These are the Referrer Agreement GST & Notices for the EasyAsset Group Referrer Agreement
GST
- The Broker and the Referrer warrant to each other that they will be registered for GST at all times during the Term. The Broker and the Referrer must notify each other if they cease to be registered for GST at any time during the Term.
- Regardless of any other provision of this Agreement, if a GST is imposed on any Supply made under or in accordance with this Agreement, to:
- The Broker by the Referrer, the amount the Broker; or
- the Referrer by the Broker, the amount which the Referrer; must pay for the Supply increases by the amount of the GST.
- A party’s right to payment under this Agreement for any Taxable Supply is subject to a valid Tax Invoice being delivered to the party liable to pay for the Taxable Supply.
- If the Referrer makes any Supplies to the Broker under this Agreement, the Broker may issue Tax Invoices and Adjustment Notes on behalf of the Referrer in accordance with the A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoices Determination (No. 1) 2000. Where the Broker does so:
- it must provide the Referrer with prior written notice;
- the Referrer must not issue Tax Invoices and Adjustment Notes in relation to the same Supplies.
- Expressions in italics in this clause 6 bear the same meaning as those expressions in the GST Act.
Notices
- A notice or other communication connected with this Agreement (Notice) has no legal effect unless it is in writing. In addition to any other method of service provided by law, the Notice may be:
- sent by e-mail to the e-mail address of the addresses; or
- sent by prepaid post or delivered to the address of the addressee set out in this Agreement or subsequently notified by the addressee to the other parties in writing.
- A Notice must be treated as given and received, if:
- sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;
- sent by e-mail before 5pm on a Business Day at the place of receipt, on the day it is sent or notified and otherwise on the next Business Day at the place of receipt; or
- otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise the next Business Day at the place of delivery.
- Despite clause 7.2(2) an e-mail message is not treated as given or received if the sender’s computer reports that the message has not been delivered, or it is not received in full within 3 hours after the transmission ends.
- A Notice sent or delivered in a manner provided by clause 7.1 must be treated as validly given to and received by the party to which it is addressed even if:
- the addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or
- the Notice is returned unclaimed.
- Any Notice by a party may be given and may be signed by its solicitor.
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