GENERAL TERMS AND CONDITIONS

The terms below supercede any terms of a previous agreement.

Copyright
All resources, content, and materials provided through the service, including but not limited to documents, clauses, videos, and software, are the copyrighted property of Tenancy Practice Service Ltd (“TPS”, “Tenancy. co.nz”) and are intended solely for use within the TPS portal. Users agree not to reproduce, distribute, modify, or otherwise use any copyrighted materials outside of the TPS portal without prior written consent from TPS. Unauthorised use of copyrighted materials may result in legal action and liability for damages.

Term
This agreement is a fixed-term contract commencing on the date of acceptance by the user (“Effective Date”). The initial term of this agreement shall be 12 months from the Effective Date (“Initial Term”). This agreement shall automatically renew for successive 12-month terms (each a “Renewal Term”) unless either party provides written notice of termination at least 30 days prior to the end of the Initial Term or any Renewal Term.

Payment Terms
The subscription fees are to be paid monthly, either in advance, by direct debit or upon receipt of invoice, as specified in the terms of your subscription. Failure to make timely payments may result in the imposition of a late payment fee and suspension of your subscription.

Late Payment Consequences
If any invoice remains unpaid past its due date, Tenancy Practice Service Ltd reserves the right to impose a late payment fee, issue a notice of account closure and suspend access to the subscribed services until payment is received in full.

Termination by TPS
TPS reserves the right to terminate this agreement at any time upon 48 hours notice to the user for reasons including but not limited to violation of copyright terms, non-payment of fees, or misuse of the services provided.

Continuation of Services with Standard Pricing
If the client moves to a competitor but wishes to continue using our services, standard monthly pricing will apply based on the size of the office as follows:
1. Small Office: $500+GST
2. Medium Office: $750+GST
3. Large Office: $1000+GST

Upon notification by the client of their use of a competitor’s services, their partner level subscription and associated terms will be cancelled. They will then be moved to standard pricing.
The client agrees to notify Tenancy Practice Service Ltd in writing within 30 days of the commencement of services with the competitor if they wish to continue using our services under standard pricing. Failure to provide notification may result in the closure of your account.

Collection Costs
In the event of any unpaid invoices, you agree to be responsible for all costs associated with the collection of such fees, including, but not limited to, debt collection fees, court fees, and legal fees incurred by Tenancy Practice Service Ltd.

Service Disclaimer
While we strive to provide reliable and secure services, we cannot guarantee uninterrupted or fault-free operation. Additionally, we cannot ensure absolute privacy or security, nor can we guarantee that our services will be free of viruses, harmful programs, or disabling features.
We work diligently to maintain the integrity and functionality of our services, but it’s important to recognise that unforeseen circumstances may impact their performance.

Tenantcheck Usage
It is acknowledged that all users have been informed of the necessity to obtain written authorisation from the applicant before conducting any background or credit checks. Furthermore, it is warranted that all applicants have provided suitable waivers permitting the utilisation of this background and credit checking system. It is also warranted that all users of the system will undergo training to ensure understanding of their legal obligations under the Privacy Act.

Licence Verification
Licence verification charges apply and are charged at $0.50 per check or re-run. Licence verifications checks apply to NZ drivers licences only.

eBundle Pro Charges
If you utilise the Tenancy Agreement, which generates leads for MovingHub, Tenancy Practice Service reserves the right to waive the monthly fee for accessing eBundle Pro at its discretion. If you choose to use an alternative utility connection company, eBundle PRO charges may apply.

Consultancy Service
The consultancy service provided by Tenancy Practice Service Ltd includes telephone advice and short email replies to queries related to tenancy matters. This service is designed to offer general guidance and assistance to clients in navigating tenancy-related issues.
Please note that the consultancy service does not extend to the review of documents, Tenancy Tribunal hearing preparation, drafting of documents or provision of legal opinions. Perusal of Tribunal and Court documents, and advice relating to current or future court action will be charged at $360+GST/hr and is generally excluded from the consultancy service.
While every effort is made to provide accurate and helpful advice, Tenancy Practice Service Ltd shall not be liable for any damages, losses, or expenses arising from the use or reliance on the consultancy service. Clients are advised to seek independent legal advice for complex or specific legal issues.

Business/Elite/Trusted Partner Terms
Business/Elite/Trusted Partners can only display their respective logos in their marketing during the term of the agreement. If the agreement is terminated by either party, I agree to remove the Business/Elite/Trusted Partner logo from all marketing within 30 days of the termination date. I understand if I cancel my eBundle Pro subscription, I will no longer be a Business, Elite or Trusted Partner. Re-subscribing may incur a sign up fee. Upon termination of the agreement, the client agrees to cease all use of the “Business/Elite/Trusted Partner” logo in their marketing materials within 30 days. Failure to remove the logo within this timeframe may result in further action by Tenancy Practice Service Ltd, including but not limited to legal recourse

Master Class Unlimited Terms
The size of a property management office is determined by The Tenancy Practice Service Ltd, based on a number of factors, including but not limited to credit checking usage, number of portal users and portfolio size. If an office increases or decreases in size within the contract term, The Tenancy Practice Service Ltd reserves the right to review or amend the pricing plan for that office. This review process will be completed with the office before changes are made to the pricing plan.
By subscribing to Masterclass Unlimited, which includes unlimited Masterclass tests and free unlimited Centrix credit checking, you agree to forfeit any commissions earned through Movinghub during the subscription. This plan is only available to clients who are actively referring tenants to Movinghub.

Fair Usage Policy for Unlimited Centrix Credit Checking
The “unlimited” credit checking feature is intended for reasonable and lawful use only. Users are prohibited from conducting excessive credit checks, defined as those exceeding a reasonable threshold within a given period. Additionally, users must adhere to all provisions of the Privacy Act, Office of the Privacy Commissioner Privacy Guidance and other relevant data protection regulations. Any violation of these terms may result in the restriction or suspension of access to this feature. We reserve the right to monitor usage and enforce this policy as necessary.

Text Charges
Text charges apply and are charged at $0.17 per text.

Pricing
Pricing is subject to change.

Business Partner Low User: free of charge
Business Partner High User: $55+GST
Elite Partner Low User: $95+GST
Elite Partner High User: $135+GST
Trusted Partner Low User: $195+GST
Trusted Partner High User: $235+GST
POA pricing is to be approved by an authorised TPS agent.

Terms and conditions updated 13/05/2024.