These Terms of Service govern the supply and use of the property management platform (the "Service") operated by Web and Cloud Innovation Ltd, a company registered in Malta under company registration number C106789, VAT number MT30594634, with its registered address at 30/1 Kenilworth Court, Sir Augustus Bartolo Street, Ta' Xbiex XBX 1093, Malta ("we", "us", "our").
They are entered into with the business that subscribes to the Service, the Customer ("you", "your", "the Customer"), and they take effect when the person who administers your account accepts them, or when you first use the Service, whichever happens first.
Your own people are additionally bound by the Terms and Conditions of Use, which each of them accepts at sign-in. Your tenants and guests are bound by the Tenant Portal Terms. Neither replaces this agreement.
1What The Service Is
The Service is a hosted software application for running a property business: tenancies and clients, invoicing and receipts, expenses and petty cash, housekeeping, maintenance, stock, staff records and payroll documents, contracts and electronic signing, gate and visitor records, and a portal for your tenants.
We provide the Service as software. We do not manage your property, do not act as your agent, do not hold client money, do not process card payments, and do not provide legal, tax, accounting or employment advice. Documents the Service produces — leases, notices, payslips, disciplinary papers — are templates that you adopt as your own. You are responsible for their content and for taking professional advice where you need it.
2Your Account
Your subscription covers one business. Each business is served from its own separate database.
You name one or more administrators. An administrator can create accounts, grant capabilities, and see everything the Service holds for your business. You are responsible for who you appoint, for removing people who leave, and for everything done through accounts you control.
Every person you let in must have their own account. Shared logins are not permitted, because they destroy the audit trail that both of us rely on.
You must give us accurate contact and billing details and keep them current. We may rely on instructions given from an administrator account.
3Your Data Is Yours
Everything you and your people put into the Service — client and tenant records, documents, invoices, photographs, staff files — remains yours. We claim no ownership of it.
You grant us only the permission we need to run the Service for you: to store your data, to display it back to you and to the people you authorise, to transmit it where you direct (an invoice you send, a portal a tenant opens), to make backups, and to have it processed by the sub-processors named in the Sub-processor list.
We do not sell your data. We do not use your data to advertise to anyone. We do not use your data or your documents to train artificial intelligence models, and the document-reading service we use is contractually bound not to train on what it is shown.
We may use aggregated, anonymised operational statistics — how many pages were served, how long they took, which errors occurred — to run and improve the Service. Nothing in those statistics identifies you, your people, your tenants or your property.
4Personal Data
The Service holds personal data about real people: your staff, your tenants, your contractors, their identification documents, and in some functions their location at the moment they signed something.
For that data you are the controller and we are the processor. Our obligations are set out in the Data Processing Agreement, which forms part of this agreement and which describes what we do with personal data, the security we apply, the sub-processors we use, and what happens when something goes wrong.
You are responsible for having a lawful basis for the personal data you put into the Service, for giving the people concerned the notices the law requires, and for honouring their rights. We will help you do that, in the way the Data Processing Agreement describes.
5What We Promise
We will provide the Service with reasonable skill and care.
We will keep the Service materially as described in this agreement and in the documentation, and we will not remove a material function without telling you first.
We will apply the technical and organisational security measures published on the security page and summarised in the Data Processing Agreement, and we will not weaken them without a reason we can explain.
We will take backups on the schedule set out in the Service Levels document, and we will keep at least one copy away from the machine that serves the Service.
We will tell you without undue delay if we become aware of a personal data breach affecting your data, and in any event within the times the Data Processing Agreement sets.
6What We Do Not Promise
The Service is not warranted to be uninterrupted or error-free. It runs on infrastructure we buy from other companies, over networks neither of us controls.
We do not warrant that the Service will meet a requirement you have not told us about, that it complies with the law of a jurisdiction we have not agreed in writing to support, or that any template document is suitable for a particular transaction.
Except as expressly stated in this agreement, and to the fullest extent the law allows, all other terms, conditions and warranties, whether express or implied, are excluded.
7What You Must Not Do
Your use of the Service is subject to the Acceptable Use Policy, which forms part of this agreement.
In short, and without limiting that policy: do not use the Service unlawfully, do not put content into it that you have no right to put there, do not attempt to reach another customer's data, do not attack, probe or overload the Service, do not resell access without our written agreement, and do not remove or obscure any notice the Service displays.
8Fees
Fees, billing periods, taxes, renewal and cancellation are set out in the Billing document, which forms part of this agreement.
Fees are exclusive of value added tax and any other tax or duty, which are added where they apply. Where you are a business established outside Malta, tax is handled according to the place-of-supply rules in force at the time of invoicing.
If an invoice is not paid when due we may suspend the Service after giving you notice and a reasonable opportunity to pay. Suspension does not delete your data, and does not relieve you of fees accrued.
9Confidentiality
Each of us may learn things about the other that are not public. Each of us will keep those things confidential, use them only for the purposes of this agreement, and protect them at least as carefully as we protect our own confidential information.
This does not apply to information that is public without a breach of this clause, that was already known without a duty of confidence, that is independently developed, or that must be disclosed by law — and where the law compels disclosure, we will tell you first if we are lawfully able to.
10Intellectual Property
The Service, its software, its design system and its documentation are ours and remain ours. Nothing in this agreement transfers them to you.
You are granted a non-exclusive, non-transferable right to use the Service for your own business for as long as your subscription is in good standing.
If you send us feedback or a feature request, we may use it without obligation to you. This does not give us any right to your data.
11Suspension
We may suspend all or part of the Service, with as much notice as the circumstances allow, where there is a genuine security threat, where the law requires it, where your use is causing damage or material degradation to the Service or to other customers, where the Acceptable Use Policy has been seriously breached, or where fees remain unpaid after notice.
We will restore the Service as soon as the reason for suspension has been resolved.
12Term And Termination
This agreement runs for the subscription period you have bought and renews as the Billing document describes, until either of us ends it.
You may end it at any time in accordance with the Billing document. We may end it on thirty (30) days' written notice, or immediately if you commit a material breach that is not remedied within fourteen (14) days of us asking, or if you become insolvent.
13Your Data When It Ends
For thirty (30) days after termination you may ask us for a copy of your data, and we will provide the database file and the uploaded documents in the form the Service holds them, at no charge.
After that period, and in any case within ninety (90) days of termination, we delete your data from the live system, and it falls out of our backup rotation as those backups age out. Where the law requires us to keep something — a record of invoices we issued to you, for example — we keep only that, only for as long as required.
You are responsible for keeping your own copies of anything you are required by law to retain. Tax, employment and tenancy records usually have retention periods that outlast a software subscription.
14Limitation Of Liability
Nothing in this agreement limits or excludes either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
Subject to that, and to the fullest extent permitted by law:
• neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or for any indirect or consequential loss, however caused;
• we are not liable for loss or corruption of your data to the extent it results from your own act or omission, from data you supplied being wrong, or from your failure to keep the copies clause 13 tells you to keep;
• our total aggregate liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total fees paid or payable by you under this agreement in the twelve (12) months immediately before the event giving rise to the claim, or five hundred euro (EUR 500) if that is greater.
The Service is a tool used inside your business. Decisions taken with it — to bill, to terminate a tenancy, to discipline or dismiss a member of staff, to report a figure to a tax authority — are yours, and we are not liable for them.
15Indemnity
You will indemnify us against claims, losses and reasonable costs arising from content you put into the Service that infringes somebody's rights, from your use of the Service in breach of this agreement or the Acceptable Use Policy, and from your failure to give a person whose data you hold the notices or rights the law gives them.
We will indemnify you against a third-party claim that the Service, used as this agreement permits, infringes that third party's intellectual property rights, provided you tell us promptly, let us conduct the defence, and do not admit liability without our agreement.
16Changes
We may change the Service, provided we do not materially reduce a function you rely on without telling you at least thirty (30) days beforehand.
We may change these Terms, the Acceptable Use Policy, the Data Processing Agreement, the Sub-processor list, the Service Levels or the Billing document. Where a change is material and to your disadvantage, we will give you at least thirty (30) days' notice through the Service or by email, and you may end your subscription before it takes effect, with a refund of any fees paid for a period after the end date.
Every version of every document is kept, identified by its own fingerprint, together with the record of who accepted it and when. A change is never applied backwards to an acceptance already given.
17Things That Are Always True Of Agreements
Neither of us is the other's partner, agent or employee.
You may not assign this agreement without our written consent, which will not be unreasonably withheld. We may assign it to a company that acquires our business, on notice to you.
Neither of us is liable for a failure caused by something genuinely beyond our reasonable control, provided we tell the other and do what can be done to limit the effect.
If a provision is found unlawful or unenforceable, the rest continues to apply.
A delay in enforcing a right is not a waiver of it.
This agreement, with the documents it names, is the whole agreement between us about the Service, and replaces anything said or written beforehand.
18Governing Law
This agreement and any dispute arising out of it are governed by the laws of Malta, and the courts of Malta have exclusive jurisdiction, save that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Nothing in this clause removes any mandatory right you have under the law of the country in which you are established.
19How To Reach Us
Web and Cloud Innovation Ltd
30/1 Kenilworth Court, Sir Augustus Bartolo Street, Ta' Xbiex XBX 1093, Malta
Company registration number C106789
VAT number MT30594634
legal@premises.ph
20Acceptance Record
By selecting "I agree" you confirm that these Terms were made available to you and that you accept them.
The first acceptance given for the Customer is the one that binds it, and the person giving it confirms that they have authority to bind it. Every other administrator of the account is asked to accept as well, at their first sign-in and again whenever these Terms change; those acceptances are that person's own acknowledgement that they have read and will comply with them, and are recorded in the same way.
Your acceptance record may include:
Accepted by: —
Business: the Customer
Document version: (shown in the margin)
Document fingerprint: (shown in the margin)
Accepted at: —
Network address: —
Device: —
Acceptance record: —