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newsXpress member agreement (contract)

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Here is the standard newsXpress member agreement as at August 2026.

 

This Agreement is made on the                                        

between:

newsXpress Pty Ltd

ABN 99 098 073 833

of 3a Lynch Street Hawthorn, Victoria, 3122

 

and "BUSINESS OWNER"

 

COMPANY NAME: 

 

ABN:                          

 

COMMENCEMENT DATE: Oc

 

RECITALS

  1. newsXpress Pty Ltd (“newsXpress”) is a retail business marketing and consulting group.
  2. It offers services to retail businesses by providing assistance and advice as follows:
    • Gaining access to preferred suppliers of products;
    • Insights into:
    • Business operating costs.
    • Retail tenancy.
    • Retail products,
    • Visual merchandising, and 
    • advice in relation to other similar retail business related services outlined herein.
  3. The Business Owner at its option may access the services newsXpress offers for a specified duration, in return for payment of the fees noted herein.
  4. The Business Owner is under no obligation to accept any or all of the newsXpress offered services or advice, or to purchase from newsXpress preferred suppliers.
  5. Though newsXpress was formerly a franchisor, it no longer is a franchisor and does not offer any franchise services. The parties agree that this is not a franchise agreement - even if the Business Owner was formerly a franchisee of newsXpress - and the services offered do not constitute franchise services notwithstanding that the parties may have previously been in a franchise relationship with each other.

 

ON THE SIGNING AND COUNTER-SIGNING OF THIS LETTER IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:

TERM

  1. This agreement will run for one (1) year from the noted commencement date after which date the agreement will continue to operate unless the Agreement is terminated under provision in clauses 13-16.

FEES

  1. The Business Owner is to pay newsXpress service fee either monthly on the first (1st) day of the month or annually within seven (7) days of the start of each year. (The current respective annual and monthly service fees as noted in Schedule A). No invoice is required to be issued by newsXpress for service fees.
  2. newsXpress reserves the right to change the service fee no more frequently than once a year and only after providing at least thirty (30) days’ notice in writing of any planned change in its fees.
  3. Should any required payment be missed by the Business Owner, newsXpress is entitled to charge a reasonable administrative fee to cover accounting labour and other collection related costs.

OBLIGATIONS OF newsXpress

  1. The obligations of newsXpress are to provide the following services:
    • to develop, maintain and update retail business management and operational advice to the extent that it considers useful and to provide access to this through an online accessible portal through live and pre-recorded materials;
    • to organise and run meetings for all Business Owners in which they can network, learn and otherwise engage with each other, with said meetings to be primarily online but, also, from time to time and when practical, in person;
    • to assist in negotiating with preferred suppliers for and on behalf of Business Owners for products that are expected to be useful and successful;
    • to provide access at the election of the Business Owner to commercial deals and opportunities that newsXpress may negotiate or otherwise arrange from time to time;
    • to develop and provide access to digital assets that Business Owners can use at their discretion, if they choose, on social media and elsewhere to promote their businesses;
    • to develop, print and supply to Business Owners associated printed materials for use in-store in promoting major retail seasons and products the Business Owner elects to purchase or stock pursuant to this agreement;
    • to answer queries from business owners and their staff concerning management, inventory ranging, rostering and other retail business related questions that may be put by Business Owners to newsXpress and provide associated assistance in relation to the queries from time to time;
    • to develop and provide access to staff member training from time to time that can be accessed by people working for the Business Owner;
    • to assist Business Owners as much as possible with their lease negotiation when requested.
  2. The Business Owner may request newsXpress to provide the above services at any time during the term of this agreement but is under no obligation to so request.

CENTRAL BILLING

  1. The Business Owner agrees to use the newsXpress central billing services when buying from any newsXpress preferred supplier pursuant to this Agreement that operates under the Central Billing program run by newsXpress, acknowledging that the list of preferred suppliers using Central Billing can change over time.
  2. newsXpress will sweep from the bank account nominated by the Business Owner payment for Central Billing invoices as notified in advance by newsXpress and in accordance with the then prevailing central billing fee terms and in accordance with the newsXpress notified sweep payment timing. Central Billing obligations will remain for as long as a Business Owner purchases using central billing.

OBLIGATIONS OF THE BUSINESS OWNER

  1. The Business Owner is obliged to do the following things during the term of the Agreement:
    • to maintain sufficient funds in the nominated business bank account for newsXpress to sweep member fees as and when they fall due and for newsXpress to sweep central billing fees as and when they fall due;
    • to keep all information provided by newsXpress confidential and within the business at all times;
    • to read communications from newsXpress head office and ensure everyone working for the Business Owner is aware of such communications.

RECOMMENDED ACTIONS OF THE BUSINESS OWNER

  1. In order to most realise the benefits of the relationship between the parties that are the subject of this Agreement, newsXpress recommends (but in no way requires) that the Business Owner should:
    • engage with other Business Owners at newsXpress business owner meetings either live online or after by way of video, to ensure they are up to date with opportunities they can leverage through association with newsXpress;
    • use and adopt newsXpress preferred suppliers for their inventory and for their business;
    • suggest to newsXpress new preferred suppliers it may consider.

 newsXpress BRANDING

  1. As a further service offered by newsXpress, it has developed and trade marked a brand that can be used by Business Owners to brand their businesses (“the newsXpress Branding”). There is no obligation that the Business Owner must use the newsXpress Branding.
  2. The Business Owner may elect to use the newsXpress Branding in any way in the business including on uniforms, in advertising or online in any form. If the Business Owner elects to take up this service, in order to most realise the benefit of the newsXpress Branding, the Business Owner must use the newsXpress Branding without alteration and completely adopt and adhere to the newsXpress Branding.

TERMINATION

  1. The Business Owner may terminate the agreement prior to the completion of the initial period if newsXpress has failed its obligations noted herein, the failures have been notified by the Business Owner to newsXpress in writing, and newsXpress has failed to reasonably rectify the failures within ninety (90) days.
  2. newsXpress may terminate the agreement prior to the completion of the initial period if the Business Owner has failed its obligations noted herein, the failures have been documented by newsXpress to the Business Owner, and the Business Owner has failed to reasonably rectify the failures within ninety (90) days.
  3. After the initial period, either party may terminate the agreement by giving ninety (90) days’ notice in writing.
  4. This agreement will automatically terminate on the sale by the Business Owner of its business to a third party, subject to the removal of all references and connections newsXpress in the business and its operations. (There is no provision in this agreement whatsoever for the rights and obligations of a Business Owner to be transferred or assigned to any other party.)
  5. In the event of the agreement being terminated, the Business Owner must remove all newsXpress signage, materials and references from or in the physical business, any online representation of the business and any social media platforms before service fee obligations to newsXpress cease.

DISPUTE RESOLUTION

  1. The parties to this agreement agree that should any party be notified in writing of a dispute between them which is unresolvable beyond ninety days, they agree to the use of a mutually agreed mediator to mediate said dispute.

 

 

 

TRANSFER / ASSIGNMENT BY NEWSXPRESS

  1. newsXpress has the right to assign, without reference to the Business Owners, its rights and obligations under this agreement should the Directors of newsXpress consider that doing so is in the best interests of newsXpress.

RELATIONSHIP OF PARTIES / NOT A FRANCHISE

  1. The Parties to this Agreement acknowledge that there is no ‘system’ within the meaning of the Franchising Code of Conduct or any related legislation, law or regulation. 
  2. The Parties to this Agreement acknowledge that this is not a franchise agreement and for the sake of avoidance of doubt the Business Owner is not required by newsXpress to:
    • use any trading name, or 
    • to use or adhere to any business operating standards, or 
    • to use or purchase any products, or
    • to implement any pricing model.
  3. The parties acknowledge that they are independent contractors and no relationship of partnership agency or employment is intended or to be implied into this agreement.

ENTIRE AGREEMENT

  1. This agreement replaces any previous licence, franchise agreement or newsXpress membership agreement and becomes the entire agreement between the parties.

SEVERANCE

  1. The parties agree:

(a)        to apply a construction of each provision of this document that creates a legal and enforceable provision;

(b)       that any illegal or unenforceable provision will be severed from this agreement and will not affect the continued operation of the remaining provisions; and

(c)        use their best endeavours to replace any severed provision having a commercial import as close as possible to the severed provision.

FURTHER ASSURANCES

  1. Each party to this agreement will do or cause to be done all acts and things necessary or desirable to give effect to the provisions of this agreement; and refrain from doing all acts and things that could hinder performance by any party of the provisions of this agreement.

WAIVER

  1. Failure of any party at any time to insist on performance of any provision of this agreement is not a waiver of that party's rights to insist on performance of that or any other provision of this agreement.

NOTICES

  1. A notice or other communication required or permitted to be given by a party to another shall be in writing and delivered personally; by prepaid mail; by facsimile, or by email (the parties acknowledge that email is the preferred mode of communication).

COSTS

  1. Each party shall bear its own costs in relation to entering into this agreement.

FORCE MAJEURE

  1. Each party hereby releases the other from any claim, liability or responsibility pursuant to this agreement concerning the other party's failure to perform any obligation where such failure is due to strike, lockout, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of the other party and no such failure shall entitle a party to terminate this agreement.

JURISDICTION AND CHOICE OF LAW

  1. This agreement shall be governed by and construed in accordance with the laws of Victoria and the parties hereby submit to the exclusive jurisdiction of Victoria courts and any courts which have jurisdiction to hear appeals from any of those courts.

 

Signed for and behalf of     }           

newsXpress PTY. LTD.     A.C.N. 098 073 833:             

 

 

 

Mark Fletcher

Director / Secretary                         

 

 

Signed for and behalf of THE BUSINESS OWNER

 

 

                                    

Signature                                                                               

 

                        

Name: MITHUN PATEL

                                                                                                

 

 

 


 

SCHEDULE A

MEMBER FEE AND PAYMENT OPTION SELECTED (tick one): 

Paid monthly, in advance. $295.00 PER MONTH (INC. GST).

Paid annually, in advance. $3,100.00 PER YEAR (INC. GST).

DIRECT DEBIT.

Please complete the direct debit form provided with this agreement.

BUSINESS OWNER DETAILS

 

BUSINESS OWNER NAME: VEBTAR PTY LTD

 

ABN: 35 689631105

 

name(s) of Directors:

 

 

 

Addresses of Business Owners or Directors:

 

 

 

BUSINESS ADDRESS: 

 

TRADING NAME: 

 

PHONE NUMBER: 

 

EMAIL ADDRESS: 

 

WEBSITE ADDRESS:           

 

SPECIAL CONDITIONS:    

 

  • © newsXpress Pty Ltd.

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