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Referrer Agreement


This Agreement is made between Square Credit Repair Pty Ltd, ABN 83 084 860 668 (hereafter referred to as “Square”)

And

Name:

ABN:

(hereafter referred to as “Referrer”)

Whereas the Referrer may from time to time refer clients to Square via email, phone or in person, for a referral fee if a successful outcome is achieved and the client has paid their total contracted fee (known as the ‘completion fee’).

The Parties agree to the following:

  1. This Agreement will commence from the date Square has received the signed Agreement and notified the Referrer in writing of Square’s acceptance of the Referrer as a participant under this referral Agreement and will continue until this Agreement is validly terminated.
  2. Both Square and the Referrer agree to act in good faith, honestly and fairly, maintain open channels of communication and to keep the terms and conditions of this Agreement confidential and protected.
  3. The referral fee shall be calculated as ten per cent (10%) of the completion fee excluding Goods and Services Tax (GST) and will be paid by Square to the Referrer as a direct result of a referral resulting in a successful outcome where the client has paid the full amount of their contracted completion fee. The referral fee shall be paid within thirty (30) days of the full completion fee being paid by the client.
  4. In order to solicit sales, the Referrer shall not make promises or issue any warranty either expressed or implied pertaining to the services offered by Square unless authorised in writing by Square to do so.
  5. It is expressly understood that this referral Agreement does not grant the Referrer any interest in the Square’s trademarks or any other intellectual property rights.
  6. The relationship between the parties shall at all times be that of independent contractors. No employment, partnership or joint venture relationship is formed by this referral agreement and at no time may the Referrer position itself as affiliated to Square, except as an independent referrer. In view of this independent relationship the Referrer shall not enter into any agreements on behalf of Square, shall make no warranty either expressed or implied on behalf of Square, shall not incur any expenses or debts on behalf of Square, shall not charge or receive any payment or benefit from any client in relation to the services provided by Square, shall not advertise on behalf of Square without prior written approval from Square or appoint a sub-agent without the prior written approval from Square.
  7. This referral Agreement does not grant exclusive rights to the Referrer to act as a referrer on behalf of Square and the Referrer shall have no rights under any other agreements entered into by Square with other Agents/Referrers.
  8. The Referrer may do follow-up enquiries with its referred customers to confirm the completion of the service and payment of fees and to gather feedback about their experience with Square’s services as supplied.
  9. You shall indemnify, defend and hold Square harmless against any and all claims of whatsoever nature arising from misrepresentation, default, breach, misconduct, failure to perform or any other act or omission related to this Agreement.
  10. Notwithstanding any other provision of this Agreement, Square’s maximum aggregate liability to the Referrer arising out of, or in any way in connection with, the Agreement, whether based in contract, tort (including negligence), indemnity, under any warranty, under statute or otherwise at law or in equity, is limited to the value of any referral fees due and owing under this Agreement or $500, whichever is the lesser. The Referrer shall indemnify and hold Square forever harmless for any liability in excess of the amounts payable in accordance with this clause 10.
  11. You shall comply with all applicable legal and regulatory requirements relating to this Agreement, including but not limited to the Privacy Act 1988 and the National Privacy Principles, and must do all things that are reasonably necessary to enable Square to comply with its obligations relating to the foregoing.
  12. There may be circumstances when Square will need to alter this Agreement with the Referrer. Square reserves the right to alter the Agreement by providing you with at least thirty (30) days’ notice in writing of the change(s).
  13. Either party may terminate this Agreement at any time by giving the other party ten (10) days prior written notice. Alternatively, Square may terminate this Agreement immediately if you are in breach of this Agreement. Upon termination by either party all outstanding referral fees due to the Referrer at that time attracting a referral fee will be paid within 30 days of a successful outcome being achieved and the client having paid the completion fee in full, except in circumstances where the Agreement is terminated by Square for breach, whereby all referral fees will be forfeited by the Referrer.
  14. This Agreement is governed by the law of New South Wales, Australia.

By signing this agreement acceptance form, I (on behalf of the entity named above) confirm that:

  1. I have received and read a copy of the above Referral Agreement
  2. I agree to be bound by the terms of the above Referral Agreement

 

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Signature Certificate
Document name: Referrer Agreement
Unique Document ID: 8ed23aa0e3fd330187e2cee3a4964d0df353f745
TimestampAudit
2017-06-23 12:21:44 AEDTReferrer Agreement Uploaded by Petar Landeka - petar@squarecreditrepair.com.au IP 218.185.239.18