Referral Partner Program
Terms and Conditions

Version: 1.0 Last updated: 7th February 2024

  1. Introduction

    This document outlines the terms and conditions of the TOTECS Referral Partner Program (this Agreement and/or the Referral Program). By participating in the Referral Program, you agree to be bound by these terms and conditions.

    The Referral Program is administered by TOTECS Pty Ltd (ABN 84 114 758 566), the company that owns and operates the TOTECS’ platform.

  2. Agreement

    1. This Agreement is between you (the "Referral Partner") and TOTECS Pty Ltd (collectively referred to as "TOTECS").
    2. Failure to comply with the terms and conditions of this Agreement may result in a loss or reduction of fees and commissions, as determined by TOTECS in its sole discretion.
    3. TOTECS reserves the right to update and change the Agreement by posting updates on the TOTECS website.

  3. Participation

    1. To be eligible to participate, a Referrer Partner must be a legal resident of Australia and at least 18 years old.
    2. Individuals who receive a referral via a Referral Partner become a “Nominated Customer”. A Referral Partner who sends through qualified leads to TOTECS may earn 10% commissions on monthly billing (for 24 months) commencing once the Nominated Customer signs the Service Authorisation Form and monthly billing has commenced.

  4. Services

    1. Making a Referral: Referral Partners must register and provide the necessary contact information to make a referral. 
    2. Referral Partners must refer real individuals who meet the Program's participation requirements and cannot refer themselves. 
    3. Earning Commission: Commissions are subject to verification by TOTECS and TOTECS may need to delay a commission for verification. TOTECS may also refuse to verify and process any transaction TOTECS deems, in its sole discretion, to be fraudulent, suspicious, in violation of these terms and conditions, or believes will impose potential liability on TOTECS (apart from the liability to pay the earned commission to the Referral Partner) or any of their respective officers, directors, employees, representatives and agents.  
    4. Eligibility of Commissions: Eligibility of Commissions is subject to the Nominated Customer approving their TOTECS Proposal and signing the Service Authorisation Form to commence Services under the Service Agreement and deployment of the TOTECS Platform for the Nominating Customer has triggered the commencement of monthly billing. 
    5. Per regulatory requirements, Referral Partners are obligated to effectively communicate any material alteration to the nature of their organisation or financial status. Such notifications must be provided to TOTECS as promptly as is reasonably possible or at least within 30 days of such change. Failure to adhere to this requirement may result in the termination of this Agreement.  
    6. Referral Partners understand that TOTECS provisions it’s Services to the Nominated Customer in accordance with the TOTECS Service Agreement in place between TOTECS and the Nominated Customer once they have signed a Service Authorization Form.  

  5. Privacy/Confidentiality

    1. Referral Partners may submit information for the Referral Program, which will be collected and processed as per the TOTECS Privacy Policy
    2. The information may be used by TOTECS to contact Nominated Customers and for this Agreement.

  6. Intellectual Property

    1. Referral Partners are granted a revocable non-exclusive license to access and use the TOTECS intellectual property, the Referral Program, and its content for non-commercial use.

  7. Liability 

    TOTECS shall not be liable for:
    1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission.
    2. Telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors.
    3. Data corruption, theft, destruction, unauthorised access to, or alteration of entry or other materials.
    4. Any printing, typographical, administrative, or technological errors in any websites or materials associated with the referral program.
    5. Claims, demands, and damages in disputes among Affiliate Referrers or Nominated Referrers.

  8. Applicable Law

    1. This Agreement is governed by and construed in accordance with the laws of Victoria and the Commonwealth of Australia.