Terms & Conditions

SHIFT CONVEYANCING Terms and Conditions:

Upon the issue of any written Tax Invoice by Shift Conveyancing:-

1. Unless otherwise stated in the Invoice, it will be payable on the sooner of:-

• Seven (7) Days after the date of invoice, or
• Settlement date of your file

2. In the event that our invoice is not paid in full to us in accordance with the above terms, the following shall apply:-

3. Shift Conveyancing (“We”/”Our”/”Us”) shall without prejudice to any other remedies available to us, be entitled to withdraw any time “written off” or any other discount applied, and charge interest on the amount outstanding calculated from the date payment is due until the date full payment is made on the amount outstanding from time to time at the rate of Twelve (12%) Percent per annum (on a simple interest daily rate);

4. In the event that a client fails to pay the whole amount due in accordance with the above trading terms, then We shall be at liberty to instruct a collection agency and/or solicitors to recover the monies outstanding under our invoice and the client shall also be liable for any costs charges commissions and expenses incurred and properly payable by us to such collection agency and/or solicitors relating to the recovery of our invoiced sum;

5. Where our Client is a Company, payment of the Tax Invoice/s issued by us is agreed to be personally Guaranteed by all Director/s of the said company (without the need to sign any further guarantee);

6. Any monies recoverable by us from the client pursuant to the trading terms above shall be added to the amount shown on the invoice and shall be recoverable as a liquidated debt;

7. Any amounts owing to us under invoice and/or under these trading terms shall be a secured debt constituting a charge against the land for the Property for which the work was performed, or part-performed, by us, or any other property in which you are the registered proprietor;

8. Where we are holding or controlling money for you in our Trust Account including for a related file, but an Invoice from us remains unpaid, you Authorise us to pay our Invoice forthwith when due from those Trust monies (together with any interest, or other costs set out above, if due); and

9. The signing of any sales documents enclosed herewith and/or forwarding of any further instructions to us in your file shall constitute confirmation and further acknowledgment of receipt of these trading terms and agreement and acceptance of them in full, including personally guaranteeing by Company Directors of a Company Client.

Further:

10. Our Privacy Policy can be found at https://www.shiftconveyancing.com.au/privacy-policy/

11. You authorise us to destroy any files opened for you seven (7) years after they are closed.

Costs Disputes

If there is a dispute as to fees and costs, the following avenues are open to you:

• Please address any queries first with us – we can almost certainly explain and resolve any dispute

If not satisfied with the outcome you can:

• Make a complaint to Consumer Affairs under Part 8 of the Fair Trading Act, 1999, and/or
• Make an Application to VCAT under Part 9 of the Fair Trading Act, 1999