eRentPayment, LLC User Agreement
Payment Service Description:
eRentPayment, LLC, including our subsidiary eRentPayment Card Processing, provides access to an Internet-based electronic payment service for monthly rental payments, periodic rental payments, security deposits, security refunds, other deposits, and all other payments, fees, online applications and charges related to leased space, fixed or variable ("Payment service"). The Payment service is offered via on-line electronic checking and credit/debit card payment options (“electronic payment”). The service is offered in order to facilitate electronic transactions between renters ("Renter") and their respective property owners or property managers ("Manager").
You are eligible to submit payments covered under our User Agreement to Participating Affiliates. Your on-line electronic payments made through our Payment service will remitted to the Participating Affiliate in accordance with our service agreement. You will receive a confirmation from eRentPayment acknowledging the eRentPayment's receipt of on-line electronic checking payment.
For User's submitting an electronic payment through the Payment service, they will be referred to as "Payer" in the following User Agreement. User's that receive electronic payments through the Payment service will be referred to as "Payee" in the following User Agreement.
User agrees that he/she has used the Payment Service for the purposes of facilitating rental payments and other related transactions electronically.
User understands and agrees that eRentPayment, LLC is not and has not represented it is a Real Estate Brokerage.
User agrees that eRentPayment, LLC is not acting as a Real Estate Brokerage on behalf of the Renter or Manager in connection with the electronic payments. Any action taken by eRentPayment, LLC on behalf of the user is and will be within the course and scope of eRentPayment's Payment Service for accepting Renter's rent payments electronically; verifying the payment's authenticity; and remitting payment to the Payee. The electronic payment will be processed in compliance with all privacy laws and confidentiality protections for all users and in full compliance with all fair housing requirements of Governing authorities in Federal, State, and Local jurisdictions.
Each user will choose a User ID and password when completing the sign up process for the Payment Service. You are responsible for maintaining the confidentiality of your User I.D. and Password, and are fully responsible for all activities occurring under your password or account. You agree to notify eRentPayment, LLC immediately if you notice unauthorized use of your password or account or any other breach of security. eRentPayment, LLC cannot and will not be liable for any damage or loss arising from your failure to comply with this Section.
User acknowledges that eRentPayment, LLC has made no guarantee of any kind with regard to the obligations of the Manager to Renter under the lease.
User acknowledges that eRentPayment, LLC is only responsible for processing the electronic transactions
that the Payer initiates and does not hold itself out as a collection agency nor does it in any way
guarantee payments by the Payer. The User understands that eRentPayment, LLC will supply both the Renter
and Manager with a timely electronic confirmation via email acknowledging that a particular transaction
has been received by eRentPayment, LLC and posted to the Payer's and Payee's Transaction History.
If such notification is not received, eRentPayment, LLC makes no guarantee that the transaction was ever
received by eRentPayment, LLC or that the payment was ever posted to the Payer's and Payee's Transaction History.
Absent an email confirmation of receipt, it is solely the responsibility of the Payer to ensure that their
payment has been properly received by the Payee. Additionally, it is the Payer's responsibility to ensure
that such transactions are received by the Payee in a timely basis according to the terms of the separate
lease/rental agreement executed between the Renter and Manager. Any dispute between the Renter and Manager
regarding amount of payment, timing of payment, lack of payment, late-charges incurred, overdue rent,
stoppage of a recurring payment set up through an Automatic Authorization Form, and the like will be handled
exclusively between the Renter and Manager. eRentPayment, LLC is merely providing an electronic rent transaction service to facilitate rent payments between the Renter and Manager and does not inherit the risk assumed by any party in relation to any transactions performed through the service. Both the Renter and Manager may be required to provide bank account verification through either a voided check/account statement and/or a deposit verification process. eRentPayment, LLC is not liable for any delays or issues in using the service while the bank account verification is pending or being processed. If a Payer wishes to cancel a
transaction after submitting the payment and if the payment is scheduled for a future date the Payer must
void the payment at least two business days prior to the scheduled date to ensure it is voided before we begin
processing the payment. Transactions are typically sent to the national banking system between 6pm EST and
8pm EST on regular business days but the time may vary so any payments submitted that day and scheduled for
the same day must be voided prior to the transaction being sent to the national banking system if the Payer
does not wish the payment to be processed. The Renter acknowledges that they are responsible for complying
with any debit card or credit card agreements, terms, or conditions applicable to their debit card or credit
card as well as any and all costs associated with using the debit card or credit card to process a payment on
the Payment service.
Recurring payments scheduled for a weekend or holiday may be processed on the prior business day. The payer’s bank account may be debited the next business day following the scheduled date since we don’t debit the payer’s bank account until the business day following the transaction processing day. For example, if a recurring payment is scheduled for a Saturday on a particular month we may process the transaction on Friday and the payer’s bank account will be debited on Monday.
Manager must register their units and input the necessary information for such units on eRentPayment's web site. eRentPayment, LLC intends only to provide a medium through which Managers can collect, and tenants can remit payment for, due rents or other related fees electronically. Therefore, the Manager will be responsible for registering with eRentPayment, LLC, registering its properties with eRentPayment, LLC, and providing its tenants with the necessary information they need to complete the transactions. The eRentPayment, LLC staff is on-call for any questions or guidance that the Manager may have throughout the process. eRentPayment, LLC intends only to provide a medium through which Owner/Manager can collect, and tenants can remit payment for, due rents or other related fees electronically. The Manager must ensure any settings for their profile or property records meet all applicable regulations and laws as eRentPayment, LLC is not responsible for reviewing profile and property settings, for example reviewing late fee settings to ensure they meet local and state laws.
Manager agrees to sign and execute any and all papers, documents, and verifications required in order to effectuate this User Agreement and its intended purpose.
Manager agrees to: (i) provide information about themselves or their company that is true, accurate, current and complete as prompted by the Registration process and (ii) where applicable and appropriate, maintain and promptly update the registration information to keep it true, accurate, current and complete. If Manager provides information that is untrue, inaccurate, not current or complete, or if eRentPayment, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eRentPayment, LLC reserves the right to suspend or terminate the Manager's eRentPayment account, and refuse any and all current or future use of the Payment Service. Manager may not use the Payment Service for any illegal purpose or in any manner inconsistent with the terms and conditions of service.
Fees for Managers and Renters if applicable
eRentPayment reserves the right at any time to charge and/or increase fees for access to portions of the Payment service or the Payment service as a whole. In no event will you be charged for access to portions of the Payment service or to the Payment service unless eRentPayment obtains 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 Payment service by eRentPayment, or by any other vendor or service provider. You shall pay all applicable taxes relating to the use of the Payment service through your account, and the purchase of any other services. Late fees may be assessed for rental payments made by on-line electronic checking which occur after the late dates and/or grace periods associated with the property at the time of the payment. Certain portions of the Payment service or the Payment service as whole may require a prepaid fee ("Prepaid Fee"). You will pay the Prepaid fee, and all taxes and other fees related thereto, in advance. In no event will you receive any portions of the Payment service or the Payment service as a whole if a Prepaid Fee is required unless eRentPayment receives all fees and charges payable by you, including the Prepaid Fee.
- Sending Payments
It is free for Renters to submit an electronic payment unless the Manager of the Property
has elected for the Renter to pay part of or the entire payment fee when submitting a rental payment.
The Renter portion of the payment fee, if applicable, will be charged through a separate transaction
for ACH transactions and included with the total payment amount for credit/debit card payments.
Any convenience fees for debit/credit cards will be determined by each property record to cover the
card processing costs assessed to the party receiving the card payment and the renter agrees to honor
the convenience fee by authorizing the payment. Please note that debit/credit card processing may
not be available for every property as debit/credit card processing is an optional feature that must
be added by the Manager. If a Renter requires debit/credit card processing, please check with the
Manager if debit/credit card processing is available for the property before registering.
The Payment fee for ACH will be based on the Transaction Fee Option entry in the associated property at the time of the payment and based on the Convenience Fee setting in the Master Settings or property for credit/debit card payments. The Manager can modify the Transaction Fee Option or Convenience Fee entries for each property at any time. The Transaction Fee Option entry for the ACH fee is visible to each Renter in the Property Details section.
You acknowledge and agree that no refunds, cancellations, or chargebacks are permitted after an electronic payment is processed unless the receiving party agrees to refund the payment by contacting the Payment service.
For Manager to Renter electronic payments the Manager is responsible for the payment fee.
For each ACH payment received through the Payment Service using our Standard pricing option, user authorizes eRentPayment, LLC to debit the following payment fee from the payee's on-line checking account:
- All payments besides Weekly Recurring Payments: $3.00 per payment
- Weekly Recurring Payments: $2.00 per payment
This will be a separate transaction against the on-line checking account and the payment fee will not be deducted from the payment amount deposited into the payee's on-line checking account.
For monthly rental payments and periodic rental payments, the Transaction Fee Option entry in the associated property will reduce or eliminate the payment fee deducted from the Manager's on-line checking account if the Manager elects for the Renter to pay part of or the entire payment fee.
For credit/debit card processing the manager authorizes the card processing company to debit their account for any necessary fees agreed to in the card processing agreement, if the manager signs up for card processing.
If the electronic payment fails because of Non-Sufficient Funds for the payer, then Transaction Fee will be credited to the payee's on-line checking account if the separate Transaction Fee was still processed from the payee's account.
Plus Pricing Option:
If Manager selects the Plus (Monthly) pricing option Manager will be charged the following every month beginning on the month the Plus option was started:
Monthly Fee: $10
Any additional processed transactions over 5 transactions for the given month will be billed at $1 per transaction. The minimum amount billed will be $10 regardless of whether transactions were processed. Manager cannot elect for Renter to pay part or all of Transaction Fee with the Plus option. The transaction count will be based on the number of transactions deposited during the month being billed and will only include Processed transactions.
Around the last day of every month a Transaction Fee will be generated to debit Manager around the 5th of the following month for the month of activity, if applicable. For example, on the last day of April Manager will be billed for the April fee plus any additional transactions beyond 5 processed in April and Manager will be debited around the 5th of May.
Manager will continue to be billed the Plus fee until Manager selects the option within the Master Settings section to stop the Plus option. eRentPayment will schedule the cancellation through the end of the billing cycle for the stop month selected and the Plus option will be active through the end of the billing cycle. eRentPayment does not offer refunds or credits for partial months at the beginning of Plus activation or at the cancellation of the Plus option as Manager will be billed for the entire start or cancellation month. eRentPayment does not offer credits or refunds if Manager does not process up to 5 transactions in a month.
eRentPayment reserves the right to charge Manager a Non-Sufficient Funds fee or Return fee of $5 plus the balance due for any Transaction Fees generated for the Plus option that are not processed successfully from Manager’s bank account. We reserve the right to attempt to debit the failed Plus transaction fee from a different bank account on the profile, if necessary.
Plus option will take effect for all transactions submitted after the Plus option is started. Any transactions already submitted in the current month will not be included in the billing nor will any refunds be provided for payments already processed at the Standard pricing.
There are currently no property fees to add a property. There are currently no fees to list a property in the Vacancy listing.
eRentPayment, LLC must have a copy of a voided check for the checking account to be used for receiving payments along with a copy of a valid government issued I.D. card.
To submit an electronic payment by telephone the user must already have a User I.D. created on the Payment Service and have the property they are submitting a payment for added to their profile.
User authorizes eRentPayment, LLC to initiate, and user's financial institution to honor, an electronic payment via telephone for the user if the user provides the following:
- The Renter Code of the property they are submitting a payment for.
- The last four digits of the Bank Account they are submitting the payment with.
- The User I.D. they created on the Payment Service.
If the renter elects to have the transaction fee, if applicable, scheduled for the same date as the payment we will not refund the transaction fee if the payment is returned for any reason.
Payment Service Cancellation and Refunds
Either you or eRentPayment may cancel use of the Payment Service with or without cause at any time and effective immediately. You will remain liable for all outstanding payments and fees due at the time of the cancellation. eRentPayment may terminate the Payment Service immediately without notice if you, in eRentPayment's sole discretion, fail to comply with any provision of these terms and conditions of service.
Property ID and Renter Code
Each Manager will create a unique Renter Code when adding each property for the Payment Service. The renter code will be used by each Renter of the property to add the property to their profile for submitting electronic payments to the Manager. You are solely responsible for maintaining the confidentiality of your renter code. You agree to notify eRentPayment, LLC immediately if you notice unauthorized use of your renter code or any other breach of security. eRentPayment, LLC cannot and will not be liable for any damage or loss arising from your failure to comply with this section. eRentPayment, LLC cannot guarantee the availability of particular Property ID on the system.
In the event that an electronic payment is returned by the Payer's bank due to Non-Sufficient Funds (NSF) or for any other reason(s), eRentPayment may charge a Return fee up to Forty Dollars ($40.00) for each such returned payment request, but the NSF fee is typically $2. The Payer will be responsible for these fees and the Payer hereby authorizes eRentPayment to take all necessary steps to recover any such fees from the Payer, including but not limited to, directly debiting the Payer's bank account for the amount due plus any associated transaction fees.
The funds may appear in the Payee's account prior to the transaction being returned, however the funds will be removed within 1-2 business days when the return is settled. The Payee must make the funds available for removable from their account the day of the return if a payment deposited into their account is returned regardless of when the transaction was deposited. Typically returns occur no later than the same day the funds are deposited, however the return may occur after the deposit day and the Payee is responsible for returning any received funds for any returned transactions.
The erentpayment.com web site and all site design, including but not limited to text, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United States and other countries. The Payment service is also protected as a collective work or compilation under United States copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Payment service are also copyrighted works. User agrees to abide by all applicable trademark, patent, copyright and other laws, as well as any additional patent, trademark, and copyright notices or restrictions contained in the Payment service. Any use of materials on this web site without prior written permission of eRentPayment, LLC is prohibited.
eRentPayment, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Payment service with or without notice. User aggress that eRentPayment, LLC is not liable to you or any third party for any modification, suspension, or discontinuance of the Payment service. If eRentPayment, LLC ceases to exist or conduct business related to the Payment Service referred to in this User Agreement, this User Agreement will expire on its own terms.
eRentPayment, LLC shall not be liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages, or any other damage whatsoever arising out of or in connection with the use, inability to use, or performance of the information, products, services, and materials available from the Payment service. eRentPayment, LLC and its suppliers make no warranties regarding the quality, reliability, timeliness or security of the World Wide Web, the Internet and other globally linked computer networks, or the web sites established thereon including www.erentpayment.com, will be uninterrupted or error free. eRentPayment, LLC does not represent or warrant that the information accessible via www.erentpayment.com is accurate, complete, or current.
The www.erentpayment.com web site may provide, or third parties may provide, links to other world wide web sites or resources. eRentPayment, LLC has not control over such sites and resources. User acknowledges that eRentPayment, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. User further acknowledges and agrees that eRentPayment, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
eRentPayment, LLC reserves the right to reject or refuse service to any User of the Payment Service which presents unacceptable administrative or customer service demands on eRentPayment, LLC.
User acknowledges that eRentPayment, LLC has the right to change the content or technical specifications of any aspect of the Payment service at any time at eRentPayment's discretion. User further accepts that any such changes may result in you being unable to access the Payment service.
At the request of a Renter and upon their completion of the "Report Payments" section within their "Your Property Information" section,
eRentPayment, LLC will report electronic "Rent Payment" transactions completed by the Renter to a credit reporting agency ("CRA"). The reporting
of eligible payments is optional and is designed to assist Renters in establishing a credit history and/or a credit score. Current eligible "Rent
Payment" transactions will be reported to TransUnion, Experian RentBureau, and Equifax. For more information on TransUnion, please visit their website at
eRentPayment may add additional CRAs at its discretion, at which time those firm's terms and conditions may also apply. Subject to the Fair Credit
Reporting Act and any other applicable federal or state laws, rules or regulations, the following restrictions apply to all Renters who elect to
have their payments reported to a CRA:
Online Application/Background Screening
We offer the ability to send and receive online lease applications. Manager agrees they are solely
responsible for all information and content they receive through the application feature and that
eRentPayment, LLC does not guarantee the accuracy of such application information. Manager is
responsible for ensuring any application settings meet all applicable regulations and laws, including
but not limited to the Fair Housing Act, as eRentPayment, LLC is not responsible for reviewing
application templates or the information received. eRentPayment, LLC does not notify the applicant
of the application status so the Manager must notify the applicant of the application decision.
Background Screening is conducted through TransUnion Rental Screening Solutions (“TURSS Service”). eRentPayment, LLC provides a method to collect data for the TURSS Service and the TURSS Service is governed by separate agreements that accompany the TURSS Service. eRentPayment, LLC offers no guarantees and assumes no responsibility or liability of any type with respect to the TURSS Service. You agree that eRentPayment, LLC is not responsible for the accuracy or truth of any information the Manager or Renter/applicant provide to eRentPayment, LLC or TURSS Service, including information about a prospective or actual Renter/applicant that may be used for criminal background or credit checks, and you agree to not hold eRentPayment, LLC liable for any direct or indirect damages or any other liabilities arising therefrom. You agree that, with respect to information, including TURSS Service information, you provide or cause to be provided to eRentPayment, LLC or TURSS Service, you will not hold eRentPayment, LLC responsible or liable for any claims or damages, direct or indirect, or seek to do so.
eRentPayment, LLC does not notify the Renter/applicant of the decision so the Manager must notify the Renter/applicant of their decision.
Any issues or communication regarding TURSS should be addressed to:
TransUnion Rental Screening Solutions, Inc.
Attn: TURSS GVP
6430 S. Fiddler’s Green Circle
The Service Agreement for TURSS Services for a Renter and Manager can be found at https://www.mysmartmove.com/SmartMove/Create-Account.page.
User understands that by clicking on the "I agree to User Agreement of eRentPayment" check box during profile creation the User is signing the record in an electronic form in order to enter into a legally binding agreement with eRentPayment, LLC for the services rendered within this Agreement. User further understands that such a signature of acceptance is the electronic and legal equivalent of a manually scripted signature. Therefore, once the record is signed, any continued user of the services offered at www.erentpayment.com by User will be conducted according to this Agreement.
By clicking the "I agree to User Agreement of eRentPayment" check box you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the eRentPayment, LLC 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 US laws regarding the transmission of any data obtained from the Payment Service in accordance with the terms and conditions of service; (iv) you will not use the Payment Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Payment Service.