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3Quotes Terms & Conditions

3QUOTES TERMS AND CONDITIONS

RECITALS

A. 3QUOTES TRADING PTY LTD (“3Quotes”) operates the website www.3quotes.com.au (“Website”) and client.3quotes.com.au (“Client Panel”).

B. Client wishes to receive leads generated by the Website.

C. 3Quotes agrees to provide the Client leads generated by the Website, subject to the following terms.

THE PARTIES AGREE AS FOLLOWS:

1. Entire Agreement

1.1. This Agreement constitutes the entire agreement of the parties about its subject matter and any previous agreements, understandings and negotiations on that subject matter cease to have any effect.

2. Use of the Client Panel

2.1. The Client must only log in to the Website’s Client Panel using credentials supplied to Client by email by 3Quotes upon activation of the Client’s account.

2.2. The Client Panel serves as the tracking method for the Client’s account. The Client shall inform 3Quotes immediately upon failure to log in to the Client Panel.

2.3. The Client acknowledges that 3Quotes is not responsible or liable for any problems, faults, delays interruptions to or failure of the Website or failure of any internal or external software of 3Quotes’ service provider.

2.4. The Client must inform 3Quotes immediately upon suspicion that its access credentials have been compromised.

3. Term and Termination

3.1. This Agreement commences on the 29 11, 2020 and continues until terminated in accordance with this Agreement.

3.2. 3Quotes may vary or modify the operation of, or otherwise terminate, the Website at any time. 3Quotes may also terminate this Agreement at any time for any reason.

3.3. The Client may, at any point, pause and/or deactivate their account via the Client Panel.

3.4. Deactivation of any account or any termination of the Website or this Agreement will not at any time relieve the Client of its obligation to pay any fees owed to 3Quotes that have been accrued in accordance with this Agreement whilst it was still operating.

3.5. The Client may amend certain details of its account via the Client Panel including Service/s, Service Area/s, Maximum Spend Per Month and/or Email Address/es To Receive Leads.

4. Remuneration

4.1. The Price Per Lead is specified in the Client Panel for the particular Service/s at the time of lead delivery.

4.2. If the Client has supplied 3Quotes with credit card, debit card or prepaid debit card details it authorises 3Quotes to charge the Price Per Lead for the number of leads specified by the Client in order to “top up” the Client's Account Balance. If the Client has activated “Keep my account active” it authorises 3Quotes to charge the Price Per Lead for the number of leads specified by the Client under “Top Up Account” in Client Panel when the Client’s Account Balance reaches $0.

4.3. The Client agrees that the Price Per Lead for every lead it receives from 3Quotes during the term of this Agreement will be debited from its Account Balance.

4.4. Should the Client deactivate their account with 3Quotes, the Client will be entitled to a refund of no more than the total of their remaining account balance shown in the Client Panel at the time of deactivation. Any refund to the Client will be processed by 3Quotes to the Client’s original funding source.

5. Acceptance and Rejection of Leads

5.1. The Client acknowledges that every time it receives a lead, that lead has been supplied to a maximum of two other organisations, owing to the function of the Website as a “three quotes” generator. 3Quotes makes no representations or guarantees that any lead will accept any quote from the Client.

5.2. The Client agrees that for the duration of the Agreement that it will accept any leads it receives via the Website except for any leads that satisfy the following rejection criteria:

5.2.1. The lead is outside of the Service Area specified in Client Panel at the time of lead delivery;
        5.2.2. The lead phone number is disconnected or does not belong to the corresponding lead name;
        5.2.3. The lead is a duplicate and has previously been provided to the Client by 3Quotes.

5.3. In the event a lead satisfies one or more of the rejection criteria above, the Client is entitled to apply for a rejection of that lead provided it does so only via the Client Panel and within 7 (seven) days of lead delivery.

5.4. The approval or decline of a lead rejection submitted by the Client via the Client Panel is decided at 3Quotes’ discretion.

5.5. Charges for any leads that are validly rejected in accordance with this clause shall be refunded to the Client’s Account Balance in the Client Panel within 7 (seven) days. For clarity, the Client will not be entitled to any refund for any lead rejected on terms other than those stipulated in clause 5.2.

5.6. 3Quotes will ensure that the number of leads referred to the Client in each calendar month will not exceed the Maximum Spend Per Month set in Client Panel. 3Quotes cannot and does not guarantee any minimum number of leads will be supplied to the Client at any time.

6. Privacy and Confidentiality

6.1. The Client acknowledges that it will receive personal information of leads collected by 3Quotes for the purposes supplying quotes to those leads. The Client agrees that it will not use the personal information for any other purpose, and will not collect any personal information until such time as the lead directly provides that information to the Client.

6.2. At all times, the Client agrees to treat and handle any personal information it receives from 3Quotes in accordance with 3Quotes’ privacy policy, which can be viewed on the Website.

6.3. The terms of this Agreement and any dealings between the parties are confidential. Each party will ensure that any such confidential information relating to the other party is treated as strictly confidential, and is not used or disclosed to any other person, other than:

6.3.1. persons strictly requiring the information for the purpose of properly performing its obligations under this Agreement, provided that they are made aware of the obligations in this clause;
        6.3.2. with the other party’s prior written consent;
        6.3.3. as required by law;
        6.3.4. to that party’s related body corporate if necessary for reporting purposes;
        6.3.5. to that party’s professional advisers in confidence; or
        6.3.6. where the information is generally or publicly available other than through a breach of this Agreement.

7. Liability and Indemnity

7.1. To the extent permitted by law and unless expressly provided otherwise in this Agreement, 3Quotes will not be liable to the Client for any loss or damage claimed to have resulted directly or indirectly from the use, operation or performance of the Website or any lead/leads. Leads are provided by 3Quotes on an “as is” basis.

7.2. The Client must not re-market or on-sell, or attempt to re-market or on-sell, any leads provided under this Agreement. The Client acknowledges that ownership of the leads and data contained therein, including but not limited to all intellectual property rights in the same, is retained by 3Quotes at all times. Nothing in this Agreement will be taken as assigning any ownership of any leads or data to the Client.

7.3. The Client will indemnify 3Quotes against any loss or claim arising from or relating to a breach of this Agreement by the Client (including without limitation breach of the above clause 7.2) or any negligent act or omission by the Client.

8. General

8.1. Relationship - The relationship between the parties is that of independent contractors and nothing in this Agreement will be construed as giving rise to the relationship of principal and agent, trustee and beneficiary, joint venturers or partnership.

8.2. Severability - Any term of this Agreement which is fully or partly void or unenforceable is severed to the extent that it is void or unenforceable, and the remainder of this Agreement continues in force.

8.3. Governing Law - This Agreement and the transactions contemplated by this Agreement are governed by the law in force, in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement or the transactions contemplated by this Agreement.

EXECUTED AS AN AGREEMENT
        By submitting this form, you have agreed to be an authorised representative of your company and agree to the terms and conditions outlined here within. This contract should be submitted by a director if entered into by a Company, or by a Partner if entered into by a Partnership.

For an on Behalf of the Client