Terms of Service

Terms of service IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING Nexgen Property Group SYSTEM INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND SERVICES ASSOCIATED WITH Nexgen Property Group. BY ACCESSING OR USING THE SERVICE(S), YOU ACKNOWLEDGE THAT:

YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. This Agreement (“Agreement”) is a legal contract between Nexgen Property Group, and the Client

WHEREAS, Nexgen Property Group is engaged in this business of a buyer's agency services; and WHEREAS, YOU desire to engage Nexgen Property Group to provide professional support to YOU in the form of sales and data research, auction bidding, negotiations of real estate, due diligence and client support throughout the real estate purchase; NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Services and Services Fees

1.1. Services: Under the terms of this Agreement, Nexgen Property Group agrees to provide a buyers agents service to YOU in the form of professional support to sales and data research, auction bidding, negotiations of real estate, due diligence and client support throughout the real estate purchase (“Service(s)”) in exchange for a Service Fee. Progression between Services will occur automatically, and Service Fees will be determined according to paragraph

1.2. below. Your access to such Services is made conditional on payment of such Service Fee.

The service is a buyers agents service which includes:

– professional support to YOU in the form of sales and data research, auction bidding, negotiations of a real estate purchase, due diligence and client support throughout the real estate purchase

1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Retainer Fee.

1.1.3. Termination: Nexgen Property Group may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.

1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay the full retainer fee upfront before access to the services or you have agreed to a payment plan of which you will continue to pay until full service fee is paid off within 2 months of accepting these terms.

1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of a buyer's agent in the service(s) offered by Nexgen Property Group, YOU affirmatively agree and acknowledge that Nexgen Property Group may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such service(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such service(s).

1.4 Weekly Support Calls: If done in a group or single format the weekly support calls shall be recorded and shared to existing and future Nexgen Property Group employees. All private material shall be kept confidential should the material ever be published outside of the Nexgen Property Group. By accepting the terms of this Agreement and requesting assistance for your own campaigns, you acknowledge that your own account will be recorded and shared as replay and training material.

2: WARRANTIES

2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Nexgen Property Group provides Service(s) related to buyer's agents support only and guarantees no specific results. YOU take full responsibility for YOUR own success.

2.2. Limited Liability: In no event will Nexgen Property Group be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) service liability or otherwise, even if Nexgen Property Group has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

2.3 Refund Policy: No refunds will be issued policy.

3: Confidentiality

3.1 Confidentiality: Only authorized users, who have duly attained access to any Services offered by Nexgen Property Group by personally agreeing to the terms of this Agreement are permitted use and participate with such Services. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Service(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the service are the sole Intellectual Property of Nexgen Property Group under Australian copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Nexgen Property Group, Nexgen Property Group and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Nexgen Property Group whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Nexgen Property Group uses in connection with services rendered by Nexgen Property Group are marks owned by Nexgen Property Group. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

SECTION 4: Miscellaneous

4.1. Non-transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.

4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold Nexgen Property Group, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Nexgen Property Group concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Nexgen Property Group relating to the Program, whether oral or written.

4.4. Amendment: Nexgen Property Group reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at Nexgen Property Group

4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Australia. The venue for any dispute shall be in Brisbane, Queensland.

BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT REFUND POLICY, AND CONFIDENTIALITY.

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