Subject to your compliance with all of the terms and conditions in these Terms of Service, you may use the Portal to view charges and authorize one-time or recurring electronic payments (the “Payment Service”) on the lease, community association, or other applicable agreement you have with your property manager (your “Payment Agreement”).
You may authorize a one-time or recurring payment in an amount that is more or less than the total due each month under your Payment Agreement or a variable amount based on the total due each month under your Payment Agreement. The maximum amount that you may authorize for any payment is $9,999.99. For recurring payments of variable amounts from a personal Portal account, you have the right to receive notice of each varying payment that falls outside of the payment range you authorized or differs in amount from the most recent payment by more than ten percent (10%). Your payment will be posted in the payments section of the Portal.
You may designate a posting date for a payment that is before or after the due date of any payment due under your Payment Agreement. You understand and agree that regardless of the payment amount or payment effective date you schedule using the Portal, you are responsible for complying with all of the terms and conditions of your Payment Agreement, including, without limitation, your agreement to make all payments when due and in the amount required by your Payment Agreement. You may not schedule a posting date for any payment more than ninety (90) days in advance of the scheduled posting date.
To use the Payment Service, you must add a bank account or credit card to your account within the Portal (each, a “Payment Form”). When you add a Payment Form and schedule a one-time or recurring electronic payment from that Payment Form, you authorize us to debit (take) electronic payment(s) from that Payment Form as scheduled. You warrant (promise) that you have the authority to authorize us to debit or, as applicable, charge the scheduled payment(s) from the Payment Form you have picked.
You understand and agree that if you schedule a one-time or recurring payment using the Payment Service, that payment will be processed (except if cancelled in a timely fashion in accordance with applicable law) even if your account with your property manager is prepaid at the time of processing or the payment results in a prepayment of your account with your property manager,. You may contact your property manager if you need assistance in determining whether prepayment of your account benefits you.
If paying via bank transfer, funds must be available in the linked bank account when an electronic payment is processed against that account. If a scheduled online payment fails because the linked bank account contains insufficient funds to satisfy the entire amount of your scheduled payment, you are not relieved of your responsibility to timely pay any amount then due in accordance with the terms and conditions of your Payment Agreement and any penalties imposed by your bank for insufficient funds.
If paying via credit card, you may be entitled to dispute a transaction, also known as a chargeback. If a scheduled online payment is reversed because of a chargeback, you are not relieved of your responsibility to timely pay any amount then due in accordance with the terms and conditions of your Payment Agreement and any penalties imposed by your financial institution.
You may terminate or revoke a payment initiated through the Payment Service if it is not in process by clicking on the applicable pages of the Portal. You are not permitted to affect, change, revoke or terminate a one-time payment or one in a series of recurring payments if that payment is in process, except as permitted by law. This means, among other things, that if you or we terminate your online payments or you revoke a series of recurring payments, that revocation or termination will not revoke or terminate any payment that is in process. For personal Portal accounts, you may cancel a recurring payment up to three (3) business days before the date of the next scheduled payment from the payments tab in the Portal. Once your next scheduled payment is canceled, all future recurring payments under your Payment Agreement will be canceled. Any and all payment refund and/or cancellation requests should be directed to your property manager.
You also may have the legal right to revoke electronic payments by contacting the financial institution that holds your linked bank account or issued your credit card. Contact your financial institution to determine the information your financial institution needs to process your revocation and the time your financial institution needs to process any revocation.
We may terminate or suspend your use of the Payment Service or Portal at any time in our sole discretion. If we so terminate, you remain responsible to make timely payments under the Payment Agreement.
There may be a transaction fee to use the Payment Service. Such fee is displayed at the time you make or schedule a payment. We reserve the right to change the fee amount for your use of the Payment Service. Nothing in this paragraph relieves you of your responsibility to pay any amount, fee or charge you may owe under your Payment Agreement. Also, you will be responsible for paying any amount you may owe other persons or companies related to the use of the Payment Service or any bank account or credit card linked to online payments. For example, a bank may charge a fee in connection with electronic payments debited to (taken from) a bank account you use to make a payment through the Portal.
You understand and agree that in utilizing the Payment Service to pay any rental or other obligation, the property manager does not waive its rights under applicable law or under the Payment Agreement to proceed against you should you tender less than the entire sum due and owing to the property manager. You also understand and agree that any partial tender of rent or other sums of money due shall obligate you to pay the entire remaining balance promptly thereafter. You understand and agree that your failure to pay all sums of money due may entitle the property manager to commence legal proceedings through an eviction action for all unpaid balances and recover its reasonable attorneys’ fees and court costs.
By agreeing to these Terms of Service, you are directing and authorizing us to verify the information you’ve provided and obtain additional background information about you through any means, including using a third party consumer reporting agency, such as GIACT Systems, LLC (P.O. Box 1116 Allen, Texas 75013 Fax: (469) 424-0887), to prepare a consumer report or an investigative consumer report for the purpose(s) of: validating the existence of an account (as defined in 12 C.F.R. § 229.2(a)) (an “Account”) and all associated data as part of determining whether to accept or decline a check or automated clearinghouse entry (each an “Item”) as payment for goods or services or determining whether to allow the Account or application to be enrolled for use in connection with future transactions by validating that the Account exists and/or is in good standing.
You further direct and authorize us to obtain from any law enforcement agency, present or past employer or supervisor, landlord (as allowed by law), finance bureau/office, credit bureau, collection agency, college, university or other institute of learning or certification, private business, military branch or the national personnel records center, personal reference and/or other persons, and authorize these entities to give records or information that they may have concerning your status as a registered sex offender (as allowed by law), criminal history (as allowed by law), motor vehicle/driving history, earnings history, credit history, character, general reputation, personal characteristics, mode of living, employment records, record of attendance and earned degrees or certificates, or any other information requested, whether the said records are private or public, and including those which may be deemed to be privileged or confidential in nature. Preparation of all consumer reports and investigative consumer reports will follow applicable federal, state, and local laws and regulations.
You have the right, upon written request made within a reasonable time after receipt of this notice, to request disclosure of the nature and scope of any investigative consumer report. You also acknowledge that our Privacy Policy is available to you.
View a summary of your rights under the Fair Credit Reporting Act.Washington State residents only: You also have the right to request from the relevant consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act.
New York residents only: You have the right to inspect and receive a copy of any investigative consumer report requested by us by contacting the relevant consumer reporting agency identified directly. You may also contact us to request the name, address and telephone number of the nearest unit of the consumer reporting agency designated to handle inquiries, which we shall provide within 5 days.
Michigan residents only: In connection with your authorization set forth above, you further authorize a third party consumer reporting agency such as GIACT Systems, LLC (P.O. Box 1116 Allen, Texas 75013 Fax: (469) 424-0887) and any of its agents and affiliates to access your protected personal identifying information.