Terms of use

01Who can use ProManage

ProManage is provided to businesses only. By accepting these terms, you confirm that you are acquiring the service for the purposes of a business, and that the person accepting has authority to bind the agency. Individual users must be at least 18 and must be staff or authorised contractors of the agency.

02Your responsibilities as an agency

ProManage is a tool. The agency remains responsible for how it is used, including:

• compliance — meeting its obligations under the Real Estate Agents Act 2008, the Residential Tenancies Act 1986, the Privacy Act 2020, anti-money laundering law and any other law that applies to it;
• its trust account — reviewing reconciliations, approving disbursements, signing off periods, and keeping its trust account audited where the law requires;
• the accuracy of what it enters — including bank account details, tenancy terms, fees and imported bank statements;
• the people it records — having a lawful basis to store and share information about owners, tenants and contractors in ProManage, and telling them how it is used;
• the messages it sends — including consent and unsubscribe requirements under the Unsolicited Electronic Messages Act 2007;
• its users — deciding who has access and at what role, removing access promptly when someone leaves, and everything done under its accounts.

ProManage automates matching and calculations and highlights items that need a person’s review, but it does not give legal, accounting, tax or financial advice. Figures and reports should be checked by the agency before it relies on them.

03Accounts and security

• Each user must have their own login. Logins must not be shared.
• Multi-factor authentication is required for roles that can handle trust money or administer the agency, and cannot be turned off.
• Tell us straight away at hello@promanage.nz if you suspect an account has been compromised or money has been misdirected.

04Acceptable use

You must not, and must not let anyone else:

• use ProManage for anything unlawful, fraudulent or misleading;
• attempt to access another agency’s data or bypass any security control;
• probe, scan or test the service’s vulnerabilities without our written permission;
• upload malicious code or content you have no right to store;
• overload the service, or scrape or copy it to build a competing product;
• resell or sublicense access, except as we agree in writing.

05Your data

The agency gives us permission to host, copy, process and transmit its data as needed to run the service — for example, to send owner statements it asks us to send, or to exchange data with an integration it has connected.

Our staff have no standing access to agency data. Support access is given only for a specific request or incident, is time-limited and read-only, and appears in the agency’s own audit log with the reason for it. We will not alter an agency’s financial records.

We may use aggregated information that does not identify any agency or person to understand how ProManage is used and to improve it.

06Third-party services

ProManage can connect to services run by others, such as Trade Me and bank feed providers. Connecting one is the agency’s choice, its use is also governed by that provider’s terms, and we are not responsible for that provider’s service or availability. Bank feed access is read-only; ProManage cannot make payments from a bank account. Payment files it produces are sent to the bank by the agency.

07Fees

The agency pays the fees for its plan as agreed when it subscribes. Unless agreed otherwise, fees are in New Zealand dollars, exclude GST, and are payable in advance. We will give at least 30 days’ notice of any change to fees. If fees are overdue, we may restrict access after giving notice, but the agency will always be able to export its data.

08Availability and changes to the service

We work to keep ProManage available and to protect data with backups, but we do not guarantee uninterrupted or error-free service. We may carry out maintenance, and we will try to schedule planned work outside business hours. We keep improving ProManage and may change or remove features; if we remove something material that the agency relies on, we will give reasonable notice.

09Intellectual property

We own ProManage, including its software, design and documentation. While the agency is subscribed, we grant it a non-exclusive, non-transferable right for its users to use ProManage for its own business. Documents ProManage produces from the agency’s data, such as statements and reports, may be used by the agency freely. Feedback you give us may be used without obligation to you.

10Confidentiality

Each party will keep the other’s confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law.

11Liability

Because ProManage is supplied for business purposes, the Consumer Guarantees Act 1993 does not apply, and the parties agree that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, to the extent the law allows. The parties agree it is fair and reasonable to be bound by this clause.

To the extent permitted by law:

• ProManage is provided “as is”, and we give no warranties other than those set out in these terms;
• neither party is liable for any loss of profits, revenue, goodwill or data, or any indirect or consequential loss;
• our total liability under or in connection with these terms is limited to the fees the agency paid us in the 12 months before the event giving rise to the claim;
• we are not liable for losses caused by the agency’s own actions or decisions, including approving a payment, or by information the agency entered.

Nothing in these terms limits liability for fraud, or anything else that cannot be limited by law.

The agency will compensate us for losses arising from a third-party claim caused by the agency’s breach of these terms or of the law, including information it did not have the right to store in ProManage.

12Ending the agreement

The agency may cancel at any time, effective at the end of its current billing period. We may suspend or end access immediately if the agency seriously breaches these terms, or where needed to protect the service, other agencies or the public, and otherwise on 60 days’ notice.

After the agreement ends, the agency has 60 days to export its data. After that we will delete it, except for records we must keep by law or that must be retained for the periods set out in our privacy policy. Clauses that by their nature should survive (including 5, 9, 10, 11 and 14) continue after the agreement ends.

13Changes to these terms

We may update these terms. We will notify agency administrators at least 30 days before a material change takes effect. Continuing to use ProManage after that date means the agency accepts the updated terms; if it does not, it may cancel before then.

14General

• These terms are governed by New Zealand law, and New Zealand courts have jurisdiction.
• Neither party is liable for delay or failure caused by events outside its reasonable control.
• The agency may not transfer this agreement without our consent. We may transfer it as part of a sale or restructure of our business, on notice to the agency.
• If any part of these terms is unenforceable, the rest continues to apply. A failure to enforce a right is not a waiver of it.
• These terms, the privacy policy and any written agreement on fees are the whole agreement between the parties about ProManage.

15Contact

Questions about these terms: hello@promanage.nz