Terms and Conditions

This website is operated by ZeroBonds Australia Pty Ltd ACN 634 864 216, ZeroBonds Residential Pty Ltd ACN 637 890 585 and ZeroBonds Commercial Pty Ltd ACN 637 890 567
(ZeroBonds, we, us, our).

These terms and conditions support your use of this website. By accessing and/or using our website, you agree to our terms of use. These terms may be updated from time to time and
will be valid from the date of publication.

Intellectual property and copyright

Unless otherwise stated ZeroBonds is licensed to use, the intellectual property, including copyright, of all content on this website.

Your use of the website and use of and access to any content does not grant or transfer any rights, title and interest to you in relation to this website or any of its content.

Use of content

You may view and print pages from our website for your own use, subject to the restrictions below.

You are not permitted to:

• Commercialise ZeroBonds’ content.
• Republish material from this website (including republication on another website), without prior approval and appropriate acknowledgement.
• Redistribute material from this website, except for any content specifically made available for redistribution (such as our marketing materials).
• Edit or otherwise modify any material on the website, without prior approval and appropriate acknowledgement.

You may seek approval for use of information outside of these terms by contacting us using the details below.

Disclaimer

While every effort has been made to ensure the information contained on the website is upto-date and accurate, we make no warranty or representation about its accuracy or completeness. You should monitor any changes to the information contained on this website.

None of the information on this website should be taken to constitute any professional advice, including financial or legal advice.

To the extent permitted by law, ZeroBonds, our directors, officers, employees, contractors, agents and assigns exclude all liability (whether in negligence or otherwise) for:

• any error or inaccuracy in, or omission from the website;
• any loss or damage suffered by any person, directly or indirectly, through use of our website, including reliance upon the information contained therein; and
• any decisions made based on its content.

Use of personal data

Your data will be used as specified in our Privacy Policy or in relevant parts of the website.

We may use your information to, inter alia:

• enable your use of our services;
• improve your browsing experience;
• supply goods or services purchased on the website;
• send you marketing communications which we think may be of interest to you. You can inform us at any time if you no longer wish to receive marketing communications.
• deal with enquiries or complaints made by or about you relating to the website.

We may disclose information about you:

• to the extent we are required to do so by law;
• in connection with any legal or prospective legal proceedings;
• to seek professional advice;
• in order to establish, exercise or defend our legal rights.

Security

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. It should be noted that data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You may need to be a registered member to access certain features of our website. When you register your account, you will provide us with personal information such as your name,
email address, telephone number and credit card details. We will handle all personal information we collect in accordance with our Privacy Policy. You are responsible for keeping your password and user details confidential.

 

1. A reference to capitalised terms in this Agreement has the following meanings:
   • “Act” means the Residential Tenancies Act 2010 (NSW);
   • “Administration Fees” means the fees charged by ZeroBonds from time to time in respect of a failure by a Tenant to comply with a term of this Agreement;
   • “Agent” means a real estate agent engaged by the Landlord to manage an RTA in respect of the Premises;
   • “Agreement” means these terms and conditions, the Application Form and the ZeroBonds Privacy Policy;
   • “Application ” means the application by the Tenant to ZeroBonds to use the service in accordance with the terms and conditions of this Agreement;
   • “Application Form” means the application form submitted to ZeroBonds;
   • “Application Fee” is the sum identified on the Application as the non-refundable application fee;
   • “Bond” has meaning given to the expression “rental bond” pursuant to theAct;
   • “Breach Finding” means a breach of an RTA pursuant to which a Claim is made by a Landlord against a Tenant and which either results in:
   • an Order requiring a payment to be made by a Tenant to the Landlord; or
   • results in a Signed Direction to Pay.
   • “Claims” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise;
   • “Court” means any court or tribunal which has jurisdiction to hear and resolve residential tenancy disputes or disputes in respect of an RTA and includes, for the avoidance of doubt, NCAT;
   • “Enforcement Costs” means all Administration Fees, legal costs and disbursements incurred by ZeroBonds (including costs on a solicitor/client or indemnity basis, whichever is higher) together with all other costs, charges and expenses reasonably incurred by ZeroBonds in enforcing its rights under this Agreement;
   • “Insolvent” means:
   • in the case of a Tenant who is a natural person, where the Tenant cannot pay his or her debts as and when they fall due, a receiver or receiver and manager is appointed to part or all of the property and undertaking of the tenant, the tenant enters into a composition or arrangement with his or her creditors pursuant to the provisions of the Bankruptcy Act 1977 (Cth) or similar, a sequestration order is made in respect of the Tenant;
   • in the case of a Tenant who is a corporate entity, where the Tenant cannot pay its debts as and when they fall due, a receiver or receiver and manager is appointed to all of, or substantially all of, the property and undertaking of the Tenant, the Tenant executes an arrangement for the benefit of creditors, the Tenant enters into a deed of company arrangement, a liquidator or provisional liquidator is appointed to the Tenant.
   • “Interest” means the sum of 7% per annum to be calculated at a daily rate on all outstanding monies;
   • “Law” includes all statutes, regulations, by-laws, ordinance and other delegated legislation, orders, notices and any rule of common law or equity and any statutory guidelines, policies and environmental planning instruments;
   •  “Landlord” is the person or corporation identified as the “landlord” in the Application Form;
   • “Nominated Credit Card” means the credit card details I provide to ZeroBonds at the time of making the Application;
   • “NCAT” means the NSW Civil and Administrative Tribunal;
   • “Order” means any order, direction or similar compulsive requirement from any Court and includes, for the avoidance of doubt, any terms of settlement in any Court proceedings.
   • “Payment Limit” means an amount of 6 weeks of Weekly Rent;
   •  “Person” or “Persons” includes, a person and a corporation;
   • “Premises” means the Leased Premises Address identified in the Application Form;
   • “RTA” means the Residential Tenancy Agreement;
   • “Signed Direction to Pay” means a notice in writing signed by the Tenant and the Landlord (or the Agent on behalf of the Landlord) which authorises ZeroBonds to pay an amount to the Landlord not exceeding the amount of the Payment Limit;
   • “Tenant” means the Person identified in the Tenant Details;
   • “Tenant Details” means the section of the Application Form entitled “tenant details”;
   • “Terms and Conditions” means these terms and conditions;
   • “ZeroBonds” means ZeroBonds Residential Pty Ltd ACN 637 890 585;
   • “ZeroBonds Fee” means the sum of 14.5% of 4 Weeks Rent Value;
   • “ZeroBonds Privacy Policy” means the document entitled “ZeroBonds Privacy Policy” attached to these Terms and Conditions;
   • “Weekly Rent” means the “Weekly Rent” identified in the Application Form;
   • “4 Weeks Rent Value” has the meaning set out in the Application Form.

Interpretation

2. In this Agreement, unless the contrary intention appears or the context otherwise requires or admits:
   • a reference to “I”, “me”, “we” or “they” is a reference to the Tenant;
   • a reference to any one gender includes each other gender (as the case may require);
   • a reference to the singular includes the plural and vice versa;
   • a reference to a person includes a reference to that person’s executors, administrators, legal personal representatives, successors and permitted assigns;
   • a reference to Business Day is a reference to a day that is not a Saturday, Sunday or public holiday in New South Wales;
   • where a party is entitled to grant or withhold consent or exercise a discretion under this Agreement, that party may grant or withhold such consent, or exercise such discretion, in its sole discretion;
   • a reference to $ is to Australian dollars;
   • a reference to a party or parties is a reference to ZeroBonds and the Tenant;
   • any payment or sum of money due on a day which is not a Business Day shall be deemed to be payable on the next Business Day;
   • a reference in this Agreement to the Agent shall be deemed, where necessary, to be a reference to the Landlord, if there is no Agent.

Agreement & Warranties

3. I am the Tenant. A Tenant may be one or more persons, in which case we are each jointly and severally liable for any obligations and/or liabilities under this Agreement.
4. I have received, read and understood the terms of this Agreement.
5. By:
   • Clicking “I Agree” (for online applications); or
   • signing a copy of this Agreement and providing it to the Agent

I agree to be bound by the terms and conditions of this Agreement.

6. I acknowledge and warrant to ZeroBonds that any information supplied to ZeroBonds by me directly or to the Agent by me for the purposes of this Agreement is true and correct and not misleading or deceptive in any way and I acknowledge that ZeroBonds enters into this Agreement with me in reliance on these acknowledgements and warranties.
7. I acknowledge and warrant to ZeroBonds that I have not been coerced or induced to enter into this Agreement by any representation, warranty or statement made by any party of Person other than any specific representation, warranty or statement made in this Agreement.
8. I acknowledge that the Agent is the agent of the Landlord and not the agent of ZeroBonds.
9. I acknowledge that the service provided by ZeroBonds under this Agreement is not a credit or insurance product.
10. I agree that I must pay the Application Fee to ZeroBonds at the time of making the Application and/or submitting the Application Form (whichever is earlier) and that the Application Fee is non-refundable even if ZeroBonds does not approve the Application.
11. I must pay the ZeroBonds Fee to ZeroBonds immediately in accordance with these terms and conditions, if the Application is approved by ZeroBonds and acknowledge that the ZeroBonds Fee is a one-off fee that is non- refundable.
12. I acknowledge that ZeroBonds is not obliged to approve any Application and that ZeroBonds is entitled to exercise its sole discretion in determining whether to approve amu Application.
13. I acknowledge that in the event that ZeroBonds rejects any Application, then neither ZeroBonds nor myself shall remain obliged to each other under this Agreement, other than my obligation to pay the Application Fee.
14. I acknowledge that ZeroBonds may provide to the Agent or the Landlord a certificate which will represent to the Landlord my agreement with the terms and conditions of this Agreement.
15. I acknowledge that ZeroBonds may provide to the Agent or the Landlord a copy of this Agreement if required by the Landlord

Approved Applicant

16. Any Tenant who is approved for any Application by ZeroBonds may be an “Approved Applicant”. The Tenant will be an Approved Applicant for a period of six (6) months commencing from the date that the Application is approved by ZeroBonds.
17. ZeroBonds agrees to waive the Application Fee payable on any Application made by the Approved Applicant in the six (6) month period from the date the Tenant becomes an Approved Applicant.
18. Notwithstanding that a Tenant may be an Approved Applicant, ZeroBonds shall, at all times, retain a discretion to refuse a Tenant Approved Applicant status and ZeroBonds shall not be obliged to enter into any further Application with any Tenant if a Tenant is no longer an Approved Applicant. .
19. The Tenant agrees and acknowledges that while they are an Approved Applicant, all other fees and charges payable in accordance with these terms and conditions and payable under an Application remain payable.
20. Once a Tenant ceases to be an Approved Applicant, the Tenant agrees it will be liable to pay the Application Fee.

Obligation to Pay

21. I acknowledge that if ZeroBonds approves the Application I will not have to pay a Bond in respect of the RTA.
22. I acknowledge and agree that the service provided to me by ZeroBonds under this Agreement is not a credit or insurance product and does not cover me for any Claim made against me other than a Claim in a Breach Finding. I am ultimately responsible for the payment of all amounts outstanding under the RTA, including any payment made by Zerobonds under this Agreement up to the Payment Limit and all amounts outstanding to the Landlord which exceed the amount of the Payment Limit.
23. I agree that I will abide by the terms of the RTA and that I will use all reasonable endeavours to avoid a Breach Finding including negotiating or mediating with the Agent and/or Landlord.
24. I acknowledge that ZeroBonds will, within two (2) Business Days of being notified of a Breach Finding, within two (2) Business Days, pay to the Agent (or in accordance with the Agent’s written direction), an amount in accordance with the Breach Finding, up to the limit of the Payment Limit.
25. I acknowledge that if during, or following, the end of the term of the RTA, there is no Breach Finding I will only be obliged to pay ZeroBonds the Application Fee and the ZeroBonds Fee under this Agreement.
26. I acknowledge that ZeroBonds shall not be liable to the Landlord, or to me, for any Claim above the limit of the Payment Limit and that upon payment in accordance with this Agreement, ZeroBonds shall have no further obligation to me, the Agent and/or the Landlord.
27. I acknowledge that if ZeroBonds is provided notice of a Breach Finding it will not be obliged to enquire as to the validity of the Breach Finding and may rely on the Breach Finding.
28. I acknowledge that if a Breach Finding exceeds the amount of the Payment Limit then I will be personally liable to the Landlord for the amount by which the Breach Finding exceeds the Payment Limit.
29. I acknowledge and agree that ZeroBonds if is required to pay a Breach Finding (whether such payment is less than or equal to the Payment Limit) that I will be obliged to reimburse ZeroBonds for the payment made in accordance with the Breach Finding.
30. I acknowledge and agree that in the event I fail to comply with this Agreement, that ZeroBonds may take such action as it sees fit against me, and that if ZeroBonds is required to enforce its rights under this Agreement that ZeroBonds may recover from me all amounts outstanding under this Agreement together with Interest and Enforcement Costs.
31. I acknowledge that if I breach this Agreement or fail to comply with the RTA, then my credit reputation could be adversely affected and I may be reported to a credit reporting body in accordance with the Privacy Policy.
32. I acknowledge that any failure by me to pay amounts outstanding under this Agreement to ZeroBonds will permit ZeroBonds, its agents and assigns to report me to any credit reporting body and to commence legal proceedings against me to recover the full amount outstanding under this Agreement, without any notice to me.

Authority to Deduct

33. I, the Tenant as cardholder, by providing my Nominated Credit Card details to ZeroBonds hereby irrevocably authorise ZeroBonds to debit my Nominated Credit Card, without any prior notification to me, in the following circumstances:
    • For payment of the Application Fee upon submission of the Application to ZeroBonds;
    • For payment of the ZeroBonds Fee, upon approval by ZeroBonds of the Application;
    • For reimbursement to ZeroBonds of all amounts outstanding under this Agreement, including but not limited to the Payment Limit (or part thereof), Interest and/or Enforcement Costs.
34. The authorisation in clause 33 remains in force, even after the Agreement is terminated, until all outstanding payments owed by the Tenant to ZeroBonds, in accordance with this Agreement, have been paid.
35. The Tenant acknowledges and agrees that the Tenant is responsible, at all times, for ensuring that Nominated Credit Card:
    • is current, including the credit card details, and remains valid; and
    • there is sufficient credit available to pay up to a maximum of the Payment Limit if such payment becomes due.
36. The Tenant acknowledges and Agrees that it will advise ZeroBonds as to any changes to credit limit, card details, suspension or cancellation of the Nominated Credit Card.
37. In the event that ZeroBonds is notified of the suspension, cancellation or expiry of a Nominated Credit Card, or that the Nominated Credit Card has reached or exceeded its limit, ZeroBonds may require the Tenant (upon written notice) to provide a replacement Nominated Credit Card. In the event that that a replacement Nominated Credit Card is required by ZeroBonds, then the provisions of this Agreement shall apply to the replacement Nominated Credit Card.
38. ZeroBonds is not responsible for any penalties or interest imposed by the provider of the Nominated Credit Card as a result of the Tenant failing to comply with this Agreement.
39. For the avoidance of doubt, I acknowledge and agree that if, for any reason, a payment owed by me under this Agreement cannot be processed using the Nominated Credit Card, I agree that I remain liable to pay all amounts outstanding to ZeroBonds on demand by ZeroBonds.

Termination & Consequences

40. The Tenant may terminate this Agreement in accordance with the terms of this Agreement.
41. If either party terminates this Agreement for any reason, ZeroBonds shall have the right to have an agent or representative inspect the Premises 48 hours prior to termination of this Agreement.
42. The Tenant must comply with all reasonable directions given by ZeroBonds either, during or following such inspection, to make good the Premises or to rectify any breach of the RTA which has occurred either prior to, or at the time of, the inspection.
43. The Tenant may terminate this Agreement at any time upon seven (7) Business Days prior notice in writing being given to ZeroBonds.
44. If the Tenant terminates this Agreement in accordance with clause 43of this Agreement and if the RTA the subject of this Agreement has not been terminated at the time of termination of this Agreement then the Tenant acknowledges:
    • that ZeroBonds will no longer be liable under this Agreement to the Tenant and/or Landlord;
    • that the Tenant has either:
      • paid a Bond in accordance with the Act; or
      • the Landlord have agreed no Bond is payable,.
    • the Tenant will be liable to the Landlord for any Bond (if one is required by the Landlord); and
    • the Tenant must give notice to the Agent of the termination of this Agreement.
45. The Tenant acknowledges that this Agreement will terminate automatically upon termination or cessation of an RTA for any reason.
46. In the event that this Agreement is terminated in accordance with clause 45 of this Agreement:
    • If there is no Claim by a Landlord at the time of termination for breach by the Tenant of the RTA, then ZeroBonds’ obligations under this Agreement shall immediately be at an end;
    • If there is a Claim by a Landlord at the time of termination for a breach by the Tenant of the RTA, then ZeroBonds’ obligations under this Agreement shall continue until the earlier of:
      1. receipt by ZeroBonds of a Breach Finding; or
      2. twelve months from the date of termination of the RTA.

47. ZeroBonds may terminate this Agreement immediately upon notice in writing to the Tenant if the Tenant fails to pay the Application Fee and/or the Zerobonds Fee.
48. ZeroBonds may terminate this Agreement immediately upon notice in writing to the Tenant if the Tenant is or becomes Insolvent.
49. In the event that this Agreement is terminated by ZeroBonds in accordance with clause 47 and 48 of this Agreement then ZeroBonds’ obligations under this Agreement to the Tenant shall immediately be at an end.
50. Notwithstanding any termination of this Agreement for any reason at all, the Tenant acknowledges that the Tenant shall remain liable to pay all amounts the Tenant is required to pay under the Agreement.
51. Termination of this Agreement will not affect any accrued rights of any party at the time of termination.

General

52. I hereby release ZeroBonds (together with its officers, agents, contracts, employees and assigns) from any Claim, other than a Claim to enforce the terms of this Agreement. I agree, that to the extent permitted by Law, any Claim I make against ZeroBonds under this Agreement is limited to the amount of the Payment Limit.
53. I agree that I will keep confidential the terms of this Agreement and that I will only disclose the terms of this Agreement:
    • with the prior written consent of ZeroBonds;
    • if disclosure is required by compulsion of law;
    • to the Agent and/or Landlord; and
    • to a legal adviser or financial adviser providing me with advice in respect of this Agreement (or any part of it).
54. In using the ZeroBonds technology on any platform, I acknowledge that all technology, including but not limited to the ZeroBonds online app, Zerobonds webite or software, is the property of ZeroBonds and may only be used by me for the purposes of this Agreement.
55. I agree to not denigrate or complain about ZeroBonds’ service to any Agent or Landlordor any third party without first providing my complaint to ZeroBonds and allowing time for the resolution of the complaint, which ZeroBonds shall attempt to resolve within 10 Business Days of my making the complaint.
56. In the event that any aspect or clause of this Agreement is deemed unenforceable for any reason, then that aspect or clause shall be severed from the Agreement but the rest of the Agreement shall remain enforceable.
57. I agree to sign all necessary documents and do all necessary things to give effect to any aspect of this Agreement if requested by Zerobonds.
58. I agree that if there is an inconsistency between the provisions of the Application Form, these terms and conditions and/or the ZeroBonds Privacy Policy that these terms and conditions shall prevail to the extent of the inconsistency.
59. This Agreement cannot be assigned by me to any third party but ZeroBonds has the right to assign this Agreement to anyone without prior notice to me or my consent.
60. This Agreement is governed by the laws in force in the state of New South Wales. The parties submit to the exclusive jurisdiction of the courts and tribunals of the State of New South Wales.

Governing [email protected]

The use of the ZeroBonds website is governed by the laws of New South Wales, Australia.

Contact Us

If you have any questions about these terms and conditions of use please contact us:
Email: [email protected]
Phone: +61 1300 425 119
Post: Suite 34, 30 Denison Street, Bondi Junction NSW 2022 Australia