5 Minute Roof Quote — Contractor Terms of Service

1. Definitions

In these Terms:

• Contractor means the person or business registered to use the Platform.
• Credit means an amount we apply to your account that may be used to meet Lead Fees.
• Duo Rate means the Lead Fee that applies where two Contractors are allocated the same Lead.
• Exclusive Fee means the Lead Fee that applies where one Contractor is allocated a Lead.
• Lead means an enquiry from a Property User that is allocated or made available to the Contractor through the Platform.
• Lead Fee means the applicable fee charged for an allocated Lead.
• Platform means the 5 Minute Roof Quote website and associated contractor services.
• Property User means a person who submits an enquiry through the Platform in connection with a residential or commercial property, whether or not that person is the legal owner of the property. A Property User may include an owner, landlord, tenant, renter, property manager, strata manager, agent, prospective purchaser or another person making an enquiry in relation to a property.
• Rate Schedule means the schedule of Lead Fees published on the Platform, as varied under clause 13.
• Trio Rate means the Lead Fee that applies where three Contractors are allocated the same Lead.

2. Contractor Eligibility

You represent and warrant that:

• you are legally authorised to enter into these Terms on behalf of the Contractor;
• all information provided to us is accurate and current;
• you hold and maintain an Australian Business Number (ABN), and will provide it to us on request;
• you hold all licences, registrations, approvals and insurance required to lawfully perform the services you offer;
• you will maintain those licences, registrations, approvals and insurance;
• you will immediately notify us of any material change that may affect your eligibility to provide roofing services, including where a licence or registration required for roofing work in a state or territory in which you accept leads lapses, is suspended or cancelled, or has a condition placed on it.

We may request evidence of an ABN, licences, registrations, approvals or insurance at any time.

3. Lead Allocation

Leads may be allocated to you when a Property User selects your business or otherwise requests to be contacted by you through the Platform. A Lead is allocated when the relevant Lead information becomes available to you through the Platform or is otherwise communicated to you.

Once a Lead has been allocated, a Lead Fee is incurred for that Lead. The amount of that Lead Fee is determined under clause 4. The Lead Fee applying at the time of allocation is shown to you in your contractor dashboard, together with whether it can still reduce and the date it becomes final.

Because a Lead Fee may still reduce under clause 4.1, the Lead notification we send you directs you to your dashboard rather than naming an amount that may no longer be correct by the time you read it.

A Lead that has been allocated to you cannot be declined, returned or cancelled. The number of Leads you receive is limited by the budget you set in your campaigns, not by a right to refuse individual Leads. Your recourse where a Lead was defective is the dispute process in clause 8.

4. Lead Fees and Payment

4.1 How Lead Fees are determined

The first Contractor allocated a Lead is charged the Exclusive Fee for that Lead's category and region, as set out in the Rate Schedule and shown to you when the Lead is allocated.

A Lead remains open for allocation for 7 days from the time the first Contractor is allocated to it. If a second Contractor is allocated the same Lead within that period, the fee charged to every Contractor allocated that Lead is adjusted to the Duo Rate. If a third Contractor is allocated the same Lead within that period, the fee charged to every Contractor allocated that Lead is adjusted to the Trio Rate.

Fees are only ever reduced by this adjustment. They are never increased.

At the end of the 7-day period the Lead is closed to further allocation and no further Contractor may be allocated to it. The same is true earlier than that if every position on the Lead has already been filled, because no further Contractor can then be allocated and no further adjustment is possible.

4.2 When a Lead Fee becomes final

A Lead Fee becomes final at the later of:

• the point at which no further Contractor can be allocated to that Lead, under clause 4.1; and
• the close of the dispute period for that Lead under clause 8.

No Lead Fee is charged or invoiced before it is final. You are never charged a fee that can still change.

If you raise a dispute under clause 8, the Lead Fee for that Lead is not charged or invoiced until the dispute is resolved.

4.3 GST

All Lead Fees quoted on the Platform are exclusive of Goods and Services Tax (GST). GST will be added to tax invoices at the prevailing rate. Contractors registered for GST may be eligible to claim the GST component as an input tax credit.

All amounts are in Australian dollars and, unless stated otherwise, are exclusive of GST.

4.4 How Lead Fees are paid

Payment method on file. Where you have provided a payment method, you authorise us and our payment service providers to charge that payment method for Lead Fees once those fees are final under clause 4.2. You are responsible for ensuring that your payment details remain valid and that sufficient funds are available.

Payment by electronic funds transfer. We may, at our discretion, agree to accept payment by electronic funds transfer. Where we do, we will issue a tax invoice after the fees are final under clause 4.2, and payment is due within 7 days of the date of that invoice. Agreeing to accept electronic funds transfer on one occasion does not oblige us to accept it on another.

4.5 Credit limits and outstanding amounts

We may set, vary or remove a limit on the total value of unpaid Lead Fees that may be outstanding on your account. Where that limit is reached, or where an amount on your account is overdue, we may decline to allocate further Leads to you, or require payment before allocating further Leads. We will notify you where we do so.

4.6 If payment is not made

If a payment is declined, is not made when due, or cannot be processed, we may:

• retry the payment;
• decline to allocate further Leads;
• restrict your access to the Platform;
• suspend your account;
• recover outstanding amounts by other lawful means.

4.7 Credits

We may apply Credits to your account. There are two kinds, and they are treated differently.

Promotional Credits are Credits we give you — for example as part of a trial or an offer. They have no cash value, are not transferable and are not redeemable for money. Each expires on the date notified to you when it is applied, and any unused balance is forfeited if your account is terminated.

Dispute Credits are Credits we issue where we resolve a dispute in your favour under clause 8 after a Lead Fee has already been charged. They may be used to meet Lead Fees, and while a Dispute Credit remains unused you may ask us for a cash refund of it instead. Each expires 12 months after it is applied. Any unused balance is refunded to you if your account is terminated.

Where you hold both kinds of Credit, we apply Promotional Credits first and Dispute Credits second, so that the Credits you can ask us to refund are the last ones used.

We will tell you a Credit's expiry date when we apply it, and it is shown on your account. We will not expire a Credit without having told you its expiry date.

5. Lead Allocation Rules and No Guarantee Regarding Leads

5.1 How Leads are allocated to you

Leads are allocated to you according to the service area, category and budget set in your active campaigns.

We may allocate a Lead to you outside those settings only where you have asked us to, or have agreed with us to, receive it. We record each such allocation and the reason for it.

Where your campaign is paused, your budget is exhausted, or your account is not active, no further Leads will be allocated to you until that changes. Leads already allocated to you before that point remain allocated and remain chargeable under clause 4 — although, while the Lead is still open, the amount may still reduce under clause 4.1.

5.2 What is not taken into account

Leads are not filtered by roofing material, project size, or any preference recorded on your profile. The materials and specialties shown on your profile are displayed to Property Users; they do not restrict the Leads you receive. You may receive Leads for work you choose not to quote on.

5.3 No guarantee

You acknowledge that a Lead represents an opportunity to contact a Property User and does not constitute a guarantee of:

• the accuracy or completeness of information provided by the Property User;
• the Property User's intention or ability to proceed;
• the Property User's ownership of the relevant property;
• the Property User's authority to arrange, approve or authorise roofing work;
• the value of a potential project;
• the timing of a project;
• a site inspection;
• a quotation opportunity;
• a contract;
• payment by the Property User;
• any particular revenue, profit or conversion rate.

You are responsible for conducting your own assessment and verification before entering into any agreement with a Property User.

6. Property Authority

The Platform does not verify whether a Property User is the legal owner of a property or has authority to arrange, approve or authorise roofing work. You are responsible for conducting your own enquiries and obtaining any necessary confirmation of ownership, authority or approval before carrying out inspections, providing services or entering into an agreement in relation to a property.

7. Shared Leads and Your 90-Day Period

Unless expressly stated otherwise, a Lead may be allocated to more than one Contractor. The maximum number of Contractors that may be allocated the same Lead is stated in the Rate Schedule. A Lead will never be allocated to more Contractors than the number of quotes the Property User requested. We do not guarantee exclusivity.

Where a Lead is allocated to you, you may use that Lead to pursue the Property User's enquiry for 90 days from the date of allocation. During that 90-day period we will not allocate you a further Lead for the same property.

If a Property User submits a new enquiry in relation to that property after your 90-day period has ended, that enquiry is a new Lead and a Lead Fee applies if it is allocated to you.

Your 90-day period may be ended earlier by a direction given under clause 10. It does not limit your right to continue performing work you have contracted to perform, or to retain records you are required by law to keep.

8. Lead Information, Disputes and Refunds

Lead Fees are generally non-refundable once a Lead has been allocated. You may, however, dispute a Lead Fee on any of the grounds below.

8.1 Grounds for a dispute

You may dispute a Lead Fee if:

• the Property User's telephone number was disconnected, unobtainable, or belonged to someone other than the Property User;
• the same enquiry for the same property was allocated to you more than once within 90 days;
• the Lead was for a property outside the service area set in your campaigns, and you had not asked or agreed to receive it;
• the Lead was for a category you do not offer, and you had not asked or agreed to receive it;
• the Property User confirms to us that they did not submit the enquiry.

8.2 What is not a ground for a dispute

The following do not, by themselves, make a Lead eligible for a refund or Credit:

• the Property User did not answer, or did not respond to, your contact attempts;
• the Property User decided not to proceed, or proceeded with another Contractor;
• the Property User was unable to authorise the work, or did not own the property;
• the roofing material, project size or scope was not work you wanted;
• the Lead did not result in a site visit, a quotation or a contract.

8.3 How to raise a dispute

Email hello@5minroofquote.com.au within 5 days of allocation, quoting the Lead reference and the ground you are relying on. We will respond within 5 days of receiving your notice. We may investigate the matter and may contact the Property User.

8.4 Outcome

Where we uphold a dispute raised within that period, the Lead Fee for that Lead is not charged. Where the Lead Fee has already been charged, we will issue an account Credit for the amount, or a refund if you ask for one.

8.5 Fair use

We may decline to consider further disputes from an account where the proportion of Leads disputed is unreasonable. The limit is set out in our Lead Dispute Policy, published on the Platform. A dispute that we uphold does not count towards the limit. We may change the limit from time to time, and any change applies only to disputes raised after the change takes effect.

9. Contractor Obligations

You must:

• respond to Leads promptly and professionally;
• comply with all applicable laws, regulations, codes and licensing requirements;
• provide accurate information about your business and services;
• ensure that quotations and representations made to Property Users are accurate and lawful;
• maintain appropriate insurance;
• treat Property Users professionally and respectfully;
• promptly notify us of any material complaint, regulatory action or circumstance that may affect your ability to provide services.

You must not:

• engage in misleading, deceptive, aggressive or unlawful conduct;
• harass a Property User;
• misuse information obtained through the Platform;
• impersonate another person or business;
• provide false information through the Platform;
• use the Platform in a manner that may damage its reputation or operation.

10. Privacy and Property User Information

Personal information provided to you through the Platform may only be used for the purpose of responding to and following up on the Property User's relevant enquiry. You must:

• comply with applicable privacy, direct marketing and other relevant laws;
• take reasonable steps to protect Property User information;
• not disclose Property User information to unrelated third parties;
• not use Property User information for unrelated marketing without any consent required by law;
• cease using Property User information where required by law;
• cease using and delete Property User information within 14 days of a written direction from us, except where you are required by law to retain it or where you have entered into a contract with that Property User.

We may give a direction of this kind at the request of a Property User or on our own initiative. A direction does not affect your right to retain records you are required by law to keep, or records relating to work you have contracted to perform.

You are independently responsible for your own privacy and data handling obligations.

11. Relationship with Property Users

You acknowledge that any agreement for roofing work is entered into directly between you and the relevant Property User or other authorised person. We are not a party to that agreement and are not responsible for:

• its terms;
• performance by either party;
• payment;
• disputes;
• workmanship;
• property damage;
• any loss arising from the relationship between you and the Property User.

12. Account Suspension and Termination

We may suspend or terminate your access to the Platform where we reasonably believe that:

• you have breached these Terms;
• you have failed to pay amounts owing;
• a required ABN, licence or insurance is not held or maintained;
• you have provided false or misleading information;
• there are serious or repeated complaints about your conduct;
• you have misused Property User information;
• your continued use of the Platform may expose us, Property Users or other users to legal, financial or reputational risk.

We will give you notice before suspending or terminating your account, unless the circumstances require immediate action — for example where a required licence or insurance has lapsed, where there is a risk to a Property User's safety, property or personal information, or where we are required to act by law.

12.1 What happens on suspension or termination

• Lead Fees already incurred remain payable.
• Leads already allocated to you remain allocated and remain chargeable under clause 4.
• Any dispute you have raised that we have not yet resolved will still be resolved under clause 8.
• Unused Credits are forfeited.
• Your obligations under clauses 9, 10, 11 and 16 continue.

13. The Rate Schedule and Changes to Lead Fees

Lead Fees are set out in the Rate Schedule published on the Platform.

We may change the Rate Schedule from time to time. We will give you at least 14 days' notice before an increase takes effect. A reduction may take effect immediately. Any change applies only to Leads allocated after it takes effect, and you will not be charged retrospectively.

Lead Fees may vary according to the characteristics of a Lead, including the type of property, the nature or scale of the project, the estimated value of the work and the location of the property. Where a Lead Fee differs from the rate stated in the Rate Schedule, the applicable Lead Fee will be shown to you before allocation, and you will not be charged more than the amount shown.

14. Platform Availability

We do not guarantee uninterrupted or error-free access to the Platform. We may modify, maintain, suspend or discontinue parts of the Platform from time to time. To the maximum extent permitted by law, we are not liable for loss arising from temporary unavailability of the Platform.

15. Intellectual Property

All intellectual property rights in the Platform, including software, branding, content and systems, remain owned by or licensed to us. You must not copy, reproduce, reverse engineer, interfere with or attempt to gain unauthorised access to the Platform.

16. Indemnity

To the maximum extent permitted by law, you indemnify us against losses, claims, damages, liabilities and reasonable costs arising from:

• your breach of these Terms;
• your breach of applicable law;
• your breach, negligence or unlawful conduct in your dealings with a Property User;
• defective or unlawful work performed by you or your employees, contractors or agents;
• your misuse of personal information obtained through the Platform.

This indemnity does not apply to the extent that a loss is caused or contributed to by our own act, omission, breach or negligence.

17. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit, loss of opportunity, loss of revenue or loss arising from your dealings with Property Users. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

18. Changes to These Terms

We may update these Terms from time to time. We will give you at least 14 days' notice of a material change before it takes effect. Updated Terms apply to your use of the Platform, and to Lead allocations, after they take effect.

If you do not accept a material change, you may stop using the Platform before the change takes effect, without penalty. Lead Fees already incurred remain payable.

19. General

Nothing in these Terms creates a partnership, employment relationship, agency or joint venture between us and you. If any provision of these Terms is unenforceable, the remaining provisions will continue to apply. Our failure to enforce a provision does not constitute a waiver of that provision.

20. Governing Law

These Terms are governed by the laws of South Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia and courts entitled to hear appeals from them.

21. Contact

For enquiries regarding these Terms, contact: 5 Minute Roof Quote — Email: hello@5minroofquote.com.au