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Subscriber Terms and Conditions – realcommercial.com.au
Part A: General Terms Applying to Subscriptions and Products (“General Terms”)
1. Definitions
Acceptable Use Policy means our policy on the use of Subscriptions, Products and related services provided to you by us in relation to the Platform and as published at realcommercial.com.au/terms and varied from time to time.
Administrative Office means an office that serves a purely administrative function for an Agency Group.
Agency Office means a physical office from which the main business that is conducted is real estate agency services.
Agency Group means a group of Agency Offices (and if applicable, includes an Administrative Office) that are owned, controlled or operated within the same real estate agency network, franchise or brand.
Agent Admin means the secure system that you gain access to under your subscription to purchase Products, upload listings and otherwise use our services, as available at https://secure.realestate.com.au/sign_in.
Agreement has the meaning in clause 2 of these Customer Terms.
All Depth Contract is a contract to purchase all of your new listings to an agreed type of Depth Product at discounted rates in the Buy Section or Lease Section of the Platform.
Buy Section means the section of the Platform for listings of properties for sale located at realcommercial.com.au/for-sale.
Consumer Quality Index or CQI refers to our internal methodology used to determine share of marketing for Non-Listing Products between Agency Offices and Agency Groups. CQI considers a range of data, including active listings, Depth Product usage and other factors that we believe indicates that consumers find value in a listing.
Customer Terms means these realcommercial.com.au Subscriber Terms and Conditions as published at realcommercial.com.au/terms and varied in accordance with clause 5(d).
Depth Product means the Products described in Part C of these Customer Terms which can only be purchased under a Subscription to our Platform and which enhance the appearance and ranking of property listings on the Platform.
Developer Subscription means a subscription that allows a subscriber to upload Developer Listings to realestate.com.au (as provided in the Developer Subscriber Terms and Conditions).
Flexi Premium Subscription has the meaning described in clause 4 of Part B of the Customer Terms.
Further Term has the meaning in clause 3.2 of Part A of these Customer Terms.
Ignite Platform means the https://ignite.realestate.com.au/ desktop website, mobile website and mobile application (including mobile phone, tablet and wearable applications) and related systems.
Initial Term has the meaning in clause 3.1 of Part A of these Customer Terms.
Lease Section means the section of the Platform for listings of properties for rent located at realcommercial.com.au/for-lease.
Minimum Commitment has the meaning in clause 12 of Part C of these Customer Terms.
Non-Listing Products means the Products described in Part D of these Customer Terms and are Products available for purchase from us that are not listings or Depth Products.
Order has the meaning in clause 2(b) of Part A of these Customer Terms.
Platform means the realcommercial.com.au desktop website, mobile website and mobile application (including mobile phone, tablet and wearable applications) and related systems.
Platform Terms of Use means the terms published on the Platform and applicable to any access and use of the Platform.
Privacy Policy means our policy setting out how we collect, use, disclose and manage personal information, as published on the Platform.
Product means a Depth Product or Non-Listing Product.
Residential Subscription means a subscription to realestate.com.au that allows a subscriber to upload listings to realestate.com.au (as provided in the realestate.com.au Subscriber Terms and Conditions).
Sold Section means the section of the Platform for listings of properties that have sold, located at realcommercial.com.au/sold.
Subscription means your subscription with us that gives you the right to upload your listings to the Platform, being the subscriptions described in clauses 1, 2, 3, 4 and 6 of Part B of these Customer Terms.
Term means your Initial Term and Further Terms (if applicable).
We / our / us means realestate.com.au Pty Ltd (ACN 080 195 535) the entity operating realcommercial.com.au; and
You means you, the legal entity that owns the Agency Office.
2. Your Agreement with us
Your agreement with us (Agreement) consists of:
(a) these Customer Terms, comprising Part A – General Terms Applying to Subscriptions and Products, Part B – Special Terms applying to Subscriptions, Part C – Special Terms applying to Depth Products Part D – Special Terms Applying to Non-Listing Products; and
(b) any physical document or electronic interface that we make available to you which you sign or otherwise indicate your agreement to, and which identifies your Subscription, All Depth Contract or Depth Product Order, including, but not limited to, paper order forms, insertion orders or contracts, emails, online order forms or other documents (including those made available to you via Agent Admin or the Ignite Platform) (your Order); and
(c) the terms and conditions of our Privacy Policy, Platform Terms of Use, Ignite Terms of Use and Acceptable Use Policy applicable to your Subscription; and
(d) the terms and conditions of any credit application accepted from you.
This Agreement is the entire agreement between us about its subject matter and it supersedes all prior agreements and understandings between us.
3. Term
3.1 The term of this Agreement is the initial term set out in the relevant Order for the Subscription (Initial Term) and any Further Terms, subject to termination in accordance with this Agreement.
3.2 For Subscriptions, the Order specifies an Initial Term (usually 12 months). Following the expiry of the Initial Term, your Subscription will, subject to your rights under clause 3.3 below, continue for further periods of the same period as the Initial Term (each a Further Term) until terminated in accordance with this Agreement.
3.3 If you do not wish for your Subscription to continue for any Further Term, then you must, at least fourteen (14) days before the expiration of the Initial Term, provide us with clear written notice that you do not wish for your Subscription to continue beyond the Initial Term or the then current Further Term. If you give such notice, this Agreement will terminate upon the expiration of the Initial Term or the then current Further Term. To ensure that you are given an opportunity to exercise your rights under this clause 3.3, we will notify you via email of your opportunity to provide us with written notice under this clause 3.3 at least 40 days before the expiration of the Initial Term or the then current Further Term.
3.4 If we do not wish for your Subscription to continue for any Further Term, we will, at least 30 days before the expiration of the Initial Term or the then current Further Term, provide you with clear written notice that your Agreement will terminate upon the expiration of the Initial Term or the then current Further Term.
3.5 We may at any time migrate you from your current Subscription or Depth Contract to another Subscription or Depth Contract. If we wish to do so, we will, at least 45 days before the migration occurs, provide you with clear written notice that you will be migrated from your current Subscription or Depth Contract to another Subscription or Depth Contract, including specifying which Subscription or Depth Contract you will migrate to and the features and price of that Subscription or Depth Contract. Where migration may cause you material detriment, you may terminate this Agreement before the migration occurs by giving us written notice during the 45 day notice period.
4. Your warranties and representations
You represent and warrant to us that at all times during the Term of this Agreement:
(a) you hold all required licences or accreditations to sell or lease all your listings on the Platform;
(b) you have authority to sell or lease all your listings on the Platform and have the proper authorities in place required by State or Territory regulations; and
(c) you will comply with all of your obligations set out in clause 6.
5. Your acknowledgements
You acknowledge and agree that at all times during the Term of this Agreement:
(a) in consideration for us granting you a right to upload listings to the Platform and the other services we provide, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, licence to other persons, use and adapt for any purpose related to our websites any content you provide to us during the Term, and this licence survives termination of this Agreement by you or us;
(b) we may, at our discretion, remove or amend some or all of your listings if you are, in our reasonable opinion, in breach of your obligations under clause 6(e) below;
(c) you are solely responsible for the content of your listings and any errors or omissions in your listings – our role is one of publisher;
(d) we may vary this Agreement or any of its constituent documents at any time and we will notify you of all variations via Agent Admin. In addition, for variations that may cause you material detriment, we will give you at least 30 days’ written notice via email or post before the variation takes effect and you may terminate this Agreement by giving us written notice during the 30 day notice period;
(e) this Agreement consists of the documents referred to in clause 2 above, as varied from time to time in accordance with clause 5(d) above;
(f) all features of our Subscriptions and Products are subject to change, development and discontinuation and, as such, we may vary or discontinue any feature of a Subscription or Product at any time and we will notify you of all variations or discontinuations via Agent Admin. In addition, for variations or discontinuations that may cause you material detriment, we will give you at least 30 days’ written notice via email or post before the variation or discontinuation takes effect and you may terminate this Agreement by giving us written notice during the 30 day notice period;
(g) we will use best endeavours to provide you with continuous and fault-free operation of the Platform and the other services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so;
(h) where you have provided us with your contact details or your employees have provided us with their contact details (verbally or in writing, including by the provision of a business card to our employees) we may contact you and your employees from time to time in relation to Products and services offered by us or our business partners and you authorise us:
(1). to contact you or your employees via email, text message push notifications and other electronic media, unless you explicitly request us not to contact you via these media; and
(2). to contact you or your employees via any of these methods without including an unsubscribe facility, to the extent permitted by law.
(i) we may share the personal information of you and your employees with our affiliates so that they can contact you about recent property transactions.
6. Your obligations
Your obligations to us are as follows:
(a) you will only upload listings to the Platform yourself or via an authorised third party who has been provided with and agreed to each of the documents comprising this Agreement (subject always to clause 6(l) below);
(b) if you are, in our reasonable opinion, in breach of clause 6(e) below, you will promptly comply with any direction we give to you in relation to your relevant listing(s), including any direction to delete, amend or update any relevant listing(s);
(c) you will comply with the Privacy Policy, Acceptable Use Policy and Platform Terms of Use (as varied from time to time);
(d) where you provide us with personal information of any individual, you must inform that individual that their personal information will be used and disclosed by us in accordance with our Privacy Policy;
(e) you will ensure that any statement you make to us or any content or material supplied by you (including content uploaded to the Platform):
(1). is not unlawful;
(2). is not provided for an improper purpose;
(3). is not misleading or deceptive or likely to mislead or deceive (including for the reason that the branding on a listing would, or would be likely to, mislead or deceive consumers about who is responsible for selling the relevant property (i.e. Agency Group(s), Agency Office(s) or individual agent(s))
(4). does not include information that is defamatory, fraudulent, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction; and
(5). does not otherwise breach the Acceptable Use Policy;
(f) you will comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010 (including the Australian Consumer Law); fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits) and any other applicable advertising standards and regulations including the Privacy Act 1988 and regulations thereunder;
(g) you will ensure that you and all employees of your Agency Office(s) will treat our employees with courtesy at all times and not threaten, harass, abuse, assault, use offensive language towards, defame or repeatedly and unnecessarily contact our employees, contractors or agents or otherwise cause them distress or discomfort;
(h) you will comply with any guidelines and codes issued by your local and national body for your type of organisation;
(i) you will ensure that your username and password for accessing any service supplied by us are kept secure at all times and are only disclosed to persons employed by you or engaged to provide services to you and who are authorised to incur charges on your behalf. However you are responsible for any use of any service supplied by us using your username and password by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use;
(j) you undertake that you will only collect, use, disclose and store personal information obtained through the Platform including through leads generated by users submitting enquiries on the Platform, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about, unless advised otherwise by us;
(k) unless we waive this requirement, you must have one Subscription per Agency Office and may only have one Subscription per Agency Office;
(l) you will not allow anyone else to use your Subscription to list on the Platform, including but not limited to:
(1). a person working in another Agency Office;
(2). another Agency Office;
(3). an Administrative Office in your Agency Group; or
(4). any individual that is not using your Subscription in the course of their employment for your Agency.
It is acknowledged that an Agency Group may have one Administrative Office that does not require a Subscription.
7. Termination or suspension by us
7.1 Without limiting our other rights, we may immediately terminate this Agreement or suspend or temporarily remove any of your listings if:
(a) you fail to pay any fees or charges due to us within 30 days after the due date;
(b) any of your warranties or representations in clause 4 are incorrect;
(c) you are in material breach of your obligations under this Agreement (and, for these purposes, any breach of any obligation under clause 6 (e)(1)-(4), (f)-(g) and (j) above will be regarded as material);
(d) you are in breach of this Agreement (whether or not the breach is material and you fail to rectify the breach within 7 days of us giving you notice of the breach and requiring that it be remedied);
(e) you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent; or
(f) you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
7.2 In the event that we exercise our right to:
(i) terminate this Agreement pursuant to clause 7.1 above, you will remain liable for all Subscription and Product fees until the termination or expiration of this Agreement; or
(ii) suspend or temporarily remove your listings pursuant to clause 7.1 above, you will remain liable for all Product fees related to the relevant listings, except where you have a right to be refunded at law.
7.3 Notwithstanding any of our rights to terminate or suspend as set out in clause 7.1, we may limit (in whole or in part) your ability to add new listings if you fail to pay any fees or charges due to us within 7 days after the due date.
8. Termination by you
In addition to any rights of termination you may have under another clause of this Agreement, you may immediately terminate this Agreement if:
(a) we are in material breach of any of our obligations under this Agreement;
(b) we are in breach of any of our obligations under this Agreement (whether or not the breach is material) and fail to rectify the breach within seven (7) days of you giving us notice of the breach and requiring that it be remedied;
(c) we enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent;
(d) we are wound up or an application for winding up is filed; or
(e) we exercise our right to suspend or temporarily remove your listings under clause 7.1 for a period of 30 days or more.
9. Effect of termination or suspension
9.1 Termination of this Agreement or suspension or temporary removal of listings pursuant to clause 7.1 does not:
(a) relieve you of your liability to pay fees up to the effective time of termination;
(b) relieve either party of its accrued obligations and liabilities pursuant to this Agreement which may be enforced before or after termination; or
(c) waive any accrued rights in respect of any breach of this Agreement by either party.
9.2 REA may decide, in its sole discretion, not to enter into a new agreement with you if you have previously terminated an Agreement or contract of any type with REA.
9.3 The sums payable by you on termination shall be a debt due to us payable within 30 days of notice of termination.
10. Fees and billing
10.1 The initial fees for your Subscription and Products will be specified in your Order. Fees are payable from the date specified in your Order. Subscription fees are payable monthly and for the avoidance of doubt the fees specified in your Order are the monthly rates (unless stated to be for a different period).
10.2 We reserve the right to change the fees for any Subscription or Product at any time. You will be notified 30 days in advance of any changes to fees and may terminate prior to these changes taking effect if you consider these will cause you a material detriment.
10.3 Current and amended fees will be made available to you through a channel notified to you for the applicable Product, such as our Platform, these terms and conditions, our tools or marketing materials. It is your responsibility to quote up-to-date prices and the fees apply regardless of your ability to recoup the fees.
10.4 If we incur a third party cost to process a card payment or other transaction, we may charge a reasonable transaction fee.
10.5 The initial month’s fees may be billed in advance or in arrears to fall within our regular billing cycle. Fees for subsequent months are payable in accordance with the invoice we submit to you.
10.6 At our discretion, we may send invoices to you by email or such other electronic method as we may notify to you. Upon request you will advise us an email address to which we may send your invoices. It is your responsibility to ensure that email address is accurate, up-to-date, functioning properly and regularly monitored by an authorised person on your behalf. It is also your responsibility to advise us of any changes to the email address to which invoices should be sent. If an email address notified by you ceases to function properly or otherwise should be amended, you will promptly provide an alternate email address for the purpose of receiving invoices. Invoices are deemed to be received by you on the day immediately following the date shown by our email system as the sent date. Any failure to receive an invoice does not relieve you of liability for payment of fees by the due date shown on the invoices.
10.7 You will pay all taxes, duties and other government charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future including, without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on our income.
10.8 Fees for Subscriptions are determined on the basis of the physical location of the Agency Office holding the Subscription, not the billing address listed for the Agency Office.
11. Credit provisions
11.1 You acknowledge and agree that we may at any time:
(a) obtain from a credit reporting agency, a credit report containing personal credit information about you or your directors and officers, in relation to any commercial credit we provide or consider providing to you;
(b) receive from a credit reporting agency, a credit report containing personal information about you or your directors and officers in relation to overdue payments;
(c) give information to, or seek information from, any credit provider named in a credit report issued by a credit reporting agency, and any existing, previous or future supplier of goods to your or any related party of the Applicant (as defined in the Corporations Act 2001) and such information may include details of your (or your related parties’) credit arrangements, credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other; and
(d) in circumstances where we request a director’s guarantee to secure the repayment of any amount you owe to us from time to time and this is not provided to us, charge the interest you have now or in the future either solely or jointly in all present and after-acquired personal property.
11.2 You acknowledge that the security interest granted to realestate.com.au Pty Ltd pursuant to clause 11.1(d) is capable of being registered pursuant to the Personal Property Securities Act 2009 (PPS Act). You further acknowledge that the security interest will continue until we give a final release in relation to the secured goods.
11.3 You acknowledge that we may take all necessary steps to register the security interest granted to us pursuant to clause 11.1(d) under the PPS Act, and you consent to us doing so. You further undertake to promptly provide any information and do all things as required by us to enable us to perfect our security interest in the goods.
12. Limitation of liability and indemnity
12.1 To the extent permitted under the Competition and Consumer Act 2010 (including the Australian Consumer Law) or any other applicable law, each party:
(a) excludes all conditions and warranties implied into this Agreement;
(b) excludes liability for consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits); and
(c) limits its liability for breach of any consumer guarantee, condition or warranty that cannot be excluded to (at the party’s option) resupplying the relevant service or paying the cost of having the relevant service resupplied.
12.2 Each party must take all reasonable steps to minimise any loss it suffers or is likely to suffer and that is the subject of a claim under this Agreement. If a party does not take reasonable steps to minimise that loss, then liability for the relevant claim will be reduced accordingly.
12.3 Neither party will be liable under this Agreement to the extent that liability is caused by:
(a) the other party’s breach of its obligations under this Agreement or its negligent act or omission; or
(b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond its control including, in our case, viruses, other defects or failure of the server hosting the Platform.
12.4 You indemnify us and our officers, employees and agents (“those indemnified”) against any losses, damages and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any third party claim related to:
(a) your breach of clause 6(e)(1)-(4); or
(b) any other negligent act or omission or wilful misconduct by you in connection with your use of the Platform.
12.5 We will notify you within a reasonable period of any third party claim giving rise to a claim for indemnification. To the extent that we caused or contributed to any loss, your liability will be reduced proportionately.
12.6 Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.
13. Assignment
13.1 You must not assign this Agreement without our prior written consent, which will not be unreasonably withheld.
13.2 We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.
14. Notices
14.1 We will send all notices and other communications to you at the email address you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address.
14.2 All notices from you to us (including termination notices) must be sent by email to renewals@realcommercial.com.au.
Emails will not be accepted from Hotmail, Gmail or similar accounts. These contact details may be amended from time to time. It is your responsibility to check these General Terms for the current contact details.
15. General provisions relating to rights and remedies
15.1 No delay or failure by either party to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by either party will be effective unless it is in writing and signed.
15.2 If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of this Agreement has full force and effect.
15.3 Each party’s rights and remedies provided in this Agreement are in addition to other rights and remedies given by law and equity independently of this Agreement.
16. Governing Law
16.1 The laws of Victoria, Australia govern this Agreement.
16.2 Each party submits to the exclusive jurisdiction of the Courts of Victoria, Australia and waives any right to object to an action being brought in the Courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
Part B: Special terms applying to Subscriptions
1. Standard Subscriptions
1.1 A Standard Subscription provides you with:
(a) the right to upload ten (10) new commercial property listings as Basic Listings at no cost (Limit) and the opportunity to purchase additional Basic Listings above the Limit, as well as additional Products.
A listing will be deemed to be uploaded as a Basic Listing if a Depth Product is not applied within 24 hours of upload. If a Depth Product is later applied, you will be charged for both the Basic Listing (if you have exceeded the Limit) and the Depth Product and no refunds will be provided.
If a Depth Product expires and a listing reverts to a Basic Listing this will not be counted towards the Limit;
(b) property market data, statistics and analytics (Market Data);
(c) data to help you track the effectiveness of a listing campaign against other comparable listings on the Platform and return on investment data such as number of views and measures of user engagement with the listing (Campaign Data); and
(d) tools designed to help you use social media in conjunction with your subscription (Social Media Tools).
1.2 You acknowledge that Market Data and Campaign Data:
(a) is provided for general indicative and trending purposes only – we do not warrant the accuracy or reliability of this data and it should not be regarded as a substitute for professional advice;
(b) is provided for your internal business use only and may not be copied, reproduced, published or disclosed to any person outside your agency or franchise group, save that Campaign Data may be used to illustrate to your clients the performance of their listing(s) on the Platform and in presentations and meetings with prospective clients as an example of the performance of a property campaign on the Platform; and
(c) may not be used, referenced or quoted for promotional purposes of you, your agency or your franchise group.
1.3 You acknowledge that the Social Media Tools may include links to third party websites and applications and you agree to comply with any terms and conditions that govern these.
2. Access Subscriptions
2.1 An Access Subscription provides you with the right to upload your commercial property listings to the Buy Section or Lease Section (as applicable) with a commitment to upgrade each listing to an Enhanced Listing or higher depth tier.
For the avoidance of doubt, customers on an Access Subscription cannot upload Basic Listings.
3. Flexi Premium Subscriptions
3.1 A Flexi Premium Subscription, combines:
(a) the rights of a Standard Subscription, at a discounted price compared to the Standard Subscription; and
(b) an All Depth Contract which is required to be purchased as part of a Flexi Premium Subscription.
3.2 Eligibility for Flexi Premium Subscriptions varies from time to time and is determined by reference to a range of factors, including the volume of listings and types of Depth Products you are using.
3.3 As a condition of accessing the benefits of a Flexi Premium Subscription, any commercial sale or lease listing that you upload to a real estate portal must be uploaded to realcommercial.com.au as soon as practicable during the Term, subject only to restrictions imposed by law or by binding prior contract. You must maintain and transfer these listings to the Sold Section or Leased Section (as applicable) without removal for indefinite display.
3.4 You can view the up-to-date Depth Product prices for each suburb under a Flexi Premium Subscription on the rate card supplied by your Account Manager or such other method or location notified to you from time to time. Any special offers specifying different prices or look-up tools will override these prices.
4. Pay-Per-Listing
4.1 If you have a Residential Subscription or Developer Subscription, you can place an Order for a listing to be uploaded to the Buy Section or Lease Section (Pay-Per-Listing) at a communicated Pay-Per-Listing rate, subject to Part B of these Customer Terms (and, if the ordered listing is a Depth Product, Part C of these Customer Terms will also apply).
4.2 You will not be entitled to any refund if you incorrectly or inadvertently select or load a listing as a Pay-Per-Listing listing, either via Agent Admin or via XML feed.
5. Subscription upgrades and downgrades
5.1 You may downgrade your Subscription on a contract anniversary by giving us at least 30 days’ notice in advance of that contract anniversary. If you elect to downgrade your Subscription under this clause 5.1, you will enter a new 12 month Initial Term for the Standard Subscription, Access Subscription, or Flexi Premium Subscription (as applicable).
5.2 You may upgrade to an Access Subscription or Flexi Premium Subscription (as applicable) at any time.
5.3 Subscriptions tiers upgrade from Standard, to Access, to Flexi Premium and downgrade from Flexi Premium, to Access, to Standard.
Part C: Special terms applying to Depth Products
1. Basic Listing
1.1 A Basic Listing typically ranks below all other listings in search results, depending on the users’ search criteria and ordering preferences.
1.2 Basic Listings expire 90 calendar days after the later of the date that the property:
(a) was first listed on the Platform;
(b) was last modified by you or your representative; or
(c) reverted to a Basic Listing from any upgraded listing on the Platform.
1.3 Basic Listings are removed from the Platform if they have not been updated or modified for a period of more than 90 calendar days or as otherwise allowed for in these terms (e.g. where a listing contains unlawful content, we may remove it where you have failed to modify it).
1.4 A Basic Listing uploaded through a Standard Subscription is not entitled to any agent or agency branding.
2. Enhanced Listing
An Enhanced Listing is an upgraded listing Product that allows you to promote your listing above Basic Listings in the search results, for the term specified in your Order. Enhanced Listings typically rank below any Elite Listing or Elite Plus Listing in the search results, depending on the users’ search criteria and ordering preferences. All Enhanced Listings receive agency branding.
3. Elite Listing
3.1 An Elite Listing is an upgraded listing Product that allows you to promote your listing above Enhanced Listings and Basic Listings in the search results, for the term specified in your Order (Elite Listing Term). Elite Listings typically rank below Elite Plus Listings in the search results, depending on the users’ search criteria and ordering preferences.
3.2 Elite Listings also provide a larger agency logo and property photo than Enhanced Listings or Basic Listings.
4. Elite Plus Listings
4.1 An Elite Plus Listing is an enhanced listing Product to promote your listings above Elite Listings, Enhanced Listings and Basic Listings, for the term specified in your Order and depending on the users’ search criteria and filtering.
4.2 Elite Plus Listings also provide a larger agency logo and property photo than Elite Listings, Enhanced Listings and Basic Listings.
5. [Not used]
6. Lower Valued Asset (LVA) option
6.1 If your Contract specifies that you are entitled to the LVA option and a new listing meets the following criteria, you can downgrade your listing to an Elite or Enhanced listing at your contracted rate without using an allocated Exception for the Quarter (as set out in Part C clause 13).
6.2: For listings in the:
(a) Sale Section:
(i) If you hold an Elite Plus All contract and your listing has a sale price of $800,000 ex GST or less, a LVA option may be applied; or
(ii) If you hold an Elite All contract and your listing has a sale price of $600,000 ex GST or less, a LVA option may be applied.
If a price range is provided for the listing, the maximum price will be the deemed sale price.
(b) Lease Channel:
(i) If the listing is located in Victoria, NSW or QLD, with a rental price per annum of $75,000 ex GST or less, a LVA option may be applied. If a price range is provided for the listing, the maximum price will be the deemed lease price; or
(ii) For listings located in all other States and Territories, with a rental price per annum of $50,000 ex GST or less, a LVA option may be applied. If a price range is provided for the listing, the maximum price will be the deemed lease price.
6.3 If your property is listed both For Sale and For Lease you must meet both For Sale and For Lease thresholds to use a LVA option.
7. [Not used]
8. Building Profiles
8.1 The Building Profile Product is a premium Depth Product available for purchase subject to your Subscription and contracted commitment to Depth Products. A Building Profile allows you to showcase an entire building and its assets, features, benefits and the spaces that are available for sale and/or for lease.
8.2 The Building Profile Product includes three (3) listing search results in the Buy Section and/or Lease Section. Additional listing search results may be added to a Building Profile. Any special rate or discounts we have otherwise made available to you do not apply to these additional listing search results you link to a Building Profile. Listing search results associated with a Building Profile must not have a term that is longer than the term of the Building Profile that it links to.
8.3 If you purchase a Building Profile, you are responsible for supplying and maintaining all digital assets, data and information required to populate and manage the Building Profile and any listing search results you add to the Building Profile. Any errors or omissions in this content is your sole responsibility and you indemnify us against any claim or loss arising from it, including for breach of third party intellectual property rights.
8.4 A Building Profile will run for the period specified in the Order, after which any listing search results on the Building Profile revert to Basic Listings. You may renew your Building Profile/s on 30 days prior written notice.
8.5 Building Profiles are billed at a building or property level and are charged in accordance with your Order.
8.6 Building Profiles are provided on an ‘as is’ basis and are subject to change, development and discontinuation. We will notify you if this happens and any listing search results in a Building Profile will be reverted to an Elite Plus Listing for the remainder of the intended term of the Building Profile, or 180 days (whichever is shorter).
9. Conjunctional listings
9.1 Conjunctional listings are available where more than one Agency Office or Agency Group is appointed to sell or lease a property. Conjunctional listings allow for the placement of up to four (4) Agency Offices or Agency Groups on a listing.
9.2 Conjunctional listings may be upgraded with Depth Products (i.e. to an Enhanced Listing, Elite Listing or Elite Plus Listing) at any time. The prominence of each Agency Office or Agency Group on the listing is rotated in accordance with the branding rotation rules applicable.
10. Sold Section
10.1 The Depth Product features described above apply in the Buy Section of our Platform. Those features will transfer to the Sold Section of the Platform for the remainder of the Depth Product Term for listings marked as sold, leased or under contract (until marked as sold).
11. General provisions applying to Depth Products
11.1 Where you have submitted an Order for a Depth Product in respect of a property listing (Depth Product Order), you cannot cancel or modify it without our agreement.
11.2 Refunds will not be given:
(a) once a Depth Product Order has been submitted;
(b) where you incorrectly or inadvertently make a Depth Product Order or select or load listings as Depth Products;
(c) where properties listed in the form of Depth Products are sold, leased or removed from the site for any reason before the expiry of the Depth Product’s term;
(d) in respect of any unused portion of any Depth Product’s term where another Depth Product is purchased to further upgrade the listing with; and
(e) if due to your Subscription terminating or being suspended (for any reason), your Depth Product Order(s) being terminated or suspended (as applicable) before the end of the Depth Product term.
11.3 You cannot swap the property nominated in your Depth Product Order with any other property.
11.4 If a listing is upgraded to a higher priority Depth Product and the new Depth Product has a term less than the remaining term of the existing Product for that listing, then the listing will revert to the previous Depth Product once the term of the new Depth Product has expired.
11.5 You may upgrade from Basic to Enhanced, or Enhanced to Elite, or Elite to Elite Plus at any time.
11.6 No downgrades are permitted for any Depth Product during the term of the Depth Product.
11.7 Where the term of a Depth Product extends beyond the renewal date for your Subscription and your Subscription is renewed, then that Depth Product will be displayed for the remainder of its term, but it will be charged at the rate applicable to the Depth Product during the Further Term for your Subscription.
11.8 Where more than one of the same Depth Product appears in a set of search results, the order of appearance is at our discretion.
11.9 If you purport to cancel a Depth Product or Depth Product Order you acknowledge that you shall remain liable for the fees payable until expiry of the Depth Product.
11.10 Any images contained in Depth Products must comply with our reasonable directions given from time to time.
11.11 You may be sent an offer to re-feature a Depth Product for an additional term at a discounted price. If this offer is accepted prior to the expiration of your current campaign you will not be entitled to a refund in respect of the unused remainder of your current campaign.
11.12 Listing products include external link functionality which may be used to link through to your agency website or online listing brochures, project brochures or other project resources but must not be used to link to other listing portals or websites that promote other businesses or services.
12. All Depth Contracts
12.1 To be eligible for an All Depth Contract we may require that you meet certain criteria determined by us in our absolute discretion, including that you purchase (or are expected to purchase) at least four listings in the Lease Section and at least four listings in the Buy Section per year (“Eligibility Criteria”). If you do not meet the Eligibility Criteria we reserve the right to not accept any request or order from you for an All Depth Contract. If you hold an All Depth Contract and cease to meet, or are reasonably expected to cease to meet, the Eligibility Criteria in any period we reserve the right to (amongst other things) elect to not renew your All Depth Contract as set out in clause 3 of Part A above.
12.2 An All Depth Contract automatically elevates all of your new listings to an agreed type of Depth Product at a discounted price, subject to the same terms and conditions. After submitting your Order for an All Depth Contract there may be a delay before the Product is activated.
12.3 An All Depth Contract may require you to upload a minimum number of listings over a specified period, to which Depth Products will be automatically applied, which also constitutes a Minimum Commitment. If you do not reach the Minimum Commitment, you will still be charged as if you had reached the Minimum Commitment, on the assumption that the listings comprising your Minimum Commitment were charged at the Tier 2 rate for the State in which your Agency Office is located.
12.4 The following listings may be counted towards the Minimum Commitment:
(a) new listings that have not been upgraded already;
(b) listings that are re-upgraded during the listing campaign duration; and
(c) aged listings that are upgraded at the contract rate.
For the avoidance of doubt, listings in the Lease Section will contribute towards the Minimum Commitment of a Depth Contract for the Buy Section. Similarly, listings in the Buy Section will contribute towards the Minimum Commitment of a Depth Contract for the Lease Section.
12.5 You may upgrade any Depth Contract at any time by upgrading the Depth Product type (e.g. from Elite All to Elite Plus All)
12.6 We may from time to time may vary the types of All Depth Contracts to which a Minimum Commitment will apply and any other terms and conditions applicable to the Minimum Commitment. In accordance with clause 5(f) of Part A above, if these changes would cause a material detriment we will give you at least 30 days’ notice before the variation takes effect and you may terminate your All Depth Contract by giving us written notice during the 30 day notice period.
12.7 All Depth Contracts are subject to the same Term provisions as set out in clause 3 and Termination provisions in clauses 7 and 8 of Part A, above, as if they were a Subscription. You shall remain liable for the fees payable until the termination and these shall be a debt due to us payable within 30 days of notice of termination.
13. Exceptions on All Depth Contracts
13.1 In this clause 13: “Contracted Channel” means:
(a) the Buy Section in respect of an All Depth Contract for sale listings or sale and lease listings; and
(b) the Lease Section in respect of an All Depth Contract for lease listings.
“Eligible Upgrades” means unique paid upgraded listings that you upload to realcommercial.com.au in your Contracted Channel. Listings which are downgraded to a Basic Listing using an Exception are not counted as Eligible Upgrades.
“Quarter” means each three month period commencing 1 July, 1 October, 1 January or 1 April.
13.2 Some of our All Depth Contracts specify that in each Quarter, you may downgrade a fixed number of your new listings (Exceptions). If Exceptions are specified in your contract, the following terms apply:
13.3 During each Quarter of the Term, you may downgrade a fixed number of your listings uploaded in the Contracted Channel under your All Depth Contract (each an “Exception”). Your volume of Exceptions per Quarter will be equal to twenty five percent (25%) of the volume of Eligible Upgrades during the previous Quarter, ending on the last day of the month, rounded down to the nearest number.
13.4 If an Exception is applied you may downgrade your listing to a lower depth tier at your contracted rate or to a Basic Listing at no cost.
13.5 You will not be eligible for Exceptions in the first Quarter of the Initial Term.
13.6 Exceptions may only be applied via Agent Admin within 24 hours of listing upload.
13.7 Unused Exceptions in a Quarter will be forfeited and will not roll over for use in the subsequent Quarter.
13.8 If you have an All Depth Contract in both Channels you can use your Exceptions in either channel.
Part D: Special terms applying to Non-Listing Products
1. Agency Search
1.1 The Agency Search Product is a section of realcommercial.com.au which contains details of Agency Offices and Agency Groups (Agency Profiles).
1.2 Agency Profiles contain details an Agency Office or Agency Group have submitted to our site. It may also include properties sold and rented by the Agency Office or Agency Group and a free text description of the Agency Office or Agency Group.
1.3 The results and ranking of any Agency Office or Agency Group for a particular location searched by a user is determined by reference to the user’s search criteria (including location), the number of relevant listings on the Platform, your ranking on our Consumer Quality Index and other relevant information supplied by the Agency Office or Agency Group. To appear in Agency Search you must have a Subscription. From time to time we may change the criteria for the results and ranking of an Agency Office or Agency Group.
1.4 Even if an Agency Office or Agency Group holds a Subscription, it may not appear in an Agency Office or Agency Group search (although they will still have an Agency Profile): (a) business brokers and (b) property owners. We reserve the right, in our absolute discretion, to determine whether or not an agency is a business broker, property owner or other type of agency. Business brokers and property owners are excluded from Agency Search because, in our opinion, consumers would not be able to list commercial real estate for sale or rent through these parties.
1.5 It is a breach of clause 6(e) of Part A of this Agreement and the Acceptable Use Policy to include false information or increase the ranking of the Agency Office or Agency Group by manipulating the data we use in a misleading manner.
1.6 Ranking of Agency Offices or Agency Groups:
(a) are provided for general indicative and trending purposes only; and
(b) may not be used, referenced or quoted for promotional purposes of you, your Agency Office or your Agency Group.
1.7 We reserve the right to place limitations on or alter the look and feel of our Agency Search Product from time to time and will notify you of any material changes.
2. Region Sponsorship
2.1 For the term and region(s) specified in your Order, the region sponsorship entitles you to banners within specified pages of our Platform (Region Sponsorship).
2.2 Your agency-branded banner on the Platform can only link to your own website or your agency profile and must not include property listings.
2.3 Region Sponsorship is not available to individual agents.
2.4 Up to two agencies can acquire the Region Sponsorship for a region at any one time. If there are two simultaneous bookings for a region, each booking will receive a separate banner on the desktop Platform plus 50% SOV of a single banner on the mobile Platform.
2.5 If a user conducts a multiple suburb, postcode or region search then the banner on the results page may rotate between the customers who have purchased the Region Sponsorship in those searched locations.
2.6 There is no right of first refusal on the Region Sponsorship.
2.7 We will endeavour to apply your branding to the banner using your logo, photo, primary colour and contact details from Agent Admin at no cost to you. Should you choose to adopt our templated creative solution, no changes can be made. Alternatively, You may supply your own banner creative for the Platform, in which case you must provide it to us at least 5 working days before the scheduled Start Date (as set out in your Order) and the creative must comply with the Acceptable Use Policy and is subject to our approval.
3. Email Alert Strip Ads
3.1 The Email Alert Strip Ad Product lets you advertise you or your Agency Group in property eAlerts sent to registered users of our Platform who have requested the relevant eAlert.
3.2 Only one customer may have an Email Alert Strip Ad in one suburb at any one time.
3.3 Email Alert Strip Ads can link through to your website or your Agency Profile, but your Email Alert Strip Ad must not link to any other websites that promote other businesses or services.
3.4 You may not use the Email Alert Strip Ad Product to promote any listings or any development project.
4. Half Page and MREC Banners
4.1 Our Half Page and MREC Banner Products entitle you to placement of banner display advertising targeted towards either a state or national audience via our Platform’s home page or Agency Search section, and such other sections of our Platform as we communicate to you as being available from time to time.
4.2 The duration and format for Half Page and MREC Banners may vary and we will advise you, at the time of placement, what duration and format is available at that time.
4.3 Half Page and MREC Banners must:
(a) include your or your Agency Group’s current branding and may link to your website or a dedicated campaign website; and
(b) not include any property, development or listing content. For the avoidance of doubt, you may not promote a portfolio or listings or an auction event.
5. Native Advertising
5.1 The Native Advertising Product entitles you to banner advertising within the property search results page and property details page of a specified suburb and section of our Platform’s mobile applications, e.g. Melbourne – For Sale (iOS App). Other targeting options may also be applicable.
5.2 Native Advertising is subject to availability and there is a maximum number of Native Advertising placement spaces available on our Platform.
5.3 Native Advertising may only be used to link through to your Elite or Elite Plus listing.
6. Sponsored Content
The Media and Advertising Terms and Conditions apply to any purchase of Sponsored Content as if those terms formed part of these Customer Terms.
7. Audience Maximiser
7.1 Audience Maximiser is a display advertisement product for a property that is served on third party websites and applications that have made their display advertisement inventory available via an open advertisement exchange. These websites and applications are not guaranteed and are subject to change.
7.2 Audience Maximiser will advertise a property to consumers that have searched on the Platform for a property with matching attributes. The location, optimisation and frequency of Audience Maximiser are subject to availability and will be determined in our sole discretion. The estimated number of clicks for each Audience Maximiser campaign is an estimate only and we do not guarantee a particular number of clicks.
7.3 Audience Maximiser can only be ordered for properties with an Elite or Elite Plus upgrade. A property identification number must be provided a minimum of three (3) business days’ notice before the scheduled start date in respect of a commercial property that has been upgraded in the Buy or Lease Section and remains upgraded for the duration of the Audience Maximiser campaign. Any changes to the start date or listing upgrade tier must be requested with a minimum of three (3) business days’ notice and the listing advertised cannot be changed during the campaign.
7.4 If the listing to which an Audience Maximiser applies: (a) is modified, this may not be reflected in the Audience Maximiser for up to 48 hours; (b) is sold, Audience Maximiser will be labelled “sold”; (c) is removed from the Platform (e.g. because your subscription with us expires or is suspended or terminated or the property is deleted or moved “off market”), Audience Maximiser will cease to be displayed.
7.5 The Media and Advertising Terms and Conditions shall also apply to purchases of Audience Maximiser (which will be deemed to be “Insertion Orders” for the purposes of such terms). To the extent of any inconsistency between these terms and the Media and Advertising Terms and Conditions, these terms will prevail.
8. Audience Maximiser All
8.1 To be eligible for Audience Maximiser All, you must acquire or maintain an Elite Plus All contract for the Buy Section or Lease Section for the Term.
8.2 If you purchase Audience Maximiser All, Audience Maximiser will automatically be applied to all your commercial listings uploaded during the Term under your Depth Contract.
8.3 The Audience Maximiser campaign for each listing will go live 7 days after the listing is uploaded to our Platform. If there are any periods during which the ‘go live’ date will be later than 7 days, these will be communicated to you at least 14 days in advance.
8.4 Once live, the campaign will run for the duration listed in your order form.
8.5 If within the first 72 hours of being uploaded to our Platform, a listing is deleted or moved to “Off market”, “Sold” or “Leased”, the Audience Maximiser campaign will not run and you will not be charged.
8.6 If later than 72 hours after being uploaded to our Platform, a listing is:
(a) deleted or moved to “Off market”, the Audience Maximiser campaign will run but with REA house advertisements; or
(b) moved to “Sold” or “Leased”, the Audience Maximiser campaign will run but with a “Sold” or “Leased” banner,
and in either case, you will be charged for Audience Maximiser on this listing.
8.7 During each Quarter of the Term, you may select a fixed number of your listings where an Audience Maximiser campaign will not run (each an “Audience Maximiser Exception”). Your volume of Audience Maximiser Exceptions per Quarter will be equal to twenty five percent (25%) of the volume of Eligible Upgrades during the previous Quarter, ending on the last day of the month, rounded down to the nearest number (where “Eligible Upgrades” and “Quarter” have the meaning set out in clause 13 of Part C).
8.8 An Audience Maximiser Exception can only be applied to a listing within 24 hours of upload. If an Audience Maximiser Exception is applied to a listing, an Audience Maximiser campaign will not run in respect of that listing and you will not be charged for an Audience Maximiser campaign. An Audience Maximiser Exception will automatically be applied where you downgrade a listing under your Elite Plus All Depth Contract. Each use of an Audience Maximiser Exception will reduce the number of Audience Maximiser Exceptions available for the Quarter in which it is applied.
8.9 You will be charged for each Audience Maximiser campaign on the date the campaign goes live, and no refunds will be provided (except in accordance with non-excludable consumer guarantees).
8.10 For listings uploaded less than 7 days before the end of the Term, you will be charged when the Audience Maximiser campaign goes live and this charge will be payable in the billing cycle following the end of the Term.
8.11 If you want to purchase an Audience Maximiser after the initial Audience Maximiser campaign has expired or after using an Audience Maximiser Exception, you can manually purchase an Audience Maximiser at your contracted rate by contacting your Account Manager.
8.12 Unused Audience Maximiser Exceptions in a Quarter will be forfeited and will not roll over for use in the subsequent Quarter.
8.13 If you have an Audience Maximiser All contract in both Channels you can use your Audience Maximiser Exceptions in either channel.
9. General provisions applying to Non-Listing Products
9.1 We reserve the right to set eligibility criteria for Non-Listing Products and cannot guarantee eligibility to any Agency Office or Agency Group.
9.2 The purchase of any Non-Listing Product does not automatically confer any right of first refusal for further use of the Non-Listing Product beyond the term set out in your Order.
9.3 Images in Non-Listing Products must comply with our reasonable direction from time to time.
9.4 Unless otherwise specified, you may request to provide your own creative for Non-Listing Products. Any creative provided under this clause is subject to our approval, compliance with our Acceptable Use Policy and must be provided to us in the form, quality and specifications required at least five (5) working days before the scheduled start date of the Non-Listing Product (as set out in your Order or notified to you). If we provide creative for your Non-Listing Product, our third party creative builder may contact you in relation to the creative.
9.5 You may not cancel or modify an Order for a Non-Listing Product once it has been submitted.
9.6 The Media and Advertising Terms and Conditions apply to all Non-Listing Products unless the context requires otherwise or to the extent that they are inconsistent with these Customer Terms (in which case these Customer Terms prevail) and an Order for Non-Listing Advertising shall have the same meaning as an “Insertion Order”.
Last updated March 2024.