Sales Agent Agreement

BACKGROUND

1. Value Hosting Australia (hereby referred to as VHA) provide internet related services including Domain Name Registration and Management, Email Management and Web Hosting. VHA provides these services to the end user (Customer), either directly or through an Approved Reseller or Sales Agent.

2. Sales Agent is to provide a separate and independent service to VHA, with only correlating relationship being in the context of referring customers to VHA in the effort to develop Sales Agent business interests and ongoing commission yields. The Sales Agent is not an employee, representative or contractor of VHA and has no other relationship to VHA other than that set out in this agreement.

TERMS OF AGREEMENT

1.       Accurate Information

VHA will provide the Sales Agent with accurate pricing and marketing information through the VHA website, www.valuehosting.com.au, and through email and written quotation. As the prices for options and international currency conversions may vary from time to time, it is the responsibility of the Sales Agent to ensure that pricing is correct before quoting the Customer.

a)      The Sales Agent will represent the services and prices of VHA accurately.

b)      The Sales Agent will not represent himself as being an employee of VHA.

c)      The Sales Agent will not provide any guarantees or warrantees on behalf of VHA over and above those stated in the VHA Terms and Conditions.

2.        Provision of Services

When a Sales Agent submits an order either through the VHA web site or by other means, the Sales Agent accepts the VHA Terms and Conditions on behalf of the Customer. Sales Agents must inform VHA of this transaction, or commissions will not be guaranteed. Sales Agents may add their own Terms and Conditions under which the Sales Agent provides services and/or products, but may not alter or amend the VHA Terms and Conditions.

3.        Commissions

a)       Commission will be paid to all Sales Agents for web hosting services sold by the Sales Agent at the rate of 15% of the charges for the selected hosting plan for life of the Customer. Recurring commissions are granted upon hosting account renewal.

b)       Reseller Hosting Accounts, Domain Name Registration, added extras and any excess data charges are exempt from commission.  

c)       Commission is paid upon request from Sales Agent. Minimum payment frequency must not exceed 1 month, and cannot be paid following first referral. If Sales Agent has an ABN, a Tax Invoice must be lodged for commission payable. All commissions are fully inclusive of GST.

d)       Commission is paid via cheque in Australian Dollars.

e)       Commission is gained on paid accounts only.  

f)        Commission is only payable for accounts that Sales Agent refers external to existing / own personal or business web hosting accounts held with VHA. Commission cannot be gained for referring yourself or your own business. Customers referred must be a separate entity to Sales Agent.

4.         Ownership

a)       VHA retains full ownership of end user Customer in the context of Web Hosting. Upon termination of this Sales Agent agreement, the end user Customer remains the property of VHA.

b)       Sales Agent account and earned commission is not transferable or sellable to any other party unless agreed to by VHA.

c)       Sales Agents cannot assign a customer to themselves to receive commission after the customer has already signed up without stating who referred them. We allow a 7 day period to post-assign only.

5.         Suspension

VHA has the right to, and may suspend Sales Agent status if:

a)       The Sales Agent breaches any of his or her obligations under the agreement;

b)       The Sales Agent holds more than 1 Sales Agent account. Only 1 Sales Agent account per individual or business is allowed.

6.         Termination

Either party may terminate this agreement by giving the other party 14 days written notice of their intention to terminate.

VHA has the right to, and may terminate Sales Agent status if:

a)        The Sales Agent breaches any of his or her obligations under this agreement.

b)        The Sales Agent does not sell a VHA service for 12 months and does not contact VHA annually to confirm the Sales Agents details.  

c)        The Sales Agent takes part in or encourages fraudulent activity in any context.

7.          Governing Laws

This Agreement takes effect, is governed by and shall be construed in accordance with the laws of Victoria and the Commonwealth of Australia.

8.          Entire Agreement

This Agreement constitutes the entire agreement between the parties and any previous agreements, understandings or negotiations shall be superceded and replaced by this agreement.

9.          Modifications to Agreement

VHA has the right to modify this agreement in any way without prior consent from Sales Agents. All reasonable efforts will be made to notify Sales Agents of any changes.

By clicking "I Agree", you agree to honour the terms set out in this agreement.

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