Purpose of these Terms
- The RTBA provides an online facility for access to the RTBA Register (RTBA Online). RTBA Online is a web based interface to the RTBA Register that allows access to the information on the RTBA Register, and the generation of RTBA transactions.
- These terms and conditions apply to the use of RTBA Online.
In these Terms:
Act means the Residential Tenancies Act 1997 (Vic).
Administrator means the person from time to time with Administrator Access to RTBA Online for a Property Manager, as identified in the Details, or such other person appointed from time to time, that meets the requirements in clause 4.1.
Administrator Access means the level of RTBA Online access described in clause 3.1.3.
Agreement means the agreement between the RTBA, Property Manager and Administrator comprising these Terms and the Details.
Authorised User means the person or persons authorised to use RTBA Online for and on behalf of a Property Manager (including the Administrator), as set out in the Details.
Business Day means a day other than a Saturday, a Sunday or a public holiday in Victoria.
Details means the application and other details and information submitted by or on behalf of the Property Manager to the RTBA in relation to its use of RTBA Online, including as updated by the Administrator via RTBA Online from time to time.
Direct Debit Service means the direct debit arrangements established in accordance with clause 7 of these Terms.
IP Rights means any intellectual property rights (whether or not registered, including all applications and the right to apply for registration), trade marks, service marks, trade names, domain names, designs, design rights, brands, copyright works, software, know-how, logos, symbols and similar industrial or intellectual property rights.
Level 1 Access means the level of RTBA Online access described in clause 3.1.1.
Level 2 Access means the level of RTBA Online access described in clause 3.1.2.
Material means materials, information, documents, code or data or any combination of them.
Property Manager means the person (or persons where the Property Manager is a partnership) or entity registered to use RTBA Online (as set out in the Details) and ‘RTBA Agent’ has an equivalent meaning.
RTBA means the Residential Tenancies Bond Authority established under Division 5 of Part 10 of the Act.
RTBA Materials mean Material that the RTBA presents on or that otherwise forms part of RTBA Online.
RTBA Number means the identification number assigned by the RTBA to a Property Manager, as described in clause 3.2.
RTBA Online means the web-based facility described in clause 1.1.
RTBA Register means the register that is maintained by the RTBA for the purposes of the Act that includes information such as the names of landlords and tenants and details of bonds lodged.
Terms means these terms and conditions of use.
Access RTBA Online
There are different levels of access granted to RTBA Online:
- Level 1 Access – allows the user to search the RTBA Register, generate forms, view images of bond forms previously submitted, generate bond lists and weekly statements for their bonds and transactions and print certain documents commonly used by Property Managers;
- Level 2 Access – allows the user access to all RTBA Online functionality of a user with Level 1 Access, plus the ability to undertake bond lodgments, claims and tenant transfers via electronic transactions, including the direct debit of the Property Manager’s bank account for payment of a bond lodgment; and
Administrator Access – allows the user as the Property Manager’s nominee to access the Administration Module of RTBA Online to manage the Property Manager’s details and transactions with RTBA Online, including:
- contact details;
- banking details (for direct debits and direct credits);
- delivery instructions for receipts and notices;
- signatories (through the use of a paper form generated from RTBA Online);
- online users; and
- where offered by the RTBA, the Electronic Fax Facility.
Note: A User with Administrator Access will also have Level 1 Access or Level 2 Access, and a Property Manager may appoint more than one Administrator.
- The RTBA will assign an RTBA Number to the Property Manager (RTBA Number). The RTBA Number will be used for all of the Property Manager’s dealings with the RTBA. All bonds registered by or on behalf of the Property Manager will be grouped under the RTBA Number of that Property Manager.
Where the Property Manager is an individual, the Administrator may be the same person as the Property Manager.
- There are different levels of access granted to RTBA Online:
The Administrator must be:
- the Property Manager; or
a director, an owner or the officer in effective control of the Property Manager and authorised by or on behalf of the Property Manager to:
- register the Property Manager to use RTBA Online; or
- update the Property Manager’s existing registration for RTBA Online.
The Administrator will:
- act as the administrator of the Property Manger’s account for RTBA Online;
- have Administrator Access to the Property Manager’s account for RTBA Online;
- manage access of all the Property Manager’s other authorised users of RTBA Online in accordance with these Terms;
- be responsible for amendments to the Property Manager’s profile; and
- be bound by these Terms to the same extent and in the same manner as the Property Manager.
The Administrator, having the authority to do so, authorises the RTBA to debit (through the Bulk Electronic Clearing System) the account nominated by the Property Manager for the amount of any bond payment relating to an electronic lodgment proposed by the Property Manager.
- The Administrator must be:
Property Manager acknowledgments and undertakings
- The Property Manager may permit Authorised Users to use RTBA Online for the purposes of transacting with the RTBA on the basis set out in these Terms.
The Property Manager acknowledges and agrees that:
- an Authorised User’s use of RTBA Online will be limited by reference to the Authorised User’s level of access to RTBA Online (either Level 1 Access or Level 2 Access and optional Administrator Access);
- it or they will be responsible for, and bound by, the transactions performed by Authorised Users (including via paper forms); and
- transactions conducted through RTBA Online are transactions conducted under and subject to the Act.
The Property Manager undertakes to only use (and ensure its Authorised Users only use) RTBA Online for lawful and authorised purposes (including to perform transactions for the purposes of the Act), and for no other purpose.
Security, Records and Audits
- The Property Manager and Administrator must ensure that only authorised officers and employees of the Property Manager have access to RTBA Online. The Property Manager will be bound by any transactions entered into by its officers and employees using RTBA Online.
The Property Manager and the Administrator must ensure that Authorised Users:
- maintain the confidentiality of their account information including user names, logins, passwords, and security questions and answers;
- log out from RTBA Online when not in use; and
- only use their own RTBA Online account and not the RTBA Online accounts of others.
The Property Manager and the Administrator must:
- report any suspicious or unauthorised conduct concerning the RTBA Online accounts of Authorised Users or others to the RTBA immediately after becoming aware of it; and
- comply with any directions of the RTBA in relation to the breach or unauthorised use.
- RTBA Online will include confidential and private Materials.
- The Property Manager must only use and access (and with ensure that its Authorised Users only use and access) Materials on RTBA Online for the purposes of accessing information on and processing transactions via RTBA Online and for no other purpose and will otherwise at all times keep the Materials confidential and observe applicable privacy laws, including the Privacy Act 1988 (Cth).
- The Property Manager will ensure that all records of transactions made using RTBA Online (Records) are stored securely and protected from loss, alteration, destruction and unauthorised access.
Records must be retained by the Property Manager for a minimum of two years after the end of the relevant tenancy. Upon demand from the RTBA, the Property Manager must immediately provide the RTBA or its nominee with access to, and permit the RTBA or its nominee to make copies of, any such Records.
Direct Debit Service terms
The first drawing under the Direct Debit Service may occur at any time after the Property Manager enters into these Terms, as determined by the RTBA. If any drawing falls due on a non-Business Day in Victoria, it will be debited to the Property Manager's account on the next Business Day.
Changes to Direct Debit Service arrangements
The RTBA will give at least 14 days’ notice when any changes to the Direct Debit Service arrangements are required. If the Property Manager wishes to request any changes to or cancel the Direct Debit Service arrangements at any time, the Property Manager must notify the RTBA.
All enquiries about the Direct Debit Service should be directed in the first instance to the RTBA, rather than to the Property Manager's financial institution. No further lodgments requiring a direct debit should be commenced through RTBA Online while the Property Manager disputes a direct debit previously made through RTBA Online. All communication addressed to the RTBA should include the Property Manager's RTBA Number.
Account information held by the RTBA will be kept confidential. The RTBA may disclose such information to its financial institution to initiate the drawing to the Property Manager's nominated account, or as otherwise lawfully required to do so.
If the Property Manager believes that a drawing has been initiated incorrectly, the Property Manager should contact the RTBA. If the Property Manager does not receive a satisfactory response from the RTBA, the Property Manager should contact its financial institution. The Property Manager will receive a refund of the drawing amount if the RTBA cannot substantiate the reason for the drawing. The Property Manager's financial institution will ask the Property Manager to contact the RTBA to resolve any disputed drawing before involving the financial institution.
What the Property Manager must do
It is the Property Manager's responsibility to:
- ensure that its nominated account can accept direct debits (the Property Manager's financial institution can confirm this);
- ensure that at all times there are sufficient cleared funds in the nominated account to support the necessary transactions; and
- advise the RTBA immediately if the nominated account is transferred or closed. Such advice will be deemed given when the Administrator enters a replacement nominated account in the Details.
Return or dishonour
If a drawing is returned or dishonoured by the Property Manager's financial institution, the RTBA may do any one or more of the following:
- re-draw again after a period of 3 days;
- request payment of the amount directly from the Property Manager, the amount so requested becoming a debt immediately due and payable by the Property Manager to the RTBA;
- cancel the lodgment in question; or
- terminate access to RTBA Online.
- Any transaction fees payable by the RTBA in respect of any return or dishonour will become a debt immediately due and payable by the Property Manager to the RTBA.
- If a drawing is returned or dishonoured by the Property Manager's financial institution, the RTBA may do any one or more of the following:
Limitations and exclusions
The Property Manager acknowledges and agrees that the RTBA provides access to RTBA Online to facilitate the processing of bond related transactions at no charge to Property Managers or tenants and that:
- such access is provided on a reasonable endeavours basis only;
- the RTBA does not warrant that RTBA Online will be continuously available or fault free; and
- the RTBA does not warrant that RTBA Online will conform to any particular description or specification or will be fit for purpose (or any particular purpose).
- The Property Manager acknowledges and agrees that it enters into this agreement and uses RTBA Online solely at its risk and subject to the limitations and exclusions in respect of RTBA's liability set out in these Terms.
To the extent permitted by law, the RTBA excludes all liability to the Property Manager and to its officers, employees and agents (including Authorised Users):
- for any loss or damage suffered or incurred by any of them, whether direct or indirect, and however arising, including for breach of contract, in tort (including negligence) or for breach of statute; and
- for any loss or damage suffered or incurred by any of them, whether direct or indirect, arising out of or in connection with any failure by the RTBA to perform any of its obligations under this agreement, including as a result of any event or circumstance outside of the RTBA's control such as equipment failure, power failure or shortages, systems failure or industrial disputes.
- The Property Manager acknowledges and agrees that the RTBA provides access to RTBA Online to facilitate the processing of bond related transactions at no charge to Property Managers or tenants and that:
Termination or suspension of access to RTBA Online
- RTBA may terminate or suspend an Authorised User’s access to RTBA Online at any time and for any reason, including where RTBA considers that the Authorised User has used RTBA Online in a way that is not authorised under these Terms.
- RTBA will provide the Administrator with notice of any termination or suspension as soon as possible after the termination or suspension. Such notice may be submitted via RTBA Online or by other means. Where the Authorised User is the Administrator, RTBA may notify another director, owner or officer of the Property Manager of such termination or suspension.
The RTBA will have no liability for any costs, losses or damages of any kind arising as a consequence of termination or suspending access to RTBA Online.
Compliance with laws
Nothing in these Terms will in any way waive or diminish an Authorised User’s obligation to comply with the Act, the Residential Tenancies Regulations 2008 (Vic), or any other applicable laws.
- All IP Rights comprised in or derived from RTBA Online (including IP Rights in RTBA Materials or RTBA Online itself) or arising due to the provision of services via RTBA Online are owned by RTBA or the relevant third party owners.
- The Property Manager acknowledges and agrees that the unauthorised use of RTBA Online or Materials derived from it may violate the IP Rights of the RTBA or third parties.
- The Property Manager grants to or will procure for the RTBA a perpetual, non-exclusive, royalty free, worldwide licence (including the right to sub-license) to use, modify and adapt the IP Rights in any Materials uploaded or entered onto RTBA Online for or on behalf of the Property Manager for any purpose of the RTBA.
Words and headings
In these Terms, unless expressed to the contrary:
- words denoting the singular include the plural and vice versa;
- the word 'includes' in any form is not a word of limitation;
- where a word or phrase is defined, another part of speech or grammatical form of that word or phrase has a corresponding meaning;
- headings and sub-headings are for ease of reference only and do not affect the interpretation of these Terms;
- no rule of construction applies to the disadvantage of the party preparing these Terms on the basis that it prepared or put forward these Terms or any part of them; and
a reference to:
- any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it;
- writing includes writing in digital form;
- ‘these Terms’ is to these Terms as amended from time to time;
- 'A$', '$', 'AUD' or 'dollars' is a reference to Australian dollars; and
- a person includes the legal personal representatives, successors and permitted assigns of that person, and in the case of a trustee, includes any substituted or additional trustee.
No novation and assignment
- The Property Manager must not novate, assign or otherwise deal with its rights and obligations under the Agreement (in whole or in part) without the prior written consent of the RTBA.
- The RTBA may novate, assign or otherwise deal with its rights and obligations under the Agreement at any time.
- The RTBA may vary these Terms by giving notice to the Property Manager (including at the RTBA’s website). Any variation will take effect immediately upon receipt of the notice by the Property Manager or on the date specified in the notice.
- The Property Manager may vary the Details from time to time and, each time the Details are updated, the Administrator will be asked to accept these Terms (as updated by the RTBA from time to time) again.
If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms and terms expressly incorporated by reference into these Terms constitute the entire agreement between the parties in respect of the subject matter of these Terms and all other representations and warranties are, to the extent permitted by law, excluded.
Governing law and jurisdiction
The Agreement is governed by the law applying in the State of Victoria and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria.
- A notice or other communication required or permitted to be given to a party under these Terms or the Act must be in writing and may be delivered to the other party by pre-paid post, facsimile or electronic mail.
The address details of the RTBA are:
- by email: email@example.com
- by mail: Locked Bag 007, WENDOUREE VIC 3355
- by facsimile: 1300 768 647
- The Property Manager’s address for notices is as set out in the Details. Where the Property Manager is a company, notices may be served on it at its registered office.
A notice or other communication is deemed delivered:
- if posted, 6 Business Days after posting;
- if delivered by facsimile, at the time indicated on the transmission report produced by the sender's facsimile machine indicating a complete transmission; and
- if delivered by electronic mail, at the time the email containing the notice left the sender's email system, unless the sender receives notification that the email containing the notice was not received by the recipient.