A. Muval Pty Ltd ABN 12 611 512 559 of Level 2, Breakfast Creek Road, Newstead QLD 4006 (Muval) operates the Muval platform, a web-based technology platform supporting an online marketplace that matches customers seeking removalist and relocation services with users offering those services (the Muval Platform).
TERMS & CONDITIONS
(a) Muval and the Affiliate have agreed that the Affiliate may from time to time refer customers to Muval for the purpose of the customer obtaining the removalist and relocation services (Services) via the Muval Platform.
(i) a customer referral is made to Muval from the Affiliate via a valid Muval approved affiliate link, unique affiliate code, referral email or trackable phone call; and
(ii) a customer referral made from an Affiliate results in the customer booking the Services and those Services being completed by way of the removalists marking “completed” in the Muval administration platform [within three months of the referral].
(i) Muval must inform the Affiliate that the customer made prior contact with Muval, within 10 Business Days of the date of the referral being made;
(ii) the Affiliate may request proof of the prior contact with the customer, which the Muval must provide to the Affiliate; and
(iii) if the parties agree that the customer contacted the Muval separate from any recommendation of the Affiliate, the referral will not be covered by these Terms & Conditions; or
(iv) if the parties disagree whether the referral should be covered by these Terms & Conditions, the disputes process under clause 9 applies.
(a) Subject to clause 1(b) and (c) above being satisfied, commission will be paid from Muval to the relevant Affiliate as per the schedule below:
(i) Local Job (a job will be considered “local” by removalists who have accepted a removal job on the Muval Platform on an hourly rate within their locally set number of kilometres) = $35 inc GST flat commission payment.
(ii) Interstate Job (pricing for an interstate job is determined by removalists via the Muval Platform who have accepted a removal job based on m3 rate). The commission payments will vary depending on what the customer has spent on the interstate job, as set out below;
(1) $0 - $1500 inc GST = $35 inc GST flat commission fee
(2) $1501 - $2000 in GST = $50 inc GST flat commission fee
(3) $2001 - $3000 in GST = $75 inc GST flat commission fee
(4) $3001+ inc GST = $100 inc GST flat commission fee
Any such fee, a (Commission Payment)
(b) Apart from the Commission Payments, the Affiliate is not entitled to any other fees, benefits or other remuneration and the Affiliate is entirely responsible for its costs and expenses in referring customers.
(a) Muval shall, on a monthly basis, send to the Affiliate a written statement setting out the Commission Payments payable, any specific referral identification data, and how the Commission Payments have been calculated.
(b) The Affiliate shall invoice Muval for the Commission Payments, as per the statement provided in clause 3(a), together with GST.
(c) Commission Payments will be made from Muval to the Affiliates nominated bank account within 14 days of Muval receiving an invoice from the Affiliate.
(a) Where in the course of referring customers, the Affiliate provides Muval with personal information about a customer (Customer Information), the Affiliate warrants that:
(i) the Affiliate is the owner of that Customer Information it has the consent of the customer to share that Customer Information; and
(ii) by providing Muval with access to its Customer Information, the Affiliate will not be in breach of any obligation it has including without limitation any requirements under relevant Law relating to the privacy and confidentiality of the Customer Information provided.
(b) where required by a Law applicable to the Affiliate, the Affiliate must obtain the prior consent of each customer to disclose that Customer Information to Muval; and
(c) Muval is entitled to retain any Customer Information records notwithstanding the termination of any referral arrangement under these Terms & Conditions.
(a) The parties are committed to maintaining a positive and cooperative working relationship and, where practicable, to work collaboratively with each other to drive common goal.
(b) The relationship created by this Agreement does not create any legal relationship of employment, joint venture, agency or partnership.
(c) The Affiliate will not represent that the Affiliate, or any employee or agent of the Affiliate, is an agent or employee of Muval and the Affiliate will actively ensure that its employees and representatives will not hold themselves out as being agents or employees of Muval.
(a) Muval and the Affiliate will bear all of their own costs and expenses arising in relation to referral of customers to Muval.
(b) The Affiliate will observe and ensure that its employees and agents observe the provisions set out in these Terms & Conditions.
(c) The Affiliate shall not produce any marketing material including Muval’s name, logo or trade marks on any marketing material for the Services without the prior written consent of Muval.
(d) The Affiliate shall not, without Muval’s prior consent, make or give any representations, warranties or other promises concerning the Services which are not contained in Muval’s marketing material.
(a) Muval and the Affiliate acknowledge that information disclosed by one party to the other in the course these Terms & Conditions may be confidential and must be provided with the consent of the customer as required by law except where:
(i) the information is public knowledge (but not because of a breach of these Terms & Conditions) or the party has independently created the information;
(ii) disclosure is required by law or a regulatory body (including a relevant stock exchange);
(iii) disclosure is made to a person who has a need to know, and only to the extent that each person must know, for the purposes of these Terms & Conditions on the basis that the person agrees to keep the information confidential
(b) Neither party will make, or permit to be made, any public disclosure including promotional materials such as newsletters, brochures, flyers or annual reports, referring to the contents or subject matter of these terms, without the prior written approval of the other party.
(a) If a party claims there is a dispute or difference between the parties in connection with these Terms & Conditions, that party may give the other a written notice to the other party specifying the dispute or difference.
(b) Within 7 days of the date of the notice, a person holding a position of senior management of each party will undertake negotiations in good faith and on a without prejudice basis with a view to resolving the dispute or difference.
(c) If the dispute is not resolved within 20 business days of the negotiations commencing, the parties must mediate the dispute in accordance with the mediation rules of the Law Society of Queensland and the parties must request the President of the Law Society of Queensland or the President’s nominee to select the mediator and determine the mediator’s remuneration.
(a) If for any reason Muval is needing to cease the referral service with the Affiliate, Muval will provide 30 days notice to the Affiliate prior to voiding any approved Affiliate links provided.
(b) The Affiliate may request to deactivate the referral links for any reason by way of writing to email@example.com and providing 30 days notice.
(c) Any variations to these general terms, including to the Commission Payment amounts, may be updated by Muval with 30 days notice.