Rentec Direct Terms & Conditions
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. "Party" shall mean Rentec Direct or Customer, collectively referred to as "Parties".
1.3. "Services" shall mean services to be performed by Rentec Direct.
1.4. "Customer" shall mean the user who signs up and uses the Rentec Direct application(s).
1.5. "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.
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, the Customer is responsible for their own Internet connection in order to connect to Rentec Direct.
2.2. Rentec Direct will backup all applications and data within it's control. Customer should still maintain copies of their own data to ensure it's 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 and FAQ documentation provided online to provide self-help for some of the more complicated tasks. For clients needing support, Rentec Direct provides free online support by clicking the need help link once logged in. This support is for basic product usage and howto information on using the features being purchased. Rentec will provide up to two hours of one-on-one training and support to any Rentec Pro or PM client at no cost within the first 90 days following sign-up. Training beyond the first two hours or after the first 90 days is billed at $50 per hour. Assistance manipulating or modifying your data is also available at $50 per hour by our customer service staff.
2.4. Data import or export is available on a per-hour basis billed at $35 per hour for data import to a Rentec Pro or PM account, $100 per hour for data import to a Rentec Basic account, and $100 per hour for data export services.
2.5. Rentec Direct may provide services through third-party vendors such as tenant screening, tax filing, or other complimentary services. Rentec provides these services on an AS-IS basis, and provides not warranty or guarantee of their performance or accuracy. It is the Customer's responsibility to verify the accuracy of any third-party services before utilizing them.
3. Compensation and Payment
3.1. Rentec Basic is a free for use program and has no costs associated with it. Rentec Basic supports up to a maximum of ten properties and/or ten tenants. A minimum of 30 days notice will be given to Rentec Basic users if there is any changes are to occur related to pricing.
3.2. Rentec Pro and Rentec PM is an online subscription. Pricing information for Rentec Direct products can be found at http://www.rentecdirect.com/products/. Rentec Pro, PM, and Rentec for Association 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 signup monthly until either a) all payment information is removed by Customer, or b) Customer selects to use the Rentec Basic product.
3.3. Tenant screening is an ancillary product offered by Rentec Direct and is billed to Customer at the time of use using the provided payment information. Customer must have a credit card on record in order to order any tenant screening products. Tenant screening products are non-refundable once the order has been confirmed.
3.4. Customer agrees and understands that Rentec Direct is not obligated to refund any services which have been delivered.
3.5. A service is considered delivered under the following cirumstances. 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.
3.6. 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, charged to the payment method on record.
3.7. For Bank Draft / ACH payments, I authorize Rentec Direct, LLC to electronically submit my check payment. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.
3.8. 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.
3.9. 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.
3.10. 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.
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.
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 FEES ACTUALLY PAID BY CUSTOMER FOR THE 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.
6.1. Rentec Basic has no term, and therefore Customer may cancel at anytime with no notice. Cancellation should be performed by sending an email to email@example.com with the login of your account. The information will be verified and then the account will be disabled.
6.2. Rentec Pro, Rentec PM, or Rentec for Associations also have no term and may be cancelled by Customer at any time by logging into Rentec Direct and changing the subscription from the current paid subscription to Basic OR by removing all payment information from the system. This action by Customer will immediately cease any future subscription billing. If Customer wishes the account disabled entirely, the steps in section 6.1 may be followed.
6.3. An 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. Accounts with valid billing information that remain paid-up will not be cancelled regardless any inactivity period.
6.4. 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.
7.1. Any dispute arising out of this Agreement shall be resolved by binding arbitration conducted by The Arbitration Service of Portland in Portland, Oregon. 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 signup 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 corporation, the data will be provided to that individual or their beneficiary. If the account is a corporate account, the data will be provided to the registered owner of the corporation. In the event of a dispute over data, Rentec reserves the right to suspend access to the data until sufficient proof of ownership is provided.
7.6. The information provided when signing up (including your name and email address) or via the contact information forms within Rentec Direct, will be included in our information broadcasts which may include announcements of new updates or newsletters.
7.7. This agreement may be updated by Rentec Direct at any time. It is the responsibility of the Customer to check for updates. Upon update a new version will be uploaded to the following location: http://www.rentecdirect.com/terms. A date and revision will be posted at the bottom of this and future agreements to assist in determining any if there have been any changes. In the event Customer disagrees with any updates to future revisions of this agreement, Customer is advised to submit an email to firstname.lastname@example.org requesting termination of their account. If subscriber 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.
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, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet access, or telephone service.
9. Tenant Screening (applicable only if Customer is using tenant screening products)
9.1. 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.
9.2. 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.
9.3. 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).
9.4. 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.
9.5. 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.
9.6. 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.
9.7. 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.
9.8. 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.
9.9. 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 are non-refundable.
9.10. Rentec Direct will archive credit reports ordered through the system for up to 90 days, and criminal reports for up to 180 days. After this time, the data may no longer be accessible via the Rentec Direct interface.
9.11. 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.
9.12. 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.
10. Website Hosting
10.1. If Customer publishes a website or rental listings through Rentec Direct, Customer agrees to abide by all local and federal laws governing the content of that website.
10.2. Customer agrees to publish materials related to property management only.
10.2. Customer agrees to not publish anything illegal or illicit on their website.
10.3. Customer agrees to not publish anything related to the following categories: gambling, multi-level marketing, pornography, or drugs.
10.4. 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.
10.5. 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.
10.6. 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.
10.7. 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.
10.8. Under no circumstances will Rentec be liable for loss of any business or online presense (SEO or otherwise) by hosting Customer's website. This includes circumstances such as, but not limited to, service disruptions or website suspension.
10.9. Rentec reserves the right to discontinue hosting Customer's website at any time.
10.10. 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.
10.11. 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.
revision 1.52 (12/15/2016)