PayLease Payer Agreement Terms and Conditions
Merchant: the Property Management Company, Homeowners Association, and/or other business to which You owe a payment, and on behalf of which PayLease is accepting Your payment.
PayLease: The payments facilitation company that provides a payment solution and acts as a limited agent of the Merchant for the limited purpose of receiving, holding and settling payments to the Merchant.
Principal Payment: The payment You are making to the Merchant for an obligation You owe to the Merchant (for example, for rent, lease charges, homeowner association dues, a security deposit, an application fee, or other payment obligation). The Principal Payment is an amount You are paying the Merchant and is separate from any Service Fees paid to PayLease.
Service Fees: The fees charged by PayLease for providing the value added PayLease Payments-as-a-Service payment solution as described in detail below. Service Fees are separate from the amount of the Principal Payment and are for services, which are provided by PayLease on behalf of Merchant that are separate from the services provided to You by the Merchant directly. Service Fees are not surcharges.
- Description of PayLease Services:PayLease provides online, phone, mobile and “walk-in” payment solution services. The services provided by PayLease on behalf of the Merchant to facilitate Your payment of Principal Payment obligations to the Merchant are different than, and separate from, the services provided to You by the Merchant directly. You acknowledge and understand that PayLease acts as the limited agent of the Merchant for the purpose of accepting payments from You on behalf of the Merchant. PayLease is not the retailer, seller, lessor, property management company or homeowner association. You further acknowledge and agree that PayLease is not a party to any lease, contract, or other agreement between You and the Merchant. PayLease does not have control of, or liability for, the services that are provided by the Merchant. PayLease may provide services through third-party service providers of PayLease. If the Merchant terminates its agreement with PayLease You will no longer be able to use the Services.
You may have the option to make a Principal Payment to a Merchant with an electronic check from Your bank account (Automated Clearing House, ACH, or e-check), with a payment card (credit card, debit card or other approved payment card), through PayPal, and/or via cash at a third-party agent location, or as otherwise determined by the Merchant. The Merchant can choose to offer You options for one-time payments and/or automatic recurring payments. PayLease will facilitate Your transaction according to the information You provide on the date You authorize PayLease to process the transaction. The Principal Payment will be credited to the Merchant, and any applicable Service Fees credited to PayLease. If You choose to receive a separate email notification of Your payment and You provide Your email, PayLease will send You an e-mail confirmation of Your payment as well as providing notification to the Merchant.
- Registration and Use:In consideration of Your use of the PayLease Services, You agree that: (i) the personal information provided to PayLease is complete and accurate and in the event this information should change, You will update Your information in a timely manner to be complete, true and accurate; (ii) You are the user of the PayLease account and that You will not use the PayLease services for any 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 Your use of the PayLease Services and 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://support.paylease.com; and (vi) You are fully authorized to use any bank account, payment card or PayPal account, as applicable, 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 identifying documents at any time such as Your driver license and other documentation.
- Fees:PayLease charges You a Service Fee for Your use of the PayLease Service in accordance with these Terms and Conditions and PayLease’s agreement with Your Merchant. The Service Fees are charged for the services provided to You including providing additional payment channels (such as Internet, telephone, walk-in payment locations) and the services involved in facilitating payment of Your Principal Payment on behalf of the Merchant. The PayLease Payment Services are different than, and separate from, the services provided to You directly by the Merchant and for which You are making a Principal Payment(s), (e.g. lease payment, homeowner association dues, security deposit, application fee, etc).
While the PayLease system displays all related Service Fees in a visible location for You, You will receive a final confirmation page with the transaction amount including the Service 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.
- Transaction Authorizations:You hereby authorize PayLease to debit Your account, including the Principal Amount owed to the Merchant and Service Fees for PayLease Services, from Your bank account (ACH) or charge Your payment card or charge Your PayPal account on behalf of the Merchant for any of the transactions You submit. You agree that Your submission of a transaction constitutes Your authorization to PayLease to debit Your account, or charge Your card or PayPal account, based on the information You have provided. 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 6 below for “Transaction Refunds.”
- When Your Funds Are Paid:Payer acknowledges and agrees that subject to banking and card association rules and regulations, upon payment to PayLease by You for payment due to the Merchant, such payment obligation to the Merchant is considered paid and extinguished. Payment is deemed made by You at the time at which PayLease receives the funds (as agent of the Merchant). In the event that any payment received by PayLease is not delivered to the Merchant as described in these Terms, the Merchant will have recourse only against PayLease in connection with the payment.
- Transaction Refunds:You can request a refund through PayLease for a payment processed through Your PayLease account if the payment is still processing to the Merchant and not yet settled to the Merchant account. Once the funds have settled to the Merchant’s deposit account, You must request a refund directly 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 Pacific Time.
- 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 Service Fee on the designated day each month until the Fixed AutoPay is cancelled. PayLease reserves the right to increase its Service Fee for Fixed AutoPay transactions in accordance with applicable laws and regulations, however the fee will appear on the payment authorization page for You to see prior to Your approval of payment.
Variable AutoPay: For accounts that have been set up with the variable automatic recurring payment option (“Variable AutoPay”), the PayLease Service Fee may change based on the principal amount of the transaction.
- Credit Reporting:Payers who opt in to PayLease’s credit reporting service authorize PayLease to report their rent payment data (including payment of rent and personal validation information including but not limited to name, social security number and address, (“Rent 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 Rent Payment Data only for participating Merchants.
PayLease has no control over how reported Rent 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 Rent 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 data. You agree to hold PayLease harmless against any claims in connection with a Consumer Reporting Agency’s use or management of any Rent Payment Data PayLease has provided to Consumer Reporting Agencies.
You are solely responsible for providing accurate and complete Rent Payment Data. You further acknowledge that inconsistent or inaccurate reporting or termination of reporting of Rent 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, provide inaccurate or incomplete information, cause reporting to be made inconsistently, or for any other reason.
PayLease will provide to Consumer Reporting Agencies the Rent Payment Data that You provide to PayLease. PayLease shall have no liability in the event that You provide PayLease with Rent Payment Data that is incomplete or inaccurate. 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
- Account Cancellation and Suspension:You may discontinue use of the Services at any time. PayLease may discontinue the Services to You with or without cause at any time with immediate effect. If either You or PayLease discontinue the Services, we may retain certain information for recordkeeping/compliance purposes, and/or to complete any transactions that You began. 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://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: (i) if PayLease has reason to believe there has been or may be a breach of security, fraud, or misrepresentation in connection with Your account or the services , (ii) continued provision of the services would violate any applicable law, government regulation, or applicable industry or association rules or regulations (inclusive of the NACHA rules and regulations and the rules and regulations of a credit card association), (iii) use of any untrue or inaccurate information, or any complaint in connection with Your use of the PayLease services.
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.
- 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.
- No Warranty:PAYLEASE AND/OR ITS AFFILIATES AND JOINT VENTURES, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS (COLLECTIVELY, “PAYLEASE PARTIES”) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESS, VERBAL, IMPLIED OR STATUTORY. THE PAYLEASE PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO PAYLEASE PARTY REPRESENTS, WARRANTS OR GUARANTEES CONTINUOUS, ERROR FREE, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE PAYLEASE SERVICES. PAYLEASE WILL SEEK TO MAKE REASONABLE EFFORTS TO PROCESS ELECTRONIC DEBITS AND CREDITS INVOLVING THE ACCOUNT IN A TIMELY MANNER, HOWEVER NO PAYLEASE PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF SUCH PROCESSING, INCLUDING BECAUSE PAYLEASE’S SERVICES ARE 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, SUPPLIERS, ETC. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
- Limitation of Liability:IN NO EVENT SHALL THE PAYLEASE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR DAMAGES FROM LOSS OF USE OR DELAY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THESE TERMS AND CONDITIONS AND/OR THE PAYLEASE SERVICES (HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE TORT, CONTRACT, STRICT LIABILITY OR UNDER STATUTE) EVEN IF A PAYLEASE PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, and so the above limitation or exclusion may not apply to You. EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF THE PAYLEASE PARTIES TO YOU OR ANY THIRD PARTIES WILL IN NO EVENT EXCEED THE LESSER OF (I) THE AMOUNT OF THE FEES PAID TO PAYLEASE IN CONNECTION WITH THE PARTICULAR TRANSACTION GIVING RISE TO THE DAMAGES ALLEGED, OR (II) THE ACTUAL AMOUNT OF THE PAYMENT PROCESSED BY PAYLEASE FOR THE PARTICULAR TRANSACTION GIVING RISE TO THE DAMAGES ALLEGED. The foregoing limitation of liability and exclusion of certain damages will apply regardless of the success, sufficiency or effectiveness of other remedies.
- RELEASE:YOU, THE PAYLEASE USER, AGREE TO RELEASE THE PAYLEASE PARTIES 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.”
- Force Majeure:No PayLease Party will in any way be liable for any failure or delay in its performance as a result of a cause beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts of terror, war, riots, fire, storms, quarantine restrictions, floods, explosions, labor strikes or interruptions, loss or interruption of suppliers services or utilities (including, but not limited to, Internet or telecommunications services), external computer “hacker” attacks, delays of common carriers or similar causes that are beyond PayLease’s reasonable control.
- Arbitration; Governing Law:The terms of these Terms and Conditions are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of Your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PAYLEASE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT PAYLEASE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms and Conditions. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude You from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for You.
- General:These Terms and Conditions, together with any applicable policies, terms and conditions incorporated herein, constitute the entire agreement between You and PayLease relating to the subject matter hereof, and supersede any prior or contemporaneous agreement, oral or written, relating to such subject matter. If PayLease fails or delays to enforce any terms or conditions, it shall not be construed as a waiver of such terms or conditions. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being invalidated, and any invalid provision will be replaced with a valid provision that most closely approximates the intent of the invalid provision. You agree that these Terms and Conditions, and/or provision of the Services, may be assigned, delegated or transferred by PayLease, in its sole discretion. You may not assign, delegate or transfer these Terms and Conditions without the express prior written consent of PayLease. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. Sections 1, 2, 4, 9, 11-18, as well as any other terms which by their nature should survive, shall survive any termination or expiration of these Terms and Conditions.