Ideal Buyer’s Agency is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
I have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which I collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, and phone numbers.
This Personal Information is obtained in many ways including interviews, correspondence, by telephone, by email, via our website www.idealbuyersagency.com (including the use of cookies), from your website, from media and publications, from other publicly available sources and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing or via email.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Your Personal Information may be disclosed in a number of circumstances including the following:
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
This Policy may change from time to time and is available on our website.
If you have any queries or complaints about our Privacy Policy please contact me at: Contact Me
1. Definitions
1.1 “Contract” means these terms and conditions, together with the Purchaser’s Agreement.
1.2 “IBA” means Ideal Buyer’s Agency Pty Ltd (IBA) (ABN 13688582952) its successors and assigns, or any person acting on behalf of, and with the authority of IBA.
1.3 “Purchaser” means the person(s) who signs a Purchaser Agreement with IBA and requests of IBA the supply of Services, and if:
(a) the Purchaser comprises more than one person, a reference to the Purchaser is a reference to all persons who comprise the Purchaser, each of whom are jointly and severally liable under this Contract;
(b) if the Purchaser is a partnership, the Contract binds each partner jointly and severally;
(c) if the Purchaser is a trustee of a trust, that trustee shall be bound by this Contract both personally and in their capacity as a trustee; and
(d) includes the Purchaser’s executors, administrators, successors and permitted assigns.
1.4 “Services” means all services detailed in the Purchaser’s Agreement or as otherwise agreed between the parties from time to time (in accordance with the variation regime contemplated by clause 5 of this Contract).
1.5 “Purchaser’s Agreement” means the Client Engagement Letter entered between the parties which outlines the scope of Services to be provided, and the amount or method of calculation of the Fee and reimbursable expenses.
1.6 “Vendor” means a third party person/s or entity unrelated to IBA that provides the opportunity to purchase their property to the Purchaser.
1.7 “Property” means the property which the Purchaser may be interested to purchase and which falls within the scope of Services to be provided by IBA.
1.8 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, all information relating to a party, any customer, clients, suppliers, distributors or joint venture partners, of the party and/or any of the business or financial affairs of any of them.
1.9 “Fee” means the fees set out in the Purchaser’s Agreement and as otherwise set out in clause 5 of this Contract.
1.10 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2. Interpretation
2.1 In this Contract, unless it is stated to the contrary or the context requires otherwise:
(a) words in the singular shall include the plural (and vice versa), words importing one gender shall include every gender, a reference to a person shall include any other legal entity of whatsoever kind (and vice versa) and where a word or a phrase is given a defined meaning in this Contract, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning;
(b) a reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any other legislative authority having jurisdiction);
(c) the words ‘include’ and ‘including’, and any variants of those words, will be treated as if followed by the words ‘without limitation’;
(d) a reference to dollars ($), is a reference to Australian currency;
(e) this Contract is not to be interpreted against IBA merely because IBA prepared this Contract; and
(f) the following order of precedence (in descending order) will be applied to resolve any conflict, ambiguity, or discrepancy in this Contract:
(i) the Purchaser’s Agreement;
(ii) these Terms and Conditions; and
(iii) any schedules.
(g) any reference (other than in the calculation of consideration, or of any indemnity, reimbursement, or similar amount) to cost, expense or other similar amount is a reference to that cost exclusive of GST.
3. Acceptance
3.1 The Purchaser is taken to have exclusively accepted, and is immediately bound, jointly and severally, by these terms and conditions, upon signing the IBA Contract prior to a Property purchase (and/or any subsequent building of a dwelling or other structure).
3.2 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
3.3 None of IBA’s agents or representatives are authorised to make any representations, statements, conditions, or agreements not expressed by the manager of IBA in writing nor is IBA bound by any such unauthorised statements.
3.4 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4. Relationship Between the Parties
4.1 The Purchaser hereby engages IBA to provide the Services to the Purchaser, and IBA hereby accepts that engagement and agrees to provide the Services to the Purchaser, in accordance with the terms of this Contract.
4.2 The Purchaser acknowledges and agrees that IBA is acting solely as a facilitator between the Vendor and the Purchaser. Should the Purchaser fail to contract with the Vendor for the purchase of any Property (and/or any subsequent building of a dwelling or other structure) from the Vendor, or if a dispute arises in respect of any agreement between the Vendor and the Purchaser, IBA shall be under no liability to the Vendor, Purchaser and/or any third party, and in particular will not be responsible for any loss or damages sustained by the Vendor, Purchaser and/or any third party.
4.3 IBA is an independent service provider of the Purchaser and nothing in this agreement constitutes a relationship of employer and employee, principal and agent, partnership, or joint venture between the parties.
5. Fees and Payments
5.1 In consideration for provision of the Services by IBA, the Purchaser must pay the Fees (plus GST) to IBA.
5.2 The Purchaser agrees that, except where the Purchaser has validly terminated this Contract as a result of IBA’s breach of a material term of this Contract (such breach not being rectified within 30 days of the Purchaser’s notice to IBA to do so), the Initial Engagement Fee (as specified in the Purchaser’s Agreement) is non-refundable.
5.3 The assumptions and exclusions to the Fees include:
(a) The Fees include those Services specifically detailed in the Purchaser’s Agreement as amended from time to time by the parties (in writing).
(b) The Initial Engagement Fee (as specified in the Purchaser’s Agreement) is payable regardless of whether the Purchaser reduces, or is deemed to have reduced, the scope of Services at any time during the term of this Contract.
5.4 Where the Purchaser proposes a variation in, or a change to, the Services or Deliverables (Variation), IBA will, within 5 days after receipt of such notice, provide the Purchaser with an estimate of the time and cost involved in implementing the Variation. If the Purchaser accepts IBA’s estimate, then this Contract will be amended to give effect to the agreed changes. IBA will not be obliged to perform a Variation unless and until the time and cost implications of implementing the Variation have been agreed.
5.5 At IBA’s sole discretion, the Initial Engagement Fee shall be due and payable upon acceptance of the Purchaser’s Agreement.
5.6 Time for payment for the Services being of the essence, the Fees, or components thereof, will be payable by the Purchaser on the date/s determined by IBA, which may be:
(a) on the date of signing the Purchaser’s Agreement with respect to the Initial Engagement Fee; and
(b) the date specified on any invoice or other form as being the date for payment of the Completion Fee; or
(c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice furnished to the Purchaser by IBA.
5.7 Payment may be made by cheque, bank cheque, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Purchaser and IBA.
5.8 Unless otherwise stated the Fees do not include GST. Where IBA’s tax invoice includes an amount on account of GST, the Purchaser is required to pay that amount in addition to the underlying Fees. In addition, the Purchaser must pay any other taxes and duties that may be applicable in addition to the Fees, except where they are expressly included in the Fees.
5.9 The Purchaser acknowledges and agrees that the Purchaser’s obligations under this Contract shall not cease (and where it is intended that any ownership of the Documentation shall pass, such ownership will not pass) until:
(a) the Purchaser has paid IBA all amounts due and payable under this Contract; and
(b) the Purchaser has met all other obligations due by the Purchaser to IBA in respect of all contracts between the parties.
5.10 Receipt by IBA of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then IBA’s ownership or rights in respect of the Services, and this Contract, shall continue.
6. IBA’s Obligations
6.1 IBA undertakes to provide the Services with all due care and in accordance with relevant technical and professional standards. The Services will be performed in accordance with any specific requirements detailed in the Purchaser’s Agreement and based on the Purchaser’s written specifications (such as income or financing, credit-standing, assets, etc.). The Purchaser agrees to clearly instruct IBA of its requirements pertaining to the type of Property purchase and to notify IBA immediately if there is any change in those requirements.
6.2 The Purchaser acknowledges and agrees that IBA may subcontract part of the Services to a third party. Notwithstanding any such subcontracting arrangement, IBA will remain solely liable to the Purchaser for the provision of the Services and compliance with this Contract.
6.3 The Purchaser acknowledges and agrees that the Services may require a range of support, information and access which the Purchaser must provide to IBA in a timely manner. If the Purchaser fails to provide such information, support or documentation that IBA requires (within the time period reasonably required by IBA), IBA may elect to suspend performance of the Services by a period commensurate with the period of the Purchaser’s delay. If the Purchaser delays the provision of information, support or access by a period of 30 days or more, IBA may charge the Purchaser for any additional costs incurred as a result of the Purchaser’s failure and/or delay.
7. Documentation
7.1 The Documentation:
(a) is prepared on the basis that the Purchaser has provided IBA with a full and frank disclosure of all information and other material facts which may affect the preparation of such Documentation. To the extent permitted by law, IBA accepts no responsibility or liability whatsoever:
(i) unless such full disclosure has been made to IBA; and
(ii) for errors in any information obtained or statements from the Purchaser or other applicable parties, or any matter outside the scope of the Services to be provided by IBA.
7.2 The Purchaser acknowledges and accepts that IBA shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by IBA in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any Documentation supplied by IBA in respect of the Services.
7.3 In the event such an error and/or omission occurs in accordance with clause 7.2, and is not attributable to the negligence and/or wilful misconduct of IBA; the Purchaser shall not be entitled to treat this Contract as repudiated nor render it invalid.
8. Default and Consequences of Default
8.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at IBA’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
8.2 If the Purchaser owes IBA any money, the Purchaser shall indemnify IBA from and against all costs and disbursements incurred by IBA in recovering the debt (including but not limited to the appointment of a debt collector and the internal administration fees, legal costs on a solicitor and own client basis, IBA’s contract default fees and bank dishonour fees).
8.3 Without prejudice to IBA’s other remedies at law, IBA shall be entitled to cancel all, or any part of any order of the Purchaser which remains unfulfilled, and all amounts owing to IBA shall, whether or not due for payment, become immediately payable if:
(a) any money payable by the Purchaser to IBA becomes overdue, or in IBA’s opinion the Purchaser will be unable to make a payment when it falls due;
(b) the Purchaser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Purchaser or any asset of the Purchaser.
9. Termination
9.1 Without limiting any other rights or remedies available to IBA, if the Purchaser breaches any obligation under this Contract (including payment obligations), IBA may immediately suspend performance and issue a notice of breach. The Purchaser must rectify the breach within 7 days of receiving notice. Failure to do so entitles IBA to terminate this Contract with immediate effect, and IBA will have no liability to the Purchaser for any loss or damage arising from such termination.
9.2 The Purchaser may only terminate this Contract by providing written notice to IBA. Upon receipt of such notice, IBA will cease providing the Services, however the Purchaser remains liable for all fees and charges in accordance with this clause.
9.3 Upon termination of this Contract, regardless of the circumstances:
(a) the Purchaser remains fully liable for all Fees and charges accrued up to and including the date of termination, including any outstanding amounts of the overall Fee, whether invoiced or not;
(b) IBA will issue a final invoice for all unpaid Fees and charges, which will be payable in accordance with clause 5;
(c) termination will not affect any rights, entitlements, or remedies accrued prior to termination; and
(d) obligations relating to confidentiality, liability, indemnities, and remedies will survive termination.
9.4 If the Purchaser terminates this Contract for any reason other than IBA’s proven breach of a material obligation (which has not been remedied within 30 days of notice), or if IBA terminates due to the Purchaser’s breach, insolvency, or receivership (not remedied within 7 days of notice), the Purchaser must, in addition to the amounts payable under clause 9.3, pay a cancellation fee being the greater of:
(a) one thousand dollars ($1,000.00); or
(b) twenty-five percent (25%) of the Completion Fee.
The Purchaser acknowledges and agrees that this cancellation fee is a genuine pre-estimate of the costs and losses incurred by IBA as a result of termination.
10. Liability
10.1 In providing the Services, IBA:
(a) shall exercise the degree of skill, care, and diligence reasonably expected of a competent professional. Whilst reasonable efforts are made to ensure the accuracy of opinions, information, and forecasts expressed in the Documentation, IBA accepts no liability for any error, omission, or inaccuracy; and
(b) may provide written and verbal recommendations in good faith only. Such recommendations do not constitute a guarantee of outcome.
10.2 To the fullest extent permitted by law, IBA, its employees, agents, and contractors shall have no liability whatsoever to the Purchaser for any loss, damage, cost, or claim arising in connection with the Services. The Purchaser irrevocably releases and indemnifies IBA and its employees, agents, and contractors from all such claims. IBA shall only be liable for proven loss directly caused by its negligence, and then strictly subject to the limitations set out in clause 10.3.
10.3 Unless expressly agreed otherwise in writing:
(a) IBA’s total aggregate liability under this Contract shall in all circumstances be limited to the amount actually recoverable by IBA under its Professional Indemnity Insurance in respect of the relevant claim;
(b) IBA shall not be liable for any consequential loss, special loss, indirect loss, loss of profit, loss of opportunity, or third-party claims for which the Purchaser is or may be liable; and
(c) any liability of IBA shall expire twelve (12) months from the date of the final invoice issued for the Services, unless a written claim is made within that period specifying the alleged negligent act or omission.
10.4 Without limiting the above, IBA shall not be liable for any loss or damage in relation to:
(a) errors in any plans, designs, or specifications not prepared by IBA;
(b) errors or issues arising from services not provided by IBA; or
(c) the use, reliance upon, or distribution of any Documentation, advice, or information without IBA’s express written consent.
11. Dispute Resolution
11.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer in good faith at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to REIQ.
2. Service of Notices
12.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) if sent by email to the other party’s last known email address.
12.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
13. General
13.1 The failure by either party to enforce any provision of this Contract shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of this Contract shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 This Contract shall be governed by the laws of the state in which IBA has its principal place of business and are subject to the jurisdiction of the courts in that state.
13.3 None of the conditions, warranties or other terms implied by Commonwealth, State or Territory laws (“the implied terms”) shall apply to this Contract except to the extent that the implied terms cannot be lawfully excluded.
13.4 IBA may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Purchaser’s consent.
13.5 The Purchaser cannot licence or assign its rights or obligations under this Contract without the written approval of IBA.
13.6 The Purchaser agrees that IBA may amend their general terms and conditions for subsequent future contracts (including IBA’s Privacy Policy) with the Purchaser by disclosing such changes in writing or via IBA’s website. These changes shall be deemed to take effect from the date on which the parties enter the new contracting arrangement.
13.7 Delivery of an executed counterpart of this Contract by email in PDF or other image format, will be equally effective as delivery of an original signed hard copy of that counterpart. If a party delivers an executed counterpart of this Contract under this clause:
(a) it must also deliver an original signed hard copy of that counterpart, but failure to do so will not affect the validity, enforceability or binding effect of this Contract; and
(b) in any legal proceedings relating to this Contract, each party waives the right to raise any defence based upon any such failure.
13.8 All Parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligation on them.
13.9 Confidentiality
13.9.1 Each party must:
(a) keep all Confidential Information of the other party confidential;
(b) not use or exploit any Confidential Information of the other party in any way except in the proper performance of, or receipt of, the Services in accordance with this Contract;
(c) not disclose or make available any Confidential Information of the other party in whole or in part to any third party;
(d) not copy, reduce to writing or otherwise record any Confidential Information of the other party except in the proper performance of the Services in accordance with this Contract; and
(e) ensure that any and all persons with whom the Confidential Information is shared in accordance with this Contract:
(i) comply with the obligations in this Contract as if each of them was a party to this Contract; and
(ii) do not do, or omit to do, anything which, if done or omitted to be done by a party to this Contract, would constitute a breach of this Contract by such party.
13.9.2 Each party is responsible for, and liable to the other party in respect of, the actions or omissions of any and all of the persons to whom they share Confidential Information as if they were the actions or omissions of that party.
13.10 Force Majeure
To the maximum extent permitted by law, IBA and its representatives expressly exclude liability for any damage and/or delay in the performance of any obligation of IBA under this Contract where such damage or delay is caused by circumstances beyond the reasonable control of IBA and IBA will be entitled to a reasonable extension of time for the performance of such obligations, and the Purchaser acknowledges and agrees that IBA holds the benefit of this clause 13.10 for itself and as agent and trustee for and on behalf of each of its representatives.
If you have any queries or complaints about our Terms and Conditions please contact me at: Contact Me