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Terms of Use for Smart Property Payment Processing and Postal Notifications

In the terms below, Smart Property Systems is referred to as "Company" the user is referred to as "You", "User", "Landlord" "Property Manager" "Association" or "Customer".

1.0 Acceptance of Terms and modifications to this Agreement

IMPORTANT ‚ READ THESE TERMS CAREFULLY BEFORE ACCESSING SMART PROPERTY SYSTEMS's RENT/DUES/FEE-PAYMENT PROCESSING SERVICES (THE "SERVICE"). YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON, OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY COMPANY, TO SHOW YOUR APPROVAL OF ANY FOREGOING TEXT YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH COMPANY ("AGREEMENT"). YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATION IN ORDER TO ENTER INTO CONTRACTS, PLACE ORDERS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SERVICE. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW, WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS. User acknowledges that User has entered into an Agreement with Company pertaining to the general terms of use of the Company's Web Site and Services (”General Terms of Use Agreement”) and that the terms of such agreement are incorporated herein.

2.0 Fees

You shall pay all fees and charges incurred through your account in connection with your use of Rent/Dues/fee-Payment Processing and Payment Processing Services 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 the Company 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. The Company will follow the payment instructions authorized by Landlord/Property Manager/Association manager (SUBCRIBER) and by residents initiating payments. You acknowledge that the Company assumes no liability for the payment of rents/dues/fees and other rent related payments and that Landlord/Property Manager/ Association Manager (SUBSCRIBER) will be solely liable for all chargeback or NSF liability derived from rent processed by the Company, including all chargeback and NSF recovery fees in effect. Once a payment has been submitted to a Subscriber, in the event such rent payment is declined or later reversed by tenant, Subscriber is fully liable to the Company for the full amount of the rent/dues/fees plus the applicable fees for NSF processing.

THE COMPANY RESERVES THE RIGHT AND LANDLORD HEREBY AUTHORIZES COMPANY TO REVERSE ANY ACH/IVR/CREDIT/DEBIT CARD ENTRIES OR CHARGE LANDLORD CREDIT CARD HELD ON FILE TO SATISFY ANY LOSS DUE TO CHARGEBACKS OR REVERSAL BY TENANT PLUS ANY CHARGEBACK FEES INCURRED. If a rent/dues/fees payment dispute arises after payment is forwarded to Landlord/Property Manager/Association Manager, the responsibility to settle the payment dispute rests with tenant and Landlord/Property Manager/Association Manager.

3.0 Refunds

No refunds will be made on subscriptions and services which have already been paid for, and service fees will not be prorated. You understand that refunds are not possible because the service may have already occurred by the time we are notified or materials in support of that service are automatically purchased on your behalf. For the purpose of sending messages, it is your responsibility to supply a current and correct email address, address and phone number. Acceptance of your data from our website does not indicate that information is correct or valid. Missing data or local spellings and abbreviations are used entirely at your risk. Orders that are missing vital information or that have data fields that have become corrupt may not be processed. Notice orders that cannot be processed due to an invalid addressee address will be sent to the return address and refunds will not be provided. Letters which are returned due to an invalid address and return address information will be discarded, and refunds will not be provided. Under normal circumstances, all orders will be processed regardless of apparently missing address information. Company is not responsible for letters that get lost in the postal system and are never delivered or returned and no refunds will be made. Although we do not and cannot review all the messages processed by us, we will not knowingly send text or images of a sexually inappropriate or unlawful nature. We reserve the right to cancel orders and refund the applicable credit card. In all cases, the Company's liability will be limited to the price of the requested transaction. As with all automated processes, we can never guarantee that the content of any letter will be monitored by a data processor and therefore can never be responsible for the content of the letters.

4.0 Modification of Service

Company may, and reserves the right to, modify the features and functionality of the Web Site and Services, at any time and from time to time without notice; provided, however, that Company will not modify the Web Site in a manner that would, in its sole discretion, materially adversely affect the use thereof, without providing at least ten (10) days prior notice to Landlord/Property Manager/Association Manager of any such modification. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5.0 Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND COMPANY'S NETWORK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, DOCUMENTATION OR COMPANY NETWORK IS ERROR FREE, THAT ALL ERRORS IDENTIFIED WILL BE CORRECTED OR THAT THE SERVICE OR COMPANY NETWORK WILL SUPPORT YOUR NEEDS. COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE AVAILABILITY, CONNECTIVITY, SPEED OR UPTIME OF COMPANY'S WEB SITE OR NETWORK, OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. COMPANY SPECIFICALLY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION WITH RESPECT TO THE QUALITY, COMPATIBILITY OR CONTINUITY OF ANY THIRD PARTY TELECOMMUNICATION, INFORMATION SYSTEMS OR INTERNET SERVICE PROVIDER's CONNECTIVITY OR SYSTEMS, OR WITH RESPECT TO THE FUNCTIONALITY, OPERABILITY OR RELIABILITY OF COMPANY'S OR ANY THIRD PARTY'S DATA SECURITY FEATURES OR SYSTEMS. COMPANY DOES NOT GUARANTEE OR WARRANT IN ANY WAY THAT YOUR DATA IS SECURE, EXCEPT THAT THE COMPANY ENDEAVORS TO KEEP YOUR DATA SECURE VIA SSL AND WITHIN THE GUIDELINES OF THE COMPANY PRIVACY POLICY AS POSTED. COMPANY GIVES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING, CUSTOM OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

6.0 Disclaimer of Liability

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND USE OF YOUR DATA. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL COMPANY HAVE ANY LIABILITY OF ANY KIND OR NATURE WHATSOEVER FOR THE ACCURACY OF YOUR DATA OR THE USE OF YOUR DATA BY ANY PERSON OR ENTITY TO WHOM YOU HAVE GRANTED ACCESS OR FOR THE USE OF YOUR DATA BY ANY PERSON WHO MAY GET ACCESS TO YOUR DATA THROUGH A FAILURE OR BREACH OF SECURITY OF THE SERVICE OR COMPANY'S NETWORK OR THROUGH ERRORS IN THE SERVICE. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL COMPANY HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE FAILURE OF ANY INSTITUTION OR OTHER ENTITY TO MAINTAIN THE ACCURACY OR INTEGRITY OF THEIR RESPECTIVE FILES INCLUDING, BUT NOT LIMITED TO, THOSE FILES WHICH IDENTIFY REVIEWERS OR FOR ANY TEMPLATE, FORM OR OTHER CONTENT WHICH ANY INSTITUTION, REVIEWER OR OTHER ENTITY MAY PROVIDE ACCESS TO YOU THROUGH THE SERVICE. COMPANY SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY LINKS ADDED TO THE SERVICE BY YOU, YOUR INSTITUTION OR ANY OTHER USER OF THE SERVICE. USE OF THIRD PARTY LINKS IS AT YOUR SOLE RISK AND DISCRETION. "RESULTS GENERATED FROM THE USE OF SMART PROPERTY SYSTEMS PORTFOLIO AND PROPERTY ANALYSIS TOOLS DO NOT CONSTITUTE INVESTMENT ADVICE. SMART PROPERTY SYSTEMS DOES NOT MAKE RECOMMENDATIONS ON PURCHASES, SALES OR INVESTMENTS. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY DEFAULTS BY TENANTS ON PAYMENTS OF RENT INCLUDING BUT NOT LIMITED TO NSF PAYMENTS, CHARGEBACKS OF PREVIOUSLY PAID RENT, RENT RELATED FEES OR REVERSALS OF ACH PAYMENTS OR CREDIT CARD PAYMENTS. COMPANY SHALL IN NO WAY BE LIABLE TO USER (LANDLORD) OR RESIDENT DUE TO ANY DISRUPTION OF COMPANY's WEB SITE OR NON-AVAILABILITY OF THE WEB SITE DURING WHICH RESIDENTS ARE UNABLE TO ACCESS OR USE THE WEB SITE.

7.0 Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF FILES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RESULTING FROM FAILURE OR BREACH OF SECURITY, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR PERFORMANCE, REGARDLESS OF THE CAUSE INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY's NETWORK, PROGRAMS OR SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THAT COMPANY FAILS TO PUBLISH A NOTICE IN ACCORDANCE WITH THE SCHEDULE AGREED UPON PURSUANT TO THIS AGREEMENT (OR IN THE EVENT OF ANY OTHER FAILURE, TECHNICAL OR OTHERWISE, OF SUCH NOTICE TO APPEAR AS PROVIDED IN THIS AGREEMENT), THE SOLE LIABILITY OF COMPANY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE NOTICE IN QUESTION. SUBJECT TO THE AFORESAID LIMITATION WITH RESPECT TO NOTICES, NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, YOUR EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHICH YOU MAY INCUR OR SUFFER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, AT LAW OR OTHERWISE, SHALL BE TO RECOVER DAMAGES IN AN AMOUNT THAT IS NOT IN EXCESS OF THE AGGREGATE DOLLAR AMOUNT OF THE SUBSCRIPTION FEE , IF ANY, YOU PAID FOR THE MOST RECENT YEAR OR SHORTER PERIOD PRIOR TO THE MATTER IN QUESTION. TO THE EXTENT THAT COMPANY’s LIABILITY UNDER THIS AGREEMENT CANNOT BE SO LIMITED OR EXCLUDED BY LAW, LIABILITY SHALL BE LIMITED TO REPLACING ANY DEFICIENT SOFTWARE OR CORRECTING ANY DEFICIENCY THEREIN, AS ELECTED SOLELY BY COMPANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU.

8.0 Term and Termination

This Agreement is effective when Company accepts your offer to enter into this Agreement and activates your password and shall continue in full force and effect for so long as you have a fully paid-up subscription, retain paid notice credits or paid transaction services or remain incompliance with terms of use for free services, if applicable, unless terminated early under the terms of this Agreement. Company may terminate this Agreement, without giving up its right to use any other remedy it may have, if you fail to comply with any of the terms of this Agreement or upon any threat of imminent damage or harm to Company, Company's network or users of the Service, and Company may remove your Data (or other data) from the Service or terminate your access to the Service or any portion of the Service. Early termination of this Agreement by you or Company shall not entitle you to any refund unless otherwise provided by law or elsewhere specifically provided in this Agreement. You will remain liable for all outstanding payments and fees due at the time of cancellation. Upon termination the Company will invoice the User (Subscriber) for all outstanding fees which will be due immediately, and in the event that rents are due, the account will not be closed until after all rents are settled upon which time the User (Subscriber) remains liable to the Company for such payments.

9.0 Rent Processing Terms

9.1 On-line and Mailed Payments of Rents and Rent related fees. During the term of this Agreement, User (Subscriber) agrees to allow Residents to make Credit card and/or Electronic Funds Transfer payments (together, "Electronic Payments") of Rents/Dues/Fees/Deposits. Company along with its Service Partners agrees to facilitate payment of Rents/Fees Dues/Deposits between Subscriber and the Residents through Company's Web Site. Credit card payments shall include all of the following: consumer credit, consumer debit, commercial credit, and commercial debit cards. "Rent" or "Rents" shall be defined as regular, periodic rent, deposits, fixed utility payments, application fees, credit screening fees, and parking fixed or variable, dues, assessments agreed to by the Resident/Member and Landlord/Property Manager/Association manager in a signed lease/rental/purchase agreement. Company shall make all commercially reasonable effort to cause payments to be made to Landlord/Property Manager/Association Manager in accordance with the terms of this Agreement by direct deposit within three (5) business days to Landlord /Property Manager/Association bank account(s).

9.2 Resident Fees. Residents who desire to initiate payment of Rent/Fees/Dues to Landlord/Property Manager/Association Manger by Electronic Payment through Company's Web Site are authorized to do so by the Subscriber who will pay the fees listed in Schedule "A" attached hereto. Company may, in its sole discretion, but only in accordance with applicable law, accept, deny or cancel the ability of any Resident to pay or continue to pay its Rent to Subscriber by Electronic Payment through Company's Web Site for any reason whatsoever. Company may charge Subscriber other fees or charges for facilitating the Electronic Payment of Rents/Dues/Fees between Subscriber and Residents through Company's Web Site as Company may determine in its sole discretion, subject to the terms of this Agreement. Subscriber is responsible for disclosing all Company fees to Resident. If a dispute arises based on non-disclosure of Company fees to Resident, Company is entitled to the full transaction amount including convenience and/or other fees or charges for facilitating the Electronic Payment of Rents/Dues/Fees between Subscriber and Residents through Company's Web Site as Company may determine in its sole discretion. Company will provide Landlord 30-day advance written notice as to any changes to any convenience or other fees contained in Schedule "A". Subscriber will call SPS office for information regarding current convenience fees for credit/debit cards on all new accounts.

9.3 Payment of Rents/Dues/Fees and any other payment required and made Via Company to Subscriber, Subscriber agrees that the date in which a payment is posted to the Web Site by a Resident over the Internet shall be deemed the date the payment is made for purposes of late fees, if any, Subscriber may charge to such Resident. The date the payment is "posted" is the date the Resident manually transmits the payment to the Web Site over the Internet or the date an agreed automatic payment is initiated, whichever is applicable. Company shall make all commercially reasonable effort to remit to Subscriber, all Payments paid through Company no later than five (5) business days following the date a payment is posted to the Web Site by a Resident over the Internet.

9.4 Resident/Subscriber Disputes - Chargebacks. Company will provide commercially reasonable efforts to have chargebacks investigated following the initial deduction from Subscriber bank account(s). Subscriber will ultimately be liable for all chargeback liability derived from Payment processed by Company, including Chargeback Recovery Fee listed in Schedule "A" herein. Please refer to Section 2.0 "Fees" above.

9.5 Payment for Rent/Dues/Fees/Deposits Processing Services. In consideration for the Payment Processing Services, Subscriber agrees to pay Company "Fees" as defined in Schedule "A", which is incorporated herein by reference. Such Fees include, but are not limited to, (i) Monthly Subscription Fees, (ii) ACH transaction fees, Credit card Transaction fees and any additional fees associated with Payment Processing Services. Subscriber will be charged via credit card on file for fees incurred. Company reserves the right to modify the Fees, in its sole discretion, but shall not do so without providing at least ten (10) days prior notice to Landlord of any such modifications.

9.6 Merchant Fees related to Credit Card/Debit Card utilization. Subscriber is responsible for all service fees for credit/debit card transactions payable to any Third Party Service Provider and is solely responsible for any and all transaction fees with Third Party Service Provider. Company is solely responsible for merchant processing-related services fees for ACH transactions only. Subscribers are instructed to contact the company for information relating to acceptance of credit cards for Rent/Dues/Fees/Deposit collection.

9.7 Merchant Agreements. Subscriber agrees and acknowledges that in connection with the use of Electronic Payments through Company's Web Site, Subscriber will be required to enter into a separate merchant agreement ("Merchant Agreement") with a third party service provider ("Third Party Service Provider") supplying the Full Merchant Account or the Merchant ID number. Such third party relationship and features are not part of this site or our Services and Company make no warranties and accepts no liability with respect to services provided pursuant to such Merchant Agreement or Merchant ID in such a third party relationship.

10.0 General Provisions.

10.1 Entire Agreement. This Agreement along with the General Terms of Use Agreement shall constitute the entire agreement between the parties hereto. No provision of this Agreement may be terminated, waived or modified unless set forth in a written agreement signed by both parties to this Agreement or pursuant to Company posting updated terms as described above, or by you accepting new terms at the time of accepting an upgrade or new version.

10.2 Assignment. You shall not assign any of your rights or obligations under this Agreement without the prior written consent of Company. Company reserves the right to assign or otherwise transfer all or any portion of this Agreement; provided, however that any assignee or transferee agrees to be bound by the terms and conditions hereof.

10.3 Your Password. You shall not permit or allow any other person to use your password to access the Service. Associates and Owners are bound by these password restrictions as well.

10.4 Governing Law. This Agreement shall be construed, interpreted and governed by the laws of the state of Idaho without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Blaine County, State of Idaho, USA. Notwithstanding the foregoing, you acknowledge that Company may seek specific performance, injunctive, or other equitable relief in any court of competent jurisdiction in order to protect its copyrights, patents, trade secrets or other intellectual property and you agree to submit to the personal jurisdiction of any such court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

10.5 Force Majeure. Company shall not be responsible or liable for any damages to you by reason of any extraordinary event, such as state or governmental action, war, terrorism, riot, labor dispute or strike, accident, fire, flood, storm, natural catastrophe or prolonged shortage of energy supplies including power outages, theft, or disruption in connectivity or any other cause beyond the reasonable control of Company.

10.6 Severability. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.

10.7 Waiver. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.

10.8 Survival. The provisions of Sections regarding refunds, privacy, content and ownership of data, advertisements and promotions, conduct, indemnity, disclaimers of warranties and liability, limitations of warranty and liability, support, copyright, term and termination and the general provisions shall survive the expiration or termination of this agreement for whatever reason whatsoever.

SCHEDULE “A” (LANDLORD FEE SCHEDULE)

Rent-Payment Processing Fees

Monthly Subscription Fee: 1-5 units $9.95; 6-10 units $19.95; 11-15 units $29.95 each additional unit is $1.25 per month

Rent Collection: With Full Merchant Account $3.00/payment (includes online ACH, phone in payment IVR and credit card processing) With Sub Merchant Account $4.00/payment (includes ACH and phone in payment IVR)

ACH per transaction Fees: None

Full Merchant Application Fee: $99.00

Credit Card Rent Payment Processing will incur convenience fees. Please contact Customer Service for more information before enabling credit card rent processing

Chargeback Recovery Fee: $35.00/incident

Resident ACH Non-Sufficient Funds: $35.00/incident

Postal Fees for USPS mailed notices: $1.50

Emailed notices: No Charge

Monthly rent/dues/fees Statement via USPS mail: $1.50

Monthly rent/dues/fees Statement via email: No Charge