Tenantcheck Order Form

Terms and Conditions

A. General

COPYRIGHT
1. The resources provided through the services are copyrighted and they are not to be shared with any other party. If you share or distribute any documents included in this or any service that are not available for public use through the website, you agree to compensate The Tenancy Practice Service Ltd to the value of no less than $5000 or any greater amount set by a New Zealand court. All content, clauses and videos are only to be used with the TPS portal and are not to be copied into any other software or system.

The Services
2. We cannot guarantee that our Services will always operate free of faults, be private or secure or that our Services will operate free of viruses or other harmful programmes or disabling features.

Logins
3. I understand that if another office, branch or company uses my login information that the monthly charge will increase to reflect the number of office in my group.

4. I also understand that if another office, branch or company uses my login, our office will be responsible for any charges incurred through the use of the services.

PAYING YOUR BILL
5. Any subscription is to be paid monthly in advance. Failure to pay any invoice on the due date may result in a late payment fee and your subscription being suspended. If for any reason there is a debt owed for unpaid fees you agree to pay all costs associated with collection of those fees, including BUT NOT RESTRICTED TO DEBT COLLECTION FEES, COURT FEES AND LAWYER FEES.

6. Invoices not paid by direct debit incur a $30.00 +gst surcharge. If the direct debit option is selected and no completed direct debit form is emailed/given to Tenancy.co.nz, the account will be set to be paid by invoice and incur the additional fees. A direct debit form can be completed at a later date, but no existing invoices will be discounted. The surcharge will be removed for future invoices once the direct debit form is received.

Terminating subscription
1. After the initial term, 1 calendar months notice is required to end your subscription. The one month period will start on the last day of the month we are notified of the request to end your subscription. Notification must be by email or in writing. When the subscription has ended all software licenses will be cancelled resulting in no access to the service, products or discounts associated with the subscription.

Group Discounts
8. Group Discounts are provided because there are administrative savings to us by billing one head office or organisation. There will be one invoice issued to the head office each month for all offices included in the group discount. Individual invoices will not be issued for each office.

9. If you sign up as part of a group Discount and then leave the group, you agree that the price of the service will increase to the current standard rate as of the next billing month of leaving the group. You agree to pay the current rate until the end of any fixed term contract that applies.

B. Tenantcheck

Term
1. Tenantcheck by TenancyTM is on a month to month contract. The price quoted on the agreement is per physical office or branch per month.

User Consent
2. I agree that all users have been made aware that they must have written authority from the applicant to run a background check and credit check.

3. I warrant that all applicants have signed an appropriate waiver allowing the use of this background and credit checking system.

4. I warrant that all users of the system will be trained to use the system and they understand their legal requirements under the Privacy Act.

5. I agree that if I background check an applicants’ references or previous landlords or contacts, I will not tick the PPSR box.

6. This online system and it’s contents are all subject to copyright. Use of these clauses and other intellectual property in any other system is prohibited. Breach of this will result in legal action.

Agreement
7. In using the Tenantcheck system, you adhere to all terms and conditions marked out in the subscriber agreement. If a subscriber agreement has not been entered into, you are not eligible to use the Tenantcheck system.

Charging
8. Check your submitted details carefully. Each time the submit button is pressed, your account will be charged. If you run a check on the same name twice, you will be charged accordingly. If an error is found in our system and you are incorrectly charged as a result, we will refund your account accordingly, or we will arrange to have the invoice adjusted.

PPSR
9. By including a PPSR Security Search, you confirm that you are aware of the requirements of Section 173 of the Personal Property Securities Act 1999 and you are conducting this search for legitimate purposes only.

Privacy Act Waiver
10. You acknowledge that the applicant has provided consent for you to run these searches. Passport, birth certificate and citizenship verification, add well as PEP, SIP and PPSR all require written consent. This consent can be found in the resources tab and is called a Privacy Act Waiver.

Data Guarantee
11. Data Guarantee applies at the time when the office signs up. Complimentary background checks are only when using Tenantcheck. Does not include PPSR or other additional extra data sources outside a standard background check.

Disclosure
12. The subscriber must not disclose the actual background check report to tenants, but they can disclose potential issues verbally.

Clauses
13. Any clause created in the eBundle can be reviewed, altered and re-released at any time without notice by TPS, and any and all versions remain the copyright of Tenancy Practice Service LTD.

IMPORTANT DISCLAIMER
14. Upon signing the agreement, you have agreed you and your physical office ONLY will access Tenantcheck by TenancyTM.

15. If any other office or person is to use your details, you are in breach of the Privacy Act 1993 including but not limited to Section 3 (Information held by agency) and Section 4 (Actions of, and disclosure of information to, staff of agency).

16. I agree that I will not check the PPSR database or credit check anyone without signed consent from the person that I am checking and I acknowledge that doing so is a breach of the Privacy Act 1993.

17. I agree to use either the applicant consents or the Tenancy Application provided to me by TenancyTM before using Tenantcheck by TenancyTM.