Terms and Conditions

1. Definitions "Agent" means a licensed estate agent within the meaning of the Estate Agents Act 1980 (including an agent's representative) who is engaged or appointed to do estate agency work for the Customer; "Agreement" means the Application signed by the Customer for the provision of Services by DCA; "Customer" means a person, firm or corporation,jointly and severally if there is more than one,acquiring the Services; "DCA" means Direct Connect Australia Pty Limited of Level 1, 15 Shierlaw Avenue, Canterbury, VIC 3126 and its permitted successors and assigns; "Fee" includes commission, charges or other remuneration or benefit whether monetary or otherwise; "Premises" means the Customer's premises to be supplied/connected as specified in the Application;"Services" means the services supplied by DCA to the Customer in arranging for the connection and disconnection of the nominated utility services; and "Terms" means these Terms and Conditions of Supply.

2. Basis of Agreement

2.1 The Terms apply exclusively to every contract for the supply of Services by DCA to the Customer and cannot be varied or supplanted by any other conditions without the prior written consent of DCA.
2.2 By signing the Agreement, the Customer authorises and appoints DCA acting in the capacity of agent to provide the Services.
2.3 The Agreement is accepted by DCA when it confirms its acceptance of an offer from the Customer by telephone, or supplies the Customer with the Services.
2.4 DCA in its absolute discretion may refuse to accept any signed Agreement.
2.5 It is the Customer's responsibility to provide DCA with its specific requirements in relation to the Services.
2.6 DCA may vary or amend these Terms by notice in writing to the Customer at any time.

3. Fees

3.1 The Customer does not pay any Fee to DCA for the supply of Services.
3.2 The Customer will be solely responsible for all amounts payable in relation to the connection and/or supply of the utility services including all standard connection fees or deposits required by various utility providers.
3.3 The Customer is solely responsible for any additional service fees that may be imposed by utility providers for any after hours connections.
3.4 DCA, its associates, agents and contractors may receive a Fee from a provider of services and such Fee will not be rebated to the Customer.
3.5 The Agent may receive a Fee from DCA in connection with the provision of the service being provided to the Customer by DCA.

4. Utility Providers Terms and Conditions

4.1 The Customer acknowledges that the utility services will be activated according to anyapplicable regulations imposed by the utility providers.
4.2 The Customer accepts the time frames and terms and conditions of the nominated utility providers.

5. Default and Termination

5.1 Where in DCA's option:(a) the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of hisor her creditors or any class of his or her creditors generally; or(b) the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class ofits creditors generally, or has a liquidator,provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation),winding up or dissolution without winding up of the Customer;DCA may cease or suspend for such period as DCA thinks fit, the supply of any further Services to the Customer and by notice in writing to the Customer, terminate any Agreement with the Customer so far as unperformed by DCA.

6. Performance of Agreement

6.1 Any period or date for connection, disconnection or provision of Services stated by DCA is intended as an estimate only and is not a contractual commitment. DCA will use its best reasonable endeavours to meet any estimated dates for connection, disconnection or completion of the Services.

7. Access

7.1 The Customer must provide the suppliers and utility companies and their equipment, safe,suitable and unhindered access to the Premises to read and maintain the meters, allow the connection and disconnection of the nominated utilities and carry out other necessary testing and repairs.

7.2 DCA may obtain a National Metering Identifier(NMI) on the Premises to obtain supply details.

8. Liability

8.1 DCA does not warrant or guarantee the quality,frequency and continuity of supply of the utility services to the Premises. DCA shall not be liable for any claims with respect to quality, frequency,continuity or reliability of supply of the utility services, including but not limited to, inadequate pressure and interruptions.
8.2 If the delivery of the Services is delayed or prevented by circumstances caused by the Customer, including that the Customer is notable to accept delivery or has the electricity main switched on at the time of connection,DCA shall not be liable.
8.3 To the extent permitted by law, DCA shall not be liable for any loss or damage to any person or property as a result of the provision of the Services or any act or omission by the utility provider or for any loss caused by or in connection with any delay in, or failure to connector disconnect or provide the nominated utilities.
8.4 Liability arising under or in connection with the description, quality, condition, performance,merchantability or fitness for purpose of the Services is limited to the re-supply of the Services.
8.5 DCA is not liable for any direct or indirect or consequential losses or expenses suffered by the Customer or any third party, as a result of the provision of the Services, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
8.6 DCA is not liable for any loss or damage suffered by the Customer where DCA has failed to meet any delivery or connection date or cancels or suspends the supply of Services.
8.7 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of attempting to exclude, restrict or modify the application of any State or Federal legislation applicable to the provision of Services that cannot be excluded, restricted or modified.

9.0 Indemnity

9.1 The Customer must not do anything that will cause harm or impose any liability on DCA.
9.2 The Customer indemnifies DCA for any claims against DCA, including those from third parties,and for all losses, damages and liabilities DCA may suffer or incur on account of any claims which arise as a result of the provision of the Services or any act or omission by the utility provider or for any claims made in connection with any delay in, or failure to connect or disconnect or provide the nominated utilities.
9.3 The Customer will be solely responsible for all amounts payable in relation to the connections and/or supply of the Services and indemnifies DCA, its officers, servants and agents in respect of any charges whatsoever in respect of the Services including but not limited to, fees and charges imposed by the utility companies.

10. Force Majeure

10.1 If, through circumstances beyond its control,DCA is unable to effect delivery or provision of the Services, then DCA may, at its option,suspend its obligations or cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer.

11. Miscellaneous

11.1 The law of Victoria from time to time governs this Agreement and the parties agree to the exclusive jurisdiction of the courts and tribunals of Victoria,the Federal Court of Australia, and of courts entitled to hear appeals from those courts and tribunals.

12. Privacy

12.1 DCA is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to DCA in accordance with the Privacy Act.

12.2. DCA is authorised to provide any information disclosed by the Customer to a supplier or potential supplier of the utility services or in relation to such services for the purpose of completing the connections or disconnection and to obtain any information necessary in relation to such services.

12.3 DCA will endeavour to answer any queries and resolve any disputes in relation to the connection Services in a timely manner. All queries of a technical nature in relation to the utility services must be directed to the relevant utility service provider.

13. Do Not Call Register

13.1 We/I expressly consent to Direct Connect contacting me by telephone or by SMS in relation to the marketing or promotion o fall of the services listed under the heading "Connection Details" in their agent's tenancy application form even if we/I have not applied for the connection of those services in this application. This consent will continue [fora period of 1 year from the date of our/my execution of this application/until [28] days after we/I disconnect the last of the services in respect of which this application is made].We/I acknowledge that this consent will permit Direct Connect to contact us/me even if the telephone numbers listed on this application form are listed on the Do Not Call Register.

In this application to utility providers for this purpose, I;

• acknowledge having been provided with Terms and Conditions of Supply of Direct Connect and having read and understood them together with the Privacy Collection Notice set out below;
• declare that all the information contained in this application is true and correct and given of the tenants? own free will;
• expressly authorise Direct Connect to provide any information disclosed in this application to a supplier or potential supplier of services in accordance with the Privacy Collection Notice and to obtain any information necessary in relation to the services;
• expressly authorise Direct Connect to provide any information disclosed in this application to an information provider for the purpose of that information provider disclosing it to a supplier or potential supplier of services in accordance with the Privacy Collection Notice and to obtain any information necessary in relation to services;
• consent to Direct Connect contacting me by telephone or by SMS in relation to the marketing or promotion of all of the services listed under the heading ?Utility Connections? above even if we/I have not applied for the connection of those services in this application.
• acknowledge that this consent will permit Direct Connect to contact us/me even if the telephone numbers listed on this application form are listed on the Do Not Call Register; understand that under the requirements of the Privacy Act 1988, Direct Connect will ensure that all personal information obtained about me/us will be appropriately collected, used, disclosed and transferred and will be stored safely and protected against loss, unauthorised access, use, modification or disclosure and any other misuse;
• authorise the obtaining of a National Metering Identifier (NMI) for my residential address to obtain supply details;
• consent to Direct Connect disclosing my/our details to utility providers (including my/our NMI and telephone number);
• declare and undertake to be solely responsible for all amounts payable in relation to the connections and/or supply of the Services and hereby indemnify Direct Connect and its officers, servants and agents and hold them indemnified against any charges whatsoever in respect of the Services;
• acknowledge that, to the extent permitted by law, Direct Connect shall not be liable for any loss or damage (including consequential loss and loss of profits) to me/us or any other person or any property as a result of the provision of the services or any act or omission by the utility provider or for any loss caused by or in connection with any delay in connection, disconnection or provision of, or failure to connect or disconnect or provide, the nominated utilities;
• acknowledge that whilst Direct Connect is a free service I/we may be required to pay standard connection fees or deposits required by various utility providers;
• acknowledge that the Services will be provided according to the applicable regulations and that the time frames and terms and conditions of the nominated utility providers bind me/us and that after hours connections may incur additional service fees from utility providers;
• acknowledge that the real estate agent listed on the connection application form may receive a benefit from Direct Connect in connection with the provision of the service being provided to me/us by Direct Connect;
• and acknowledge the entitlement of Direct Connect and its associates, agents and contractors, to receive a fee or remuneration from the utility provider and that such fee or remuneration will not be refunded to me as a rebate in connection with the provision of the utility connection services.

This consent will continue [for a period of 1 year from the date of our/my execution of this application/until [28] days after we/I disconnect the last of the services in respect of which this application is made].