7. Governing law and jurisdiction 7.1 Governing law: This Agreement is governed by the law applying in New South Wales.
7.2 Jurisdiction: The parties submit to the non-exclusive jurisdiction of the courts of New South Wales with respect to any proceedings that may be brought at any time relating to this Agreement.
8. Other provisions
8.1 Notices: Any notice or other communication (Notice) given or made under this Agreement must be in writing and must be sent by email to the email address of a party specified in the Schedule, or to the email address last notified by the intended recipient to the sender. A Notice will be taken to be duly given or made on the same day of sending unless the sender receives notice that the email has not correctly been delivered.
8.2 Amendment: An amendment or a variation of any term of this Agreement must be in writing and signed by each party.
8.3 Counterparts: This Agreement may be executed in any number of counterparts. Each counterpart is an original but the counterparts together are one and the same Agreement.
8.4 Electronic execution: This Agreement may be signed electronically.
8.5 Costs: Each party must pay its own costs and expenses in respect of negotiating, preparing, signing, delivering and performing this Agreement and any other agreement or document entered into or signed under this Agreement.
8.6 Entire agreement: This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement, and supersedes any prior agreement or understanding on anything connected with that subject matter.
8.7 Assignment and other dealings: A party must not assign, novate or deal with any right or obligations under this Agreement without the prior written consent of the other party, whose consent must not be unreasonably withheld.
8.8 Further assurances: The parties must promptly execute and do all acts and things necessary or desirable to implement and give full effect to the provisions and purpose of this Agreement.
8.9 Severability: If anything in this Agreement is unenforceable, illegal or void, then it is severed and the rest of this Agreement remains in force.
8.10 Waiver: A single or partial exercise or waiver by a party of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.
9. Definitions
In this Agreement, the following definitions apply unless the context indicates otherwise:
Agreement means this document, including the Terms and Conditions and the Schedule.
Business Day means a day that is not a Saturday, Sunday or a public or bank holiday in New South Wales.
Commencement Date means the commencement date of this Agreement specified in the Schedule.
Commission means the commission payable under clause 3.
Contact Details means the contact details of a person including name, phone number, email address and any other items specified by MyBond.
GST has the meaning given to it in the GST Act
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Personal Information has the meaning given to the term under the Privacy Act 1988 (Cth) and includes Contact Details.
Prospective Customer means a person who may be interested in using the Services.
Recipient Created Tax Invoice has the meaning given to it in the GST Act.
Referral means the provision to MyBond from the Agency of the Contact Details of a Prospective Customer.
Schedule means the Schedule to this Agreement.
Services means the services provided by MyBond of providing financing facilities for rental bonds.
Successful Referral means that a Prospective Customer uses MyBond for Services.