Property Manager Registration And Conjunction Agreement

© Rent-A-Home.com.au Pty Ltd (ABN 43 089 180 165 LREA 1045004)

This agreement is for the registration of a Property Manager with Rent-A-Home.com.au Pty Ltd and covers the provision of your property and the use of our website and service.

Recitals

‘Rent-A-Home.com.au Pty Ltd’ (“Rent-A-Home”, “we”, “us”, “our”, “Site”) is a licensed real estate agent, providing online marketing, booking, payment and other services for furnished properties through http://www.rent-a-home.com.au and other URL links and includes its directors, management and employees of the company.

‘Property Manager’ is the entity nominated and properly authorised to manage the property on behalf of the property owner, and may include a co-joining real estate agent, owner-manager, serviced apartment operator or on-site manager.

Definitions

‘Property’ is a furnished apartment, house or other such dwelling for occupation (excluding hotels, motels, resorts, caravan parks and B&Bs) that is self-contained (not shared or sublet), clean and includes furniture, electrical items, whitegoods, linen, cutlery, crockery and is free from personal effects, pets or storage and is provided to the Visitor as presented on the Site.

‘Visitor’ is the tenant, lessee, guest, occupant of the property or user of Rent-A-Home’s services.

‘Reservation’ is an application for occupying a property submitted by the Visitor and processed by Rent-A-Home, or when a lease is signed for the property by a Visitor.

‘Booking’ (“lease”, “letting”) is a Reservation for which a booking confirmation number is issued, or when a lease is signed for the property by a Visitor.

‘Content’ is all information including but not limited to data, images, text or other material supplied to Rent-A-Home either through the Site, by email or in writing.

‘Failure to Supply’ is a breach of this Agreement by the Property Manager or Property Provider.

1. Registration

1.1. To register as a Property Manager, a registration form must be completed online. You will receive a Login and Password to access the Site once your registration application is approved.

1.2. Rent-A-Home reserves the right to refuse or accept the registration of any Property Manager.

1.3. Registration is for a rolling 12 month period from the date the Login is issued. A subscription notice will be issued prior to the expiry of the registration, to invite the Property Manager to continue for a further 12 month period under the Agreement available at that time.

2. Rent-A-Home may offer Premium Services at an additional cost. There is no refund of registration fee if a registration fee is paid.

3. Registration is not transferable and your Login and Password must not be shared with anyone.

4. The Property Manager must abide by the policies and procedures set in place by Rent-A-Home. You acknowledge that you have read and agree to be bound by the terms of all legal notices posted on the Site, including but not limited to:

4.1. Visitor Terms and Conditions

4.2. Rental Guarantee

4.3. Disclaimer, Website Terms of Use and Privacy Policy

5. This Agreement may be terminated by the Property Manager or Rent-A-Home by giving no less than thirty (30) days written notice ending the Agreement and such termination is without prejudice to either party’s rights accrued or obligations incurred before ending the Agreement. The Property Manager and their property listings will be removed from the Site within 2 business days of receiving such notice.

Warranty & Indemnity

6. As the Property Manager you warrant that:

6.1. You are the property owner or have the written authority from the property owner to enter into this Agreement.

6.2. You carry the necessary licences, certificates or qualifications to enter into this Agreement.

6.3. The property has the necessary permits, zoning, usage or development approval to carry on activities under this agreement.

7. You agree you will not hold Rent-A-Home liable for any damage direct or indirect, financial or otherwise including but not limited to damage to a property, conduct of a Visitor, loss of rent or failure of a reservation or booking as a result of this Agreement.

Property Manager’s Responsibilities & Conduct

8. The Property Manager agrees to:

8.1. Respond to communication in a timely manner, at least by the next business day.

8.2. Honour published Tariffs, Quotes, Reservations and Bookings processed.

8.3. Provide on the day of arrival or prior, access or property keys to the Visitor.

8.4. Conduct business through and on behalf of Rent-A-Home between the hours 9am to 5pm Monday to Friday and at other times sufficient to honour this Agreement.

8.5. Process Reservations resulting from Visitor referrals, inspections or extensions through Rent-A-Home, and to not directly engage with Visitors to avoid any fee or payment to Rent-A-Home.

8.6. Ensure all payments under this agreement relating to a Reservation or Booking are made in terms of Rent-A-Home’s centralised payment and monthly account system.

8.7. Account to the property owner in a timely manner for all monies relating to the property.

9. Your Content must be true and fair, free from error and not misleading or deceptive, nor breach copyright, intellectual property or be defamatory, offensive or discriminatory.

10. Your Content must be entered in to the correct fields provided on the Site.

11. You must not list Content promoting your contact information or the name of a third party.

12. You must keep Content up-to-date through the online tools provided or immediately notify Rent-A-Home in writing of any changes. You are responsible for your Content.

13. You must not use the Site for any other purpose than that covered by this agreement, nor effect the Site to the detriment of other users or Rent-A-Home.

14. The Portfolio Manager software, Rent-A-Home's business systems and processes and the Rent-A-Home Site, including but not limited to the look and feel of the Site, are intellectual property owned by Rent-A-Home. You must not copy, distribute, disseminate or provide third party access, any part of this intellectual property.

15. Rent-A-Home endeavours to ensure (but does not guarantee) access to the Site and service is uninterrupted, secure and free from error, delay or technical failure.

16. Rent-A-Home may use and display the Content at its discretion to carry out this agreement and you agree Rent-A-Home is not required to return or delete any Content from its database system even if this Agreement is terminated.

17. Rent-A-Home does not guarantee the accuracy of information on the Site and is not responsible for any third party Content linked through the Site.

DirectPay Service

18. Rent-A-Home provides a Reservation Service called DirectPay through which Visitors may make a Reservation through the Site for your Property.

19. You agree to promptly send the Visitor a confirmation and details for payment to secure the DirectPay Reservation when Accepted by you.

20. Rent-A-Home will invoice you the Booking Fee for Accepted Reservations.

21. If an Accepted Reservation is subsequently Cancelled by you or the Visitor, you agree that:

21.1.you will immediately notify the Visitor and Rent-A-Home;

21.2.you will assist the Visitor to find alternative accommodation if required.

22. Rent-A-Home will still be entitled to the Booking Fee from you and you agree to pay the Booking Fee within 14 days of the issue of the Booking Fee Invoice.

EasyPay Service

23. EasyPay is a Payment Service for Bookings processed by Rent-A-Home through our Trust Account. Rent-A-Home accounts to each Property Manager by electronic funds transfer and PDF statement within 7 days of the end of each calendar month, for Bookings arriving during that month for which monies have been received. Rent-A-Home shall not render a statement where no funds have been received or disbursed in any month.

24. Rent-A-Home shall collect the Total Amount according to the Payment Schedule as shown on the Booking Confirmation.

25. Rent-A-Home is not obliged to collect additional monies for consumables or incidentals incurred by the Visitor.

26. Rent-A-Home will promptly inform you, via our online system, of payments received and non payments, however, Rent-A-Home accepts no liability for Late Payment or Non Payment by the Visitor.

27. You agree to verify each Credit Card Transaction by taking a Credit Card imprint and Card Holder Signature and verify the person by taking a copy of a Drivers Licence or Passport.

28. You agree not to process the Visitors Credit Card on their behalf for any monies due on the Booking as shown on the Booking Confirmation unless instructed in writing by Rent-A-Home.

29. Rent-A-Home does not disburse monies prior to Arrival and you agree Rent-A-Home is not required to pay you any monies in advance to secure a Booking.

30. If the Booking is Cancelled by you, you agree that:

30.1.you will immediately notify the Visitor and Rent-A-Home in writing;

30.2.you will assist the Visitor to find alternative accommodation if required by the Visitor;

31. If the Booking is Cancelled by the Visitor, you agree that Rent-A-Home will provide a refund to the Visitor in accordance with the Visitor Terms and Conditions.

32. Adjustments or amendments resulting in a variation to a Booking or the Total Amount Due, will incur a $55 admin fee which is payable by the party requesting the Adjustment. You agree that Rent-A-Home may hold AUD $55 Adjustments Float on your Account which will be disbursed only on termination of this agreement.

Disputes, Refunds and Charge Backs

33. You agree to promptly and sympathetically deal with the Visitor directly to resolve any query or dispute relating to a Reservation, Booking or Property.

34. If a Visitor or Credit Card Holder requests a Charge Back or Disputes a transaction, we will notify you and you agree to respond in writing within 24 hours to the dispute and with verification of the transaction.

35. If we are obliged to refund the Visitor’s money, even in the case of an ongoing or unresolved dispute, you agree that we are authorised to refund such money and may hold any monies in your account with Rent-A-Home until the Visitor refund is resolved.

36. If your Rent-A-Home account has insufficient funds to resolve a refund or dispute then you agree to refund to us such monies due within 2 business days.

37. If you wish to pursue outstanding monies, you agree you will pursue the Visitor directly and agree that Rent-A-Home will have no liability to you.

38. Rent-A-Home provides additional information online for property managers on minimising disputes, dealing with complaints and reducing the risk of default or fraud.

Price Match and Rental Guarantee

39. Rent-A-Home offers customers a Price Match which means, if the rental rate is queried by the customer, you agree to provide Rent-A-Home the same Nett Rate that you provide to any other party given the same group type, dates and payment terms of stay.

40. You agree to our Rental Guarantee and that if the property is determined by Rent-A-Home to be not Materially as Presented, Rent-A-Home is authorised to adjust the rental rate in accordance with the Rental Guarantee.

Security Deposit/Damage Claim Form

41. You may lodge a Damage Claim against the Visitor with Rent-A-Home for substantiated damage incurred relating to a Booking.

42. Rent-A-Home will seek payment authorisation from the Visitor and attempt to recoup the funds within 30 days of your completed Damage Claim lodgement and settle to you during our end of month Trust Account disbursement.

43. You agree to pay Rent-A-Home a Damage Claim Fee which is calculated and deducted on the Claim Amount at the time of lodgement.

Schedule of Fees and Charges

44. Rent-A-Home shall be entitled to the fees and charges and other monies by way or reimbursements or costs incurred under this Agreement and as set out below.

45. We may vary our Booking Fee and settle the Nett rate and charges quoted by you.

Assignment, Breach of this Agreement & Notices

46. This Agreement shall be governed by the law of New South Wales.

47. This agreement is binding and does not constitute a joint venture or partnership or business relationship other than as set out in this agreement.

48. You may not assign all or any part of this agreement to another party.

49. If you breach this Agreement, Rent-A-Home is authorised to take the following action to preserve the robustness and appearance of the web site, to remedy the Visitor or our reputation and goodwill:

49.1.reject, alter or withhold any property, booking, commission or fee;

49.2.withdraw, suspend or cancel your registration and remove or correct Content.

50. You agree your obligations under this agreement survive termination and will apply to you or your executors, administrators or successors.

51. Any notice or communication must be in writing and delivered to the office of: Rent-A-Home.com.au Pty Ltd.