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Subscriber Terms & Conditions

Conveyancing Concierge Australia 

SaaS Subscriber Agreement

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1. Operator & Consent

This Platform and website (collectively, the Platform) is operated by Conveyancing Concierge Australia, ABN 33 656 996 708 (we, our, us). By accessing, subscribing to, or using the Platform, you agree to be bound by these Terms & Conditions of Use (Agreement) and our Privacy Policy. If you do not agree, you must cease use immediately.

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2. Definitions

  • Platform means the Conveyancing Concierge Australia SaaS solution, including associated websites, tools, integrations, alerts, workflows, and documentation.

  • Subscriber means the licensed settlement agent, lawyer, or authorised representative who subscribes to and uses the Platform.

  • User Content means all information uploaded, submitted, or transmitted by you or on your behalf.

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3. Licence & Intellectual Property

3.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform during the term of an active subscription.
3.2 All rights, title, and interest (including copyright, trade marks, know-how, source code, data models, workflows, business processes, and trade secrets) in the Platform are and remain our exclusive property.
3.3 You must not copy, reverse engineer, sub-license, resell, frame, or create derivative works of the Platform or its Content.
3.4 User Content remains your property, but by submitting it you grant us a worldwide, irrevocable, perpetual, royalty-free licence to use, store, copy, and process it as required to operate the Platform.

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4. Subscriber Obligations

The Subscriber is solely responsible for:

  • verifying all client information;

  • compliance with the Settlement Agents Act 1981 (WA), Settlement Agents Code of Conduct, ARNECC Participation Rules, AML/CTF Act 2006 (Cth), trust accounting obligations, and all other statutory and professional standards;

  • secure storage and retention of records for at least 7 years as required by law;

  • maintaining professional judgement, oversight, and accountability at all times.

You must not misuse the Platform, introduce malicious code, resell access, or upload unlawful, infringing, defamatory, or offensive material.

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5. Data Retention & Security

5.1 To minimise exposure and enhance client protection, all client submissions, alerts, and related documents are retained within the Platform for a maximum of three (3) months from upload, after which they are permanently sanitised and deleted.
5.2 It is the Subscriber’s responsibility to promptly download and securely store submissions, declarations, and audit records for statutory retention.
5.3 We accept no liability for permanent data loss where the Subscriber fails to retain records.
5.4 While we employ industry-standard security (AWS hosting, encryption, access controls), we do not warrant that the Platform or data transmissions will be entirely secure.

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6. Third-Party Services

The Platform may integrate with or link to third-party services (e.g., Stewart Title, PEXA, Xero). We do not control or warrant such services. Reliance on, or disputes with, such services is solely between you and the third party.

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7. Fees & Payment

7.1 Fees: Subscription and per-submission fees are payable as published on our Site or otherwise agreed in writing between the parties. Fees may be varied by us with 30 days’ written notice, and continued use of the Platform after such notice constitutes acceptance of the varied fees.

7.2 Invoicing: Invoices will be issued to the Subscriber monthly, at the end of each calendar month, covering all subscription and per-submission fees accrued during that month.

7.3 Payment Terms: The Subscriber must pay all invoices in full within seven (7) days of the invoice date (one business week), without set-off, deduction, or counterclaim.

7.4 Late Payment:
(a) If any amount remains unpaid after the due date, we may (without prejudice to any other rights or remedies):

  • charge interest on the overdue amount at a rate equal to the cash rate target set by the Reserve Bank of Australia plus 2% per annum, accruing daily until payment is received in full;

  • suspend or restrict access to the Platform until all outstanding amounts are paid; and

  • recover from the Subscriber all reasonable costs incurred in the recovery of overdue amounts (including legal fees on a solicitor–client basis and debt collection agency costs).

(b) Interest, costs, and charges under this clause are payable on demand.

7.5 Non-Payment & Termination: Failure to pay invoices when due constitutes a material breach of this Agreement and entitles us to suspend or terminate the Subscriber’s access to the Platform in accordance with clause 12 (Termination).

7.6 Suspension & Data Deletion for Non-Payment:
(a) Suspension of Access: If the Subscriber fails to pay any invoice by the due date, we may, at our sole discretion and without liability:

  • suspend or restrict the Subscriber’s access (and that of its authorised users) to the Platform;

  • withhold delivery of any reports, alerts, or documents; and

  • maintain the suspension until all outstanding amounts (including any interest and recovery costs under clause 7.4) are paid in full.

(b) Deletion of Data: If payment remains outstanding for more than 30 days after the due date:

  • we may permanently delete all data associated with the Subscriber’s account, subject to our standard three (3) month data retention policy;

  • the Subscriber acknowledges that once deleted, such data cannot be recovered; and

  • we accept no liability for any loss or damage suffered by the Subscriber as a result of such deletion.

(c) No Waiver: Suspension or deletion under this clause does not limit our right to recover the debt or terminate this Agreement for material breach.

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8. Warranties & Disclaimers

8.1 To the maximum extent permitted by law, all implied guarantees and warranties are excluded.
8.2 We do not warrant that:

  • the Platform will meet your specific requirements;

  • it will be uninterrupted, timely, secure, or error-free;

  • outcomes achieved will be accurate, complete, or free from error.

8.3 Nothing in this Agreement excludes guarantees under the Australian Consumer Law that cannot lawfully be excluded.

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9. Limitation of Liability

9.1 To the maximum extent permitted by law, our total liability (including that of our directors, employees, and contractors) is limited to the subscription fees paid in the 12 months preceding the claim.
9.2 We exclude liability for:

  • indirect, incidental, consequential, exemplary, or special damages;

  • loss of profit, goodwill, reputation, or anticipated savings; data loss, business interruption, or regulatory penalties.

9.3 We are not liable for events outside our reasonable control, including cyberattacks, hosting failures, or government action.
9.4 Nothing in this Agreement excludes liability for fraud, wilful misconduct, or liability that cannot be excluded under Australian law.

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10. Indemnities

10.1 You indemnify and hold us harmless from all claims, losses, costs, or damages arising from:

  • use of the Platform contrary to this Agreement;

  • breach of laws, professional obligations, or third-party rights; unauthorised access through your systems or accounts.

10.2 Our indemnity to you is limited solely to losses directly caused by our wilful misconduct or fraud.

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11. Force Majeure

We are not responsible for any failure or delay due to events beyond our reasonable control, including natural disasters, power outages, hosting failures, industrial disputes, or cyberattacks.

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12. Discontinuance & Termination

We may suspend or terminate your access if you breach this Agreement, or discontinue the Platform in whole or in part at our discretion. Liability, indemnities, and IP protections survive termination.

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13. Disputes

Disputes must first be notified in writing and escalated to senior representatives. If unresolved within 21 days, the matter must proceed to mediation in Perth, WA, and if still unresolved, to arbitration under the Resolution Institute rules.

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14. Severance

If any provision of this Agreement is void, illegal, or unenforceable, it will be read down or severed without affecting the remainder.

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15. Governing Law & Jurisdiction

This Agreement is governed by the laws of Western Australia. You irrevocably submit to the exclusive jurisdiction of WA courts.

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16. Amendments

We may amend this Agreement by publishing updated terms on our Site. Continued use constitutes acceptance.

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17. Acceptance

By subscribing, registering, or continuing to use the Platform, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions of Use.

 

Last updated: 5 November 2024
Conveyancing Concierge Australia, ABN 33 656 996 708
Email: info@conveyancingconcierge.com.au

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