Terms and Conditions:
Thank you for using A & A Real Estate Services. Please take the time to review the terms and conditions of usage for the A & A Real Estate Services. By clicking on the "Agree with Terms and Conditions", you, the Payer, signify your acceptance of the terms and conditions of the A & A Real Estate Services. Please note that A & A Real Estate Services reserves the right to modify these terms and conditions at any time. If, at any time, you do not wish to accept these terms and conditions of service, you may choose to not use the A & A Real Estate Services.
1. Description of A & A Real Estate Services: A & A Real Estate Services provides an online payment service to tenants with a specific target market in the property management industry. A Tenant that uses the A & A Real Estate Services system can choose to provide their respective payers the option to pay with an electronic check (ACH) and/or credit card. The tenant can choose to offer the payer options for one-time payments and/or automatic payments. A & A Real Estate Services will process a transaction to the account holder's account information provided on the date the payer instructs A& A Real Estate Services to process the transaction. The transaction will be credited to the tenant less any applicable service fees within the time frame indicated online. If a notification is selected, A& A Real Estate Services will send an e-mail receipt to the payer in a timely fashion as well as notifying the management company via online reporting and e-mail notification.
2. Registration and Use: In consideration of your use of the A & A Real Estate Services, you agree that (i) the information provided to A & A Real Estate Services in the user registration and personal information is accurate and in the event this information should change, you will update your information on the system to be true and accurate in a timely manner and (ii) that the user of the account will not use the A & A Real Estate Services for illegal purposes and (iii) you are at least 18 years old and (iv) you will comply with US Law regarding the transmitting of any data obtained on the A & A Real Estate Services and (v) you are fully responsible for all activity occurring under your username and password via your A & A Real Estate Services account and in the event you have knowledge of unauthorized access to your A & A Real Estate Services account, you will immediately notify A & A Real Estate Services and (vi) you are fully authorized to use any bank account or credit card registered in your A & A Real Estate Services account.
3. Fees: Per our agreement with your tenant, A & A Real Estate Services reserves the right to assess a convenience fee for use of the A & A Real Estate Services at 3%. A & A Real Estate Services will not charge you, the payer, a convenience fee without receiving prior authorization and consent. While the A&A Real Estate Services system displays all related convenience fees in a visible location for payers, the payer will receive a final confirmation page including the transaction amount including the convenience fee and will be given the opportunity to either "Submit" or "Cancel" the transaction.
4. Transaction Authorizations: In accordance with the terms of the use of the A & A Real Estate Services system, you waive the right to initiate a chargeback or stop payment against any transaction initiated through your A & A Real Estate Services account. In the event a cardholder or bank account holder would like to request a refund for a transaction processed on the A & A Real Estate Services system, this individual must contact A & A Real Estate Services directly and adhere to the guidelines outlined in section 5 for 'Transaction Refunds'.
5. Transaction Refunds: As a A & A Real Estate Services user can request a refund for a payment processed through the payer's A & A Real Estate Services account if the payment is still in processing to the tenant. Once the funds have settled to the tenant's deposit account, the A & A Real Estate Services user can no longer request a refund directly with A & A Real Estate Services and must request that the tenant send a request to A & A Real Estate Services for a refund to the account holder. The tenant must include the transaction number and amount to be refunded. Requests are fulfilled only during A & A Real Estate Services business hours Monday through Friday 8:00 AM-5:00 PM CST. A request can be sent via:
If a payment is still processing to a tenant, a refund can be requested by A & A Real Estate Services user to the bank account or credit card used for the transaction through the following steps:
6. Account Cancellation: The account with A & A Real Estate Services can be cancelled either by the user on the account or by A & A Real Estate Services e with or without cause at any time with immediate effect. In order for a A & A Real Estate Services user to cancel the account, the A & A Real Estate Services user must send an e-mail to Clark Stephenson at email@example.com from the user's registered e-mail on the A & A Real Estate Services account. As a result of the cancellation, all future payments on an Automatic Payment schedule will automatically be cancelled. A & A Real Estate Services reserves the right to suspend or terminate your account with A & A Real Estate Services for any reason including but not limited to untrue or inaccurate information, fraudulent and/or illegal use of an account holder's information or a pending investigation of potential fraud.
7. E-Mail Marketing: By agreeing to the terms and conditions of the A & A Real Estate Services account, you are consenting to receive solicited e-mail notifications from A & A Real Estate Services. You have the right to decline receiving e-mails from A & A Real Estate Services by clicking on the Unsubscribe button or by contacting A & A Real Estate Services via e-mail firstname.lastname@example.org or by telephone 972-291-7133.
8. No Warranty: A & A Real Estate Services and/or its parent, subsidiaries, officers, directors and employees (collectively, "agents") provide its services "as is" and without any warranty or condition, express, implied or statutory. A & A Real Estate Services and its agents specifically disclaim any implied warranties of title, tenantability, fitness for a particular purpose and non-infringement. A & A Real Estate Services shall make reasonable efforts to ensure that all electronic debits and credits involving the Account are processed in a timely manner, however A & A Real Estate Services makes no representations or warranties regarding the accuracy or timeliness of such processing because A & A Real Estate Services’sprocessing is largely dependant upon many factors outside of its control, such as delays in the U.S. banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to the payer.
9. Limitation of Liability: In no event shall A & A Real Estate Services and/or its agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this agreement (however arising, including negligence). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to Lessee.
10. Release: You, the A & A Real Estate Services user, agree to release A & A Real Estate Services (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Agreement.
11. Indemnification: Lessee agree to indemnify and hold A & A Real Estate Services and/or its Agents harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of Lessee's breach of this Agreement or the documents it incorporates by reference.
12. General: Any claim or dispute arising out of the Agreement shall be resolved through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Agreement is governed by and interpreted under the laws of the state of California as such laws are applied to agreements entered into and to be performed entirely within Texas by Texas residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern the Agreement to the extent that the FAA is inconsistent with Texas law. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Lessee agrees that the Agreement may be automatically assigned by A & A Real Estate Services, in its sole discretion, to a third party in the event of a merger or acquisition. The Agreement and the documents it incorporates set forth the entire understanding between the parties with respect to the subject matter hereof and Sections 1-7 above shall survive any termination or expiration of the Agreement.
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