Part AThe basics
1Who we are
Profer (we, us, Profer) is operated by Profer Limited, trading as "Profer" and "profer.co.nz". We run a New Zealand platform connecting Clients with checked Professionals across professional services, trades, contractors, consultants and beyond. It isn't limited to tradespeople.
2What these terms cover
These terms apply to anyone who uses the Website (profer.co.nz): a Client looking for help, a Professional working with us, or someone just browsing. By using the Website you accept these terms. We can update them at any time. Changes take effect once posted, and continuing to use the Website means you accept the current version.
3Definitions
- Client
- a person or business using the Website to find and engage Professionals.
- Professional
- a tradesperson, contractor or other service provider registered with Profer, whether for one-off jobs, short-term contracts or permanent roles.
- Job Request
- a Client's request for a quote or service, matched by Profer to suitable Professionals through Profind, or sent directly to a named Professional.
- Lead
- a Job Request passed to one or more Professionals for quoting.
- Checking
- Profer's screening process for Professionals and for Client Job Requests, described in clause 7.
- Profind
- our free matching service for Clients.
- Promote
- our pay-as-you-go lead service for Professionals.
- Procure
- our recruitment support service for fixed-term and permanent hiring.
- Member
- a Client or Professional using the Website.
- Data
- anything you give us through the Website, including personal information, documents, images and videos.
Part BGetting set up
4Eligibility
To use the Website you must:
- be 18 or older;
- have the authority to agree to these terms, personally or on behalf of the business you're registering;
- give us accurate, current information; and
- if you're a Client, own or have permission to arrange work on the property or business the job relates to.
5No accounts needed
Professionals don't need a login to work with Profer. You go through our Checking process and, once approved, we hold your details on file and match you directly to Job Requests that suit what you do. There's no public profile to browse or manage. We'll let you know about Leads by email or phone, and you can ask us at any time to update your details, or to pause or remove you from matching.
Clients don't need an account either. A Job Request is enough.
Part CHow Profer works
6Profind: free matching for Clients
6.1Sending a Job Request through Profind costs nothing. We'll pass it to up to three Professionals in your area who we think are a good fit, and you'll hear back directly from those who are interested.
6.2We don't guarantee a match, that a Professional will respond, or that anyone suitable is available for your job.
6.3If you hire a Professional you found through Profer, the contract for that work is between you and the Professional. Profer is not a party to it and isn't named in it.
7Checking: what we look at, and what we don't guarantee
7.1Every Professional goes through Checking before being registered. This includes a face-to-face interview and checks of their licences or registrations, insurance and references. It can also include a look at their service history and, with their consent, a credit check.
7.2We keep checking after registration, and we stop recommending Professionals who no longer meet our standards.
7.3We also screen incoming Job Requests for legitimacy before they reach Professionals.
7.4Checking reduces risk. It doesn't remove it. It's a check based on the information available to us at the time, and it isn't a guarantee of anyone's future conduct, Client or Professional.
8Promote: pay-as-you-go leads for Professionals
8.1There's no sign-up fee, subscription or minimum spend to work with Profer or to receive Leads.
8.2You pay for a Lead when you accept it, not when it turns into a job. We'll send you a pay request for that Lead. Nothing is deducted automatically, and there's no ongoing commitment beyond that Lead.
8.3Per-lead pricing is set out in your onboarding agreement with us. We may change it at any time, but changes only apply to new Leads, never to ones you've already accepted.
8.4Promote fees aren't refundable, including where a job doesn't go ahead, a quote isn't accepted, or you're unhappy with how a Lead turned out.
9Procure: recruitment support
9.1Procure helps Clients fill fixed-term and permanent roles. Our part is limited to helping with the job ad, checking candidates, sifting CVs and, where agreed, sitting in on interviews.
9.2The hiring decision is entirely yours. We don't make the call, and we don't place anyone with you without your say-so.
9.3Because you make the final choice, we're not responsible for how a placement works out.
9.4Procure fees are set out in your Procure agreement with us and, like all our fees, aren't refundable.
Part DResponsibilities
10If something goes wrong between a Client and a Professional
10.1Professionals are not employees, contractors or agents of Profer. They work for themselves, and we're not responsible for the standard of work they deliver.
10.2If you're unhappy with a Professional you found through Profer, tell us. We'll investigate, hear both sides and suggest a fair way forward. Not because we're on the hook for the outcome, but because letting a bad experience slide under our name is exactly the problem we built Profer to fix. Our reputation is on the line every time a Professional we checked lets someone down.
10.3Whether either side takes up our suggestion is up to them. Our part is to help you find a resolution, not to guarantee one, and not to compensate either side if one isn't reached.
11Professional obligations
As a Professional using Profer, you agree to:
- quote accurately, honestly and in New Zealand dollars (including GST if you're registered);
- only accept a Lead if you genuinely have the capacity and skills to do the job;
- pay for Leads you accept;
- contact the Client promptly once you've accepted their Lead;
- tell us when a quote is accepted;
- keep the licences, registrations and insurance you told us you hold up to date, tell us if any of them lapse, and comply with the law when doing the job; and
- never threaten, pressure or intimidate a Client over feedback they've given. Raise it with us instead.
12Client obligations
As a Client using Profer, you agree to:
- only send a Job Request if you genuinely intend to pay for the work;
- have the legal right to arrange and pay for any job you commission;
- pay Professionals promptly and in full for work done as agreed;
- only use Profer to find help with a genuine job or role, not to poach Professionals, advertise, or recruit for unrelated purposes without talking to us first; and
- tell us what you were quoted or invoiced when you give us feedback on a job.
Part EMoney
13Fees, in plain terms
- Profind is free for Clients. Always.
- Promote is pay-as-you-go for Professionals. You're charged per Lead when you accept it, not on conversion, and never as a subscription.
- Procure is a fee-for-service recruitment fee, set out in your Procure agreement.
- All fees are non-refundable, whatever the outcome of the job, Lead or placement.
- All fees are in NZD and exclude GST unless stated otherwise.
14Payment and overdue accounts
14.1We use Stripe to process payments. For Promote, you'll get a pay request each time you accept a Lead, payable on the terms shown on that request. We don't hold your card details or charge you automatically.
14.2Unpaid pay requests and overdue Procure invoices may mean your registration is restricted, and may attract a finance charge of 1.5% per month.
14.3If we need to recover a debt, you're liable for our reasonable costs of doing so, including collection agency fees. You agree that we may report unpaid debts to a credit reporting agency such as Centrix or Equifax.
Part FFeedback, IP & legal
15Feedback
There are no public profiles on Profer and no published reviews of individual Professionals. Clients don't browse a directory, they're matched directly. After a job we may ask how it went, and we use that feedback internally to keep checking Professionals over time. If a pattern of complaints emerges, we act as set out in clauses 7.2 and 10.
We may publish testimonials about Profer itself, but only with the permission of the person who gave them.
16Intellectual property
16.1Everything on the Website, including the design, logos, copy, software and our Checking and matching process, belongs to Profer or our licensors. Using the Website doesn't give you any ownership of it.
16.2By giving us Data, you let us use, store and share it as needed to run the Website and provide our services, for example passing a Job Request to the Professionals we match it with. We won't use your personal information, photos or documents in our marketing without your permission.
16.3You can't copy, reproduce, republish or commercialise anything from the Website without our written permission.
16.4"Profer" is a trade mark of Profer Limited.
17What we don't promise
17.1The Website is provided as-is. We don't guarantee it'll be error-free, uninterrupted or always available.
17.2We check licences, registrations and insurance during Checking, but we can't guarantee they're still current on the day your job starts. If it matters for your job, ask to see them before work begins.
17.3Nothing on the Website creates a warranty beyond what's expressly stated in these terms.
18Limits on our liability
18.1To the fullest extent the law allows, we exclude all liability for the standard, safety, legality or outcome of any job, quote or placement arranged through Profer, including through Profind, Promote and Procure.
18.2To the maximum extent permitted by law, we're not liable to you for lost profit, lost data, lost business, or any indirect or consequential loss, however it arises.
18.3You agree to cover us for any claim, cost or loss we face because of your breach of these terms, your dealings with another Member, or content you give us.
18.4If you're a Professional, that cover extends to any claim arising from the work you actually do: poor workmanship, damage, missed deadlines, injury, anything from the job itself. Checking gets you the introduction. The job is yours to answer for.
18.5Nothing in these terms limits liability that can't be excluded by law, including under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 where those Acts apply, or for fraud.
18.6If something you told us turns out to be made up (a fake name, fake contact details, invented licences or references), we'll treat it as deliberate, not an honest mistake, and you'll be responsible for whatever it costs us.
19Suspending or ending things
19.1You can ask us to stop matching you with Job Requests, or to remove your details from our records, at any time.
19.2We can restrict, suspend or stop working with you at our discretion, including for breaching these terms, with or without notice.
19.3Ending things doesn't affect fees already owed, and we're not liable for any loss that results from suspending or ending our arrangement.
20If you have a dispute with us
We'll try to sort it out directly first. If that doesn't work within a reasonable time, either of us can propose mediation through the Arbitrators' and Mediators' Institute of New Zealand before going to court. The exceptions are urgent relief, Disputes Tribunal claims and recovering an undisputed debt, which either of us can pursue at any time.
21General
- If any part of these terms turns out to be unenforceable, the rest still stands.
- We're not liable for delays or failures caused by something outside our reasonable control.
- You can't transfer your rights under these terms without our consent. We can transfer ours, including to a business that takes over Profer.
- If we don't enforce a right under these terms straight away, that doesn't mean we've given it up.
- These terms are governed by New Zealand law, and any dispute is subject to the non-exclusive jurisdiction of the New Zealand courts.
22Privacy
What we collect, why, how long we keep it, and your rights over it are covered in our Privacy Policy, which forms part of these terms.
23A note, if you're actually named Kent
Kent isn't a real person. He's our mascot: the bloke in the cape who turns up dressed as whichever pro you need that day. If your name happens to be Kent, sorry, it's nothing personal. He was cast months before you read this, and no, you can't book him.