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PayLease Payer Terms and Conditions:

Thank you for using PayLease. Please take the time to review the terms and conditions of usage for the PayLease system and the PayLease Privacy Policy By clicking on the "Agree with Terms and Conditions" button, you, the payer, signify your acceptance of the Privacy Policy and the terms and conditions of the PayLease service. Please note that PayLease reserves the right to modify these terms and conditions at any time. If, at any time, you do not wish to accept these terms and conditions of service, you may choose to not use the PayLease system.

Definitions

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):

  • Payment Card Transactions:
    • Standard Processing Funds will be deposited on the third business day after your payment is made. Example: You make a payment on Monday and funds are deposited on Thursday (not including days on which the Federal Reserve is closed, e.g. weekends and holidays).
    • Express Pay Processing Funds will be deposited on the first business day after your payment is made. Example: You make a payment on Monday and funds are deposited on Tuesday (not including days on which the Federal Reserve is closed, e.g. weekends and holidays).
  • E-Check Transactions (ACH):
    • Standard Processing Funds will be deposited on the third business day after your payment is made. See Example above.
    • Express Pay Processing Funds will be deposited on the first business day after your payment is made. See example above.
  • Check Scanning:
    • Funds will be deposited on the first business day after your payment is made. See Express Pay example above.
  • Cash Pay:
    • Funds will be deposited on the second business day after your payment is made (not including days on which the Federal Reserve is closed, e.g. weekends and holidays).

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:

  • Payment Card Transactions:
    • If you request a refund on the transaction date PRIOR to 3:00 PM PT and this transaction date is on a business day, the entire amount of the transaction including the PayLease fee can be refunded to you.
    • If you request a refund AFTER 3:00 PM PT of the transaction date and the transaction has not deposited to the merchant, a refund can be issued for the amount of the payment less the PayLease fee.
  • E-Check Transactions (ACH):
    • Standard Processing E-check transactions are processed through the Federal Reserve each business day at 4:00 PM PT. If a payment is processed after 4:00 PM PT, it will be processed to your bank via the Federal Reserve on the next business day.
    • If Standard Processing e-check refund is requested prior to 3:00 PT on the business day that it is processed, the entire transaction including the PayLease fee can be cancelled and will not process.
    • Express Pay Processing E-check transactions are processed through the Federal Reserve each business day at 11:55 AM PT. If a payment is processed after 11:55 AM PT, it will be processed to your bank via the Federal Reserve on the next business day.
    • If Express Pay Processing e-check refund is requested prior to 11:00 AM PT on the business day that it is processed, the entire transaction including the PayLease fee can be cancelled and will not process.
    • If an e-check refund is requested and processed after the transaction has been transmitted to the Federal Reserve, the refund less the transaction fee will be processed to your account within 3 business days to allow the payment to clear.

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. 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.

9. Restricted Activities: In connection with your use of the PayLease services, you will not: (i) breach these Terms and Conditions, the Privacy Policy, or any other agreement or policy that you have agreed to with PayLease; (ii) violate any law, statute, ordinance or regulation; (iii) infringe PayLease or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (iv) provide false, inaccurate or misleading information; (v) send what PayLease reasonably believes to be potentially fraudulent funds; (vi) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provided to PayLease; (vii) control an account that is linked to another account that has engaged in any of these restricted activities; (viii) take any action that imposes an unreasonable or disproportionately large load on PayLease's infrastructure; (ix) facilitate any viruses, Trojan horses, worms or other programs that may damage, interfere with, surreptitiously intercept or expropriate any system, data or information; (x) use an anonymizing proxy; (xi) use any robot, spider, other automatic device, or manual process to monitor or copy PayLease's services; or use any device, software or routine to bypass the robot exclusion headers, or interfere or attempt to interfere with the PayLease services; (xii) take any action that interferes or attempt to interfere with the PayLease services; or (xiii) take any action that may cause PayLease to lose any of the services from its internet service providers, payment processors or other suppliers.

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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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."

15. Indemnification: You agree to indemnify and hold PayLease and its agents harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of the PayLease Privacy Policy, these Terms and Conditions, the documents incorporated by reference and/or your use of the PayLease services.

16. General: Any claim or dispute arising out of these Terms and Conditions or the Privacy Policy shall be resolved through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association, in accordance with its rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. These Terms and Conditions are governed by and interpreted under the laws of the state of California, without regard to conflict of law provisions. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern these Terms and Conditions to the extent that the FAA is inconsistent with California law. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions may be automatically assigned by PayLease, in its sole discretion, to a third party in the event of a merger or acquisition. These Terms and Conditions, together with any applicable policies and the documents incorporated herein, sets forth the entire understanding between you and PayLease with respect to the subject matter hereof. Sections 1, 2, 4, 8, 10, 11, 12, 13 and 14, as well as any other terms which by their nature should survive, shall survive any termination or expiration of these Terms and Conditions.

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Privacy and Security Notice

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:

  1. What personal identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Security

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.

Information Collection, Use, and Sharing

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.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Access and control over your information

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:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Privacy and Security Notice