Terms of service

These terms apply to the OnTerms service provided by Sofol Digital Pty Ltd as trustee for the Gaskill Family Trust, trading as On Terms (ABN 33 972 813 770). They are a working draft; the full client agreement is provided before any registration is lodged.

The service

OnTerms lodges, amends, renews, transfers, discharges and searches registrations on the Personal Property Securities Register on your instructions, from documents and information you supply, and reports the results. OnTerms does not provide legal advice, and nothing it provides is advice about your legal rights.

Authority

You appoint OnTerms as your agent to create and manage secured party groups in your name, to use OnTerms' address as the address for service, and to lodge the transactions you confirm. You may revoke that authority by notice; OnTerms will transfer the secured party group to you within 10 business days.

Your warranties

You warrant that the terms you upload are the terms each customer accepted, that acceptance and possession dates are accurate, that customer identities are correct, that you believe on reasonable grounds that you are or will be a secured party in relation to the collateral, and that you will tell OnTerms within two business days if any of that changes.

Confirmation

No transaction is lodged until you have confirmed the lodgement summary. Your confirmation is the instruction.

Address for service

OnTerms will forward anything received at the address for service to you within one business day with the response deadline. You must instruct OnTerms at least two business days before that deadline; absent instruction, OnTerms takes no action.

Fees

Service fees are as published. Government fees are passed through at cost as GST-free disbursements. Plans are billed monthly in arrears and can be cancelled on 30 days' notice.

Liability

To the extent permitted by law, OnTerms' liability for any claim is limited to re-supplying the service or, at OnTerms' option, the fees you paid in the 12 months before the claim. OnTerms is not liable for loss arising from inaccurate information or documents you supplied, from your failure to meet the timing rules shown in the service, or for indirect or consequential loss. Nothing in these terms excludes liability that cannot be excluded by law, including under the Australian Consumer Law.

Data

Documents and register data are stored in Australia, used only to provide the service, and deleted seven years after your last transaction unless you ask for earlier deletion of documents.

Governing law

Victoria, Australia.