This Service Agreement is made on the date stated above between Wendy Eva-Scott, trading as Your Home Hunter (a Victorian Licensed Real Estate) and the Client (stated above). The Client wishes to engage Your Home Hunter to provide the Services on the terms and conditions set out in this Agreement.

Services
Your Home Hunter will undertake the following tasks on behalf of the Client:
a) Taking instructions from the Client, which will include the specifics of the search such as preferred location(s), size, amenities, maximum weekly rental and any other pertinent requirements
b) Undertake a search of available properties that meet as many of the Clients criteria as possible
c) Advising the Client of a short list of potential properties and (if required) inspect the properties (with or without) the Client being present
d) Provide advice to the Client on which property(s) are the “best match” for the Clients stated criteria
e) Assist the Client (if required) in completing and submitting the rental application(s)

The Client acknowledges that Your Home Hunter is basing the search on the Clients stated requirements as detailed in the “New Home Wish List" form. Should those requirements materially change and Your Home Hunter is required to start a new search, then an additional fee will be payable by the Client.

Client Acknowledgements
The Client agrees and acknowledges in relation to the Services:
(a) While Your Home Hunter is able to provide recommendations and advice, the Client is solely responsible for carrying out any steps or taking any required action arising out of such recommendations or advice;
(b) Your Home Hunter is neither a lawyer or accountant, and any recommendations or advice provided by Your Home Hunter will not be considered legal or financial advice.
(c) Nothing in this Agreement or in the provision of the Services by Your Home Hunter will result in Your Home Hunter being considered a co-applicant on any rental agreement. The Client acknowledges that (unless otherwise agreed between the parties in writing) nothing in this Agreement confers on Your Home Hunter a right or obligation to take any action on the Client’s behalf.

Guarantee
Your Home Hunter cannot guarantee any results, as they are dependent on the match between the Clients requirements and the available properties. Your Home Hunter will use their best endeavours to help the Client achieve a successful result by securing a suitable property. If the Client is unsuccessful in applying for any of the identified properties then Your Home Hunter will continue the search at no additional fee until a successful result is achieved. The guarantee is invalid if the Client fails to disclose any relevant criminal, financial or rental history issues to Your Home Hunter at the outset of the Services.

Commencement
This Agreement commences on the Date of this Agreement and shall continue:
(a) for 90 days (unless agreed otherwise), or
(b) the rental application is accepted, or
(c) until terminated in accordance with this Agreement (whichever is earlier).

Termination
This Agreement will terminate on the Conclusion Date. Either Party may terminate this Agreement for any reason by providing the other Party with 24 hours written notice. If this Agreement is terminated for any reason after provision by Your Home Hunter of part of the Services, the Client must pay the Fees equivalent to the Services actually provided prior to the termination.

In carrying out the Services, Your Home Hunter will:
(a) at all times exercise the degree of skill, diligence and prudence which would reasonably be expected from a competent, experienced and qualified professional in the industry; and
(b) comply with all applicable Laws; and
(c) obtain and maintain any necessary licences and authorisations required to provide the Services.

Fees
Prior to Your Home Hunter providing the Services, the Client agrees to the amount of the Fee and agrees to pay the Fee for performing the Services. Fees are exclusive of GST and the Fees are fixed but may be varied from time to time if the parties agree in writing. The Client will pay all invoices issued by Your Home Hunter on or before the due date, and in the manner, specified in the invoice. If the Client disputes any amount payable in an invoice, the Parties must use their best endeavours to resolve the dispute by agreement, as outlined below.

Your Home Hunter will respond to any customer service issue promptly and courteously. Where Your Home Hunter fails to perform the Services to the reasonable satisfaction of the Client, Your Home Hunter will, without prejudice to any of the Client 's other rights or remedies, at Your Home Hunter's option:
(a) rectify the Services to the reasonable satisfaction of the Client; or
(b) reimburse the Client the amount paid as Fees for that part of the Services that was unsatisfactory.

Client to provide information
The Client will:
(a) provide Your Home Hunter with any relevant information including criminal and rental history, requested by Your Home Hunter in order to provide the Services; and
(b) promptly respond to any reasonable written request of Your Home Hunter for further information or instruction.

Confidentiality
Your Home Hunter represents and warrants that it will not during the provision of the Services or following the cessation of this Agreement, except in the proper course of providing the Services under this Agreement or as required by law or by the Client, use or disclose to any person any Confidential Information. Confidential Information means all information in any Documents or any form, of the Client, disclosed or otherwise made available to Your Home Hunter in connection with this Agreement and the Services but excludes information which is public knowledge, other than by a breach of this Agreement; or has been independently developed or acquired by Your Home Hunter. Documents includes documents or any materials in written or electronic form.

Liability
Exclusion on consequential loss. A Party will not be liable to the other for indirect, incidental, special or consequential Losses including but not limited to any claim, loss, damage, cost or expense arising from, or in connection with, this Agreement. Losses means all losses, claims, liabilities, costs, expenses, legal fees, and damages of any nature
Limitations of liability. Subject to the clause above, a Party’s liability arising in connection with this Agreement is limited to the aggregate value of Fees.

General
To the extent permitted by law, this Agreement embodies the entire understanding of the Parties, and constitutes the entire terms agreed by the Parties. Law means all applicable Victorian acts, statutes, regulations, by-laws, requisitions or orders made under any act.

Privacy Act
APP Privacy Policy
If you are an individual, upon you signing this agreement you consent to us collecting, holding, using and disclosing your personal information for the primary purpose and secondary purposes detailed below. Your consent will continue until you inform us your consent is terminated. The kinds of personal information we will collect and hold are your name, address, contact details, and other personal details that may be included on any application or lease form (if we are required to assist in completing this form). The personal information may be held in hard copy or electronic form, or both. The primary purpose is acting for you in the search for and application for, a rental property. The secondary purposes are to enable us to promote our services or seek out potential clients or responding to enquiries from Consumer Affairs Victoria in connection with the services.

If you consider we have breached the Australian Privacy Principles you may complain to us by letter or email. We will promptly consider your complaint and attempt to resolve it in a timely manner. If we are unable to resolve your complaint you may refer it to the Office of the Australian Information Commissioner GPO Box 5218, Sydney, NSW 2001