Costs Disclosure, Legal Services and Identity Verification Agency Agreement
This Costs Disclosure and Agreement (together with any version of this Agreement we send to you) sets out the terms of our offer to provide legal services (“Offer”) to you and constitutes our costs agreement and disclosure pursuant to the Legal Profession Uniform Law (NSW) (“the Act”). By clicking “SUBMIT” or confirming in writing, you agree to this Accept this Offer to instruct us.
1. Scope of Services
(a) Max ID Pty Limited (ABN 68 614 505 761) (“MaxID’, “us” or “we” or “our”) provides legal services, which are limited to Identity Verification Services to your organisation (the Principal) who requires another person’s identity (the Person Being Identified or PBI) to be verified for the purposes of relevant law or regulation, unless we agree to provide you with other legal services;
(b) Upon Acceptance you agree to pay for our services in accordance with these Terms.
(c) By accepting this Offer or by continuing to instruct us in accordance with these Terms, the Principal appoints MaxID and authorised representatives as its agent for the sole purpose of carrying out the Identity Verification Services;
(d) The Principal agrees that MaxID may appoint a sub-agent (the Person Conducting the Interview or PCI) as an authorised representative for the purposes of performing the Identity Verification Services pursuant to these Terms;
(e) A PCI may be nominated by the Principal or a third party, in the absence of such nomination the PBI may nominate the PCI. The Principal agrees and acknowledges that MaxID may not be able to provide the Identity Verification Services in relation to a PBI where either of the PBI or PCI does not Accept the terms and conditions provided by MaxID that are relevant to that PBI or PCI for the purpose of carrying out the Identity Verification Services;
(f) Notwithstanding any provision of these Terms or any act or omission suggesting otherwise, all Excluded Instructions are outside the scope of services MaxID agrees to provide to the Principal.
We will charge you in accordance with the Max ID Fee Schedule (inclusive of GST) for each verification of identity we provide, unless we have made arrangements (in writing) with you for a lesser amount or provided you (in writing) an estimate of "standard fixed fee services" that is different to that amount. Our standard fixed fee Services do not include any other Services that we determine are non-standard. Non-standard Services will be charged in accordance with a prior agreement with you. If you have any queries about our costs you should contact our Legal Services Director by email email@example.com.
We will send you Tax Invoices in accordance with these Terms or any other written agreement with you. All amounts invoiced in Tax Invoices (other than a Disputed Amount) are due and payable 14 days from the date of the Tax Invoice. Interest at the maximum rate prescribed in Regulation 75 of the Legal Profession Uniform General Rules 2015 (“the Uniform Rules”) (being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after a Tax Invoice is given to you.
It is our policy that when acting for clients, that we do one or more of the following:
(a) approve credit;
(b) ask the client to pay monies into our trust account;
(c) ask the client for their credit card or direct debit details;
(d) accept payment from a third party made on behalf of the client.
Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.
Where we agree to accept payment from a third party made on behalf of you, you agree to undertake all correspondence with the third party and to issue them a valid tax invoice in relation to the payment of amounts accepted on your behalf unless you agree to reimburse the payment in full to the third party. Nothing in this agreement or our acceptance of payment from a third party shall be construed as creating any contractual obligation between us and the third party. You agree and shall treat any refund or reimbursement of any payments accepted from a third party on your behalf as a debt or potential debt owed between the third party and you.
You authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of the Uniform Rule and the Act.
The Principal may genuinely and in good faith dispute an amount included in a Tax Invoice (Disputed Amount) by written notice to MaxID within 14 days of the date of the Tax Invoice containing details of the amount of a Tax Invoice disputed and the reason(s) for the dispute (a Dispute Notice). The Parties agree to try and resolve the issue in relation to any Disputed Amount as soon as practicable in accordance with clause 5. For the avoidance of doubt any amount included in a Tax Invoice that is not a Disputed Amount notified in writing to Max ID within 14 days of the date of the Tax Invoice in a Dispute Notice is due and payable 14 days from the date of the Tax Invoice.
3. Recovery of Costs
The Act provides that we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Act and the Uniform Rules) has been delivered to you.
4. Your Rights
It is your right to:
(a) negotiate a costs agreement with us;
(b) receive a lump sum bill in respect of legal services provided;
(c) request and receive an itemised bill after receipt of a lump sum bill;
(d) be notified as soon as is reasonably practicable of any substantial change to any matter affecting costs;
(e) request in writing, and be provided with, a written report of the progress of any matter in which you retain us or a written report of the legal costs incurred by you to date. We are entitled to charge you a reasonable amount for the provision of a progress report on your matter but may not charge for the provision of a written report on the legal costs incurred by you. Nothing in these terms and conditions affects your rights under the Australian Consumer Law.
5. Your Rights in relation to a Dispute concerning Costs
If you have a dispute in relation to any aspect of our legal costs you have the following avenues of redress:
(a) in the first instance we encourage you to discuss your concerns with us so that any issue can be identified and we can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship;
(b) you may apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of our costs. This application must be made within 12 months after the bill was provided or request for payment made or after the costs were paid;
(c) you may apply to the Costs Assessor to set aside some or all of these terms on the grounds they are not fair or reasonable; and
(d) you may refer a dispute about a tax invoice to the President of the Law Society or the Legal Services Commissioner for mediation if the amount in dispute is less than $10,000.
6. Retention and Copying of Your Documents
On completion of your work, we will retain your documents for 7 years. Your (express or implied) agreement to these terms constitutes your authority for us to destroy the file 7 years after the date of our tax invoice. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs. On completion of your work or following termination (by either party) of our services you will be liable for the cost of retrieving documents in storage and also any photocopying charges we incur and our professional fees in connection with the provision of your file to you or as directed by you.
For the avoidance of doubt you acknowledge and agree that no Document relating to or arising from any interaction with the Identification Facilities is your document. For so long as such retention will not result in a failure to comply with, or require acts inconsistent with of any legal or regulatory requirement applicable to you or us you may retain the ID Verification Report for as long as necessary to meet your regulatory obligations. Further, you acknowledge that none of Max ID or MaxID’s External Product and Service Providers are managing information and information technology (software, hardware or data) on your behalf. You understand that Max ID and MaxID’s External Product and Service Providers manage information and information technology for their own benefit so that legal services can be delivered to you.
7. Termination by Us
We may cease to act for you or refuse to perform further work, including:
(a) while any amount of a Tax Invoice that is due and payable remains unpaid;
(b) if you indicate to us or we form the view that you have lost confidence in us;
(c) if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest;
(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
(e) if in our sole discretion we terminate. MaxID will use all reasonable endeavours to provide 30 days written notice of the exercise of its sole discretion to terminate pursuant to this clause 7. We will give you reasonable written notice of termination of our services in accordance with the requirements of Rule 13.1.3 of the Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 (where applicable). You will be required to pay our costs incurred up to the date of termination.
8. Termination by You
You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which we remain responsible).
Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours in our possession:
(a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our or our agents possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid;
(b) our lien will continue notwithstanding that we cease to act for you.
(b) The Principal warrants that any request for the provision of Identity Verification Services is done in accordance with applicable laws and that it will comply, at all material times, with applicable laws, including but not limited to the Privacy Act;
(c) MaxID agrees that it will only use Personal Information provided by a PBI or PCI for the purpose of providing Identity Verification Services or any other purpose consented to by the PBI and/or PCI;
(d) MaxID agrees to establish and maintain systems and procedures to reduce the risk of destruction, loss, alteration or unauthorised access to Personal Information held by it in accordance with standards reasonably acceptable for an Australian law practice.
At all times we will seek to maintain the confidentiality of your information. However, we may be permitted or required by law to disclose confidential information. We may also, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter.
12. Sending Material by Email
We send and receive communications by electronic mail. As such mail may not be secure you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by a transfer. You consent to receiving bills sent electronically by transmitting the bill electronically to the Principal or in any other way agreed by MaxID and the Principal and communicated to you in writing.
(a) This Agreement and the appointment of MaxID as the agent of the Principal shall commence on the date upon the Principal’s Acceptance of these Terms.
(b) The appointment of MaxID shall continue until terminated by either MaxID or the Principal in accordance with these Terms.
14. Identity Verification Services
a) The Principal directs MaxID to carry out verification of identity in accordance with the Verification of Identity Standard and provide an ID Verification Report to the Principal as evidence that it has carried out a face to face interview of the PBI in accordance with the Verification of Identity Standard;
b) Where instructed to carry out verification of identity other than in accordance with the Verification of Identity Standard, MaxID will, to the maximum extent possible, verify the identity of the PBI in accordance with the such other instruments or legislative requirements that MaxID has confirmed to the Principal in writing that it is willing and able to do so in relation to a specific verification of identity;
c) MaxID will use all reasonable endeavours to inform the Principal where it is unable to verify the identity of the PBI in accordance with the Verification of Identity Standard and to the extent possible will provide an ID Verification Report as evidence that it has carried out a face to face interview of the PBI in accordance with the Verification of Identity Standard. The ID Verification Report may contain information relevant to whether the verification of identity should be investigated further by the Principal or be limited to the fact that the PBI was unable to be identified. Provision of information relevant to whether the verification of identity should be investigated further may be contingent on arrangements with MaxID’s External Product and Service Providers;
d) The Principal acknowledges and agrees that it may only rely on an ID Verification Report for the specific purpose referred to as the purpose in an ID Verification Report issued by MaxID and subject to agreement and compliance with the limitations on reliance contained in an ID Verification Report. Any other reliance is specifically and strictly prohibited or excluded by these Terms. To the maximum amount permitted by the law, MaxID accepts no responsibility or liability arising from or in connection with any ID Verification Report where the Principal's reliance is prohibited or excluded by these Terms or is inconsistent with the limitations on reliance contained in any ID Verification Report.
e) The Principal acknowledges and agrees that the Identity Verification Services are only to be used in relation to individuals that are Australian citizens or residents within Australia and not in any other jurisdiction.
f) The Principal acknowledges and agrees that the Identity Verification Services are not intended to or able to conclusively prove the Identity of the PBI and does not eliminate the possibility of identity fraud.
g) The Principal acknowledges and agrees that the Identity Verification Services do not discharge all of the Principals obligations under the Verification of Identity Standard. The Principal acknowledges and agrees that it is responsible for reviewing each ID Verification Report and must satisfy itself that, based on the information available to it that the PBI’s identity has been properly verified in accordance with the Verification of Identity Standard prior to relying on it. Where the ID Verification Report indicates that further investigation is required or the Principal is of the view or ought reasonably form the view that further investigation is required, such further investigation is the responsibility of the Principal and the Principal agrees to undertake such further investigation to verify the identity of a PBI where it is not able to reasonably satisfy itself prior to relying on an ID Verification Report.
h) The Principal acknowledges and agrees that the Identity Verification Services expressly excludes any role that Max ID might otherwise have to access the DVS or to provide any Information Match Data or Information Match Result (or derivation of either) as an agent of the Principal. Nothing in this Agreement requires, prohibits or precludes Max ID or MaxID’s External Product and Service Providers from lawfully accessing the DVS or obtaining Information Match Data or Information Match Results (or derivation of either) in relation to a PBI or PCI. The Principal acknowledges and agrees that nothing in this provision constitutes a conflict of interest whether or not MaxID or MaxID’s External Product and Service Providers has to access the DVS or to any Information Match Data or Information Match Result (or derivation of either) and whether or not that Information Match Data or Information Match Result (or derivation of either) is provided to the Principal by MaxID. The Principal acknowledges and agrees that any Information Match Data or Information Match Result (or derivation of either) does not become or form part of the Principal’s file or become a document that was prepared for the benefit of the Principal. The Principal represents and warrants that it is a Reporting Entity.
15. MaxID Web-based tools
(a) MaxID’s Identity Verification Services are delivered using web-based services and software using computing devices associated with the PBI, the PCI and also the Principal;
(b) MaxID may from time to time make web-based tools available to the Principal via a secure gateway in order to enable the Principal to initiate Identity Verification Services in relation to a PBI and to obtain certain reports, including the ID Verification Report. MaxID does not warrant that the Principal will have uninterrupted access to the web-based tools that enable the Principal to initiate Identity Verification Services or to access reports including any ID Verification Report;
(c) The Principal will not, and will ensure that its Authorised Persons do not, use the MaxID web-based tools and/or an ID Verification Report other than in connection with the Identity Verification Services or a Transaction involving the relevant PBI that is a client or prospective client of the Principal;
(d) Where MaxID provides secured access to web-based tools, hosted services, hosted software and/or ID Verification Reports, the Principal is responsible for ensuring that all user names and passwords are kept confidential and secure by the Principal’s Authorised Persons and the Principal will notify MaxID immediately should it have reason to believe or ought reasonably suspect that the user names and/or passwords have been compromised.
16. Verification of Identity Requirements
(a) The Principal must provide MaxID with sufficient information in order to provide the Identity Verification Services in respect of each PBI and the Principal is responsible for ensuring the accuracy and completeness of all information provided to MaxID in connection with the Identity Verification Services.
(b) The Principal is responsible for the provision of the relevant information in order for the PBI to commence the verification process, including:
(i) the correct legal name of each PBI specific to the purpose of the verification of identity;
(ii) the specific purpose of the verification of identity (where it has not been provided by the PBI);
(iii) the correct contact details including the email address and phone number of the PBI.
(c) The Principal is required to provide an instruction to MaxID as to whether or not it wants to nominate the PCI for the purposes of identifying the PBI. In the absence of the Principal providing an instruction to MaxID nominating the PCI, the PBI shall be entitled to nominate the PCI for the purposes of completing a verification of identity and the Principal shall be bound by this election. In each case the Principal instructs MaxID enter into the VOI Agreement with the nominated PCI in order to provide the Identity Verification Services.
(d) For the purposes of verifying the identity of the PBI, the Principal shall provide or procure the PBI to provide such information as is necessary in order to complete the verification of identity, including:
(i) the correct legal name of each PCI;
(ii) the correct contact details including the email address and phone number of the PCI.
(e) Where anything is proposed to be done in respect of a Transaction the Principal agrees and acknowledges that it is solely responsible for determining whether the person identified in an ID Verification Report is a legal person with the relevant Right To Deal and, where relevant, that any required authorisation is provided by the person with the relevant Right To Deal. The Principal agrees and acknowledges that this determination will not be made based on the existence or contents of an ID Verification Report.
(f) Where anything is proposed to be done in respect of a Transaction pursuant to a trust deed or a power of attorney, the Principal shall be responsible for verifying the existence of and any details relating to the trust or the power of attorney, including but not limited to establishing that the Transaction is authorised pursuant to the said trust deed or power of attorney. Nothing in these Terms shall constitute an obligation on MaxID to verify that a Transaction is authorised pursuant to a trust deed or power of attorney and the issuance or content of an ID Verification Report shall not constitute evidence, directly or indirectly, that the PBI has the Right to Deal or is authorised to enter into a Transaction or deal with any propoerty that is the subject of any Transaction;
(g) Where anything is proposed to be done in respect of a Transaction by a body corporate or unincorporated association, the Principal shall be responsible for establishing the existence of the body corporate or unincorporated association and who is authorised to execute documentation on behalf of the body corporate or unincorporated association. Nothing in these Terms shall constitute an obligation on MaxID to verify that a Transaction has been properly entered into by a body corporate or an unincorporated association and the issuance or content of an ID Verification Report shall not constitute evidence, directly or indirectly, that the PBI has the Right To Deal or is authorised to enter into a Transaction or deal with any property that is the subject of any Transaction.
17. Non-exclusive arrangements
Nothing in these Terms shall be deemed to constitute an exclusive arrangement between MaxID and Principal and nothing in these terms shall prevent either MaxID or Principal from entering into arrangements with other parties to provide or acquire the same or similar services in respect of those third parties.
(a) Where MaxID has provided an ID Verification Report, MaxID warrants to the Principal that, subject to any qualifying statements or comments and limitations on reliance, it has carried out the Identity Verification Services in accordance with these Terms;
(b) MaxID warrants that it is an incorporated legal practice and authorised to conduct itself as an incorporated legal practice by the Law Society of New South Wales.
19. Insurance and Liability
(a) Throughout the term, MaxID shall maintain professional indemnity insurance in accordance with the requirements of the Law Society of New South Wales. MaxID will provide a certificate of currency in respect of this insurance policy upon a reasonable request of a Principal;
(b) Liability is limited by a scheme approved under Professional Standards Legislation, except as required by law MaxID’s liability to the Principal for damage or loss arising out of or in connection with the Identitiy Verification Services or any breach of the Warranties is limited to the reimbursement of that loss or damage up to the amount of $1.5 million for each claim made against MaxID.
(c) The Principal agrees to notify MaxID in writing of all claims (whether commenced by the Principal or a third party) arising out of or in relation to the Identity Verification Services or these Terms;
(d) Except as required by law, other than as expressly set out in these Terms MaxID is not liable to the Principal, the PBI or the PCI for any damage or loss suffered as a result of or in connection with these Terms or the provision of the Identity Verification Services.
(e) The Principal expressly agrees that, to the maximum extent permitted by law, MaxID has no liability to the Principal for any indirect, consequential, special or exemplary losses, damages, costs or any other expenses incurred or suffered by the Principal (including without limitation as a result of negligence) and even if such losses, damages, costs or any other expenses were reasonably foreseeable by MaxID;
(f) Any liability of MaxID arising from or in connection with these Terms will be reduced proportionately to the extent that:
(i) the acts or omissions of the Principal or its Authorised Persons contributes to any loss or damage; or
(ii) the Principal does not take all reasonable steps to mitigate any loss or damages;
(g) To the maximum amount permitted by law the Principal agrees and acknowledges that MaxID will not be liable for any loss or damage arising from a breach of the Warranties or failure to perform any duty or obligation arising from or in connection with these Terms for any reason or cause that could not reasonably be controlled or prevented by MaxID;
(h) For the purposes of these Terms any right, benefit, indemnity or limitation accruing to Max ID pursuant to these Terms shall also accrue to the officers, employees and contractors of MaxID.
(i) Notwithstanding any other provision of these Terms, to the maximum extent permitted by law, MaxID excludes all statutory or implied representations, conditions, warranties guarantees and terms relating to the Identity Verification Services or these Terms. For the avoidance of doubt MaxID does not exclude any such representation, condition, warranty, guarantee or term to the extent that it is prohibited by law from excluding.
(j) Notwithstanding any other provision of these Terms, to the maximum extent permitted by the law, MaxID’s total liability for any loss or damage (including without limitation, as a result of negligence) is limited to re-supplying the relevant Identity Verification Service, or, at MaxID’s option, the cost of resupplying the relevant Identity Verification Service where any claim or dispute arises from or in connection with:
(i) The provision of Identity Verification Services or an ID Verification Report in circumstances where the Principal does not comply with the Verification of Identity Requirements or is otherwise in breach of this Agreement; or
(ii) An Excluded Instruction; or
(iii) A failure to comply with any statutory or implied representation, condition, warranty, term or guarantee (including, without limitation, under the Australian Consumer Law).
20. No Conflict and Nature of Relationship
(a) It shall not constitute a conflict of interest for either party to enter into alternative arrangements for the purposes of verifying the identity of another person or the provision of Identity Verification Services to another party. Each party expressly consents to the other party obtaining Identity Verification Services from a third party and/or providing Identity Verification Services to a third party;
(b) It shall not constitute a conflict of interest for MaxID to promote services of third parties to the PBI and/or PCI;
(c) MaxID agrees to provide written notice to the Principal if it intends to promote services of third parties to a PBI that are not part of the Identification Facilities while the PBI is using the Identification Facilities
(d) Nothing in these terms creates any form of joint venture, partnership or contract of employment.
(e) MaxID’s authority to act for the Principal as agent pursuant to clause 1 (c) is limited and is solely for the purposes of providing Identity Verification Services as set out in these Terms.
(f) For the avoidance of doubt the Principal acknowledges and agrees that it cannot rely on an ID Verification Report or its contents as ratification of any act done on behalf of MaxID that was not authorised by MaxID.
21. Goods and Services Tax (GST)
(a) All costs and disbursements disclosed in or payable under or in connection with this Agreement, which are expressed to be inclusive of GST, include the amount of GST payable unless this Agreement does not include GST or GST is not payable on the supply of our services or a disbursement. If an amount does not include GST and the amount is Consideration for a Taxable Supply, the GST payable will be added when the amounts payable for our services and disbursements are calculated and billed in a Tax Invoice.
(b) We will provide you with a Tax Invoice when and as required by the GST Law.
(c) The GST indicated in our Tax Invoice will be payable by you in the same manner and at the same time as the costs and disbursements to which it relates are payable.
(d) References to GST; GST Law; Tax Invoice; Consideration and Taxable Supply have the meanings used in the A New Tax System (Goods and Services Tax) Act 1999 and GST Law includes applicable rulings issued by the Commissioner of Taxation.
22. Referral fees and commissions
We may pay referral fees or commissions to referrers of business to us and/or to MaxID’s External Product and Service Providers.
(a) MaxID may vary or amend these terms at its sole discretion and with immediate effect where it reasonably believes that such a variation or amendment is required to ensure the Identity Verification Services are consistent with the Verification of Identity Standard or other applicable law or requirement and must notify the Principal in writing of the changes.
(b) MaxID may otherwise vary or amend these terms by providing at least 30 days written notice to the Principal.You will be regarded as having agreed to those varied terms and conditions if you continue to provide instructions to MaxID after the expiration of the 30 day notice period.
(c) These Terms are governed by and shall be construed in accordance with the laws of NSW and the courts of NSW shall have exclusive jurisdiction in the event of any dispute arising out of or in connection with these Terms;
(d) To the maximum extent permitted by law these Terms contain all of the terms of Agreement, and the entire scope and content of any duty, responsibility, right, obligation or liability between the Principal and MaxID. To the maximum extent permitted by law these Terms supersede and, to the extent of any inconsistency, replace or amend any previous representations, warranties or arrangements other than any arrangements relating to confidential information and intellectual property.
(e) If all or part of any provision of the Terms is held to be void, unenforceable or illegal the part or provision shall either be read down or severed, with the remainder of the Terms being of full force and effect.
(g) Each person who executes this Agreement or requests Identity Verification Services does so solely in its own legal capacity and not as agent or trustee for or a partner of any other person. Other than as expressed in 19 (h), only those persons who execute this Agreement have a right or benefit under or arising from it. Nothing in this Agreement or any agreement, arrangement, understanding, liability or obligation under, arising from or in connection with this Agreement is intended to confer any benefit on a third party, including, without limitation, where the interests of the Principal are or might be co-incident or aligned with the interests of a third party or, where applicable, any benefit within the meaning of the United Kingdom Contracts (Rights of Third Parties) Act 1999.
(h) No waiver of any breach of the terms of this Agreement is effective unless that waiver is in writing and signed by the waiving party. No waiver of any breach is a waiver of any other or subsequent or continuing breach. Failure to exercise or delay in exercising a right or remedy under this Agreement does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
(i) The Principal may not transfer, assign or novate any of its rights under this Agreement without the prior written consent of MaxID.
(j) Reference to any information, instruction, conduct, act or omission made or provided to MaxID by the Principal includes any information, instruction, conduct, act or omission made or provided to MaxID on behalf of the Principal.
(k) The provisions of clause 19(b)-(j) survive the termination or expiry of this Agreement and will be enforceable by and against each party as if this Agreement was still in effect.
24. Incorporation of other Cost Agreement terms when using other MaxID services
Where MaxID provides services relating to MaxID’s verification of the identity of a Person Being Identified that, in the opinion of MaxID, relate to the satisfaction of the requirements of paragraph 4.2.13(2)(a) and (b) of the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 20017 (No.1) you are deemed to agree to the provision of those services in accordance with the Costs Agreement which may be found at https://maxid.com.au/ev-terms/. The terms of that Costs Agreement are incorporated into this Agreement as if set out in full. To the extent that there is any inconsistency between that Cost Agreement and this Agreement when MaxID provides services relating to MaxID’s verification of the identity of a Person Being Identified that, in the opinion of MaxID, relate to the satisfaction of the requirements of paragraph 4.2.13(2)(a) and (b) of the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 20017 (No.1) the terms of that Costs Agreement prevail over the terms of this Agreement.
Accept & Acceptance
means acceptance by agreement in writing and may be in the form of an electronic acknowledgment of that acceptance
means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
means Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1)
, AML/CTF Act, the AML/CTF Instrument and any instrument or circular giving effect to objects of the AML/CTF Act or the AML/CTF Instrument, as amended, supplemented or superseded from time to time.
Australian Consumer Law
means Competition and Consumer Act 2010 (Cth) – Schedule 2
means Austroads Ltd ACN 136 812390
means any person authorised by the Principal, purporting to be authorised by the Principal or reasonably believed by MaxID to be authorised by the Principal.
means a transaction that involves one or more parties and the purpose of which is:
(a) to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land, or
(b) to get something registered, noted or recorded in the titles register, or
(c) to get the registration, note or record of something in the titles register changed, withdrawn or removed.
has the meaning given to it in the National Consumer Credit Protection Act 2009.
has the meaning given to it in the National Consumer Credit Protection Act 2009.
means a circumstance where there is a foreseeable and not insignificant risk of harm to any person other than the Principal.
means any record of information however recorded, and includes:
(a) anything on which there is writing, or
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
(d) a map, plan, drawing or photograph, or
(e) any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means;
means the system (including all associated services, infrastructure, applications, facilities, functionality, data, information and material whether belonging to or operated by the DVS Manager or a third party) established by the DVS Manager to provide Information Match Results (but does not include a Gateway Service)
means Commonwealth of Australia acting and represented by the Attorney-General’s Department and in some cases also includes an Official Record Holder (and in the case of drivers licence information) Austroads.
means an instruction:
(a) in connection with a Conveyancing Transaction where the Principal is or proposes to become a mortgagee and the Principal has not used best endeavours to ensure that each mortgagor described in the mortgage is a legal person with authority and Right To Deal as a mortgagor in relation to the relevant property. Without limitation, and where applicable, a failure of a mortgagee to comply with any of the responsible lending conduct obligations in Chapter 3 of the National Consumer Credit Protection Act 2009 in relation to a mortgagor or a failure to follow RG 209 in relation to a mortgagor is an example of a circumstance where the Principal has not used best endeavours;
(b) in connection with a Conveyancing Transaction where the Principal fails to obtain, maintain written records of and comply with any authorisation necessarily or prudently acquired from the legal person with the relevant Right To Deal. For the avoidance of doubt the circumstances where an authorisation is necessarily or prudently acquired includes, without limitation, circumstances where any applicable Listed Instrument and Circular or competent professional practice widely accepted in Australia by peer professional opinion requires it;
(c) in connection with a Credit Contract or a Consumer Lease where, in MaxID’s reasonable opinion, the Principal failed to comply with any of the responsible lending conduct obligations in Chapter 3 of the National Consumer Credit Protection Act 2009 with respect to a person identified in an ID Verification Report;
(d) where a Disallowed Duty arises from or in connection with an instruction to provide Identity Verification Services or the contents of an ID Verification Report and the Principal does not take or has not taken all precautions against risk of harm to persons other than the Principal that a reasonable person would have taken in the circumstances.
means the electronic systems made available by Max ID or by MaxID’s External Product and Service Providers that are used by the Principal, PBI and PCI in connection with an engagement of Max ID to provide Identity Verification Services in relation to the PBI under this agreement.
Identity Verification Services
means the face to face verification of the identity of a PBI for the purposes of a Verification of Identity Standard
ID Verification Report
means a report that contains a certification that the identity of the PBI has been verified in accordance with a relevant Verification of Identity Standard which may or may not include information relevant to whether the verification of identity should be investigated further and the specific purpose of the verification of identity. Subject to the terms of this Agreement the certification or the description of purpose of report shall be in substantially in the form of the example certification that is annexed to this Agreement (if one is annexed).
Information Match Request
means an electronic request to the DVS by MaxID or MaxID’s External Service Providers (required to be submitted in a structured format advised by the DVS Manager) to be provided with an Information Match Result in relation to details of relevant information in a Supported Document.
Information Match Results
means in respect of an Information Match Request, an electronic response indicating that the information provided in the request matches or does not match the official record data, or that a system error has been encountered in trying to process that request.
Law Society of New South Wales
means the Law Society of New South Wales (ABN 98 696 304 966)
Listed Instrument or Circular
means in relation to the state or territory relevant to a Conveyancing Transaction the Provisions listed below or as amended from time to time and appearing at https://maxid.com.au/updated-listed-instruments/ :
Verification of Identity Standard set out in Schedule 8 of the ARNECC Model Participation Rules (Version 4) (the “MPR) and various specifications set out in Schedule 6 and clause 6.5 of the MPR ARNECC’s Model Participation Rules Version 3 Guidance Note #2 Verification of Identity updated May 2017
In relation to New South Wales:
NSW Land and Property Information Conveyancing rules Section 12 E Real Property Act 1900 Version 3 effective 22 July 2017
NSW Land and Property Information Circular No 2015/09. Changes to Verification of Identity (VOI) requirements for Mortgagees published November 2015
Verification of Identity Standard set out in Electronic Conveyancing National Law (NSW) Section 23 – NSW Participation Rules for Electronic Conveyancing determined by the Registrar General, Version 4, Schedule 8
In relation to Victoria
Section 87A of the Transfer of Land Act 1958
Verification of Identity Standard set out in Electronic Conveyancing National Law (Victoria) Participation Rules Determined by the Registrar of Titles Version 4, Schedule 8
Verification of Identity Standard set out Schedule 1 of Registrar’s requirements for paper conveyancing transactions, Section 106A of Transfer of Land Act 1958 (Version 3 – Published 27 April 2017)
In relation to Queensland
Section 11A(2) of the Land Title Act 1994
Verification of Identity Standard in Part 60-2000 of the Land Title Practice Manual (Queensland)
Verification of Identity Standard in Participation Rules (Queensland) Version 3, 9 November 2015, Schedule 8
In relation to Western Australia
Clauses 14.3.1, 14.3.2 and 220.127.116.11 of the Western Australian Registrar and Commissioner of Titles Joint Practice: Verification of Identity, contained in Lands Titles Registration Practice Manual – Version 14.0 (19 May 2016).
Verification of Identity Standard in Electronic Conveyancing Act 2014 WA Participation Rules Version 4 – Commencement Date 22 July 2017, Schedule 8
In relation to South Australia
Section 273A(1) of the Real Property Act 1886
Verification of Identity Standard in clauses 4.2(a), 6.1, 6.2,6.3 and 7 of the Registrar-General’s Verification of Identity Requirements, Lands Titles Office, 27 May 2017.
Verification of Identity Standard in South Australia Participation Rules for Electronic Conveyancing Version 4 Published 27 May 2016, Schedule 8
Max ID Fee Schedule
means the schedule of fees notified to the Principal or agreed by a Principal or otherwise updated from time to time by MaxID
Max ID’s External Product and Service Providers
means any person or entity engaged either directly by Max ID to provide services or products to Max ID or indirectly as a result of being engaged by any person or entity who is directly or indirectly engaged to provide services or products by those persons or entities engaged directly by MaxID to provide services or products.
Official Record Holder
means, in respect of each Supported Document, the entity against whose official record data the information submitted in an Information Match Request is matched (or attempted to be matched) via the DVS
has the same meaning as Person Being Identified
has the same meaning as Person Conducting Interview
has the same meaning as in the Privacy Act
Person Being Identified
means a person who is required to be identified pursuant to the Verification of Identity Standard in respect of a Transaction.
Person Conducting Interview
means a natural person appointed by MaxID pursuant to the VOI Agreement as an authorised representative to perform some of the Identity Verification Services on behalf of MaxID.
means the Privacy Act 1988 (Cth)
means an entity or person that meets the definition of that term in the AML CTF Act or an entity or person that may be required to verify or contribute to the verification of identity of persons for the purposes of the Financial Transactions Reports Act 1988 (Cth).
means ASIC Regulatory Guide 209 Credit licensing: Responsible lending conduct as amended from time to time.
Right To Deal
means the entitlement of a legal person to be a particular party to a Conveyancing Transaction.
means any type of document (for example an Australian Passport or Australian Citizenship Certificate) that is supported by the DVS.
has the meaning set out in clause 2.
means this Costs Disclosure, Legal Services and Identity Verification Agency Agreement
means a transaction involving an interest in real property or the acquisition of products or services from a person required to identify the acquirer of products or services pursuant to a Verification of Identity Standard.
Verification of Identity Standard
means in relation to Conveyancing Transactions the verification of identity standard prescribed in a Listed Instrument or Circular setting out verification of identity requirements for Conveyancing Transactions in a jurisdiction relevant to the Conveyancing Transaction and/or the verification of identity procedure prescribed by Rule 4.2.11 of the AML/CTF Rules (as amended or replaced from time to time).
means an agreement whereby MaxID appoints a person to act as its agent for the purposes of performing some of the Identity Verification Services.
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