Try Before You Buy

Terms and Conditions

PART 1 – Offer Terms and Conditions

  1. A valid student I.D is required upon booking
  2. 50 GB of internet access is provided for the 2 week rental term.
  3. Cutlery and crockery (kitchen utensils) is provided for the 2 week agreement and may be kept at no extra expense if you extend for a 1 or 2 semester rental.
  4. Linen is provided for the 2 week rental period. If you proceed with a 1or 2 semester lease agreement new linen is required to be purchased.
  5. The full 2 weeks rent is payable before or upon check in.
  6. The terms and conditions must be agreed to upon check in these are available to be read here.
  7. On day 12 of your stay, you will be contacted by one of our sales staff to check if you would like to proceed with a longer term lease.
  8. This offer cannot be used in conjunction with any other Atira offer.
  9. This deal is not transferable and is only redeemable by the person who is on the booking
  10. The Try Before You Buy deal is only available for a 2 week period. Whilst you are welcome to extend your short term rental, only the 2week period will be refundable upon signing a 6 month or 12 month lease.
  11. Offer is subject to availability and may not be available for all room types.
  12. Atira retains the right to cancel or change this offer at anytime.

PART 2 – Contract & Residential terms

INSPECTION & RENTAL PREMISES ACCESS

The provider will undertake a end of lease inspection of the Resident’s room. The provider will give the Resident notice of the inspection time in accordance with the Residential Tenancies and Rooming Accommodation Act 2008. The provider may take photos of the Resident’s room at these inspections for its records in respect of the condition of the rental premises.

All common areas of the rental premises may be accessed by the provider at any time without having the requirement to issue any notice in advance and are generally inspected on a fortnightly basis.

REPAIRS & MAINTENANCE

The Resident is required to advise the provider’s agent in writing of all repairs and maintenance items in the rental premises as soon as becoming aware of them. This can be done either via the maintenance request form provided in the Resident portal on the website at www.atira.com or emailing hello@atira.com.

Due to safety issues, a Resident is not permitted to change light globes in the rental premises (including the Resident’s room). The Resident can organise this through your Atira Maintenance Department (southbrisbane@atira.com) Should a light in a rental premises be found to be faulty, this will be repaired/replaced at the provider’s expense.

Verbal maintenance requests will not be accepted. To ensure the maintenance request is promptly dealt with, Residents are to provide as much information as possible. The provider and provider’s agent will not be held liable or be required to provide compensation to a Resident in cases where the maintenance required is a direct result of the Resident intentionally or accidentally causing damage to the rental premises, including its furnishings or appliances.

If repairs and maintenance are required to the rental premises in an emergency situation, the Resident should contact the out of hours contact numbers outlined in the property handbook.

PERSONAL INSURANCE

It is the Resident’s own responsibility to take out contents insurance for personal belongings in the rental premises.

ROOM AND COMMON AREA CLEAN

If applicable to the Resident’s room, the Resident’s room clean will occur between 8:30am to 5:30pm Monday to Friday (not public holidays) as per the room clean schedule for your property.

The Resident’s room clean includes:

(a) provided personal belongings are removed off the floors of the Resident’s room, vacuuming or mopping of floors;

(b) provided personal belongings are removed off hard surfaces, dusting of hard surfaces;

(c) if applicable, wiping down of ensuite;

(d) if applicable, replacement of the linen pack with a clean set of linen (bed sheets x 2 pillow cases); and

(e) if applicable, laundry services for linen pack.

In order for the Resident’s room clean to occur the Resident is required to do the following:

(a) if a linen pack is to be supplied, remove the bed sheets and pillow cases from the bed and pillows, wrap the pillow cases in one of the bed sheets and place on the bed in a neatly wrapped pile; and

(b) ensure that the floors and hard surfaces are free of any personal items.

Note, the Resident’s room will not be cleaned if it is not organised and tidy.

The replacement linen pack will be placed on the bed.

If an already supplied linen pack is lost or damaged a replacement linen pack will be provided at the following cost to the Resident:

  • Bed sheets – $20; and
  • 2 x pillow cases – $10.

A brand new mattress protector will be supplied by the provider in the Resident’s room prior to the start of this agreement. The Resident must ensure that the mattress protector is correctly fitted to the bed in the Resident’s room at all times.

If the mattress is damaged as a result of the mattress protector not being on the bed, the provider may charge the Resident to replace the whole mattress.

Common areas in rental premises in which consist of apartments in which 2 or more people (including the Resident) reside will be cleaned as per the property cleaning schedule in the common areas of those rental premises. All people (including the Resident residing in those apartments are required to move their personal items where possible so that the cleaners have access to efficiently clean the apartment.

ABSENCE

If the Resident will be absent from the Resident’s room during the term of this agreement, the Resident is to ensure that their rent continues to be paid on time for the period of their absence. Rent remains at the amount detailed in this agreement during any period of absence. Nobody is permitted to stay in the Resident’s room whilst the Resident is absent without prior written approval given by the provider.

END OF TENANCY

Even though this agreement has an end date:

(a) the provider will contact the Resident prior to the end date of this agreement to ascertain if the Resident wishes to renew the agreement;

(b) the Resident is required to advise the provider in writing no later than 4 weeks before the end date of this agreement if they wish to renew the agreement or end this agreement on the end date of this agreement;

LOOKING AFTER THE RESIDENT’S ROOM

The Resident is responsible for maintaining the Resident’s room in a good, clean, tidy and hygienic condition at ALL times.

If the Resident’s room is inspected and the Resident is not complying with responsibilities in this regard, a Form R11 Notice to remedy breach may be issued. Un-remedied breaches can lead to the Resident being asked to vacate the premises.

SERIOUS BREACH

A provider may give a Resident the Form R12 Notice to leave requiring the Resident to leave the rental premises immediately if they believe the Resident has committed a serious breach of this agreement.

This could occur if the Resident has used the Resident’s room or common area of the rental premises for an illegal purpose, or the Resident, or their guest, has destroyed or damaged a part of the rental premises, endangered another person within the rental premises, significantly interfered with the reasonable peace, comfort or privacy of another Resident.

If this agreement is terminated due to a serious breach by the Resident, the Resident is liable to pay the provider the provider’s reasonable costs incurred in the provider re letting the Resident’s room.

RESIDENT’S OBLIGATION

The Resident and their guests in the rental premises are to show respect for order, morality, personal honour and rights as members of the rental premises community. The Resident is responsible for their guests and will be held accountable, including financially (where applicable), for any act, omission or misconduct by their guests (including non-compliance with directions given by the provider’s agent).

INTERNET USAGE

The Resident acknowledges and agrees that any information and communications technology such as telephone, computing and television infrastructure (including data network ports and associated cabling) (“ICT Infrastructure”) installed throughout the rental premises forms an essential part of the rental premises. The Resident must not tamper with or remove any of the ICT Infrastructure. The cost of repairing any damage to the ICT Infrastructure caused by the Resident will be charged to the Resident, together with an administration fee.

The provider, through a third party internet service provider (the “ISP”), provides an internet service at the rental premises that the Resident may use. If the Resident use the internet service provided at the rental premises they must comply with the ISP’s acceptable use policy (as updated by the ISP from time to time), as well as any other applicable terms and conditions specified by the ISP in relation to the internet service. Where the ISP is the affiliated University or tertiary education institution, refer to the University’s applicable policies and procedures.

The ISP will provide internet based on Room Accounts at the rental premises, only the monthly amount of data usage specified is included in the rent, and the Resident will be required to purchase and pay for any data usage over and above the monthly amount of data usage. The Resident has the ability to purchase data subscriptions and additional data directly through the ISP. See the rental premises website for further details.

The Resident must adhere to the following protocols when using the ICT Infrastructure network:

(a) only connect to the data port with the recommended cables and connections;

(b) do not dismantle the data port;

(c) the network is to be used in a manner which does not interfere with or disrupt other network users;

(d) continually downloading large data files may slow down the network and affect others and as such should only occur in limited circumstances; and

(e) the Resident must not use the ICT Infrastructure network for any unauthorised, criminal or illegal activity, including (but not limited to):

(i) violation of copyright or other intellectual property rights;

(ii) transmission of threatening, obscene or offensive materials;

(iii) electronic ‘stalking’ or other forms of harassment or cyber bullying;

(iv) misrepresentation or defamation of others;

(v) sending of unsolicited commercial messages (‘spamming’);

(vi) to commit fraud;

(vii) port surfing or ‘sniffing’ wireless traffic;

(viii) computer hacking or gaining unauthorised access to any information, systems, devices or resources;

(ix) propagating computer worms, viruses or other types of malicious software;

(x) any purpose which violates the policies or any local, state, federal or international laws; or

(xi) attempt to do any of the above paragraphs (i) to (x).

The Resident acknowledges and agrees:

the ICT Infrastructure network may be monitored by the provider, ISP or the affiliated University’s network security services and/or the network host (as applicable) at any time without notice to Residents;

(b) the provider exercises no direct control over the content of the information passing through the ICT Infrastructure network and the provider accepts no responsibility or liability for information not sent by the provider; and

(c) If instructed to do so by the ISP or the affiliated University (as it relates to the University network), the provider reserves the right to suspend or terminate a Resident’s access to the data network (or that the ISP may suspend or terminate a Resident’s access) where there are reasonable grounds to suspect misuse, inappropriate or unauthorised use (which may be based on information from the ISP) and also report the incident to the University, the police and any other authority it thinks appropriate .

SMOKE/FIRE ALARMS

It is important to note at no time ever can the Resident remove or relocate or do anything to interfere with the alarms warning sound. At no time can the Resident remove the batteries unless replacing them.

NO DEALINGS

The Resident must not assign, sublet or sublicense any interest or right granted to the Resident under this agreement to a third party.

COMMUNICATION

The Resident must advise the provider’s agent immediately if their contact details (mobile phone or email address) change and provide the provider’s agent with updated details.

WASTE MANAGEMENT

The Resident is to conform with rental premises waste management policies. Food and other waste my not be left outside of rental premises or Resident’s rooms and must be placed in refuse containers placed within the Residential premises.

UNDERSTANDING OF RESIDENT’S OBLIGATIONS

The Resident acknowledges and agrees:

(a) this agreement the Resident has signed is a legally binding agreement;

(b) it has read this agreement including the special terms;

(c) it has a right to occupy the Resident’s room in accordance with the terms of this agreement and a right to use the common areas for the purpose for which they were intended, in common with the provider and other Residents, in accordance with the terms of this agreement;

(c) the Resident has an obligation to comply with all of the Resident’s obligations under this agreement;

(d) it will be in default of this agreement if, among other things it is in arrears of rent, does not comply with its obligations in special term 7, causes any damage to the rental premises, ends this agreement before the end date of this agreement or fails to any amount detailed in this agreement, the special terms; and

(e) if the Resident is in default of this agreement, the provider may take the following action:

(i) police will be contacted and a full report made;

(ii) lodge document for compensation from the Resident with any Tribunal or Court;

(iii) give all accommodation suppliers in the surrounding areas the Resident’s contact information and advised of the default;

(iv) contact Centrelink;

(v) notify the National Debt Collection Agency and provide all information the Resident has given it to that Agency;
(vi) list the Resident on a National Tenancy Default database (used by all accommodation supplier including Boarding House, Real Estate Agents and Caravan Parks) using information provided by the Resident;

(vii) contact the Resident’s listed emergency contact person to advise of the default and asked to assist with payment of any outstanding monies;

(viii) claim the rental bond; and

(vix) contact the Department of Immigration and advise it of the Resident’s tenancy default.

INTENTION OF PARTIES TO CREATE A LEASE

The provider and Resident agree that:

(a) this agreement is a Rooming Accommodation Agreement and not a Residential tenancy agreement for the purposes of the Act;

(b) the terms of this agreement are to take effect as a lease:

(c) the provider grants to the Resident, and the Resident takes, the provider’s interest in the room on the terms and conditions set out in this agreement

(d) the parties intend that the Resident has exclusive possession of the room subject to the terms and conditions set out in this agreement;

  • (e) the Resident has standing to pursue any legal or equitable cause of action it has arising in respect of the room and its property in that room and the Resident:

(i) appoints the provider as his or her agent for the purposes of pursuing any claim (except to the extent that the claim is against the provider); and

(ii) agrees that under this agency the provider will have the right to appoint and instruct a legal advisor to act in respect of the claim

USE OF PROPERTY GYM

The provider and the owner of the building and their respective owners, officers, employees, agents and representatives (hereafter referred to as the “Parties”) are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using the gym or any gym equipment, caused in any manner whatsoever including, but not limited to, the negligence of the Parties.

The Resident agrees that he or she is aware that the use of the gym and the gym equipment have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by such use or any condition of the gym or gym equipment.

In consideration of being allowed to use the gym and gym equipment, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Resident agrees as follows:

  1. to waive any and all claims that the Resident has or may have in the future against the Parties in connection with the use of the gym or the gym equipment by the Resident;
  2. to release the Parties from any and all liability for any loss, damage, expense or injury including death that the Resident may suffer or that the Resident’s next of kin may suffer as a result of the Resident’s use of the gym or gym equipment, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of the Parties, and including the failure on the part of the Parties to safeguard or protect me from the risks, dangers and hazards of use of the gym or gym equipment by the Resident;
  3. to hold harmless and indemnify the Parties from any and all liability for any property damage or personal injury to any third party resulting from use of the gym or gym equipment by the Resident;
  4. to hold harmless and indemnify the Parties from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from use of the gym or gym equipment by the Resident;