Terms and Conditions

PropMS is software that helps property owners manage rentals and short stays. It is run by PropMS Technologies Kenya ("PropMS", "we", "us"). These terms apply to everyone who uses PropMS through the web app, USSD (*789*1800#), SMS or WhatsApp:

• Landlords and property managers ("Admins") who create an account to manage properties, units, tenants, bookings and payments.
• Caretakers whom an Admin adds to help run a property.
• Tenants whom an Admin registers to a unit.
• Guests whom an Admin registers to a short-stay booking.
• Prospects who join a property's waitlist.

By creating an account, or by using PropMS after an Admin registers you, you agree to these terms and to our Privacy Policy. If you do not agree, do not use the service.

Admins must be at least 18 years old and legally able to enter into a contract. You must own the properties you add to PropMS, or be authorised by the owner to manage them. If you use PropMS for a business, you confirm you are allowed to accept these terms on its behalf.

PropMS provides tools only. We are not a party to any lease, tenancy or booking, and we are not a bank, an estate agent or a payment service provider. Nothing in PropMS is legal, tax or financial advice.

The Admin is solely responsible for the property, the rent and charges they set, the condition of the unit, deposits and refunds, and how they treat tenants and guests. Disputes about the tenancy or stay are between the Admin and the tenant or guest.

1. 4.1Admins must give accurate details and keep their password secret. Admins are responsible for everything done under their account, including by caretakers they add. Admins decide which properties each caretaker can see.
2. 4.2Tenants receive a 4-digit USSD PIN by SMS. Keep it private and do not share your phone. Anyone who has your phone and PIN can see your balance and start payments.
3. 4.3Guests are identified by the phone number on their booking. If you lose that number, tell your host.
4. 4.4Tell us at info@propertyms.org, or tell your Admin, immediately if you think your account, PIN or phone has been misused.
5. 4.5Admins must only register tenants, guests and caretakers with that person's knowledge, and must have a lawful basis for sharing that person's details with us.

You must not:

• give false information, or register someone else's phone number without their permission;
• use PropMS to harass, threaten or send spam or unlawful messages;
• try to access another person's account, data or payments;
• interfere with, overload, reverse engineer or probe the security of the service;
• use PropMS for fraud, money laundering or any other unlawful purpose.

We may suspend access if we reasonably believe these rules have been broken.

1. 6.1How mobile payments work. When a tenant or guest chooses to pay, PropMS asks our licensed payment partner, SasaPay, to send an M-Pesa or Airtel Money prompt to the chosen phone. The payer approves it by entering their PIN on their own phone. PropMS never sees or stores mobile-money PINs.
2. 6.2Settlement. Our payment partner collects the funds and pays them out to the Admin's registered account (the Paybill, Till or phone number set in PropMS). Admins are responsible for keeping those payout details correct. PropMS does not hold funds as a bank, and settlement times depend on the payment partner and mobile network.
3. 6.3Paying for someone else. You may send the prompt to another Kenyan mobile number. You confirm that the owner of that number has agreed to pay.
4. 6.4Correct amounts. Rent, bills, deposits and booking prices are set by the Admin. Check the amount before you confirm. A payment is only complete when you receive a confirmation SMS. A prompt that is sent is not yet a payment.
5. 6.5Overpayments and paying ahead. Tenants may pay more than a bill or pay before a bill exists. The extra is recorded as credit on the tenant's account for that Admin. It is not interest-bearing, and any refund of credit is between the tenant and the Admin.
6. 6.6Cash, cheque and bank payments. Admins, caretakers and tenants can record offline payments in PropMS. These are records only. PropMS does not verify that the money was actually received, and the Admin is responsible for confirming it.
7. 6.7Refunds and deposits. Refunds of rent, bookings or deposits are decided and paid by the Admin under their own policy. PropMS only records them.
8. 6.8Failed or unclear payments. If a payment fails, you will get an SMS and no money should leave your account. If money left your account but you got no confirmation, contact the Admin or us within 14 days with your M-Pesa or Airtel reference. We will check it with our payment partner. Do not pay again until we confirm.

Creating an account and setting up is free. After that, Admins pay a monthly subscription:

• Standard, up to 30 units: KES 7,000 a month
• Growing, 31 to 50 units: KES 12,000 a month
• More than 50 units: a custom price we agree with you

Subscriptions are billed at the end of each month (on the 28th) and paid via M-Pesa. There are no transaction fees for Admins. If fees stay unpaid, we may pause the account until they are settled.

We will give at least 30 days' notice of price changes.

Admins can opt out of their plan and close their account at any time by emailing info@propertyms.org. We will confirm when the cancellation takes effect, and you will not be billed for any month after that.

Subscription fees already paid are not refundable, except where Kenyan law says otherwise. Before your account closes, you can ask us for a copy of your data.

1. 9.1By being registered on PropMS, tenants and guests agree to receive service messages. These include bill reminders, overdue notices, payment receipts, PINs, check-in and check-out messages, and replies to issues they report. These are account messages, not marketing.
2. 9.2We do not send marketing messages without separate consent. Admins must not use PropMS messaging for unrelated marketing.
3. 9.3Your mobile network may charge for USSD sessions or messages. PropMS does not control these charges.
4. 9.4USSD, SMS and WhatsApp rely on mobile networks and third-party gateways. Messages can be delayed or lost. Do not rely on a message arriving before a deadline. You can always check your balance on USSD or with your Admin.
5. 9.5Issues reported through USSD or WhatsApp go to the Admin and their caretakers. PropMS does not carry out repairs. For emergencies such as fire, gas or a threat to safety, contact emergency services first.

Admins own the property and tenant data they put into PropMS. They give us permission to use it only to run the service for them, as described in our Privacy Policy.

For information about tenants, guests, caretakers and prospects, the Admin is the data controller under Kenya's Data Protection Act, 2019, and PropMS processes it on the Admin's behalf. Admins are responsible for having a lawful reason to collect it, including any guest identity documents they record, and for telling people how it is used.

We own the PropMS software, name and design. You may not copy or resell them.

We work to keep PropMS available but do not promise it will be uninterrupted or error-free. We may carry out maintenance and change features. Admins are responsible for keeping their own copies of important records.

1. 13.1To the extent the law allows, PropMS is provided "as is". We are not liable for indirect or consequential losses, lost profits or lost rent.
2. 13.2We are not liable for the acts of Admins, tenants, guests or caretakers. We are also not liable for failures of mobile networks, payment partners or messaging providers, or for payments sent to a wrong number that the payer entered.
3. 13.3Our total liability to an Admin in any 12 months is limited to the fees that Admin paid us in that period. Our liability to a tenant or guest is limited to the amount of the transaction in question.
4. 13.4Nothing in these terms limits liability that cannot be limited under Kenyan law, including under the Consumer Protection Act, 2012.

Admins may close their account at any time (see Cancelling your plan). We may suspend or close an account for serious or repeated breach of these terms, non-payment of fees, or where the law requires. Where we reasonably can, we will tell you first.

When a tenancy or booking ends, the Admin should mark it ended. Guests keep payment-only access to settle a balance for up to 90 days after check-out.

We may update these terms. We will post the new version with its date and give Admins at least 14 days' notice of material changes by email or in the app. Continuing to use PropMS after that means you accept the change.

These terms are governed by the laws of Kenya. We will first try to resolve any dispute through good-faith discussion within 30 days. If that fails, disputes go to the courts of Kenya at Nairobi.

Questions about these terms? Email info@propertyms.org. PropMS Technologies Kenya, Nairobi, Kenya.