This Agreement is entered into between Realty Guru (the “Company”) and the Contractor (the “Service Provider”).
1. REGISTRATION & SET-UP FEES
1.1 A one-off, non-refundable Commitment & Set-up Fee of $300:
A one-off, non-refundable Commitment & Set-up Fee of $300 is payable upon registration. This fee covers system configuration, service area programming, artwork/logo uploads, and initial marketing campaigns.
1.2 Fee Waiver:
Should the Contractor successfully complete work exceeding $5,000 (ex GST) within the first 12 months of this Agreement, the annual renewal fee for the subsequent year will be waived.
2. CLIENT OWNERSHIP & REPRESENTATION
2.1 Exclusivity of Leads:
All clients introduced or acquired via Realty Guru marketing remain the exclusive clients of the Company during and after the termination of this Agreement.
2.2 Administrative Representation:
The Company retains the right to communicate with clients under the Contractor’s trade name for billing, administration, and project management purposes. This right extends beyond termination until all "Work in Progress" (WIP) is finalised.
2.3 Project Tracking:
All jobs are identified by the Property Address. Any quote accepted by a client introduced by the Company—regardless of quote expiration or Agreement termination—remains subject to the agreed commission.
3. PAYMENT TERMS & COMMISSION
3.1 Commission Accrual:
Commission is earned and payable upon Job Acceptance (the "Go-Ahead"), not upon final client payment.
3.2 Invoicing:
The Company will issue weekly invoices for all accepted jobs.
3.3 Terms:
Standard payment terms are seven (7) days from the date of invoice. Any extension of these terms must be requested in writing and is subject to the Company's express approval.
4. INTELLECTUAL PROPERTY (IP) & SYSTEMS
4.1 Ownership:
All systems, software, marketing materials (excluding initial flyers), and intellectual property developed by the Company remain the sole property of Realty Guru.
4.2 Restricted Use:
Use of the Company’s IP or systems following termination is strictly prohibited and may result in a claim for damages.
4.3 Communication Channels:
Exclusive email addresses provided for the Contractor will be maintained by the Company post-termination to finalise WIP. These will be handed over to the Contractor only after all outstanding jobs are closed. All Company phone and fax numbers remain the property of Realty Guru.
5. TERM & RESTRAINT OF TRADE
5.1 Duration:
This is a twelve (12) month fixed-term contract. There is no trial or cooling-off period.
5.2 Non-Solicitation:
For a period of twelve (12) months following termination, the Contractor strictly agrees not to solicit, "target", or perform any work for any past or present clients within the Realty Guru system. Doing work "off the books" for Company leads is a material breach of contract.
6. TERMINATION
The Company reserves the right to terminate this Agreement immediately if the Contractor:
A. Professional Standards:
Fails to maintain professional standards or quality of workmanship.
B. System Data:
Fails to provide necessary data for the online management system.
C. Service Level Agreements:
Fails to meet Service Level Agreements (SLAs) or performance benchmarks.
D. Commission Payments:
Fails to make weekly commission payments within the 7-day term.
E. Misconduct:
Engages in misconduct (e.g., theft, substance use on-site, or bringing the Company into disrepute).
F. Conflict of Interest:
Engages in a conflict of interest or attempts to circumvent the Company’s billing system.
7. POST-TERMINATION SETTLEMENT
7.1 Outstanding Payments:
All outstanding monies owed to the Company must be settled within seven (7) days of termination.
7.2 Client Database Marketing:
The Company retains the right to market to the existing client database on behalf of other contractors following the termination of this Agreement.