Property Management System (PMS) is defined as RealPage, Inc.; Entrata, Inc.; or Yardi Systems, Inc., including any affiliates of the aforementioned corporations as well as their successors and assigns. The Owner and Manager has the right, at its sole discretion, to change Property Management Systems.
Resident acknowledges that Owner and Manager offer certain payment options and online services to residents, including a service that provides residents with the option to make rental payments from a checking account (electronic check/ACH), credit/debit card or electronic money order initiated online through the Property Management System (PMS) or its affiliates, an independent service provider not affiliated with Owner or Manager. These payment options through the PMS are voluntary and not obligatory. Residents are not required to make any rental payment through the PMS. To use the online service, residents must elect to register with or sign up for the online rental payment service directly through the PMS and the terms of use of such service will be governed solely by any agreements between the PMS and resident.
Resident specifically acknowledges that Owner and Manager are not responsible for the privacy and security of any information resident may provide to the PMS in connection with the activation of online rental payment service through the PMS or the initiation of any online rental payment to Owner and Manager through the PMS, including, without limitation, the identification of Resident’s billing address, bank and/or credit/debit card account numbers, and credit/debit card expiration dates. Resident is solely responsible for maintaining the confidentiality of Resident’s user I.D., password, and other access code required by the PMS for the use of their payment services. Owner and Manager are not responsible for any activities occurring under Resident’s user I.D., password, or access code for the PMS services. Resident expressly agrees and understands that it is Resident’s sole responsibility to review the privacy and data security policy and related representations provided by the PMS prior to signing up or registering with the PMS to make payments to Owner and Manager to ensure that Resident understands and accepts those specific terms of use of the payment services provided by the PMS, as the same may be changed by the PMS from time to time.
Owner and Manager do assess a fee for the receipt of rental payments made by residents through the PMS. Resident should, however, review the terms of use of his/her agreements with the PMS and his/her bank and/or credit/debit card account agreements to determine whether the PMS and/or his/her bank or card issuer may assess fees or charges in connection with such payments.
Resident acknowledges that the PMS has no authority to act on behalf of or bind Owner and Manager, and Owner and Manager are not bound by any representation of any kind by the PMS to Resident with regard to the obligations of Owner and Manager to Resident or any other person, or of Resident or any other person to Owner and Manager, under any law, lease, license, contract, or otherwise, whether related to the terms or conditions of the rental payment services or otherwise.
Resident acknowledges that partial rent payments made through the PMS will not be accepted by Owner and Manager. Late payments may not be made online and must be submitted in certified funds. Resident acknowledges that, at any time, Owner and Manager may elect to no longer accept rental payments made by residents through the PMS.
Owner and Manager make no representations or warranties, either expressed or implied, in any way regarding the services provided by the PMS and shall not be liable for any claims or losses, including any and all claims or losses regarding the privacy and security of the information provided by resident to the PMS, relating to resident’s activation of the the PMS online payment services and/or use of the services to initiate and/or make one or more rental payments to Owner and Manager. Resident hereby waives, disclaims and agrees not to assert any and all claims of any kind which Resident may have, now or in the future, against Owner and Manager arising, directly or indirectly, under or in connection with the services provided by the PMS.
Resident acknowledges that Owner and Manager may use other online services provided by the PMS that may permit residents to, among other things, renew their lease agreement, send in a maintenance request, view the community calendar, or change their personal information, such as telephone and tag numbers. Such services may require a user ID and password for access.
Acknowledgement by Resident(s): I have read, understood, and agree to the disclosures above. I acknowledge that Owner’s and Manager’s representatives have no authority to make changes or modifications to this document unless they are in writing and signed by all parties.
