Referral Partner Agreement
This Agreement for a Referral Partnership, is hereafter referred to as the “Agreement” which is entered into by and between the following parties hereto:
Community Oz Pty Ltd trading as Wealth By Design, hereinafter referred to as the “Company”
Registered Address: Suite 6, 294-296 Rokeby Rd, Subiaco WA 6008
Email: jeff@wealthbydesign.com.au
Phone: 08 9388 3600
ABN: 91 164 137 375
AND
Fields marked with an Asterix (*) are required
The Company and Referral Partner are jointly referred to as the “Parties” and individually as the “Party”.
Referral is a new (Australian-based) customer to the Company, who has not previously engaged in Services of the Company for which the Referral Partner has referred them for; it is a sale resulting directly from the Referral Partner to the Company
Services of the Company are per the Wealth By Design platform: https://wealthbydesign.com.au/services/
Referral Obligations
The Referral Partner agrees, from time to time, to refer prospective customers to the Company.
The Referral Partner is not obliged to provide referrals to the Company and may enter into other similar referral partnerships with different parties.
The Company is not obliged to accept any Referrals from the Referral Partner and may enter into other similar referral agreements with different parties.
The Company has the right to change the Referral Fees from time to time and agrees to advise the Referral Partner in writing if this occurs.
Method of Referral
Referrals are usually made through word of mouth. When a prospective client submits an enquiry form on our website, they should include the name of the Referral Partner who referred them.
To verify the Referral, the Referral Partner may choose to follow up with an email to the Company and the Company will then respond with confirmation if the Referral Partner is eligible for the Referral Fee.
Cross over
Where there is a situation of potentially more than one Referral Partner for a Referral, the matter will be discussed and if both Referral Partners agree, the Referral Fee may be split between the two parties.
Referral Fee is the remuneration paid to the Referral Partner by the Company, for new Referrals.
See the Referral Fee table below:
Remuneration
The Company will notify the Referral Partner by email when payment has been received by the Referral.
The Referral Partner shall invoice the Company for the Referral Fee within 21 days of notification.
The Company will issue payment to the Referral Partner on the 15th of the following month on receipt of invoice. The payment will be by EFT to the bank account as provided by the Referral Partner below:
Invoice Detail Requirements
The Referral Partner agrees to provide the following information on each invoice:
Referral Partner Company or Name
Contract Name
Address
Phone
Email
ABN
Description: a. Referral Name and b. Service purchased from the Company
The Referral Partner will email a PDF version of their invoice to
accounts@wealthbydesign.com.au
Each party is responsible for its own insurance, tax, superannuation and any other financial responsibilities.
Referral Partner Invoices
If the Referral Partner is registered for GST, they may issue a Tax Invoice for Referral Fees or, agree to receive a RCTI [Recipient Created Tax Invoice] in accordance with an RCTI Agreement
Please select only ONE (1) YES for the following three options below:
Option 1.
Agreement to Receive RCTI’s [Recipient Created Tax Invoices]
As the Referral Partner, I confirm that I am registered for GST and agree that the Company may issue Recipient Created Tax Invoices for my Referrals and I will not issue tax invoices in respect of the same referral services.
I agree to notify the Company if I cease to be registered for GST or cease to satisfy any of the requirements of Recipient Created Tax Invoices under the GST Act.
Option 2.
Agreement to Send Tax Invoices
As the Referral Partner, I confirm that I am registered for GST and agree to issue Tax Invoices for Referral Fees to the Company within 21 days of notification that my Referral has paid for services referred by me.
Option 3.
Agreement to Issue the Company Invoice
As the Referral Partner, I confirm that I am not registered for GST and am not eligible for a RCTI Agreement.
I agree to issue an Invoice (excluding GST) for Referral Fees to the Company, within 21 days of notification that my Referral has paid for services referred by me
No Agency
(a) This Agreement does not create any legal or fiduciary relationship between the parties.
(b) Referral Partner, its employees, servants or agents must not represent, convey or in any way make out to be an agent, partner, representative, employee, contractor or affiliate of the Company.
(c) Neither party shall have any right, authority or permission to legally bind the other party to any contract, arrangement or obligation.
Agreement Term
The term of this Agreement shall commence upon the parties entering into this Agreement and terminate immediately upon either party serving notice to the other party.
Indemnity
The Referral Partner agrees to indemnify the Company against any loss, damage, liability or expense incurred by the Referral Partner arising directly or indirectly from: (i) A breach of this agreement: (ii) Any negligent or wilful act or omission of the Referral Partner or anyone acting on the Referral Partner's behalf.
General Provisions
(a) The Company may amend this Agreement by giving notice to the Referral Partner.
(b) If any provision of this Agreement is held to be invalid, illegal or unenforceable, then such provision will be fully severed, and the Agreement will be null and void.
(c) The rights created under this Agreement are non-assignable.
For the avoidance of doubt:
(i) Referral Fees will still be due and payable to the Referral Partner if this Agreement is terminated pursuant to Indemnity above, where referrals are “work in process” (WIP) whether the right to the Referral Fee arose prior to the termination or otherwise; up until 90 days after the date of termination. The WIP referrals will be documented by name along with final termination documentation.
(ii) The relationship between the parties will be severed so that there is no longer an obligation to pay a Referral Fee subject to (i) above.
(d) This Agreement is governed by the laws of Western Australia and the parties agree to submit to the exclusive jurisdiction of the Courts of that State.
Confidentiality
The Company will keep all Referred user information confidential, in line with its Privacy Policy, available at https://wealthbydesign.com.au/privacy-policy
Executed as an Agreement
Referral Partner
and
Company
Jeffrey H Bowman
Authorised Representative
Referrer Agreement V.1 valid from: 26/02/2025