This User Agreement (“Agreement”) is a contract between you and Smart Rent Online Inc. (“Smart Rent Online”) and applies to your use of Smart Rent Online’s Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement.
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
This is an important document which you must consider carefully when choosing whether to use the Services at any time. This Agreement also highlights certain risks on using the Services.
Please note the following risks of using the Smart Rent Online service:
- Payments received in your Smart Rent Online account may be reversed at a later time for example, if such a payment is subject to a Chargeback, Reversal, Claim or otherwise invalidated. This means that for some of our landlords, payments received into their Account may be returned.
- We may close, suspend, or limit your access to your Account or our Services, and/or limit access to your funds for up to 180 Days if you violate this Agreement, or any other agreement you enter into with Smart Rent Online.
- If you wish to open a Dispute, you must do so within 45 days of making your payment.
You must consider such risks and guidance when using Smart Rent Online.
1. Our Relationship With You.
1.1 Smart Rent Online is only a Payment Service Provider. Smart Rent Online helps you make payments to and accept payments from third parties. Smart Rent Online is an independent contractor for all purposes, except that Smart Rent Online acts as your agent only with respect to the custody of your funds. Smart Rent Online does not have control of or liability for the products or services that are paid for with our Service. We do not guarantee the identity of any User.
1.2 Intellectual Property. “SmartRentOnline.com”, “Smart Rent Online”, and all related logos, products and services described in our website are either trademarks or registered trademarks of Smart Rent Online or its licensors. You may not copy, imitate or use them without Smart Rent Online’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Smart Rent Online. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Smart Rent Online website and any content thereon is the exclusive property of Smart Rent Online and its licensors.
1.3 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Smart Rent Online’s prior written consent. Smart Rent Online reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.4 Notices to You. You agree that Smart Rent Online may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Smart Rent Online. Smart Rent Online will charge you a Records Request Fee of $25 to provide a paper copy. Smart Rent Online reserves the right to close your Account if you withdraw your consent to receive electronic communications.
1.5 Transaction History. You may view your transaction history by logging into your Smart Rent Online Account and looking at your Account History. You agree to review your transactions through your Account History instead of receiving periodic statements by mail.
1.6 Calls to You. By Providing Smart Rent Online a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Smart Rent Online at that number.
2. Eligibility and Types of Accounts.
2.1 Eligibility. To be eligible for our Services, you must be at least 18 years old and a resident of the United States. This Agreement applies only to Users who are residents of the United States.
2.2 Tenant and Landlord Accounts. We offer two different types of Accounts: Tenant and Landlord Accounts. By opening a Landlord Account and accepting the terms as outlined in this agreement, you attest that the information you enter in our system about your properties and tenants are correct and you are using our service to collect rent payments from your tenants.
By opening a Tenant Account and accepting the terms as outlined in this agreement, you attest that the information you enter in our system about yourself and associations you form with the properties within our system are correct and you are using our service to make rent payments to your landlords.
2.3 Identity Authentication. You authorize Smart Rent Online, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.
2.4 Credit Report Authorization. If you open a Tenant or Landlord Account, you are providing Smart Rent Online with your written instructions to obtain your personal and/or business credit report from a credit bureau. Smart Rent Online may obtain your credit report: (a) when you open a Tenant or Landlord Account, or (b) any time thereafter if Smart Rent Online reasonably believes there may be an increased level of risk associated with your Account. An increased level of risk includes, but is not limited to, a high number of chargebacks or reversals, or suspicious activity associated with your Account.
3. Sending Money.
3.1 Sending Limits. We may, at our discretion, impose limits on the amount of money you can send through our Service.
3.2 Payment Method Limitations. In order to manage risk, Smart Rent Online may limit the Payment Methods available for a transaction. In such a case, you may choose to continue with the transaction with the understanding that you may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory.
3.3 Bank Transfers. When you initiate an online rent payment, you are requesting an electronic transfer from your bank account. For these transactions, Smart Rent Online will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to Smart Rent Online to make the transfers. Once you have provided your authorization for the transfer, you will not be able cancel the electronic transfer. You give Smart Rent Online the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds.
3.4 Refused and Refunded Transactions. When you send money, the recipient is not required to accept it. You agree that you will not hold Smart Rent Online liable for any damages resulting from a recipient’s decision not to accept a payment made through the Service. We will return any unclaimed, refunded or denied payment within 30 Days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Balance or to the original Payment Method.
3.5 Recurring Payments. A Recurring Payment is a payment in which you authorize a landlord to directly charge your bank account on a one-time, regular, or sporadic basis. An example of a Recurring Payment is enabling auto-payment where you agree to allow a landlord to directly charge your bank account each month for your rent payment.
3.6 Canceling Recurring Payments. You may cancel a Recurring Payment at any time up to 7 Business Days prior to the date the payment is scheduled to be made. To cancel a Recurring Payment, log in to your Account and change the auto-payment settings.
4. Receiving Money.
4.1 Payment Review. Payment Review is a process by which Smart Rent Online reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, Smart Rent Online will place a hold on the payment and provide notice to the seller to delay shipping the item. Smart Rent Online will conduct a review and either clear or cancel the payment. If the payment is cleared, Smart Rent Online will provide notice to the seller to ship the item. Otherwise, Smart Rent Online will cancel the payment and the funds will be returned to the buyer. All payments that clear Payment Review will be Seller Protection Policy eligible if they meet the Seller Protection Policy requirements. Smart Rent Online will provide notices to you by email and/or in the Transaction History tab of your Smart Rent Online account.
4.2 Risk of Reversals, Chargebacks and Claims. When you receive a payment, you are liable to Smart Rent Online for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus the applicable Fees if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. You agree to allow Smart Rent Online to recover any amounts due to Smart Rent Online by debiting your bank account. If there are insufficient funds in your bank account to cover your liability, you agree to reimburse Smart Rent Online through other means.
4.3 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting Smart Rent Online as a payment method.
5. Closing Your Account.
5.1 How to Close Your Account. You may close your Account at any time contacting us through the help center of our website. Upon Account closure, we will cancel any pending payment. You are responsible for making sure that there is no pending payment prior to closing your Account.
5.2 Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect Smart Rent Online or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
5.3 Escheatment of Dormant Accounts. If you do not log in to your Account for two or more years, Smart Rent Online may close your Account.
All fees are in U.S. Dollars unless otherwise stated.
Per Transaction Fee: $2
Monthly Fee: $0
Setup Fee: $0
Insufficient Fund Error Fee: $2
7. Restricted Activities.
7.1 Restricted Activities. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Smart Rent Online, a User or a third party, you will not:
a. Breach this Agreement or any other agreement that you have entered into with Smart Rent Online (including a Policy);
b. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
c. Infringe Smart Rent Online’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d. Use Smart Rent Online to sell counterfeit goods.
e. Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
f. Provide false, inaccurate or misleading Information;
g. Send or receive what we reasonably believe to be potentially fraudulent funds;
h. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
i. Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Smart Rent Online and bank, or credit card issuer for the same transaction;
j. Use an anonymizing proxy;
k. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
l. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Smart Rent Online, a User, a third party or you;
m. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
n. Use your Account or the Services in a manner that Smart Rent Online, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
o. Provide yourself a cash advance from your credit card (or help others to do so);
p. Disclose or distribute another Users Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
q. Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
r. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
s. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
t. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
u. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
v. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
w. Use the Service to test credit card behaviors.
8. Your Liability – Actions We May Take.
8.1 Your Liability. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by Smart Rent Online, a Smart Rent Online User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse Smart Rent Online, a User, or a third party for any and all such liability.
8.2 Temporary Holds for Disputed Transactions. If a tenant files a Claim, Chargeback or Reversal on a payment you received, Smart Rent Online will place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute, Smart Rent Online will lift the temporary hold. If you lose the dispute, Smart Rent Online will remove the funds from your Account.
8.3 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to Smart Rent Online, Smart Rent Online may immediately remove such amounts from your bank account. If you do not have a Balance that is sufficient to cover your liability, your Account will have a negative Balance and you will be required to immediately add funds to your Balance to eliminate the negative Balance. If you do not do so, Smart Rent Online may engage in collection efforts to recover such amounts from you.
8.4 Actions by Smart Rent Online. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Smart Rent Online, a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
a. We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Payment Methods, and your ability to send money, make withdrawals, or remove financial Information);
b. We may contact the parties you had rental agreements with, contact your bank or credit card issuer, and warn other Users, law enforcement, or impacted third parties of your actions;
c. We may update inaccurate Information you provided us;
d. We may refuse to provide our Services to you in the future;
e. We may hold your funds for up to 180 Days if reasonably needed to protect against the risk of liability; and
f. We may take legal action against you.
Smart Rent Online, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
8.5 Account Closure, Termination of Service, or Limited Account Access. If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
8.6 Reserves. If you receive high volume of payments, Smart Rent Online, in its sole discretion, may place a Reserve on funds held in your Account when Smart Rent Online believes there may be a high level of risk associated with your Account. If your Account is subject to a Reserve, Smart Rent Online will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Smart Rent Online determines is necessary to protect against the risk associated with your Account. Smart Rent Online may change the terms of the Reserve at any time by providing you with notice of the new terms.
8.7 Acceptable Use Policy Violation – User Fines. If you violate the Acceptable Use Policy then we may hold your funds up to 180 Days, fine you up to $2,500.00 USD for each such violation and take legal action against you to recover additional losses we incur. You acknowledge and agree that a fine up to $2,500.00 USD is presently a reasonable minimum estimate of Smart Rent Online’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Smart Rent Online that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Smart Rent Online may deduct such fines directly from any existing bank account in the offending Account, or any other Smart Rent Online Account you control.
9. Disputes with Smart Rent Online.
9.1 Contact Smart Rent Online First. If a dispute arises between you and Smart Rent Online, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Smart Rent Online regarding our Services may be reported to Customer Service online through the Smart Rent Online Help Center at any time.
9.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.3 Law and Forum for Disputes. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Smart Rent Online must be resolved by a court located in either Alameda County, California. You agree to submit to the personal jurisdiction of the courts located within Alameda County, California for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
9.4 Improperly Filed Litigation. All claims you bring against Smart Rent Online must be resolved in accordance with this Agreement. All claims filed or brought contrary to section 9 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 9, Smart Rent Online may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Smart Rent Online has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9.5 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
9.6 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (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. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
9.7 No Warranty. SMART RENT ONLINE, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SMART RENT ONLINE, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Smart Rent Online does not have any control over the products or services that are paid for with our Service and Smart Rent Online cannot ensure that a tenant or a landlord you are dealing with will actually complete the transaction or is authorized to do so. Smart Rent Online does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our site may be interfered with by numerous factors outside of our control. Smart Rent Online will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Smart Rent Online makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
9.8 License Grant. Smart Rent Online and its licensors grant you a limited nonexclusive license to use Smart Rent Online’s software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all Smart Rent Online documentation accompanying the Services. If you do not comply with Smart Rent Online’s implementation and use requirements you will be liable for all resulting damages suffered by you, Smart Rent Online and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Smart Rent Online’s software are owned by Smart Rent Online.
9.9 Indemnification. You agree to defend, indemnify and hold Smart Rent Online, its parent, officers, directors and employees 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 this Agreement and/or your use of the Services.
9.10 Assumption of Rights. If Smart Rent Online pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that Smart Rent Online assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Smart Rent Online’s discretion.
9.11 Release of Smart Rent Online. If you have a dispute with one or more Users, you release Smart Rent Online (and our officers, directors, agents, 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 such disputes. In addition, you 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.
a. “ACH” means the Automated Clearing House network.
b. “Account” or “Smart Rent Online Account” means a Landlord or Tenant Account.
c. “Agreement” means this agreement including all subsequent amendments.
d. “Authorize” or “Authorization” means you authorize Smart Rent Online to collect a payment from your Account.
e. “Business Days” means Monday through Friday, excluding Holidays.
f. “Chargeback” means a request that a buyer files directly with his or her credit card company or bank to invalidate a payment.
g. “Confirmed Address” means an address that has been reviewed by Smart Rent Online and found highly likely to be that of the User to which it is associated.
h. “Customer Service” is Smart Rent Online’s customer support which can be accessed online through the Smart Rent Online Help Center at any time.
i. “Days” means calendar days.
j. “Information” means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, billing/shipping address, phone number and financial information.
k. “Smart Rent Online,” “we,” “us” or “our” means Smart Rent Online, Inc. and its subsidiaries and affiliates.
l. “Policy” or “Policies” means any Policy or other agreement between you and Smart Rent Online that you entered into on the Smart Rent Online website, or in connection with your use of the Services.
m. “User,” “you” or “your” means you and any other person or entity using the Service.