Prohibited terms For the purposes of section 206FA(1)(e) of the Act, the following terms are prescribed as prohibited terms—
(a) a term which binds the site tenant to a contract that the site tenant did not agree to in writing, after having an opportunity to review the contract, before entering into the site agreement;
(b) a term which requires the site tenant to indemnify the site owner;
(c) a term which prevents the site tenant from making a claim for compensation because the Part 4A site is not available on the commencement date of the site agreement;
(d) a term which requires the site tenant to pay rent in advance by a payment method which requires additional costs (other than bank fees or account fees payable on the site tenant's bank account);
(e) a term which requires the site tenant to use the services of a third party service provider nominated by the site owner, other than an embedded network;
(f) a term which makes the site tenant liable for the site owner's costs of filing an application at the Tribunal;
(g) a term which makes the site tenant liable by default for an insurance excess to be paid under an insurance policy of the site owner;
(h) a term which imposes fixed fees for terminating a site agreement early, unless the basis for calculating the fixed fees has been set out in the agreement.
Comments