Last Modified: November 16, 2014
The Services are offered and available to users who are 18 years of age or older, reside in the United States with a U.S. postal address, and are able to form a legally binding contract under applicable law. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
You understand that we provide the Services as a convenience to you and your designated payee (i.e., your landlord or property manager (“Payee”)), but not as your agent or Payee’s agent. Instead, we are a third-party service provider that provides a convenient way for you to electronically pay your rent (each a “Payment”) to Payee. We are not a payment processor, collection agency or property management company, and we do not offer these types of services.
Initial User Setup
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the Services or portions of either using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Bank Account and Debit or Credit Card Authorization
In exchange for your use of the Services, each time your Payment is debited from your bank account or charged to your credit or debit card, you also authorize Payee to debit your bank account or charge your credit or debit card as part of the same Payment transaction the applicable convenience fee and other fees and charges (“Fees”) described in the relevant Fees schedule below. You may cancel your authorization at any time by sending notice to us, on Payee’s behalf, at [email protected]; however, if we do not receive your cancellation notice at least five (5) business days before your next Payment transaction is scheduled, then the cancellation will not be effective until after your next Payment is debited from your bank account or charged to your credit or debit card. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of the United States law, the rules of the National Automated Clearing House Association (NACHA) and the rules of your debit or credit card issuer.
Ownership. Once a Payment is debited from your bank account or charged to your credit or debit card, the Payment and associated Fees become the property of Payee. You agree that any disputes with respect to Payments, including without limitation reversals, chargebacks or refunds, must be resolved between you and Payee.
Processing. Payments are debited from your bank account or charged to your credit or debit card on the date you select. Once debited or charged, you may not revoke, alter or prevent the Payment transaction and any associated Fees from occurring. Payment processing may take up to seven (7) business days; therefore, you may want to select a date to debit your account or charge your debit or credit card that is prior to your rent due date. You acknowledge that under no circumstance will we be responsible for any charges, fees (including late fees), overdrafts or penalties resulting from a Payment transaction.
Fees. In consideration for the Services, you agree to pay the Fees described in the following Fees schedule, as applicable:
Method of Payment Convenience Fee Chargeback / Reversal / Insufficient Funds Fees
ACH/eCheck $3 $25
Visa/MasterCard 2.5% $35
Taxes. You are responsible for any and all applicable taxes, including sales, use, personal property, excise, or other taxes imposed by governmental entities of whatever kind with respect to each Payment transaction, including penalties and interest but specifically excluding taxes based on our net income. We are not responsible for determining whether taxes apply to a Payment transaction nor are we responsible for colleting sales, income or other taxes with respect to Payments.
Accessing the Services and Account Security
We reserve the right to suspend or modify the Website or Services from time to time without prior notice to you, except that we will give at least ten (10) day prior notice to you of any modification of the Services that would, in our sole discretion, adversely affect you. We may also modify any of our Fees, in or sole discretion, with at least ten (10) days’ notice to you. Notice to you may be provided in the form of an email or update to the Website in a noticeable location, such as on the home or payment page.
Scheduled downtime, which we will use commercially reasonable efforts to schedule as needed for routine maintenance;
Service downtime or degradation due to a force majeure event (including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockage, national or regional emergency, strikes, labor stoppages or slowdowns, passage of law or any action taken by a governmental or public authority, or national or regional shortage of adequate power, utility or telecommunications service, including without limitation internet, wireless or network capabilities and payment or financial systems functionality); or
Any other circumstances beyond our reasonable control, including your use or misuse of the Website or Services. Notwithstanding the foregoing, we do not guarantee that the Services will be available at all times, and we will not be liable if, for any reason, all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, to users, including registered users. DSL, cable, or another high-speed internet connection is required for proper transmission of the Services. You are responsible for:
Procuring and maintaining the network connections necessary to connect to the Website and Services, including but not limited to browser software that supports protocol used by us, and for following the access procedures for services that support such protocols.
Making all other arrangements necessary for you to have access to the Website and Services.
Intellectual Property Rights
The Services, and all intellectual property rights therein and thereto, and the Website’s contents, features and functionality (including but not limited to all information, software, data, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
As between you and us, you are and will remain the sole and exclusive owner of all right, title and interest in and to all information, data and other content provided to us by you in connection with the Services (“Your Data”), subject to the following:
You unconditionally and irrevocably assign to us all right, title and interest in and to all information, data and other content that is derived by or through the Services from processing Your Data.
As between you and us, we are and will remain the sole and exclusive owner of all right, title and interest in and to the Company name and logo, the term “RentPaid,” and all related names, logos, product and service names, designs and slogans, each of which are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs and slogans used in connection with the Website or Services are the trademarks of their respective owners. You must not use such marks without the prior written permission of us or the respective owner of such mark, and you must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
Copy, modify, create any derivative works or improvements of the Website or Services.
Reserve engineer, reverse assemble, disassemble or decompile the Website or Services or any part thereof, or otherwise attempt to derive or gain access to any source code of the Website or Services.
Bypass or breach any security device or protection used by the Website or Services or access or use the Website or Services other than as authorized using the user name obtained during user set-up.
Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Website or Services, or the provision of services to any third party by us or any third party service provider, in whole or in part.
Remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website or Services, including any copy thereof.
Use the Website or Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights.
Access or use the Website or Services for purpose of competitive analysis of the Website or Services, the development, provision or use of a competing software service or product or any other purpose that is to our determinate or commercial disadvantage.
Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Services.
If the Website contains links to other sites, applications or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The owner of the Website is based in the United States. We provide the Website for use only by persons located in the United States. Access to the Services by persons located outside the United States is not permitted.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE, SERVICES OR APPLICATION LINKED TO IT.
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE SERVICES OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 3 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Electronic Communications and Electronic Signature; Notice
You authorize us to accept your electronic signature as authentication of your access and use of the Services and consent to receive electronic communications from us in connection with your use of the Website and Services. It is your responsibility to ensure your email address is up-to-date and able to receive correspondence from us. Withdrawal of your consent to receive electronic communications or to the use of your electronic signature may be communicated to us by email as specified below and will become effective no earlier than five (5) business days from such notice. If such consent is withdrawn, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of our materials you have made.
Waiver and Severability