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HOMEONE ADVERTISING SERVICE AGREEMENT

Dated 23rd day of April 2024.

This Homeone Advertising Service Agreement (“Agreement”) is entered into by and BETWEEN:

COMPANY_NAME of ABN COMPANY_ABN

AND

homeone® of ABN 46 625 367 703 of ADDRESS PO Box 55, Richmond VIC 3121 (“homeone“)

FOR Advertising Services being:

PLACEMENT_NUMBER Placement/s

AND for the following Advertising Fee:

TOTAL_COST

WHEREBY the parties agree as follows:

1. PRE-QUALIFICATION
1.1 You certify as follows:
       1.1.1 That Your business is as represented to homeone® whether by You or by someone on Your behalf;
       1.1.2 That You have and will retain a valid Australia Business Number (ABN) registration;
       1.1.3 That You are and will remain registered for the GST or any replacement or similar tax;
       1.1.4 That You have and will retain an Australian based domain name ending in “...com.au”, “...net.au”, “...org.au”, “...gov.au” or “...com”;
       1.1.5 That You have and will retain a regularly operating place of business within Australia which incorporates a service, maintenance, repair, and complaints facility; and
       1.1.6 You are and will continue to comply with all Commonwealth, State, and Territory consumer protection and trade practices legislation, regulations, or other laws.

2. TERM
2.1 The term of this Agreement is for a minimum SERVICE_PERIOD period commencing from the Date of Acceptance and thereafter automatically continuing in SERVICE_PERIOD successive periods indefinitely unless and until cancelled in accordance with Clause 7 of this Agreement.

3. PAYMENT & FEES
3.1 Advertising Fees are payable in advance prior to establishment of Advertising Services.
3.2 Any Additional Advertising Services are payable in advance prior to actioning of Additional Advertising Services pursuant to the Advertising Rates as at the date the Additional Advertising Services are purchased by You. homeone® has the right to increase the fee for Additional Advertising Services in the Advertising Rates at any time and without notice.
3.3 Any Additional Advertising Services required during the term of this Agreement will be prorated from the date of payment for Additional Advertising Services until the end of the current term of this Agreement for originally provisioned Advertising Services.
3.4 Any further term of this Agreement under Clause 2 will include all Advertising Services (inclusive of any and all Additional Advertising Services rendered during the immediately preceding term of this Agreement) and may include an adjusted Advertising Fee for such Advertising Services.
3.5 All transactions are processed in Australian Dollars (AUD).
3.6 Should any payments not be made in accordance with this Clause for any reason, whether within Your control or otherwise, homeone® will have no obligation whatsoever to provide or continue providing any Advertising Services or Additional Advertising Services unless and until full payment is made to the satisfaction of homeone®.
3.7 Any payments not made in accordance with this Clause will attract interest at the rate specified under the Penalty Interest Rates Act (VIC) and may be collected by commercial and / or legal process from You by homeone® without notice.

4. SERVICE
4.1 For the purpose of this Agreement, “Advertising Services” means number of Placements specified in the top section of this Agreement provided to You by homeone® or such additional Placements You may purchase from homeone® during this Agreement. Each Placement consists of one (1) business listing and one (1) business profile page. homeone® provides You with additional content you can add and / or link to each profile page by way of unpaid courtesy that may be altered or withdrawn any time and without notice. You agree to follow the publishing guidelines describing additional content you can add, or link to, including acceptable formats, size restrictions including other relative guidance.
4.2 By entering into this Agreement:
       4.2.1 It is the responsibility of homeone® to provide website access for the Advertising Services under this Agreement.
       4.2.2 It is Your responsibility to upload and publish any Content to the Site via the Advertiser Control Panel.
       4.2.3 It is Your responsibility to ensure the factual accuracy of any Content uploaded and published to the Site.
4.3 Advertising Services will only be provided by homeone® under this Agreement if You upload and publish any content via the Advertiser Control Panel.
4.4 Advertising Services will be provided only upon Acceptance and will be continued only in accordance with this Agreement and with the Website Terms of Use incorporated under Clause 17.
4.5 Any Additional Advertising Services will be provided only upon Acceptance and will be continued only in accordance with the terms of this Agreement and with the Website Terms of Use and incorporated under Clause 17.
4.6 Advertising Services provided by homeone® does not include any drafting, copywriting, design or editing service by or on behalf of homeone®.
4.7 We do not guarantee that Your content will be featured in any particular position or rank on this Site.

5. ACCESS TO ADVERTISER CONTROL PANEL
5.1 homeone® will permit You to access the Advertiser Control Panel provided You are not in breach of this Agreement or of any term of this Site.
5.2 homeone® will permit You or any person You inform homeone® that You authorize to view, add, edit and / or delete Content via the Advertiser Control Panel provided You are not in breach of this Agreement or of any term of this Site.

6. IRREVOCABLE LICENCE
6.1 By You uploading and publishing Content to this Site You irrevocably licence and permit homeone® to use and enjoy any intellectual property rights You have or may have in relation to such Content at no cost to homeone®.
6.2 You agree not to limit, withdraw, charge, encumber, cancel or otherwise effect the irrevocable licence granted to homeone® under Clause 6.1
6.3 You will indemnify homeone® for any losses, damages, costs or expenses incurred directly or indirectly by homeone® or any other person arising whether from any observance or from any breach of this Clause or of this Agreement.

7. CANCELLATION
7.1 homeone® may immediately cancel this Agreement at any time, by any means, for any reason, and without giving any reason to You .
7.2 By entering into this Agreement You are deemed to have accepted the validity of any cancellation under Clause 7.1 and shall not litigate, or dispute, appeal or question such termination by homeone®.
7.3 If homeone® cancels this Agreement under Clause 7.1, homeone® shall be under no obligation whatsoever to refund to You any payment made under Clause 3 of this Agreement.
7.4 This Agreement automatically continues in accordance with Clause 2 unless and until You cancel this Agreement in writing posted, faxed, or emailed to homeone®, such notice to operate only after homeone® acknowledges receipt of Your cancellation request.
7.5 If You cancel this Agreement under Clause 7.4, homeone® shall be under no obligation whatsoever to refund to You any payment made under Clause 3 of this Agreement.
7.6 If this Agreement is cancelled in accordance with this Clause or otherwise terminated according to law, homeone® reserves the right to remove and / or permanently delete any Content uploaded or published by You from the Site servers and to destroy any hardcopy content or documents and You acknowledge and agree that once removed, deleted or destroyed, the information cannot and will not be restored to You.

8. REFUND
8.1 If this Agreement is cancelled under Clause 7, then homeone® shall be under no obligation to refund to You any payment under Clause 3 of this Agreement.
8.2 If You suffer any loss caused by homeone's breach of this Agreement, homeone's refund obligation is limited to Clause 12.
8.3 Notwithstanding Clauses 8.1 and 8.2, homeone® reserves the right to make any ex gratia refund or payment to You in its discretion.

9. REFUSAL
9.1 homeone® reserves the right to unilaterally reject, cancel, edit, delete or add to any Advertising Services or Additional Advertising Services without notice and without reason to You that are in the sole and unfettered opinion of homeone®, in breach of, or are inconsistent with, or are contrary to the spirit of this Agreement, or the Website Terms of Use, or the Privacy Policy or any international, Commonwealth, State, or Territory legislation, regulation or by-law.

10. NO REPRESENTATION
10.1 homeone® and its agents, employees, contractors, and consultants, make no representation, promise, guarantee or warranty to You or to any other person, about or concerning any benefit, payment, return, income or capital payment You may receive from or as a result of using these Advertising Services or Additional Advertising Services in accordance with this Agreement.

11. DOWNTIME
11.1 homeone® shall take all reasonable steps to ensure server uptime so as to provide All Advertising Services in accordance with this Agreement.
11.2 homeone® unilaterally reserves the right to interrupt or close down the Site without notice and for no reason if homeone® believes that the Site or Site server requires maintenance or repair causing the Site to be non-functioning or interrupted for any period.
11.3 You agree and acknowledge that maintenance is required for the upkeep of the server which at times may render the site non-functioning and homeone® will not accept any liability or obligation to You or any other person on Your behalf, any compensation, damages, or payment of any kind arising from any loss or damage You may incur as a result of Clause 11.2.
11.4 You agree not to hold homeone® liable directly or indirectly for any outages or downtime that may occur in connection with the Advertising Services and / or Additional Advertising Services.

12. LIMITATION OF LIABILITY
12.1 Our maximum liability to You or any other person for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the greater of:
       12.1.1 Two hundred (200) Australian dollars; or
       12.1.2 Refunding any Advertising Fee payable; or
       12.1.3 The cost of resupplying the Advertising Services and / or Additional Advertising Services.
12.2 homeone® will provide You with statistics or information relating to Advertising Services or Additional Advertising Services by way of unpaid courtesy only and homeone® shall not be liable to You or any other person directly or indirectly for any claim or action for any loss or damage You sustain by relying upon such statistics or information.

13. CONFIDENTIALITY AND PRIVACY
13.1 You promise to homeone® that You will at all times keep confidential and not disclose to any person or by any means any Confidential Information without the express written consent of homeone® which may be withheld without any reason being given.
13.2 You promise to homeone® that You will not at any time or by any means give to any person access to any document or thing which contains, incorporates, or refers to Confidential Information.
13.3 Any personal information disclosed by You to homeone® under this Agreement shall be kept by homeone® in accordance with the terms of Our Privacy Policy.

14. INDEMNITY
14.1 The Advertiser agrees to defend, hold harmless and will indemnify homeone® from all damages, costs and expenses of any nature whatsoever including but not limited to reasonable legal and other fees, for which homeone® may become liable by reason of its publication of the Advertiser's online advertising.
14.2 homeone® reserves the right to vary, delete, or insert new terms to this Agreement upon giving You written notice of the varied, deleted, or inserted terms and this Agreement as amended will then contain the full understanding of the parties.

15. REPLACEMENT AND SAVING OF PREVIOUS AGREEMENT (IF APPLICABLE)
15.1 This Agreement replaces the Homeone Advertising Service Agreement entered into between the parties on the preceding Agreement date (“Replaced Agreement”) subject to the following Clauses:
15.2 You remain bound by all of the terms and conditions of the Replaced Agreement including payment of any Advertising Fees for any Advertising Services, or Additional Advertising Services, to homeone®; and
15.3 homeone® remains bound by all of the terms and conditions of the Replaced Agreement.

16. DEFINITIONS
“Acceptance” means You have clicked on “I accept this Agreement” and Your payment has been successfully processed.
“Additional Advertising Services” refers to any number and variety of Placements beyond the Advertising Services purchased via the Advertiser Control Panel, or purchased from homeone®, and excludes banner advertising booked via Insertion Orders.
“Advertiser” means the company You represent, COMPANY_NAME (of ABN COMPANY_ABN).
“Advertiser Control Panel” means the content management system by which You may add, edit or delete Content.
“Advertising Fee” means the total cost of Advertising Services and of Additional Advertising Services including GST and in Australian dollars as referred to in the first section of this Agreement.
“Advertising Services” means the Placements referred to in Clause 4.1.
“Agreement” means this Homeone Advertising Service Agreement.
“All Advertising Services” refers to Advertising Services combined with Additional Advertising Services.
“Australian Dollars” means Australian dollars inclusive of GST.
“Banner Advertising” means any advertisement that is a graphical web advertising unit such as a 468 x 60, 300 x 250 or 728 x 90 measured in pixels by width and height respectively. Banner Advertising will not be automatically renewed in any successive term of this Agreement without the written consent of homeone® and payment of any further fee or charge.
“Confidential Information” means this Agreement, any information or price contained or referred in this Agreement and any information provided by homeone® before or after this Agreement to You or Your agents which by its nature is confidential or is marked “confidential”, “private”, “secret”, or “not to be disclosed”.
“Content” means all information, data or facts posted by You onto this Site including, without limitation, all comment, feedback, ideas, suggestions, testimonials, claims, texts, brochures, files, graphics, icons, photographs, video, SMS, and email addresses and URLs.
“Date of Acceptance” means date upon which Acceptance is provided by You.
“homeone®” or “homeone” means Homeone Australia and New Zealand (of ABN 46 625 367 703 of PO Box 55, Richmond VIC 3121) and its successors and assigns according to law.
“Insertion Order” means Homeone Insertion Order Agreement which is seperate to this Agreement. An Insertion Order requires signed approval by You or Your agents, contractors, consultants or employees, whether or not authorised by You to facilitate Banner Advertising on this Site.
“Placement” means a listing and profile page on this Site.
“Site” means homeone.com.au.
“You” means including any agent, contractor, consultant or employee whether authorised by You or not.
“Website Terms of Use” means the Website Terms of Use for Advertisers, Members and Visitors.

17. ACCEPTANCE
By accepting this Agreement You certify that You are the owner or authorized representative of COMPANY_NAME, and that You agree for and on behalf of COMPANY_NAME to this Agreement, the Website Terms of Use, and the Privacy Policy, and to their respective terms and conditions.

The parties to this Agreement hereby agree to its terms and conditions.

For and on behalf of homeone®

ABN - 46 625 367 703
Address - PO Box 55, Richmond VIC 3121

For and on behalf of COMPANY_NAME
Name - NAME