Contract Review Request – Terms & Conditions

Section 1 – The Services we will provide

• Service level
  • Through the Portal we can be engaged to provide the Services relating to Contracts and Vendor’s Statement (collectively referred to as “the Contract”) for existing or new residential properties that are on the market for private sale or auction. We will provide the Services subject always to these terms and conditions.
  • We recommend that before you agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
  • Our timelines and pricing for the Services relating to the Contracts for existing residential properties (i.e. houses and apartments) are as follows:
    • same business day review subject to the Contract being a standard contract (i.e. containing the usual terms and being a contract commonly used in the market) uploaded on our Portal and payment being made and/or received in full by us at or before 10:00am. Should the Contract be uploaded after this deadline, commencement of the requested turnaround time will be deemed the next business day, or;
    • Next business day turnaround and 2-3 business day turnaround are subject to the Contract being uploaded on our Portal and payment being made and/or received in full by us at or before 3:00pm. Should the Contract be uploaded after this deadline, commencement of the requested turnaround time will be deemed the next business day.

Note that we will only deliver the Services when the Contract is uploaded properly and with full payment as set out in paragraph 3.1(a) is received.

• Should you wish to obtain a review of a Contract for off-the-plan properties, pre-titled land, company share properties, stratum title properties and commercial and industrial properties please do not submit it through our online portal as contracts of this nature are on a case by case basis. In addition, if the Contract exceeds 15MB in size we ask that you do not submit it through the portal. If your Contract falls into any of the aforementioned categories please contact our office and we will provide a quotation and timeline for same.
• Our aim is to always provide you with the Services:
  • using reasonable care and skill, and;
  • in compliance with commonly accepted practices and standards as established from time to time by the Australian Institute of Conveyancers and in compliance with laws and regulations of the State of Victoria in force at the time we are carrying out the Services.
• In providing the Services, we will not, unless otherwise agreed by us:
  • consider the appropriateness of your prospective purchase in light of your personal or financial circumstances;
  • advise you on the tax or other financial implications of the purchase, including the appropriateness of your proposed manner of holding;
  • assess your eligibility to grants, concessions or exemptions;
  • assess your or the property’s eligibility for mortgage financing;
  • consider your residency status;
  • provide advice on current market conditions;
  • advise you regarding execution of the Contract;
  • negotiate or otherwise liaise with a real estate agent on your behalf;
  • negotiate or otherwise liaise with the vendor on your behalf, nor;
  • order any searches or certificates which may be necessary to ascertain more information about the property.
• Cooling off
  • Your right to cool off
    • You are able to terminate this Agreement without cause within 2 hours of your entering in to this Agreement. If you terminate the Agreement pursuant to this clause you will not be charged for any Services and your payment will be refunded in full within 7 days of your payment being received by us.
  • Our right to cool off
    • We reserve the right to at our absolute discretion terminate this Agreement absolutely and without cause within 2 hours of your acceptance of this Agreement. If we terminate the Agreement pursuant to this clause you will not be charged for any Services and your payment will be refunded in full.
  • Price, estimates and payment
    • Our charges based on a quotation
      • The price (exclusive of GST) for the review is as follows:
        • 2-3 business day review $260.00
        • Same business day review $415.00
        • One business day review $310.00
      • This pricing relates strictly to our fees for the review of the Contract and the issuing of our letter of advice. The scope of our review expressly excludes consideration of your personal circumstances and any follow-up questions you may have upon reading the advice.
      • We may need to charge you a higher amount than stated in the quotation. This can occur for a number of reasons, but most commonly where the scope of the Services increases or is different to what we and you agreed before we started performing the Services.
    • Additional charges
      • Where additional work is required to complete the Services pursuant to paragraph 1, we will charge for the additional work as follows:
        • Hourly rate of $250.00 plus GST, or;
        • At an agreed additional fixed cost.
      • When payment is required
        • Payment for the Services will be made through the portal.
        • We will not complete the Services until payment is received by us fully and in cleared funds
        • Notwithstanding the above, payment will be deemed to be received on the following basis:
          • if payment is made by credit card, when our ecommerce provider confirms to us that payment has been received by them, or;
          • if payment is made by direct debit, when a valid receipt for the EFT transfer is provided to us.

Section 2 – Your personal information and Confidentiality

• Privacy
  • You hereby agree that the information you provide to the Portal will be retained by Accord for its own use and benefit absolutely.
  • The above notwithstanding, all information collected by us is managed in accordance with our privacy policy which relates strictly to this Portal and no other website, link or URL which you may be able to access or referred to through our Portal. Our Privacy Policy can be found at https://accordconveyancing.com.au/privacy-policy/
• Confidentiality
  • The Parties hereby agree and acknowledge that the Services provided by Accord through the Portal are commercial in confidence, and that any document relating to the Services contains copyrighted material and is strictly for the use of the Parties.
  • You expressly agree to not copy, reproduce, republish, upload, post, transmit, display publicly, or distribute any document in any way relating to the Services to any persons or organisations whatsoever unless with the express prior written consent of Accord. Furthermore, you will indemnify Accord for any loss or damage relating to this clause.

Section 3 – Disclaimer

• Exclusion and limitation of liability
  • We will only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this Agreement.
  • We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including for loss of profits, goodwill, information, data or other intangible losses), even if we have been advised of the possibility of such loss or damage, resulting from:

1. The use or inability to use the Portal;
2. The security, authenticity, integrity, or confidentiality of any transactions and other communications made through the Portal;

• Unauthorised access or alterations of your transmissions to or from the Portal;

1. Statements or conduct of any third party, including those who manage or operate internet technologies relating to the Portal, and;
2. Any other matter relating to this portal.

• Nothing in this agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer law, Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement.
• The above notwithstanding, except as otherwise specified in these terms and conditions, we make no implied or express warranties in relation to the use of the Portal or our Services. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.
• In the event that we are liable to you:

1. to the fullest extent permitted by law, our lability for any breach of a non-excludable guarantee referred to in paragraph 6(c) will be limited, at our option, to one or more of:
   • the supplying of the Services again, or;
   • the payment of the cost of having the Services supplied again;
2. for clarity and to the maximum extent permitted by law, our aggregate liability upon any claims howsoever arising out of or relating to this Agreement, the Portal or the Services will in any event be limited to the cost of supplying the Services.

Section 4 – Other Terms

• Situations or events outside our reasonable control
  • There are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph 7(b)). Where one of these occurs, we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved.
  • The following are examples of events or situations which are not within in our reasonable control:
    • the Contract is incomplete;
    • the Contract is unreadable or encrypted;
    • the Contract is of abnormal complexity or length;
    • the Contract relates to a new property or a commercial property and you have paid for the review of a standard Contract;
    • the Contract relates to a property not located in the State of Victoria;
    • the Contract raises a novel or unusual point of law that requires consultation with external sources;
    • you contact us outside of the Portal with additional information or requests;
    • you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait to receive additional information from third parties),or;
    • other some unforeseen or unavoidable event or situation (including without limitation any interruption to internet connectivity) which is beyond our control.
  • If there is a delay due to event that falls under this paragraph, we will attempt to notify you of same as soon as possible and to seek your instructions as to whether or not we should proceed with the Services.
  • For the avoidance of doubt, the occurrence of an event in accordance with this clause is deemed to constitute a variation of this Agreement and we reserve our right to amend our estimate to complete the Services accordingly if necessary to do so. If you do no accept our revised estimate, you may terminate this Agreement in accordance with paragraph 1.
• Communicating with us
  • If you wish to send us any notice or letter then it needs to be sent to the email address below.
  • If we wish to send you a letter or notice we will use the email address you have provided to the Portal.

You can contact us on:

• Termination
  • Termination of the Agreement by you
    • Once we and you enter into this Agreement you are not be able to terminate the Agreement except where we agree or as otherwise provided for in this Agreement (e.g. cooling off under paragraph 2).
    • If you terminate this Agreement and we accept your termination, any refund of the fees paid to us will be at our sole discretion and commensurate with our efforts to the date of termination. Noting further that if, following the termination, the amount owing to us is greater than the payments already made, we at our absolute discretion reserve the right to invoice you for the amount in excess of the payments.
    • If you:
      • purport to terminate the Agreement; or
      • give notice purporting to terminate the Agreement; or
      • otherwise do not fulfil your obligations (such as by failing to respond or communicate with us in a timely manner) in a way which amounts to you terminating the Agreement,

we do not have to accept your termination of the Agreement. However, we may at our discretion accept termination of this Agreement, and in such an event you will be charged for work done in accordance with paragraph 9.1.

• Termination of the Agreement by us
  • Should an event outside of our reasonable control occur (a list of such events is can be found in clause 7(b)), we may at our sole discretion elect to terminate the Agreement.
  • If we terminate the Agreement under this clause you will not be charged for any Services and your payment will be refunded in full.
• Law and jurisdiction
  • This agreement takes effect, is governed by, and is construed in accordance with the laws from time to time in force in the State of Victoria, Australia.
  • The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.
• Definitions

we, us or our is a reference to Nifoja Nominees Pty Ltd ACN 133 558 273 trading as Accord Conveyancing (“Accord”).

you or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide.

Agreement means the contract formed when you agree for us to provide the Services pursuant to the terms and conditions of this document.

Business day is a day which is not a Saturday, Sunday or public holiday in the State of Victoria.

Contract means the Contract of Sale and Vendor Statement, along with any relevant annexures or enclosures, uploaded by you to the Portal.

Parties is a reference to both us and you.

Portal is the contract review portal available through the Accord website.

Services means the review of the Contract and provision of a written letter of advice.