Agency Terms and Conditions

Your Agency Contract comprises your Order For Services form and the Terms and Conditions stated directly below.

We supply services to you under your Agency Contract. You should read your Agency Contract to understand your rights and obligations. If you do not agree to these Terms and Conditions, you should not proceed to sign the Order For Services form, create an account, or use our services.

The Effective Date of the Terms and Conditions is July 10th, 2024. These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our platform. We will notify users by email of changes to these Terms and Conditions. A copy of these Terms and Conditions is hosted on our website at https://renti.co/agency-terms-and-conditions.

Terms and Conditions

Term & Commencement Date
1. This Agreement starts on the Commencement Date stated on the client Order For Services form and continues for the Initial Term of 12 months.
2. Unless either party gives the other at least 30 Business Days written notice of termination before the end of the Initial Term, this Agreement will renew for another Term, equivalent to the Initial Term.
3. The Agency may terminate this Agreement within 60 Business Days of the Commencement Date on giving Renti not less than 5 Business Days’ prior notice but must still pay the termination fee as per Clause 15c of this Agreement.
4. For the duration of this Agreement, the Agency agrees to represent the number of Managed Properties to Renti so that the correct monthly subscription fee for bookings can be applied.
Exclusivity & Cooperation
1. Cooperation: The parties shall:
  1. take or cause all reasonable actions (or omissions) necessary to ensure the satisfaction of the rights and obligations provided for within this Agreement;
  2. shall work together to perform this Agreement in good faith.
2. Exclusivity:
  1. Renti may provide Applicants and other Agencies the same or similar services to assist them in managing their bookings, viewings, tenant applications, tenancy agreements, utility connections, and other related services.
  2. The Agency explicitly agrees to use Renti as their exclusive provider of booking to view, tenant applications, tenant vetting, and agreement solution for the length of the contract and explicitly agrees to use Renti as their exclusive provider of Connections services (including but not limited to power, gas and broadband services).
  3. Renti may provide Applicants and other Agencies the same or similar services to assist them in attracting, selecting, and verifying tenants.
Access Service
1. Renti Platform Functionality: For the purpose of this Agreement, Renti may maintain, on the Renti Platform, a means for an Applicant to book to view a property, apply for a rental property, and make their own Access Request, if they so choose. Where Renti makes this available to an Applicant, Renti will ensure the Renti Platform has the following functionality, processes, and requirements:‍
2. Apply for an Access Request: An Applicant may at any time make an Access Request and each time an Access Request is made an Applicant will be required to undertake a voluntary and manual step in the process to show the Applicant has given their express permission to make an Access Request. To avoid doubt this requires the Applicant to opt in as part of this process.‍
3. Information: To be given at the time an Applicant applies for an Access Request, the Applicant is informed that:
  1. the Access Request will not provide access to all the Applicant’s Credit Information held by the Bureau, but will only contain Credit Information that is ordinarily provided by the Bureau to Rental Providers when considering a tenancy application.‍
4. Securely Store Access Reports: All resultant Access Reports are to be held securely by Renti on behalf of the Applicant within the Renti Platform, to be accessed and used only by the Applicant, to share with the Agency of the property they wish to apply for. The Applicant will be able to share their Access Report with anyone they choose to, as they are the owners of their information.‍
5. Retention of Access Reports: The Applicant may at any time require Renti to delete an Access Report and upon receiving a deletion request an Access Report held on behalf of the Applicant must be purged and deleted from the Renti Platform. To avoid doubt this does not apply to an Access Report that has been submitted by the Applicant to a Rental Provider and is held by the Rental Provider within the Renti Platform.‍
6. Renti Functionality: For the avoidance of doubt, Renti at all times reserves its discretion to determine the functionality and features of the Renti Platform, including (without limitation) modifying, suspending, or discontinuing the functionality available to Applicants to make an Access Request provided, however, if Renti is offering the Access Services to an Applicant, Renti must ensure the functionality, requirements, and the processes listed above are maintained.‍
7. Agent Access Requests: The Applicant, through using the Renti Platform to apply for a rental property, gives the Agent consent to carry out an Access Report on their behalf to be used to assess their suitability for the rental property.‍
8. Safeguard of Access to Services and Information: The Agency agrees to ensure that only persons properly authorised by the Agency, have access to Renti’s services. The Agency agrees to take appropriate measures to safeguard against improper access to Renti’s services and the information Renti provides, including (without limitation):
  1. maintaining policies and procedures to be followed by the Agency’s employees, agents, and contractors in relation to access to Renti’s services and the security of the information Renti provides;
  2. establishing controls, including the use of passwords or other mechanisms and user identification in relation to access to our services and the information Renti provides;
  3. notifying Renti in writing of any unauthorised access to our services, including maintaining staff access and removing access, within a maximum of 24 hours, of staff members leaving your employment.
Warranties
1. Renti agrees and warrants that, where it provides Access Services and related application services to an Applicant and Agency, it and its related bodies corporate will satisfy all of the following terms:
  1. the entire Renti Platform, which includes the booking to view function and associated tenancy application process will comply with clause 5a, as well as the Privacy Act 2020;
  2. the Renti Platform functionality and associated tenancy application process will not mandate that the Applicant make an Access Request;
  3. the Renti Platform functionality and associated Tenancy Application process is designed and operates in such a way so that an Applicant using the Renti Platform will be informed;
  4. that the Applicant is appointing Renti as their Agent to make an Access Request and to receive the Access Report and hold the Access Report on their behalf; of all the matters required by Clause 3a.
2. Through the Renti Platform, Renti has been appointed as an Agent of the Applicant to make an Access Request and receive the Access Report. This appointment includes authorisation to disclose the Applicant Information to the Bureau and other third parties for the purpose of making the Access Request.
3. Renti retains accurate records and evidence of each and every Applicant Agency Appointment for a period of 7 years from the date of each appointment; and
4. prior to making the Access Request, Renti has taken reasonable steps to verify the Applicant is the person who they say they are.
Privacy
1. In all matters connected to this Agreement, the parties shall comply with the Privacy Laws and Privacy Act 2020.
2. Integration: Renti will access the Bureau and any other third parties’ API for the purposes of making an Access Request and retrieving the resultant Access Report, and subject to Renti’s compliance with the Agreement, the Bureau and other third parties agree to provide such access to Renti.
3. Security of information: Each party to the Agreement warrants that it will keep all Personal Information secure and in accordance with standards of information protection recognised as best practice within the industry and outlined within the Privacy Principles in accordance with the Privacy Act 2020. In the case where the Applicant has interacted directly with the Renti Platform, Renti agrees and acknowledges that it has the sole obligation to obtain the relevant consent from the Applicant before providing the Applicant Information to connected third parties.
  1. The Agency agrees and acknowledges that in the case where it has provided information on behalf of the Applicant, the Agency has the sole obligation to obtain the relevant consent from the Applicant before entering Applicant information into the Renti Platform.
Payment Terms
1. The Fees Schedule is outlined in your Order For Services.
2. Changes to Pricing: Renti reserves the right to change the Fees Schedule pricing on its core Renti Platform and any of its add-on features with 60 days written notice to the Agency.
3. New and Additional Features: Renti reserves the right to make changes to the Fees Schedule based on new services that are offered and subscribed to via the Agency, by providing 30 days’ notice. If new services are added, a new Fees Schedule will be agreed by both parties in writing, and the terms of this contract will remain in place.
4. Booking Software: Renti’s Booking Platform is a feature available for both new and existing agencies who subscribe to the Renti Platform. The booking feature is charged as a monthly subscription cost per agency based on the number of Managed Properties as per Clause 6d of this agreement, plus any SMS charges beyond the subscription inclusion.
5. Monthly Reporting: On the first working day of each month, Renti will provide the Agency with a report summarising the total number of variations and credit checks from the previous month (“Monthly Report”). For the avoidance of doubt, a Monthly Report is Confidential Information.
6. Report Details: Each Monthly Report will contain the number of Tenant Variations/Tenant Change and the total value of the fees payable by the Agency to Renti and vice-versa.
7. Payment: Accompanying each Monthly Report, Renti will issue the Agency an invoice for the total fees payable to Renti in respect of the Tenant Variations/Tenant Change, Booking Platform, and SMS usage and costs identified in the Monthly Report. The Agency shall pay Renti such fees on the 20th of the month following the date the invoice is issued.
8. Late Payment: If any fees remain unpaid for more than 10 days beyond their due date, provided Renti has notified the Agency in writing of this default and allowed the Agency a further 10 days to pay, Renti may (without limiting Renti’s rights or remedies):
  1. suspend the supply to the Agency of the Tenant Variation/Tenant Change, SMS costs, and booking tool;
  2. charge interest at lesser of 1% per month or the maximum interest rate permitted by applicable law on those outstanding fees from the date on the invoice becomes overdue;
  3. terminate this Agreement; and
  4. take action to recover those outstanding fees or other amounts owing to Renti (including any interest), and all costs and expenses incurred in recovering them including all legal costs.
Agreements
1. The content for the Tenancy Agreement available through Renti will be provided to the Agency, via the Renti Platform, by Renti Ltd, with the support of third-party organisations such as; REINZ, MBIE, and the OPC. The Agency can upload their own Agreements and custom clauses if they prefer.
Third-Party Providers
1. Renti, via the Connections Department within its business, works with third-party providers, to assist tenants with their move. This may, but is not limited to setting up their utilities and accessing discounted rates for services related to their move.
2. Applicant’s information will only be shared with third parties if the Applicant directly consents or opts-in to their information being shared and engaging in these services. Renti takes no responsibility or liability if the Applicant chooses to engage the services provided by third-party providers referred to in clause 8a.
Intellectual Property
1. Intellectual Property Rights Remain: All Intellectual Property will remain the property of the originating party or its licensors unless otherwise agreed.
2. Third-Party Infringement: Each party shall ensure its Intellectual Property disclosed or used in accordance with (or for the purposes of) this Agreement does not infringe a third-party’s Intellectual Property.
3. Agency Brand on Renti Platform for the Term of this Agreement: the Agency grants Renti a non-exclusive licence to use and publish the Agency’s Brand Features for the purpose of presenting Agencies Brand Features to Applicants. Renti must obtain the written consent of the Agency for any changes to the Agency’s Brand Features.
4. Use of Brand Features: Except as expressly provided in this Agreement, a party shall not use the Brand Features of the other without consent.
5. Malicious content: The parties shall take reasonable steps to ensure that no virus, malware, spyware, or other malicious content is introduced into:
  1. the Renti Platform;
  2. the Renti Website;
  3. the Agency website; or
  4. the computer systems, electronic hardware, or software of either party.
Reputation & Relationship
1. Each party will not do anything that would bring the other into disrepute.
Confidentiality
1. Meaning: “Confidential Information” means any information disclosed by one party to the other party under this Agreement that is marked as confidential or, from its nature, content or the circumstances in which it is disclosed might reasonably be supposed to be confidential and includes (but is not limited to) any of the following information if disclosed: the product developments, software source code, market strategies, market information, margins, trade secrets, know-how, research and development, inventions, market research, marketing, management or business operations of either party (or of their suppliers, customers or personnel), pricing and financial activities. Confidential Information does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient or that was lawfully given to the recipient by a third party. To avoid doubt, as between the parties and for the purpose of this Agreement Applicant Information disclosed to the Agency by Renti in accordance with this Agreement is not Confidential Information.
2. Limited Disclosure: Each party acknowledges the confidential nature of, and each party’s Intellectual Property in, the Confidential Information and will not use, copy, or disclose any Confidential Information of the other party (whether to the media, a competitor, or any other person) other than:
  1. as required by law;
  2. as required by the rules of the NZX or ASX stock exchanges, or other regulatory body lawfully exercising its powers;
  3. as is necessarily required to perform the disclosing party’s obligations under or obtain the natural and intended benefit of this Agreement;
    to its professional advisers;
  4. information already in the public domain; or
  5. with the written consent of the other party.
3. Use of Confidential Information: Each party shall only use Confidential Information disclosed to it by the other for the purpose of giving effect to this Agreement.
4. Confidentiality Precautions: Both parties will take all reasonable steps necessary to prevent any unauthorised use or disclosure of any Confidential Information, and shall ensure that their employees, contractors, sub-contractors, volunteers, and agents are aware of the confidentiality obligations arising under this Agreement.
5. Agreement Confidential: The parties agree to keep the terms of this Agreement, and any information that relates to the terms of this Agreement, confidential.
6. Pricing: Any pricing, and invoices supplied by Renti to the Agency for subscription costs, SMS charges, or any other fee are confidential and must not be disclosed to any third party.
7. Subscription Model: The formation and subsequent fee structure, not limited to the actual costs is confidential and must not be disclosed to any third party.
Liability
1. There is no intention to limit liability that cannot be excluded by law. Nothing in this clause is intended to exclude or limit any liability of a party that cannot by law be limited or excluded.
2. To the extent permitted by law, the parties agree that the Consumer Guarantees Act 1993 does not apply in the following circumstances; namely ‘Applicant Information’.
  1. Renti makes no warranty as to:
    1. the reliability of Applicant Information provided to the Agency; or
    2. the results to be obtained by Renti from the use of the Applicant Information.
3. Notwithstanding Clause 12b which removes liability for the accuracy of information provided by the prospective tenant, Renti Ltd is still subject to the Consumers Guarantee Act 1993 for services outlined in this Agreement.
4. Given that Renti obtains data from various sources, the Agency acknowledges and agrees that:
  1. Renti relies on the completeness and accuracy of the information provided to it by the Applicant and other third-party data providers when providing the Access Reports and all products, information, and services are supplied by Renti on an "as is" and "as available" basis;
  2. to the maximum extent permitted by law, Renti excludes all liability for inaccurate, incomplete, out of date or unavailable information; and
  3. the Agency (and any third party) is solely responsible for any decision made or not made in relation to any information, product, or services supplied by Renti.
5. In relation to all information Renti provides to the Agency, the Agency represents and warrants that:
  1. the Agency holds all necessary legal rights, title, consents, and authority to provide that information to Renti; and
  2. except for information provided to Renti by an Applicant, all other information provided by the Agency to Renti is accurate, up to date, and complete at the time it is provided.
6. Renti Portal: Renti shall under no circumstances be liable to the Agency for any suspension or failure of Renti Portal (whether technical or otherwise) which prevents Applicants from being able to make an Application. Renti does not warrant that the Agency shall have uninterrupted or error-free access to Renti Portal.
7. Consequential Loss Excluded: The liability of a party to this Agreement shall not in any circumstances include any indirect or consequential loss or damage, or any loss of business or profits suffered by another party to this Agreement.
8. Indemnity: Subject to the other provisions of this clause 12, each party indemnifies the other from and against any claim, demand, expense, liability, or cost reasonably incurred or suffered by the other party for:
  1. any breach of a third party's intellectual property rights; and
  2. any wilfully harmful or grossly negligent act or omission.
9. Liability Cap: Notwithstanding any other provision of this clause 12, for any event(s) occurring during the term of this Agreement, except for a breach of clauses 9 (Intellectual Property) or 11 (Confidentiality), the total liability of a party for such event(s) (together in aggregate) shall under no circumstances exceed $50,000, or the value of money paid by the Agency to Renti in relation to Applications in the 12 months prior to the event(s), whichever amount is higher.
10. Mitigation: A party must take all reasonable steps to avoid or mitigate any loss or liability that it might suffer or incur in relation to this Agreement (including under an indemnity).
Assignment
1. Neither party may assign nor be released of its rights or obligations under this Agreement without the prior consent in writing of the other party (which shall not be unreasonably withheld). However, either party may assign its rights or novate this Agreement to any of its related bodies corporate or in connection with a merger or consolidation involving the assigning party or the sale of substantially all of the assigning party’s assets.
Force Majeure
1. Force Majeure: Either party may suspend its obligations to perform this Agreement if it is unable to do so as a direct result of:
  1. an earthquake, fire, flood, or other act of God or other circumstance of a similar nature beyond its reasonable control;
  2. any outbreak or escalation of hostilities, war, riots, or civil disorders in any country;
  3. any act or omission of the other party or any government authority;
  4. any labor disputes (whether or not employees’ demands are reasonable or within the party’s power to satisfy);
    
    but does not include any event or circumstance which:
    ‍
  5. could have been prevented or avoided by the affected party adopting reasonable business continuity practices; or
  6. cannot be circumvented or remedied by the affected party through the use of alternate sources, workarounds, or other means.
2. Suspension and Termination: Any such suspension of performance must be limited to the period during which the force majeure circumstance continues. If the force majeure event continues for more than thirty (30) days, then the other party may immediately terminate this Agreement.
Termination
1. Immediate Termination: A party may terminate this Agreement immediately beyond the initial 12-month minimum Term by giving written notice to the other party (“recipient”) if the recipient:
  1. enters liquidation, becomes insolvent, or otherwise is unable to satisfy its payment obligations to creditors as they fall due;
  2. has a receiving order made against it or the recipient makes or negotiates for any composition or arrangement with or assignment for the benefit of creditors;
  3. is subject to a court order, or the recipient passes a resolution, for the winding up of the party;
  4. a receiver, administrator, or similar officer is appointed in respect of the recipient’s undertakings or assets; or
  5. is in breach of this Agreement, and the recipient has failed to remedy such breach within thirty (30) days of receiving written notice of the breach from the notifying party.
2. Termination with Notice: A party may terminate this Agreement beyond the initial Term upon 30 days of prior written notice to the other party (“recipient”) if the recipient:
  1. infringes or misuses the other party’s intellectual property (subject to the rights provided for under this Agreement); and
  2. the recipient has failed to rectify or remedy the breach or infringement within that 10 working day notice period.
3. Early Termination: Should an Agency wish to terminate the Agreement before the initial 12-month Term lapses;
  1. the Agency must pay an early termination fee equivalent to three-months subscription fee for the Booking Platform.
  2. Should the Agency not have a subscription to the Booking Platform, a one-off termination fee of $500+GST will be charged.
  3. Any fee for an early termination is payable within 30 days of providing notice.
4. Survival: The termination or expiry of this Agreement will not affect the rights or obligations of any party which have accrued prior to or upon termination which by their nature are intended to survive termination or expiry, including (but not limited to)
  1. Clause 5 (Privacy);
  2. Clause 6 (Payment Terms);
  3. Clause 9 (Intellectual Property);
  4. Clause 11 (Confidentiality);
  5. Clause 12 (Liability);
  6. Clause 16 (Dispute Resolution); and
  7. Clause 19 (General).
Dispute Resolution
1. If any dispute arises between the parties in connection with this Agreement (“Dispute”), the parties shall attempt to resolve that Dispute through discussions between the parties’ relationship managers identified in the Order For Services form.
2. If a Dispute is unable to be resolved between the parties’ relationship managers, either party may give written notice requiring the CEO, COO, or equivalent of the parties to meet with a view to resolving the dispute. Unless the parties agree otherwise, the parties’ CEO, COO, or equivalent must meet no later than:
  1. 10 working days after such notice is given, if the CEO, COO, or equivalent are in New Zealand; or
  2. 20 working days after such notice is given if either or both the CEO, COO, or equivalent are outside New Zealand.
3. If the parties are unable to resolve a Dispute having followed the procedure outlined in clauses 16a and 16b, or a party’s CEO, COO, or equivalent refuse to comply with clause 16b, each party shall be free to pursue any legal remedies available.
4. Nothing in this clause 16 shall prevent the parties from seeking immediate injunctive relief.
Service Level Agreement & Support
1. As part of this Agreement and ongoing commitment to our clients, Renti Support is available during Business Days between 9:00 am to 5:00 pm.
2. Renti Support is provided at no cost to agents and any employee, contractor, or client, that includes tenants that are involved with the agent's business.
3. Day-to-day support for clients is free of charge unless;
  1. general documentation that includes, but is not limited to; Tenancy Agreement clauses, property management authority clauses, or any other one-off documents is required by a client that is in addition to the Renti Platform; and
  2. any bespoke clauses or documents set up outside of the service level agreement remain the property of the client and will not be used, copied, or sold to other Agencies.
4. If the Renti Platform suffers from an outage, reduced performance, or other faults, Renti will inform the client of any outage in the form of a Renti Incident Report sent via email to the agents nominated recipient.
  1. Upon notification of an outage or issue, the Renti Incident Report will advise the client of what the issue is, time of notification, components affected, and when the outage or incident is resolved.
  2. All clients will receive a subscription notification for the Renti Incident Report and the ongoing subscription to the Renti Incident Report needs to be maintained by the Agency should the nominated person cease to work in the agent's business.
5. To the best of our ability, Renti will, for the term of this Agreement, maintain documentation, processes, workflow, and general features as part of the Renti Platform, to meet and adhere to the Residential Tenancies Act 1986, Privacy Act 2020, Health & Safety at Work Act 2015 and Healthy Homes Standards 1 July 2019.
  1. If changes are made as a result of legislation or regulations imposed by a regulatory body, Renti will communicate any changes to its clients via its customer support team. This would be in the form of general email updates, newsletters, and phone calls.
  2. Renti takes no responsibility for the ongoing training with respect to legal or regulatory changes to the Laws and Acts to which we are accountable to.
  3. To the best of our endeavours, Renti will provide support to Agencies and their staff when legal support is required on the preface that the support question is in relation to the Renti Platform.
  4. Renti is not a specialised legal support business and at all times we recommend seeking specialist advice from industry bodies such as REINZ, MBIE, and the Office of the Privacy Commission.
6. If a client is audited by MBIE in relation to the standard documentation provided by Renti; the Agency agrees to advise Renti if any changes or adverse findings are discovered and Renti Support agrees to review such feedback in accordance with this clause 17.
Notice
1. Address for notice: The Address for service of notices for the Agency under this Agreement will be the same as provided on the Order For Services form. The address for service of notices for Renti is:
  Drake Farmer
  COO
  Renti Limited
  PO Box 99446, Newmarket, Auckland 1149
  Phone: 027 357 9714
  Email: drake@renti.co
2. Form of notice: Any notices must be delivered by:
  1. email;
  2. registered post; or
  3. signature required courier.
3. Postal Notice: Any notice given by registered post or signature required courier will be deemed to be received on the next working day after delivery.
4. Email Notice: Any notice given by email will be deemed to be received on the day it is electronically sent, unless:
  1. the email is sent at any time after 5 pm on a Business Day; or
  2. the email is not sent on a Business Day, in which case, the email will be deemed to be received on the next Business Day.
General
1. Costs: Each party shall bear their own costs in relation to the negotiation, preparation, and execution of this Agreement.
2. No Waiver: The failure of a party at any time to enforce any right in respect of this Agreement (other than any option which this Agreement specifies must be elected or exercised by a particular time or during a particular period) does not operate as a waiver of those rights. A waiver will only be effective if it is in writing.
3. Variation: No amendments or variations shall be made to this Agreement unless they are in writing and signed by both parties.
4. Jurisdiction: This Agreement is governed by and is to be construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
5. Severability: If any provision in this Agreement is held to be invalid, illegal, uncertain, or unenforceable, the validity, legality, certainty, and enforceability of the remaining provisions will not be in any way affected or impaired and the infringing provisions will be severed from the Agreement unless the fundamental nature of the Agreement would be altered by such action.
6. No Agency or Partnership: nothing in this Agreement shall be construed as creating, or evidencing, a relationship of agency, partnership, or joint venture between the parties.
  Counterparts: This Agreement may be executed in two or more counterparts, all of which, together, will be deemed to constitute one and the same Agreement. A party may enter into this Agreement by signing a counterpart copy and sending it to the other party, including by email.
7. Entire Agreement: These Terms and Conditions in conjunction with the Order For Services form constitute the entire agreement between the parties for the subject matter referred to herein. Any prior arrangements, agreements, representations, or undertakings are superseded.
8. Authority: Each party warrants that the signatory to this Agreement is authorised by, and has full authority to bind the party.
9. Legal Advice: Each party acknowledges that it has had the opportunity to seek legal advice in respect of the contents of this Agreement.
Definitions
In this Agreement, unless the context otherwise requires:
1. “Access Report” means a report provided by Renti that is in response to an Access Request that the Applicant either requests themselves or gives the Agency permission to request for the purposes of selecting the suitability for a rental property, whereby: the Credit Information will be the same as the Credit Information reported by Centrix, Equifax or any credit bureau that is accessed through the Renti Platform, in a Tenancy Credit Report; and Identification Verification directly from the New Zealand Transport Association or from the Department of Internal Affairs in the case of New Zealand identity documents; and the Access Request is made by Renti as a duly authorised Agent of the Applicant; the report is provided to the Agency via Renti as a duly authorised Agent of the Applicant;
2. “Access Request” means a request by an Applicant to have access to some of their credit, identity, or background information held by any third party provider that is included in the Renti Platform, being the same information that is provided in a Tenancy Credit Report, and the request is made via Renti as a duly authorised Agent of the Applicant;
3. “Access Services” means the assistance provided by Renti to Applicants in making an Access Request and in obtaining an Access Report;
4. “Act” means the Residential Tenancies Act 1986;
5. “Agency” means the business that is signing this Agreement and all of the employees that work for the business;
6. “Agency Contract” means the Order For Service form and the Terms and Conditions together form the Agency Contract;
7. “Agent” means a person employed by the Agency to engage with Renti for the purposes of onboarding new Applicants/tenants;
8. “Agreement” means the Renti Agency Contract;
9. “Applicant” means an individual or individuals applying via the Renti Platform to be a tenant or tenants at a rental property;
10. “Applicant Information” means the information collected by Renti through the tenant application process including an Applicant’s first and last name; an Applicant’s date of birth; an Applicant’s current address and any previous address of the Applicant;
11. “Booking Platform” means a platform that allows property managers to schedule, manage, and conduct viewings of rental properties for prospective tenants;
12. “Brand Features” means the trade names, trademarks, logos, domain names, and other distinctive brand features of each party, respectively;
13. “Bureau” means predominately Centrix, but may also refer to other credit bureaus;
14. “Business Days” means any day that is not a Saturday, Sunday, national public holiday, or public holiday in Auckland New Zealand;
15. “CEO” means chief executive officer;
16. “Code” means the Credit Reporting Privacy Code 2020;
17. “Commencement Date” means the date on which the Agreement starts and any billing or subscription costs will also start from this date;
18. “Confidential Information” has the meaning given to it in clause 11a;
19. “Connections” means a free service provided by Renti to successful tenants to secure and set up utilities such as electricity, broadband, and gas;
20. “Connections Department" means the team within the Renti business that does utility connections;
21. “Connections Provider” means Renti Limited;
22. “COO” means Chief Operating Officer;
23. “Credit Information” means the details of a credit score provided by Centrix or Equifax;
24. “Customer Contract” means the contract between Renti Ltd and you;
25. “Fees Schedule” has the meaning given to it in clause 6a;
26. “GST” means the goods and services tax payable in accordance with the Goods and Service Tax Act 1985;
27. “Identification Verification” means the matching of details to a valid data source like the NZTA.
28. “Intellectual Property” means any right to, and any interest in, any patent, design, trade mark, copyright, know-how, trade secret or any other proprietary right or form of intellectual property (whether protectable by registration or not) in respect of any technology, concept, idea, data, program or other software, specification, formula, drawing, program, design, system, process, logo, mark, style or other matter or thing, existing or conceived, used, developed or produced by any person (and includes a party’s Brand Features);
29. “Initial Term” means a term of 12 continuous months;
30. “Landlord” means the owner of the relevant real estate;
31. “Managed Properties” relates to the number of active properties under management in the portfolio at the Commencement date and for the duration of this Agreement;
32. “Order For Services” includes the services provided by Renti, Commencement Date, Agency details, Agency contact details including relationship manager, Fees Schedule, and acceptance of the Terms and Conditions;
33. “Payment Schedule” means the services and related fees agreed to as part of this Agreement;
34. “Privacy Laws” means all applicable laws, regulations, and rules relating to the collection, use, storage, and disclosure of personal information, and includes the Privacy Act 2020 and the Code;
35. “Property Manager” means a person that manages rental real estate on behalf of, and in the capacity as agent of, a Landlord;
36. “Rental Provider” means a Property Manager or Landlord who is an authorised user of the Renti Platform;
37. “Renti Connections Team” means the Connections Department;
38. “Renti Incident Report” means an email sent out by Renti’s product team to alert users of an outage or ill-affected part of our platform or a third-party’s platform affecting Renti’s platform;
39. “Renti Platform” means the online platform hosted by Renti which connects Rental Providers and Applicants, and provides related services, including services that assist users in making tenancy applications and tenancy agreements
40. “Renti Website” means the website www.renti.co;
41. “Social Media” means other platforms to facilitate communication when booking to view properties that are not through usual means such as SMS, phone, or Email and without limitation, such Social Media platforms could be ‘Messenger’ ‘WhatsApp’ WeChat’;
42. “Tenancy Agreement” means the agreement sent by Renti’s Platform by a Property Manager/owner to the successful applicant;
43. “Tenancy Application” means an application filled out by the prospective tenant through Renti’s software platform;
44. “Tenancy Credit Report” means the Credit Information reported by Centrix (or any credit bureau that is included in the Renti Platform) to a Rental Provider, and to avoid doubt does not include Credit Account Information;
45. “Tenant Variations/Tenant Change” means the workflow within the Renti Platform that enables the Property Manager to vary the Tenancy Agreement and/or Change one or more of the tenants residing in the property;
46. “Term” means the length of the agreement;
47. “Utility Connections” means the act of connecting power, broadband, and/or gas to a newly secured property for tenants of the Renti Platform. This can also include other services provided to the tenants such as, but not limited to, Sky TV.
Interpretation
In this Agreement, unless the context otherwise requires:
1. a reference to a party includes a reference to its successors in title and permitted assigns, and (where the context so permits) its employees, contractors, subcontractors, agents, and representatives;
2. a reference to a document (including this Agreement) is to that document as amended, novated, ratified, or replaced from time to time;
3. a reference to a “person” includes a natural person and anybody or entity whether incorporated or not;
4. references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision that amends or replaces it and any bylaw, regulation, order, statutory instrument, determination, or subordinate legislation made under it;
5. a reference to “use” in relation to software includes reference to the execution, transmission, performance, or display of that software;
6. the headings to clauses and paragraphs shall be ignored when construing this agreement, and words importing the singular include the plural and vice versa.