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Resident Usage Agreement
The PayClix.com website, owned and operated by The Clix Group, LLC, facilitates the payment of rents and related rental charges to landlords and/or landlords' agents (Landlord) via electronic funds transfers using electronic checks. By use of the PayClix.com website, Resident agrees to the following terms and conditions:

  1. Resident authorizes The Clix Group, LLC to debit Resident's bank account for the rent payment offered by Resident and the specified Clix Group convenience fee. In addition, Resident authorizes The Clix Group to contact Landlord via email with Resident's name, address, apartment project, payment date, Resident email address, comments, and payment amount. Resident authorizes The Clix Group to maintain a twenty-four month history of Resident's transactions, and such transaction history shall be available for review by Resident at all times. The Clix Group will not divulge Resident's personally identifiable information, banking information, or payment history to Landlord or anyone else except the financial institutions required for making the payment, unless compelled by a court of competent jurisdiction.

  2. Once any charge has been processed to a Resident's bank account, the Resident shall not request its bank to reverse the charge or charge it back to PayClix. If the Resident has a legitimate basis to request a credit for a charge previously processed against its bank, Resident shall request a credit from Landlord and resolve the issue directly with Landlord. Landlord will initiate any approved reversal of amounts previously charged to Resident. The policy of PayClix is that all transactions are final and that fees charged by PayClix for its services will not be refunded or credited to a Resident's account.

  3. Resident understands and agrees that although Resident has offered Landlord the payment of rent, the obligation of Resident to pay the required rent is not satisfied until Landlord accepts the offer of payment by notifying The Clix Group. As part of a separate agreement governing The Clix Group's processing arrangement with the Landlord, the Landlord has agreed that the effective date of Resident's payment shall be the date processed by The Clix Group, not the date accepted by Landlord. If a payment offer is rejected by Landlord for any reason, the payment transaction will be reversed, and the payment amount, less any convenience charge paid to The Clix Group, shall be credited back to Resident's checking account.

  4. Resident accepts responsibility and liability for offering the proper amount due to Landlord, understanding that an insufficient payment offer may result in the refusal by Landlord to accept the payment, and consequently Resident may incur additional late fees and/or penalties. In the event Resident offers an excess payment to Landlord, and the excess payment is accepted by Landlord, Resident agrees that The Clix Group has no responsibility to refund the excess. Resident must communicate directly with Landlord to receive a refund or credit.

  5. Resident accepts responsibility and liability for entering the correct transaction information, including but not necessarily limited to, bank account, payment amount, apartment project, and payment due date, and is solely responsible for maintaining its currency and correctness. If a submitted transaction fails to process because resident enters an incorrect routing or bank account number, a $5.00 Clix Group fee will be assessed to the resident's Landlord. Your Landlord may choose to add their own fees/penalties to any returned item. For details on returned payment fees and penalties contact your Landlord.

  6. Resident accepts responsibility and liability for any and all bank and The Clix Group charges assessed by The Clix Group or Resident's bank for authorizing payments in excess of available funds in Resident's bank account (eg NSF charges) or entering invalid routing or account information. If a submitted transaction is returned due to insufficient funds, a $25.00 Clix Group fee will be assessed to the resident's Landlord. Your Landlord may choose to add their own fees/penalties to any returned item. For details on returned payment fees and penalties contact your Landlord.

  7. If approved by Resident upon initial registration, Resident authorizes The Clix Group to retain relevant banking information to facilitate making recurring payments or subsequent non-recurring payments.

  8. Resident understands and agrees that The Clix Group is acting solely as an agent for Resident in offering Resident's rent payments to Landlord. The Clix Group specifically disclaims any agency relationship with the Landlord, and The Clix Group has no responsibility to perform any act except notifying the Landlord of the payment and amount, and then transferring that amount to Landlord for credit to Resident's account if accepted by Landlord, or reversing the transaction as described above.

  9. Resident understands and agrees that The Clix Group shall not be responsible, nor have any liability to Resident, if a bank refuses to make an electronic funds transfer.

  10. Resident agrees to promptly notify The Clix Group of a change of email address, if any, by Resident and may do so at any time by updating their online Resident profile.

  11. Resident agrees that Resident's sole and exclusive remedy for the failure of any payment due to the negligence of The Clix Group or inability of The Clix Group to complete the payment is a refund of the convenience fee for that payment. Resident agrees that The Clix Group, LLC (and its officers, employees, parent, subsidiaries and affiliates) shall not be responsible for any direct, indirect, special, consequential, incidental, or punitive damages of any sort arising from any theory of law.

  12. Recurring payments authorized by Resident will be processed by The Clix Group on the date, and in the amount, specified by Resident. Resident accepts responsibility and liability for notifying The Clix Group of any change in the amount to be paid, the day of the month to be paid, early end of tenancy or change in bank account information. For a change to be effective, it must be made no later than midnight, Pacific Time, on the day prior to the date of scheduled payment. Changes made after that time will become effective with the next scheduled payment.

  13. Resident acknowledges that he/she is 18 years of age or older, and agrees that Resident has the legal authority to enter into this agreement and affirms that the information provided is correct and complete.

  14. Resident agrees that any dispute caused by the use of The Clix Group's services shall be subject to the jurisdiction of the state or federal courts in Portland, Oregon, applying Oregon laws.

  15. Notices required by this agreement shall be sent to Resident's email address if one is on file, otherwise by first class mail to Resident's apartment address.

  16. The Clix Group will not be responsible for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

  17. This agreement shall remain in effect for all subsequent transactions authorized by resident.

  18. All Resident banking information will be deleted after a period of non-use by Resident of one year. All Resident transaction history will be deleted after two years.

  19. The terms of this agreement are subject to change at any time. Changes made to this agreement will be posted on the PayClix.com website.

 

   
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