Dye & Durham Group means Dye & Durham Information Pty Ltd ACN 073 436 414 and its subsidiaries from time to time, including (but not limited to) DYE & DURHAM SOLUTIONS PTY LTD ABN 35 099 032 596, ELAWFORMS PTY LTD ABN 93 117 686 389.

Lotsearch means Lotsearch Pty Ltd (ABN: 89 600 168 018).

Manual Services means the bureau manual searching services, property settlement services, manual filing of documents and other physical services delivered by Dye & Durham or a member of the Dye & Durham Group to the Client.

PEXA Platform means the electronic lodgement network developed by Property Exchange Australia Limited ABN 92 140 677 792 and marketed under the trade mark PEXA.

1. The Authorised User may request the provision of Manual Services at any time by submitting a request via CITEC Confirm. Dye & Durham will notify the Authorised User within a reasonable period of time as to whether the request for Manual Services or other services is not accepted. If the request is accepted, Dye & Durham will communicate acceptance by acting in accordance with the Client’s instructions.

1. The Authorised User warrants that it has the sole responsibility for the content that it submits to Dye & Durham via CITEC Confirm, as well as the accuracy or completeness of such content. Any variation to content must be submitted to Dye & Durham in writing.
2. Dye & Durham 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 (including but not limited to 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.
3. Subject to express directions, the Client acknowledges that Dye & Durham is solely responsible for controlling the manner in which it provides the Manual Services.
4. The Client acknowledges that Dye & Durham will attend a property settlement at the time and location specified by the Client in the settlement booking. Dye & Durham will notify the Client’s office if they anticipate arriving at the settlement location more than ten minutes after the specified settlement time. Dye & Durham will not settle a matter prior to the specified settlement time without the express written or verbal consent of the Client.
5. Dye & Durham will notify the Client within 30 minutes of the specified settlement time regarding the progress of settlement – either confirmation that settlement has been completed or advice as to the status of the settlement.
6. The Client acknowledges that if Dye & Durham is requested to conduct a final title search on behalf of the Client, the following protocol will be followed:
   1. If conducting a final title search for a lot in a Strata Plan, Dye & Durham will not conduct a final title search on the Common Property unless specifically requested.
   2. For settlements prior to 1pm, Dye & Durham will conduct the final title search by 10.30am on the day of settlement.
   3. For settlements after 1pm, Dye & Durham will conduct the final title search by 1.00pm on the day of settlement.
7. The Client acknowledges that all final searches conducted by the Client must be provided to Dye & Durham by 10.30am for settlements prior to 1pm, and by 12:30pm for settlements after 1.00pm. If the final title search is not received by this time the Client consents to Dye & Durham conducting the final title search on their behalf and this search will be invoiced to the Client at the time of invoicing the Charges.
8. The only check that Dye & Durham will make of the final title search, when it is conducted by Dye & Durham, are:
   1. That the Registered Owner is consistent with the Transferor/Mortgagor;
   2. That Mortgages on title are consistent with instructions;
   3. That no caveat (not recorded in instructions) has been recorded on title;
   4. Only if Dye & Durham has lodged the Settlement Notice or Priority Notice (or such equivalent Notice), that the Dealing Number of the Notice corresponds with the Dealing Number on the Registration Confirmation Statement (at the time of its lodgement) and otherwise as instructed in writing by the Customer by 10:30am on the morning of Settlement for Settlements up to 1:00pm and otherwise by 12:30pm for Settlements after 1:00pm.
9. 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.
10. Dye & Durham will only release cheques to parties following settlement if expressly instructed. The Client acknowledges that Dye & Durham will require photographic identification of the party collecting the cheque.
11. Dye & Durham will only provide written undertakings on behalf of the Client if express authority is given by the Client to do so.
12. Dye & Durham 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 the Client’s account.

1. The Authorised User warrants it has executed a Participation Agreement, being the agreement entered into between PEXA and the Authorised User under which the Authorised User is authorised to use the PEXA Platform to perform conveyancing transactions.
2. For the avoidance of doubt, this Agreement does not supersede the Participation Agreement made between the Authorised User and PEXA 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.

1. The Authorised User:

   1. acknowledges that the scope and content of the PEXA Platform may change from time to time;
   2. acknowledges that Dye & Durham may be required to modify its systems, security and access to accommodate such changes made to the PEXA Platform; and
   3. agrees that Dye & Durham 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).

1. In the event that Dye & Durham’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 from time to time).
2. Dye & Durham will endeavour to provide notice to Authorised Users via CITEC Confirm of any proposed changes to be made by PEXA to the PEXA Platform.

1. The Authorised User acknowledges that Dye & Durham may refuse access by the User to PEXA Platform if PEXA has made a reasonable determination that the Client is in breach of the provisions governing access to and use of PEXA Platform and has advised Dye & Durham accordingly.

View the Terms and Conditions for Dye & Durham’s AML service provider, Realaml

View the Terms of Service for Lotsearch Pty Ltd