Terms of Service

By using the autoevict.com web site (“Service”), or any services of AutoEvict, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

AutoEvict reserves the right to change these terms and conditions at any time. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Should any changes directly affect your current terms, you shall be notified in writing. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://autoevict.com/terms.

Violation of any of these Terms of Service will result in the termination of your account. While AutoEvict prohibits such conduct and content on the service, you understand and agree that AutoEvict cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

Interpretation of Terms and Conditions

The clause headings contained herein have been inserted for convenience only and are not to be taken into consideration in the interpretation of these Terms and Conditions.

Words and expressions defined in any clause will, for the purposes of these Terms and Conditions, bear the meaning assigned to the words and expressions in that clause.

Any reference to the singular includes the plural and vice versa, Any reference to one particular gender includes all other genders.

If any provision in a definition is a substantive provision, conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in these Terms and Conditions.

Where any number of days are prescribed in these Terms and Conditions, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or Public Holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday.

The rule of construction that any agreement shall be interpreted against the party responsible for the drafting or preparation thereof, shall not apply.

Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

The words “shall” and “will” and “must” used in the context of any obligation or restriction imposed on a party have the same meaning.

Account Terms

You must be 18 years or older to use this Service.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

You are responsible for maintaining the security of your account and password. AutoEvict cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

One person or legal entity may not maintain more than one free account.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You undertake to at all times provide AutoEvict with accurate and current information pertaining to the property and any tenant in occupation of the property and undertakes to keep such information updated and comprehensive. Should there be any change to the information provided, the client is obliged to immediately update its account of such change.

You hereby indemnify and hold AutoEvict harmless against any claim which may occur as a result of incorrect information provided to AutoEvict.

These Terms and Conditions will be binding on the parties hereto and their respective successors or assigns.

Payment Terms

A valid credit card is required for paying accounts.

All charges are exclusive of VAT to SA based businesses and VAT will be added to your monthly bill. Please contact Support if you have an exemption.

All fees and charges payable to AutoEvict will be paid in South African Rands (ZAR), free from deduction or set-off whatsoever.

Insofar as it may be required by AutoEvict you hereby consent and authorise AutoEvict to draw against your nominated bank account, with banking details provided to AutoEvict, any amounts due and payable to AutoEvict on the day selected by you, or any other date as agreed between the parties. All such withdrawals from your bank account by AutoEvict shall be treated as though they had been signed or authorised by you personally. You hereby authorise AutoEvict to verify the Client’s bank account details with the relevant bank.

You hereby agree to sign any documentation required by AutoEvict to give effect to the provision as set out in (c) above.

A tax invoice rendered by AutoEvict shall serve as prima facie proof of any amounts due and owing to AutoEvict by yourself.

AutoEvict reserves the right to increase or amend any charges or fees payable by yourself to AutoEvict in respect of the services offered or rendered by AutoEvict. In such instance AutoEvict will provide you with 30 (Thirty) days’ written notice of any such amendment or change.

Cancellation and Termination

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings menu at the top of your web dashboard, where you’ll find the Billing tab. The Billing screen provides a simple no questions asked cancellation link on the bottom right.

All of your Content will be deleted from the Service within 90 days of cancellation. This information cannot be recovered once your account is wiped. You are responsible for downloading and backing up all of your data prior to cancellation.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, however your account will remain open until the end of the current billing period.

AutoEvict, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other AutoEvict service, for any reason at any time. Such termination of the Service will result in the deactivation of your Account and will restrict access to your Account. AutoEvict reserves the right to refuse service to anyone for any reason at any time. All your data will remain yours and such be provided to you by means of exported CSV files.

All White Label customers require 90 days written notice to cancel their White Label subscription.

Any cost which may be incurred by AutoEvict arising out of the breach of any of the provisions of any Service or these Terms and Conditions, including legal costs on a scale as between attorney and own client shall be borne by the user.

In the event that the property is sold to a third party you shall be obliged to cease all further process against the tenant.

Modifications to the Service and Prices

AutoEvict reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AutoEvict Blog (autoevict.com/blog) or the Service itself.

AutoEvict shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

All content posted on the Service is must comply with copyright law. Please ensure you have your own adequate policies on use of business data.

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your reports to be shared to people you choose, you agree to allow others to view and share your Content, and AutoEvict cannot be held responsible for others sharing access to this Content.

AutoEvict does not pre-screen Content, but AutoEvict and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The design, report templates and user interface of the Service is AutoEvict Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the Application, Documentation, Reports, visual design elements or concepts without express written permission from AutoEvict.

Jurisdiction and Governing Law

All agreements or transactions between you and AutoEvict, including these Terms and Conditions will be governed by the laws of the Republic of South Africa.

Without limiting the jurisdiction that any other court may have, the parties consent, in terms of section 45 of the Magistrates’ Courts Act 32 of 1944 to the jurisdiction of the Magistrate’s Court for the purpose of any proceedings in terms of or incidental to these Terms and Conditions or any Service between you and AutoEvict, even in the event that the amount claimed or the value of the matter in dispute may exceed such jurisdiction.

Domicilium and Notices

You choose as your domicilium citandi et executandi for all purposes relating to any service and these Terms and Conditions as the addresses, specifically the e-mail address, as provided to AutoEvict during the signup process.

You agree that AutoEvict will be entitled to deliver any notice to you by e-mail, sent to the e-mail address provided to AutoEvict during the signup process. All e-mails will be deemed to be received on the day of dispatch.

You shall bear the burden of proof proving that a notice was not received.

Notwithstanding anything to the contrary contained in these Terms and Conditions, a written notice actually received by shall be an adequate notice or communication, even in the event that it was not sent to or delivered in terms of this clause.

Any notice in terms of, or in connection with any service provided or these Terms and Conditions shall be valid and effective only if in writing.

Obligations of AutoEvict

AutoEvict undertakes to exclusively act within the legal framework set out in terms of all regulations and legislation pertaining to rental housing.

AutoEvict will notify you of any changes to these Terms and Conditions or amendments to services offered by AutoEvict.

Your Obligations

You undertake to at all times provide AutoEvict correct, unaltered and current information regarding the tenant when using the AutoEvict service.

You shall do all things necessary and will provide AutoEvict with any information, assistance or support as requested from or required by AutoEvict in order to render or give effect to the services offered by AutoEvict.

You undertake to fulfil all obligations in terms of the lease agreement and to comply with all laws and regulations regarding rental housing. In the event that you are or were in breach of any of your own obligations in terms of the lease agreement, AutoEvict will be entitled to deny any request for actions in terms of the services offered by AutoEvict on your behalf.

You will not infringe upon the rights of the tenant in any way, should you deprive the tenant of undisturbed use of the property in any way, for instance by locking the tenant out or interfering in any way with any utility supply to the property, AutoEvict reserves the right to decline any further services. In so doing AutoEvict will be entitled to retain any moneys paid by you in respect of previous services rendered.

Confidentiality and Compliance

The parties hereto shall to the extent necessary exchange such proprietary or confidential information as is reasonably necessary for each to perform its obligations and exercise its rights in terms of the service.

Information relating or pursuant to the agreement provided by either party to the other in any form, whether identified as confidential or proprietary or not, is deemed to be confidential information. As such, each party hereto shall treat all information in the strictest of confidence and shall not use such information for any purpose other than contemplated by the service and as included in these Terms and Conditions.

This clause will survive the suspension or cancellation of any agreement between yourself and AutoEvict.

You agree that AutoEvict may collect and store any personal information obtained during the application process or any time thereafter. You undertake to provide such personal information on request by AutoEvict, failure to do so may result in the inability to process the service or effectively attend to any actions by AutoEvict required in terms of these Terms and Conditions.

The type of personal information required by AutoEvict by you may depend on the nature of the interaction with AutoEvict. AutoEvict undertakes to only collect personal information to the extent that it is necessary or appropriate to fulfil the purpose of your interaction with AutoEvict.

AutoEvict undertakes to only disclose personal information to those of its employees, agents, service providers and affiliated organisations that require such information for the purposing of processing such information or to give effect to any provision of these Terms and Condition or any services offered by AutoEvict and not to disclose such information to any other person.

AutoEvict undertakes to take all steps reasonably necessary to safeguard personal information against unauthorised access, use, adjustment or distribution.

AutoEvict may for transparency, fraud prevention, investigative purposes, or for the purposes of screening and validating your use of AutoEvict services; directly or with a third party use personal information or request additional personal information from you to attend to potential additional checks required by AutoEvict for the purpose of giving effect to these Terms and Conditions or any service agreement between AutoEvict and yourself.

Limitation of Liability

AutoEvict will not be held liable for any loss or damage suffered by you as a result of any actions by AutoEvict, unless it occurred as a result of gross negligence by AutoEvict or as a result of contravention of any laws.

Should either party suffer any loss as a result of a reason beyond the control of the other party, it is hereby agreed that neither party will be entitled to a claim for damages as a result of such incident. In the event that any incident beyond the control of the parties renders performance by either party impossible, the service agreement between the parties shall terminate immediately and neither party shall have any claim for damages against the other.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is only guaranteed via email, phone lines are available during office hours but availability cannot be guaranteed.

You understand that AutoEvict uses third party vendors and partners to provide parts of the necessary hardware, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, AutoEvict, or any other AutoEvict service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AutoEvict.

You agree that by using the Service, you grant AutoEvict permission to use your company name and logo in our promotional marketing, website and exhibitions.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AutoEvict customer, employee, member, or manager will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by AutoEvict) of other AutoEvict customers, we reserve the right to request an increase or upgrade of your account to meet service standards.

AutoEvict does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected immediately.

You expressly understand and agree that AutoEvict shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AutoEvict has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of AutoEvict to exercise or enforce any right or provision of the Terms of Service, or any indulgence granted by AutoEvict, shall not constitute a waiver of such right or provision.

The Terms of Service constitutes the entire agreement between you and AutoEvict and govern your use of the Service, superceding any prior agreements between you and AutoEvict (including, but not limited to, any prior versions of the Terms of Service).

You agree that all terms of these Terms and Conditions are severable, regardless of the particular grouping of terms. You acknowledge your intention to be bound by these Terms and Conditions even in the event that any provision may be found to be unenforceable or void or voidable, in which case the provision concerned shall be severed from the other provisions. The remaining provisions shall continue to be of full force and effect.

You and AutoEvict undertake to do all such things necessary, to perform all such acts and to take all such steps as may be available to and necessary for or incidental to give effect to or maintain these Terms and Conditions and service between the parties.

Questions about the Terms of Service should be sent to support at AutoEvict dot com.