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PayLease: The Payments-as-a-Service and software company that serves as an agent of the property management company ("merchant") for payment processing, and hosts and maintains this web site for the property management company.
Property Management Company: The legal entity that contractually manages or owns the property to which you are making your principal payment.
Principal Payment: The payment you are making to your property management company for your rent/lease, homeowner association dues, a security deposit, an application fee, etc.
Payment Processing: The services involved in processing your payment on behalf of the merchant, which include: merchant web site integration, merchant accounting software integration, daily merchant reporting, telephone customer service. The payment processing services provided to you by PayLease are different than and separate from the services provided to you by the property management company.
Fees: Fees assessed by PayLease for providing additional payment channels – Internet, telephone, walk-in payment locations - and the services involved in processing your principal payment, including a PayLease profit component. Fees also include any fees for expedited payment. Fees are not surcharges.
1. Description of PayLease Services: PayLease provides an online, phone and walk-in payment processing service to merchants in the property management industry. A merchant that uses the PayLease system can choose to provide to you the option to pay with an electronic check from your bank account (Automated Clearing House, ACH, or e-check), with a payment card and/or via cash at a third-party agent location. Merchants can accept payment for various items via the PayLease system, including lease payments, homeowner association dues, security deposits, application fees, etc. The merchant can choose to offer you options for one-time payments and/or automatic recurring payments. PayLease will process a transaction to your account according to the information you provide on the date you instruct PayLease to process the transaction. The transaction will be credited to the merchant, less any applicable service fees, within the time frame indicated online or over the phone subject to the No Warranty provisions in Section 12 (below). If a notification is selected, PayLease will send an e-mail receipt to you in a timely fashion as well as notification to the merchant via online reporting and e-mail.
PayLease is acting exclusively as an agent of the merchant for payment processing and is an independent contractor for all purposes. PayLease is not the retailer, seller, lessor or property management company. PayLease does not have control of, or liability for, the services that are paid for through the PayLease services.
2. Registration and Use: In consideration of your use of the PayLease services, you agree that: (i) the personal information provided to PayLease is accurate and in the event this information should change, you will update your information on the system to be true and accurate in a timely manner; (ii) that you are the user of the PayLease account and that you will not use the PayLease services for illegal purposes; (iii) you are at least 18 years old and a resident of the United States; (iv) you will comply with all applicable federal, state, local laws, rules and regulations regarding the transmission of any data obtained on the PayLease system; (v) you are fully responsible for all activity occurring under your username and password via your PayLease account and in the event you have knowledge of unauthorized access to your PayLease account, you will immediately notify PayLease at: http://www.support.paylease.com; and (vi) you are fully authorized to use any bank account or payment card registered in your PayLease account.
You authorize PayLease, directly or through third parties, to make any inquiries it considers necessary to validate your identity. PayLease also has the right to ask to see your driver's license or other identifying documents at any time.
3. Fees: Per PayLease's agreement with your merchant, PayLease may charge you a fee for certain uses of the PayLease service. PayLease will assess an additional fee if you elect to expedite the processing of your payment.
The fees are charged by PayLease, and not the merchant. The fees are for providing additional payment channels - Internet, telephone, walk-in payment locations – and the services involved in processing your principal payment. The payment processing services are different than and separate from the services provided to you by the property management company and for which you are making a principal payment(s), e.g. lease payment, homeowner association dues, security deposit, application fee, etc. The fees are based on the costs of providing these services, e.g. merchant web site integration, merchant accounting software integration, daily merchant reporting, telephone customer services, etc., and include a PayLease profit component. Fees are not surcharges, but may involve a discount if payment is made, for example, by means of an e-check transaction (ACH).
While the PayLease system displays all related fees in a visible location for you, you will receive a final confirmation page with the transaction amount including the fee and will be given the opportunity to either "Submit" or "Cancel" the transaction. In the event that your bank returns your payment for Non-Sufficient Funds (NSF), you authorize PayLease to assess and process an automatic $25.00 NSF Fee to the same account from which your payment was initiated. In the event that the NSF fee charged by PayLease is returned and/or generates additional fees assessed by your bank, you assume all responsibility for such fees.
4. Transaction Authorizations: You hereby authorize PayLease to transfer payment, including fees, from your bank account (ACH) or charge your payment card on behalf of the merchant for any of the transactions you submit. You agree that such submission of a transaction constitutes your authorization to PayLease to make the transfer. In the event you would like to request a refund for a transaction processed on the PayLease system, you must contact PayLease directly and adhere to the guidelines outlined in section 5 below for "Transaction Refunds."
5. When Your Bill is Paid: Your bill, e.g. lease payment, homeowner association dues, security deposit, application fee, etc., is considered to have been paid when your funds have cleared and are deposited into the merchant’s designated bank account, not before. Unless an item is returned, payments made through PayLease system are generally deposited within the following time frames (subject to specific daily cut-off times):
6. Transaction Refunds: You can request a refund through PayLease for a payment processed through your PayLease account if the payment is still in processing to the merchant. Once the funds have settled to the merchant's deposit account, you must request a refund through the merchant.
All transaction cancellations or refunds through PayLease must be requested by logging into your PayLease account and clicking on “Help” and then clicking on the “Contact Support” button. The request must include the transaction number and amount to be refunded. If you do not have login credentials – registered e-mail address and password – the refund request must be submitted to the merchant for processing. Refund requests through PayLease are fulfilled only during PayLease business hours Monday through Friday 7:00 AM-5:00 PM PST.
Refunds requests processed through PayLease can be issued to the bank account or payment card used for the transaction using the following steps:
7. Recurring Payments: Fixed AutoPay: For accounts that have been set up with the fixed recurring payment option ("Fixed AutoPay"), PayLease will debit your designated account for the authorized amount of the principal payment and PayLease fee on the designated day each month until the Fixed AutoPay is cancelled. PayLease reserves the right to increase its fee for Fixed AutoPay transactions without additional notice.
Variable AutoPay: For accounts that have been set up with the variable automatic recurring payment option ("Variable AutoPay"), the PayLease fee may change based on the principal amount of the transaction.
8. Credit Reporting: Payers who opt in to PayLease's credit reporting service authorize PayLease to report their lease payment data to one or more Consumer Reporting Agencies ("Agencies" or "Agency") as a means of developing their individual credit histories and scores. PayLease will report payments made only to participating property management companies or property owners.
PayLease has no control over how reported lease payment data will be used by the Consumer Reporting Agencies and makes no representation that reporting such data will improve your credit history or score. Once lease payment data is transmitted to a Consumer Reporting Agency, you acknowledge that the Agency will obtain an ownership interest in that data. You should review the terms and conditions of each Consumer Reporting Agency to understand how they collect, store, manage, use, modify, disseminate and/or distribute such payment data. Subject to the Fair Credit Reporting Act, you agree to hold PayLease harmless against any claims over a Consumer Reporting Agency's use or management of any data PayLease has provided.
You further acknowledge that inconsistent reporting or termination of reporting of lease payment data may negatively affect your credit history or score. PayLease is not liable for any claims, charges, demands, damages or adverse impacts on your credit history or score if you stop using PayLease's credit reporting service, cause reporting to be made inconsistently, or for any other reason.
PayLease will make its best effort to provide Consumer Reporting Agencies with lease payment data that is complete and accurate. In the event that PayLease reports data that is incomplete or inaccurate, PayLease will promptly provide complete and accurate information to the Agency. In no event shall PayLease be responsible for any claims, costs, expenses or damages resulting from incomplete or inaccurate reporting. Payers can notify PayLease of incomplete or inaccurate lease payment data by writing to:
9330 Scranton Road, Suite 450
San Diego, CA 92121
ATTN: Credit Reporting
9. Account Cancellation and Suspension: The account with PayLease can be cancelled either by you or by PayLease with or without cause at any time with immediate effect. In order for you to cancel the account, you must log in to your PayLease account and click on “Change Property or Deactivate Account” or visit http://www.support.paylease.com and submit a request to deactivate the account via the Contact Form. All pending transactions will be processed prior to the account being cancelled. As a result of the cancellation, all future payments on an Automatic Payment schedule will be cancelled. PayLease reserves the right to suspend or terminate your account with PayLease for any reason including but not limited to untrue or inaccurate information, fraudulent and/or illegal use of an account holder's information or a pending investigation of potential fraud.
If PayLease in its sole discretion believes that you may have engaged in any restricted activities, it may take various actions against you, including but not limited to: (i) closing, suspending or limiting your access to your account or the PayLease services; (ii) contacting your bank and/or payment card issuer; (iii) contacting your merchant; and/or (iv) taking legal action against you.
11. Intellectual Property: "PayLease", "PayLease.com" and all logos related to PayLease services are either trademarks or registered trademarks of PayLease or its licensors. You may not copy, imitate or use them without PayLease's prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PayLease. You may not copy, imitate or use them without PayLease's prior written consent. All right, title and interest in and to the PayLease services, any related content, the technology related to the PayLease services, and any and all technology and any content created or derived from any of the forgoing is the exclusive property of PayLease and its licensors.
12. E-Mail Marketing: By agreeing to the terms and conditions of the PayLease account, you are consenting to receive solicited e-mail notifications from PayLease. You have the right to decline receiving e-mails from PayLease by clicking on the Unsubscribe button at the bottom of one of the e-mails.
13. No Warranty: PayLease and/or its officers, directors, agents, subsidiaries, joint ventures, employees or suppliers (collectively, "agents") provide its services "as is" and without any warranty or condition, whether express, implied or statutory. PayLease and its agents specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PayLease does not guarantee continuous, uninterrupted or secure access to any part of the PayLease services. PayLease shall make reasonable efforts to ensure that all electronic debits and credits involving the Account are processed in a timely manner, however PayLease makes no representations or warranties regarding the accuracy or timeliness of such processing because PayLease's processing is largely dependent upon many factors outside of its control, such as delays in the U.S. banking system, interruptions in internet and/or telephone services, delays caused by third-party payment processors, etc. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
14. Limitation of Liability: In no event shall PayLease and/or its agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with these Terms and Conditions and/or the PayLease services (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. THE LIABILITY OF PAYLEASE AND ITS AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF THE PAYMENT PROCESSED BY PAYLEASE.
15. Release: You, the PayLease user, agree to release PayLease (and its officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with these Terms and Conditions, and/or the PayLease services. If you are a California resident, you hereby waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
PayLease is committed to ensuring the privacy and security of information collected through our web site. This privacy notice discloses the privacy practices for www.paylease.com This privacy notice applies solely to information collected by this web site. It will notify you of the following:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.Information exchanged via our Web site is sent in a secured format established with Secure Sockets Layer (SSL) technology. SSL technology secretly encodes information that is sent over the Internet between your computer and PayLease. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We are the sole owners of the information collected on this web site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to process a transaction.
You may contact PayLease regarding any information regarding your account. You can do the following by contacting us via the email address or phone number given on our website: