Terms of Use

1.1 User Relationship. Rent-on-time™ acts as an independent third party facilitator of rent/lease and related payments from commercial and residential tenants to Landlords and/or Property Managers. Rent-on-time™ will at all times hold Landlord funds in a Trust Account separate from its corporate funds account, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Rent-on-time is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Rent-on-time is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

By initiating and making payments through the Service the Tenant authorises Rent-on-time™ to charge your credit card or to instruct your financial institution to obtain the funds on your behalf, or accept funds on your behalf, and to send the funds to the recipient that you designate into Rent-on-time’s Trust Account, subject to the terms and restrictions of this Agreement. When Tenants initiate a payment, Rent-on-time™ will collect the funds into its Trust Account and transfer the funds less the processing convenience fee and settle the funds to the benefit of your nominated party’s (Landlord or Property Manager’s) New Zealand bank account. When you make a payment, until that payment clears our risk checks and is accepted by the recipient (which may occur instantly or take a few days), you remain the owner of those funds and Rent-on-time™ holds those funds for your benefit and on your behalf, but you will not be able to withdraw those funds or send the funds to any other recipient unless you cancel the initial transaction.

1.2 Rent-on-time™ is only a Payment Service Provider/Facilitator.

Rent-on-time acts as a payment service provider by creating, hosting, maintaining and providing our Service to Tenants, Landlords and Property Managers via the Internet. Rent-on-time is not a remittance business or a money transfer business.

1.3 Authorisation to act as a Billing Agent. Landlords and Property Managers authorise Rent-on-time to act as a Billing Agent in the collection of rental payments and rent related expenses on their behalf.

1.4 Identity Authentication. We use many techniques to identify our users when they register on our site. A user's “Verified” status (as defined below) is only an indication of increased likelihood that a User's identity is correct. You authorise Rent-on-time, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, Rent-on-time cannot and does not guarantee any user's identity.

1.4.1 Release. In the event that you have a dispute with one or more users, you release Rent-on-time™ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

1.4.2 No Warranty. WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Rent-on-time™ shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as unforeseen delays in the banking system.

1.4.3 Limitation of Liability. EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

1.4.4 Indemnification. You agree to indemnify and hold Rent-on-time, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

All fees are set forth in the Frequently Asked Questions (FAQ) section. All fees will be assessed in the currency of New Zealand dollars (NZD). Your account and all transactions are made and displayed in NZD dollars. All fees related to the Service, are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Tenants will be charged a convenience fee as a percentage of the total dollar value of transaction. Landlords and Property Managers will be charged an annual license fee as set out in the FAQ section.

The Landlord will be responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties, and other liability incurred by Rent-on-time™, a Rent-on-time™ User, or a third party. In the event of any of these events, you will owe Rent-on-time for the amount of the reversal, chargeback, Claim, plus any fees imposed on or incurred by Rent-on-time as a result of the reversal or chargeback. Rent-on-time will seek to recover these funds from you to collect your debt to Rent-on-time by any legal means.

3.1 Dispute Resolution In order to ensure the integrity of a transaction Rent-on-time™ reserves the right to hold funds from transactions by placing them in a “pending” or hold status beyond the normal distribution period. Rent-on-time™ may do this in order to mitigate risk related to transactions it considers suspicious.

4.1 Definition."Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. Failure to provide true and accurate identification information is prohibited. Rent-on-time™ will restrict your account and limit your access to funds should you fail to provide true and accurate information at registration.

4.2 Trademarks. Rent-on-time.com, Rent-on-time™, and all related logos, products and services described in this website are either trademarks or registered trademarks of Rent-on-time, Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Rent-on-time. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Rent-on-time and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rent-on-time.

5.1 The Tenant will be deemed to have authorised the Account to be debited or charged with the rent and the Convenience Fee described within the Rent-on-time website. The Tenant initiates payment online through the secure login portal at www.rentontime.co.nz. The Tenant requests Rent-on-time to initiate a payment; and/or the Tenant initiates payment via the telephone payment system (IVR) operated by Rent-on-time™.

5.2 Rent-on-time™ will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 5.1. The Tenant must notify Rent-on-time™ immediately of any suspected fraudulent activity by calling +64-9-968-6260.

5.3 Regardless of whenRent-on-time™ processes a payment in accordance with these Terms, the payment will not be regarded as completed unless and until the financial banking entity issuing the Account authorises and settles the payment according to the settlement arrangements relating to the payment. Rent-on-time will not be obliged to process a payment authorised under paragraph 5.1 after 5.00 pm for credit card or 4:30pm for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.

5.4 The Tenant releases and indemnifies Rent-on-time™ and against any action claim, loss, proceeding, cost, liability or expense (a "Claim") suffered or incurred by the Tenant in relation to, in connection with or as a direct or indirect result of any failure by the Tenant to pay rent unless that failure occurs due to a breach by Rent-on-time of these Terms.

5.5 As a separate, primary and severable liability, you indemnify and must keep Rent-on-time™ indemnified from and against any Claim suffered or incurred by Rent-on-time in relation to, in connection with or as a direct or indirect result of any payment or purported payment of rent. It is not necessary for Rent-on-time to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make payment before enforcing a right of indemnity conferred by these terms and conditions.

5.6 The Tenant will pay to Rent-on-time™ the Convenience Fee identified in the Rent-on-time website. Any Authorisation under paragraph 4.1 will be deemed to include an Authorisation for Rent-on-time to debit or charge the Account with this convenience fee at the same time as a payment is made.

5.7 In the event of a bank account payment that the Tenant initiated subsequently being rejected by the Tenant's bank or another party, the Tenant will pay to Rent-on-time a fee (a "Failed Payment Fee") of $15 (including GST). This Failed Payment Fee will be automatically deducted from the Tenant's nominated account four days after Rent-on-time receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, Rent-on-time™ reserves the right to cancel all payment arrangements immediately. The Failed Payment Fee does not apply to rejected credit card payments.

5.8 Upon the Tenant requesting Rent-on-time to commence payment arrangements using the Tenant's nominated bank account, Rent-on-time™ may, in order to confirm the legitimacy of the bank account details provided and to cover set-up costs, process a payment (a "Bank Account Set Up" payment) of $5.00 to be deducted from the Tenant's nominated bank account. The Bank Account Set Up Fee does not apply to Tenants paying by credit card.

5.9 The Landlord agrees that Rent-on-time™ will receive rental payments on its behalf and that these payments will be transferred from the Rent-on-time™ Corporate Trust account to the nominated Landlords or Property Managers bank account on the following business day after the payment is received by Rent-on-time.

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in New Zealand that are protected by physical as well as technological security devices. You should only log in to your Rent-on-time™ account on a page which begins with https://secure.rentontime.co.nz/tenants/ or https://secure.rentontime.co.nz/landlord/

You may close your account at any time. Upon closure of an account, any pending transactions will be cancelled and any balances associated will be forfeited. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by cheque, assuming all withdrawal related authentication requirements have been fulfilled. You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, Rent-on-time™ may continue to hold your funds for up to 180 days as appropriate to continue the investigation and, if necessary, report fraudulent or illegal behavior to regulators or law enforcement. Rent-on-time may hold your funds indefinitely or so long as it takes for a formal investigation to be completed if you are suspected of fraud or other illegal behavior. If you are later determined to be entitled to some or all of the funds in dispute, Rent-on-time™ will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated.

Without limiting other remedies, we may at any time and without notice to you update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, limit access to an account and any or all of the account's functions indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account poses a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your Rent-on-time account is deemed by Rent-on-time, Visa, MasterCard, American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the Rent-on-time system to test credit card behaviors.

If Rent-on-time™ discovers a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, Rent-on-time™ will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, Rent-on-time may debit the extra funds from your Rent-on-time Account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your actual losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Rent-on-time™. Rent-on-time™ reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

You shall comply with all applicable New Zealand and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

13.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Rent-on-time in electronic form. Electronic Communications may be posted on the pages within the Rent-on-time website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Rent-on-time reserves the right but assumes no obligation to provide Communications in paper format.

13.2 Electronic Evidence. You agree that in the event of a dispute between You and Rent-on-time or You and another user, that Rent-on-time's electronic records of your transactions, the Rent-on-time User Agreement, the Rent-on-time Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law or in relation to a law enforcement or regulatory investigation or prosecution.

13.3 Third Party Verification. You agree that where available Rent-on-time may engage third parties, such as credit reporting agencies or identity verification companies order and review your credit report with the sole purpose of assessing your fitness to hold a Rent-on-time account and/or your ability to use the Service or features thereof.

In the event a dispute arises between you and Rent-on-time™, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Rent-on-time agree that any controversy or claim at law or equity that arises out of this Agreement or Rent-on-time's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Rent-on-time strongly encourages users first to contact Rent-on-time directly to seek a resolution. Rent-on-time will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

This Agreement is governed by and interpreted under the laws of New Zealand as such laws are applied to agreements entered into and to be performed entirely within New Zealand. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Rent-on-time, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

The Services are offered by Rent-on-time Ltd., located at Unit C, 27-29 William Pickering Drive, Albany, Auckland, New Zealand.
Disputes between you and Rent-on-time regarding our Services may be reported to Customer Support

online via info@rentontime.co.nz at any time, or by calling +64-9-448-1100.