By clicking the "I Agree to Terms and Conditions of PayRentChex" check box you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the PayRentChex Service. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all U.S. law regarding the transmission of any data obtained from the Service in accordance with the terms and conditions of Service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the service. At any time and from time to time, PayRentChex may modify the terms and conditions of access and use of this site. Accordingly, please continue to review these terms and conditions of Service whenever accessing or using this site. Your use of the Site, or any service on this Site, after PayRentChex has the posted modifications to these terms and conditions of Service will constitute your acceptance of any and all additional terms and conditions of Service, as modified. If, at any time, you do not wish to accept the terms and conditions of Service, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of Service are expressly rejected by PayRentChex and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
Description of PayRentChex Services
PayRentChex currently provides access to an Internet-based electronic payment service for monthly rents, periodic rents, security deposits, other deposits, condo fees, timeshare charges, fixed utility payments, other fixed payments and all other fees and charges related to leased space, fixed or variable (the "Electronic Rent Payment Service"). The Electronic Rent Payment Services are offered via credit card, on-line electronic checking, or pay-by-phone payment options. This Service is offered in order to facilitate electronic transactions between property owners or property managers (“Owner/Manager”) and their respective tenants.
You, as the Tenant of a participating Owner/Manager, are eligible to use the Electronic Rent Payment Service to pay your rent and any related fees covered under a separate PayRentChex service agreement with your Owner/Manager. Your credit card, on-line electronic checking, or pay-by-phone payments made through our Electronic Rent Service will be remitted to your Owner/Manager in accordance with the PayRentChex Service Agreement with such Owner/Manager. Once you have agreed to the PayRentChex Terms & Conditions, you will choose a unique User Name and create a Password which will be matched in our database with your unit. Once a User name and Password is created, you may begin paying your rent electronically. Some Owner/Manager’s may not offer the pay-by-phone and credit card payment option. Please contact your property Owner/Manager in order to verify whether they offer such an option. Begin the process now by carefully reading the following Terms & Conditions.
Membership Account, Password and Security
TENANT will receive an activation link sent to their email address inviting them to sign up and attach themselves to their respective unit. TENANT will create a User Name and Password when completing the sign up process for the Service. You are solely responsible for maintaining the confidentiality of your User Name and Password, and are fully responsible for all activities occurring under your password or account. You agree to notify PAYRENTCHEX immediately if you notice unauthorized use of your password or account or any other breach of security. PAYRENTCHEX cannot and will not be liable for any damage or loss arising from your failure to comply with this Section. TENANT acknowledges that he/she has used the PAYRENTCHEX website for the purposes of facilitating rent and other related transactions electronically.
TENANT agrees to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Service's sign up form (the "Sign up Information") and (ii) where applicable and appropriate, maintain and promptly update the Sign up Information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or complete, or if PayRentChex, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PayRentChex, reserves the right to suspend or terminate your PayRentChex account and refuse any and all current or future use of the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms and conditions of service.
Fees and Payments
PAYRENTCHEX, reserves the right at any time to charge and/or increase fees for access to portions of the Service or the Service as a whole. In no event will you be charged for access to portions of the Service or to the Service unless PayRentChex obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the Service by PayRentChex, or by any other vendor or service provider. Late fees may be assessed by your property Owner/Manager for rent payments made by credit card, on-line electronic checking or pay-by-phone media, or as established in your lease agreement with the participating Owner/Manager.
For all electronic transactions that are returned by the TENANT’s bank due to Non-Sufficient Funds (NSF) or for any other reason(s), the participating property Owner/Manager will charge a NSF FEE equal to the amount that is stated in your lease agreement for each such declined request. TENANT will be responsible for these fees, and the TENANT hereby authorizes the participating Owner/Manager to take all necessary steps to recover any such fees from the TENANT, including but not limited to, directly debiting TENANT’S bank account or charging their Credit Card for the amount due plus any associated transaction fees.
Payment Cancellation, Credit and Refunds
For payments you believe were improperly made, PayRentChex may, in its sole discretion, void, rescind or issue a credit for your rent payment made through the Service at any time prior to the remittance of such rent payment to your participating Owner/Manager. If a rent payment dispute arises after payment is forwarded to your participating Owner/Manager, the responsibility to settle the rent payment dispute rests with you and participating Owner/Manager. You waive the right to cancel credit card payments which have been cleared through PayRentChex clearing entity.
Tenant acknowledges that PAYRENTCHEX is responsible solely for processing the electronic transactions that the TENANT initiates and does not hold itself out as a collection agency. TENANT understands that PAYRENTCHEX will supply both Owner/Manager and TENANT with a timely electronic confirmation via email acknowledging that a particular transaction has been received by PAYRENTCHEX and posted to Owner/Manager’s Billing History. If such notification is not received, PAYRENTCHEX makes no guarantee that the transaction was ever received by PAYRENTCHEX or that payment was ever posted to Owner/Manager’s Billing History. Absent an email confirmation of receipt, it is solely the responsibility of the TENANT to ensure that their payment has been properly received by the Owner/Manager. Additionally, it is the TENANT’s responsibility to ensure that such transactions are received by Owner/Manager in a timely basis according to the terms of the separate lease/rent agreement executed between the TENANT and Owner/Manager. Any dispute between the OWNER/MANAGER and TENANT regarding amount of payment, timing of payment, lack of payment, late-charges incurred, overdue rent and the like will be handled exclusively between Owner/Manager and the TENANT. PAYRENTCHEX is merely providing an electronic rent transaction service to facilitate rent payments between TENANT and Owner/Manager.
Either TENANT or PAYRENTCHEX may cancel use of the Service with or without cause at any time and effective immediately. You may cancel the Service by calling PAYRENTCHEX or by sending an e-mail to [Support@PayRentChex.com] to request discontinuance of the Service. You will remain liable for all outstanding payments and fees due at the time of cancellation. PAYRENTCHEX or the participating Owner/Manager may terminate the Service immediately without notice if you, in PAYRENTCHEX’s or property Owner/Manager's sole discretion, fail to comply with any provision of these terms and conditions of service.
The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an "AS IS" basis with no warranty. To the maximum extent permitted by law, PayRentChex disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products, and materials, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. Any claim, suit, action or other proceeding brought against PayRentChex, its employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against PayRentChex, its employees, representatives, suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate Sign Up Information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with PayRentChex or the participating Owner/Manager. The user's access to and use of the PayRentChex.com Website, and the terms of this disclaimer are governed by the laws of the State of New York.