Terms and Conditions
Please read this agreement in its entirety. All users of our service will be bound
by this agreement. We may update this agreement from time to time. Your use of our
service after the date on which updates are stated shows your unconditional agreement
to them as set out below.
Section 1 - Definition of Terms
The following words and expressions shall have meanings hereby assigned to them
except where the context otherwise requires: "Prosper", "us",
"we" and "our" means Prosper Software Limited; "Service",
means the Risk Management System provided by Prosper Software Limited to customers
subscribing for the same; "Client" and "You" means the party
or parties who enters into this agreement with Prosper Software Limited.
Section 2 - Providing You With Service
We strive to provide a reliable 24-hour a day service. If you experience a service
quality problem we will do our very best to resolve it to your satisfaction as soon
as possible after notification by you.
We agree to only use information provided by you to:
• deliver services you have ordered
• tell you about our services
We agree to keep your information private unless we are legally required to disclose
Section 3 - Using Our Service
You agree to accept responsibility for all aspects of use of our service by anybody
who you have given access to your Prosper account. You agree to ensure that our
service is not used for any activity that breaches the law or infringes another
person's rights. You agree to ensure our service is not used in any way that interferes
with other customers, defames, harasses or menaces anyone.
Section 4 - Providing Us With Information
You agree to provide us with accurate information about yourself and/or your organisation.
In particular, you agree to ensure the customer name field of the account application
form bears your full legal name. You also agree to provide us with any information
we reasonably ask for to help us provide services to you.
Section 5 - Payment of Fees
In consideration of Prosper Software Ltd providing you with the Prosper Risk Management
System, you agree to the payment as follows:
All fees are due in full on the 20th of the month following the invoice dates. Payment is to be made by credit card only. If
payment is not received within this period, you will have 7 days from notification
by us of the unsuccessful collection of fees, after which your account will be placed
on hold and a reconnection fee of $300.00 excluding GST will apply. Overdue accounts
referred to our debt collection agency will incur all costs of collection pursuant
to the Fair Trading Act, 1986.
All advertised fees are in New Zealand dollars (NZD) and all transactions are processed in New Zealand dollars (NZD).
Section 6 - Cancellation of Service
Prosper’s system is backed by a 30 day money back guarantee. If you are not
completely satisfied with our services or support within the first 30 days of your
contract, you will be given a full refund of the monthly fees excluding any applicable
additional charges for SMS messaging. Due to security concerns, all account cancellations
must be actioned via phone request by the account super user. Upon cancellation
of services, all charges will cease at the end of your current billed period. No
partial credit or refund will be issued for early cancellation.
Section 7 - Disclaimer of Liability
Prosper Software Limited is not liable for protection or privacy of electronic mail
or other information transferred through the Internet or any other network provider
or its customers may utilise. Prosper Software Limited does not represent or warrant
to the Client that the Client will receive continual and uninterrupted service during
the term of this Agreement. In no event shall Prosper Software Limited be liable
to the Client for any damages resulting from or related to any failure or delay
of Prosper Software Limited to provide service under this Agreement if such delays
or failures are due to strikes, riots, terrorism, fire, inclement weather, acts
of God, theft or vandalism or other causes beyond Prosper Software Limited’s
control, as defined by standard practices in the industry. Such failure or delay
shall not constitute a default under this Agreement.
Section 8 - Indemnity
Client agrees to defend, indemnify and hold Prosper Software Limited harmless from
and against any and all claims, losses, liabilities and expenses (including attorneys'
fees) related to or arising out of the services provided by Prosper Software Limited
to Client under this Agreement, including without limitation claims made by third
parties (including customers of Client) related to any false advertising claims,
liability claims for products or services sold by Client, claims for patent, copyright
or trademark infringement, claims due to disruption or malfunction of services provided
hereunder, or for any content submitted by Client for publication by Prosper Software
Limited, but excluding those related to the negligence of Prosper Software Limited.
Section 9 - Acceptable Use
The Prosper Software Limited system may be used only for lawful purposes. You may
not use Prosper Software Limited’s system in order to transmit, distribute
or store material in violation of any applicable law, in a manner that will infringe
the copyright, trademark, trade secret or other intellectual property rights of
others or the privacy, publicity or other personal rights of others, or that is
obscene, threatening, abusive or hateful.
Section 10 - Delivery and Returns
Prosper is delivered entirely through the internet on a subscription basis. Payment is in arrears for usage the previous month and fees are non-refundable. See Section 6 for information on Cancellation.
Section 11 - Contact Details
Postal address: PO Box 8278, Riccarton, Christchurch 8440, New Zealand