TERMS & CONDITIONS 1. NSW Licensing & Regulatory Framework My Business For Sale operates in New South Wales in accordance with: Property and Stock Agents Act 2002 (NSW) Property and Stock Agents Regulation 2022 (NSW) Australian Consumer Law We operate under a licensed framework to lawfully advertise businesses and communicate with buyers on behalf of sellers. 2. Non-Exclusive (Open) Agency Agreement – NSW Requirement Before any business is advertised under our licence, sellers must sign a Non-Exclusive (Open) Agency Agreement Important Clarification: * This agreement is non-exclusive and non-binding**. * You remain free to sell privately or appoint other agents. * It does not lock you into representation. * It exists solely to provide written authority required under NSW licensing laws. * It authorises us to: * Advertise under our licence * Communicate with buyers * Protect your confidentiality * Handle enquiries on your behalf NO COMMISSION STRUCTURE My Business For Sale does not charge commission on the sale of your business. * We operate on a fixed-fee service model only * There is **no percentage of sale price payable to us * Signing an Open Agency Agreement does not create a commission obligation. * We are not entitled to any success fee unless separately agreed in writing. The Open Agency Agreement is strictly for legal compliance and confidentiality protection — not commission charging. 3. Confidential Advertising & Identity Protection To protect sellers: Your business may be advertised under our licence details. * Personal contact details may not appear on third-party portals. * We may act as the initial point of contact for enquiries. This protects: * Staff stability * Commercial sensitivity * Competitive exposure * Privacy during sale 4. Nature of Our Services We provide: * Advertising services * Marketing exposure * Buyer enquiry handling * Confidential listing management We are not: * The buyer * The seller * A legal advisor * Responsible for final transaction completion All negotiations and contracts occur directly between buyer and seller unless separately agreed. 5. Seller Responsibilities Sellers must: * Provide accurate information * Not misrepresent financial performance * Ensure asset lists are correct * Notify us immediately upon sale Where we prepare advertising, you remain responsible for confirming accuracy. 6. Fees & Payment (Fixed Fee Model – No Commission) Fixed Fee Structure All services are provided on a **fixed upfront fee basis only**. There are: * No percentage-based commissions * No hidden success fees * No post-sale commission claims Unless a separate written agreement specifically states otherwise, no commission is payable. Non-Refund Policy Fees paid for: * Advertising * Marketing * Third-party portal placements * Access to tools or document packs are **non-refundable**, except where required under Australian Consumer Law. Refunds will not be provided if: * You change your mind * You sell independently * You withdraw your listing * A third-party portal changes policies * Advertising has commenced Services are deemed commenced once: * Payment is made, and * Advertising or access to systems is provided. Late Payments Failure to pay may result in: * Suspension of advertising * Removal of listings * Termination of access 7. Third-Party Portals We may advertise listings on third-party platforms. You acknowledge: * Third-party portals have independent rules. * We are not liable for changes, suspension or removal by those platforms. * Fees paid for third-party advertising remain non-refundable once services commence. 8. Limitation of Liability To the extent permitted under NSW law: We are not liable for: * Disputes between buyers and sellers * Loss caused by inaccurate information supplied by users * Technical interruptions beyond our control * Consequential or indirect losses Nothing in these Terms excludes your rights under the Australian Consumer Law. 9. Suspension or Termination We may suspend or terminate access if: * You breach these Terms * Required by law * There is risk to our licensing compliance * Serious complaints are received Circumventing suspension may result in permanent removal without refund. 10. Intellectual Property All website content remains the property of My Business For Sale. You grant us a royalty-free licence to use content provided for advertising purposes. 11. Governing Law These Terms are governed by the laws of: New South Wales, Australia All disputes are subject to NSW jurisdiction. 12. Clear Positioning Statement My Business For Sale operates as: * A licensed advertising and buyer enquiry service * A fixed-fee model provider * A non-commission structure business Signing an Open Agency Agreement is required solely for NSW compliance and confidentiality protection — **not to create a commission entitlement**.