IMPORTANT: These Terms form a binding agreement. By paying the Engagement Fee you confirm you have read and accepted them. Property NXT recommends you seek independent legal advice before signing. This document is a working draft and should be reviewed by a qualified legal practitioner before client use.
1. Definitions
In these Terms: "Property NXT", "we", "us" means Property NXT Pte Ltd and its principals. "Client", "you" means the person or entity paying the Engagement Fee. "SPARK" means the engagement product described herein. "Engagement Fee" means AUD $2,750, charged in the Client’s local currency (SGD or HKD) at the prevailing exchange rate on the date of payment. "Onboarding Session" means the initial strategic session forming part of SPARK. "SPARK Engagement Period" means 90 calendar days from the date of the Onboarding Session. "Refund Eligibility Period" means 30 calendar days from the date of the Onboarding Session. "Network Partners" means independent third-party mortgage brokers, tax accountants and financial advisors introduced by Property NXT." Finance Ineligibility" has the meaning in Clause 6.
2. The SPARK Product
Property NXT Pte Ltd is a licensed estate agency in Singapore (CEA Licence No. L3011041B). SPARK is a strategic advisory engagement helping overseas buyers understand Australian property markets and structure their investment approach. If a Client purchases a property introduced by Property NXT, Property NXT may act as the introducing estate agency and may receive acommission from the developer or vendor. The SPARK Engagement Fee is a professional advisory fee for strategic guidance, research, and partner introductions and is not a commission related to any property transaction. Participation in SPARK does not obligate the Client to purchase any property. Subject to payment of the Engagement Fee, SPARK includes:
- A strategic onboarding session covering goals, timelineand financial position;
- Introduction to Network Partner mortgage brokers for apre-approval and borrowing capacity assessment;
- Introduction to Network Partner tax accountants and financialadvisors who specialise in overseas buyer structures;
- Curated market research, suburb analysis and locationstrategy aligned to the Client's brief;
- Access to a cash flow modelling calculator; and
- A high-level asset and location strategy discussionmatched to the Client's capacity and objectives.
SPARK is an advisory service only. Property NXT does not guarantee any investment outcome, lending approval or property acquisition. All information is provided in good faith based on Client-supplied details and prevailing market conditions. The Client is responsible for their own investment decisions.
Indicative timeframe: SPARK is designed to be delivered within approximately seven (7) calendar days from the Onboarding Session, on the basis that the Client provides all documentation requested by the Network Partner mortgage broker by the second (2nd) day. Borrowing capacity assessment by the Network Partner typically requires around three (3) business days from receipt of a complete file. This timeframe is indicative only and is not a guaranteed delivery date. Any delay by the Client in providing complete and accurate documentation, or any delay attributable to a Network Partner, will extend the timeframe accordingly. Property NXT is not liable for delays arising from incomplete Client information or from third-party Network Partners.
3. Engagement Fee, Payment and Engagement Period
The Engagement Fee of AUD $2,750 is payable in full prior to commencement. The Engagement Fee is denominated in Australian Dollars (AUD) and charged in the Client’s local currency (SGD or HKD) at the prevailing exchange rate on the date of payment. Any refund under Clause 6 will be made in the same local currency amount actually paid by the Client, and Property NXT is not responsible for exchange rate movements between payment and refund. Payment must be made by the method specified by Property NXT, who will issue written confirmation of receipt. The Engagement Fee is non-refundable except as set out in Clause 6. Network Partner fees are separate, independent and the Client's sole responsibility. All applicable taxes are the Client's responsibility.
We collect your personal information directly from you. We may also collect information about you from other sources, for example:
SPARK Engagement Period: The SPARK engagement remains valid for 90 calendar days from the date of the Onboarding Session (the SPARK Engagement Period). During this period, the Client will have access to the advisory services, strategy discussions, and partner introductions described in the engagement scope.
Completion of SPARK: The SPARK engagement is considered fulfilled once the Client has completed the Onboarding Session and has been provided with the advisory guidance, market insights, and partner introductions described herein.
Post-Engagement Relationship: Upon expiry of the SPARK Engagement Period, the advisory engagement is considered fulfilled.Property NXT may continue to share market insights or opportunities with theClient. Such communication does not constitute an ongoing advisory obligationunless a new engagement is agreed in writing.
4. Client Obligations
The Client agrees to provide accurate and complete information regarding their financial position, residency status and investment goals, and to engage in good faith with the Onboarding Session and Network Partner introductions within agreed timeframes. Property NXT may terminate the engagement without refund if the Client provides false or materially misleading information.
5. Network Partners
Network Partners are independent professionals, notemployees or agents of Property NXT. Introductions are made as a courtesy anddo not constitute an endorsement or warranty. Property NXT accepts no responsibility for the advice, conduct, errors or omissions of any Network Partner. Any engagement between the Client and a Network Partner is a separate contractual relationship. Property NXT will disclose, on request, whether itreceives any referral fee or commission from a Network Partner.
6. The Spark Money-Back Guarantee
Eligibility
The Client may claim a full refund of the Engagement Fee ifall of the following are satisfied:
- The Client has completed the Onboarding Session;
- The Client has engaged in good faith with at least onemortgage broker Network Partner introduced by Property NXT (see Cash BuyerProvision below for exceptions);
- That mortgage broker has provided written confirmationof Finance Ineligibility (as defined below); and
- A written refund request is submitted to info@propertynxtaustralia.com within the Refund Eligibility Period (30 calendar days from the Onboarding Session date), accompanied by the Finance Ineligibility letter and proof of the Onboarding Session date.
Cash Buyer Provision
Where the Client does not require financing assessment (for example, cash buyers or clients with existing financing arrangements), broker engagement requirement under this Clause will not apply. In such cases, the Client must notify Property NXT in writing of their cash buyer or pre-financed status at or before the Onboarding Session. The guarantee eligibility criteria will otherwise apply in full.
Finance Ineligibility
Finance Ineligibility means a formal written determinationby the mortgage broker Network Partner that the Client cannot obtain financefor any Australian residential property investment due to: insufficient deposit or equity; overleveraging; failure to meet lender serviceability requirements;or other objective lending criteria not addressable within the RefundEligibility Period. It does not include circumstances where the Client electsnot to proceed, changes their objectives, or qualifies for a lower loan amountthan desired.
Refund Process and Exclusions
Approved refunds will be processed to the original paymentmethod within 14 business days of approval. A refund will not be granted where: the Client fails to engage with the mortgage broker introduction within theRefund Eligibility Period without reasonable cause; the Client provided falseor misleading information affecting the lending assessment; the request issubmitted outside the Refund Eligibility Period; or Finance Ineligibilityarises from circumstances the Client was aware of prior to engagement and didnot disclose. The Guarantee is available once per Client, is non-transferableand cannot be combined with other offers.
Compliance note: Retain records of all Onboarding Sessiondates, broker introductions, Finance Ineligibility letters and refund requestsfor a minimum of 7 years.
7. Liability, Privacy and Regulatory
Nothing in SPARK constitutes financial, credit, legal or tax advice. To the maximum extent permitted by law, Property NXT's total liability is limited to the Engagement Fee paid. Property NXT is not liable for indirect, consequential or incidental loss, including investment losses or opport unity costs. Nothing excludes liability for fraud or wil ful misconduct.
Overseas Property Risk Disclosure: Overseas property investments may involve additional risks including foreign exchange fluctuations, taxation differences, financing conditions, construction risks ,and regulatory differences between jurisdictions. The Client acknowledges these risks and confirms they have considered them in making their investment decisions.
Property NXT collects and handles personal information in accordance with applicable privacy laws. By engaging with SPARK, the Client consents to Property NXT using their information to deliver the service and communicate about future offerings. Personal information will not be sold; it may be shared with Network Partners as necessary to deliver SPARK or as required by law. See our full privacy policy at www.propertynxtaustralia.com.
The Client is responsible for compliance with all applicablelaws in their jurisdiction, including FIRB requirements and tax obligationsrelating to Australian property investment.
Compliance note for Property NXT: Confirm with your legal advisor whether SPARK and its bundled introductions require licensing,disclosure or registration under Singapore law (including MAS regulations),Australian law, or the laws of other jurisdictions in which Clients are based.
8. General
Intellectual Property: All materials provided by Property NXT remain its intellectual property. The Client is granted a personal, non-transferable licence for their own investment decision-making only.
Referral and Commission Transparency: Property NXT mayreceive referral fees or commissions from developers, vendors, or Network Partners in connection with property transactions or professionalintroductions. Any such arrangements will be disclosed to the Client uponrequest.
Commission Protection Window: If the Client purchasesa property introduced by Property NXT within 12 months of the SPARK Engagement Period commencement date, Property NXT may receive a commission from thedeveloper or vendor in accordance with applicable arrangements.
No Handling of Client Funds: Property NXT does notreceive, hold, or manage any client funds relating to property purchases. Alldeposits, reservation payments, and settlement funds are paid directly to the developer, vendor, or their appointed representatives.
Termination: Property NXT may terminate immediatelywithout refund for false information, abusive conduct, or material breach. TheClient may withdraw at any time; the Engagement Fee is non-refundable exceptunder Clause 6.
Governing Law: These Terms are governed by the laws of [INSERT JURISDICTION]. Disputes will first be referred to good faith negotiation, then mediation, before legal proceedings are commenced.
These Terms constitute the entire agreement between the parties regarding SPARK. If any provision is unenforceable, the remainder continues in full force. Notices must be sent in writing to info@propertynxtaustralia.com or the Client's registered email address.
