Terms of Service

The following terms of service are for Rentec Direct customer's using software or services from Rentec Direct to manage properties and/or tenants. If you are an unaffiliated website visitor, tenant, resident, or property owner logging into the tenant or owner portal provided to you by your property manager, the following terms of service do not apply to you.

1. Definitions

1.1. "Deliverables" shall mean items delivered to Rentec Direct and Customer under this Agreement, including but not limited to any customer lists, tenants, property data, agreements, hardware, data, documentation, including manuals and other written materials, software including code, graphics, HTML documents, methodologies, know-how and training.

1.2. "Rentec Direct", "Rentec", and "we", shall mean "Rentec Direct LLC", and Oregon Limited Liability Corporation.

1.3. "Party" shall mean Rentec Direct or Customer, collectively referred to as "Parties".

1.4. "Services" shall mean services to be performed by Rentec Direct.

1.5. "Customer" shall mean the user who signs up and uses the Rentec Direct application(s). "You", "you", "Your", and "your" also reference "Customer".

1.6. "Information" shall mean all confidential, proprietary or secret information, including without limitation data, plans, programs, business plans, website plans and designs, subcontractors, Deliverables and other information or material owned, possessed or used by either Customer or Rentec Direct and designated by the respective Party as confidential.

1.7. "Business Days" means Monday through Friday, excluding Holidays.

2. Services & Products provided by Rentec Direct

2.1. Rentec Direct is providing an online software application useful for managing rental properties and/or associations. The product is delivered online by means of the world wide web using technologies including, but not limited to, HTML, Java, AJAX, CSS, server-side scripting languages, and databases. As such, Customer is responsible for your own Internet connection in order to connect to Rentec Direct.

2.2. Rentec Direct will back up all applications and data within its control. Customer should still maintain copies of their own data to ensure its safe keeping. It is always recommended to have hard copies of financial records. While Rentec Direct will make every effort to ensure a reliable backup is always maintained of all data, Rentec Direct will not be responsible for loss of data under any circumstance.

2.3. Rentec Direct is designed to be simple to use and simple to get started with. Most Rentec Direct customers require no support at all since the system is designed to be so easy to use. There is online documentation designed to provide self-help for most tasks, available by clicking "need help" within the software. Rentec Direct also offers free one-on-one support via email, chat, and telephone. This free support is for product usage questions and how-to questions specific to the services and products and their features. Manipulating or modifying your data is outside the scope of our free support. Assistance manipulating or modifying your data is available at $65 per hour by our customer service staff, and is available as time allows.

2.4. Most data imports can be done using the import templates we provide at no cost. If you do need assistance populating the templates or converting your data, we can provide this service at $65/hr. You can export all files and ledgers from the system yourself; however, if advanced data export services are requested, subject to our availability, those services would be quoted at the time of the request.

2.5. Rentec Direct may provide services through third-party vendors such as tenant screening, electronic payments, tax filing, and other complimentary services. Rentec provides these services on an AS-IS basis, and provides no warranty or guarantee of their performance or accuracy. Third party services may also have their own associated costs that are billed to you either directly or through Rentec Direct. It is the Customer's responsibility to verify the accuracy and cost of any third-party services before utilizing them. For third-party products or services introduced through the Rentec Direct platform, Rentec Direct communications, or the Rentec Direct blog, Rentec Direct may earn a commission or referral fee for introducing you to the third-party product.

2.6. Rentec is continually innovating and adding new features and services. Sometimes those new or modified features are included with an existing product, sometimes they are free, and sometimes they have a charge associated with them. If a new feature has costs associated with it, those costs will be disclosed in the feature's announcement or documentation. All current products offered by Rentec Direct, and any future features or products will also be subject to these terms of service.

3. Compensation and Payment

3.1. Rentec Pro and Rentec PM is an online subscription. Pricing information for Rentec Direct products can be found at https://www.rentecdirect.com/pricing. Rentec Pro and Rentec PM subscriptions are billed monthly and vary based on the quantity of properties or units you are managing. If the number of tenants exceeds the number of units by more than ten percent, Rentec may elect to bill based on the number of tenants instead. If Customer wishes to maintain the Rentec Pro or PM membership, current payment information must be maintained within the Your Account section at all times. If ACH, also known as electronic draft or eCheck, data is provided, Rentec will usually use this as the primary billing method. If a credit card is added to the file it will then be used as a backup funding source in the event the ACH transaction fails. Rentec Direct will automatically bill the provided payment information on the anniversary of sign up monthly until payment information is removed by Customer.

3.2. Rentec Direct may periodically update pricing to meet current market conditions. For software provided directly by Rentec Direct, those modifications will be applied to your invoice over a two-year period. If you are on legacy pricing, each calendar year, beginning with the invoice on or directly following January 1st, the monthly invoice will adjust in the direction of the pricing change by fifty percent (50%) of the difference, with a minimum change of $5/mo. (For example: If your current total cost for software is $200/mo and the price for the number of units you manage changes to $224/mo, your invoice will increase next January to $212, and then the following year it will adjust to $224.) For products offered by third parties and re-sold by Rentec Direct (i.e. tenant screening, electronic 1099s, merchant fees, etc), if the costs of those products or services change, those prices will be effective at the time we are notified or become aware of the change from the third-party.

3.3. Products or services re-sold through the Rentec Direct software are often provided by third-parties. These product and services include, but are not limited to, tenant screening, electronic payments, merchant services, electronic signatures, and tax filing. Third-party products are non-refundable once ordered or delivered, even if an error or misconfiguration caused inaccurate billing of the third-party service. At Rentec's sole option, refund requests may be made to the third-party for errors, and if refund requests are given by the third-party all or part of the refund may be given to Customer as a credit.

3.4. Many features are included at no additional cost with Rentec Pro and Rentec PM subscriptions. These services are included assuming that your account uses an average number of these services compared to typical industry usage. In the event your account exceeds the industry average, plus a generous margin, Rentec Direct may invoice for the services that exceed that average in the previous billing cycle at the following rates. Electronic signatures: $2.50/ea if signature count exceeds 15% of property count. Text messages: $10 per 500 messages if text message count exceeds 1,000% of property count. ACH payments: $0.50/ea if ACH count exceeds 100% of property count.

3.5. Customer agrees and understands that Rentec Direct is not obligated to refund any products or services which have been delivered.

3.6. A service is considered delivered under the following circumstances. Rentec subscription services are considered delivered upon the day directly following the subscription renewal date. For example, if the renewal date is the 15th of each month, Rentec Direct will bill the available payment method on the 15th, and subscription services are considered delivered on the 16th of the month. Ancillary products provided by Rentec Direct, such as tenant screening, are considered delivered at the time of order, whether or not the report ordered is returned instantly or not. Rentec Protect annual membership is considered delivered on the date you sign up for the service, and on each annual renewal thereafter unless cancelled prior to the renewal date. In all cases, services are considered delivered whether or not you have logged in to the system if the account has not been cancelled.

3.7. Any returned check, NSF, or credit card refusal/chargeback resulting from the payment for services purchased and delivered by Rentec Direct will incur a $35 (or maximum allowed by law) fee, in addition to the original amount owed.

3.8. If you enter a bank draft / ACH payment information to pay for your subscription, you authorize Rentec Direct to electronically debit your account for the monthly balance due. You understand that this authorization will remain in full force and effect until you notify Rentec Direct that you wish to revoke this authorization. Authorization can be revoked by cancelling your Rentec Direct service as defined in Termination section of this agreement.

3.9. An unpaid past-due balance may result in your account being locked and inaccessible until any past-due balance is paid in full, plus any applicable fees related to the re-activation of your account. Any past-due amounts remaining past due in excess of 30 days will accrue interest at 1.5% per month. An account remaining unpaid or unused in excess of six months may have the information removed to restore room on the server for other subscribers.

3.10. In the event a backup payment method is not provided or not available, Rentec Direct, LLC reserves the right to suspend the unpaid account until all amounts due, plus any applicable service charges, are paid in full. If any supplied payment method repeatedly fails to process a charge, that payment account or payment method may be disabled for your account.

3.11. Balances left unpaid in excess of 30 days including but not limited to subscription fees, tenant screening charges, payment processing charges, NSF, chargeback, and returned item charges may be turned over to a collection agency or collection attorney and reported to the credit bureaus. Customer agrees to be responsible for any and all collection costs; including but not limited to attorneys fees, collection fees, and any fees associated with reporting or removing data from the credit bureaus.

3.12. Your invoice will include any applicable taxes, including but not limited to sales tax. Any sales tax collected on your behalf and already paid to the state is non-refundable.

3.13. If the state or jurisdiction you are doing business in imposes excess fees or taxes upon interstate transactions that causes our costs to increase, in order for us to afford doing business in your location, those fees may be added to your invoice.

3.14. You may view your transaction and invoice history by logging into your Rentec Direct Account and looking at your Account History. You agree to review your transactions through your Account History instead of receiving periodic statements.

4. Confidentiality

4.1. Customer and Rentec Direct shall hold each other's Information in confidence and not disclose such Information to any third party except as allowed and necessary to perform under this Agreement. Customer agrees that access to Rentec Direct's Information shall be limited to those employees that have a signed confidentiality agreement with Customer and have a need for such information.

4.2. Rentec Direct shall have the right to disclose Customer's Information to subcontractors who have a need-to-know in connection with this agreement or any Service Addendum, and who are bound in writing to preserve the confidentiality of the Information.

4.3. Customer agrees that Rentec Direct's Deliverables constitute Information of Rentec Direct.

4.4. "Information" shall not include information that (a) was in the receiving Party's possession prior to the submission thereof by the disclosing Party, (b) is obtained by the receiving Party from a third party who is not bound by obligation of confidentiality and has a right to disclose such information, (c) is or becomes generally known or available other than by unauthorized disclosure or (d) is independently developed by the receiving Party without access to the other Party's Information. The burden of proof for Information to fall under any of the above exceptions shall be by clear and convincing evidence.

4.5. Unless disallowed by an order, if either Party is required by order of any court or regulatory authority to disclose the other Party's Information, then the required Party shall first give notice to the other Party. You agree to hold Rentec Direct harmless for the release of any information related to your account in connection with a subpoena or any other court order including, but not limited to, any claims that you did not receive notice of the subpoena from us.

4.6. Customer agrees to the terms of Rentec Direct's privacy policy located at https://www.rentecdirect.com/privacy-policy.

5. Limitation of Liability

5.1. RENTEC DIRECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE. THE REMEDIES SET FORTH IN THIS CLAUSE 5, SUBJECT TO THE LIMITATIONS SET FORTH IN CLAUSE 5.2, AND ARE THE SOLE REMEDIES AVAILABLE TO CUSTOMER.

5.2. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL RENTEC DIRECT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR TIME ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE DELIVERABLES OR THIS AGREEMENT, EVEN IF RENTEC DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RENTEC DIRECT FOR ANY BREACH OF THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED THE LESSER OF $5,000 OR THE FEES ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICES WHICH DIRECTLY GAVE RISE TO SUCH DAMAGES IN THE ONE YEAR IMMEDIATELY PROCEEDING THE EVENT THAT IS THE BASIS FOR SUCH CLAIM.

5.3 Customer agrees to indemnify, hold harmless, and defend at Customer's expense Rentec Direct and its affiliates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with Customer's use of this software or services.

6. Termination

6.1. Your Rentec Direct subscription may be cancelled at any time by logging into Rentec Direct and cancelling the account at Settings, Your Account & Subscription, Modify Subscription.

6.2. An unpaid account left unused for six months may be automatically cancelled by manual or automatic means and all information within the account deleted to restore room on the server for active accounts.

6.3. Rentec may archive or permanently delete the data contained within a locked, suspended, cancelled, or terminated account. If the data has not been permanently deleted, at Rentec's option and availability the data may be restored at the request of Customer for a fee to be determined at the time of the request.

6.4. Rentec Direct reserves the right to modify or discontinue any feature, product, or service. This includes modification or discontinuation of a feature, product or service for a particular region or area or to a particular customer. In such a case, Rentec Direct will attempt to provide a minimum of 30 days notice to any affected customers. Rentec Direct also reserves the right to immediately cancel service, without advance notice, to any customer who exhibits threatening, malicious, illegal, or abusive behavior.

6.5. Customer may request their account re-activated after cancellation. Rentec Direct has the sole and exclusive option to re-activate a cancelled account. If re-activation is approved, the re-activation will require restoration from backup and will incur a re-activation fee.

7. Miscellaneous

7.1. Any dispute arising out of this Agreement shall be resolved by binding arbitration conducted by The Arbitration Service of Portland, located in Portland, OR. The venue for arbitration shall be Grants Pass, OR or the closest available location to Grants Pass, OR available through the arbitration service. In the event the Arbitration Service of Portland is unavailable, the arbitration shall be conducted by the American Arbitration Association with the same venue parameters. In the event a Party initiates arbitration to enforce any of the provisions hereof, the prevailing Party shall be entitled to receive from the other Party all reasonable costs of such arbitration, including reasonable attorney's fees. Notwithstanding the above, Customer agrees that a breach of the confidentiality provisions contained herein will give rise to irreparable injury to Rentec Direct, and that Rentec Direct shall be entitled to immediate injunctive relief for such breach in a court of competent jurisdiction.

7.2. Jurisdiction and venue of any matter not subject to arbitration shall reside in Josephine County, State of Oregon. The Federal Arbitration Act shall govern all matters relating to arbitration. The laws of the State of Oregon shall govern all other matters relating to or arising from this agreement.

7.3. If the laws of the state in which Customer resides expressly require the application of its laws for interpreting or enforcing agreements such as this, then the right to use or sign up for Rentec Direct's services is expressly not permitted.

7.4. Use of this product is reserved for legitimate property managers, landlords, and associations. If you do not fall into one of these categories; or if you are affiliated with, own, or are employed by a service providing property management software to property managers, landlords, or associations, permission to use services by Rentec Direct, LLC is not permitted. Property management software is defined as any application, service, or website which directly offers, or has the terms "property management software", "landlord software", or "association software" within the source of their website or marketing materials.

7.5. In the event more than one individual is requesting access to data contained within a Rentec Direct database, the data will be distributed as follows. If the account is an individual account and has never been affiliated with a business entity, the data will be provided to that individual or their beneficiary. If the account is registered to a business entity or corporation, the data will be provided to the registered owner of the corporation as determined by either state registration data and/or other legal documents. In the event of a dispute over data, Rentec reserves the right to suspend the account, or access to the data, until sufficient proof of ownership or access is provided.

7.6. The information provided when signing up (including your name and email address), and information entered via other contact information forms, and entered via additional user forms, may be included in our information broadcasts which may include announcements of new updates, products, or newsletters. Your information will remain in our announcement database, even if your account is cancelled, until you request your information removed by clicking unsubscribe at the bottom of any of the messages at which point it will be promptly removed.

7.7. This agreement may be updated by Rentec Direct from time to time at which point the new agreement will be effective 30 days after it is posted for existing customers and in effect immediately for new customers. Rentec Direct will announce if there have been any updates to this agreement when you log in. Your continued use of the software constitutes your agreement with the then current terms of service. The most recent version of this agreement will be located at https://www.rentecdirect.com/terms. A date and revision will be posted at the bottom of this and future agreements to assist in determining any changes. In the event you wish to opt-out or disagree with any revisions of this agreement, Customer is advised to submit an email to [email protected] requesting cancellation of their account based upon the new terms of service. If Customer has paid in advance for any services or products and requests termination of their account because of changes made to the agreement, any pre-paid and unused funds will be refunded to Customer.

7.8. It is important for you to understand the laws and regulations within your jurisdiction. While Rentec Direct makes every effort to create a flexible software platform that works well in most jurisdictions, Rentec Direct does not warrant the software for any particular jurisdiction. If Rentec Direct does not meet the legal needs of your jurisdiction, you agree to discontinue use of all Rentec Direct software and/or services immediately.

7.9. You provide Rentec Direct staff explicit permission to contact you by phone, email, mail, live chat, or text message in response to your inquiries using the contact information you have provided. Any communication you have with Rentec Direct is not to be considered legal advice even if the response sounds legal in nature or is regarding a legal topic. This includes, but is not limited to, emails, phone calls, chats, blog articles, or other written material provided by Rentec Direct.

7.10. If you send email or text messages using the Rentec Direct interface, you agree to follow all laws, rules, and regulations related to email and text message communication, including but not limited to, the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. You further agree to always obtain consent from any recipient you plan to send messages to, and promptly discontinue sending messages to them upon their request.

7.11. Customer is responsible for maintaining the confidentiality of their account and password and for restricting access to their network and computer(s), and Customer agrees to accept responsibility for all activities that occur with their account, including activities that occur by their employees or any other user accounts created by Customer. Customer agrees to keep their account information secure and will take all necessary steps to keep their account information confidential including: a) using a strong password, b) using a different password for your Rentec Direct account than you use for any other application or website, c) not sharing your password with others, including business partners or employees, d) using multi-factor authentication, and e) always setting up separate user accounts for employees or others whom you grant access to your account. Customer is responsible for the security of their computer(s) and equipment used to access Rentec Direct systems, and is responsible for developing security procedures and training their employees on the procedures.

7.12. Notices. You agree that Rentec Direct 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 Rentec Direct. Rentec Direct will charge you a Records Request Fee of $25 to provide a paper copy.

7.13. Identity Verification. Some services provided by Rentec Direct require that we validate the identity of the user. This may include, but is not limited to, verifying the user's identity through a third-party service, verifying the user's identity through a government-issued ID, or verifying the user's identity through a credit card. Rentec Direct reserves the right to refuse or discontinue service to any user who does not pass the verification process.

8. Force Majeure

8.1 Neither party will be liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet access, or telephone service.

9. Website and Property Listings Hosting

9.1. If Customer publishes a website, rental listings, or rental application through Rentec Direct, Customer agrees to abide by all local and federal laws governing the content of that website. This includes content provided by Customer and the website in its entirety. This includes, but is not limited to, any website accessibility requirements and fair housing laws. Rentec Direct does not warrant that any components of the website, property listings, or rental applications meet any local or federal laws and it is your responsibility to know your laws and verify the website meets the needs of your particular locale. In the event the website does not meet your needs, it is your responsibility to discontinue use of the web resources provided by Rentec Direct.

9.2. Customer agrees to publish materials related to property management only.

9.2. Customer agrees to not publish anything illegal or illicit on their website.

9.3. Customer agrees to not publish anything related to the following categories: gambling, multi-level marketing, pornography, or drugs.

9.4. If Customer uses a web address provided by Rentec Direct, Customer acknowledges that this domain is the property of Rentec Direct and will remain the property of Rentec Direct forever. The use of this web address will be available only while Customer's account is active and in good standing. Example: yourcompany.propertymanage.biz.

9.5. If you have registered and own your own domain (such as www.yourdomain.com) and have it pointed at Rentec Direct's servers, you can re-point that domain anywhere else at any time by contacting your registrar or DNS hosting provider.

9.6. If Rentec, through a promotion or otherwise, orders a domain on your behalf and pays the cost of registering that domain, the domain will be registered in Rentec Direct's name. At any time you can request that the domain be transferred to another registrar provided your account is in good standing with Rentec.

9.7. Website hosting is subject to fair use guidelines. If the traffic to a website greatly exceeds the average of other hosted websites, Rentec Direct may request that Customer move to a high capacity hosting provider.

9.8. Under no circumstances will Rentec be liable for loss of any business or online presence (SEO or otherwise) by hosting Customer's website. This includes circumstances such as, but not limited to, service disruptions or website suspension.

9.9. Rentec reserves the right to discontinue hosting Customer's website at any time.

9.10. Solely for purposes of providing the Services, Customer hereby grants to Rentec Direct a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Customer's Content; and (ii) make archival or back-up copies of Customer's Content and Customer's Websites. Except for the rights expressly granted herein, Rentec Direct does not acquire any right, title or interest in or to the Customer's Content, all of which shall remain solely with Customer.

9.11. Rentec Direct exercises no control over, and accepts no responsibility for, Customer's Content or the content of any information passing through Rentec Direct's computers, network hubs and points of presence or the Internet. Rentec Direct does not monitor Customer's Content. However, you acknowledge and agree that Rentec Direct may, but is not obligated to, immediately take any corrective action in Rentec Direct's sole discretion, including without limitation removal of all or a portion of the Customer's Content or Customer's Website.

10. Copyright policy

10.1. It is not permitted for Customer to post unlicensed copyright material on any of Rentec Direct's servers. It is Customer's responsibility to purchase licenses for any material, including but not limited to, images, videos, audio, text, or any other content that can be copyright, before publishing it on any service provided by Rentec Direct.

10.2. It is Rentec Direct's policy to a) remove content that we believe in good faith to be unauthorized use of copyrighted material, and b) remove and discontinue service to repeat offenders.

10.2. Rentec Direct responds to copyright complaints submitted under the Digital Millennium Copyright Act ("DMCA") section 512. For information on how to file a complaint, visit https://www.rentecdirect.com/dmca-policy.

11. Online Payments

11.1. Online Payments Definitions

a. "ACH" means the Automated Clearing House network, also known as electronic funds transfer.
b. "Chargeback" means a request that a buyer files directly with his or her credit card company or bank to invalidate a payment.
c. "Disputes", "Claims", and "Reversals" means a challenge to a payment that a Tenant or Owner files directly with his or her credit card company or bank. A Dispute, Claim, or Reversal may be filed if the Tenant or Owner believes that the payment was made in error or was unauthorized.
d. "Days" means calendar days.
e. “Tenant,” and “Renter” means the individual or organization who has a contract with the Landlord to rent or lease a property managed by the Customer.
f. "Owner" means the individual or organization who has a contract with Customer to manage a property owned by the Owner.

11.2. Rentec Direct is a software application which helps you schedule and send payment or credit instructions to your merchant account or payment service provider. Rentec Direct is not a merchant service or payment service provider. It is Customer's obligation to review any transactions initiated by Rentec Direct for accuracy before those funds settle, which is typically one Business Day, and notify Rentec Direct and your merchant provider of any errors.

11.3. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Rentec Direct's prior written consent. Rentec Direct reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

11.4. Customer acknowledges that Rentec Direct is only sending the electronic transactions that You, your Tenant, or your Owner initiates and does not hold itself out as a collection agency or payment processor. It is the Customer’s responsibility to ensure that such transactions are received in a timely basis according to the terms of the separate lease/rental agreement executed between the Customer and Tenant and/or Owner. Any dispute between the Tenant/Owner and Customer regarding amount of payment, timing of payment, lack of payment, late-charges incurred, overdue rent and the like will be handled exclusively between the Owner/Tenant and Customer. Additionally, any disputes related to any other payments sent to or received using Rentec Direct to any other party, will be handled exclusively between Customer and that party.

11.5. Customer acknowledges that they will have a separate agreement with a payment processor, and that payment processor will be the entity that handles the financial transactions. Customer agrees that any dispute related to payment processing will be handled directly between Customer and their payment processor. Further, Customer agrees to defend and hold harmless Rentec Direct related to any action or dispute related to payment processing services, even if Rentec Direct assists with any communication between Customer and the payment processor.

11.6. At Rentec Direct's option, Rentec Direct may pay the processing fees directly to the payment or merchant processor, and then discount or mark-up those rates and invoice them to the Customer. If Rentec Direct does not elect to pay the processing fees directly, you will receive a separate invoice from the payment processor.

11.7. Online Payment Processing Fees. All fees are in U.S. Dollars unless otherwise stated and are in addition to your software subscription cost.

$0 Per Incoming ACH Transaction *
$0.50 Per Outgoing ACH Transaction
$0.50 ACH Verify
$0 Monthly Fee
$0 Setup Fee
2.95% VI/MC/DISC Credit Transactions
3.50% AMEX Credit Transactions

Each credit card transaction has a $1.00 minimum transaction fee. Debit cards are charged as credit transactions and have the same costs as credit transactions. Chargebacks, either from ACH or Credit Card will incur a $35.00 fee. ACH Returns due to NSF or other bank rejections will incur a $5.00 fee. Transactions which are voided prior to processing will not incur a processing fee. All transactions, including transactions which are refunded at a later date, incur the listed processing fee.

* One (1) Incoming ACH transactions is free per active property. Excess ACH transactions will be billed at $0.50/each.

11.8. Restricted Activities. In connection with your use of our website, your account, or the Services, or in the course of your interactions with Rentec Direct, a User or a third party, you will not: a) Breach this Agreement or any other agreement that you have entered into with Rentec Direct (including a Policy); b) Violate any law, statute, ordinance, or regulation; c) Provide false, inaccurate or misleading Information; d) Send or receive what we reasonably believe to be potentially fraudulent funds; e) 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 Rentec Direct, a User, a third party or you; f) Use your Account or the Services in a manner that Rentec Direct, NACHA, Our Banks, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the ACH or credit card system or a violation of credit card or NACHA association rules.

11.9. Your Liability. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by Rentec Direct, a Rentec Direct 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 Rentec Direct, a User, or a third party for any and all such liability.

11.10. Reimbursement for Your Liability. In the event that you are liable for any amounts owed to Rentec Direct, Rentec Direct may charge those amounts to the payment information present on file or to the settlement account used in conjunction with your merchant account. You authorize Rentec Direct to electronically debit these accounts for any amounts due. 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, Rentec Direct may engage in collection efforts to recover such amounts.

11.11. Cancelling online payments. You may discontinue your online payment services by emailing Rentec Direct at [email protected]. Send the email from an address registered to your account and provide contact information, including a daytime phone number, so we can verify the validity of the request. The email will not be deemed delivered until you have received confirmation from us that it was received. Upon account closure, all unpaid fees must be immediately paid in full and we will cancel any pending payments. If your online payments account is closed within 12 months of opening it, there will be a $150 account closure charge.



TS. Tenant Screening

TS.1. Customer is a US Resident intending to screen only US Residents and I have a permissible purpose as described in the Fair Credit Reporting Act (FCRA) to retrieve consumer reports for tenant screening purposes.

TS.2. Customer agrees to abide by all requirements of the Fair Credit Reporting Act (FCRA) as posted by the Federal Trade Commission posted at http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-credit-reporting-act. If customer is unable to comply with any provisions of the FCRA or any other federal, state or local guidelines regarding consumer data, customer will immediately notify Rentec Direct and discontinue use of tenant screening products.

TS.3. Customer agrees to follow any state or federal rules for obtaining or storing consumer public or non-public information. Customer further agrees to protect the privacy of all data supplied by my tenant(s).

TS.4. Customer agrees to maintain a copy of all written authorizations from tenants for a minimum of five (5) years, or as required by law, and provide a copy of written authorization to Rentec Direct, LLC in a timely manner upon request.

TS.5. The consumer reports shall be requested by, and disclosed by Subscriber only to Subscriber's designated and authorized employees having a need to know and only to the extent necessary to enable Subscriber to use the Consumer Reports in accordance with this Agreement.

TS.6. Customer shall use each Consumer Report only for a one-time use and shall hold the report in strict confidence, and not disclose it to any third parties; provided, however, that Customer may, disclose the report to the subject of the report only in connection with an adverse action based on the report.

TS.7. With just cause, such as violation of the terms of the Customer's contract or a legal requirement, or a material change in existing legal requirements that adversely affects the Customer's agreement, Rentec Direct may, upon its election, discontinue serving the Customer and cancel the agreement immediately.

TS.8. Customer understands that due to the nature of credit, criminal and other background screening checks, that databases are not always up to date. Rentec Direct provides this data on an AS-IS basis and does not guarantee the contents or the time frame in which the report is delivered.

TS.9. Customer understands and agrees that all credit screening requests are provided in real-time to a 3rd party data vendor, and once ordered all reports are non-refundable. At Rentec Direct's sole discretion, a full or partial refund of the price paid may be granted if the data within a report is proven to be inaccurate.

TS.10. Most reports ordered through Rentec Direct will remain available for up to 90 days. Some reports may have their own expiration dates that are shorter than 90 days. After this time, the data may no longer be accessible via the Rentec Direct interface.

TS.11. In the event of adverse action based on information supplied by Rentec Direct or any affiliate or vendor, Customer must provide the subject with an adverse action notice that includes the terms and contact information (as defined by the FCRA) referencing the consumer reporting agency (CRA) that provided the information.

TS.12. By submitting a tenant screening order through the system, Customer hereby certifies that they have provided to the candidate a legally compliant separate stand-alone disclosure regarding background checks. Customer has also obtained written authorization from the subject of the background report that such checks may be conducted. Customer has selected a specific permissible purpose (tenant screening only) along with this order that it is appropriate for this search. I certify that I will follow proper FCRA adverse action procedures when applicable.

TS.13. Most criminal and eviction data provided by or through Rentec Direct is sourced from Contemporary Information Corporation (CIC). CIC requires Customer (End User within this paragraph) to acknowledge to the following. CUSTOMER ACKNOWLEDGES THAT CIC OBTAINS THE INFORMATION CONTAINED IN THE CIC DATA FROM THIRD PARTY SOURCES “AS IS”, AND THEREFORE PROVIDES THE INFORMATION TO RESELLER AND END USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. “AS IS” MEANS THAT CIC DOES NOT GUARANTEE THE ACCURACY OR TRUTHFULNESS OF THE INFORMATION AS TO THE SUBJECT OF THE INVESTIGATION, BUT ONLY THAT THE INFORMATION IS ACCURATELY COPIED FROM PUBLIC RECORDS, AND THEREFORE INFORMATION GENERATED AS A RESULT OF IDENTITY THEFT, INCLUDING EVIDENCE OF DEROGATORY ACTIVITY, MAY BE INACCURATELY ASSOCIATED WITH THE CONSUMER WHO IS THE SUBJECT OF THE REPORT. CIC AND ITS DATA SOURCES AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR A COURSE OF PERFORMANCE, THAT THE CIC DATA WILL MEET RESELLER'S OR END USERS’ NEEDS, OR WILL BE PROVIDED ON AN UNINTERRUPTED BASIS; CIC EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CIC AND ITS DATA SOURCES AND PROVIDERS EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.

Revision 1.11 (04/22/2024)