Capitalised terms used in this Agreement mean the following:
Applicable Laws means: a) all legislation, including regulations, by laws and other subordinate legislation; and b) common law and equity, which are relevant to either Party’s obligations under this Agreement.
Client, you or your means the person engaging with Direct Business or using the Direct Business Hub website or the person named as the client in the Order Form.
Fees means the fees and charges payable to us by you under this Agreement as described in the Order Form plus any fees and charges for services which you may choose to purchase from time to time through the Website.
Insolvency Event means any of the following events: you are insolvent or unable to pay your debts when they fall due; b) you commit an act of bankruptcy or an order is made for you to be wound up (other than for the purpose of solvent restructuring or amalgamation): c) a controller, receiver, receiver/manager or administrator or liquidator or provisional liquidator is appointed to you; d) you take any step such as calling a meeting of shareholders or creditors or both or an application is made to a court with the aim of effecting one of the circumstances in paragraphs a) to c) above; and e) any event analogous to the events listed in paragraphs a) to d) above.
IPR means rights in inventions, patents, trade marks, designs, and trade names and business names, copyrights, moral rights and database rights (whether or not, in each case, the right is registered and including applications for, and any right to apply for, such registrations) and all rights or forms of protection of a similar nature or having similar or equivalent effect to any of these which may subsist anywhere in the world, together with all renewals and extensions to such rights.
Order Form means the form for our Services and completed with the Client’s details.
Related Body Corporate is defined by the Corporations Act 2001 (Cth).
Service means the service we offer which may include any one or more of the following: a) a process that will allow you to upload business listings to our Website to be included in our Business for Sale portal; b) having your business featured on our Website and on other websites and social media platforms; c) trouble-shooting support; d) provision of our product range to you (including listing products and advertising campaigns); and e) any associated or ancillary services we agree in writing to provide to you.
Special Conditions means the conditions (if any) specified as such in the Order Form.
Start Date means the date specified as such in the Order Form or the date we agree to commence the service.
Website means DirectBusinessHub.com.au and any other website we nominate from time to time.
In this Agreement: a) no provision will be construed adversely to a Party because that Party was responsible for the preparation of this Agreement or that provision; and b) specifying anything after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.
This Agreement commences on the Start Date and, unless specified otherwise in the listing package, will have an initial term of one month. Unless cancelled, this Agreement will renew at the end of the initial term for a further one month in accordance with this Agreement.
You may terminate this Agreement at any time by advising us in writing or cancelling your subscription through the my account section of the website. If you choose to cancel your subscription part-way through a month we do not issue a refund for the remainder of the month.
We may terminate this Agreement:
Termination of this Agreement (by either Party) does not relieve you of your accrued obligations and liabilities under this Agreement and we reserve our right to enforce such after termination. You further acknowledge that you remain liable for all Fees incurred prior to termination and acknowledge that you must pay all outstanding amounts to us within 7 days of termination.
You are required to pay the Fees for the term of this Agreement regardless of whether you utilise or fully utilise the Service.
If we do not receive payment by the due date we may terminate this Agreement immediately.
All Fees are quoted inclusive of any GST. 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, 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.
In relation to each business you list on our Website, you represent and warrant that:
You undertake to ensure that the representations and warranties above remain true and accurate throughout the term of this Agreement.
In using the Service, you agree that:
You must only use the Service and access the Website for a bona fide purpose of listing a business for sale or purchasing a business and only where you have the authority of the business owner to do so.
You must not (and must not allow anyone else to):
We reserve the right to specify any other policies of acceptable use from time to time which you agree to comply with when notified.
Notwithstanding anything else in this Agreement, and to the extent permitted by Applicable Laws, we
You indemnify us and our Related Bodies Corporate (and their respective employees, officers and agents) (“Indemnified Persons”) in respect of any loss, damage, liability or expense incurred by the Indemnified Person in connection with a claim brought or threatened by a third party:
The clauses related to liability survives termination of this agreement.
About the Direct Business Hub site
Transactions between sellers and buyers
Direct Business Pty Ltd
Address: 426 Hunter Street, Newcastle NSW 2300
Attention: Company Secretary
P.S. If you don’t receive it soon don’t forget to check your spam folder.