Your use of the Services offered by PaySlate Inc. (referenced here as "PMC", "us", "we" or "our") is governed by this Agreement between you and PMC.
BY USING OUR SERVICES, YOU: (1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME; (2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE 18 YEARS OLD OR OLDER OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED AND, IF APPLICABLE, IN GOOD STANDING; AND (3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT, AND TO PERFORM ALL ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT, INCLUDING, IF APPLICABLE, ACTING ON BEHALF OF YOUR TENANT IN THE EVENT YOU ARE A PROPERTY MANAGER OR LANDLORD. IF YOU ARE A THIRD PARTY ACCESSING AN ACCOUNT ON BEHALF OF AN AUTHORIZED USER (E.G., AS A PROPERTY MANAGER, AN ADMINISTRATOR, CONSULTANT, ANALYST, AGENT, PARENT, CHILD, GUARDIAN, RELATIVE, ETC.), YOU AGREE THAT THESE TERMS APPLY, MUTATIS MUTANDIS, TO YOUR ACTIVITIES ON BEHALF OF SUCH USER.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES.
When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
(a) "Account Profile" means a user's account created for unique identification;
(c) "Bank Account Payment" and "Pre-Authorized Debit" refer to the use of the Services to make a payment via checking/chequing bank account by Tenants to their Landlords or property managers (as applicable);
(d) "Business Days" and "Pre-Authorized Debit" refer to the use of the Services to make a payment via checking/chequing bank account by Tenants to their Landlords or property managers (as applicable);
(e) "Cash Payment" refers to the use of the Services to make a payment via cash where available;
(f) "Chargeback Support Fee" has the meaning given to such term in section 5.5 of this Agreement;
(g) "Credit Card Payment" refers to the use of the Services to make a payment via credit card by Tenants to their Landlords or property managers (as applicable);
(h) "Credit Reporting" refers to the optional credit reporting services offered on PMC's Website that facilitate the reporting of certain payments made by Tenants to credit bureaus;
(i) "Debit Card Payment" refers to the use of the Services to make a payment of rent or other related fees via Visa debit card or MasterCard debit card by Tenants to their Landlords or property managers (as applicable);
(j) "Force Majeure" means any act, occurrence, condition or event beyond the control of a party that materially affects the performance of that party's obligations under this Agreement that could not reasonably have been foreseen or provided against, including such events as fires, telecommunications or utility or power failures, governmental or quasi-governmental acts, equipment failures, labor strife, riots, war, non-performance of vendors or suppliers or acts of God, but not including general economic conditions;
(k) "Indemnified Parties" means PMC and its subsidiaries, parents, affiliates, officers, directors, agents, employees, consultants, customers, suppliers, Payment Processor, and other representatives, taken collectively;
(l) "Landlord" means the person or entity, including but not limited to property management companies, with whom a Tenant has an agreement under which the Tenant is using the Services to facilitate Payment;
(m) "Lease" refers to the written lease agreement between a Tenant and Landlord;
(n) "Linked Sites" means third-party websites or applications accessed through our Website;
(o) "Merchant Account" means a merchant account established at the Underwriting Bank into which one or more Payments may be made;
(p) "Merchant Services Agreement" means, collectively, the merchant services agreements set forth at
BlueSnap Merchant Services Agreement and Paysafe Merchant Services Agreement
(q) "Payment" means a Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or a Cash Payment as the case may be;
(r) "Payment Amount" refers to the aggregate dollar value of a Payment exclusive of the Service Fee;
(s) "Payment Processor" means any of PMC's third party payment processors, including, without limitation, Paysafe Merchant Services Inc., Paysafe Merchant Services Corp. and BlueSnap Enterprise Canada ULC;
(t) "Recurring Payment" refers to an automatic recurring payment processed monthly on the date selected by a Tenant or Landlord;
(u) "Service Fee" means the fee charged by us to you for use of the Services including but not limited to a fee charged for: (i) a Credit Card Payment, Debit Card Payment, Bank Account Payment or Pre-Authorized Debit; (ii) acceptance of a Cash Payment by PMC; and/or (iii) a monthly subscription fee;
(v) "Services" means the internet Payment, Credit Reporting and other services offered through the Website, a Payment Processor or third parties;
(w) "Tenant" means the person or entity who uses the Services to make Payments pursuant to an agreement entered into with a Landlord;
(x) "Third Party Services" refers to the services provided by third parties which Users may access through links on the Website, including without limitation, tenant screening services, insurance services, credit services, and services provided by Payment Processors;
(y) "Underwriting Bank" means PMC's third party underwriting bank;
(z) "User" or "you" means a Tenant or Landlord, as applicable, who is using the Services; and
(aa) "Website" means the website located at https://let.us and all related webpages.
This Agreement covers the terms of your participation with respect to the Services. We may from time to time offer additional Services in which case this Agreement will apply to such additional Services.
When you enroll to use our Services, you must create an account and provide an Account Profile. You agree to keep the information in your profile current. If we become aware of any changes to your personal information, we may update your profile. You may opt out of communications, delete your account, and remove payment method details but your payment history and any information linked to those transactions will remain in our system, as well as any information as required or permitted by law.
To be eligible to use our Services, you must be either (1) an individual at least 18 years old who is able to form legally binding contracts or legally act on behalf of an individual under applicable law with a mailing address in the United States or Canada; or (2) a corporation, partnership, or other legal entity duly formed and, if applicable, in good standing, and have the power and authority to enter into this Agreement and perform the acts as required by you under this Agreement. You may use the Services on your own behalf or as the authorized representative of a corporation registered to conduct business in the same country in which you reside. No machines, scripts or automated services may be used to access or use the Services. This Agreement is in addition to and supplements any master services agreement or other agreement you have entered into, or may in the future enter into, with PMC.
You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity, banking information and business entity information (if applicable). This may include asking you for further information, personal information, requiring you to take steps to confirm ownership of your email address, bank account or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources. You represent and warrant that you have the power and authority to provide this information to us.
Where Tenants have a written lease agreement in place with their Landlord, Tenants may opt into the Credit Reporting service subject to the restrictions described in this section.
If you are a Tenant who opts into the Credit Reporting services, you will be automatically deemed to:
(i) represent and warrant that you have entered into a written lease agreement with your Landlord under which there is at least one year remaining on the Lease;
(ii) represent and warrant that you have provided proof of your identity to your Landlord;
(iii) represent and warrant that you will report all rental payments made for the duration of the Lease;
(iv) agree to promptly notify PMC if you do not make a payment through the PMC Services during the credit reporting period and advise whether the payment was missed or made by an alternate payment method;
(v) consent to PMC authenticating your identity and confirming whether Lease payments have been made through third party applications or by contacting your Landlord; and
(vi) acknowledge and understand that through your use of the Credit Reporting service, no improvement in your credit score may occur, even if you make all required payments to your Landlord in a timely fashion.
If you are a Landlord whose Tenants use the Credit Reporting services, you will be automatically deemed to:
(i) represent and warrant that you have entered into a written lease agreement with the applicable Tenant, with a term of at least one year remaining on the Lease;
(ii) agree to promptly notify PMC upon learning that any information is inaccurate or misleading, and provide PMC with any corrections or additional information necessary to ensure the credit reporting information supplied is complete and accurate;
(iii) agree to report the Tenant's rental payments for the full term of the Tenant's Lease, even if the Tenant requests that the Landlord or property manager cease reporting such rental payments before the expiration of the Lease term;
(iv) agree to notify the Tenant of the reporting requirement described in paragraph (iii) above before using the Credit Reporting services;
(v) agree to promptly notify PMC if the Tenant does not make a payment through the PMC Services during the credit reporting period and advise whether the payment was missed or made by an alternate payment method; and
(vi) represent and warrant that you or the property manager have verified the identity and residency of the Tenant and provided such documentation to PMC.
You acknowledge that PMC is solely an intermediary between you and the credit reporting agencies actually furnishing the credit profiles and scores at issue. PMC expressly disclaims any liability for the inaccuracy or incompleteness of any such credit profiles, credit scores, offers or other information, tools or analyses available through our Credit Reporting services, or any inaccuracies in data reporting or processing by any third parties.
PMC provides hosting and data processing services for building owners, Landlords, property managers and certain other third parties. PMC is a Payment Service Provider ("PSP"), not a bank, money transmitter or money services business ("MSB"), and we do not offer banking or MSB services as defined by the United States Department of Treasury. As a PSP, PMC collects, analyzes and relays information generated in connection with payments between the Tenant and the Landlord. You authorize PMC to provide this information to the Underwriting Bank in order for the Underwriting Bank to facilitate payments.
As a result, the Underwriting Bank – and not PMC – actually conducts the settlement of card transactions. The Underwriting Bank is the party with sole responsibility for conducting the settlement of funds between the Tenant and the Landlord. In order to act as a PSP, PMC must enter into agreements with third parties. You are not a third party beneficiary of these agreements. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and decline to do so, we may suspend or terminate your Account Profile or use of the Services.
You agree to be bound by the Merchant Services Agreement. For further clarity, the Merchant Services Agreement is an agreement for Third Party Services. This Agreement expressly incorporates the terms and conditions of the Merchant Services Agreement, which constitutes a legal binding contract between you, on the one hand, and BLUESNAP ENTERPRISE CANADA, ULC and its designated Member Bank, or PAYSAFE GROUP, LTD., and its designated Member Bank, on the other hand. Furthermore, you must abide by the applicable Operating Regulations, the rules of the Associations and Laws as defined in the Merchant Services Agreement and are assuming the risk of compliance with all of those provisions.
Fees payable by the Landlords or property managers to utilize the Services applicable to Landlords or property managers hereunder include a one-time fee or recurring fees or a combination of both as set out below:
One Time Account Set-Up Fee.
(i) the setup and configuration for all properties in the portfolio, including those purchased after the Landlord or property manager enters into this Agreement;
(ii) training of current and future staff;
(iii) electronic and physical marketing materials; and merchant account setup.
Monthly Subscription Fee
Monthly fees for:
(i) payment processing technology;
(ii) merchant account fees; and
(iii) Landlord or property manager support and resident support via telephone, email, live chat and text message.
The fees listed above are subject to change at the sole discretion of PMC and notice may be given to you in accordance with this Agreement. If you have a different arrangement for fees in any master services agreement or other agreement with us, the other agreement will govern.
Our Website may contain Linked Sites through which you can access the provision of Third Party Services. These Linked Sites are provided solely as a convenience to our Users. The Third Party Services found through the Linked Sites are not under PMC's control, and PMC is not responsible for the quality of the Third Party Services or the content of such Linked Sites, including any information or materials contained on such Linked Sites. PMC may process Payments in respect of Third Party Services and/or receive referral fees or revenue sharing in respect of your use of any Third Party Services. You should use your own discretion when evaluating and using the Linked Sites and Third Party Services.
By using the Services, you agree that PMC may share information about yourself or other persons with third parties for the purposes of performing the Third Party Services. You acknowledge and agree that: (i) PMC is not providing the Third Party Services; (ii) the Third Party Services are not subject to this Agreement and are only subject to the terms and conditions offered by the provider of the Third Party Services ; and (iii) PMC does not makes representations about, does not endorse, and is not responsible for the products, services, privacy policies or practices relating to such Third Party Services. Please refer to the terms and conditions of the applicable third party provider.
Users who are Landlords agree to the following additional terms and conditions with respect to use of Services offered by Splitit:
Splitit will facilitate payment in full to the Landlord of payment amounts owing by Tenants or other payors of the Landlord (the "Payor(s)") using a credit card, and such Payor(s) will pay the Payment Amount in installments over time using the Splitit platform (collectively, the "Splitit Services").
You acknowledge and agree that:
(i) the Splitit Services are being provided by Splitit and are not PMC products or endorsed or controlled in any way by PMC;
(ii) PMC will charge the Payor(s) a convenience fee in connection with their use of the Splitit Services; and
By using the Splitit Services, you are deemed to have authorized and appointed PMC to act as agent on your behalf and to enter into any and all necessary agreements on your behalf with respect to the Splitit Services, including a merchant funding and receivables purchase agreement between you and Splitit, the terms of which can be found at:
You acknowledge and agree that as a result of using the Splitit Services, you may be deemed to offer credit to Tenants and that you are solely responsible for determining whether such activities are regulated or prohibited in your applicable jurisdiction. If you do not wish to use the Splitit Services, you must immediately contact PMC so that we can disable the use of the Splitit Services for you and your Tenants.
You agree that PMC will not be liable for any damages, direct or indirect, incurred by you as a result of your use of the Splitit Services, regardless of whether you accessed the Splitit Services through the Website.
In consideration for PMC acting as your agent with respect to the Splitit Services, you agree to defend, indemnify and hold harmless the Indemnified Parties against any and all losses, and any and all claims brought by a third party, which the Indemnified Parties (or any of them) incur, become liable for or subject to, based upon, arising from or in connection with your use of the Splitit Services.
Without limiting the foregoing, you agree to indemnify PMC and Splitit with respect to any chargebacks initiated by the Payor(s), whether or not such chargebacks relate to the Splitit Services.
In addition to the terms and conditions hereunder, Users of services offered by Rentify Inc. are required to read, agree and comply with the following terms of conditions of Rentify Inc.:
When you make a Payment using our Services, our Payment Processor relays the payment information and transaction details and responses between you, your credit card issuing bank (or one or more credit card agencies), the Underwriting Bank and any other third parties required to process the transaction. The transfer of the Payment Amount is effected between your credit card issuing bank and the Underwriting Bank (and not PMC). You accept and agree that PMC or any Third Party Services does not at any time receive, collect or hold any Payment.
Immediately after you make a Payment using the Services, PMC will charge you a non-refundable Service Fee. This Service Fee is payable in addition to (and in advance of) the Payment. Service Fees are never deducted from or adjusted against Payment Amounts. Service Fees are paid into a separate Merchant Account established by PMC and are subject to change at any time.
It is your responsibility to determine what, if any, taxes apply to the Payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PMC is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.
Since Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or Cash Payment processing times depend on administrative factors and institutional backlogs beyond our control, Credit Card Payments, Debit Card Payments, Bank Account Payments, Pre-Authorized Debit or Cash Payments may take up to five Business Days (and in rare cases, even longer) to complete. Furthermore, completion of a Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or a Cash Payment is contingent on both the authorization of the Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or a Cash Payment by the applicable credit card issuing bank and acceptance of the Credit Card Payment or Debit Card Payment by the Underwriting Bank. In the event that a Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or a Cash Payment initiated by you is unable to be completed, we will attempt to notify you at least once through our Website or using the contact information in your Account Profile. In the case of such delay or non-completion, your liability to the intended recipient of the Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or a Cash Payment may be subject to penalties, late fees and interest charges assessed by such recipient, all of which remain your responsibility (and not PMC's). If a Credit Card Payment, Debit Card Payment, Bank Account Payment, Pre-Authorized Debit or a Cash Payment is not completed, you are not entitled to a return of any Service Fees charged by us, irrespective of the reason for non-completion.
A chargeback is typically caused when a Tenant or cardholder disputes a charge that appears on their bill. A chargeback may result in the reversal of a transaction, with the amount charged back to the Tenant. Tenants may be assessed chargebacks for disputes, unauthorized or improperly authorized transactions, transactions that do not comply with the payment network rules or terms of this Agreement, transactions that are allegedly unlawful or suspicious, or any reversals by the payment network, our Payment Processor or acquiring bank, or the cardholder's card issuing financial institution.
If your Payment is completed, you accept and agree that no refunds, cancellations or charge backs are permitted through the Website. If a Payment is refunded, canceled or charged back by your credit card issuing bank, bank, financial institution, or another person, you are not entitled to the return of any associated Service Fees, irrespective of the reason for such refund, cancellation or charge back. You accept and agree not to request a refund, cancellation or chargeback of Service Fees from your credit card issuing bank, bank, financial institution or any other person. Your Landlord may authorize a refund for a Payment by submitting a written request to us. The refund is subject to the funds being made available by your landlord and the amount will only be refunded to the original payment method used for the payment. There are no refunds whatsoever twelve (12) months after the original payment transaction date. We reserve the right to recoup any costs associated with processing a refund, cancellation or chargeback from you. All chargebacks are subject to an additional non-refundable chargeback support fee of $35.00 (the "Chargeback Support Fee") charged by us to the Landlord.
At any point if it is determined that you are incurring excessive chargebacks, we may impose additional fees, penalties or fines. Excessive chargebacks may also result in additional controls and restrictions to your use of the Service, including without limitation, delays in your Payments, or suspension or termination of your account(s) and the Services.
Once you receive a Payment, you accept and agree that there are no refunds, cancellations or chargebacks of Service Fees. Refunds for Payments to Tenants are permitted when the request is made in writing by you and the funds are available. The refund transaction will only be applied to the same payment method used for the payment. There are no refunds whatsoever twelve (12) months after the original transaction date. If a chargeback is initiated by a Tenant, you will be responsible for any associated fees.
When a chargeback is issued, you are immediately liable for the full amount of the chargeback plus any associated fees, Chargeback Support Fees, fines, expenses or penalties (including those assessed by the payment network or our Payment Processors). You agree that we may recover these amounts by means of EFT/ACH debit of your merchant account, bank account or setting off any amounts owed to you by us. If we are unable to recover funds related to a chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand.
You or PMC may elect to contest chargebacks assessed to your account(s). We will provide you with assistance including notification to help contest your chargebacks. We do not assume any responsibility for our role or assistance in contesting chargebacks. You agree to provide us with the necessary information, within two (2) business days of our request, but in any event no later than five (5) business days of our request, and at your expense, to investigate or help resolve any chargeback. If you fail to provide us with the necessary information within five (5) business days, you will forfeit the right of dispute. You also grant us permission to share records or other information required with the Tenant or cardholder, the cardholder's financial institution, and your financial institution to help resolve any disputes. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible chargeback being assessed. If the cardholder's issuing bank of the payment network does not resolve a dispute in your favor, we may recover the chargeback amount and any associated fees, including the Chargeback Support Fee, from you as described in this Agreement and all applicable agreements.
At any point if it is determined that you are incurring excessive chargebacks, we may impose additional fees, penalties or fines. Excessive chargebacks may also result in additional controls and restrictions to your use of the Service, including without limitation, delays in your Payments, or suspension or termination of your account(s) and the Services.
If you use pre-authorized debit, you authorize PMC and/or the Landlord to debit the bank account you have identified as per your instructions on the regular recurring payments for payments arising under your account. You acknowledge that the amount you are debited, the date on which you are debited and the frequency by which you are debited will be based on the terms of your agreement and may vary from one billing period to the next, and you will be advised of it prior to the debit occurring. You may revoke this authority at any time upon 30 days’ written notice. To obtain a sample cancellation form, or for more information on your right to cancel a pre-authorized debit agreement, you may contact your financial institution or visit www.payments.ca. You waive your right to receive pre-notification of the amount of the pre-authorized debit and agree that you do not require advance notice of the amount of pre-authorized debits before the debit is processed. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not consistent with your pre-authorized debit agreement. To obtain more information on your recourse rights, you may contact your financial institution or visit www.payments.ca. You authorize BlueSnap, Inc to process payments on behalf of PMC and/or the Landlord.
Subject to your right to terminate your pre-authorization, this authorization will remain in effect after termination of this Agreement and until all of your obligations to us have been paid in full. If you change your bank account, this authorization will apply to the new account and you shall provide us, in writing, such information regarding the new account as we deem necessary. Such new account shall thereafter be and become the new bank account for the purpose of this Agreement. It may take us up to ten (10) business days after receipt of a written notice from you to reflect in our system any change to your bank account. If you change your bank account, you agree that you are responsible for all costs incurred by us in connection with your decision to change the account. You may revoke any pre-authorization upon thirty (30) days' prior written notice to us. It is your responsibility to disable your pre-authorized debit or recurring payment a minimum of 2 full business days before the scheduled recurring payment date.
If you receive pre-authorized Debit Card Payments, you must comply with the following requirements:
Authorization - you must receive the Tenant's prior authorization for the amount, frequency and duration of the pre-authorized Payment.
Required Cancellation Procedures for Preapproved and/or Pre-Authorized Debit Card Payments. You must provide Tenants with the ability to cancel a preapproved Payment and/or pre-authorized Debit Card Payment within three (3) Business Days of the scheduled date of the preapproved payment and/or pre-authorized Debit Card Payment. In addition, if your Tenants signed up for the preapproved Payment and/or pre-authorized Debit Card Payment through an online method, you must provide a simple and easily accessible online cancellation procedure. If your Tenant cancels the preapproved Payment and/or pre-authorized Debit Card Payment, you may not charge for the preapproved Payment.
We may, at our sole discretion, impose limits on the Payment you can send or receive through our Services.
NOTWITHSTANDING ANY OTHER PROVISION, PMC IS NOT RESPONSIBLE FOR A TENANT'S PAYMENT OF RENT OR OTHER FEES TO YOUR LANDLORD OR OTHER PAYEES: YOU ARE SOLELY RESPONSIBLE. ANY FAILURE IN RELATION TO MAKING A PAYMENT TO YOUR LANDLORD OR PAYEES IS YOUR SOLE RESPONSIBILITY AND PMC IS NOT LIABLE, IN ANY WAY, FOR YOUR FAILURE OR INABILITY TO MAKE PAYMENTS TO YOUR LANDLORD OR PAYEES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE YOU HAVE INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOUR LANDLORD OR PAYEES AS A RESULT OF PMC CHARGING ANY APPLICABLE SERVICE FEE FOR YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANY OTHER PROVISIONS, PMC IS NOT RESPONSIBLE FOR THE PAYMENT OF RENT OR FEES TO YOU BY A USER, OTHER THAN TO THE EXTENT WE FACILITATE THE PROCESSING OF SUCH PAYMENT. ANY FAILURE IN RELATION TO A USER'S ABILITY TO MAKE A PAYMENT TO YOU IS THE SOLE RESPONSIBILITY OF SUCH USER, AND PAYSLATE IS NOT LIABLE, IN ANY WAY, FOR ANY FAILURE OR INABILITY OF A USER TO MAKE A PAYMENT TO YOU. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE A USER HAS INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOU AS A RESULT OF PMCE CHARGING ANY APPLICABLE SERVICE FEE FOR USE OF THE SERVICES
If you make or attempt to make a Payment through the Website and the Payment is rejected for insufficient funds (an “NSF Payment”), in addition to any insufficient funds fee mandated by your financial institution and/or Landlord, we may, in our discretion, charge an NSF Payment in the amount of $35.00 in the local currency where you are resident. If you make or attempt to make an NSF Payment, each of we and your Landlord may refuse to allow you to initiate any kind of new Payment by ACH or Pre-Authorized Debit until your account is restored to good standing. For avoidance of doubt, if any Payment you initiate using the Website does not successfully complete, the intended Payment recipient reserves the right to seek payment from you via the Website or otherwise. The amount of the NSF Payment fee in this section is subject to change in our sole discretion and without notice.
If any Service Fee is declined for a Payment you have made, your account will be considered in arrears. You must pay any outstanding Service Fees to put your account back into good standing. No additional Service Fees are applicable when paying the Service Fee through your account. Failure to do so may result in your account being suspended and/ or a third party collections agency contacting you.
If any single transaction is investigated and is determined to be fraudulent or suspicious, in PMC's sole discretion, PMC may terminate or limit the relevant User's account. Such default, fraudulent or suspicious transactions may be reported to legal authorities. We reserve the right not to authorize or settle any transaction you submit which we believe is in violation of this Agreement and all applicable agreements. We are not responsible for fraudulent transactions that are authorized by the payment network or bank.
If you choose to use Marketplace Services offered by PMC, in addition to the above provisions, you agree that: (a) PMC is not responsible for the verification of the information provided by you about the Landlord for the use of the Marketplace Services; (b) PMC makes no representations or warranties that the Landlord will accept Payment via the Marketplace Services; (c) PMC is not responsible for any late or missed payments made through Marketplace, whether as a result of a failure of the Landlord to accept the Payment or otherwise; and (d) PMC makes no representations or warranties that payment via Marketplace will be error free.
If your Landlord does not accept your payment via the Marketplace Services within 24 hours, PMC will return the funds to you. PMC makes no representation or warranties that funds will be returned to you within a certain period of time and is not responsible for any late or missed payments as a result of the funds not being returned to you promptly.
In connection with your use of our Website and our Services, you agree to:
(a) use the Services exclusively for the remittance and acceptance of rental, condominium, utility or other property management fees, and not for the remittance or acceptance of any other types of payments unless approved by us;
(b) comply in all respects with this Agreement and any other agreements that you have entered into with us;
(c) comply with all applicable Federal, State/Provincial and Local laws and regulations;
(d) not register multiple PMC accounts without our prior written consent;
(e) not infringe our or any third party's copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(f) provide, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;
(g) not make or receive Payments using the Services to provide yourself or any other person with a credit card cash advance;
(h) respond in a reasonable and timely fashion to our communications;
(i) not introduce or facilitate the use or spread of any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(j) not use any robot, spider, other automatic device or manual process to monitor or copy our Website without our prior written consent;
(k) not use any device, software or routine to bypass our robot exclusion headers or to interfere, or attempt to interfere, with our Website or our Services; and
(l) not take any action that may cause us to lose any of our services from our internet service providers, our Payment Processor or other suppliers.
IF PMC HAS REASON TO BELIEVE, IN ITS SOLE DISCRETION, THAT YOU OR OTHERS MAY ENGAGE OR MAY HAVE ENGAGED IN ANY CRIMINAL OR CIVIL VIOLATION OF APPLICABLE LAWS, PMC MAY CEASE TO PROVIDE YOU THE SERVICES, AND WILL CONTACT THE APPROPRIATE ADMINISTRATIVE AND LAW ENFORCEMENT AUTHORITIES. YOU AGREE TO COOPERATE FULLY WITH ANY SUCH INVESTIGATIONS.
You grant to us a limited, non-exclusive and revocable license to access and use all information and data that you provide in connection with your use of our Services. You agree not to use our Services for co-branding, framing, linking or reselling any portion of our Services.
"PMC", "propertymanagercloud.com", "Property Manager Cloud", all related logos, marks, symbols, and words on our Website (including the Services) are either trademarks or registered trademarks that belong to us or to our licensors. In addition, all content and materials on our Website, Website page headers, custom graphics, button icons, and scripts are our copyrighted materials, service marks, trademarks or trade dress that belong to us or our licensors. You may not copy, imitate or use any of the foregoing without our prior written consent.
You accept full responsibility for all risks associated with electronic communications between us, including, without limitation, the risk that such communications may be delivered to the wrong person, intercepted, lost or altered by a third party.
You are responsible for ensuring that the Services, your Merchant Account and your PMC Account will only be used by you or someone legally authorized to act on your behalf. You agree that any electronic communications made by you or purporting to have been made on your behalf will be binding on you.
You agree to notify us immediately if you know or reasonably ought to know that an unauthorized person is accessing or may access our Services (through your PMC account or otherwise) or if you become aware of any actual or threatened use of our Services in a manner contrary to this Agreement.
There may be links on our Website to websites not owned or operated by us. We make no representations about, do not endorse, and are not responsible for the content, products, services, privacy policies or practices relating to such other websites. We are not responsible for any losses realized by you or claims made against you relating to your use of such other websites.
Electronic records and other information maintained by us regarding any electronic communications with you will be admissible in any legal, administrative or other proceedings as conclusive evidence of the contents of those communications in the same manner as an original paper document, and you waive any right to object to the introduction of any such record or other information into evidence on that basis.
Standard message rates and data charges from your carrier apply when sending and/or receiving PMC text messages or calling the PMC Help Center. Please check with your carrier if you have questions about your plan and costs.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Services. You are also responsible for keeping your email address, street address, and other personal information, up to date in your Account Profile.
By providing us with a telephone number (including a mobile telephone number), you consent to receiving auto-dialed and pre-recorded message calls from us at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive SMS/text messages from us about your use of the Services at that number. Your call may be recorded for training and quality purposes.
You agree to indemnify and hold harmless each of the Indemnified Parties from any claim or demand made by any or all Indemnified Parties or any third parties (including reimbursement of reasonable legal costs incurred) due to or arising out of your use of our Services or our Website, your breach of this Agreement or your violation of any law or right of any third party.
IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE TO YOU FOR LOST PROFITS, BUSINESS, REVENUE, OR CUSTOMERS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DISCLOSURE OF INFORMATION OR LOSS OF PRIVACY), HOWEVER ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT INCLUDING NEGLIGENCE EVEN IF PMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANYTHING TO THE CONTRARY NOTWITHSTANDING, THE CUMULATIVE LIABILITY OF ALL INDEMNIFIED PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED IN TOTAL TO THE LESSER OF (A) THE SERVICE FEES YOU PAID TO PMC IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO AN ALLEGED LIABILITY AND (B) FIFTY DOLLARS, AS THE SOLE AND EXCLUSIVE REMEDY.
OUR SERVICES ARE PROVIDED AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE ACCESS TO ANY PART OF OUR SERVICES.
We may, in our sole discretion and without penalty or liability whatsoever, terminate this Agreement or your access to our Services for any reason and at any time, upon notice to you.
This Agreement shall be for an initial term of twelve (12) months commencing on the Effective Date (the "Initial Term") and shall automatically renew at the end of each successive term for a further twelve (12) months unless terminated in accordance with the terms and provisions of this Agreement, unless otherwise provided for in any specific agreement between you and us, in which case the terms of such agreement will govern.
All monetary and non-monetary obligations of the parties owing or to be performed or discharged prior to the date of termination or expiration shall survive termination until such obligations have been performed or discharged.
Unless otherwise specified, all dollar amounts referred to in this Agreement are in lawful money of Canada and the United States, as applicable.
PMC is an independent contractor. Nothing contained in this Agreement will create a partnership, joint venture, principal-and-agent relationship or any similar relationship between us.
We may use one or more third-party service providers in the course of providing our Services. You agree that information about you and your Payments may be shared with or accessed by such Third Party Services providers whether or not you are using the Third Party Services.
You understand that the Services may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Services, including without limitation, PMC, any and all MoolaPerks, contests and promotions at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement. We do not guarantee the availability of the Services and/or any of the MoolaPerks or other benefits contained therein, and they are all subject to change at any time without notice.
This Agreement constitutes the entire agreement between us relating to the subject matter of this Agreement; it supersedes and replaces any previous or contemporaneous agreements and discussions between us.
You represent and warrant that your execution of and performance under this Agreement (a) in no way breaches, contravenes, violates or in any manner conflicts with any of your other legal obligations, [including, without limitation, your corporate charter or similar document, if applicable,] or any agreement between you and any third party; and (b) has been duly authorized by all necessary actions and does not require any consent or other action by or in respect of any third party.
In order to be effective, notice pursuant to this Agreement must be given as follows:
(a) notice to you may be given by electronic mail to the email address stated in your Account Profile, or by posting such notice on our Website, whether addressed specifically to you or more generally to users of our Website or our Services; and
(b) except as otherwise stated in this Agreement, notice to us must be sent by postal mail, with an electronic mail copy to firstname.lastname@example.org, to:
1900 - 1040 West Georgia Street,
Vancouver BC V6E 4H3
and such notice is effective on the fourth Business Day following the day on which it is postmarked.
The invalidity or unenforceability of any particular provision of this Agreement will not affect or limit the validity or enforceability of the remaining provisions.
This Agreement is governed by, and is to be interpreted, construed and enforced in accordance with, the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia, excluding any rule or principle conflicts of law that may provide otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
The parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Province of British Columbia with respect to any legal action or proceeding which may be brought at any time relating in any way to this Agreement except for applications for injunctive relief or specific performance by PMC. Each of the parties irrevocably waives any objection it may now or in the future have to the venue of any such action or proceeding, and any claim it may now or in the future have that any such action or proceeding has been brought in an inconvenient forum. Jurisdiction and venue under this Agreement shall lie in the Province of British Columbia.
This Agreement ensures to the benefit of and binds the parties' respective heirs, executors, administrators and other legal representatives, successors and permitted assigns. You may not assign this Agreement without our prior written consent. We may assign this Agreement to a third party upon notice to you.
This electronic Agreement and any other materials incorporated herein will be:
(a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing;
(b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and
(c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
We may amend this Agreement from time to time at our discretion. You accept responsibility for reviewing all communication about this Agreement on our Website and acknowledge you will be deemed to have agreed to the terms of amendments communicated on our Website if you continue to use our Services.
Any information provided to you by us is merely guidance and you agree that it does not constitute professional advice. You should consult with professional accounting, tax, legal and other advisors before deciding to use our Services.
A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
The provisions of Sections 1, 3, 4, 5, 6.2, 7, 8, 9, 10, 11.2 and 12 of this Agreement shall survive termination and expiration.
We are not responsible for damages caused by delay or the failure to perform any of our obligations under this Agreement when the delay or failure is the result of Force Majeure.
The parties confirm that this Agreement, as well as any other documents relating to this Agreement, have been and shall be prepared in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais. Las partes confirman que este Acuerdo, así como cualesquiera otros documentos relacionados con este Acuerdo, han sido y serán preparados en el idioma inglés solamente.