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 constitutes unconditional agreement to these terms 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.Prosper Software Limited is only a software service provider.
Prosper does not offer any expert or technical advice in the fields of health and safety, quality, environment, risk management or business improvement. Upon request we are able to supply a list of organisations that would be qualified and competent in these fields to support you.
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.
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 it
Section 5 – Payment of Fees
In consideration of Prosper Software Ltd providing you with the Prosper Risk Management System, you agree to:
- Pay the monthly subscription charges in advance.
- Payment is to be made by credit card or Automatic payment only.
- In the event that any payment is not made on the due date you will be given 7 days from notification by us to make the overdue payment.
- Failure to comply will result in the service being place on hold until all arrears including a reconnection fee of $300.00 + GST has been paid.
The client must give 30 days’ notice in writing client to terminate or cancel this service.
The client is liable for all costs of collection should a debt be referred to a collection agency for recovery.
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 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 advance for usage during the current month and fees are non-refundable. See Section 6 for information on Cancellation.
Section 11 – Contact Details
Postal address: PO Box 75 Woodend, Christchurch 7630, New Zealand
Physical address: 49 Carlyle Street, Sydenham, Christchurch 8023, New Zealand