GUARDIAN RIGHT - MASTER TERMS Part 2 of 2.
PART D: ASSET COMPLIANCE & THE SECONDARY MARKET
1. STRUCTURAL REPAIRS, ALTERATIONS, AND MODIFICATIONS
1.1 Freestanding Properties (Torrens Title)
- For any Premises situated on a standard Torrens Freehold title (standalone dwelling), the Guardian retains absolute, non-discretionary autonomy to execute any structural repairs, cosmetic alterations, capital works, or physical modifications to the Fixtures "in their own image" without requiring the consent of the Landholder.
- The Guardian assumes 100% financial, operational, and civil liability for all such works, including ensuring compliance with local government building regulations and securing necessary building approvals.
1.2 Strata-Titled Apartments and Lots (Strata Title Carve-Out)
Notwithstanding Clause 1.1, where the Premises comprises a Lot within a Community Titles Scheme governed by the Body Corporate and Community Management Act 1997 (Qld) (or relevant state equivalent), the parties explicitly agree that the Guardian's autonomy to execute alterations and repairs is contractually limited as follows:
- (a) Internal Airspace Dominance: The Guardian retains exclusive autonomy to alter, repair, or renovate internal, non-structural fixtures, finishes, and surfaces situated entirely within the internal boundary lines of the Lot airspace.
- (b) Statutory Strata Subordination: The Guardian acknowledges that the structural foundations, structural slabs, load-bearing walls, external roofing, utility infrastructure, boundary windows, and external aesthetic facades of the building constitute Common Property vested in the Body Corporate.
- (c) Mandatory Approval Path: The Guardian strictly must not execute, permit, or cause any structural or external alterations to the Premises that impact Common Property or violate the registered Scheme By-laws without first obtaining the formal, written statutory approval of the Body Corporate Committee.
- (d) Landholder Cooperation: Where an application to the Body Corporate requires the signature of the registered freehold title holder, the Landholder contractually agrees to promptly sign and support all reasonable requests submitted by the Guardian, provided the works do not structurally compromise the overall integrity of the scheme or trigger a statutory levy penalty against the title.
1.3 Annual Digital Asset Audit & Compliance
- To ensure long-term asset preservation across both Freehold and Strata frameworks, the Registry retains the absolute power to conduct an Annual Digital Asset Audit. The Guardian must provide verified photographic or videographic evidence of the home's interior and exterior structural integrity upon 30 days' electronic notice from the platform.
- If an audit or a Body Corporate notification reveals critical structural neglect or unauthorized modifications to Common Property, the Registry reserves the right to issue a strict Rectification Notice. Failure to comply or restore the premises within 60 days constitutes an immediate Event of Default under these Master Terms.
PART E: REVENUE SCHEDULE & FIXED PLATFORM FEES
To maintain legal access to the GRR ledger network, the following centralized, fixed-price fee matrix is contractually binding upon all platform participants. The Registry operates strictly as a Software-as-a-Service (SaaS) infrastructure provider and explicitly does not charge property transaction commissions or percentage-based real estate brokerages:
- Ecosystem Sign-Up Fee: $20.00 AUD (Plus GST)
- Billed To: The Incoming Guardian (Lessee) or Enrolling Landholder User.
- Trigger: Payable online via credit card gateway immediately upon initial portal account setup.
- Service: Grants structural access to the secure GRR network, identity verification processing, and initializes the user profile on the Data-Ledger.
- System Onboarding & Set-Up Fee: $2,500.00 AUD (Plus GST)
- Billed To: The Enrolling Landholder / Developer.
- Trigger: Payable upon the execution of the initial Land Set-Up Agreement.
- Service: Format-maps the freehold Torrens title onto the database, activates the asset node, and provisions the dormant contract templates (50-Year Proprietary Lease Deed and Tripartite Joinder Agreement).
- Ledger Tracking & Administration Fee: $99.00 AUD (Inc. GST) Per Month
- Billed To: The Registered Landholder Account.
- Trigger: Deducted automatically via monthly direct debit on the first (1st) day of each calendar month.
- Service: Powers the automated database execution of the 10% per annum compounding monthly amortization matrix.
- Secondary Market Assignment Processing Fee: $2,500.00 AUD (Plus GST)
- Billed To: The Incoming Guardian (Buyer / Assignee).
- Trigger: Payable at the electronic settlement desk (PEXA/Landonline) upon executing a Deed of Assignment of Proprietary Lease and Beneficial Interest.
- Service: Wipes the old allocation track, conducts structural database audits, re-keys the software locks, and issues a fresh digital Certificate of Allocation to the new user.
- Call Option Processing & Title Release Fee: $1,500.00 AUD (Plus GST)
- Billed To: The Registered Landholder (Grantee).
- Trigger: Payable at settlement upon triggering the flexible (5–40 year) or rolling 10-year buyback Call Option.
- Service: Validates final ledger pay-off data, terminates the ledger node tracking, and authorizes the Deed of Surrender of Lease and Withdrawal of Caveat.
PART F: REGULATORY JURISDICTION & PLATFORM DECLARATIONS
1. PLATFORM STATUS AND EXCLUSION OF REAL ESTATE AGENCY
- SaaS Technology Classification: The Registry (Guardian Right Registry Pty Ltd) explicitly declares, and all transacting parties contractually acknowledge, that the Registry operates strictly as a Software-as-a-Service (SaaS) technology infrastructure provider.
- Exclusion of Intermediary Brokerage: The Registry does not act as a real estate agent, property manager, land broker, or financial intermediary. The Registry does not engage in the marketing, listing, introduction, or commercial negotiation of real property transactions between Landholders and Guardians, nor does it hold or handle client transaction cash.
- Flat Software Fee Structure: Pursuant to Part E of these Master Terms, the Registry does not charge, collect, or accept percentage-based transaction commissions, finder's fees, or real estate brokerages. All outlays collected by the Registry represent flat data-processing fees charged exclusively for database architecture provisioning, cryptographic ledger calculation, and document template automation.
- Licensing Non-Applicability: The parties explicitly covenant that the platform workflows do not trigger the statutory licensing provisions of the Property Occupations Act 2014 (Qld), the Property and Stock Agents Act 2002 (NSW), the Estate Agents Act 1980 (Vic), the Real Estate Agents Act 2008 (NZ), or any equivalent state or national real estate brokerage legislation.
- Indemnity and Regulatory Waiver: The Landholder and the Guardian explicitly waive any right to bring a claim against the Registry under state real estate consumer compensation funds or statutory fidelity guarantees. The parties confirm they are entering into an independent, peer-to-peer commercial transaction utilizing the Registry's software ledger purely as a data-tracking referee.
2. EXCLUSION OF CONSUMER TRIBUNAL JURISDICTION
- Commercial Trust Framework: All participants explicitly covenant and acknowledge that this system operates as a commercial property framework and an equitable trust, completely distinct from standard domestic tenancies.
- Waiver of Tenancy Protections: The parties contractually indemnify the Registry and each other against any attempt to bring an operational, maintenance, or repair dispute before a State Residential Tenancies Tribunal (such as QCAT, NCAT, or VCAT).
3. BINDING PRIVATE ARBITRATION PROTOCOLS
- Any operational, structural, or financial disputes arising between a Landholder and a Guardian regarding the interpretation or enforcement of these Master Terms, the Joinder Agreement, or the Proprietary Lease must be submitted directly to the GRR Arbitral Panel.
- The arbitration will be overseen by an independent commercial arbitrator appointed by the Registry. The decision of the arbitrator will be final, contractually binding, and can be entered as a formal judgment in any court of competent equitable jurisdiction.
Mandatory Registry Disclaimer & User Acknowledgment
"Guardian Right Registry is a technology and software platform. The Registry provides automated document frameworks and database accounting services. The Registry does not provide legal, financial, or conveyancing advice. All transacting parties must retain independent, licensed legal practitioners to execute their PEXA settlements and title registry filings."