For Property Managers
This is a legally binding contract between You and Rent360 Pty Ltd, ACN 611 483 857 (“Rent360“, “we” or “us“).
This Agreement governs your relationship with Rent360 and Owners (the term “Owners” is defined in the Section 1 below), your use of the Rent360 Platform and the services provided by Rent360 and through the Platform.
These are the current terms and conditions and replace any other terms and conditions previously published on the Platform. Your continued use of this Platform and Rent360’s services constitutes Your agreement to this Agreement and any modifications to it.
1. SCOPE OF THE RENT360 SERVICE
1.1 Rent360 operates an online platform through the website at https://www.rent360.com.au (the “Platform“) that provides property owners and/or their authorised representatives (“Owners“) the opportunity to connect with a network of independently contracted property managers and any of its related bodies corporate, affiliates, joint venture partners, and any directors, employees or agents of such entities registered with Rent360 (“Property Managers” or “You”) who provide professional property leasing and/or management services (“Management Services”) and third party service providers who provide industry related products and services (“Providers”).
1.2 A reference to User in this Agreement includes Owners, Property Managers and any other person that visits or views the Platform.
1.3 Rent360 facilitates the interaction between You and the Owners. Rent360 accepts no liability for any aspect of the interaction between You and the Owners or You and the Providers, including but not limited to the provision of Management Services, the performance of Management Services and the delivery of industry related products and services by Providers,
1.4 Rent360 has no obligation to assist You or involve itself in any way in any dispute between You and an Owner or You and a Provider.
1.5 Rent360 will provide You with training and support in regard to the Platform and other Rent360 services (if required). We do so without any intention to control or limit how You perform the Management Services or support the provision of Provider products and services.
2. RENT360 SERVICE DESCRIPTION
2.1 Services provided by Rent360 will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of these services may be separately described on the Platform.
2.2 To obtain Management Services or Provider products or services (1) an Owner will post on the Platform an accurate and complete description of the property to be leased and/or managed including, but not limited to, the property location, property details and letting details (“Posted Brief“) and (2) the Owner account is automatically created.
2.3 All information related to a Posted Brief is supplied by the Owner. Unless expressly stated to the contrary, Rent360 does not have any ability or responsibility to review, approve or verify any information provided by the Owner including the Owner identity.
2.4 Rent360 matches the Owner with Property Managers who service the local area based on the Posted Brief for the Owner to compare their fees, experience, service levels, performance and reviews. Rent360 reserves the right, at its sole discretion, as to which local areas or regions You may service in relation to the Rent360 matching service.
2.5 The Owner can request an interview (at the Owner’s discretion) with one (1) or all Property Managers displayed in respect of providing the Management Services. There is no obligation for the Owner to request an interview with any Property Manager.
2.6 You agree that the selection process in respect of Property Managers presented to the Owner are based on the opinion of Rent360 only and, accordingly, Rent360 has no responsibility, liability nor obligation in respect of the Owner’s selection of a Property Manager for the Management Services.
2.7 If selected by the Owner for an interview, You will be electronically notified by us to review the Posted Brief and the Management Services fees quoted including property management, letting, advertising, inventory report and tribunal fees (“Quote”).
2.8 You are free to accept or decline interview requests at your discretion, however, You will accept or decline an interview request within two (2) business days and to adhere to the schedule You establish with an Owner. Non-response within two (2) business days of receiving the interview request from Rent360 will be deemed as the Property Manager declining the interview request.
2.9 Once You have accepted an interview request from an Owner, You and an Owner can communicate privately using the Rent360 private online messaging service. Each time a User receives a message from the Rent360 messaging service, a notification may be sent to the User via their currently active communication channel. Users are permitted to communicate with each other by phone, VoIP and in person but only after You accept an interview request from an Owner. There is no obligation for the Owner to appoint You for his/her Management Services.
2.10 You acknowledge and agree that by accepting an interview request from an Owner which culminates in the signing of a Management Contract (the term “Management Contract” is defined in Clause 2.14 below), You are legally obligated to pay Rent360 a Referral Services Fee (the term “Referral Services Fee” is defined in Clause 3.3 below).
2.11 You acknowledge and agree that by accepting an interview request from an Owner that You will use reasonable efforts to provide the Owner with a new client appraisal pack (provided to You on joining the Platform) which includes a branded Rent360 folder, your Quote for providing the Management Services for the property, Platform instructions for the Owner, a CMA report for the property (optional), Provider marketing collateral and any other materials that Rent360 deems necessary (at its sole discretion) from time to time.
2.12 You are free to negotiate the Quote with the Owner, provided however that the fees payable to You in respect of the Management Services must (1) be disclosed and agreed between You and the Owner prior to You being appointed the Property Manager by the Owner on the Platform (2) You will not increase or add any additional Management Services fees within at least twelve (12) months from the commencement date of the Management Contract and (3) You will disclose to the Owner if the property marketing services You will provide as part of the Management Services are not the same as those displayed on the Rent360 site pricing page (https://rent360.com.au/pricing/) which may be updated from time to time.
2.13 If the Owner appoints You as the Property Manager for his/her Management Services, You will be electronically notified by us.
2.14 If You accept the Owner’s appointment, You agree to accept the Quote or the Management Services fees agreed with the Owner in clause 2.12 above. The Owner will then complete a form that collects information critical for the generation of an Exclusive Management Agency Agreement (“Management Contract”) between You and the Owner including but not limited to the Owner’s representative details (if applicable), the relevant bank account, appointment date, tenancy options, service and maintenance conditions, disclosure of information to tenants, council, water, strata, strata manager, insurance and solicitor details.
2.15 Using the functionality on the Platform, the Owner can generate, review, edit and electronically sign the Management Contract. An electronic notification will be sent to You by us, alerting You that the Owner has electronically signed the Management Contract and now requires your electronic signature. Once You electronically sign the Management Contract You will be sent an automatic notification. You are expected to electronically sign the Management Contract on the Platform within two (2) business days and to adhere to the schedule You establish with an Owner.
2.16 By electronically signing the Management Contract, You and the Owner will be deemed to have entered into a separate, legally binding agreement under which the Owner agrees to purchase, and You agree to provide the Owner with the Management Services under the terms and conditions stated in the Management Contract.
2.17 By signing the Management Contract on the Platform You agree to be bound by the electronic signing provider’s terms and conditions which is located at https://www.hellosign.com/info/tos.
2.18 You are free to use the functionality of the Platform to enter into a Management Contract with an Owner who is your existing client, is referred to You directly by a third party (that is not Rent360) or is solicited directly by You without any involvement or assistance from Rent360 whatsoever on the condition that You use Rent360 services to list and/or advertise the Owner’s property on third party online property listing sites and/or You use a Rent360 property management plan to provide the Management Services to an Owner.
2.19 The Platform provides Property Manager public profiles (microsites) which enables Users to contact and/or post a request for Management Services. When this occurs, the Property Manager will be automatically notified of the User enquiry by us. However, that Property Manager will need to follow the standard process (at that time) to be appointed the Rent360 Property Manager for the User.
2.20 Rent360 Provider products and services are offered to the Owner pursuant to the terms and conditions offered by the third party. You may procure and support the provision of Provider products and services for the Owner, with the agreement of the Owner, until such time the Owner revokes that authority. Rent360 takes no responsibility for the support of these products and services by You to the Owner.
2.21 Any upgrade to an online property rental listing on realestate.com.au or domain.com.au purchased by an Owner through the Platform must be listed under the Rent360 brand and its subscription to such sites.
2.22 Except for an upgrade to an online property rental listing on realestate.com.au or domain.com.au (see Clause 2.21), if the Owner engages with any Provider, the agreement will be directly between the Owner and that Provider (“Provider Contract”).
3.1 Applying for an account with Rent360 is free. However, if You are accepted as a Property Manager on the Platform you will be charged a one-time only Starter Pack fee (see Services Fee Schedule). There is no charge for You to accept or reject an interview request from an Owner, message Owners (following your acceptance of an interview request) or conduct interviews with Owners.
3.2 If You are appointed on the Platform as the Property Manager for an Owner’s property, you agree to charge Management Services fees as set out in the Management Contract directly to the Owner.
3.3 You agree to pay Rent360 a Referral Services Fee (see Services Fee Schedule) when you enter into a Management Contract with an Owner who is made available to You by Rent360 including by providing information to the Owner regarding You, enabling the Owner to identify You or otherwise causing You to be introduced to the Owner (“Referral Services Fee”). For the avoidance of doubt, You are not required to pay the Referral Services fee to Rent360 if the Owner is your existing client, is referred to You directly by a third party (prior to a referral to you by Rent360) or solicited directly by You.
3.4 You agree to pay Rent360 the following fees (see Services Fee Schedule) when You use Rent360 services to:
a) Create and manage a rental property advertisement that can be uploaded to third party online property listing sites and perform unlimited prospective tenant checks for an Owner’s property (“Listing Fee”).
b) Advertise an Owner’s property on third party online property listing sites including Feature listings on realestate.com.au and Priority Placement listings on domain.com.au (“Advertising Fee”).
c) Provide specific combinations of cloud based property management software including an inspection management mobile app, cloud based Customer Relationship Management (CRM) software, a virtual receptionist, Management Service forms, invoice scanning and data entry, RP Data Professional and end of month and end of year trust accounting support (“Property Management Plan Fee”).
d) Provide property manager virtual assistants and specific marketing collateral (“Support Services Fee”).
3.5 Invoices for the fees described in this Clause 3 will be issued monthly for the Platform and Rent360 services provided in the preceding calendar month. All invoices will be sent to You, or to your billing contact whose details are provided by You.
3.6 Provider products and services must be purchased directly from Rent360 by either the Owner or You for the Owner for the fees set out in the Provider Fee Schedule (see below) by using the functionality on the Platform. That payment will be used to pay the Rent360 Provider (minus any Rent360 commissions or rebate) in accordance with this Agreement.
3.7 Rent360 will pay a commission fee to You (see Commissions Fee Schedule below) when an Owner or You on behalf of the Owner purchases the Provider product or service on the Platform. The commission fee will be automatically converted into Rent360 credit and credited to your Rent360 account (see Clause 4.7 below).
3.8 Rent360 will pay a Promotional Management Services Fee to You when you enter into a Management Contract with an Owner on the Platform who is made available by Rent360 and where Rent360 has provided a promotional offer to that Owner (“Promotional Management Services Fees”) resulting in a discount on the Management Service Fees for a specified period. The Promotional Management Service Fee will be automatically converted into Rent360 credit and credited to your Rent360 account. You will not deduct the Management Services Fees related to the promotional offer from the Owner’s ledger for the specified period.
3.9 Rent360 may from time to time change the fees set out in the Services Fee Schedule, Provider Fee Schedule and the Commissions Fee Schedule and the terms applying to their payment by providing You at least thirty (30) days’ notice.
4. PAYMENT, REFUNDS AND CREDIT
4.1 All amounts specified in any invoice issued by Rent360 to You will be taken using the billing details provided by You, typically within 3 business days from the beginning of the month. If your payment is declined, we will notify You immediately and You will have ten (10) days from the invoice date to make payment or your Rent360 account and/or Rent360 services may be suspended. You agree to reimburse Rent360 for any costs, expenses, or fees expended by Rent360 in connection with any collection efforts against You, including reasonable internal costs and external legal or collection fees.
4.2 You agree that when You register your billing details with us for the first time or when You update your billing details a card authorisation request will be sent to your issuing bank to verify that the card is issued and the bank will allow it to be used.
4.3 Rent360 uses a third party payment provider to securely store your billing details and to take debit and credit card payments. You may want to inform your card issuing bank that you plan to use this card on “Rent360 Pty Ltd” so it is not blocked or suspended due to frequent charges.
4.5 A statement of commission fees owed to You by Rent360 will be issued to you within forty five (45) days of purchase by the Owner or You for the Owner (for the purchase of a Provider product or service) as a credit against your Rent360 account.
4.6 Promotional Management Service Fees owed to You by Rent360 will be issued to you on a monthly basis or within forty five (45) days of the commencement date of the Owner’s Management Contract as a credit against your Rent360 account. Credit on Your Rent360 account:
a) can be used by You to pay for all fees described in Clauses 3.3 and 3.4 above;
b) is not refundable or redeemable for cash;
c) expires 12 months from the last date the Rent360 credit is topped-up; and
d) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than You without Rent360’s prior written permission.
5. ELIGIBILITY TO REGISTER AND AUTHORISED USERS
5.1 A Rent360 Property Manager account can be created in the name of a sole trader, partnership or private company.
5.2 To create an account and use the Platform You must have the necessary qualifications to provide Management Services and be able to form legally binding contracts under applicable law. The Rent360 Platform is not available to persons under 18 years of age. If You do not qualify to use the Rent360 Platform, You must not use the Platform.
5.3 Only Users that have been issued a user identification and password (“Login“) by us shall be “Authorised Users” and permitted to access the Platform.
5.4 All Authorised Users shall be subject to the terms of this Agreement. You shall be responsible for any other persons who gain access to the Platform through You or your Logins (except in the case of fraud).
5.5 You agree to exercise reasonable care to maintain the security of your Logins and other account information (collectively, “Account Information“). You agree to not disclose your Account Information to anyone else, and to not use anyone else’s Account Information.
5.6 You agree to notify us promptly about any unauthorised use of your Account Information or any breach of security of which You become aware.
5.7 Property Managers are prohibited to register on the Platform as Owners. Property Managers who register as Owners may be excluded from using the Platform and/or Rent360 services and such use will constitute a breach of this Agreement. Rent360 reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Posted Briefs from the Platform and immediate termination of your Rent360 account with or ability to access the Platform and/or any other service provided to You by us, upon any breach by You of this Agreement or if we are unable to verify or authenticate any information You submit to the Platform. Rent360 also has the right to inform other Users of any breach committed by You.
5.8 At its absolute discretion, Rent360 may refuse to allow any person to register or create an account with Rent360 or terminate or suspend any existing User account.
6.1 You must be independently covered by a professional indemnity insurance policy which satisfies the relevant regulatory criteria. You may also need to obtain public liability insurance and workers compensation if necessary with respect to your business activities. This is your sole responsibility to organise and Rent360 will note be liable to You by reason of, or arising out of your failure to obtain appropriate insurances.
6.2 Rent360 may suggest a third party for You to obtain professional indemnity, public liability insurance or workers compensation. All such insurance is offered by a third party and Rent360 does not represent that the insurance offered by Rent360 is adequate or appropriate for You. You must make your own enquiries about whether such insurance is appropriate any whether any further insurance is required.
7. PROPERTY MANAGER INFORMATION
7.1 If You are accepted by Rent360 to be a Property Manager You will create a Rent360 account and public profile on the Platform which may display information as to your identity, location, areas serviced, experience, qualifications, skills and awards. Rent360 reserves the right to verify your information using third parties including real estate license checks, police checks, personal credit risk checks, bankruptcy and court record checks, ASIC company directorship checks and verification of your billing details.
7.2 You warrant and represent that the information you provide us is and shall remain complete, accurate, true and correct and that you will update information held by Rent360 as soon as possible after any changes.
7.3 The Rent360 Platform may also include an Owner-initiated feedback system to help evaluate Property Managers. Rent360 is entitled to suspend or terminate your account at any time if Rent360, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Rent360 Users.
8. OWNER OBLIGATIONS
9. PROPERTY MANAGER OBLIGATIONS
9.1 You agree that at all times:
a) You will comply with this Agreement and all applicable laws and regulations that apply to You as a Property Manager, or in relation to any other way(s) that You use the Platform and Rent360 services;
b) You will use clear, complete and accurate information to complete your Rent360 account, public profile and Management Contracts;
c) You will make all necessary enquiries and satisfy yourself in relation to the Owner requirements in ownership of a property;
d) You will inform the Owner of any matter which may cause any Management Services Fees to be revised;
e) You will perform all your obligations to other Rent360 Users under a Management Contract, Provider Contract and to Rent360 under this Agreement;
f) You will use a high standard of care and skill to be expected of an experienced residential property manager;
g) You will not subcontract or engage any person or business to perform your use of the functionality of the Platform or the Management Services without Rent360’s approval;
h) all Owner-initiated feedback (reviews of Property Managers) and Property Manager performance statistics on the Rent360 Platform may not be used on third party sites or for other business purposes without Rent360’s prior permission;
i) You will not use the Rent360 Platform for any illegal or immoral purpose; and
j) You will obtain such insurance as is required by law and provide evidence of such insurance to us upon request.
9.2 You grant to Rent360 an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted by You on the Rent360 Platform for the purpose of including that material and information on the Rent360 Platform and as otherwise may be required to provide the Rent360 service, for the general promotion of Rent360 and as permitted by this Agreement.
9.3 Any information posted on the Rent360 Platform or when You use the Rent360 services to list and advertise an Owner’s property on third party online property listing sites must not, in any way whatsoever, be potentially or actually harmful to Rent360 or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Rent360. Without limiting any provision of this Agreement, any information You supply to Rent360 or to third party online property listing sites must be up to date and kept up to date and must not:
a) be false, inaccurate or misleading or deceptive;
b) be fraudulent or involve the sale of counterfeit or stolen items;
c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
d) be defamatory, libellous, threatening or harassing;
e) be obscene or contain any material that, in Rent360’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; and
f) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform or third party online property listing sites.
9.4 You warrant that you hold an appropriate, valid real estate license under the law in the state or territory of Australia in which You provide the Management Services. This will be verified by Rent360 on your application to register on the Platform. However, it is your responsibility to keep your real estate license valid and up to date.
9.5 You warrant and represent that you have not been subject to any disciplinary actions with respect to your real estate license by any state or professional body in the past five (5) years.
9.6 You must operate and maintain your own trust account for the provision of Management Services to Owners which will be audited annually. Upon request by Rent360, You agree to provide us with the annual audit report within thirty (30) days.
9.7 When required by law, any person or business assisting You must have a real estate certificate of registration and any activities performed by that person are done so as a supervised employee of You, the licensed agent or licensee in charge.
9.8 You warrant and represent that your use of the Platform and Rent360 services is not and will not be in breach of any express or implied terms of any contract or of any other obligation legally binding upon You. You will not use Rent360 in any way that gives rise to any such breach or presents a conflict of interest. You will also comply with all ethical and fiduciary standards to which you are subject.
9.9 During the term of the Agreement and for twelve (12) months from the termination of this Agreement (regardless as to which party initiated the termination) You agree to grant Rent360 the First Right of Refusal to purchase your rent roll portfolio (whether in separate parcels or as a whole). In the event You intend to sell your rent roll to a third party, You are obligated to first provide Rent360 the option to match the exact terms and conditions of the offer made by the third party to purchase your rent roll portfolio. Rent360 will have thirty (30) days during which to accept said offer. If Rent360 does not accept said offer within said period, You will be free to accept the third-party offer. If the terms and conditions of the offer between You and the third party change prior to acceptance, You are obligated to provide Rent360 the option to match the new terms and conditions, and we will have thirty (30) days during which to accept the revised offer. If we do not accept said revised offer within said period, You will be free to accept the third party offer unless there is another change in the terms and conditions prior to acceptance of the offer and the procedure described in this Clause 9.9 will again be applicable. In the event that You have breached this Clause 9.9 then You agree to pay Rent360 a fee of 7.5% (exclusive of GST) of the purchase price of your rent roll portfolio (“Compensation Fee“). The Compensation Fee will be paid to us in full by You within thirty (30) days of us notifying you of such breach. You agree that the Compensation Fee is a reasonable assessment of the damages caused by your failure to abide by the terms of this clause.
9.10 During the term of the Agreement and for twelve (12) months from the termination of this Agreement (regardless as to which party initiated the termination) You agree to pay Rent360 a fee of 2.5% (exclusive of GST) of the purchase price of your rent roll portfolio (“Finders Fee“) if the rent roll is sold to a Property Manager using the Rent360 Platform. The Finders Fee will be paid to us in full by You within thirty (30) days of You receiving the funds for the sale of your rent roll portfolio. In the event that You have been found to breach this Clause 9.10 then You agree to pay Rent360 a fee of 2.5% (exclusive of GST) of the purchase price of your rent roll portfolio (“Additional Fee“) in addition to the Finders Fee. The Finders Fee and the Additional Fee will be paid to us in full by You within thirty (30) days of us notifying you of such breach.
9.11 You are solely responsible to meet your tax obligations in relation to any payments received in relation to your use of the Platform and performance of the Management Services.
9.12 When you enter into a Management Contract using the Rent360 Platform You create a legally binding contract with another Rent360 User, unless the transaction is prohibited by law or by this Agreement. If You do not comply with your obligations to another Rent360 User, You may become liable to that other User. If another User breaches any obligation to You, You and not Rent360 is responsible for enforcing any rights that You may have with that User.
9.13 You will not disclose to any User, or to Rent360 any third-party’s confidential information in violation of any duty or contract right. You must not use, disclose, solicit, make available or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to any third-party without that party’s prior written permission. Where You are legally required to disclose the Confidential Information, You must inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
9.14 Confidential Information means any documents or information created, received or obtained by You from or on behalf of the Owner, Rent360, a Provider or any other party in respect of the Management Services. In relation to Rent360, it also includes all non-public information pertaining to Rent360’s business including, without limitation, our pricing information, the identity of Owners, the nature of and reasons for Owner inquiries, and any content marked confidential which must remain strictly confidential.
9.15 Unless permitted by the Owner or required by law, you will not refer to the Owner or its business (including the Owner’s properties) in any of your marketing materials, website, public profile, social media or other publications.
9.16 If Rent360 determines at its sole discretion that You have breached any obligation under this Clause 9, it reserves the rights to remove any content or public profile information You have submitted on the Platform or suspend or terminate your Rent360 account.
10. INTRODUCTIONS AND NON-SOLICITATION
10.1 For so long as You (1) have an account with Rent360 (and for 12 months after termination of your Rent360 account) and (2) engage with an Owner made available by Rent360 including by providing information to You regarding an Owner, enabling You to identify an Owner or otherwise causing an Owner to be introduced to You, You must not offer to engage, solicit, induce, entice, or otherwise enter or attempt to enter into a Management Contract with such Owner in any way other than through the Platform. This means that you must pay Rent360 the Referral Services Fee as provided for in Clause 3.3 (regardless of whether this Agreement has been terminated).
10.2 For the avoidance of doubt, Clause 10.1 does not apply if the Owner is your existing client, is referred to You directly by a third party (that is not Rent360) or solicited directly by You.
10.3 You acknowledge that Rent360 is under no obligation to provide Owners to You and that any Owners will be provided on a non-exclusive basis.
11. LIMITATION OF LIABILITY AND INDEMNIFICATION
11.1 Neither Rent360 nor any officer, employee, director or any other representative of Rent360 shall be liable towards You or towards any third party, under or in connection with this Agreement or its termination, in contract, tort or otherwise for (i) any economic loss (including loss of revenues, profits, contracts, business or anticipated savings) or (ii) any loss of goodwill or reputation. Such losses include, without limitation, any special, indirect, incidental, statutory, punitive or consequential losses or damages as well as any losses or damages caused by interruption of operations.
11.2 Without detracting from clause 11.1 above, the maximum amount of Rent360’s liability to You under this Agreement shall not exceed the total amount of fees paid by You to Rent360 during the twelve (12) month period prior to any incident giving rise to liability of Rent360 to You and You agree that the limitations herein on Rent360’s liability are reasonable.
11.3 You are liable for and agree to indemnify Rent360 and any of its related bodies corporate, affiliates, joint venture partners, and any directors, employees or agents of Rent360 in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which Rent360 suffers, incurs or is liable for (including lawyers’ fees and expenses in respect of such claims, actions or threatened claims or actions) as a result of:
a) your use of the Platform;
b) any breach by You of your obligations or warranties under this Agreement or of any other obligation legally binding upon You;
c) any violation by You of a third party’s marks, brand name, advertising claims or other rights in connection with your use of the Platform; and
d) any loss of income resulting from improper use of the Platform and Rent360 service by You.
11.4 We will, within ten (10) business days of receipt of notices of any claim or demand, or of commencement of any lawsuit or other action, in respect to which indemnification may be sought from You, notify You in writing. The failure to notify You of any such claim, demand or action will not relieve You from liability under this Clause 11.
12. THIRD PARTY CONTENT AND LINKS
12.1 The Platform may include links to third party sites which are not related to Rent360 and in relation to which Rent360 has no control or interest. The appearance of those links on this site does not indicate any relationship between Rent360 and that third party or any endorsement by Rent360 of that third party, its site or the products or services which it is advertising on the Platform.
12.2 The information on the Platform is provided ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk.
13.3 You acknowledge and agree that Rent360 may monitor various aspects of your performance in respect to your use of the Platform and for providing the Management Services. You agree for us to access information from your accounts to monitor your performance using the Platform and the Rent360 services including third party service providers.
14. NO WARRANTY
14.1 The Rent360 service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our Providers specifically disclaim any implied warranties of title, merchantability, fitness for a purpose and non-infringement to extent allowed by law.
14.2 Rent360 makes no representation or warranty as to the Platform or Management Services including but not limited to the property advertisements published to third party online listing portals, trust accounting, rental arrears management, property maintenance and the third party owner portal embedded into the Platform.
14.3 Rent360 makes no representation or warranty as to the Provider product or services.
15. INDEPENDENT CONTRACTORS
15.1 You acknowledge and agree that you are an independent contractor. Nothing in this Agreement is intended to create a joint venture, partnership, agency or employment relationship with You. You shall not be entitled to any benefits provided by Rent360 to its employees, and Rent360 will not make deductions from any of the payments due to you for tax, superannuation or similar purposes except if required by law.
15.2 You acknowledge and agree that You have complete discretion and flexibility to operate and run your independent property management business and offer the Management Services as You see fit and Rent360 will have no oversight of Your affairs.
15.3 You have no authority to bind Rent360, its related entities or affiliates in any way whatsoever.
15.4 You acknowledge and agree that all Management Services provided by You are provided solely by You and that Rent360 has no liability for any loss or damage incurred by the Owner in any manner due to Your performance or failure to perform Your obligation to the Owner.
15.5 Rent360 confirms that all products and services provided by Providers promoted on the Platform are provided solely by such Providers. To the extent permitted by law, You agree that Rent360 has no liability to You for any loss or damage incurred by You or the Owner in any manner due to the performance or non-performance of such Providers.
16.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Rent360’s contact address as displayed on the Rent360 Platform, or to Rent360 Users’ contact address as provided at registration. Any notice shall be deemed given:
a) if sent by email, one (1) business day after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable; and
b) if sent by pre-paid post, three (3) Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, “Business Day” means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Provider service must be delivered to such Provider as set out in the third party Provider terms and conditions.
17. MEDIATION AND DISPUTE RESOLUTION
17.1 Rent360 encourages You to try and resolve disputes (including claims for returns or refunds) with other Rent360 Users directly. Accordingly, You acknowledge and agree that Rent360 may, in its absolute discretion, provide such of your information as it decides is suitable to other parties involved in the dispute.
17.2 Rent360 may provide access to a third party dispute resolution service (“Third Party Dispute Service“). The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
17.3 Disputes with any Owner must proceed pursuant to any dispute resolution process set out in the Management Contract.
17.4 Disputes with any Provider must proceed pursuant to any dispute resolution process set out in the Provider Contract or in the Provider’s terms of service.
17.5 Rent360 has the right to hold any Provider payment the subject of a dispute in its account, until the dispute has been resolved.
17.6 If Rent360 provides information of other Rent360 Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that You will indemnify Rent360 against any claims relating to any other use of information not permitted by this Agreement.
18.1 Either party may terminate an account and this Agreement at any time for any reason.
18.2 You may cancel your account at any time by notifying us via email at firstname.lastname@example.org. We will then use our best efforts to cancel your account within fourteen (14) working days of our receipt of your request.
18.3 Rent360 reserves the right to terminate or suspend your profile and/or account at any time, on Rent360 forming the view in its absolute discretion that Rent360’s brand, Platform or business (including its Owners, Property Managers, Providers, partners or affiliates) may be adversely affected or harmed as a result of your continued registration as a Property Manager.
18.4 Termination of this Agreement by either party does not affect any Management Contract or Provider Contract that has been formed between Rent360 Users. If you have entered into a Management Contract You must comply with the terms of that contract including charging and paying the fees as applicable.
18.5 Termination of this Agreement by either party does not affect your obligations to pay any outstanding fees still owing to Rent360 for Rent360 services provided prior to termination. Any remaining monthly fees will be invoiced to You for the entire month regardless of the termination date. All amounts specified in any final invoice issued by Rent360 to You will be taken using the billing details provided by You within fourteen (14) days from the termination date.
18.6 Rent360 reserves the right to allocate another Property Manager in your place where you have accepted either an interview or an appointment for Management Services but You have not entered into a Management Contract with an Owner by the date of termination.
18.7 Clauses 3 (Fees), 8 (Owner Obligations), 9 (Property Manager Obligations), 11 (Limitation of Liability and Indemnification), 14 (No Warranty) and 17 (Mediation and Dispute Resolution) and any other terms pursuant to which obligations have accrued will survive any termination or expiration of this Agreement.
19. MODIFICATIONS TO THE AGREEMENT
19.1 Rent360 may modify the Agreement from time to time by posting the modification(s) or updating these terms and conditions on our website. We will provide at least fourteen (14) days written notice of such changes.
19.2 If you do not agree to any modification(s), your only recourse will be to terminate your participation as a Property Manager. If you continue to participate as a Property Manager after any modification becomes effective, then your participation will constitute acceptance of such modification.
20.1 This Agreement is governed by the laws of New South Wales, Australia. You and Rent360 submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
20.3 You must not subcontract, transfer or assign this Agreement (or the benefit of the relationship with Rent360) without Rent360’s prior written consent.
20.4 This Agreement may be assigned, transferred or novated by Rent360 to a third party without your consent. In the event of an assignment, transfer or novation You will remain bound by this Agreement.
20.5 This Agreement sets out the entire understanding and agreement between You and Rent360 with respect to its subject matter.
SERVICES FEE SCHEDULE
All fees and pricing are exclusive of GST
For Property Managers on a Rent360 property management plan only
Starter Pack: $495.00 (one time only)
Referral Services Fee: 25% of the first year’s management fee or $250.00, whichever is the greater amount. Payment will be taken by Rent360 no earlier than three (3) months from the commencement date of the Management Contract for the related property.
Listing Fee: $35.00 per property listing. Payment is taken in arrears, typically within three (3) business day of the preceding calendar month.
Advertising Fee: $175.00 per property listing. Payment is taken in arrears, typically within three (3) business day of the preceding calendar month.
Property Management Plan Fee:
Rent360 Property Managers have a choice of three (3) property management plans with no lock-in contract. Payment is taken in arrears, typically within three (3) business day of the preceding calendar month. The prices for the property management plans are as follows:
- Essentials: $10.00 per property per month
- Professional: $15.00 per property per month
- 360: $20.00 per property per month
Support Services Fee:
All support services are optional, pay per month with no lock-in contract. Payment is taken in arrears, typically within three (3) business day of the preceding calendar month. The prices for the various support services are as follows:
Property Manager Virtual Assistants (3 choices):
- 40 hours per month: $640.00
- 80 hours per month: $1200.00
- 120 hours per month: $1680.00
- A-Frame inspection board: $175.00
- For Lease corflute: $25.00
- Spikes for corflute: $20.00
- Personalised stickers (pack of 4): $50.00
- Hardcover A4 listing folders (pack of 10): $30.00
- Personalised Rent360 business cards (250): $45.00
For Property Managers not on a Rent360 property management plan
Starter Pack: $195.00 (one time only)
Lead generation: 50% of the first year’s management fee or $500.00, whichever is the greater amount. Payment will be taken within thirty (30) days from the commencement date of the Management Contract for the related property.
PROVIDER FEE SCHEDULE
All fees and pricing are inclusive of GST. Payment is made directly to Rent360 immediately upon purchase.
- Upgrade to a “Highlight” listing on realestate.com.au: $250.00
- Professional real estate photography (6 photos): $99.00
- Premium “For Lease” signboard (1.5m x 0.75m): $110.00
- 2D floor plan (black & white, up to 4 bdrms): $160.00
- Property marketing flyers (100 x A4 double-sided): $65.00
- Comprehensive Landlord Insurance (PI Plus): $297.00
- BMT Tax depreciation schedule: $735.00
- Smoke alarm testing: $99.00
COMMISSIONS FEE SCHEDULE
All fees and pricing are exclusive of GST.
- Upgrade to a “Highlight” listing on realestate.com.au: $15.00
- Professional real estate photography (6 photos): $5.00
- Premium “For Lease” signboard (1.5m x 0.75m): $10.00
- 2D floor plan (black & white, up to 4 bdrms): $10.00
- Property marketing flyers (100 x A4 double-sided): $10.00
- Comprehensive Landlord Insurance (PI Plus): $10.00
- BMT Tax depreciation schedule: $10.00
- Smoke alarm testing: $5.00