set out in the Proposal for the agreed scope of services and any additional expenses (ie. travel, advertising, sub-contractors, subscriptions, printing etc). Work outside that scope will be charged on an hourly rate basis.
2.2 Invoices will be issued FORTNIGHTLY and are due within 7 days of receipt.
2.3 The Consultant reserves the right to delay or discontinue services if the account is overdue.
3. Client Responsibilities
The Client agrees to:
3.1 Provide timely access to necessary information and resources.
3.2 Review and respond to Consultant's requests promptly. The client acknowledges full responsibility for ensuring all information is accurate and any costs due to errors.
3.3 Pay invoices as per the terms in clause 2.
4. Consultant Responsibilities
The Consultant agrees to:
4.1 Provide the Services with reasonable skill, care, competence and diligence. Support is provided on working days and at the discretion of the Consultant on any other day.
4.2 Comply with all relevant laws and regulations, aligning with the REA Act 2008, Professional Conduct and Client Care Rules 2012 and other relevant legislation.
5. Confidentiality and Privacy
5.1 Both parties agree to keep all Confidential Information obtained during the provision of Services confidential and not to use or disclose this information to third parties unless permission is obtained or is required by law.
5.2 The Consultant will comply with the Privacy Act 2020 in handling any personal information.
6. Intellectual Property
6.1 Any pre-existing intellectual property remains the property of its original owner.
6.2 New intellectual property created specifically for the Client as part of the Services will be assigned to the Client upon full payment.
6.3 The Consultant retains the right to use general knowledge and skills acquired during the engagement.
7. Limitation of Liability
7.1 The Consultant's liability under this engagement is limited to the total fees paid by the Client.
7.2 The Consultant is not liable for any indirect or consequential losses.
8. Disclaimer
The Consultant provides advice and recommendations only. The Consultant cannot and does not guarantee any particular financial or business outcomes as a result of this engagement. The Client is responsible for any decisions or actions taken based on this advice.
9. Termination
9.1 The engagement will be terminated upon completion of the Services as per the Proposal or at such time as agreed by both parties in writing.
9.2 Either party may terminate our engagement with 5 working days written notice at any time. All fees for the Services performed and expenses incurred up to the date of termination are payable and non-refundable.
10. Complaints and Dispute Resolution
Any complaints or disputes will first be addressed through good faith negotiations. Please tell us promptly if you are unhappy with, or uncertain about any of our work or billing. If unresolved, the dispute will be submitted to mediation before any legal action is taken.
Authority to commence work, whether by signature or email confirmation, provides acknowledgement that you have read, understood and accepted these Terms of Engagement.
Real Estate Structure
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