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| USER AGREEMENT- TERMS & CONDITIONS OF SERVICE |
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I. ACCEPTANCE OF TERMS
By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this User Agreement (the "Agreement"), and any documents incorporated by reference and agree that you have read these terms and conditions. You further agree that this User Agreement forms a legally binding contract between you and Pronto Payments, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Pronto Payments. This Agreement is subject to change by Pronto Payments without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Pronto Payments website. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this website. Your use of the website, or Service on this website, after Pronto Payments 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 website or Service. 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 Pronto Payments and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
II. SERVICES PROVIDED
Pronto Payments provides an Internet based payment service through which tenants and property owners can make payments to landlords, condominium associations, homeowners association and/or their authorized agents and managers (the "Landlord/Association"). Using the Pronto Payments service payments can be made for monthly rent, periodic rents, security deposits, other deposits, maintenance fees, association fees, assessments, timeshare charges, fixed utility payments, other fixed payments and other fees and charges related to leasing and ownership of real property (the "Service"). Payments made pursuant to this Service can be made by means of credit card and/or electronic checking. You, as the tenant/owner of a participating Landlord/Association, are eligible to use the Service to pay your rent, association fees and any other related fees, deposits or other payments covered under our service agreement with the Landlord/Association. Your credit card or on-line electronic checking payments made through the Service will be remitted to your Landlord/Association in accordance with our service agreement with the Landlord/Association. You will receive a timely written confirmation from Pronto Payments acknowledging Pronto Payments' receipt of credit card or on-line electronic checking payments. It is your responsibility to ensure that such transactions are received by the Landlord/Association in a timely basis according to the terms of the any separate agreement (lease, association documents) between you and the Landlord/Association. Any dispute between you and the Landlord/Association regarding amount of payment, timing of payment, lack of payment, late-charges incurred, overdue rent, overdue assessments and the like will be handled exclusively between you and the Landlord/Association. Pronto Payments is merely providing the Service to facilitate rent payments, association payments and other payments between you and the Landlord/Association. Unless explicitly stated otherwise, any new features, which enhance or augment Pronto Payments' current service offering shall be subject to the terms and conditions of service. In order to use the Service you must have access to the World Wide Web and/or Internet either directly or through other devices that access web-based content. You agree that you are solely responsible for paying any service fees associated with such access. You further agree that you are solely responsible for providing all necessary equipment to connect to the World Wide Web and/or Internet, including, but not limited to, a computer, a modem and/or other access devices. You acknowledge that Pronto Payments has the right to change the content or technical specifications of any aspect of the Service at any time at Pronto Payments' sole discretion. You further accept that any such changes may result in your being unable to access the Service.
III. REGISTRATION
In consideration of your use of the Service, you agree to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Service's registration form (the "Registration Information") and (ii) where applicable and appropriate, maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if Pronto Payments has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pronto Payments reserves the right to suspend or terminate your Pronto Payments 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.
IV. SERVICE FEES, LATE FEES, PAYMENTS
Pronto Payments 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 Pronto Payments 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 Pronto Payments or by any other vendor or service provider. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other services. Late fees may be assessed for payments made by credit card or on-line electronic checking, which occur after the past due dates and or grace periods as established in your agreement with the Landlord/Association and/or our agreements with landlord/Association. Payments made through the Pronto Payments website for credit cards and debit cards are processed within 3 business days excluding weekends and holidays. Payments made through the Pronto Payments website for ACH (e-check) payments are sent to the recipients bank within 4 business days excluding weekends and holidays. Payments made on or before the due date set forth in your agreement with the Landlord/Association shall be deemed received on the date the online payment is made and such payment shall not incur a late fee.
V. DISPUTED PAYMENTS, CANCELLATION OF PAYMENTS, CREDITS, REFUNDS
For payments you believe were improperly made, Pronto Payments may, in its sole discretion, void, rescind or issue a credit for your payment made through the Service at any time prior to the remittance of such rent payment to your Landlord/Association.
The Landlord/Association shall have the right to refuse, return or deny payments made using the Service. The Landlord/Association is free to deny payments. You acknowledge that Pronto Payments will not be liable for any damages resulting from Landlord/Association's decision not to accept a payment made through Pronto Payments. Any payments through Pronto Payments that are denied or unclaimed by the Landlord/Association will be returned to the sender on the earlier of (a) the date of such denial, or (b) within 30 days from the date the payment is sent.
You agree to indemnify and hold Pronto Payments harmless from disputes arising from any error, mistake or omission made by you, whether inadvertent or not, in the entry and submission of resident and/or payment information to Pronto Payments. If a payment dispute arises after payment is forwarded to your Landlord/Association, the responsibility to settle the payment dispute rests with you and Landlord/Association. You waive the right to cancel credit card payments which have been cleared through Pronto Payments clearing entity.
VI. NON SUFFICIENT FUNDS (NSF), CREDIT CARD DENIALS
In the event that an electronic checking payment is returned by your bank due to Non-Sufficient Funds (NSF) or for any other reason(s), or a credit card payment is denied or reversed by your credit card provider, Pronto Payments may charge a NSF fee or credit denial/reversal fee equal to Thirty Five and 00/100 Dollars ($35.00) for each such returned payment request. Pronto Payments has the right to collect and accept its convenience fee for a failed transaction. You will be responsible for these fees and you hereby authorize Pronto Payments to take all necessary steps to recover any such fees from you.
VII. CANCELLATION OF SERVICE
Either you or Pronto Payments may cancel use of the Service with or without cause at any time and effective immediately. You may cancel the Service by calling 1-877-887-7668 or by sending an e-mail to customerservice@prontopayment.com to request discontinuance of the Service. You will remain liable for all outstanding payments and fees due at the time of cancellation. You agree that Pronto Payments may, with or without cause, immediately terminate your account and access to the Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Pronto Payments of a user's use of the Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Pronto Payments account may bar you from further use of the Service. Furthermore, you agree that Pronto Payments shall not be liable to you nor any third-party for any termination of your account or access to the Service.
VIII. AUTOMATIC/RECURRING PAYMENTS
Pronto Payments may provide you with the ability to arrange automatic/recurring payments. You acknowledge that it is your responsibility to disable this feature should you wish to cease automatic/recurring payments. Automatic/recurring payments must be cancelled at least forty eight (48) hours prior to the next scheduled payment to ensure that the payment is not processed. You shall indemnify and hold Pronto Payments harmless from any disputes between you and Landlord/Association arising from your failure to cancel automatic/recurring payments in a timely manner. You agree that any disputes regarding automatic/recurring payments shall handled directly between you and Landlord/Association.
IX. MEMBERSHIP ACCOUNT, PASSWORD, SECURITY
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Pronto Payments of any unauthorized use of your password or account or any other breach of security. Pronto Payments cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
X. LICENSE
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the terms and conditions of service. Should you choose to download content from the Service, you must do so in accordance with the terms and conditions of service. Such download is licensed to you by Pronto Payments only for your own personal, noncommercial use in accordance with the terms and conditions of service and does not transfer any other rights to you.
XI. INTELLECTUAL PROPERTY
All content available on the ProntoPayment.com, including website design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by Pronto Payments, with all rights reserved, or is the property of Pronto Payments or third parties protected by intellectual property rights.
Pronto Payments service marks/trademarks may not be used in connection with any product or service that is not provided by Pronto Payments, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Pronto Payments.
You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Service. Any use of materials on this website, other than as otherwise permitted by this Agreement including reproduction, modification, distribution, or republication, without the prior written permission of Pronto Payments is absolutely prohibited.
The terms of this section shall survive any termination or cancellation of this Agreement.
XII. LIMITED REMEDIES
(a) You acknowledge that from time to time you may not be able to access the Web Site due to non-availability and/or service disruptions. You agree that Pronto Payments shall in no way be liable to Landlord/Association or you due to any disruption of Pronto Payments' Web Site or non-availability of the Web Site during which time you are unable to access or use the Web Site. (b) You acknowledge that information disclosed and/or provided by Pronto Payments in the Web Site, company data, reports, marketing materials and advertising materials may not always be timely and/or accurate. You agree that Pronto Payments shall in no way be liable to Landlord/Association or you due to the providing or posting of any untimely or inaccurate information in Web Site, company data, reports, marketing materials, advertising materials, and other materials provided by Pronto Payments.
XIII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY PRONTO PAYMENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PRONTO PAYMENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRONTO PAYMENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRONTO PAYMENTS DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM PRONTO PAYMENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRONTO PAYMENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE TERMS OF THIS SECTION SHALL SURVIVE TERMINATION OR CANCELLATION OF THIS AGREEMENT.
XIV. JURISDICTION AND GOVERNING LAW
In all respect, including all matters of construction, validity and performance, this Agreement and the obligation arising hereunder shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to conflict of law principals thereof. You hereby consent and agree that the state or federal courts located in the State of Florida shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties arising out of or relating to this Agreement. The terms of this section shall survive any termination or cancellation of this Agreement.
XV. SECTION HEADINGS
The captions and headings appearing in terms and condition of service are for reference only and will not be considered in construing this agreement.
XVI. SEVERABILITY
In the event that any provisions of this Agreement are held by a court of competent jurisdiction on to be invalid and unenforceable, the remaining portions of this Agreement shall be severable from such portions and the remainder of this Agreement shall remain in full force and effect.
XVII. ENTIRE AGREEMENT
These terms and conditions of service including the Sign Up Information contain the entire understanding and agreement between you and Pronto Payments with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
XVIII. CONSENT, REPRESENTATIONS, WARRANTIES
By clicking the "Accept" or "Agree" button you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the Pronto Payments service. You further represent and agree that:
(i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use the website and Service in accordance with this Agreement,
(vi) all information supplied by you on this website is true, accurate, current and complete, and
(v) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this website and the Service, at any time and for any reason, including, but not limited to, for violation of this Agreement
(vi) you will not use the Service for illegal purposes, and
(vii) you will not interfere or disrupt the website, Service or any networks connected to the website or Service.
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Copyright © 2008 Pronto Payments Inc. All rights reserved