OSM Terms and Conditions
Onsite Managers Rental and Sales Agreement
This Agreement is made between the signatory(you as the Onsite Manager) and Alert Property Group.
This Agreement, constitutes the entire Agreement between the parties in relation to the Agent’s(Onsite Manager) engagement and provision of services to the Company, and supersedes any prior discussion, agreement or understanding between the parties and any prior condition, warranty, indemnity or representation imposed, given or made by any party.
Terms and Conditions:
1. Contract Details
a. In consideration of the Company executing this Agreement the Onsite Manager accepts an engagement to act in the capacity on a “Conjunctional” basis.
b. The Onsite Manager’s role with Alert Property Group will commence on the date of execution of this agreement.
c. The Onsite Manager’s Contract Term will be renewable every 12 months.
2. Agents Obligations
a) The Onsite Manager acknowledges that in performing its duties and obligations pursuant to this Agreement it does so in all respects as an Independent Contractor.
b) The Onsite Manager undertakes that it will have current at all times a minimum qualification as so required by the state of Queensland to conduct their business, and such other licences, authorities, approvals and insurances necessary to carry out the Consulting Services, and that these will be available for inspection by Alert Property Group or any bone fide client of Alert Property Group upon request.
c) Each Party acknowledges that it has no authority to incur any financial or other obligation on behalf of the other Party without the express prior written approval of that Party.
d) The Onsite Manager acknowledges the obligations and restraints set out are reasonable in order to protect the Company’s intellectual property and that a breach of those provisions by the Onsite Manager could cause the Company financial loss.
3. Alert Property Group Obligations
Alert Property Group shall:
a) maintain an Agents Trust Account in accordance with the Property Occupations Act 2014 - Queensland;
b) grant the Onsite Manager a non exclusive licence for the Term to use the Alert Property Group name and logos for the purpose of assisting the Agent to comply with its obligations under this Agreement;
a) The Onsite Manager must comply with all legal requirements to hold adequate Public Liability and/or Professional Indemnity insurance(as per their management agreements with the body corporate). The Onsite Manager must provide evidence (cover note) to Alert Property Group of appropriate Insurance cover when requested to do so.
a) The parties agree that they will act in good faith to resolve any dispute which may arise between them by meeting to attempt resolution of the dispute within fourteen days of the date one party provides the other with written particulars of the matter at issue, failing which the parties agree that no court proceedings will be commenced unless the parties have first engaged in mediation aimed at resolving the dispute with a mediator agreed upon by the parties.
6. Termination Provisions
This Agreement may be terminated by either party under any combination of the following:
a) A liquidator, receiver and manager, administrator or controller is appointed to or takes control of the other party or any assets or property of the other party.
b) The other party breaches a term of this Agreement and that breach cannot be remedied within a reasonable period of time.
c) The other party fails to fully remedy the breach or to pay reasonable compensation for the breach within 14 days after receiving written notice of the breach from the aggrieved party.
d) The other party is guilty of fraud, gross misconduct or gross negligence.
e) The terminating party gives to the other party written notice of not less than thirty days of its intention to terminate.
Upon termination the Onsite Manager shall:
a) cease using the Alert Property Group brand, website and lead generation/referrals.
This Agreement may be terminated by Alert Property Group at any time and without notice (whether before or after the date of this Agreement) if the Onsite Manager:
a) breaches any material term of this Agreement; or
b) is involved in serious misconduct such that the misconduct would be a breach of the provisions of the Property Occupations Act 2014 and Regulations.
7. Confidentiality of this Agreement
The Onsite Manager shall not disclose the terms and conditions outlined in this Agreement, including any remuneration, commission and any subsequent amendments to any person or entity other than:
a) For the purpose of obtaining professional legal advice.
b) For the purpose of obtaining professional accounting advice.
c) As expressly provided by this Agreement.
d) Pursuant to any statutory requirement or court order.
The Onsite Manager consents to the Company collecting, using and disclosing personal information for any purpose relating to its business or the Onsite Managers engagement or termination pursuant at all times to the terms of the Privacy Act 1988 (Commonwealth)..
9. Governing Law and Jurisdiction
The terms and conditions in this Agreement shall be construed and interpreted in accordance with the relevant law applicable in Queensland, and the parties shall submit to the exclusive jurisdiction of Courts of Queensland.