Snug Terms & Conditions

including Recipient Tax Invoice Agreement

Between

Snug Technologies Pty Ltd (“Snug” “us” “we” “Provider”) (ABN 616 484 292) AND you as the “User” as “Authorised Representative” for your entity “Client”.

Preamble

Snug provides a cloud-based software platform (“Platform”) for property managers and property seekers to interact.

Entire Agreement

This Agreement must be read together with the Snug Privacy Policy located at https://snug.com/privacy/ and the Snug Website Terms of Use located at https://snug.com/terms/. To the extent our Terms of Use or Privacy Policy are inconsistent, this agreement will prevail.

The User warrants that it has read the Agreement in full and agrees to its terms and conditions. The documents comprising the Agreement constitute the entire agreement between the parties in respect of the subject matter of the Agreement and this Agreement supersedes all previous agreements, undertakings and communications whether written or oral relating to the subject matter of this Agreement.

By using the Snug software, the User represents that they have the authority to act on behalf of and agree to the Agreement on behalf of the Client.

1. License

1.1 Snug grants the User a limited and revocable Licence to register to use the Platform. The User warrants that their account registration information is true and correct, lawful, for a proper Purpose, and in accordance with the Platform’s intended use.

1.2 A User (Admin User) may create a Team and invite other authorised users (Members) into that Team, and the Admin User is solely responsible for immediately removing Members that are no longer authorised to access the Team.

1.3 The granted Licence may not be reassigned, transferred, resold, or access provided to any other Team or party without Snug's express written prior approval .

2. Commencement, Cancellation & Termination

2.1 This Agreement commences with effect from the date (Effective Date) when the User successfully registers their user account on the Platform.

2.2 The Admin User may cancel a Subscription Plan at any time with 5 (five) Business Days’ notice by the User, and billing will cease immediately prior to the next billing cycle or end of the Month, whichever is the later.

2.3 We may suspend access to the Platform for the Team or terminate this Agreement at any time, effective immediately, if we reasonably believe:

you have breached these terms;
you pose a risk to the Platform, Snug or the community;
you are subject to a security breach or compliance action by any government authority;
you have a subscription or other fees outstanding to Snug; and
you are unable to remedy the breach within twenty-four (24) hours.

2.4 Termination for Force Majeure Event

Either party may terminate this Agreement upon giving 5 Business Days' notice to the other party, if a party is incapable of performing its obligations under this agreement for a period of at least 20 continuous Business Days due to a Force Majeure Event.

A party does not breach this agreement and is not liable to the other party for a delay or failure to perform an obligation to the extent it results from a Force Majeure Event.
The party affected by the Force Majeure Event must notify the other party of the Force Majeure Event as soon as reasonably practicable and must take all reasonable steps to limit the effects of the Force Majeure Event.

2.5 Consequences of Termination

Upon termination or expiry of this Agreement:

each party will cease to use and access any of the other party’s property, including the Confidential Information or Integration Services;
Snug may retain all Snug Data and information derived from a User determining the Snug Match Score, User generated content, rental application data or Snug Profile information strictly subject to Snug complying with all of their obligations under Privacy Laws;
each party may retain information that is reasonably required for compliance, taxation or record-keeping purposes (in which case the confidentiality obligations under this agreement continue to apply);
Snug is not required to delete or destroy any Data;
The User must pay Snug for the Services provided prior to the date of termination (including where the Agreement is terminated prior to launch of the service to Customers, for any reasonable costs incurred by Snug for integration and Customisations) up to the next billing cycle;
Snug must, on demand by the User, repay to User any monies advanced or pre-paid to Snug in respect of which at the date of such notice, Snug has not yet performed the Services; and
Snug is not obliged to provide any data export on termination of the service and if at its discretion agrees to do so, you agree to pre-pay any reasonable charges quoted for the provision of services.

Termination of the Agreement is without prejudice to any right of action or remedy of a party which has accrued before termination or which may accrue at or after termination.

3. Referrals

3.1 During the term of this Agreement a Team may connect a Referral Partner:

actively promote the Services offered by Snug to actual or potential clients including renters and owners, as well as staff, contractors and associated persons or providers;
where possible allow Snug representatives to attend and participate in staff training;
use the Brand Assets when promoting the Services of Snug and not use the Brand Assets for promoting a business or service offered by any party other than Snug;
not bid for or place advertisements using Snug’s Brand Assets on online advertising platforms including Facebook and Google Adwords;
use the promotional material provided by Snug including on the Referrer’s websites;
comply with all relevant laws or regulations, including without limitation the GST Act and applicable provisions of the Corporations Act 2001 (Cth) and the Competition and Consumer Act 2010 (Cth);
if providing the Customer’s details to Snug directly:
1. obtain the Customer’s consent to do so; and
2. within five Business Days of obtaining the Client’s consent, provide to Snug the Client’s name, contact details and a short description of the purpose for which the Client may wish to obtain the services of Snug (if known); and
comply with all rules and requests set by Snug from time to time in respect of the Services and the promotion of the Services including, without limitation Snug’s Privacy Policy located at www.Snug.com/privacy and the Snug Brand Guidelines for Referrers.

4. Services

4.1 The Platform is provided ‘as is’ at the time of registration by the User, Snug makes no representations about the suitability of the Service or ongoing suitability for your Team or Users, nor does Snug make any commitments to improve the Platform;

4.2 The Platform is designed to work with an internet connected device. However, we do not guarantee that it will work on your device or operating system; and

4.3 From time to time the Platform may be impacted by congestion, outages or hardware failures and therefore be wholly or partially inaccessible or incomplete.

5. Data & Security

5.1 The User acknowledges data security and privacy are paramount and will do all things necessary and required to comply with the Privacy Act, relevant Commonwealth and State laws, the relevant industry Code of Conduct and Snug directions to minimise Platform risk, mitigate loss, uphold public confidence, and preserve the Company and industry reputation.

5.2 Users may upload data to the Platform that is intended for the Purpose:

Directly including property listings, customer information or documents;
from Partners.

5.3 You provide an irrevocable, worldwide, royalty-free licence to Snug to retain the data uploaded.

5.4 Snug may store data within Australia or outside of Australia directly or through its service providers, such as hosting providers or operational systems such as customer service ticketing or marketing solution.

5.5 The User agrees not to send unsolicited electronic messages (“spam”) to multiple unrelated recipients in promoting the other party or otherwise to engage in any other form of mass electronic communications prohibited by law in connection with activities contemplated under this Agreement.

5.6 The User agrees not to associate Snug with content that is unlawful in any manner or which is otherwise harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, discriminatory, or otherwise objectionable in Snug’s sole discretion.

5.7 You acknowledge third-party and user-generated data limitations on the Platform, such as rental references or employment verifications for which Snug has no control, does not endorse and makes no representations as to its accuracy, reliability nor suitability and you access such data at your own risk and hold us harmless;

5.8 You acknowledge your sole responsibility to:

Keep your login and password private, secret and secure including not sharing your login with others;
Add authorised Users and remove Users immediately when not authorised by you;
Keep secure any downloaded content from the Platform;
Implement procedures, systems and organisational training to identify and minimise risk to cyber security including but not limited to hacking, phishing, financial fraud or identity theft; and
Keep necessary records sufficient to meet your obligations.

5.9 In the case of a data security incident, you agree to:

Notify Snug immediately by email to help@snug.com;
Assist Snug in mitigating the risk and impact on the Platform and the general public; and
Cooperate with Snug and Authorities as reasonably required.

6. Warranties

6.1 You warrant that you;

have the proper licences, authorisations, hardware, software, security and internet connection to use the Platform;
comply with the relevant laws and regulations in the location you operate whether it be within Australia or overseas including anti-money laundering, counter-terrorism or know-your-customer (KYC) requirements; and
hold appropriate insurance you may need to access the Service.

6.2 The User warrants that it is not banned from engaging in Referrals as contemplated from this Agreement by any law of any state or government, including without limitation the Commonwealth of Australia.

6.3 The User acknowledges that it provides Referrals as an incidental part of its ordinary course of business and it does not conduct a business as a part of which the Referrer contacts persons face-to-face from non-standard business premises or seeks to enter into unsolicited consumer agreement within the meaning of the Australian Consumer Law.

7. Fees and Refunds

7.1 Snug offers products and services posted at snug.com/pricing or as quoted to you in writing from time to time, including:

free (with Snug's utility referral partner set as default) and paid subscription plans (Subscription Plans);
optional Bundles including features and or Partner integrations;
Enterprise Plans or Sponsored Plans where the subscription is paid to Snug by a third party approved by Snug;
Consumable Services including but not limited to Background Checks or SMS;
Marketplace Services including peer to peer services provided by other Users or providers; and
Consulting Services including but not limited to training and product design.

7.2 You agree to pay the Fees on the Due Date, and where fees are outstanding more than 14 days, you authorise Snug to limit or terminate the Service.

7.3 Snug may adjust the features, services or benefits within the Subscription Plans and offered on the Platform at its sole discretion from time to time.

7.4 Snug may include “Fair Use” features such as SMS within Plans and limit your use or notify you of Fees for continued use beyond fair and reasonable.

7.5 Snug may receive commissions, fees or benefits, monetary or otherwise, from service providers and integration partners and will, where required by law, disclose this to you. For example, Snug collects the utility referral referral commissions on Free Forever agent subscription Plans.

7.6 Referrals to the Client:

Snug may pay an upfront Fee for a Referral but does not pay trailing commissions. However, where a Client cancels or ceases to acquire Services from Snug prior to the first-anniversary date of the Referral, there will be a pro-rata adjustment to the Fee paid, which will be deducted from future statements.
Snug will, within twenty-one (21) Business Date after the conclusion of each calendar month, advise the Referrer of any Referrals received by Snug from the Referrer in the last calendar month.
In consideration of the Referrer providing a Referral, Snug agrees to pay the Referrer the Fees by direct debit into the bank account nominated of the Referrer, provided that the closing month balance is over $100.
If Snug is required to return any upfront or ongoing fees in respect of Services provided to a Client referred by the Referrer, then the Fees due to the Referrer will be recalculated and if, as a result of that recalculation, a refund is due from the Referrer to Snug, the Referrer must, upon written notice from Snug setting out the particulars of the refund, pay to Snug the amount claimed within 28 days of the notice if the amount is unable to be set off against the net monthly payment.
Failing payment to Snug of the refund pursuant to section 7, Snug may deduct and set off from any other Fees payable to the Referrer an amount equivalent to such calculation.
Snug may offer rewards and/or compensation by way of prizes, redeemable points scheme or payments to individuals engaged by the Referrer and separate to the Fees herein.
Each party must keep proper accounting and transaction records.
Snug may, on the provision of five (5) Business Days’ notice, audit and inspect any premise, system or document relating to any transaction or Referral made under this Agreement and the Referrer must cooperate with Snug and provide Snug and its authorised representatives all reasonable assistance during such audit or inspection.

8. GST

8.1 In this clause:

words or expressions used in this clause which have a particular meaning in the GST law (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning unless the context otherwise requires;
any reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that party is a member;
any reference to an input tax credit entitlement by a party includes any corresponding input tax credit entitlement by the representative member of any GST group of which that party is a member; and
if the GST law treats part of a supply as a separate supply for the purpose of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.

8.2 Unless GST is expressly included, the consideration to be paid or provided under any other clause of this Agreement for any supply made under or in connection with this Agreement does not include GST.

8.3 To the extent that any supply made under or in connection with this agreement is a taxable supply, the GST exclusive consideration otherwise to be paid or provided for that taxable supply is increased by the amount of any GST payable in respect of that taxable supply and that amount must be paid at the same time and in the same manner as the GST exclusive consideration is otherwise to be paid or provided. A party’s right to payment under this clause is subject to a valid Tax Invoice being delivered to the recipient of the taxable supply.

8.4 To the extent that a party is required to reimburse or indemnify another party for a loss, cost or expense incurred by that other party, that loss, cost or expense does not include any amount in respect of GST for which that other party is entitled to claim an input tax credit.

8.5 To the extent that any consideration payable to a party under this agreement is determined by reference to a cost incurred by a party, or is determined by reference to a price, value, sales, revenue or similar amount, the GST exclusive amount of that cost, price, value, sales, revenue or similar amount must be used.

9. Intellectual Property

9.1 The websites owned and operated by Snug and all content forming part of the websites and the Services, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws and the User acknowledges and agrees that Snug owns, controls or is licensed all legal right, title and interest in and related to its websites and the Services, including all intellectual property rights. Save as set out in this Agreement, the User has no right, title or interest in or to the intellectual property of Snug, including the intellectual property that may be generated by observation, feedback, collaboration or co-creation.

9.2 Subject to this Agreement and its terms, Snug hereby grants to the User a royalty-free, non-exclusive, non-transferable and revocable license (License) to market the Service to Referrals and to use the Snug trademarks, logos and URLs provided by Snug and any associated materials, language or code for the sole purpose of promoting the Service (collectively, Marketing Materials).

9.3 Snug may revoke the License at any time by giving the User a written notice (including via email).

9.4 The User agrees to comply with Snug's specifications and other instructions from time to time regarding the User’s permissible use of the Licensed trademarks in creating Marketing Materials and promoting the Service. The User further agrees to comply with all such specifications and instructions.

9.5 The User shall ensure that all Licensed trademarks appearing on its Marketing Materials are in the form approved by Snug and shall not modify any trademarks or otherwise substantially modify other Marketing Materials contrary to reasonable instructions provided by Snug and shall further comply with reasonable instructions from Snug as to the form, content and display of Marketing Materials.

9.6 Upon termination of this Agreement for any reason whatsoever, or upon written request by Snug, the license granted herein shall expire and the Referrer shall immediately cease all its activities under this Agreement.

10. Liability and Indemnities

10.1 Snug does not warrant the Platform will be:

Accessible at all times;
Suitable for the Purpose;
Free of software bugs or exploits;
Free of errors or omissions;
Free of virus, malicious code, cyber breaches;
Backed up or provide historical records sufficient for the User’s compliance, or
Free from hackers or bad actors.

10.2 Snug makes no guarantee around the Platform performance, uptime or accessibility and explicitly advises the Platform may be subject to maintenance schedule or unplanned updates or downtime, which can or will limit accessibility.

10.3 Snug will endeavour to notify you in advance of updates to the Platform, however, may at its absolute discretion without notice:

Correct errors;
Update the user interface, add or remove features, services or Partners;
Modify or reorganise data or display;
Do all other things reasonably necessary to provide the service.

10.4 The User shall be solely responsible for its operations in acting under this Agreement, including, without limitation, the legality of the User's operations and materials created and used in connection with this Agreement. Except for a claim alleging that a Snug trademark violates a third party’s trademark rights, Snug is not responsible for the development, operation or content of Users Marketing Materials, and the User agrees to defend, indemnify and hold Snug harmless against any and all claims, actions, causes of action, damages, or expenses (including legal fees) relating to the development, operation, content and maintenance of Users own Marketing Materials.

10.5 To the extent permitted by law, the liability of Snug under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, must not exceed the Fees.

10.6 Snug will not be liable to the User in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the User of an indirect or consequential nature, including any economic loss or other loss of turnover, profits, business or goodwill.

11. Customer Relations

11.1 During and after the term of this Agreement, Snug shall be the exclusive owner of all relations created via a Referral between Snug and User with respect to the Service, including any and all information identifying Referrals who contract with Snug for the use of the Service. Snug’s terms and conditions of supply in respect of the Services, including the Privacy Policy, will apply to Referrals and may be changed by Snug without prior notice to the Referrer.

12. Disputes

12.1 If a dispute arises, the parties must negotiate in good faith, failing which within 20 business days, any dispute or difference whatsoever arising out of or in connection with this Agreement will be submitted to arbitration in accordance with, and subject to, the Resolution Institute Arbitration Rules.

12.2 Unless the parties agree upon an arbitrator, either party may request a nomination from either the president or the chapter chairman of the New South Wales chapter of the Resolution Institute.

13. Notices

13.1 Unless this Agreement expressly states otherwise, a notice, consent, approval, waiver or other communication (notice) in connection with this Agreement must be in writing and signed by the sender or a person authorised by the sender. A notice may be given by hand delivery, prepaid post, or by electronic message to the recipient’s current address for service for notices as set out in this Agreement or as amended by notice from time to time.

13.2 A notice given under this Agreement will be deemed to be received:

if hand delivered at the time of delivery;
if sent by prepaid post, three Business Days after the date of posting or seven Business Days after the date of posting if posted to or from a place outside Australia; or
if sent by electronic message, when the sender receives an automated message confirming delivery or eight hours after the message has been sent (as recorded on the device from which the sender sent the message) unless the sender receives an automated message that the electronic message was not delivered or the sender knows or reasonably should know that there is a network failure and accordingly knows or suspects that the electronic message was not delivered

unless notice is received after 5.00 pm on a Business Day in the place of receipt or at any time on a non-Business Day, in which case, that notice is deemed to have been received at 9.00 am on the next Business Day.

13.3 Any notice given in connection with this Agreement must be given to the address set out at the commencement of this Agreement of the relevant party or to any other address as that party may notify to each other party.

14. Variation

This Agreement may be varied by Snug on the provision of 14 days’ written notice to the User.

15. Services

15.1 The User appoints, and Snug accepts its appointment, to provide the Services on the terms of this Agreement.

15.2 Snug agrees to carry out the Services:

in a thorough, professional, timely and competent manner;
with the degree of skill, care and diligence expected of a person experienced in performing similar functions and duties;
to the best of the ability of Snug; and
in compliance with all laws and the terms of this Agreement.

15.3 Snug must promptly notify the User should it be unable to perform the Services in accordance with this Agreement for whatever reason.

16. General Obligations

16.1 The parties must at all times:

ensure that it and its Personnel that access and use the Snug Platform or the Services comply with the provisions of this Agreement;
not use the Snug Platform or the Services in a way that infringes the Intellectual Property Rights of any person, which is unlawful or which violates any law;
not make any statements or publications which are misrepresentations, false statements of fact, or true statements that lead a third party to make false assumptions in relation to other party’s Services;
not act outside the scope of its authority under this Agreement; and
not engage in fraud, negligence or willful misconduct in relation to this Agreement.
comply with all laws and regulatory requirements when performing its obligations under this Agreement, including without limitation those dealing with the employment of Personnel, tax, privacy and intellectual property;
promptly notify the other party in writing if it conflicts with any laws or regulatory requirements or if any necessary approvals are required and have not been obtained.

17. Acknowledgements

17.1 Each party acknowledges and agrees that:

registration: it is a corporation validly existing under the Corporations Act;
corporate power: it has the corporate power to own its assets and to carry on its business as it is now being conducted;
authority: it has full power and authority to enter into and perform its obligations under this Agreement;
internal approvals: it has taken all necessary action to obtain the internal approvals for the execution, delivery and performance of this Agreement in accordance with its terms;
binding obligations: this Agreement constitutes its legal, valid and binding obligation, is enforceable in accordance with its terms, subject only to laws generally affecting creditors’ rights and to principles of equity;
transaction permitted: the execution, delivery and performance by it of this Agreement does not and will not violate, breach, or result in a contravention of:
1. any law, regulation or authorisation; or
2. its constitution or other constituent documents; and
authorisations: any authorisations required in connection with the execution, delivery and performance by it and the validity and the enforceability against it of this Agreement and its performance of the transactions contemplated by this Agreement have been obtained or effected and are in full force and effect, and there has been no default by it in the performance of any of the terms and conditions of any of those authorisations.
ability to perform: it, its personnel, agents and contractors have the skill, knowledge, experience and ability to perform its obligations under this Agreement;
qualifications: it, its personnel, agents and contractors hold all qualifications relevant or desirable to the performance of its obligations under this Agreement;
accreditations and memberships: it, its personnel, agents and contractors hold all industry and individual accreditations or scheme memberships relevant to the performance of its obligations under this Agreement; and
intellectual property rights: it is the legal and beneficial owner of, or it holds a valid license to use, all Intellectual Property Rights necessary for it to be able to fulfil its obligations under this Agreement.
Costs: each party must pay its own costs of negotiating, preparing and executing this Agreement.
Counterparts: this Agreement may be executed in counterparts. All executed counterparts taken together constitute one document.

17.2 Governing law and jurisdiction

The User appoints, and Snug accepts its appointment, to provide the Services on the terms of this Agreement.

17.3 Relationship between parties

The parties agree that this agreement creates a relationship of principal and independent contractor, and nothing in this Agreement constitutes a partnership or joint venture between the parties or makes a party an agent of another party for any purpose.
A party cannot in any way or for any purpose bind another party or contract in the name of another party.
If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.

17.4 Cumulative rights

Except as expressly provided for in this Agreement, the rights of a party under this Agreement are in addition to and do not exclude or limit any other rights or remedies provided by law.

17.5 Severability

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Agreement is not affected.

17.6 Further assurances

Except as expressly provided in this Agreement, each party must, at its own expense, do all things reasonably necessary (including executing documents) to give full effect to this Agreement and the matters contemplated by it.

17.7 Assignment

The User may not assign, transfer or in any other manner deal with its rights under this Agreement without the prior written agreement of Snug. Any purported assignment, transfer or dealing in contravention of this provision is ineffective.

Snug may, on the provision of notice to the User assign, transfer any of its rights under this agreement in whole or in part.

18. Definitions

Agreement means this Agreement.

Brand Assets means the words “Snug”, “BondCover”, “Match” and other similar brand words, images, slogans or bylines developed by Snug and nominated as Brand Assets in the Snug Brand Guidelines for Users or trademarked or registered by the Company.

Brand Keywords means words used for search engine indexation or marketing or online promotion.

Business Day means a day that is not a Saturday or a Sunday or a public holiday, special holiday or bank holiday in Sydney, New South Wales, Australia.

Customer means a person or business who has obtained, is obtaining or is seeking to obtain the services on the Platform or generally offered by Snug or the User.

Data means all information, content and data which is transmitted or integrated by Users on the Platform in connection with Snug Services with respect to the management of an individual’s property, including but not limited to invoices, service dates, reports, details of each property under management, property owners, tenants and related data but excluding Snug Data.

Snug Data means all information, content and data which is transmitted or integrated on the Snug Platform, including but not limited to the imported property or financial data relating to a renter or property and input by Users, Customers, Snug Match Scores and Snug reviews or Snug user-generated content, but excluding all Data.

Snug Marketing Material means all advertising and promotional collateral, including but not limited to images, text, video, PDF documents, brochures, trademarks, brands, names and logos, whether registered or unregistered, held or used by Snug from time to time, or notified by Snug to NAH from time to time, and any other promotional materials used by Snug or supplied to NAH by Snug from time to time.

Fees means the fees set out at snug.com/pricing or quoted in writing from time to time.

Force Majeure Event means an event that is are outside the reasonable control of the affected party and could not have been prevented or avoided by that party taking all reasonable steps, including an act of God, earthquake, cyclone, fire, explosion, flood, landslide, lightning, storm, tempest, drought or meteor, war (declared or undeclared), invasion, act of a foreign enemy, act of terrorism, hostilities between nations, civil insurrection or militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism or civil unrest, confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government or government authority or industrial action but excluding a state of emergency declaration made by a Government, an act of Governmental Authority, an epidemic; or a global or national pandemic.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time.

Marketing Material means advertising and promotional collateral including but not limited to images, text, video, PDF documents, brochures and such provided by Snug for the non-exclusive use of User(s) to promote the Services.

Platform means online property-related services at Snug.com or websites operated by its bodies corporate.

Purpose means the provision of services related to residential renting, home ownership and home occupation.

Referral means the introduction of a consumer by a User to Snug whereby:

the Client becomes a member of Snug’s website located at www.snug.com;
Snug has no record of the Client in connection with Snug’s Service, or who are not, at the time, referred to Snug by the Referrer, in any contractual relations or ongoing negotiations with Snug in connection with the Service;
the Client acquires Services within 30 days of being Referred to Snug by the User; and
the Client is not rejected by Snug.

For the avoidance of doubt, all Referrals will be deemed rejected by Snug if they do not acquire Services within 30 days of first being submitted to Snug by the User.

Referral Partner means a service provider related to the Purpose, such as Utility Connection Service (UCS) or a financial services provider that is authorised by Snug and integrated into the Platform.

Services means bond guarantee, rental property management services including tenant selection, property management, rent collection and payment services similar to the services offered by Snug.

19. Interpretation

In this Agreement, unless context indicates a contrary intention:

headings: clause headings are inserted for convenience only and do not affect the interpretation of this Agreement.
party: a reference to a party to a document includes that party’s personal representatives, executors, administrators, successors, substitutes (including persons taken by novation) and permitted assigns.
including: including and includes (and any other similar expressions) are not words of limitation, and a list of examples is not limited to those items or to items of a similar kind.
corresponding meanings: a word that is derived from a defined word has a corresponding meaning.
singular: the singular includes the plural and vice-versa.
gender: words importing one gender include all other genders.
rules of construction: neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
legislation: a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it.
time and date: a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Sydney, Australia, even if the obligation is to be performed elsewhere.
writing: a reference to a notice, consent, request, approval or other communication under this Agreement or an agreement between the parties means a written notice, request, consent, approval or agreement.
Australian currency: a reference to dollars or $ is to Australian currency.

Software Subscription and Referral Agreement

TERMS AND CONDITIONS