STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
Terms and Conditions
1.1 In this document the following capitalised words are defined terms that shall have the following meanings:
(a) Axon means Axon Property Group of 6/64 Marine Parade, Southport, Queensland.
(b) Client means you or any person who engages the Services of Axon or any person that receives the benefit of the Services provided by Axon.
(c) Dwelling means a dwelling is defined as a building or self-contained single household used for residential purposes.
(d) Land Settlement means the settlement date or completion of your contract of sale for the purchase of the land which has been selected with assistance through the Success Package Agreement.
(e) Service Providers means a service provider (other than Axon) that provides services; such as consulting, legal, conveyancing, real estate, property management, communications or building that are introduced to the Client by Axon but engaged independently by the Client.
(f) Services means all services delivered by Axon to you or the Client including but not limited to the Success Package Concepts and the Success Package Agreement.
(g) Success Package Concept means the preliminary introduction material for the Services provided by Axon issued before entering into the Success Package Agreement.
(h) Success Package Agreement means the services provided by Axon as outlined in paragraph 3.4(b) below.
2.1 These Terms and Conditions shall apply to all Services rendered by Axon for the supply of Services to the Client and shall be read in conjunction with the Success Package Concept and Success Package Agreement.
2.2 The Terms and Conditions may only be varied by agreement in writing between Axon and the Client.
3. SERVICES & ENGAGEMENT
3.1 This Terms and Conditions in conjunction with the Success Package Concept and the Success Package Agreement is an offer to engage the Services of Axon.
3.2 If you accept the offer you will be regarded as having entered into an agreement with Axon and you will be bound to these Terms and Conditions, the Success Package Concept and the Success Package Agreement, including payment of our services as outlined below.
3.3 Acceptance of the offer may be any one of the following ways:
(a) Providing us written confirmation to commence work and provide Services;
(b) Contacting us and advising of your acceptance; or
(c) Full payment or pre-payment of the Services in the amount and as directed by Axon.
3.4 Upon acceptance of our offer and payment of the deposit or balance of fees as outlined below, Axon shall provide the Services which include:
(a) Supply and access to Axon’s process guide, risk management plan, research reports and location briefings;
(b) The Success Package Agreement which comprises of:
Coaching and mentoring around the process of building a house (as detailed in Axon’s process guide);
Coaching and mentoring with understanding risks (as detailed in Axons risk management plan);
Assistance with the selection of the location of land;
Assistance with the selection of the Dwelling;
Introduction to a mortgage broker and solicitor services and monitoring the progress of your matters;
Monitoring of the land and build process with developers and builders until completion of the Dwelling
Introduction to our tried and tested Service Providers; and
2 x review coaching sessions.
4. PRICE AND PAYMENT
4.1 When you inform us that you would like to engage our Services, Axon will issue a request for payment of a deposit with instructions for payment for the Success Package.
4.2 Upon payment of the deposit, you will have access to our process guide, risk management plan, research reports and location briefings. Axon will also commence sourcing a suitable property for you.
4.3 Axon will advise you of the balance of fees payable and you may elect to pay by monthly instalments or in full.
5.1 If you have paid the deposit and have received the process guide, risk management plan, research reports and location briefings but do not wish to continue with the Success Package, then no further fees are payable. You may retain the material issued by Axon for your personal use only and the deposit will not be refundable.
5.2 If you have paid the balance of fees for the Success Package and we have commenced work on the Success Package but do not wish to continue, then any amount paid to the date of termination is not refundable.
5.3 Axon reserves the right to modify, update or run promotions on any service at any time. Axon reserves the right to change the price of any service at any time. Once a service has been ordered by the client, the price shall remain fixed for the Client. Under no circumstances shall Axon refund the difference should the price of that service decrease.
6. CLIENT’S ACKNOWLEDGMENTS AND DISCLAIMER
6.1 Axon is in the business of providing education, mentoring, coaching and information in the property sector.
6.2 You and/or the Client acknowledge and agree that at the time of engaging the Services of Axon that:
(a) Axon is not a financial adviser, registered investment, legal or tax advisor or a broker/dealer. You should consider seeking independent legal, financial, taxation or other advice to check how the information provided relates to your unique circumstances.
(b) the coaching and services offered by Axon may not be suitable for all clients. All investments involve risk and the potential loss of money. If you have any doubts as to the merits of an investment, you should seek advice from an independent financial advisor. Your personal individual financial circumstances must be taken into account before you make any investment decisions.
(c) Axon does not carry out the Services in the capacity of ‘buyer’s agent’ nor does Axon carry out any real estate agent services as defined in the Property Occupations Act 2014 (Qld).
(d) Axon is not responsible for the outcomes related to the engagement of Service Providers and is not responsible for market conditions, including but not limited to disputes, supply chain issues, interest rate changes and trade shortages.
7. CLIENT’S OBLIGATIONS
7.1 To enable Axon to perform its obligations the Client shall:
(a) Co-operate with Axon for all reasonable requests that pertain to their requested services.
(b) Provide Axon with any information reasonably required by Axon.
(c) Keep Axon notified of their correct name, postal address and any phone or e-mail information.
(d) Comply with such other requirements as agreed between the parties.
(e) Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
7.2 As part of our monitoring and coaching process, we will need to communicate with the Service Providers for smooth and efficient delivery of your outcomes and our Services. You must authorise the Service Providers to communicate with Axon regarding the progress of your file.
8. AXON’S OBLIGATIONS
8.1 Axon shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised professional standards.
9. LIMITATION OF LIABILITY
9.1 Axon Property Group, nor its respective directors, servants, employees or agents will be liable to you for damages, direct or indirect, including any loss of profits, loss of savings or return on investments or any other incidental consequential damages arising out of or connecting with the utilisation of or inability to utilise the financial and property concepts illustrated in any presentation.
9.2 None of the parties specified accepts any responsibility or assumes any liability for any accounting or investment decisions that you may make based on any presentation made by Axon or in respect to any claim made by any other party. You acknowledge and accept that the entire risk of making an investment in property, and the results and performance of any such investments, are your responsibility and no liability attaches to Axon Property Group. This disclaimer is to the extent permitted by law.
9.3 Axon Property Group, nor any of its representatives are responsible for the engagement of any third-party service providers, including but not limited to builders, mortgage brokers, conveyancers, solicitors and property managers.
9.4 You and/or the Client expressly release and indemnify Axon against all claims to the fullest extent of the law, except in the circumstances where Axon has acted dishonestly or negligently.
10. TERMINATION BY AXON
10.1 Axon can terminate their engagement and Services at any time, by providing written notice to you, in the following instances:
(a) In any event of harassment, threats or bad language/behaviour towards Axon’s representatives or service providers. Harassment is unwelcome behaviour which does, or is likely to, offend, humiliate or intimidate another person.
(b) In any event of disparagement and defamatory conduct against Axon via social media or any other form of publication including unsubstantiated negative reviews.
(c) Extended delay of payment or refusal to pay Axon’s fees as outlined in the Success Package Agreement.
(d) In the event of you or the Client being in default and breaching these Terms and Conditions.
11. TERMINATION BY THE CLIENT
11.1 The Client can terminate the services of Axon at any time in writing, however, no refund will be given. Once the services have passed Land Settlement, all outstanding fees are still payable and non-refundable.
11.2 If the Client is unable to obtain suitable finance in order to complete Land Settlement or if Axon is unable to find a suitable property, the Client is permitted to cancel Axon’s services and keep the material relating to the process guide, risk management plan, research and location briefings. The deposit will not be refunded, however, if the services are terminated, the remaining balance will not be payable if a suitable property has not been sourced by Axon.
12. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
13. BUILDING MATERIAL AND TRADE SUPPLY ISSUES
13.1 The residential construction industry has been impacted by an Australia-wide shortage of building materials and skilled trades. Axon is not a builder, nor does it control or have any influence on the weather conditions, availability and pricing of labour, supply and material that may affect the progress of your Land Settlement or completion of the Dwelling.
13.2 Axon shall not be liable to the Client, Service Provider or to any third party for any modification, price change, suspension or discontinuance of the Service. This shall also apply if you wish to terminate our Services before completion.
14.1 The contents of Axon’s website or their documents may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of Axon.
14.2 Clients may not at any time, without prior written permission of Axon, make copies or reproductions (in whatever form) of the briefings or any document provided. Where any such copy is considered reasonably necessary, Axon will provide written permission.
Any conduct or publication by the client that may be defamatory, disparaging, misleading and deception, and otherwise unlawful against Axon will be swiftly dealt with and may include (but not limited to) bringing immediate Court proceedings for causes of action potentially arising in: (a) misleading and deceptive conduct or other breaches of the Competition and Consumer Act 2010 (Cth); (b) defamation; and/or (c) torts of wrongful interference with business and/or unlawful interference with contractual relations and economic interests. Axon treats these matters very seriously and will take steps to protect its business interests and reputation wherever possible.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
DISCLAIMER Axon (www.axonproperty.com.au) regularly use their website to update information and their disclaimer. Axon Property Group ABN No 30 713 226 943 Company registered in Australia