Version 2.3 (26 Oct 2026: clauses 5.1, 5.4, 15.2 and 15.3 now match clause 15.6: ads never pause for non-payment, and an account still unpaid when the grace period ends lapses and its territory is released; follow up is by text and email. Version 2.2: plan fee per $30 a day of ad spend in clauses 12.1 and 13.2, new clause 15.6) in test mode. Wording marked [to confirm] is still to be confirmed.
Names, licence, territory and budget are filled in when you sign.
This page summarises the ListingGenerator Agent Services Agreement. It is a guide only. The full agreement governs. All prices are in Australian dollars and GST is added on top.
| Item | Price (+ GST) | How it is paid |
|---|---|---|
| Exclusive plan | $295 per month for each $30 per day of ad spend ($590 at $60 per day) | Charged monthly in advance to your card. No refunds for part months |
| Meta ad spend | At cost. You choose it in $30 per day steps. Above $60 per day needs our approval | Charged to your card in advance. Committed to your campaigns for the paid period and not refundable |
| Letters | Up to 50 letters a month, $150 per month | Charged monthly in advance with your plan. No refunds for part months |
| Flyers (optional) | Quoted separately | As quoted |
| Settlement fee | 0.5% of the sale price | Payable when a sale from one of our leads settles |
| Buyer introduction fee | $500 flat | Payable when a buyer we introduce buys one of your listings and it settles |
We own the leads, ads, creative, audiences, pages and portals. You get the right to contact your leads for the appraisal and sale of their property. You never need access to our ad account or page.
We work hard to deliver quality leads, but nobody can promise a set number of leads, appraisals or listings. Results depend on the market, your follow-up and the homeowner's decisions.
Tell us in writing. We will try to sort it out together within 10 business days. If that fails, we go to mediation in Brisbane before anyone goes to court. Queensland law applies.
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Version 2.2, effective [date to confirm]
ListingGenerator is a trading name of [Legal entity name to confirm] ABN [to confirm] ("ListingGenerator", "we", "us", "our"). Seller-facing advertising, letters, portals and social media are published under the name Queensland Homes.
This agreement is between us and the real estate agency and the individual agent named in the Order (together "you").
1.1 You accept this agreement when you tick the acceptance box and submit the signup form, sign the Order electronically, or start using the Services, whichever happens first.
1.2 The person who accepts confirms that they are authorised to bind the agency and the individual agent. If the person accepting is not the agency's principal licensee, we may ask the principal to confirm acceptance electronically before the Services start.
1.3 The agency and the individual agent are each responsible for all obligations under this agreement, both together and separately. This means we can recover any amount owing from either of them.
1.4 This agreement is made up of the Order, these terms and any written quote you accept for add-on services. If there is a conflict, the Order prevails, then an accepted quote, then these terms.
1.5 You can download and keep a copy of this agreement at any time from your account.
In this agreement:
Ad Spend means the amount actually spent on Meta advertising (Facebook and Instagram) for your campaigns, at cost, without mark-up.
Agency means the licensed real estate agency named in the Order, and any agency that the Agent later works for or through.
Agent means the individual agent named in the Order.
Agency Personnel means every licensee, salesperson, employee, contractor and director of the Agency, and any person working under the Agency's licence.
Attribution Window means the period of 18 months [to confirm] starting on the date we first introduce a Lead or Introduced Buyer to you. For a Mailed Property, the introduction date is the date the first Letter to that property is sent.
Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
Buyer Introduction Fee means the fee described in clause 10.
Channel means any method we use to find or engage people, including paid social media advertising, letters, flyers, our property portals, our Facebook page, websites, landing pages, forms, chat, SMS, email, phone calls, call queues, follow up and nurture sequences, referrals and any other method, whether existing now or later.
Introduced Buyer means a person who makes an enquiry through a Channel about a property you list for sale, and whose details we pass to you.
Introduced Person means a Lead or an Introduced Buyer.
Lead means a person who we introduce to you through any Channel as a potential seller of real property, and includes every owner of a Mailed Property and every person who responds to a flyer, and the Related Parties of each of them.
Mailed Property means any property to which we send a Letter during this agreement.
Mailing Record means our dated record of each address to which a Letter is sent.
Letters means the letters described in clause 8.
Order means the signup form or order confirmation that sets out your details, Territory, start date, Ad Spend level and payment details.
Related Party of a person means their spouse or partner, a parent, child or sibling, a co-owner of the property, any company in which they are a director or shareholder, any trust in which they are a trustee or beneficiary, and any person acting on their behalf, including under a power of attorney or as executor.
Sale means any transaction in which a property owned (in whole or in part) by a Lead is sold, transferred or otherwise disposed of for value, including by private treaty, auction, tender, expression of interest, off-market sale, option or put and call agreement.
Sale Price means the total price stated in the contract for a Sale, as varied before settlement.
Services means the services described in Part B, and any add-on services you order.
Settlement Fee means the fee described in clause 9.
Subscription Fee means the monthly fee for your plan.
Territory means the region or group of suburbs set out in the Order.
3.1 All amounts in this agreement are stated exclusive of GST. GST is added at the applicable rate.
3.2 We will issue tax invoices for all amounts we charge.
4.1 We will, acting with due care and skill:
(a) plan, create and run advertising campaigns to find potential sellers in your Territory;
(b) send Letters under clause 8;
(c) qualify and follow up enquiries, and introduce Leads to you;
(d) book appraisal appointments into your calendar where a Lead agrees;
(e) list your properties for sale on our portals and Facebook page under clause 7; and
(f) give you access to reporting on your Leads, appointments, Ad Spend and Letters.
4.2 We decide how the Services are performed, including which Channels, audiences, creative, wording and timing to use. We may change, pause or improve any part of the Services so long as the overall Services are not materially reduced.
4.3 We may use staff, contractors and service providers to deliver the Services. We remain responsible for their work.
5.1 While this agreement is active and your account has not lapsed under clause 15.3 (including during any grace period under clause 15.6), we will not introduce a seller Lead for a property in your Territory to any other agent.
5.2 Exclusivity covers seller Leads only. It does not stop us from:
(a) publishing listings from other clients on our portals or Facebook page, including listings in your Territory;
(b) handling buyer enquiries for other clients' listings;
(c) running general brand activity for Queensland Homes; or
(d) introducing a Lead to another agent under clause 6.4.
5.3 Territories exclude any area that we reserve for our own use or for a related business, which will be shown as unavailable when you choose your Territory.
5.4 [to confirm] If your account lapses under clause 15.3, or this agreement ends, your exclusivity ends and we may offer the Territory to another agent.
5.5 If an enquiry comes from outside your Territory, we may offer it to you or to another agent. If we introduce it to you, it is a Lead.
6.1 Each Lead is introduced to one agent only. We will not sell or share a Lead introduced to you with any other agent, except under clause 6.4.
6.2 A person becomes a Lead introduced to you when we send their details to you, book them into your calendar, or connect them to you by phone, SMS, email or any other method. Our records of the introduction are proof of it unless you show they are wrong. Every owner of a Mailed Property is introduced to you on the date the first Letter to that property is sent, under clause 8.7, whether or not they contact us.
6.3 Prior appraisals and existing appointments. We want you to keep the benefit of work you did before we came along. If we introduce a Lead through any Channel, including a Letter, flyer or portal, and before our introduction date you had already genuinely appraised the Lead's property, or the Agency already held a signed agency appointment for it, you can ask us to exclude that property from the Settlement Fee. This is how it works:
(a) Evidence. You give us dated evidence that you were in contact with the owner about the property before our introduction date. Examples are a dated appraisal or comparative market analysis sent to the owner, your CRM record, a calendar booking, a signed agency appointment, or emails, text messages or call logs with the owner. Screenshots are acceptable evidence, as long as they show the date and identify the owner or the property.
(b) How recent. The appraisal or contact must be dated within the 12 months [to confirm] before our introduction date. A signed agency appointment must have been in force on our introduction date.
(c) When to claim. You must make your claim within 14 days [to confirm] after we notify you that a property you have listed or reported matches a Lead, or when you tell us under clause 19.1 that the Agency has been appointed to sell the property, whichever is earlier.
(d) Our review. We will review your evidence and confirm in writing whether the exclusion is accepted, within 5 Business Days [to confirm] after receiving it. We will not unreasonably refuse a claim that meets this clause.
(e) Effect. If we accept the claim, no Settlement Fee applies to a Sale of that property by that owner. The exclusion covers only the property in the evidence. If you do not make a claim in time, or we do not accept it, the Lead is treated as introduced by us for all purposes.
(f) Fair use. Making claims you know are unsupported, repeatedly making claims that are not supported [to confirm], or giving fabricated or altered evidence, is a breach of this agreement. Giving fabricated or altered evidence is a serious breach under clause 29.4, and the Settlement Fee is payable as if no claim had been made.
6.4 Reassigning a Lead. We may introduce a Lead to another agent if:
(a) you do not contact the Lead within 1 Business Day after we introduce them;
(b) you miss a booked appraisal without rescheduling it with the Lead;
(c) the Lead asks to deal with a different agent; or
(d) your account lapses under clause 15.3 or this agreement ends.
If you or any Agency Personnel later deal with that Lead, the Settlement Fee still applies.
6.5 No guarantee of results. We do not promise any number of Leads, appraisals, listings or sales. Results depend on many things outside our control, including the market, your follow-up, the Lead's circumstances and decisions, and advertising platforms. Our Lead qualification is based on what the person tells us and we do not guarantee it.
6.6 Lead quality. If a Lead has fake details, a disconnected phone number, is a duplicate, or is clearly not a property owner or not interested in selling, you can tell us within 7 days of the introduction. We will review it and, if we agree, we will mark it invalid and it will not count in your reporting. An invalid Lead is still subject to the Settlement Fee if a Sale later occurs.
7.1 While this agreement is active, we will list your properties for sale on our local property portals and may feature them on the Queensland Homes Facebook page. There is no charge for this.
7.2 We decide whether, how and for how long a listing is displayed. We may edit listing content to suit our format, and we may decline or remove any listing.
7.3 You must give us accurate listing information and update or withdraw it promptly when it changes, including when a property is under contract or sold.
7.4 Buyer enquiries made through our portals, our Facebook page or any other Channel come to us first. We pass them to you, and the enquirer becomes an Introduced Buyer.
7.5 If an Introduced Buyer tells us they also need to sell a property, they are also a Lead.
7.6 We may continue to display sold and archived listing information after a listing ends or this agreement ends.
8.1 If you choose Letters, we send up to 50 Letters a month to owners of properties in your Territory that are withdrawn from sale, have been on the market for an extended time, or are listed for sale by their owner.
8.2 We decide which properties receive Letters, how many Letters are sent (up to 50 a month), their content, design and timing. Unused Letters do not carry over to the next month.
8.3 Letters may promote you, Queensland Homes or both, and may invite the owner to contact us or you. Anyone who responds is a Lead.
8.4 The Letters fee is $150 per month, plus GST, for up to 50 Letters a month. It is charged monthly in advance with your Subscription Fee.
8.5 We may change the Letters fee on 30 days' written notice, for example if postage or printing costs change.
8.6 The Letters fee is not refundable and is not reduced for part months, including the month in which this agreement ends, or for any month in which fewer than 50 Letters are sent.
8.7 Every Letter is an introduction. Each Letter introduces the owner of the Mailed Property to you, on your behalf, on the date it is sent. The owner of every Mailed Property is a Lead from that date, even if they never contact us or you in response. If the Agent, the Agency or any Agency Personnel is appointed to sell, lists or sells a Mailed Property within the Attribution Window, the Settlement Fee applies under clause 9.
8.8 Mailing Record. We keep a dated Mailing Record of every address to which a Letter is sent, and you can view it in your account or ask us for a copy at any time. The Mailing Record is conclusive evidence that the owner of the Mailed Property was introduced to you on the date shown, subject only to an exclusion accepted under clause 6.3.
8.9 The same rule applies to flyers under clause 11.3. Anyone who responds to a flyer is a Lead from the date of their response, whether they contact us or you.
9.1 When it is payable. Subject to any exclusion accepted under clause 6.3, you must pay us a Settlement Fee of 0.5% of the Sale Price, plus GST, for each Sale that settles where:
(a) the Agent, the Agency or any Agency Personnel is appointed to sell the property, assists with the Sale, or receives any commission, fee or benefit in connection with the Sale; and
(b) the appointment, or the contract for the Sale, whichever comes first, is signed within the Attribution Window for that Lead.
9.2 What it covers. The Settlement Fee applies:
(a) to Leads from every Channel, without exception, including the owner of every Mailed Property whether or not they ever contacted us;
(b) to every property owned by the Lead or a Related Party, not just the property they first enquired about;
(c) to each Sale within the Attribution Window, including where a property is withdrawn and re-listed, or the Lead sells more than one property;
(d) whichever Agency Personnel handles the Sale, including an agent who did not receive the original introduction;
(e) if the Agent moves to another agency and that agency handles the Sale; and
(f) if the Agent, the Agency or any Agency Personnel, or a Related Party of any of them, buys the property, in which case the Settlement Fee is calculated on the purchase price.
9.3 No avoidance. You must not do anything to avoid the Settlement Fee, including referring the Lead to another agent or agency for a referral fee or other benefit, encouraging the Lead to delay signing until after the Attribution Window, asking the Lead to say they found you some other way, or arranging a Sale through a related entity. If you do, the Settlement Fee is payable as if the Sale had been handled by you.
9.4 When it is due. We will invoice the Settlement Fee on or after settlement. It is due 7 days after the invoice date.
9.5 Sale not completed. If a contract is terminated and does not settle, no Settlement Fee is payable for that contract. The Lead remains subject to the Attribution Window for any later Sale.
9.6 Commission not affected. The Settlement Fee is payable whether or not you receive your commission, and whatever commission rate you charge.
9.7 Survives termination. The Settlement Fee continues to apply after this agreement ends, for the full Attribution Window of every Lead introduced before it ended.
10.1 You must pay us a Buyer Introduction Fee of $500, plus GST, if an Introduced Buyer, or a Related Party of an Introduced Buyer, signs a contract within the Attribution Window to buy any property listed with the Agency, and that contract settles.
10.2 The Buyer Introduction Fee is payable for each property bought, whichever of your listings the buyer first enquired about.
10.3 The Buyer Introduction Fee is invoiced on or after settlement and is due 7 days after the invoice date.
10.4 If the property sold is also from a Lead, both the Settlement Fee and the Buyer Introduction Fee apply.
10.5 The Buyer Introduction Fee continues to apply after this agreement ends, for the full Attribution Window of every Introduced Buyer introduced before it ended.
11.1 Letterbox flyers and other add-ons are optional and are quoted separately.
11.2 When you accept a quote in writing, it forms part of this agreement. Unless the quote says otherwise, add-ons are paid in advance.
11.3 Anyone who responds to a flyer or other add-on, whether to us or directly to you or the Agency, is a Lead from the date of their response. You must tell us within 2 Business Days if anyone contacts you in response to a flyer.
11.4 Letterbox distribution is done by third parties. We will use reasonable efforts to ensure accurate delivery, but we cannot guarantee that every item reaches every letterbox.
12.1 The Subscription Fee for the Exclusive plan is $295 per month, plus GST, for each $30 per day of Ad Spend or part of it. For example, $60 per day of Ad Spend is $590 per month, plus GST. If your Ad Spend changes, the Subscription Fee changes from the next monthly charge.
12.2 The Subscription Fee is charged monthly in advance, starting on the start date in the Order.
12.3 The Subscription Fee is not refundable and is not reduced for part months, including the month in which this agreement ends.
13.1 You pay the Ad Spend for your campaigns, at cost.
13.2 You choose your Ad Spend in steps of $30 per day, starting at $30 per day. Ad Spend above $60 per day needs our written approval. We may suggest a change, but we will not change your Ad Spend without your agreement. [Ramp to confirm]
13.3 We charge your card for Ad Spend in advance, weekly or monthly as set out in the Order, based on your daily level. Once charged, Ad Spend is committed to your campaigns for that paid period and is not refundable. If a platform delivers less than the amount charged in a period, the difference is carried into your campaigns for the following period, or, in the final period, the campaigns keep running until it is spent. If you give notice to end this agreement, campaigns you have paid for run their course to the end of the paid period.
13.4 Ads run from our Queensland Homes page and our ad account. You do not receive access to the page, the ad account, the audiences or the advertising data, and you must not request access from Meta or any other provider.
13.5 Advertising platforms set their own rules and costs. We are not responsible for changes in cost per lead, ad rejections or account restrictions imposed by a platform, but we will act promptly to resolve them.
14.1 You authorise us, and our payment provider, to charge the card or account you give us for all amounts due under this agreement, including Subscription Fees, Ad Spend, the Letters fee, add-ons and any invoice for a Settlement Fee or Buyer Introduction Fee that is unpaid 7 days after its due date.
14.2 You must keep a valid card on file at all times and update it before it expires.
14.3 Card processing fees charged by our payment provider may be passed on at cost.
15.1 If a payment fails, we will notify you and retry the payment.
15.2 [to confirm] We never pause your ads because of non-payment. If a payment fails, the grace period in clause 15.6 applies: your ads keep running and we keep sending you Leads until it ends. Letters may pause while a payment is unpaid.
15.3 [to confirm] If your account is still not up to date when the grace period in clause 15.6 ends, your account lapses. When it lapses, your Territory exclusivity ends under clause 5.4, your Territory is released and may be offered to another agent, Letters stop, and new Leads from your Territory are no longer introduced to you. Amounts already owing, and any amount payable under clause 15.6, remain payable.
15.4 Overdue amounts attract interest at 1.5% per month [to confirm], calculated daily from the due date until paid.
15.5 You must pay our reasonable costs of recovering overdue amounts, including collection agency and legal costs.
15.6 Leads during an unpaid period. [to confirm] If a payment fails, you have a grace period of 7 days to bring your account up to date, and we keep your ads running and send you leads during that time. If any lead we send you during the grace period becomes a listing (you sign an agency agreement for that property) and your account has not been brought up to date, 100% of the ad spend for the grace period becomes payable by you, plus GST. This is on top of any amounts already owing and on top of the settlement fee of 0.5% of the sale price + GST. It is due within 7 days of our invoice and applies whether or not your account is later closed or your territory released.
16.1 We may change the Subscription Fee, the Letters fee, the Buyer Introduction Fee or the Settlement Fee rate by giving you at least 30 days' written notice.
16.2 If you do not accept the change, you may end this agreement by written notice before the change takes effect, without paying any remaining Subscription Fees for the minimum term.
16.3 A change to the Settlement Fee rate or Buyer Introduction Fee does not apply to people introduced to you before the change takes effect.
17.1 You warrant that the Agency and the Agent each hold, and will keep, every licence and registration required to perform real estate work in Queensland, and you will tell us immediately if any licence is suspended, cancelled or made subject to conditions.
17.2 You must deal with every Introduced Person honestly, professionally and courteously, and comply with all laws that apply to you, including real estate, consumer, privacy and spam laws.
17.3 You must make any disclosure about this agreement or the fees under it that the law requires you to make to your clients.
17.4 You must not hold yourself out as part of, or as an agent of, Queensland Homes or ListingGenerator, and you must not make any statement on our behalf.
You must:
(a) contact each new Lead within 1 Business Day after introduction, and sooner where the Lead has asked for it;
(b) attend every booked appraisal, or reschedule it directly with the Lead at least 24 hours in advance;
(c) keep the calendar you share with us accurate, including blocking out times you are unavailable;
(d) update the outcome of each Lead and appraisal in our system within 1 Business Day after any contact or appointment;
(e) follow up Leads who are not ready to sell for as long as they remain interested; and
(f) tell us in advance if you will be unavailable for more than 3 Business Days, so we can manage bookings.
19.1 You must tell us in writing within 2 Business Days after any of the following happen for a property of an Introduced Person:
(a) the Agency is appointed to sell the property;
(b) a contract for a Sale, or a contract to buy any property listed with the Agency, is signed, including the Sale Price and expected settlement date;
(c) the contract becomes unconditional, is varied or is terminated; and
(d) settlement occurs.
19.2 When asked, you must give us a copy of the agency appointment, the contract for sale and the settlement statement or commission invoice, or other evidence of the Sale Price that we reasonably require.
19.3 If you fail to report a Sale under clause 19.1, you must pay an administration fee of $150, plus GST, to cover our reasonable costs of identifying and verifying the Sale. This is in addition to the Settlement Fee or Buyer Introduction Fee.
19.4 If you do not give us evidence of the Sale Price within 10 Business Days after we ask for it, we may calculate the fee using the best information available to us, such as public sale records or the last advertised price. We will adjust the invoice if you later give us satisfactory evidence.
20.1 We may, on 5 Business Days' written notice and no more than twice in any 12 months (unless we reasonably suspect a breach), audit the Agency's records relating to Introduced Persons, including CRM records, agency appointments, contracts, settlement statements and commission records.
20.2 You must give us, or an accountant we appoint, reasonable access to those records and copies on request.
20.3 If an audit shows that you have underpaid any fee by more than 5%, you must pay the underpaid amount, interest under clause 15.4, and our reasonable costs of the audit.
20.4 This clause continues for 12 months after the last Attribution Window under this agreement ends.
21.1 You grant us a free, non-exclusive licence to use your name, photo, logo, licence details, listing photos, floor plans, descriptions and other content you provide, for the purpose of delivering the Services, including in ads, Letters, flyers, portals and social media.
21.2 You warrant that you have all rights and consents needed to grant this licence, including from photographers and from your vendors, and that the content is accurate and not misleading.
22.1 We own, and keep all rights in:
(a) all Lead and Introduced Buyer data, enquiry records, call recordings and qualification notes;
(b) all ads, creative, copy, landing pages, forms and Letter and flyer templates;
(c) the Queensland Homes name, brand, Facebook page, portals and websites;
(d) all ad accounts, pixels, audiences and advertising data; and
(e) all systems, scripts, processes and know-how used in the Services.
22.2 Nothing in this agreement transfers ownership of any of these things to you.
23.1 We grant you a non-exclusive, non-transferable licence to contact each Introduced Person introduced to you, for the purpose of appraising, listing and selling their property, or helping them buy a property you have listed.
23.2 Once an Introduced Person appoints the Agency, you may keep and use their information as your client for that engagement and as the law requires.
23.3 You must not sell, share or give any Introduced Person's information to anyone else, or use it for any other purpose, without our written consent.
23.4 When this agreement ends, your licence ends for any Lead who has not appointed the Agency. Ending the licence does not affect the Settlement Fee or Buyer Introduction Fee.
24.1 Each party must handle personal information in connection with this agreement in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, whether or not that Act otherwise applies to it.
24.2 We collect Introduced Persons' consent to share their details with a local agent. You must only contact them in ways that respect that consent and any request to stop contact.
24.3 You must keep Introduced Persons' information secure, and tell us within 2 Business Days if you become aware of any unauthorised access to it, or any privacy complaint about it.
25.1 Each party must keep the other's confidential information confidential, and use it only for the purposes of this agreement. Confidential information includes our pricing, processes, scripts, reports, targeting and Lead data.
25.2 This does not apply to information that is public (other than through a breach), or that must be disclosed by law, or to disclosures to professional advisers on a confidential basis.
25.3 This clause continues after this agreement ends.
26.1 During this agreement and for 12 months after it ends, you must not, directly or indirectly, employ, engage or solicit any of our staff or contractors who were involved in delivering the Services to you.
26.2 You must not copy, imitate or reproduce our ads, creative, Letters, landing pages or brand, or create a brand or page that could be confused with Queensland Homes.
26.3 You must not try to obtain Leads, Introduced Buyers or our data other than through the Services, or act in a way that is designed to avoid paying any fee under this agreement.
We may refer to your results in general terms in our marketing (for example, a number of appraisals or listings). We will ask for your permission before using your name or any testimonial.
28.1 This agreement starts on the start date in the Order and continues for a minimum term of 3 months [to confirm].
28.2 After the minimum term, it continues month to month until ended under this Part.
29.1 By you. You may end this agreement by giving us at least 30 days' written notice. You may give notice during the minimum term, but the agreement will not end before the minimum term ends, except under clause 16.2. If a paid Ad Spend period runs past the end date, the agreement continues until that period ends so your campaigns can run their course.
29.2 By us for convenience. We may end this agreement by giving you at least 30 days' written notice.
29.3 By either party for breach. Either party may end this agreement immediately by written notice if the other party:
(a) breaches this agreement and does not fix the breach within 10 Business Days after receiving written notice of it; or
(b) becomes insolvent, enters administration, liquidation or bankruptcy, or makes an arrangement with its creditors.
29.4 By us immediately. We may also end this agreement immediately by written notice if:
(a) the Agency or the Agent loses, or has conditions placed on, a required licence;
(b) you breach clause 6.3(f), 9.3, 23 or 26; or
(c) your conduct towards an Introduced Person is, in our reasonable opinion, seriously unprofessional or likely to harm the Queensland Homes brand.
30.1 When this agreement ends:
(a) we stop running ads, sending Letters and introducing Leads to you;
(b) your Territory exclusivity ends;
(c) your listings are removed from our portals and Facebook page as current listings;
(d) if you end the agreement during the minimum term, other than under clause 16.2 or 29.3, you must pay the Subscription Fees for the rest of the minimum term;
(e) no Subscription Fee, Ad Spend or Letters fee is refunded, under clauses 8.6, 12.3 and 13.3; and
(f) all amounts you owe become due.
30.2 These clauses continue after this agreement ends: 6.3, 6.4, 7.6, 9, 10, 14, 15, 19, 20, 22 to 26, 30, and Parts G and H.
Nothing in this agreement excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
32.1 To the extent permitted by law, we are not liable for any indirect or consequential loss, or any loss of profit, commission, revenue, listing, sale, opportunity, data or goodwill.
32.2 To the extent permitted by law, our total liability to you for all claims connected with this agreement is limited to the Subscription Fees you paid in the 3 months [to confirm] before the event giving rise to the claim. Ad Spend, Letters fees and other third-party costs are not included in this calculation.
32.3 We are not liable for anything caused by advertising platforms, postal and distribution services, data suppliers, internet outages or other events outside our reasonable control.
32.4 We are not liable for the conduct of any Introduced Person, the accuracy of information they give, or the outcome of any appraisal, listing or Sale.
33.1 You indemnify us, and our officers, staff and contractors, against any loss, cost (including reasonable legal costs), claim or penalty arising from:
(a) your dealings with any Introduced Person;
(b) your breach of any law, including privacy, spam, consumer and real estate laws;
(c) your breach of clauses 17, 21, 23, 24 or 25; or
(d) any claim that content you gave us infringes someone else's rights or is misleading.
33.2 Your liability under this indemnity is reduced to the extent the loss was caused by our negligence or breach of this agreement.
Nothing in this Part limits your obligation to pay any amount owing under this agreement.
35.1 If a dispute arises, the party raising it must give the other written notice describing the dispute. Senior representatives of both parties must try in good faith to resolve it within 10 Business Days.
35.2 If the dispute is not resolved, either party may refer it to mediation in Brisbane by a mediator agreed by the parties or, if they cannot agree, appointed by the President of the Queensland Law Society. The parties share the mediator's costs equally.
35.3 A party may not start court proceedings until mediation has been tried, except to seek urgent relief or to recover an unpaid amount that is not genuinely disputed.
35.4 If you dispute an invoice in good faith, you must tell us in writing within 7 days after receiving it, giving your reasons. You must pay any undisputed part by the due date. If the disputed amount is later found to be payable, interest under clause 15.4 applies from the original due date.
35.5 A dispute about whether a Lead was introduced by us is decided by our introduction records and clause 6.3.
36.1 Notices must be in writing and may be sent by email.
36.2 Our address for notices is [notice email address to confirm]. Your address for notices is the email address in the Order, as updated by you in writing.
36.3 An email notice is received when sent, unless the sender receives an automated message that it was not delivered. If it is sent after 5pm or on a day that is not a Business Day, it is received on the next Business Day.
37.1 We may change these terms by giving you at least 30 days' written notice.
37.2 If a change is materially adverse to you, you may end this agreement by written notice before the change takes effect, without paying any remaining Subscription Fees for the minimum term.
37.3 Any other change to this agreement must be in writing and agreed by both parties.
38.1 We may assign or transfer this agreement to a buyer of, or successor to, our business by giving you written notice.
38.2 You may not assign or transfer this agreement without our written consent.
We are independent contractors. Nothing in this agreement creates a partnership, joint venture, employment or agency relationship. We do not act as an agent for you, for any vendor or for any buyer in any property transaction.
This agreement is the entire agreement between the parties about its subject matter. It replaces any earlier proposal, discussion or understanding. You confirm you have not relied on any statement or promise that is not set out in this agreement.
41.1 If any part of this agreement is invalid or unenforceable, it is read down to the extent necessary, or severed, and the rest of the agreement continues.
41.2 A failure or delay in exercising a right is not a waiver of it.
42.1 This agreement may be accepted, signed and given electronically, including by ticking a box, typing a name or using an electronic signature service.
42.2 Electronic acceptance has the same effect as signing a paper copy.
This agreement is governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts that can hear appeals from them.
ListingGenerator is a trading name of [Legal entity name to confirm] ABN [to confirm].
Agents sign this agreement electronically during signup, together with an Order showing their details and territory.