73Prohibited terms

73 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.