Terms & Conditions - Campaigntrack

These Terms & Conditions apply to property vendors campaigntrack’s CampaignAdvance solution for paying for their for sale property’s advertising and marketing:

TERMS AND CONDITIONS

Definitions

Campaigntrack means Campaigntrack Pty Ltd a company incorporated in Australia (ACN 142537988).

Campaignadvance is the name of the PayLater solution offered by Campaigntrack Pty Ltd.

Deposit Holder means the person or entity that holds any deposit relating to a sale of the Property, which includes the Agent or any solicitor or conveyancer.

Discount Price means the discount afforded from the Price for You agreeing to pay Campaigntrack for the Services immediately (PayNow).

Marketing Schedule means the document prepared by the Agent that sets out the marketing and advertising goods and services and any quoted additional items that are itemised in the Marketing Schedule associated with this agreement and that You agree to purchase from Campaigntrack in relation to a sale of the Property

PayLater means deferring the payment of the full amount of the Marketing Schedule as quoted by the Agent using Campaigntrack, until settlement or otherwise as permitted under the PayLater agreement.

PayNow means paying up-front the full amount of the Marketing Schedule as quoted by the Agent using Campaigntrack, and includes a Discount for paying in advance (Discount Price).

Price means the total amount set out in the Marketing Schedule

Property means the property that You are selling through the Agent and which is set out in this Agreement.

Services means the services and/or goods that are set out in the Marketing Schedule and any additional services ordered or requested by You after the date of this Agreement

You means the person(s) who has engaged Campaigntrack under this contract

Agreement for provision of advertising and marketing services and products
1. This Agreement consists of the completed details on page one, these terms and conditions and the Marketing Schedule.
2. Campaigntrack agrees that it will supply the Services to You in accordance with the terms of this Agreement.
3. You acknowledge that You have appointed the Agent to act on your behalf in obtaining the Services. You hereby authorise the Agent to deal with Campaigntrack as your authorised agent in relation to the ordering and supply of the Services and acknowledge that You will be bound by the actions of the Agent.
4. You agree that if You or the Agent orders or requests the supply of additional services from Campaigntrack after the date of this Agreement then those additional services will be supplied by Campaigntrack under these Terms and Conditions and will be invoiced and payable at the same time as the Services. Any services ordered or requested after an invoice has been issued will be the subject of a further invoice issued under clause 4.

Obligations and liability
1. Campaigntrack will provide the Services:
  1. In accordance with best industry practice;
  2. With all due care, skill and diligence and in a proper and workmanlike manner; and
  3. To the required level of quality and performance.
2. If the Services include goods and/or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption then Campaigntrack’s liability to You for any failure to comply with a statutory guarantee will be limited to the following, at Campaigntrack’s election:
  1. In relation to goods, the replacement of the goods, the repair of the goods, the payment of the cost of replacing the goods, or the payment of the cost of having the goods repaired.
  2. In relation to services, the supplying of the services again or the payment of the cost of having the service supplied again.
3. You acknowledge that Campaigntrack will be obtaining services or goods from third party service providers on your behalf. If You raise any claim relating to any product or service provided by a third party supplier You agree that You will pursue all available rights against that third party before You seek any remedy from Campaigntrack.

Billing and payment
1. Subject to clause 4.2 You agree to pay the Price and the Price for any additional services ordered or requested under clause 2.4 to Campaigntrack.
2. If You have elected to claim the Discount Price, by using PayNow, it is payable immediately and Campaigntrack will issue an invoice for the Discount Price after payment is made. Campaigntrack will be under no obligation to provide the Services until the Discount Price has been paid by You if you have elected to pay that amount by choosing to PayNow.
3. If you have not elected to claim the Discount Price, you are opting to PayLater and Campaigntrack will issue an invoice for the Price on the 25^th day of the month following the date of this Agreement. Such invoices will be payable on the earlier of:
  1. The 25^th day of the second month from the date of invoice (for example, an invoice issued on 25 June will be payable on 25 August);
  2. Settlement of the sale of the Property;
  3. If the Property ceases being actively marketed or is withdrawn from sale; or
  4. If the Agent’s instructions have been withdrawn.
4. In addition to clause 4.3, if any of the following occur before the 25^th day of the month following the date of this Agreement Campaigntrack will issue an invoice payable immediately for payment of all Services that have been committed to or provided or that have been ordered from Campaigntrack and/or and third party suppliers to that date and it will be under no obligation to provide further Services.
  1. Settlement of the sale of the Property;
  2. The Property ceases being actively marketed or is withdrawn from sale; or
  3. The Agent’s instructions have been withdrawn.
5. The Price includes a service charge of 3.5% of the cost of the Services together with an interest charge of 2% of the cost of the Services. If an invoice is payable earlier than the 25^th day of the second month from the date of invoice under clauses 4.3 then the amount of interest payable will be reduced on a pro-rata basis calculated daily to the date that payment is due or made to a minimum of the equivalent of 24% of the cost of the Services per annum calculated daily, if the interest would otherwise exceed that amount. Campaigntrack will credit the reduction in interest to your account through the vendor portal.
6. No interest under clause 4.5 will be payable on invoices issued under clause 4.4 but the service charge will be payable and interest under clause 6.3.1 will be payable if payment is not made when it is due.
7. If You have authorised payment by credit card then You agree that:
  1. Campaigntrack is authorised to charge all payments due under this Agreement to the credit card when those amounts become payable; and
  2. You agree to pay to Campaigntrack any applicable credit card surcharge and authorise Campaigntrack to add the amount of the surcharge to the amount payable by You.
8. You hereby irrevocably authorise the Deposit Holder to pay all amounts owed by You to Campaigntrack under the terms of this Agreement from the deposit held and You consent to such payment being made at the time You become entitled to payment of the deposit. If You are entitled to payment of a deposit from the Deposit Holder it is agreed that the Deposit Holder will hold that portion of the deposit representing amounts owed by You to Campaigntrack on trust for Campaigntrack to be paid as Campaigntrack directs.
9. You agree to make all payments owed to Campaigntrack without set-off for any amounts that You claim are owed to You by Campaigntrack. If You are entitled to any reimbursement or refund for the Services You agree that Campaigntrack may pay the Agent those amounts and that the Agent will hold the funds on your behalf and pay them as directed by You.

GST
1. Unless expressly stated otherwise, all amounts payable by You are inclusive of GST.
2. If the supply of the Services is subject to GST and the consideration for the supply is not inclusive of GST then You must pay the amount multiplied by the applicable GST rate and it is payable at the same time as payment for the Services.
3. If You are entitled to be reimbursed or indemnified under this Agreement then the amount to be paid to You will not include any amount for which you are entitled to claim an input tax credit.

Default
1. If either party fails to comply with the terms of this Agreement the non-defaulting party may issue a notice to the defaulting party requiring the default to be rectified within 7 days. If the default cannot be rectified or if the defaulting party fails to rectify it within 7 days then the non-defaulting party may terminate this Agreement by notice to the defaulting party.
2. Termination under clause 6.1 does not affect accrued rights under this Agreement, including Campaigntrack’ s right to payment under clause 4
3. If You fail to pay Campaigntrack in accordance with clause 4:
  1. Campaigntrack will charge interest on the overdue amount at the rate of 15% per annum calculated daily on the outstanding balance until the overdue amount has been paid;
  2. Campaigntrack will charge you a default fee of $50, being its administrative costs in commencing its processes for the recovery of the overdue amount;
  3. You will be liable to pay all of Campaigntrack’s costs incurred in the collection of the overdue amount and the enforcement of the charge given to Campaigntrack in clause 7.1, including all fees or charges and all legal costs on a solicitor and own client basis, and you hereby indemnify Campaigntrack for such costs; and
  4. You agree to pay Campaigntrack the amounts set out in this clause 6.3.3 on demand.

Security
1. As security for payment of all amounts owed to Campaigntrack under the terms of this Agreement You hereby grant a charge over the Property to Campaigntrack and consent to Campaigntrack lodging a caveat on title to the Property, should it wish to do so, to protect its interest as chargee. You agree to do all things necessary to facilitate registration of the caveat, including signing any document that Campaigntrack requires in order to register a non-lapsing caveat.
2. You hereby appoint Campaigntrack or its nominee as Your attorney and authorise the attorney to sign all documents necessary to register and maintain any caveat registered by Campaigntrack under clause 7.1 and to enforce its charge.

General
1. A provision in this Agreement or right created under it may not be waived or varied except in writing. It is agreed that the Agent may act on Your behalf in this regard.
2. This Agreement is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
3. Campaigntrack may give notice to You under this Agreement by emailing or posting it to You at the addresses set out in this Agreement. If notice is given by email it is taken to have been received when it shows as being sent from the sender. If notice is given by post it is taken to have been given two business days after postage.
4. The parties agree and consent to this Agreement being signed electronically by You.