1. Refunds. All fees are non-refundable.
  2. Confidentiality. All fees, services, documents, recommendations, reports, documents, emails, and deliverables provided by The Property Tribune to the Client, are confidential and must not be distributed to third parties without the prior written consent of The Property Tribune.
  3. Copyright. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to The Property Tribune for inclusion on the website are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend The Property Tribune and its subcontractors from any liability or suit arising from the use of such elements.
  4. Age. The Client representative confirms that they are over 18 years of age are fully and legally authorised to enter into a binding commercial agreement.
  5. Indemnity. The Client indemnifies The Property Tribune from all claims arising from Client behaviour, including but not limited to posting illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable content. Further the Client understands that The Property Tribune specifically prohibits the posting of such content and warrants not to post content that breaches this agreement. The Client also indemnifies The Property Tribune from all claims due to other forms of client behaviour. For the purposes of indemnification ‘claims’ means losses, actions, liabilities, damages, expenses and reasonable attorneys’ fees and court costs.
  6. Cancellation. The Property Tribune maintains the right to terminate this account at the sole discretion of The Property Tribune. In the event that work is postponed or cancelled at the request of the Client, The Property Tribune shall have the right to retain fees paid to date.
  7. Privacy. The Property Tribune will not provide any Client information to any third parties other than for purposes described in The Property Tribune’s privacy policy.
  8. No Warranties. To the extent permitted by law, The Property Tribune excludes all conditions, warranties and guarantees, whether express or implied, other than those expressly contained in this Agreement. Nothing in this clause is an attempt to exclude, restrict or modify, or should have the effect of excluding, restricting, or modifying the statutory warranties set out the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Where a condition, warranty or guarantee cannot be excluded, Client agrees that The Property Tribune’s liability is limited to re-supplying the Services or paying for the re-supply of the services. Each Party acknowledges, to the fullest extent allowable by law, that in entering into this Agreement it has not relied on any statement, representation, assurance or warranty other than as expressly set out in this Agreement. Each Party acknowledges, to the fullest extent allowable by law, that in entering into this Agreement it has not relied on any statement, representation, assurance or warranty other than as expressly set out in this Agreement.
  9. Modification of Terms and Conditions. The Property Tribune maintains the right to modify the terms and conditions at any time and at the sole discretion of The Property Tribune following written notice to the Client by email. If the Client deems the modifications to terms and conditions to be unreasonable, the client maintains the right to cancel the service within 14 days of receipt of said modifications as per normal terms of cancellation without being subjected to the modified terms and conditions.
  10. Pricing. The Property Tribune maintains the right to modify pricing at any time and at the sole discretion of The Property Tribune.  Any change in pricing will only take effect following 14 days written notice to the Client by email.  If the Client deems the change in pricing is unreasonable, the Client maintains the right to cancel the service within 7 days of receipt of the modified pricing as per normal terms of cancellation without being subjected to the modified pricing.
  11. Opportunity to Cure. Prior to any claim for damages being made, the Client must provide The Property Tribune with reasonable notice of any alleged deficiencies in performance and The Property Tribune shall have a reasonable opportunity to cure any alleged defect in performance.
  12. Venue. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into Perth, Western Australia, and any dispute will be litigated or arbitrated in Perth, Western Australia and the Client hereby consents to the exclusive jurisdiction of the Western Australian courts.
  13. Outstanding Invoices. If any invoice remains unpaid for more than 14 days, from the date of receipt of that invoice, we, at our absolute discretion, may choose not to undertake any further work for you (with respect to the project to which the agreement relates or any other project we are working on for you) until such time as that invoice is paid by you in full (including any outstanding interest).
  14. Acceptance and Payment. The Client shall not unreasonably withhold acceptance of, or payment for, services rendered by The Property Tribune. If, prior to completion of the project, the client observes any non-conformance with the requirements, The Property Tribune must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit, fees paid to date, and payment will be due for all additional labour or expenses incurred to date. All elements of the project must then be returned to The Property Tribune. Any usage by the client of those elements will be consider acceptance of the project and result in appropriate legal action. Client shall bear all costs, expenses, collection costs, debt collection costs, mercantile agent costs, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which The Property Tribune may become a party by reason of this contract.
  15. Limitation of Liability. Should there be legal dispute from the execution of this agreement, The Property Tribune’s liability shall be limited to the amount it has received from the Client as payment for its services.
  16. Nondisclosure. The Property Tribune, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about The Property Tribune to another party.
  17. Rapid Turnaround. The provisioning of rapid turnaround or special report services may be deemed to be out of scope to existing contract agreements. The Property Tribune reserves the right to charge additional monies to prioritise such projects ahead of pre-existing planned work. Rapid turnaround fees will be pre-negotiated.
  18. Client Availability. The Client shall make its personnel available to The Property Tribune for discussion, on the Client’s premises, or elsewhere subject to The Property Tribune’s agreement, in a reasonable timely manner.
  19. Subcontractors. The Property Tribune reserves the right to assign subcontractors to this project.
  20. Exclusivity. The Property Tribune does not warrant that they are providing services to the client on an exclusive basis unless otherwise stipulated. The Property Tribune may be providing services to other clients in the same area of business.
  21. Late Payment. In the event that payment is not received within the agreed payment terms in this quotation The Property Tribune shall be entitled to issue further invoices for late payment charges at a rate of 5% of the outstanding amount per calendar month or part thereof.
  22. Force Majeure. No Party is liable for any failure to perform, or delay in performing, its obligations under this Agreement if that failure is due to a Force Majeure event. If the failure or delay exceeds 60 days, the Party not subject to the Force Majeure event may terminate this Agreement immediately by giving notice to the other Party, without prejudice to any accrued rights or remedies of either Party. Force Majeure means any occurrence or omission, as a direct or indirect result of which the Party relying on it is prevented from or delayed in performing any of its obligations under this Agreement (other than a payment obligation), and that is beyond the reasonable control of that Party, including (but not limited to) occurrence of weather or other forces of nature and action or inaction by any government agency.
  23. No Poaching. For the term of this agreement and for the period of twelve (12) months thereafter, without the prior written consent of The Property Tribune, the Client shall neither directly or indirectly solicit or entice away, or seek or attempt to entice away directly or by assisting others, from the employment of The Property Tribune any person employed (or any person who has been so employed in the preceding twelve (12) months) by The Property Tribune.
  24. Placement Fee. For the term of this agreement and for the period of twelve (12) months thereafter, in the event that the Client employs or engages directly in any capacity with any person who at the time of the engagement, or who within twelve (12) months immediately prior, was employed by The Property Tribune, whether on a permanent, temporary or other basis, the Client will pay a placement fee to The Property Tribune in compensation for the loss of the employee, equivalent to the greater amount of either $50,000 ex GST, or of 20% ex GST of the person’s total remuneration package with the Client, including base salary, superannuation, allowances, inducement payments, anticipated commissions and earnings, and non-salary benefits such as provision of a motor vehicle.
  25. Client Approval. All materials for publication shall be submitted by The Property Tribune to the Client for prior approval before to publication. Following such approval, The Property Tribune shall not be liable to any person or entity for any loss or damage suffered by any party resulting directly or indirectly from such publication. The Client further agrees to indemnify The Property Tribune from any claim by any party in this regard.
  26. Client Actions. The Property Tribune is not responsible for the Client making any change which adversely affects the performance of the campaign.