Agent Service Agreement
This document including the following terms and conditions is also referred as "Agent Terms and Conditions" or "Terms and Conditions for Agents" from context of some other documents on the website.
In additional to the general terms and conditions of use of website, agents should also agree to the following terms and conditions to be able to use our system and platform. By creating an account in our system you have explicitly given us consent and agreed to be bound by the following terms and conditions.
License for your uploaded content
By uploading your company profile or / and property listing information (including pictures, texts and videos) you explicitly gave Soft Media Australia (owner and operator of website: Handy101.com) a non-exclusive, royalty-free, world-wide, perpetual license to store, use, edit, modify, re-format, transmit, exploit your content / material in any form and for any purposes. You also explicitly gave a non-exclusive, royalty-free, world-wide, perpetual license to store, use, edit, modify, re-format, transmit, exploit your content / material in any form for non-commercial purposes for each website user of Handy101.com unless expressly stated otherwise.
Intellectual Property and copyright
If your uploaded content contains copyrighted material you should expressly state it in your content and put your company logo on your texts / pictures / videos where applicable. If your content contains third party copyrighted material you should acknowledge the source or expressly state it clearly and use such material strictly following the related copyright notice / license accordingly.
If third party lodges copyright claim / complaint to you, you are obliged to remove / replace such copyrighted material from your company profile / listing or property listings. You can do this from your account control panel under "update company profile" or "update property listings" section. We may, under request from third party, send notice to you and ask you to do so to comply with our terms and conditions of use for agents set here. If you don't take action to remove / replace such copyrighted third party material from your company profile / listing or property listings within certain period of time (generally within 72 hours after we send notice to you by email unless specifically stated otherwise) we will remove / replace such material from our end. You gave us consent that we can remove / replace such copyrighted material from our end under request from the third party regardless whether we have sent notice to you or whether you have received our notice. Soft Media Australia treats copyright claims seriously and will take necessary steps to remove such copyrighted material from our system / website / platform.
Your account user name / email address
Although a general user name is allowed to create an account in our system it's not advisable to do so. Instead a valid email address is recommended. With a valid email address as your login user name you will have the ability to reset your password in the future if you have forgotten your password. Furthermore, we may use this email address to provide communication between you and the system so you will receive alert message from our system if your account is locked for protection by the system due to too many failed login attempts.
Please note our system will not verify the validity of your email address. It's your responsibility to use a valid email address to create your account. We will not be liable if your account has been locked for protection by the system under brute force attack and you are not able to reset your password using your registered email address later on. You may also have difficulty to claim your account if your email address is invalid or contains errors as you may not be able to pass our verification procedure to regain your account.
For security reason and to protect agents' accounts, we are not able to reveal account user name or email address details to you if we can't verify your identity. We will not provide assistance regarding your account claim if you don't pass our strict and lengthy verification procedure.
By creating an account in our system, you agree not to do the following:
- send junk, spam or unsolicited emails;
- pose security threat or harm the website or other people using the website;
- impersonate or abuse people using the website;
- disclose user name and password to third party;
- do other unlawful activities restricted under local laws in your country;
Agents should take necessary measures to keep their user name and password secure and in high confidentiality. Soft Media Australia will not be responsible in cases of data loss or data modification without your authorization if your user name or password is compromised.
You should inform us immediately if you notice your account has been compromised and may have been accessed by unauthorized person.
Soft Media Australia will put every effort to secure your account and data including but not limited to applying SSL and other access control measures. Due to the nature of internet and technology advancement, certain internet attack or virus may interrupt our system in unforeseen circumstances. Soft Media Australia utilizes data servers / data centres worldwide, as such, control over those data servers / data centres are quite limited. In most cases, our service providers / partners control and manage these data servers / data centres ranging from server operating system, framework, security patches, etc. Your account and data security is inevitably relying on these service providers / partners heavily. Soft Media Australia will do our part in securing our system and platform in the highest regard.
Language using in the system
Although our system can handle multiple languages, as Handy101.com is servicing English speaking communities in the world, all agents from around the world should use English only in the system. If we receive abuse report from public or if we notice certain agent is using language other than English in the system, we reserve the right to delete agent's account or related property listings or both.
Picture / Photo quality guideline
Pictures / Photos uploaded by agents for their company profile or property listings should look professional. Good quality pictures / photos actually benefit company profile and property listings and make them stand out. Property listings with good quality pictures will also result in nice thumbnails in the property search result and will attract much more visitors. If we receive public complaint regarding your picture / photo quality issues or if we notice such pictures / photos are far below standard by random manual check, we reserve the right to delete your account or related property listings or both from our system.
Banner quality guideline
For agents who order / purchase top banners, banner quality should be observed. In general banner design should look professional as opposed to ugly, picture / wordings in the banner should not be offensive in nature. The overall colour / feel should match our webpage design and won't interfere too much with other contents on our webpage. We reserve the right to ask agent to change / modify banner design and resubmit the top banner from their account if we receive user complaint / report or if we notice such banner by manual review. You give us consent we may remove / replace such banner from our end if you don't agree with our opinion or assessment even if you have already paid the top banner and the banner space has not expired yet. We may keep unused credits in your account for future use or for alternative products / services from our platform where applicable but it's not guaranteed. In general it will be handled case by case.
Third party payment gateway
For security reason, we utilize third party payment gateway (mainly PayPal and Australian National Bank payment gateway) to process credit card / PayPal payment for agents using our advertising services or upgrading their company / property listings. We don't store credit card details in our system. All transactions will be handled by those third party payment gateways directly which are among the leading and most secure in the financial industry. We can assure that all financial transactions and payment processing are protected and secured.
Please note due to fully automated payment processing procedure, refund is generally not available to agents in cases of changing mind, making mistakes during purchasing, removing ads or deleting / deactivating property listing / company profile prematurely (before expiry of ads), account lock / deactivation, etc, in particular if you deactivate your account or property listings by yourself, or if your account is suspended / locked due to security breach or under request from law enforcement agency in your country or we deem you have violated our terms and conditions of service or your account activity is suspicious and already interrupting the normal operations of other accounts or interfering the whole system.
Refund is only considered in cases of system breakdown, technical error / glitches or operation interruption from third party payment gateways. It's rare and case by case and in most cases we will offer similar products and services or account credits to replace / utilize such refund.
Data storage and disclosure
Soft Media Australia utilizes worldwide data servers and data centres from our service providers / partners, as such, data within these data servers and data centres may be subject to local law governance of the specific country. Our service providers / partners may have their law obligations regarding data storage and disclosure in their own country.
Auto-Deletion of Inactive Account / Very Old property listings
As part of the house keeping procedure, agent accounts which are not accessed / logged in within 3 years time will be deemed as inactive and will be deleted automatically by the system. By deleting the account, all data / pictures / company profile / property listings associated with the account will be deleted as well automatically. For very old property listings more than 3 years old since the last update (or the first uploaded date, whichever is later), system will delete these property listings automatically from agents' accounts. You have acknowledged that you are aware of these house keeping measures of the system and you have given us consent that Soft Media Australia will not be liable for any data loss due to this auto-deletion procedure by the system.
Claim of Account
For security reason and to protect agents' accounts, losing user name / login email is a serious matter which will prevent you from accessing your account anymore. As a last resort, you can send an account claim request to us, which is a lengthy and very strict procedure. We generally require your company's registration no. and office contact person's name to match in our system. We may also need to call you personally to verify your identity. Only after you have passed our verification procedure successfully, we then are able to reveal the user name / login email details to you. There is an expensive fee involved in this procedure as it requires our manual investigation. Paying the application fee will not guarantee you will regain your account if you can't pass our verification process and this application fee is not refundable. We urge all agents to keep their user names / login emails securely. However, you can create a new account anytime if necessary.
As the verification procedure is not perfect and we may make mistakes during the verification process. You agree and give us consent that in cases of mistakes which result in unauthorized reveal of your user name / email address to the wrong person and your account has been accessed by unauthorized person, Soft Media Australia will not be liable for such incidents and you should inform us immediately once you have noticed such security breach. Soft Media Australia will put every effort to avoid such incident from happening although we understand that human errors sometimes are hard to be foreseen or be prevented.
About Goods and Services Tax (GST)
As an Australian registered company, Soft Media Australia will apply GST (Goods and Services Tax) amount to Australian agents only under Australian tax obligation. We don't charge GST to agents from other countries outside of Australia. Consequently agents from outside of Australia won't be able to claim GST input from their company tax in their own country where applicable. There is no GST amount reflected or applied on the invoices for those agents from countries outside of Australia.
Disclaimer and limitation of liability
Soft Media Australia will not be liable for any data loss / modification or any financial damage / loss from any action at our end, or from any service or system interruption, suspension, delay of communication or transmission, virus, hardware / software failure, internet breakdown, etc. You acknowledge that we are not responsible for any conduct or harm caused by other users using our system in any circumstances. Furthermore, you consent to us that Soft Media Australia reserve the rights to lock / suspend / delete / refuse any agent's account and delete / modify / edit data under that account whenever necessary when we find certain agent has violated our terms and conditions of use, or we deem certain content / material is offensive in nature or certain account activity has posed security risk to our system or to other users of our system, or we notice certain account has disrupted the normal operation of our system / website / platform.
Legal matters will be governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia for any legal matter or dispute which arises from the above context.
The above set terms and conditions may be updated from time to time without notice. If some clauses or terms contradict to the previous one, the current version will apply. It's your responsibility to check the current version (refer version date below) whenever possible and keep yourself informed. You agree that if you find the current version has contradicted to the previous one and if you don't agree to the current terms and conditions anymore, you should stop using the service and delete your account / company profile / property listings from our system immediately where applicable.
Current document version: Sep 2016