Last updated: 01 / 07 / 2020
reOS is a software system and service (collectively referred to below as “the Service”) for the management of rental collections, third party payments and other property related transactions.
By accepting these terms, you are authorising us to enter into a software license and service subscription agreement with you.
You are also authorising us to collect and hold payments in a bank account operated on your behalf and to transmit payment instructions initiated via the Service to payment execution providers such as banks or other deposit holding institutions.
We cannot and do not guarantee that the Service will operate in accordance with your expectations. It is your sole responsibility to familiarise yourself with the features of the Service and to ascertain its suitability for your own requirements and purposes. If you are not satisfied with the Service at any time, you are free to cancel your subscription and to payment of the net balance of any amounts standing to your credit at that time.
Access to the Service is provided strictly in accordance with these terms and conditions. We reserve the right to modify these terms and conditions at any time on notice to you. Your continued use of the Service after the delivery of any such notice shall be deemed to constitute your acceptance of the modified terms.
Submission of the Get Started or Customer Set Up Forms on our website by you does not automatically oblige us to provide the Service to you. We reserve the right to grant access to the Service in our sole and unfettered discretion.
Where we grant access to the Service to you, we grant you a non-exclusive and non-transferable licence to use the Service. You are permitted to authorise multiple users of your Service account and you will be responsible for all of their actions. One user must be nominated as your Service account administrator at all times and the email address that you provide for this user shall be the address at which you agree to receive any important notices from us.
You agree to not sub-licence or in any way exploit the Service for commercial gain under any circumstances and agree to use it only for your own lawful purposes.
You agree that the information you supply during the process of signing up for your Service account will be true, accurate and complete.
We reserve the right to refuse to grant or to suspend or terminate access to the Service where you provide false or misleading information during sign-up. You and your delegated account users will be responsible for preserving the confidentiality of your user account passwords and other security credentials. You agree to keep us informed of any change in the information you provided at the time of your initial sign-up. You also agree to notify us immediately of any known or suspected unauthorized use of your account.
You agree not to copy, modify, translate, function map or create derivative works based on the Service, nor reverse assemble, de-compile or reverse engineer any component of the Service, whether in whole or in part, or otherwise attempt to derive any source code used in the Service, nor shall you permit, whether directly or indirectly, the sale, lease, sub-licence, transfer or assignment of the Service; nor shall you remove or alter any proprietary notices, logos or labels on or in the Service or graphical user interface for the Service.
You acknowledge that improvements, changes or upgrades to the Service may be made from time to time in order to meet new user demands and to keep pace with technology trends and changes. You agree that we may suspend or interrupt the operation of the Service for purposes of both scheduled and unscheduled maintenance or to make improvements or changes from time to time. Although we intend to constantly improve the Service, we do not guarantee to release new features or Service additions and, where we do so as optional extras that can be added to your account, we reserve the right to do so on separate commercial terms.
We do not warrant that the Service will be free from defects or that access to the Service shall be uninterrupted at all times.
We cannot and do not guarantee the availability to you of any third party content, links or services that may be provided from the Service.
You agree to comply with all applicable laws and regulatory requirements relating to your use of the Service. We do not warrant that use of the Service shall ensure your compliance with any law, regulation or industry code of conduct to which you may be subject. You also agree to comply with all reasonable instructions and training that we may give to you relating to your usage of the Service.
You must not use the Service to circulate, send or distribute any information or data that would be in contravention of any regulations or legislation including regulations or legislation governing financial services, money laundering or anti-terrorism or which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of confidence or any other laws or any acceptable usage policies that we may introduce or revise from time to time.
We warrant that we own or are licensed to operate and provide the Service and to license the Service to you. You agree not to copy, modify or decompile the Service, nor attempt to do or enable anything which would prejudice our intellectual property rights or those of our licensors.
You acknowledge that any and all intellectual property rights embodied in or associated with the Service are, and will remain, our sole property and/or the property of our own licensors. Nothing contained in these terms and conditions shall convey any title or proprietary rights to you in or over the Service other than expressly provided for herein.
We reserve the right to update, modify, restrict access to or close the Service or any part of it at any time in our sole and unfettered discretion.
FEES & CHARGES
Fixed subscription fees shall be due and payable monthly in advance. Service and deposit administration fees shall be due and payable monthly in arrears. We will be entitled to debit our fees and charges, including any third party fees and charges, against any commission payments made from your account in accordance with our standard rates & charges as and when they fall due. You will be responsible for making payment of any amounts due to us which we are unable to debit against the balance held on your account at any time together with interest on any unpaid amounts at the rate of two percent per month.
All of our fees and charges shall be capable of revision by us on not less than one months’ notice to you. In addition, where any third party service provider, such a payment execution or banking service provider, on whom the provision of our own Service depends, increases its fees and charges during the existence of our Service agreement with you, we shall be entitled to immediately increase our own fees and charges for reasonably affected components of our Service by the same percentage as the increase that was imposed by the third party concerned.
You agree that you shall be solely responsible for all activity that takes place on your user accounts to the Service. You acknowledge that we shall not be liable for any losses, damages or harm that results from the submission of incorrect or fraudulent payment instructions on your account. You agree to indemnify, defend and hold us harmless including our officers, directors, employees, agents, licensors and suppliers, from and against any and all liabilities, fines, losses, expenses and damages resulting from the supply of any inaccurate information or the failure to maintain or update any information whenever reasonably necessary.
You agree that we shall not be liable to refund or return any payments made in error by anyone on your account. You acknowledge however that we may receive instructions from financial institutions to reverse payments that have been made and you irrevocably authorise us to act on these instructions. We shall notify you of any such instructions that we receive.
You agree that where any third party payment execution provider fails to properly execute a payment instruction resulting in financial loss or other harm to you or your own clients, we shall cede to you any claim that we may have against that third party in those circumstances. You undertake to accept cession of our claim as your sole and exclusive remedy against us in these circumstances and we agree to provide all reasonable assistance to you in support of your claim against the third party concerned. You agree to indemnify and hold us, our directors, office bearers, contractors and employees harmless against any and all claims arising from your actions or omissions, including the actions or omissions of your authorised users, or from the actions or omissions of any other person or arising from the unavailability or discontinuance of the Service at any time.
Without detracting from any other provision in these terms and conditions, you agree that we shall have no liability to you under any circumstances howsoever arising except where we intentionally misconduct ourselves or act in a grossly negligent or reckless manner or act in breach of any statutory or regulatory duty to which we are subject.
Nothing in these terms and conditions shall be deemed to constitute a partnership or joint venture between us and no express or implied condition, representation or warranty (whether statutory or otherwise) in respect of the Service (including as to condition, quality, performance or fitness for purpose) is given by us and all such conditions, representations and warranties are excluded except to the extent that their exclusion is prohibited by law.
If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other provision of these terms and conditions.
A failure by us to enforce a provision of these terms and conditions or to take action in relation to a breach by you does not constitute a waiver and does not prevent us from subsequently enforcing that provision or from acting on that breach or any subsequent breach by you.
Our rights and/or duties under these terms and conditions may be transferred to any person on written notice to you. You must not transfer any of your rights or duties under these terms and conditions without our prior written consent.
Any notice or other communication related to these terms and conditions must be delivered to us by email to firstname.lastname@example.org
These terms and conditions constitute the whole agreement between us and no side agreements nor any representations or warranties other than those set out herein or expressly incorporated by reference shall be binding unless recorded in writing and signed by us. You agree that no changes, variations or modifications to these terms and conditions, including to this clause, shall be binding unless agreed to in writing and signed by us.
reOS is committed to business practices in compliance with the Protection of Personal Information Act 4 of 2013 ("POPI"). By registering as a user of reOS, you agree that we may process your personal information in terms of this clause as may be amended from time to time, or such further privacy policies that may be published on the Website, in compliance with POPI.
Personal information means personal information as defined in POPI, and includes, but is not limited to, your full name, surname, email address, identity number, contact details and transactional data as well as that of your clients.
We collect information about you as follows:
- Information you provide to us through registration;
- Information you provide through any communications with us;
- From third party sources like banks We will only hold and use your personal information which we reasonably need to perform our duties in pursuance of any agreement we may have with you, consider or respond to interaction by you or fulfil our regulatory or other business obligations.
We will protect and manage personal information that we hold of you by using appropriate electronic and computer safeguards such as firewalls, access controls, data encryptions, and other security measures.
We will keep your personal information confidential and only share it with third parties for the purposes explained in this clause, insofar as you have consented thereto, or insofar as we may become legally obliged or entitled to do so. We have trusted relationships with carefully selected third parties who perform Services on our behalf, situated within South Africa, to process and aggregate account information. All service providers are bound by contract to maintain the security of your personal information and to use it only as permitted by us.
By agreeing to these Terms, we may contact you with regards to Services or products offered by us or other companies in our group or approved by us, in which we believe you may be interested; or to carry out market research about our Services or products or those of third parties. We may also pass information to third parties approved by us so that they may contact you about Services or products in which they believe you may be interested, from time to time. You may opt-out from receiving any such marketing communications at any time by phoning us or by unsubscribing.
You further consent that we use your personal information in order to communicate with you, including the receipt of account-related notifications and alerts.
You have a right to access certain personal records we hold of you. Requests can be made in writing to email@example.com - Fees to obtain a copy of your personal information record are prescribed in terms of POPI, which we will quote to you before we supply you with any such personal information.
We want to make sure that your information is accurate and up to date. You may ask us to correct or remove any information that you think is inaccurate and you can do so by sending us an e-mail to firstname.lastname@example.org
For any questions or concerns about this clause and your personal information, please contact us on email@example.com
reOS complies with all relevant regulation that govern the South African Rental industry.
Estate Agency Affairs Act, 1976 (Act No. 112 of 1976)
Rental Housing Act, 1999 (Act No. 50 of 1999)
Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)
Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)
PASA & TPPP Compliant