PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
The following terms of service (“Terms of Service”), govern :
- your access to and use of the AFLAS Site and mobile application, including any content, functionality and services or Legal Documents offered on or through www.AFLAS.com.au or the AFLAS mobile application (the “Site”);
- or any discussions, conversations of any kind in any form – whether in writing or verbal, or any other form of interaction by you with any employee or contractor of AFLAS or of any subsidiary of AFLAS (“Engagement”);
- the referral to you (via email, phone or other form of communications) by AFLAS of any consumer who is seeking a Designated Service to be provided by you resulting from the consumers interactions with AFLAS (“Service Referral”) and any Accepted Lead resulting from that Service Referral ;
- the provision of a Designated Service by you to a consumer resulting from a Service Referral (“Service Provision, Service or Service Provider”)
in each case provided or supplied by Australian Family Law Advisory Services Pty Ltd ABN 24 661 745 606 and its subsidiaries.
Australian Family Law Advisory Services Pty Ltd and its subsidiaries are collectively referred hereto as “AFLAS”, “we” or “us”; “you” or “Service Provider ” means you as a service provider in acting as a Service Provider for Service Referrals.
“Accepted Lead” means a Service Referral sent by us that you accept, and receive contact details for irrespective of whether or not you actually make contact, attempt to make contact or make contact and there is no reply from the consumer.
“AMS” means the AFLAS Matching Service, which is our proprietary system, based on a range of criteria including but not limited to stated consumer Service budgets, your advised fees for Designated Services, personality type, preferred form of interaction by a consumer and your Service Rating which combined is used by AFLAS in allocating Service Referrals to you.
“Budgeted Fee” this is a genuine good faith pre-estimate made by AFLAS in consultation with the consumer and based on our experience and knowledge of fees, cost, and values of assets which we advise you in part of the Service Referral and shall apply as follows for each of the Designated Services:
|Designated Service||Budgeted Fee|
|Legal Services||The single GST exclusive value of the estimated legal costs to be incurred by the consumer for the whole of the matter.|
|Accounting Services||The single GST exclusive value of the estimated accounting costs to be incurred by the consumer for the whole of the matter.|
|Financial Planning||The estimated total value of the Gross Assets controlled/ owned (jointly or individually) by the consumer.|
|Mortgage Broking||The estimated total value of any Mortgage, owed or to be owed (jointly or individually) by the consumer.|
|Insurance Broking||The estimated total value of Insurance Contract(s) to be taken out (jointly or individually) by the consumer.|
|Real Estate Sales & Leasing||The estimated total value of any Property to be sold which is owned (jointly or individually) by the consumer.|
“Directory Listing” means any listing by you, your business, or a related entity on our online directory, or Site.
“Designated Service” means the agreed category or classification of services for which you have the necessary skills, experience, authorities, approvals and ability to provide to a consumer, the categories for which are set out in this agreement. The initial Designated Services shall be:
- Legal Services
- Accounting Services
- Financial Planning
- Mortgage Broking
- Wellness/ Mental Health
- Insurance Broking
- Real Estate Sales & Leasing
“Enquiry Email” means the email address referred to in clause 2(a)(i), and any email address used to promote your business on the Site.
“Enquiry Number” means the telephone number referred to in clause 2(a)(ii), and any telephone number used to promote your business on the Site.
“Service” means within your Designated Services categories, any and all services performed under or in connection with:
- accepted Lead;
- a Service Referral; or
- Service Contract.
“Service Contract” means the creation of a verbal or written agreement with an Accepted Lead for you to provide a Service.
“Service Rating” means the rating assigned to you by AFLAS based on feedback and reviews of consumers for whom you have performed a Service, your Service Standards and your Engagement.
“Service Standards” means those performance standards and criteria set by AFLAS from time to time which are used by AFLAS to assess the efficiency, timeliness and quality of your engagement with ALFAS, any Service Referral and or Services performed and which may impact the likelihood and number of ongoing Service Referrals provided in comparison to any other Service Provider within the same Designated Service category.
- Our key obligation to you
- We will, within the limitations of the AMS and your Service Rating provide you Service Referrals for your agreed Designated Services during the term of this Agreement (AFLAS Services).
- Given the nature of our business, the fact that consumers are free to accept or otherwise not accept any quotes you provide for any Referred Services, we cannot guarantee that any Accepted Leads will result in any Service Contracts arising.
- You further acknowledge and agree that any information provided by us in relation to a Service Referral or Accepted Lead is based solely on the information provided to us from the individual consumer. We do not in any way represent or warrant that any of the information is accurate, complete, not misleading or not incomplete and that you specifically acknowledge and confirm to us that you do not rely on any information delivered to you by us in relation to a Service Referral or an Accepted Lead and or for the purposes of entering into a Service Contract. Further, you will undertake your own investigations and diligence and secure all necessary information, facts, background and details prior to entering into any Service Contract arising from any Accepted Lead.
- Your key obligations to us
- You must:
- Provide us with an active email address for us to direct emails to and for you to receive emails.
- Provide us with an active mobile telephone number capable of receiving voice calls and SMS for us to direct enquiries to you and for you to receive Service Referrals.
- You may also provide us with an active land line number.
- Provide us with a current, valid ABN for your business.
- Provide us with details of all licences or qualifications you hold that are required for you to accept and perform the Services, or accept Service Referrals in your Designated Service category.
- Successfully complete appropriate validation and diligence checks determined by AFLAS from time to time before you will have the ability to accept any Service Referrals or otherwise become active on our platform.
- Provide us with accurate and current details for the bank account or credit card you have elected to use to make all payments required to be made by you in accordance with the Agreement and ensure that you maintain sufficient funds and/or credit in that account/on that credit card to enable you to do so.
- Promptly notify us of any relevant changes to your contact details including your Enquiry Email, Enquiry Number, or of any changes to your ABN, licensing status, bank account or credit card details and any other information you are required to maintain with us. You can notify us by contacting us directly.
- Ensure your Enquiry Email and Enquiry Number is monitored by an employee of yours or another person authorised by you during business hours.
- Ensure a voicemail system is available for consumers to leave a voicemail message on your Enquiry Number during non-business hours.
- Only accept or perform Service Referrals that you are licensed and qualified to carry out (where any such licences or qualifications apply).
- Provide us up to date fees and charges that you seek to charge for your Designated Services which we will use as part of our AMS.
- Maintain all licences or qualifications required for you to accept and/or perform Services or Service Referrals for the agreed Designated Services, and promptly notify us of any changes to, or expiry of your current licences or qualifications.
- Make contact with consumers in response to a Service Referral promptly and professionally, and in any case within 2 hours of receiving the Service Referral.
- Immediately advise us upon a Service Contract arising and send a copy of the terms of the Service Contract to us via email.
- Carry out any Service as Service Provider with due skill and care, acting as a professional of the highest professional standing and otherwise in accordance with any and all regulatory and licensing obligations that that apply to you.
- You must not, in performing or in connection with the provision of any Service, or in using the Site:
- Make any statement or representation to any person, or advertise, post or publish any content that is false, misleading or likely to mislead, or is otherwise illegal, offensive, vulgar or unacceptable, or which could expose us or a third party to liability of any kind.
- Engage in any unlawful, offensive, or unacceptable conduct, or behave in an unprofessional or negligent manner.
- Reproduce without lawful authority in any manner or form any copyright material or other intellectual property; or
- Represent that you are employed by, or that you are an agent or contractor of AFLAS.
We may at any time remove any material from our Site which in our reasonable opinion constitutes or represents a breach of clause 2(b) above.
- You must:
- Service Referrals & Fees
- Subject to Clause 1 above, a Service Referral will remain open for acceptance by you by following the instructions provided to you by us, and within the time limits set by us and notified to you when sending the Service Referral.
- You acknowledge that there may be more than one Service Provider that we may choose to provide the same Service Referral to for any one customer, and as such there may be more than one Service Provider who creates an Accepted Lead for the same Service Referral.
- You agree to pay the charges set out in this Agreement and make the payments of any Fees set out in this Agreement for all AFLAS Services via Direct Debit from your nominated account set up at time of onboarding onto our platform. We may choose to use the services of PayPal or another other regulated organisation including a Bank or third-party payment service provider to effect the Direct Debits. You agree to comply with any terms and conditions and fees payable by you as notified on the Site or otherwise advised to your from time to time regarding those services of third party service providers who provide Direct Debit services our behalf.
- Payments due for any AFLAS Service will be debited from your nominated credit or debit card
- immediately upon an Accepted Lead having been provided by us (“Accepted Lead Fee”); and
- immediately upon a Service Contract arising (“Service Contract Fee”).
- A Service Contract Fee is payable upon Service Contract arising, irrespective of whether the Service Contract is subsequently terminated, or no Service is provided under the Service Contract.
- Unless otherwise agreed between us in writing, the rate of the Acceptance Lead Fee and Service Contract Fee for the relevant Designated Services set out below in Schedule 1 of this agreement shall apply.
- In addition to our other rights and any other amounts payable by you, we may recover all fees and charges reasonably incurred in recovering overdue payments from you, including legal and debt recovery charges. We reserve the right to engage debt collection agents or institute legal proceedings against you to recover overdue payments. We may also charge simple interest of 4 per cent above the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) per annum accruing daily on any overdue amounts.
- Any failure by us to charge any fee does not constitute a waiver of our right to do so, or of any other right.
- We may choose at our absolute discretion, and without limiting or rights in any way, to immediately terminate this Agreement, and remove access to our platform and the AFLAS Site, without any further notice, if you fail to pay any fees owed to us under this Agreement.
- You must not transfer or assign any of your rights or obligations under the Agreement to a third party without our written approval, and any such purported transaction is void.
- You acknowledge and agree that we may assign, novate or transfer any of our rights or obligations under the Agreement in whole or in part to a third party at our discretion and without seeking your further consent.
Each party agrees with the other not to disclose or permit to be disclosed either directly or indirectly in any manner whatsoever information of the other party which is, or which ought to be reasonably expected to be, confidential to any person other than a person to whom such disclosure is necessary to give effect to the Agreement or as required by law.
- Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of services to you under the Agreement which cannot be excluded, restricted or modified (“Consumer Guarantee”). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited to, at our option, the supply of the services again or the payment of the cost of having the services supplied again.
- To the extent permitted by law, we have and are under no liability (howsoever arising, and whether at law, in equity, under statute or otherwise) to you for any consequential or indirect loss (including loss of profits, loss of revenue or loss of opportunity) in connection with our breach of this Agreement except to the extent caused by our gross negligence or wilful default, or that of one of our officers, employees, agents or representatives.
- You acknowledge that we cannot reasonably be involved in or responsible for your provision of Jobs to customers. To the extent permitted by law, you agree to indemnify us, and our officers, employees, agents and representatives, for any loss, damage, claim, liability or demand (howsoever arising, and whether at law, in equity, under statute or otherwise) arising out of the performance, or acceptance, by you of a Job resulting from an Accepted Lead except to the extent the loss, damage, claim, liability or demand arises out of our gross negligence or wilful default, or that of one of our officers, employees, agents or representatives.
- Subject to any obligation that cannot be excluded, restricted or modified, in no event will our aggregate liability to you arising out of or related to this Agreement exceed the amounts paid or payable by you for the Lead generation services giving rise to the liability during the 12 months preceding the first incident out of which the liability arose.
- The terms and conditions that apply under the Agreement, including these written terms and conditions constitute the entire agreement between the parties and supersedes all previous agreements or understandings between the parties in connection with its subject matter. This Agreement is additional to, and does not replace, any separate terms and conditions governing the use of the Site
- You warrant that you have relied entirely on your own investigations (including independent advice you received) and have not relied on any representation by us about the matters contained in the Agreement or services that we provide pursuant to the Agreement.
- Each party acknowledges and warrants to the other that:
- it has been given full and ample opportunity to obtain independent legal and financial advice in relation to the terms of the Agreement;
- it has not relied upon any representation or warranty, including any negligent misrepresentation made by, or on behalf of, the other party, in relation to the Agreement.
- The Agreement is governed by the law of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.
- To the extent permitted by law, if any term or words of the Agreement are void, voidable, unenforceable, or illegal, it shall be read down to the extent necessary to cure the voidability, unenforceability, illegality or other defect, or otherwise shall be severed without affecting the enforceability of the rest of the Agreement.
- We may vary these written terms and conditions from time to time.
Accepted Lead Fees & Engagement Fees ( all ex-GST) current 1 June 2023
|Designated Service||Accepted Lead Fee||Engagement Fee|
|Legal Services||$20||$695 plus 7% of the Budgeted Fee|
|Accounting Services||$20||$350 plus 7% of the Budgeted Fee|
|Financial Planning||$20||$500 plus 0.25% of the Budgeted Fee(In this case the value of the Gross Assets of the client )|
|Mortgage Broking||$20||$400 plus 0.25 % of the Budgeted Fee(In this case the value the Mortgage)|
|Wellness/ Mental Health||$20||$350|
|Insurance Broking||$20||$400 plus 0.25% of the Budgeted Fee(In this case the value of the Insurance Contract)|
|Real Estate Sales & Leasing||$20||$500 plus 0.25% of the Budget Fee(In this case being the estimated value of the Property to be sold)|