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BusinessSales Terms & Conditions of Service

The Company agrees to provide the Services requested by the Client on the terms and conditions set out below. 

1. Acceptance

1.1 Theses Terms & Conditions of Services shall apply to the Agreement unless or to the extent the Schedule of Services or Order expressly specifies otherwise.
1.2 The Website General Terms of Use shall apply to the Agreement and are incorporated into this Agreement, to the extent that those terms apply to the Services. If there is any conflict between Terms & Conditions of Services and the Website General Terms of Use, to the extent of any inconsistency the terms of this Agreement shall prevail.
1.3 The Client shall be deemed to have accepted the Terms & Conditions of Services, the Website General Terms & Conditions and the Schedule of Services if the Client:
(a) gives or continues to give the Company instructions in relation to the Services after receiving the Schedule of Services; or
(b) verbally accepts the Schedule of Services.
1.4 Notwithstanding clause 1.3, the Company may insist on the Client accepting the Schedule of Services and these terms and conditions in writing by signing the Acceptance or another form of written acceptance.
1.5 By entering into this Agreement, the Client acknowledges that it has read and understood all of the Terms & Conditions of Services, the Website General Terms of Use and the Schedule of Services and the Client agrees to be bound by them.

2. Services & Term

2.1 The Company shall provide the Services in accordance with the Agreement. The Client and the Company agree that the items referred to as Exclusions in the Schedule of Services, if any, are excluded from the Agreement.
2.2 The Company warrants that:
(a) it holds all qualifications and licenses, if any, required to provide the Services; and
(b) the Services will be provided with due care and skill.
2.3 Subject to clauses 2.3 and 7, the Company shall provide the Services within a reasonable time and as far as reasonably possible by the date specified in the Schedule of Services, if any.
2.4 This Agreement will operate for the Initial Term commencing on date set out in the Schedule of Services or Acceptance as (the case may be).
2.5 After expiration of the Initial Term, unless expressly terminated by either party by providing prior notice in writing to the other, the Agreement will continue as a periodic monthly agreement on the same terms and conditions and as amended only as may be required to apply to a monthly agreement.

3. Client’s Responsibilities

3.1 The Client shall promptly provide all information requested and reasonably required by the Company for the purpose of providing the Services.
3.2 The Client acknowledges that, unless the Schedule of Services specifies otherwise, the Client shall be responsible for:
(a) selecting the appropriate Services for the Client and any subcategories of Services provided by the Company and ensuring those Services are suitable for the Client; and
(b) ensuring that all files delivered to the Company will be free of infection or viruses.
3.3 The Company shall not be responsible for any errors brought about by the Client’s failure to provide information or documentation or failure to provide material that is later found to be material to the Client’s requirements.
3.4 The Client acknowledges that:
(a) it must ensure that its advertisements are posted to the appropriate category of the BusinessSales.com.au website;
(b) the Company provides no warranty to the Client that Services will be uninterrupted or error free;
(c) it is the Client’s responsibility to ensure that it familiarises itself with the advertising requirements of each available category of Service provided by the Company to ensure appropriate placement of advertisements or provision of Services to the Client;
(d) the Company will use reasonable efforts to provide the Services, including publish advertisements in the shortest practicable timeframe. However, the Company will not be liable for any loss or damage incurred by the Client as a result of any failure to delay in listing an advertisement or provision of the Services generally;
(e) the Company may review advertisements prior to publication and may, in its absolute discretion and without any liability to the Client, reject or remove any advertisement for any reason including (but not limited to) where the Company believes an advertisement may be in breach of this Agreement or any of any law or regulation. Notwithstanding any provision to the contrary in this Agreement, the Company may also terminate this Agreement immediately if the Client posts any advertisement or material that may be in breach of any law or regulation;
(f) it must not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Company’s website including code and software;
(g) it must not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Company’s website for establishing, maintaining, advancing or reproducing information contained on the Company’s website, on another website or in any other publication, without the Company’s prior written approval; and
(h) the Company may at any time, without notice or liability to the Client:
(i) alter the functionality and/or appearance of the Services or the Company’s website itself, including but not limited to, advertisements on the Company’s website and/or as they are represented on mobile communication devices; and
(ii) perform maintenance on or in respect of the Company’s website to ensure its satisfactory operation, which maintenance may affect the availability or functioning of the Company’s website.
(i) the confidentiality deed poll has been prepared by Velocity Legal and the Company provides no warranty the agreement is suitable for the client’s specific business. The client acknowledges that reliance on the confidentiality deed poll is at their own risk. 

4. Confidentiality

4.1 The Company shall maintain confidentiality in relation to all information disclosed by the Client or any other party to the Company and shall only use such information for the purpose of providing the Services.
4.2 The obligation in clause 4.1 shall not apply to any information which:
(a) the Company is authorised or compelled by law to disclose, reproduce, use or disseminate;
(b) is permitted to be disclosed in accordance with the Company’s Website General Terms & Conditions and/or privacy policy as amended from time to time;
(c) is in or enters the public domain, other than as a result of a breach by the Company of its duty hereunder or disclosure by any person receiving the confidential information from the Company; or
(d) is established by means of written records and otherwise as already known to the Company prior to the date of the Schedule of Services.

5. Fees & Invoices

5.1 The Client shall pay to the Company the Fees and other money that becomes payable under the Agreement (without any set off) in the manner and at the times stated in the Agreement.
5.2 The Client shall indemnify the Company for reasonable expenses incurred on behalf of the Client and costs borne in connection with the performing of the Services.
5.3 The Company may issue an Invoice in respect of work carried out by the Company:
(a) on or after the dates, periods or milestones specified in the Schedule of Services, if any; and
(b) when in the Company’s opinion the Services or any Variation have been completed.
5.4 The Client must pay the Fees claimed by the Company prior to the provision of the Services to the Client, or such other period as specified in the Schedule of Services.

6. Variations

6.1 A Variation occurs if:
(a) the Agreement deems a variation;
(b) the Client requests the Company to perform a Variation and subsequently the Company performs the Variation in accordance with the Client’s direction; or
(c) the Client and the Company agree in writing to a Variation, including Agreement as to the price of the Variation.
6.2 The price of a Variation is payable progressively as the Variation is performed and is due at the same time as the next Account after it is carried out unless a different time is agreed.
6.3 If the Client has requested the Company to perform a Variation and the Company has provided the Client with a cost proposal in respect of the Variation, unless the cost proposal is rejected by the Client in writing within two (2) Business Days the amount of the cost proposal is deemed to be the price of the Variation for the purposes of clause 6.1(b).
6.4 There shall be a deemed Variation if:
(a) the requirements of any statutory or other Authority necessitate a change to the Services, such Variation being that work required to effect that change;
(b) additional work is required, or the work is required to be performed in a manner not anticipated; or
(c) after the Agreement is made a statutory or other Authority introduces or increases any tax, charge, levy or other regulation or any requirement that affects the Services that causes any increase in the costs of the Services.
6.5 The Client acknowledges that the Fees have been agreed on the basis of the Company performing the Services during the Company’s ordinary operating hours.
6.6 Notwithstanding any other clause herein, the Company is under no obligation to carry out any deemed Variation or Variation requested by the Client.

7. Acknowledgement of Possible Delays

7.1 The Client acknowledges that completion of the Services may be suspended by the Company pursuant to clause 8 or delayed by any cause beyond the control of the Company including:
(a) a Variation or a request by the Client for a Variation;
(b) an act of God, fire, explosion, earthquake or civil commotion;
(c) any technical failure or third party service provider failure beyond the Company’s control;
(d) an industrial dispute;
(e) anything done or not done by the Client;
(f) delays in getting any approvals;
(g) the delay in the supply of associated services;
(h) the Company’s period usual Christmas shutdown period, if any, in each year; and
(i) the Contract Documents not being fully completed or made available to the Company by the date of the Agreement.
7.2 The Company shall not be liable for the failure to perform the Services or the Agreement to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the Company because of a circumstance referred to in clause 7.1.
7.3 Where the costs of the Services has increased due to any delay beyond the control of the Company, there shall be a deemed Variation and the Company shall be entitled to a reasonable increase in the Fees.

8. Suspension

9.1 The parties must attempt to resolve any dispute or claim arising out of or under the Agreement by negotiation in good faith before either party commences any litigation in relation to the dispute or claim. Accordingly, if a party considers that a dispute or claim has arisen under the Agreement they must give written notice to the other party adequately setting out and providing details of the dispute.
9.2 The Company and the Client must meet within ten (10) Business Days of the giving of a notice pursuant to clause 9.1 to attempt to resolve the dispute or claim or to agree on methods of doing so. The parties must be represented at the meeting by a person with authority to agree to a resolution of the dispute.
9.3 If the dispute is resolved the parties must write down the resolution and sign it.
9.4 The parties agree that anything done or said in the negotiations cannot be revealed in any other proceedings.
9.5 Nothing in this clause prevents either party from commencing urgent injunctive or interlocutory proceedings in a competent Court or affects the Company’s right to take recovery action in relation to any overdue Account.

9. Dispute Resolution

8.1 If the Client is in breach of the Agreement the Company may suspend the carrying out of the Services and must promptly give to the Client written notice of the suspension and details of the breach.
8.2 The Company must recommence providing the Services within a reasonable time after the Client remedies the breach and gives the Company written notice of that fact.

10. Default & Termination of Contract

10.1 Without limiting clause 10.2, a party may terminate the Agreement if:
(a) the other party is in default of the Agreement;
(b) the non-defaulting party has served notice in writing on the party setting out details of the default and stating that the party will be entitled to terminate the Agreement unless the default is remedied within a specified time of not less than fourteen (14) days;
(c) the party fails to remedy the default within fourteen (14) days of receiving a notice under clause 10.1(b), or such longer period as may be specified in the notice,
(d) the non-defaulting party serves written notice of termination whilst the default remains unsatisfied; and
(e) the Initial Term has expired, by providing thirty (1) day prior notice in writing to the other in accordance with clause 2.6.
10.2 If the Client fails to pay any money under the Agreement within seven (7) days of the due date for payment:
(a) the Company may terminate the Agreement by notice in writing to the Client;
(b) the Company shall be entitled to interest on the outstanding amount at the rate of 2.5% per calendar month calculated daily from the due date for payment and compounding monthly on the first day of each month until payment is received;
(c) the Client shall indemnify the Company from and against all costs and disbursements incurred or payable by the Company in connection with the recovery of monies owing by the Company (including, without limitation, legal fees on an indemnity basis, collection agency costs and bank dishonour fees); and
(d) the Company may cancel all or any part of the Services or Services in connection with any other contract or contracts made with the Client to which these terms and conditions apply whereafter all amounts payable by the Client to the Company shall became payable immediately.

11. Warranties & Representations

11.1 Except as expressly provided to the contrary in the Schedule of Services, Order or elsewhere in these terms and conditions, all representations, warranties, guarantees and conditions in relation to the Services (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
11.2 If the Client is aware (or should be aware) that the Services are for a particular purpose, the Client agrees to clearly specify that purpose in writing in the Schedule of Services or the Order.
11.3 The Client warrants that it has made its own enquiries in relation to the suitability of the Services and has not relied on any representation made by the Company in relation to their suitability for any particular purpose.

12. Limitation of Liability

12.1 Unless the Schedule of Services specifies otherwise, the Company disclaims any assumption of responsibility for reliance on the Services or any document:
(a) by any party other than the Client; and
(b) for any purpose other than the purpose for which the Service is provided, or document is prepared.
12.2 The Company’s liability to the Client (and any party claiming through the Client against the Company) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with the Agreement shall be limited to the lesser of the costs of:
(a) supplying the services again; or
(b) payment of the costs of having the services supplied again.
12.3 The Company shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Services.

13. Indemnity

13.1 The Client shall indemnify the Company from and against all costs, disbursements actions, suits, liabilities, actual or contingent costs, damages and expenses incurred or payable by the Company in connection with:
(a) any breach of this Agreement by the Client;
(b) any negligent act or omission by the Client;
(c) any listing or proposed listing of any advertisement by the Client on the Company’s website or any related site; and
(d) an actual or alleged breach by the Client of any law, legislation, regulations by-laws, ordinances or codes of conduct which occurs as a consequence of the Client’s advertisement or material appearing on the Company’s website.

14. Intellectual Property

14.1 Where the Company has designed, drawn or developed unique and/or original works, designs or drawings in connection with the Services, copyright in such works, designs or drawings shall vest in the Company.
14.2 The Client warrants that the Company is entitled to use all documents and drawings provided by the Client for the purposes of providing the Services and that such use will not infringe any third party’s intellectual property rights.
14.3 The Client shall indemnify the Company from and against all claims and all losses and damages incurred by the Company as a consequence of any claim against the Company for infringement of a third party’s intellectual property rights in connection with the provision of the Services in accordance with a document that is; supplied by, prepared under the instruction of, or prepared from sketches provided by, the Client.
14.4 The Client authorises the Company to use any documents, designs, drawings or goods that the Company has created for the Client including photographs thereof for the purposes of marketing the Company’s business or any other purpose the Company determines in its absolute discretion.

15. Subcontracting & Assignment

15.1 The Company may subcontract the whole or any part of the Services but remains responsible for all of the Services.
15.2 The Company may assign the Agreement to any person. In the event of the assignment the Client may, if it has reasonable grounds to believe that the assignee will not comply with the Agreement, within seven (7) days of receiving notice of the assignment terminate the Agreement by thirty (30) days written notice to the Company whereafter the termination will be effective unless the assignment is withdrawn.

16. Cancellation

16.1 Notwithstanding any other clause herein the Company may cancel any agreement to which these terms and conditions apply at any time before the Services are commenced by giving written notice to the Client whereafter any deposit or other amount paid by the Client on account of the Services shall become immediately repayable to the Client. The Company shall not be liable for any consequential loss or damage in relation to any such cancellation.
16.2 If the Client purports to cancel the Agreement, without limiting any other right available to the Company, the Client shall be liable to the Company for any and all loss or damage suffered by the Company in connection with the cancellation including, without limitation, loss of profit in respect of the Services and/or loss of profits in respect of orders and opportunities foregone as a result of the scheduling of the Services.

17. Privacy Act 1988 (Cth)

18.1 The Fees and all other monies payable by the Client pursuant to the Agreement are exclusive of GST.
18.2 If The Company incurs a liability to pay GST in connection with a supply to the Client pursuant to the Agreement, the consideration that the Client must pay to the Company for the supply is increased by an amount equal to the GST liability that the Company incurs in making the supply and the amount of the GST liability is payable at the same time and in the same manner as the consideration in respect of the supply is payable.
18.3 The Company shall provide the Client with a tax invoice for any GST included in any payment made pursuant to the Agreement.

18. GST

17.1 The Client consents to the Company using any personal information collected by the Company for the following purposes or as required by law:
(a) the performance of the Services;
(b) the marketing of the supply of services by the Company;
(c) the analysing, verifying and checking of the Client’s credit and/or payment status in relation to the performance of the Services;
(d) the processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and
(e) enabling the daily operation of the Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the performance of the Services.

19. Notices

19.1 The parties agree that email shall be the primary method of contact and communication in relation to any matters arising under the Agreement.
19.2 A notice is deemed to have been given or serviced if the notice is:
(a) delivered by hand to the other party;
(b) sent by email to the parties’ email address stated in the Schedule of Services or Order upon receiving confirmation of delivery of the email without error.

20. General

20.1 Payments may only be made by electronic funds transfer or credit card (unless the Company agrees otherwise in relation to a payment).
20.2 The Client may not:
(a) set off against or deduct from any monies payable under the Agreement any sums owed or claimed to be owed by the Company to the Client; or
(b) withhold payment of any Account because the Account or part of it is in dispute.
20.3 The Agreement embodies the whole agreement between the parties relating to the subject matter of the Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of the parties.
20.4 The terms in the Agreement may not be varied, waived, discharged or released, except with the prior written consent of the parties.
20.5 No right under the Agreement is waived or deemed to have been waived in relation to any particular instance unless in writing and signed by the party waiving the right. A party does not waive its right under the Agreement by granting an extension of time or any other forbearance to another party.
20.6 The Agreement shall be governed by and constructed pursuant to the laws of the State or Territory in which the Order is received. The parties irrevocably submit to the jurisdiction of the Courts of that State or Territory in connection with any dispute relating to the Agreement. The parties further agree that the Court of competent jurisdiction located closest to the Company’s principal place of business in the relevant State or Territory shall be the appropriate Court for the hearing of any claims in connection with this Agreement.
20.7 The parties agree that a construction of the Agreement that results in all provisions being enforceable is to be preferred to a construction that does not so result.
20.8 If, despite the application of clause 22.7, a provision of the Agreement is illegal or unenforceable:
(a) if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
(b) in any other case, the whole provision is severed,
and the remainder of the Agreement continues in force.

21. Definitions & Interpretation

21.1 In these terms and conditions:
(a) “Acceptance” means the acceptance document signed by the Client in relation to the Schedule of Services and these terms and conditions;
(b) “Account” means both a statement of the Fees claimed to be due to the Company under the Agreement and a tax invoice as defined in the A New Tax System (Goods and Services Tax) Act 1999;
(c) “Agreement” means the agreement between the Client and the Company arising from the Client’s acceptance of the Company’s offer comprised by the Schedule of Services;
(d) “Authority” means the Local Government, State or Federal Government, or any Government agency that has power to affect the Services;
(e) “Business Day” means any day other than Saturdays, Sundays or public holidays;
(f) “Client” means the party named as the Client or customer in the Schedule of Services, or if there was no written Schedule of Services, in the Order;
(g) “Company” means BusinessSales.com.au Pty Ltd ACN 658 947 301, it’s successors and assigns;
(h) “Exclusions” means the exclusions described in the Schedule of Services;
(i) “Fees” means the amount or rates stated as the price in the Schedule of Services, or if there was no written Schedule of Services, in the Order;
(j) “GST” has the same meaning as given to it in the A New Tax System (Goods and Services Tax) Act 1999.
(k) “Initial Term” means the initial term of the Agreement as set out in the Schedule of Services.
(l) “PPSA” means the Personal Property Securities Act 2009 (Cth);
(m) “Schedule of Services” means the schedule of services or proposal, if any, provided by the Company to the Client in respect of the Services;
(n) “Services” means the work/services described in the Schedule of Services and includes Variations but excludes the Exclusions.
(o) “Variation” means to vary the Services by carrying out additional work, omitting any part of the Services or changing the scope of the Services.
(p) “Website General Terms & Conditions” means the Website General Terms of Use of the Company as referred to at clause 1.2 and found at the following link (Website General Terms of Use).
21.2 In the Agreement, unless otherwise indicated by the context:
(a) the singular includes the plural and vice versa;
(b) a reference to one gender includes a reference to all other genders;
(c) headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate;
(d) references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any Orders, regulations, instruments or other subordinate legislation made under the relevant statute;
(e) the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;
(f) the Agreement will bind each party’s legal personal representatives, successors and assigns; and (g) where a party comprises two (2) or more persons the rights and obligations of such persons pursuant to the Agreement will ensue for the benefit of and bind each of them jointly and severally.

BusinessSales Schedule of Services

Free Listing

1. Inclusions

  • Online Confidentiality Deed Poll
  • Live Chat
  • Inbuilt Data room
  • Unlimited invited users so you can collaborate with your advisors
  • Live reporting
  • Direct contact with the Buyer

2. Exclusions

  • Appear higher in search results.
  • Professional Listing Review & Advert writing.
  • Detailed 8-12 page Information Memorandum 
  • Dedicated support from an account manager. 

Please note: BusinessSales.com.au is not a business broker and will not contact buyers on your behalf. 

3. Initial Term

The Agreement will commence upon your acceptance of our Terms & Conditions of Service (see below) and continue for the Initial Term of 1 month.

4. Terms & Conditions of Service

This Schedule of Services is an offer to enter into an Agreement for the Services on the terms set out herein and contained in the Businesssales.com.au – Terms & Conditions of Service (Effective 1 August 2022). To accept this offer and enter into an Agreement with us please add a listing.

If you would like to discuss any matters in relation to the terms of our engagement or the content of this Schedule of Services please do not hesitate to contact us

Silver Listing

1. Inclusions

  • Online Confidentiality Deed Poll
  • Live Chat
  • Inbuilt Data room
  • Unlimited invited users so you can collaborate with your advisors
  • Live reporting
  • Direct contact with the Buyer
  • Appear above free listings in the search results
  • Professional Listing Review & Advert writing.
  • Detailed 8-12 page Information Memorandum 

2. Exclusions

  • Dedicated support from an account manager.

Please note: BusinessSales.com.au is not a business broker and will not contact buyers on your behalf. 

3. Initial Term

The Agreement will commence upon your acceptance of our Terms & Conditions of Service (see below) and continue for the Initial Term of 6 months.

4. Terms & Conditions of Service

This Schedule of Services is an offer to enter into an Agreement for the Services on the terms set out herein and contained in the Businesssales.com.au – Terms & Conditions of Service (Effective 1 August 2022). To accept this offer and enter into an Agreement with us please add a listing.

If you would like to discuss any matters in relation to the terms of our engagement or the content of this Schedule of Services please do not hesitate to contact us

Gold Listing

1. Inclusions

  • Everything in silver, plus 
  • Dedicated support from an account manager. 

2. Exclusions

Please note: BusinessSales.com.au is not a business broker and will not contact buyers on your behalf. 

3. Initial Term

The Agreement will commence upon your acceptance of our Terms & Conditions of Service (see below) and continue until you advise us that your business has been sold. 

4. Terms & Conditions of Service

This Schedule of Services is an offer to enter into an Agreement for the Services on the terms set out herein and contained in the Businesssales.com.au – Terms & Conditions of Service (Effective 1 August 2022). To accept this offer and enter into an Agreement with us please add a listing.

If you would like to discuss any matters in relation to the terms of our engagement or the content of this Schedule of Services please do not hesitate to contact us

Registered Buyer

1. Inclusions

  • Sign Online Confidentiality Deed Poll
  • Live Chat
  • Access to Inbuilt Data room
  • Direct contact with the Seller
  • Get real time alerts of new listings
  • See hidden details about listed businesses
  • Create a watchlist and be in the know.
  • Detailed buyer profile

2. Exclusions

  • Your confidentiality deed poll will stand out with a recognised identification check.

3. Initial Term

The Agreement will commence upon your acceptance of our Terms & Conditions of Service (see below) until you delete your account. 

4. Terms & Conditions of Service

This Schedule of Services is an offer to enter into an Agreement for the Services on the terms set out herein and contained in the Businesssales.com.au – Terms & Conditions of Service (Effective 1 August 2022). To accept this offer and enter into an Agreement with us please create an account.

If you would like to discuss any matters in relation to the terms of our engagement or the content of this Schedule of Services please do not hesitate to contact us

Premium Buyer

1. Inclusions

  • Your confidentiality deed poll will stand out with a recognised identification check.
  • Sign Online Deed Poll
  • Live Chat
  • Access to Inbuilt Data room
  • Direct contact with the Seller
  • Get real time alerts of new listings
  • See hidden details about listed businesses
  • Create a watchlist and be in the know.
  • Detailed buyer profile

2. Exclusions

3. Initial Term

The Agreement will commence upon your acceptance of our Terms & Conditions of Service (see below) and continue for the term selected by you and be renewed automatically unless you tell us otherwise. 

If you cancel your premium buyer account. You will continue to receive the benefits until the end of the period you have paid for. 

4. Terms & Conditions of Service

This Schedule of Services is an offer to enter into an Agreement for the Services on the terms set out herein and contained in the Businesssales.com.au – Terms & Conditions of Service (Effective 1 August 2022). To accept this offer and enter into an Agreement with us please become a premium buyer.

If you would like to discuss any matters in relation to the terms of our engagement or the content of this Schedule of Services please do not hesitate to contact us

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