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Provisions relating to Manual Services and PEXA PlatformGlobalX

Definitions

Manual Services means the bureau manual searching services, property settlement services, manual filing of documents and other physical services delivered by GlobalX to the Client.

PEXA Platform means the electronic lodgement network developed by PEXA Ltd and marketed under the trade mark PEXA.

Manual Service Provider means GlobalX Information Pty Ltd or related bodies corporate (GlobalX).

Provisions relating to manual services

1 Access to GlobalX's Manual Services
1.1 The Authorised User may request the provision of Manual Services at any time by submitting a request via CITEC Confirm. GlobalX will notify the Authorised User within a reasonable period of time as to whether the request for Manual Services is not accepted; else GlobalX will act in accordance with the Client’s instructions.
2 Authorised User consents & acknowledgements
2.1 The Authorised User warrants that it has the sole responsibility for the content that it submits to GlobalX via CITEC Confirm, as well as the accuracy or completeness of such content. Any variation to content must be submitted to GlobalX in writing.
2.2 GlobalX will be entitled to be reimbursed for any out of pocket expenses (including GST) incurred by it in connection with the provision of the Manual Services (such as filing fees, court fees, requisition fees, search fees and other expenses). These expenses will be invoiced to the Client by CITEC Confirm at the time of invoicing the Charges.
2.3 Subject to express directions, the Client acknowledges that GlobalX is solely responsible for controlling the manner in which it provides the Manual Services.
2.4 The Client acknowledges that GlobalX will attend a property settlement at the time and location specified by the Client in the settlement booking. GlobalX will notify the Client’s office if they anticipate arriving at the settlement location more than ten minutes after the specified settlement time. GlobalX will not settle a matter prior to the specified settlement time without the express written or verbal consent of the Client.
2.5 The Client acknowledges that GlobalX will notify the Client within 30 minutes of the specified settlement time as to the progress of settlement – either confirmation that settlement has been completed or advice as to the status of the settlement.
2.6 The Client acknowledges that if GlobalX is requested to conduct a final title search on behalf of the Client, the following protocol will be followed. (a) If conducting a final title search for a lot in a Strata Plan, GlobalX will not conduct a final title search on the Common Property unless specifically requested. (b) For morning settlements (prior to 1pm) GlobalX will conduct the final title search by 10.30am on the day of settlement. (c) For afternoon settlements (after 1pm) GlobalX will conduct the final title search by 1.00pm on the day of settlement.
2.7 The Client acknowledges that all final searches conducted by the Client will need to be provided to GlobalX by 10.30am for morning settlements (prior to 1pm) and 1.00pm for afternoon settlements (after 1.00pm). If the final title search is not received by this time the Client consents to GlobalX conducting the final title search on their behalf and will be invoiced to the Client at the time of invoicing the Charges.
2.8 The Client acknowledges that any secondary actions after settlement will be completed by close of business on the day of settlement unless expressly instructed otherwise.
2.9 GlobalX will only release cheques to parties following settlement if expressly instructed. The Client acknowledges that GlobalX will require photographic identification of the party collecting the cheque.
2.10 GlobalX will only provide written undertakings on behalf of the Client if express authority is given to do so.
2.11 GlobalX will return all settlement documents and cheques by the normal method for each client (DX, Post or Secure Collection™). All settlement documents returned via the post will be sent Express Post unless expressly requested otherwise, with the appropriate fee charged to your account.

Provisions relating to PEXA Platform

1 Access to PEXA Platform
1.1 The Authorised User warrants it has executed a Participation Agreement, being the agreement entered into between PEXA Ltd and the Authorised User under which the Authorised User is authorised to use the PEXA Platform to perform conveyancing transactions.
1.2 For the avoidance of doubt, this Agreement does not supersede the Participation Agreement made between the Authorised User and PEXA Ltd and the terms set out in the Participation Agreement are in addition to the terms set out herein in respect of the User's access to and use of the PEXA Platform.
2 Changes to PEXA Platform
2.1 The Authorised User acknowledges:
  2.1.1 that the scope and content of the PEXA Platform may change from time to time;
  2.1.2 that GlobalX may be required to modify its systems, security and access to accommodate such changes made to the PEXA Platform; and
  2.1.3 that GlobalX shall not be responsible for or accept any liability for any cost, loss or damage resultant from such modifications to its systems and/or the PEXA Platform (including with respect to any period of unavailability of access due to the modifications).
3 Availability
3.1 In the event that GlobalX's systems are unavailable for the Authorised User to access the PEXA Platform, the Authorised User acknowledges that it may still complete conveyancing transactions by accessing the PEXA Platform through the internet at www.pexa.com.au (or at such other domain name as notified by PEXA Ltd from time to time).
3.2 GlobalX will endeavour to provide notice of Authorised Users via CITEC Confirm of any proposed changes to be made by PEXA Ltd to the PEXA Platform.
4 Refusal of access
4.1 The Authorised User acknowledges that GlobalX may refuse access by the User to PEXA Platform if PEXA Ltd has made a reasonable determination that the User is in breach of the provisions governing access to and use of PEXA Platform and has advised GlobalX accordingly.