TERMS AND CONDITIONS OF USE
FOR OWNERS/MANAGERS
This Service Agreement and Website Terms and Conditions of Use for Owners/Managers (“Agreement” or “Terms and Conditions”) is made and entered into by and between ClickPayServices, Inc., a Delaware corporation (“ClickPay”) and the designated Owner/Manager (“Landlord” or “You”) identified in the Registration Form of which this Agreement is a part.
YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE CLICKING THE “I AGREE” BUTTON AT THE END OF THIS AGREEMENT AND USING THE PAYMENT SERVICE DESCRIBED HEREIN. BY CLICKING THE “I AGREE” BUTTON AT THE END OF THIS AGREEMENT AND COMPLETING THE ON-LINE REGISTRATION FORM OF WHICH THIS AGREEMENT IS A PART, YOU ARE ENTERING INTO AND AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT. THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS AND DISCLOSURES THAT AFFECT YOUR USE OF THE PAYMENT SERVICE DESCRIBED IN SECTION 1 AND YOUR LEGAL RIGHTS AND REMEDIES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK THE “I AGREE” BUTTON.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PAYMENT SERVICE.
CERTAIN CAPITALIZED TERMS USED IN THIS AGREEMENT ARE DEFINED IN SECTION 2 AND IN OTHER PORTIONS OF THIS AGREEMENT.
1. General. ClickPay provides access to an Internet-based and telephone/facsimile electronic Payment Service to facilitate the periodic payment of rents, license fees, security and other deposits, security and other refunds, dues, parking fees, storage fees, and other payments, fees, and charges, related to leased or licensed real property, whether fixed or variable (each and all of which are referred to in this Agreement as “Rent”). The Payment Service is offered to facilitate electronic transactions between Owners/Managers and Tenants via ACH Payment, Debit Card Payment and/or Credit Card Payment, as chosen by the Owner/Manager. Credit Card Payments can be made through the Payment Service only if the Owner/Manager enters into a Merchant Services Agreement. LANDLORD DESIRES TO PROVIDE TENANTS WITH THE OPTION TO MAKE ELECTRONIC PAYMENTS OF RENT TO LANDLORD THOUGH USE OF THE PAYMENT SERVICE IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. LANDLORD IS ENTERING INTO THIS AGREEMENT ON THAT BASIS.
2. Definitions. As used in this Agreement:
(a) “ACH” means an automated clearing house operated in accordance with the rules and regulations of NACHA – The Electronic Payments Association and the Federal Reserve System, by which a bank or other financial institution account designated by a Person is charged (debited) for the amount of the payment.
(b) “ACH Payment” means an electronic payment made through an ACH.
(c) “Account Opening Form” means the Account Opening – ClickPay Fee Schedule document completed and signed by Landlord and submitted to and accepted by ClickPay prior to entering into this Agreement.
(d) “ClickPay Indemnified Parties” shall have the meaning set forth in Section 15.
(e) “ClickPay Suppliers” means all Persons providing goods or services to and/or otherwise conducting business with ClickPay (other than Owners and Tenants) as part of, in connection with, or to facilitate the Payment Service, including but not limited to, software and/or hardware licensors, ACHs, Service Banks, other financial institutions and Merchant Services Providers.
(f) “Credit Card” means a card issued to a Person by an authorized financial institution in accordance with applicable Laws providing access to a revolving line of credit which a Person may use for payment of an obligation.
(g) “Credit Card Payment” means a payment made through use of a Credit Card.
(h) “Debit Card” means a card issued to a Person by an authorized financial institution which provides a Person with electronic access TO a bank account to which the card is linked or to stored value associated with the card, so as to permit withdrawal of funds from the linked bank account or from stored value to pay an obligation.
(i) “Debit Card Payment” means a payment made through use of a Debit Card.
(j) “Effective Date” means the date on which this Agreement becomes binding and enforceable, which is the date on which Landlord enters into this Agreement by clicking the “I AGREE” button at the end of this Agreement and completes the Registration Form.
(k) “Electronic Payment” means an ACH Payment, Credit Card Payment or Debit Card Payment.
(l) “Fees” means Payment Fees and any other fees, charges and amounts due ClickPay pursuant to this Agreement.
(m) “Governmental Entity” means any: (i) state, county, city, town, village, district, or other jurisdiction of any nature; (ii) federal, state, local, municipal or other government; (iii) governmental or quasi-governmental authority of any nature (including any governmental agency, branch, department, official, or entity and any court or other tribunal); or (iv) body exercising, or entitled to exercise, any administrative, executive, judicial, legislative, police, regulatory, or taxing authority or power of any nature.
(n) “Landlord’s Account” means that account or those accounts maintained by Landlord at duly licensed and authorized financial institutions and designated by Landlord in the Registration Form as the accounts into which payments of Rent to Landlord through the Payment Service shall be deposited.
(o) “Laws” means federal, state, local, municipal and other laws, constitutions, ordinances, principles of common law, regulations, statutes or administrative orders.
(p) “Merchant Services Agreement” means an agreement between a Merchant Services Provider and another Person, pursuant to which a Merchant Services Provider provides transaction processing services to that Person in exchange for payment.
(q) “Merchant Services Fees” shall have the meaning set forth in Paragraph 7(a).
(r) “Merchant Services Provider” means a bank or other financial institution or entity that provides transaction processing, including processing of Credit Card Payments, Debit Card Payments and other electronic commerce transactions.
(s) “Owner” means: (i) a Person who or which directly or indirectly owns or controls real property (including but not limited to, control by virtue of lease or sublease) and who or which leases, subleases, licenses or sub-licenses all or portions of such real property to Tenants for use or occupancy for residential or commercial purposes, including parking; (ii) a cooperative or condominium association, organization or other Person who or which collects Rent from Tenants; (iii) any Person authorized to manage real property on behalf of, collect and distribute Rents for, and/or and enter into agreements which bind, any Person described in (i) or (ii) above.
(t) “Parties” means ClickPay and the Landlord entering into this Agreement (each, a “Party”).
(u) “Payment Fee” shall have the meaning set forth in Paragraph 7(a).
(v) “Payment Service” means the Payment Service described in Section 1 to be used in accordance with the provisions of this Agreement.
(w) “Person” means any individual, corporation (including any non-profit corporation), general or limited partnership, limited liability company, joint venture, estate, trust, association, organization, labor union, Governmental Entity or any other entity.
(x) “Properties” means (i) the real property identified by Landlord in the Account Opening Form and (ii) any real property subsequently identified by Landlord in a supplement or addition to the Account Opening Form (each, a “Property”).
(y) “Rent” shall have the meaning set forth in Section 1.
(z) “Registration Form” means the on-line Registration Form of which this Agreement forms a part.
(aa) “Service Bank” means a financial institution through which ClickPay maintains an ACH account used to facilitate the transfer of funds as part of the Payment Service.
(bb) “Telephone Payment” means an Electronic Payment authorized by a Tenant by telephone or facsimile.
(cc) “Tenant” means any Person who or which leases, subleases, license, uses or occupies a Unit in exchange for, or pursuant to any arrangement which requires, payment to a Landlord.
(dd) “Tenant Terms and Conditions” shall have the meaning set forth in Paragraph 4(d).
(ee) “Term”, “Initial Term” and “Renewal Term” each shall have the meaning set forth in Paragraph 3(a).
(ff) “Unit” means a rental unit located on or in a Property and leased or licensed by Landlord, or in respect of which Landlord collects Rent, including but not limited to, a rental apartment, condominium unit, cooperative apartment, parking garage, parking space, storage area, student dorm room or apartment.
(gg) “Website” means collectively, the websites at www.clickpay.com, www.clickpayrent.com, www.clickpaycampus.com, www.clickpaypark.com, www.clickpaydues.com, www.clickpaystorage.com and all associated websites linked to any of them which are owned, operated or controlled by ClickPay, its parents, subsidiaries and/or affiliates.
Other capitalized terms defined herein shall have the meaning set forth in the Section or Paragraph in which defined.
3. Term.
(a) Unless sooner terminated as provided herein, the term of this Agreement shall be one (1) year, beginning on the Effective Date and ending at 11:59 p.m. on the day preceding the first anniversary of the Effective Date (the “Initial Term”). This Agreement shall automatically renew for additional periods of one (1) year (each, a “Renewal Term”) commencing immediately upon the end of the Initial Term or the then-current Renewal Term, as the case may be, unless either Party notifies the other Party in writing not less than thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as the case may be, of its intention not to renew. As used herein “Term” means the Initial Term and any and all Renewal Terms, if applicable.
(b) Either ClickPay or Landlord may terminate this Agreement and use of the Payment Service, with or without cause, at any time and effective immediately. Landlord shall remain liable for all outstanding payments and Fees due ClickPay at the time of the termination. ClickPay may terminate the Payment Service and this Agreement immediately without notice if ClickPay determines, in its sole discretion, that Landlord has failed to comply with any provision of this Agreement or that continuation of this Agreement or use of the Payment Service by Landlord may (i) cause ClickPay to violate any Laws, (ii) create a risk of financial harm to ClickPay or (iii) is having or is likely to have an adverse effect on the Payment Service, ClickPay’s reputation, or other ClickPay customers or users of the Payment Service.
(c) Termination of this Agreement will not relieve either Party of any obligation to pay the other Party any compensation, fees or other amounts due and owing to the other Party through the date of termination. In addition, Landlord shall remain liable for chargebacks, Tenant payments for which Landlord has received credit but which are reversed due to insufficient funds in a Tenant’s account or for any other reason, and any other obligations incurred by Landlord after the expiration or termination of this Agreement. Following the expiration or termination of this Agreement, ClickPay may disable Landlord’s access to the Payment Service and Website.
4. Use of Payment Service; Remittance Date to Landlord.
(a) During the Term, Landlord shall be permitted to use the Payment Service solely for the purposes of facilitating Electronic Payments of Rent by Tenants of Properties. Landlord shall allow Tenants to make Electronic Payments of Rent: (i) through the Website; and (ii) by Telephone Payment. All payments of Rent received through the Payment Service are placed directly into an ACH account at a Service Bank.
(b) ClickPay shall make commercially reasonable efforts to cause each Electronic Payment of Rent to be deposited in Landlord’s Account by electronic transfer within two (2) business days of a Tenant accessing the Payment Service to make such payment. However, delays in deposit of Electronic Payment of Rent in Landlord’s Account may result from transaction volume, historical volume of returned, rejected or reversed Electronic Payments, or the actions or omissions of Persons other than ClickPay. ClickPay shall have no liability for such delays. Landlord hereby authorizes ClickPay to access and use Landlord’s Account to cause Electronic Payments to be deposited therein and withdraw Fees and any returns, reversals, refunds, chargebacks or other adjustments of Rent payments, as contemplated by this Agreement.
(c) The date on which a Rent payment is authorized by a Tenant using the Payment Service, whether through the Website or by Telephone Payment, shall be deemed the date the Rent payment is made for purposes of late fees, if any, which Landlord charges Tenant.
(d) Each Tenant desiring to use the Payment Service must first register on the Website and read and accept the Website Terms and Conditions of Use for Tenants (“Tenant Terms and Conditions”). Telephone Payments are subject to: (i) Landlord’s disclosure to Tenant of all Fees associated with such payment before the payment is made and accepted; and (ii) additional requirements set forth in the Tenant Terms and Conditions.
(e) Landlord may not use the Payment Service for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
(f) disclaimers regarding clickpay’s scope of service and authority.
(i) ClickPay is not a real estate broker, brokerage service, bank or financial institution. ClickPay is not acting as a real estate broker, brokerage service, Bank or Financial institution for or on behalf of landlord or any tenant in connection with the electronic payments made through use of the Payment Service. clickpay is a software aggregator and coordinator. Any action taken by ClickPay on behalf of landlord or any tenant is and shall be solely to provide the Payment Service to facilitate electronic payments by tenants to landlord. Except for fees paid to ClickPay by tenants in accordance with (A) this agreement and (B) THE tenant terms and conditions, all tenant payments are transmitted directly to an ach account at a service bank as provided in paragraph 4(b) without passing through any other ClickPay account. ClickPay will use all commercially reasonable efforts to comply with all laws applicable to the Payment Service, including privacy laws.
(ii) ClickPay has no authority to act on behalf of or bind LANDLORD or any TENANT. CLICKPAY has not maDE and does not make any representation of any kind to LANDLORD or any TENANT with regard to the obligations of LANDLORD to any TENANT, or any TENANT TO LANDLORD, under any LAW, lease, LICENsE, CONTRACT or otherwise.
(iii) ClickPay is responsible ONLY for processing the electronic payments that a TENANT initiates and is not and does not represent itself to be a collection agency. LANDLORD IS RESPONSIBLE FOR COMPUTING THE AMOUNTS DUE FROM ITS TENANTS, determining WHETHER PAYMENTS ARE TIMELY, AND FOR TAKING ANY ACTION TO collect amounts due from TENANTs. EACH TENANT IS responsible to ensure that TENANt’s PAYMENTS are received by LANDLORD in a timely MANNER according to the terms of TENANT’S lease or other AGREEMENT (IF ANY) WITH LANDLORD. Any dispute between LANDLORD AND ANY TENANT regarding any matter including, but not limited to, amount of payment, timing of payment, lack of payment, late-charges incurred, overdue rent and the like, shall be a matter exclusively between LANdLORD AND THAT TENANT. ClickPay is merely providing an electronic PAYMENT service to facilitate rent payments between LANDLORD and ITS TENANTS.
5. User I.D. and Password.
(a) Landlord shall create a user identification (“User I.D.”) and a password (“Password”) when completing the Registration Form of which this Agreement is a part, or by such other procedure adopted by ClickPay from time to time. Landlord’s choice and establishment of a User I.D. and Password is a precondition to use of the Payment Service. The Payment Service cannot be accessed and used without a User I.D. and Password. The Payment Service includes mechanisms which permit Landlord to change Landlord’s User I.D. and Password.
(b) Landlord is entirely responsible for maintaining the confidentiality of Landlord’s User I.D. and Password. Landlord is and shall be fully responsible for all activities occurring under Landlord’s User I.D. and Password. Landlord shall notify ClickPay immediately if Landlord suspects, detects or receives notice of any unauthorized use of Landlord’s User I.D and Password or any other breach of security with reference to use of the Payment Service by Landlord or any Tenant. In such event, Landlord is obligated to change Landlord’s User I.D. and Password immediately or discontinue the ability of the Tenant in question to use the Payment Service pending resolution of the unauthorized use or security breach. Landlord may not use any other Person’s User I.D. or Password at any time. Landlord may be held liable for losses incurred by ClickPay or any other Person arising from any Person other than Landlord using Landlord’s User I.D. or Password as a result of Landlord failing to keep that information secure and confidential. ClickPay cannot and will not be liable for any damage or loss arising from Landlord’s failure to meet its obligations under this Paragraph 5(b), or arising from unauthorized use of a Tenant’s User I.D. or Password, except in the case of gross negligence or intentional misconduct by ClickPay. Similarly, ClickPay shall not be responsible for unauthorized use of any Tenant’s Credit Card, Debit Card or Credit Card, Debit Card or other account information (including, but not limited to, Tenant’s name, billing address, Credit Card or Debit Card number, and Credit Card or Debit Card expiration date) by Landlord, Landlord’s vendors, employees or contractors, or any other Person unless Tenant’s Credit Card or Debit Card information was disclosed by ClickPay to such other Person through ClickPay’s gross negligence or willful misconduct.
6. Landlord To Provide All Information Required For Proper Use.
Landlord shall provide all information and execute all documents which ClickPay may require for proper use of the Payment Service by Landlord. Without limiting the general application of the preceding sentence:
(a) Prior to using the Payment Service, in addition to all other requirements, Landlord must provide information regarding Landlord, including but not limited to Landlord’s identity, accounts and authorized signatories, and register each Property, Unit and Tenant with ClickPay, by providing all information requested on the Account Opening Form and the Registration Form, or by such other procedures as ClickPay may employ from time to time (all such Landlord, Property, Unit, Tenant and other information being collectively referred to as “Registration Information”).
(b) If Landlord desires to afford Tenants the ability to make Credit Card Payments, Landlord shall enter into a Merchant Services Agreement with a Merchant Service Provider approved by ClickPay to enable the processing of Credit Card Payments. A MERCHANT SERVICES AGREEMENT IS AN AGREEMENT BETWEEN LANDLORD AND A MERCHANT SERVICES PROVIDER AND IS NOT AN AGREEMENT WITH CLICKPAY.
(c) Landlord authorizes ClickPay to share Registration Information submitted by Landlord with other Persons as needed for the purposes of establishing accounts for processing of ACH Payments, Credit Card Payments and Debit Card Payments.
(d) Landlord represents and agrees that all Registration Information which Landlord provides is true, accurate, current and complete. Landlord shall update and maintain all Registration Information so that it is true, accurate, current and complete at all times during the use of the Payment Service by Landlord and its Tenants. Landlord shall notify ClickPay promptly of any and all inaccuracies in or changes to the Registration Information. If Landlord provides Registration Information that is untrue, inaccurate, not current or incomplete, or if ClickPay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClickPay reserves the right terminate this Agreement and/or suspend Landlord’s and Landlord’s Tenants’ use of the Payment Service without notice. ClickPay shall in no event be liable for any claims, damages or liabilities of any kind which result, directly or indirectly, from Landlord’s failure to provide ClickPay with true, accurate, current and complete Registration Information.
THE PAYMENT SERVICE ONLY SERVES TO PROVIDE A MEDIUM THROUGH WHICH LANDLORD CAN COLLECT AND TENANTS CAN REMIT ELECTRONIC PAYMENTS OF RENT. THEREFORE, LANDLORD IS RESPONSIBLE FOR PROVIDING AND MAINTAINING COMPLETE AND ACCURATE REGISTRATION INFORMATION AS SET FORTH ABOVE, AND PROVIDING EACH TENANT WITH THE INFORMATION EACH TENANT NEEDS TO MAKE RENT PAYMENTS THROUGH THE PAYMENT SERVICE. CLICKPAY’S STAFF IS ON-CALL MONDAY THROUGH FRIDAY, FROM 9:00 A.M. TO 5:00 P.M. EASTERN TIME, AT 1-800-533-7901 OR AT SUPPORT@CLICKPAY.COM, TO ANSWER ANY QUESTIONS THAT LANDLORD OR A TENANT MAY HAVE REGARDING USE OF THE PAYMENT SERVICE.
7. Fees.
(a) ClickPay collects a fee for each Electronic Payment which is made by a Tenant to a Landlord (the “ClickPay Fee”). In addition, a fee is charged by the Merchant Services Provider pursuant to the Merchant Services Agreement for each Credit Card Payment (the “Merchant Services Fee”). The ClickPay Fee and the Merchant Services Fee are collectively referred to herein as the “Payment Fee”.
(b) All Payment Fees are set forth in the portions of the Account Opening Form.
(c) Landlord may elect to charge all or part of the applicable Payment Fee to each Tenant using the Payment Service. ClickPay shall cause all Payment Fees to be disclosed to each Tenant before the Tenant is able to submit an Electronic Payment.
(d) ClickPay follows the payment instructions authorized by Landlord in this Agreement. Landlord bears sole responsibility for insuring that the correct payment amounts are received from Tenants in a timely fashion. Notwithstanding any dispute which may arise based on non-disclosure of Payment Fees to a Tenant, ClickPay shall be entitled to the full Payment Fee for each Electronic Payment in respect of which there is a dispute. Landlord shall be liable for all: (i) Payment Fees due ClickPay from Landlord; (ii) amounts overpaid to Landlord due to a later reversal, refund, chargeback or other adjustment to prior Electronic Payment transactions; (iii) NSF Fees (as defined in Paragraph 7(e); and (iv) all other amounts owed by Landlord to ClickPay or any other Person under this Agreement or any other agreement.
(e) In the event that an Electronic Payment is returned, rejected or reversed due to Non-Sufficient Funds (“NSF”) or for any other reason(s), ClickPay will charge a fee (“NSF Fee”) that will not exceed Twenty Five and 00/100 Dollars ($25.00) for each such returned, rejected or reversed Electronic Payment. Landlord shall be responsible for all NSF Fees.
(f) If Landlord elects to pay all or a portion of the Payment Fees, Landlord shall permit ClickPay to deduct those Payment Fees from Landlord’s Account. Landlord authorizes ClickPay to debit Landlord’s Account, or to deduct from any Electronic Payment made by a Tenant using the Payment Service: (i) Payment Fees due ClickPay from Landlord; (ii) returns, rejections, reversals, refunds, chargebacks or other adjustments of or relating to any Electronic Payment; (iii) amounts overpaid to Landlord due to or arising from any Electronic Payment; (iv) NSF Fees; and (v) all other amounts owed by Landlord to ClickPay under this Agreement or any other agreement. Presently, ClickPay debits all Payment Fees due from Landlord for use of the Payment Service (excluding Payment Fees due from and paid by Tenants) from Landlord’s Account, on a monthly basis, at the end of each calendar month. ClickPay reserves the right to change this practice in ClickPay’s sole discretion.
(g) ClickPay reserves the right at any time to change and/or increase fees for access to the Payment Service or any part thereof on reasonable prior notice to Landlord and Landlord’s Tenants. ClickPay may terminate this Agreement and Landlord’s and Landlord’s Tenants’ use of the Payment Service based on refusal of consent to changes and/or increases in fees and charges.
(h) A payment initiated by a Tenant and received by ClickPay’s Service Bank shall be deemed to be held by the Service Bank for the benefit of and to remain the property of such Tenant until actually disbursed to Landlord and received in Landlord’s Account. All such funds shall be held in a single ACH account (the “Concentration Account”) at the Service Bank. Each Tenant’s payment funds shall be permitted to be commingled in the Concentration Account with funds remitted by other Tenants. ClickPay is not a bank, savings and loan or regulated financial institution, and neither Landlord nor any Tenant will receive any interest on payment amounts for time that elapses between the initiation of a payment by a Tenant and receipt of that payment by Landlord in Landlord’s Account. Landlord shall not have access to the Concentration Account. ClickPay represents and warrants that ClickPay shall not use any funds in the Concentration Account to make any payment for ClickPay’s own account, provided that ClickPay shall be entitled to any funds in the Concentration Account that represent Fees or other money due ClickPay. Nothing in this Paragraph 7(h) shall be construed to limit ClickPay’s rights or Landlord’s obligations set forth in Paragraph 7(f) or elsewhere in this Agreement affecting ClickPay’s ability to recover Fees.
8. Taxes. Landlord will pay all applicable taxes, including sales, use, income, personal property, value-added, excise or stamp taxes and duties and any other taxes and duties imposed by any and all Governmental Entities with respect to the transactions made through use of the Payment Service, including penalties and interest, but specifically excluding taxes based upon ClickPay’s income (collectively, “Taxes”). For the avoidance of doubt, ClickPay shall have no obligation, responsibility or liability for collection of sale, use, excise, income or other taxes with respect to Electronic Payments made through the Payment Service or satisfaction of any underlying Rent obligations thereby. If required by Laws, Landlord shall provide to ClickPay, promptly and without cost, all documentation requested or required by any Governmental Entity from ClickPay in connection with Electronic Payments to Landlord made through the Payment Service. ClickPay may suspend use of the Payment Service by Landlord and Landlord’s Tenants until Landlord has provided such documentation. Promptly upon request by ClickPay, Landlord will provide ClickPay with proof of payment of all Taxes.
9. Discontinuance of Service. If ClickPay ceases to exist or conduct business related to the Payment Service, this Agreement shall be deemed terminated without notice and without the need for signing of any other agreement, as if this Agreement had expired at the end of Term.
10. Intellectual Property.
(a) ClickPay and/or its licensors own and shall retain all proprietary rights in and to the Payment Service and the Website and all derivations and enhancements thereof, and all applications, software, documentation, content, and other materials that ClickPay may use or provide in connection with implementation and operation of the Payment Service and the Website. The Website and all site design, including, but not limited to, software, processes, text, content, photographs, video, audio, interfaces, graphics, trademarks, logos, sounds, music, artwork, and computer code and the selection and the arrangement thereof (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website and/or used in connection with the function of the Payment Service and/or the Website and all articles of information, policies and other elements making up the Payment Service and/or the Website are owned, controlled or licensed by or to ClickPay and are protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and Laws of the United States and other countries.
(b) Landlord does not acquire any right, title, or interest in the Payment Services or the Website, except for the limited right to use the Payment Service and the Website strictly in accordance with the provisions of this Agreement. Landlord shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Payment Service or the Website. Except as expressly provided in this Agreement, no part of the Payment Service or the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ClickPay’s express prior written consent.
11. General Limitations, Reservations and Restrictions.
(a) Landlord may not use the Payment Service or the Website to process Electronic Payments in connection with any illegal transaction or otherwise in violation of any Laws. Landlord shall comply with this Agreement and all applicable ClickPay policies and limits concerning use of the Payment Service and the Website, as updated by ClickPay from time to time, including without limitation: (i) ClickPay requirements for data security; and (ii) any operating rules and/or policies of the associations or networks that are used to process Electronic Payments.
(b) ClickPay has the right, in ClickPay’s sole discretion: (i) to change, suspend or discontinue the Payment Service or the Website, in whole or in part, to perform maintenance or updates to the Payment Service or Website; and (ii) to impose limits on certain features or restrict access to parts or all of the Payment Service or the Website, without notice and without liability, whenever deemed necessary by ClickPay to protect the integrity of the Payment Service and the Website or for any other reason. ClickPay may decline to process any payment in connection with, among other reasons, fraud prevention activities, applicable Laws, or ClickPay policies.
(c) ClickPay reserves the right to modify the features and functionality of the Payment Service and/or Website, at any time and from time to time, without notice; provided, however, that ClickPay will not modify the Payment Service or Website in a manner that would, as determined by ClickPay in its sole discretion, materially adversely affect the use of the Payment Service or Website, without providing at least ten (10) days prior notice to Landlord of any such modification (except in case of emergency).
12. DISCLAIMERS RELATING TO THE PAYMENT SERVICE AND WEBSITE.
CLICKPAY DOES NOT PROMISE THAT THE PAYMENT SERVICE OR THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE PAYMENT SERVICE OR THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT LANDLORD’S OR ITS TENANT’S USE OF THE PAYMENT SERVICE OR WEBSITE WILL PROVIDE SPECIFIC RESULTS. CLICKPAY MAKES NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE INTERNET OR ANY PORTION THEREOF (INCLUDING, BUT NOT LIMITED TO, THE “WORLD WIDE WEB”) OR ANY TELEPHONE SERVICE OR THAT ANY SERVICES ESTABLISHED THEREON WILL BE UNINTERRUPTED OR ERROR FREE. THE PAYMENT SERVICE AND THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED THROUGH THE PAYMENT SERVICE OR THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CLICKPAY CANNOT ENSURE THAT ANY FILES OR OTHER DATA LANDLORD IS PERMITTED TO DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CLICKPAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLICKPAY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY OTHER PERSON IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PAYMENT SERVICE AND WEBSITE AND/OR ANY OTHER CLICKPAY SERVICES. LANDLORD AND ITS TENANTS ASSUME TOTAL RESPONSIBILITY FOR THEIR USE OF THE PAYMENT SERVICE AND THE WEBSITE AND ANY LINKED SITES. LANDLORD’S AND LANDLORD’S TENANTS’ SOLE REMEDY AGAINST CLICKPAY FOR DISSATISFACTION WITH THE PAYMENT SERVICE AND THE WEBSITE OR ANY CONTENT IS TO STOP USING THE PAYMENT SERVICE AND THE WEBSITE. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES, WITHOUT WHICH, CLICKPAY WOULD NOT PERMIT USE OF THE PAYMENT SERVICE AND THE WEBSITE.
THE ABOVE DISCLAIMERS APPLY TO ALL DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY.
LANDLORD UNDERSTANDS THAT: (I) LANDLORD’S RENTALS OF PROPERTIES ARE TRANSACTIONS BETWEEN LANDLORD AND ITS TENANTS AND NOT WITH CLICKPAY; (II) CLICKPAY IS A THIRD-PARTY SERVICE PROVIDER FACILITATING ELECTRONIC PAYMENTS FOR LANDLORD AND IS NOT A PARTY TO ANY TRANSACTION; (III) CLICKPAY WILL NOT BE RESPONSIBLE FOR AND DOES NOT CONTROL IF A TENANT WILL MAKE ANY RENT PAYMENT; (IV) CLICKPAY IS NOT A BANK OR OTHER DEPOSITORY INSTITUTION; AND (V) FUNDS HELD BY CLICKPAY OR A CLICKPAY SUPPLIER (INCLUDING ANY SERVICE BANK) IN CONNECTION WITH THE PROCESSING OF ELECTRONIC PAYMENTS ARE NOT DEPOSIT OBLIGATIONS AND ARE NOT INSURED FOR THE BENEFIT OF LANDLORD BY ANY GOVERNMENTAL ENTITY.
13. DISCLAIMERS RELATING TO THE INTERNET AND OTHER SITES.
THE WEBSITE OR THIRD PARTIES MAY PROVIDE LINKS TO OTHER INTERNET RESOURSES, INCLUDING BUT NOT LIMITED TO WORLD WIDE WEB SITES OTHER THAN THE WEBSITE. CLICKPAY HAS NO CONTROL OVER SUCH WEB SITES AND RESOURCES. CLICKPAY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEB SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEB SITES OR RESOURCES. CLICKPAY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEB SITE OR RESOURCE.
14. LIMITATION OF LIABILITY.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CLICKPAY OR ANY CLICKPAY INDEMNIFIED PARTY BE LIABLE TO LANDLORD FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF CLICKPAY OR A CLICKPAY INDEMNIFIED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER DAMAGE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PAYMENT SERVICE OR THE WEBSITE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, CLICKPAY OR A CLICKPAY INDEMNIFIED PARTY IS FOUND TO BE LIABLE TO LANDLORD FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH LANDLORD’S OR LANDLORD’S TENANTS’ USE OF THE PAYMENT SERVICE OR THE WEBSITE, CLICKPAY’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY CLICKPAY FEES ACTUALLY RECEIVED BY CLICKPAY THROUGH THE USE OF THE PAYMENT SERVICE BY LANDLORD AND ITS TENANTS DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
15. Indemnification. Landlord shall defend, indemnify and hold harmless ClickPay, ClickPay’s parents, subsidiaries and affiliates, all ClickPay Suppliers and Participating Corporations (as defined in ClickPay’s Privacy Policy), and the respective shareholders, directors, officers, members, employees, agents and other representatives of ClickPay, ClickPay’s parents, subsidiaries and affiliates and all ClickPay Suppliers and Participating Corporations (collectively, “ClickPay Indemnified Parties”) from and against any and all claims, debts, demands, suits, causes of action, damages, losses, liabilities and costs, including but not limited to reasonable attorneys’ fees, arising out of, resulting from or related to: (a) disputes between Landlord and Landlord’s Tenants over Payment Fees and any and all other matters; (b) Landlord’s and Landlord’s Tenants’ use of the Payment Service and/or Website (c) any breach of or non-compliance with this Agreement by Landlord; and/or (d) Landlord’s violation of any Law or rights of any Person.
16. Miscellaneous.
(a) Marketing Communications. Landlord shall not use ClickPay’s name, trademark or service mark or the existence of the contractual relationship between the Parties in any press release, marketing, promotional, advertising or any other materials without ClickPay’s prior written consent, which may be granted or withheld in ClickPay’s sole discretion.
(b) Landlord Representations and Warranties. Landlord represents and warrants that: (i) this Agreement constitutes the legal, valid, and binding obligation of Landlord, enforceable against Landlord in accordance with its terms; (ii) Landlord has the absolute and unrestricted right, power, authority, and capacity to execute and deliver this Agreement and to perform Landlord’s obligations under this Agreement; (iii) Landlord has obtained any and all required consents (including, but not limited to, consents from Tenants) necessary to enter into and perform this Agreement; (iv) Landlord’s entry into this Agreement and use of the Payment Service and Website does not violate any Laws or any agreement to which Landlord or its parents, subsidiaries or affiliates are subject or by which any of them are bound; and (v) Landlord shall comply with all applicable Laws in connection with Landlord’s use of the Payment Service and Web Site.
(c) Modification; Amendment or Waiver. This Agreement may not be changed, amended, supplemented, or otherwise altered by Landlord except by a statement in writing signed by ClickPay. ClickPay shall have the right, in its sole discretion, to change, modify, or amend any portion of this Agreement at any time by posting notification on the Website or otherwise communicating the notification to Landlord. The changes will become effective thirty (30) days after such posting or delivery of such other communication, as applicable; provided, however, that if Landlord does not agree to such change it shall have the right to terminate this Agreement upon written notice to ClickPay delivered prior to the end of such thirty (30) day period.
(d) Entire Agreement. The Account Opening Form, the Registration Form and this Agreement contains the entire understanding and agreement between the Parties with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the Parties with respect to such subject matter.
(e) Notices. Except as otherwise provided in this Agreement, notices and other communications required or permitted under this Agreement will be in writing and will be deemed effectively delivered upon personal delivery, one (1) business day after deposit for overnight delivery, fees prepaid, with a nationally recognized overnight courier service, upon receipt by facsimile as confirmed by transmission receipt, or upon receipt or rejection if mailed, postage prepaid, by certified or registered mail, addressed to such Party at their addressees set forth (i) for ClickPay, on the Website and (ii) for Landlord, on the Registration Form. Any Party may change its address for such communications by giving an appropriate notice to the other Party as provided in this Paragraph 16(e).
(f) Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties, their successors and permitted assigns. ClickPay is permitted to assign this Agreement and its rights and obligations hereunder. Neither this Agreement nor any right, license, privilege or obligation provided herein may be assigned or transferred by Landlord without ClickPay’s prior written consent; any such attempted assignment or transfer without such consent shall be void.
(g) Governing Law; Consent to Jurisdiction. This Agreement shall be construed, performed and enforced in accordance with the internal laws of the State of New Jersey. Each Party to this Agreement hereby irrevocably and unconditionally consents to submit to the jurisdiction of the United States District Court for the District of New Jersey or the Superior Court of New Jersey, Bergen County, New Jersey for any actions, suits or proceedings arising out of or relating to this Agreement and the transactions contemplated hereby (and each Party agrees not to commence any action, suit or proceeding relating thereto except in such courts), and further agrees that service of any process, summons, notice or document in accordance with the Notice provisions herein shall be effective service of process for any action, suit or proceeding brought against such Party in any such court. Each Party irrevocably and unconditionally waives to the fullest extent permitted by applicable Laws (i) any and all rights to trial by jury and (ii) any objections such Party may now or hereafter have to the laying of venue or convenience of a forum designated by this paragraph.
(h) Headings. The Section and Paragraph headings in this Agreement are for convenience of reference only and shall not be deemed to alter or affect the meaning or interpretation of any provision hereof.
(i) Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid, but if any provision of this Agreement is held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not render invalid or unenforceable any other provision of this Agreement.
(j) No Third Party Beneficiaries. Except as otherwise specifically set forth herein, nothing in this Agreement will be construed as giving any Person, other than the Parties and their successors and permitted assigns, any right, remedy or claim under, or in respect of, this Agreement or any provision hereof.
(k) Interpretation. Except as otherwise provided or if the context otherwise requires, whenever used in this Agreement, (a) any noun or pronoun shall be deemed to include the plural and the singular, (b) the terms “include” and “including” shall be deemed to be followed by the phrase “without limitation,” (c) the word “or” shall be inclusive and not exclusive, (d) unless the context otherwise requires, all references to Sections and Paragraphs refer to Sections and Paragraphs of this Agreement, all references to particular Exhibits, Schedules or links refer to the Exhibits, Schedules and links attached to or imbedded in this Agreement, (e) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section, Paragraph or other subdivision, (f) any definition of or reference to any law, agreement, instrument or other document herein will be construed as referring to such law, agreement, instrument or other document as from time to time amended, supplemented or otherwise modified, and (g) any definition of or reference to any statute will be construed as referring also to any rules and regulations promulgated thereunder.
(l) No Waiver. The waiver by either Party of any right under this Agreement or the failure to perform or of a breach of any provision of this Agreement will not operate or be construed as a waiver of any other right hereunder or of any other breach or failure, whether of a similar nature or otherwise.
(m) Survival. All provisions of this Agreement (i) necessary to achieve the fundamental purposes of this Agreement, (ii) relating to privacy and data gathering and use, (iii) authorizing and/or requiring payment to ClickPay and/or the withdrawal or recovery of returns, reversals, refunds, chargebacks or other adjustments of Rent payments and (iv) containing indemnifications, disclaimers, liability limitations and other limitations and provisions affording protection to ClickPay and ClickPay Indemnified Parties, shall survive the for the expiration or sooner termination of this Agreement without limitation.
By entering into this Agreement, Landlord is agreeing to conduct transactions by electronic means.
The ClickPay Privacy Policy and E-SIGN and UETA Disclosure and Consent Agreement which follow, and all regulatory notices embedded in or to which links are provided on the Website, are incorporated in and made a part of this Agreement.
ClickPay Privacy Policy
DEFINITIONS
Capitalized terms used in this Privacy Policy have the meaning set forth in the Agreement or Terms and Conditions to which this Privacy Policy is attached, except the words “You” and “Your” refer to the particular Landlord or Tenant entering into or agreeing to the Agreement or Terms and Conditions. The words “users”, “ClickPay users”, “customers” and words of like import, mean Landlords and Tenants using the Payment Service and Website described in the Agreement or Terms and Conditions to which this Privacy Policy is attached.
GENERAL MATTERS
At ClickPay, protecting ClickPay’s users’ privacy and security is a top priority. For this reason, ClickPay has adopted the following policy to advise You of Your choices regarding the use of Your personal information online. This policy describes what types of information ClickPay gathers about You, how ClickPay uses that information, under what circumstances ClickPay discloses that information to third-parties, and Your rights to update or correct that information. This policy applies to ClickPay’s Website. It does not apply to other companies’ or organizations’ web sites to which ClickPay links. You should carefully review the privacy policies of those web sites in order to determine how they treat Your personal information.
INFORMATION ABOUT YOU
ClickPay gathers certain generic information with respect to customers’ use of ClickPay’s Website, such as the number of unique visitors, the frequency with which they visit, and the areas on the Website that they favor. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. ClickPay only uses this type of data in aggregate – that is, ClickPay looks at the data on a collective basis, in summary form, rather than on an individual basis. This data helps ClickPay determine the extent to which ClickPay’s customers use certain parts of ClickPay’s Website, which, in turn, enables ClickPay to make it as appealing as possible. ClickPay may also provide statistical “ratings” about how ClickPay’s customers collectively use ClickPay’s Website to advertisers, sponsors, and other companies with which ClickPay does business (“Participating Corporations”). ClickPay does this so they, too, can understand how often people use their areas of the Website in order for them to provide You with the best possible experience. These statistical ratings do not contain any personally identifiable information about You or any of Clickpay’s users.
ClickPay uses Your IP Address to help diagnose problems with Clickpay’s or Clickpay’s Suppliers servers, and to administer the Website.
ClickPay is expressly permitted to compile information relating to Tenants and the usage of the Payment Service and the Website. Such information includes, but is not limited to, volume and amount of Rent payment transactions. ClickPay is authorized to reproduce, license, sell and use such information, as ClickPay deems appropriate, provided that, except as is necessary to the processing of a payment or required by Laws, ClickPay shall not provide such information to any Person unless such information is aggregated and not individually identifiable to Landlord or any Tenant. Neither Landlord nor any Tenant shall be entitled to (i) notice of any such reproduction, licensing, sale or use or (ii) any information regarding the income, if any, derived by ClickPay therefrom
COOKIES
ClickPay uses a technology nicknamed “cookies” on ClickPay’s Website. Cookies are pieces of information or data sent to Your browser from a web server and stored on Your computer’s hard drive for record-keeping purposes. ClickPay uses cookies to make Your visit to ClickPay’s Website easier. For example, cookies allow ClickPay to recognize You when You re-enter ClickPay’s Website so that You will not have to sign-in each time You visit. Cookies also allow ClickPay to count the number of unique and return visitors who use ClickPay’s Website. Most browsers are initially set up to accept cookies. If You prefer, You can reset Your browser to notify You when You have received a cookie or, alternatively, to refuse to accept cookies. It is important to note that You may not be able to use certain features on ClickPay’s Website if You choose not to accept cookies. Cookies can also enable us to track and target the interests of ClickPay’s users to enhance their experience on ClickPay’s Website.
IP ADDRESSES
ClickPay collects and analyzes traffic on ClickPay’s Website by keeping track of the IP addresses of visitors to ClickPay’s Website. IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify You personally. However, when combined with other information provided by Your Internet Service Provider (ISP), Your IP address can be used to identify the computer originating a message.
MANDATORY COMMUNICATIONS
ClickPay reserves the right to communicate with You from time to time about important administrative, policy, legal, credit card, and billing matters, which will affect Your use of ClickPay’s Website, including without limitation any alleged violations of license agreements to which ClickPay is a party. Provision by Clickpay’s users of information necessary to direct these communications to them, and acceptance of such communications, are mandatory.
SECURITY; OTHER WEB SITES; LINKS
ClickPay has industry standard security measures in place to protect the loss, misuse and alteration of the information under ClickPay’s control. While there is no such thing as “perfect security” on the Internet, ClickPay will take all reasonable steps to insure the safety of Your personal information. ClickPay’s Website contains links to other web sites; ClickPay is not responsible for the privacy practices or the content of such websites.
CORRECTION AND UPDATE
ClickPay allows its users the option to change or modify information previously provided. This may be done through the methods described on the Website.
ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND CONSENT AGREEMENT
(“E DISCLOSURE AND CONSENT”)
This E Disclosure and Consent is provided in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act, as adopted by the various States.
Capitalized terms used in this E Disclosure and Consent have the meaning set forth in the Agreement or Terms and Conditions to which this E Disclosure and Consent is attached, except the words “You” and “Your” refer to the particular Landlord or Tenant entering into or agreeing to the Agreement or Terms and Conditions. The words “users”, “ClickPay users”, “customers” and words of like import, mean Landlords and Tenants using the Payment Service and Website described in the Agreement or Terms and Conditions to which this Privacy Policy is attached.
This disclosure relates to the Payment Service provided by ClickPay, including, without limitation, electronic fund transfers, the use of electronic signatures and the use and storage of “electronic records” as defined in the E-SIGN Act. This policy describes how ClickPay delivers communications to You electronically. ClickPay may amend this policy at any time by posting a revised version on the Website. The revised version will be effective when posted by ClickPay. If the revised version includes a substantial change, ClickPay will provide You with thirty (30) days’ prior notice by posting a notice of the change on the Website.
Electronic Delivery of Communications
By accepting the Terms and Conditions, You agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to Your use of the Payment Service or access to the Website (collectively, “Communications”). Communications include agreements and policies You agree to (for example, and not by way of limitation, the Terms and Conditions and Privacy Policy), including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Payment Service or the Website.
ClickPay will provide Communications to You by posting them on the Website and/or by emailing them to You at the primary email address designated by You in the Account Opening Form or Registration Form.
Hardware and Software Requirements
In order to access and retain electronic Communications, You will need the following computer hardware and software: a computer with an Internet connection; current “web browser” that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; Adobe Acrobat Reader version 8.0 and above to open documents in pdf format; a valid email address (the primary email address designated by You in the Account Opening Form or Registration Form); and sufficient storage space to save past Communications or an installed printer to print them.
ClickPay will notify You if there are any material changes to the hardware or software needed to receive electronic Communications from ClickPay. By giving Your consent, You are confirming that You have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Your records. You may print or save a copy of these Communications for Your records as they may not be accessible online at a later date.
How to Withdraw Your Consent
You have the right to withdraw Your consent at any time. To withdraw consent, You may send a written request (a) by regular mail to ClickPayServices, Inc., 467 Kinderkamack Road, Oradell, NJ 07649, (b) by email to support@clickpay.com or (c) through the Website. If consent is withdrawn, ClickPay reserves the right to discontinue Your use of the Payment Service and access to the Website, terminate Your account or charge You additional fees for paper copies.
Requesting Paper Copies of Electronic Communications
If, after You consent to receive Communications electronically, You would like a paper copy of a Communication ClickPay previously sent You, You may request a copy within one hundred eighty (180) days of the date ClickPay provided the Communication to You by contacting ClickPay as described above. ClickPay will send Your paper copy to You by U.S. mail. In order for ClickPay to send paper copies to You, You must have a current street address on file with ClickPay as Your primary mailing address. If You request paper copies, You understand and agree that ClickPay may charge You a Paper Communications Fee for each Communication at the current rate.
Updating Your Contact Information
You are responsible for keeping Your primary email address on file with ClickPay up to date so that ClickPay can communicate with You electronically. You understand and agree that if ClickPay sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your Internet service provider, or You are otherwise unable to receive electronic Communications, ClickPay still will be deemed to have provided the Communication to You.
If You use a spam filter or other technology that blocks or re-routes emails from senders not listed in Your email address book, You must add ClickPay to Your email address book so that You will be able to receive the Communications ClickPay sends to You.
You can update Your primary email address or street address at any time by sending the updated information to ClickPay (a) by regular mail to ClickPayServices, Inc., 467 Kinderkamack Road, Oradell, NJ 07649, (b) by email to support@clickpay.com or (c) through the Website. If Your email address becomes invalid such that electronic Communications sent to You by ClickPay are returned, ClickPay reserves the right to deem Your account to be inactive, and You will not be able to transact any activity until ClickPay receives a valid, working primary email address for You.