PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. YOUR USE OF THIS SITE AND, SEPARATELY, YOUR ENROLLMENT IN OUR SERVICES ARE ALL SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THE SITE OR YOUR ENROLLMENT CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, YOU SHOULD EXIT THIS SITE IMMEDIATELY AND NOT VISIT, BROWSE THE SITE OR ENROLL IN OUR SERVICES. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
The following are terms of a legal agreement (the "Agreement") between you (“Landlord” or “Tenant” or “you”) and RentTrack, LLC ("RentTrack", "we", or "us"), that sets forth the terms and conditions for your use of this website (the "Website"). The Website is owned and operated by RentTrack, LLC. This Website is being provided to you expressly subject to this Agreement. By accessing, browsing, and/or using this Website via any medium, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
We reserve the right to amend this Agreement, at our sole discretion, at any time and may notify you by sending you an email or by posting the updated terms on our website. You should check this Agreement periodically for changes. All changes shall be effective upon posting posting and shall supersede all previous versions. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
Last updated – September 25, 2017
RentTrack provides both online rental payment services and credit-related services for landlords, rental property owners, rental property managers (the "Landlords"), and their respective tenants (the "Tenants"). RentTrack's online rental payment services include, but are not limited to, electronic check, credit card, check scanning, pay-by-phone services, and pay-by-check services that enable monthly rent payments, recurring rent payments, and other fixed payments between Tenants and Landlords (the "Payment Services"). RentTrack may also offer these Payment Services to Tenants and Landlords through partners and affiliates. RentTrack's credit-relates services include, but are not limited to, Tenant and Landlord identity verification, Tenant credit criminal and eviction screening for Landlords, credit profile analysis and simulation for Tenants, credit score display and monitoring for Tenants, rent payment reporting to credit bureaus for Tenants, and full credit report purchase for Tenants (the "Credit Services").
RentTrack provides Tenants with the ability to report rent payments to credit bureaus (the "Reporting Services"). Tenant acknowledges that each bureau has unique approaches to rental payment data furnishing and reporting. Rental payments and delinquencies will be reported to TransUnion, Equifax, and Experian for any tenant who makes payments through RentTrack and who verifies their identity within RentTrack. In addition and if desired, tenant has the ability to "opt-out" of reporting immediately after they verify their identity. While RentTrack takes all commercially reasonable steps to report data correctly to the credit bureaus according to their methods and recommendations, RentTrack does not control the data at the bureaus and cannot guarantee the accuracy of the data on Tenant's credit report. Tenant understands that it may take up to six months for rental payment data to appear on credit bureau tradelines. If Tenant deems any payment data found on their credit report incorrect, RentTrack will assist Tenant in investigating the issue upon receipt of a written request from Tenant. In addition, Tenant may file a dispute with RentTrack or directly with the credit bureau, and we are obligated to respond to such a dispute under FCRA regulations.
Landlords acknowledge that they must report any outstanding balance at time of move-out or lease-end. Landlords also acknowledge that unless they record all rent payments in the Payment Services that were made through alternate means (i.e. paper check, cash), Tenant may not receive credit for these payments.
Landlords are eligible to use the Payment Services to collect rent and the Credit Services to verify Tenants' identity and screen Tenants' credit and background. Tenants are eligible to use the Payment Services in conjunction with a participating Landlord to pay rent and the Credit Services to view and monitor credit scores and profile data. Credit card, electronic check, paper check scanning, and pay-by-phone remittances, with the exception of some technology platform fees, are transferred directly from Tenant to Landlord. Both Tenant and Landlord will receive timely communication acknowledging payment initiation and settlement.
In addition to the services above, we may collect Tenant information, including but not limited to information retrieved such as credit score, credit profile data, or consumer entered or verified information such date of birth. Often, this data is collected merely to show the Tenant for education purposes or score monitoring products. This data is not shared with third parties in an identifiable manner. Based on this information, we may present Tenant with offers from associated affiliates (the "Prequalified Affiliate Offers"). These offers may be presented through a variety of communication channels, including but not limited to email (if Tenant has "opted in"), RentTrack Website ad placements, and telephone. RentTrack, at its discretion, and under separate agreement, may choose to share revenue from Affiliate Offers with Landlords.
RentTrack will receive Tenant's credit score from one or more credit bureaus. We may recalibrate this score to display a consistent score to our users. Our credit scores are not to be confused with FICO scores, Vantage scores, Empirica scores, Beacon scores, or any scores from TransUnion, Experian or Equifax, unless such scores are specifically labeled. All of our Scores may not be used to grant credit. They are for educational purposes only.
The Services and Affiliate Offers are not intended to provide any credit repair, legal, tax or financial advice. Tenant acknowledges that RentTrack is not a Credit Bureau and does not have direct influence over any aspect of credit, credit profiles, or how credit scores are calculated.
In order to provide the Services, RentTrack is legally obliged to employ reasonable authentication methods to verify the identity of Tenants and Landlords. In order to use the Services, you agree to: (i) provide information about yourself and any associated business that is true, accurate, and complete as prompted by the Service's sign up process and (ii) where applicable and appropriate, maintain and update your information to keep it true, accurate, and complete. In the event that you falsify information, or provide inaccurate, untrue, or incomplete information, RentTrack may, at its sole discretion, suspend or terminate your access to the Services and deny any future access to the Services. You may not use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this agreement.
As a Tenant, you will have the opportunity to set up and review one-time or periodic rental payments through our Payment Services. You may set up a maximum of two (2) payments per month, at a maximum of $5000 USD per payment. When doing so, you authorize RentTrack's payment processor to electronically debit the checking account, debit card or credit card provided for the amount of the rent you specify, and when setting up periodic rental payments, for the frequency you specify on behalf of your Landlord. You also authorize RentTrack to charge a technology platform fee for processing payments where applicable. Any technology platform fees will be stated on the payment initiation form and payment review page. If this rent payment is dishonored or returned for any reason, you authorize an additional debit to the payment account you provide for $25 or the maximum amount allowed by state law, whichever is greater. For payments you believe were improperly made, RentTrack may, in its sole discretion, void, rescind, or issue a credit for your rent payment made through the Payment Services at any time prior to the remittance of payment to your Landlord. You waive the right to cancel credit card payments that have been cleared through our Payment Services.
RentTrack reserves the right to not accept a payment, or cancel recurring payments from any payment account(s) that have had one (1) or more failed, canceled, returned or other unsuccessful transaction. In the event, you the Tenant, attempt to make a payment on a blocked account you will be notified of your invalid payment account status. As a Tenant, you will also be notified by RentTrack if any active scheduled or recurring payments were canceled from a payment account due to one (or) more previous unsuccessful transactions.
As a Landlord, RentTrack can facilitate the creation of a merchant account for you so you can collect electronic check and credit card payments directly to your bank account. RentTrack will also provide reporting of payment acceptance and processing to the Landlord, including payment details and summaries. While RentTrack will retain proper records and use address verification services for each transaction, Landlord is also required to retain, for not less than two (2) years, original invoices, receipts, and bank statements related to the collection of rent from Tenants. In the unlikely event of a chargeback (credit card) or not-sufficient funds (electronic check) notice, your bank account will be immediately debited for the amount disputed or deemed not available.
All charges made through the Service are facilitated through our third-party payment processing services. As a condition of RentTrack enabling payment processing services through our third-party payment processor, you agree to provide RentTrack accurate and complete information, and you authorize RentTrack to share transaction information related to your use of the payment processing services provided by our payment processor. RentTrack may replace its third-party payment processing services without notice to you.
Payments initiated through RentTrack Payment Services may take several days to clear or be fully executed. For this reason, your credit card will be charged, your debit card will be debited or an Electronic Fund Transfer ("EFT") will be initiated as set forth on the payment confirmation page when you complete your payment information, which may be up to three (3) Business Days prior to the mailing date or direct deposit date of your payment. YOU MUST HAVE FUNDS AVAILABLE (IN THE CASE OF EFT PAYMENTS) OR CREDIT AVAILABILITY (IN THE CASE OF CREDIT CARD PAYMENTS) ON THE DATE THAT THE PAYMENT WILL BE WITHDRAWN OR PROCESSED AS PROVIDED ON THE PAYMENT CONFIRMATION PAGE THAT YOU RECEIVE UPON SCHEDULING A PAYMENT. Due to regulatory and risk concerns, we reserve the right to refuse to pay any payee whom you may designate for a payment. We will attempt to notify you promptly if we decide to refuse to pay a payee you have designated. This notification is not required if you undertake any Restricted Activity.
YOU, THE TENANT, ARE ULTIMATELY RESPONSIBLE FOR MAKING SURE YOUR PAYMENT GOES THROUGH. We advise you to log in on the day of your payment to double check that the payment is PAID. If you have emails enabled, we will also send you an email receipt when we execute the payment. We cannot be held responsible for late fees or missed payments due to any perceived usability issues, user interface misunderstandings, or other similar misgivings.
Ownership of Funds
RentTrack will issue a full refund when both the Tenant and Landlord approve of the refund. RentTrack does not support partial refunds. RentTrack will honor refunds for up to 30 days after payments are initiated. Refunds requested after the 30 day period will need to be addressed outside of RentTrack directly between the Tenant and Landlord. If both parties do not agree on the refund amount and timing, please see RentTrack's Dispute Policy.
If a dispute arises after payment is remitted to Landlord, or in the event the Tenant rescinds payment before remittance, or in the event of a chargeback or not-sufficient funds (NSF), the responsibility to settle the dispute rests with the Tenant and Landlord. In the event that the Landlord refuses to accept the payment, your payment liability to such Landlord may remain outstanding and unpaid and may be subject to penalties, late fees, interest charges, and possible eviction as assessed by the Landlord, all of which remain your responsibility. RentTrack and our payment processors cannot be held liable for delivering rent payments in dispute, or in not delivering rent payments where funds are refused, insufficient or charged back to the originating credit card.
Please print this agreement before reviewing and initiating any payments within the Site. To revoke authorization for periodic payments, please stop these payments within the Site, or contact RentTrack customer service at firstname.lastname@example.org or 866-841-9090.
Agent of the Payee
Through RentTrack's Payment Services, you may use any payment method accepted by RentTrack to make a rent payment to your Landlord. You acknowledge and agree that, with respect to any payment transaction initiated through RentTrack, RentTrack is acting on behalf of the payee and not as your agent. Except as otherwise provided herein, you shall have no ability to cancel any initiated transaction, and, once you initiate payment, those funds will be handled at the direction of the payee (Landlord).
In addition, how those funds are applied is also at the discretion of the payee (Landlord or Property Manager). For example, if you tell us that some portion of your payment was rent so that we might report that amount to the credit bureaus, this does not mean that the payee will apply any payment to rent charges first. You may have other outstanding charges that are greater than your payment amount resulting in all funds being applied to non-rent charges. Therefore, you may still be evicted for insufficient payments made to cover all of your outstanding charges including rent and other balances, and RentTrack cannot be held liable for this. It is your responsibility to understand your latest charges and balance before making a payment on RentTrack, and what the ramifications may be if you make only a partial payment.
Some of the services mentioned in this agreement may only be available for a fee. You will only be charged for fee-based services after we obtain your consent to pay such fees. We reserve the right to change fees for access to these Services, or to change what features and Services are available at different fee levels, at any time. You shall pay all fees incurred through your use of the Services at the rates in effect for the billing period in which such Services are delivered.
As a Tenant, you may have the opportunity to purchase additional Credit Services beyond the free Services we provide. These additional services are not related to the Prequalified Affiliate Offers, and may display different credit information than we use for the Prequalified Affiliate Offers.
You are entitled to a full refund of a credit report or credit service purchase if the data presented by our Credit Services is incorrect and does not match what is on file at TransUnion or in your TransUnion credit report retrieved through AnnualCreditReport.com. You acknowledge that we may display different scoring models than other sites, and scores and score history may not perfectly match those found on other sites.
Either your or RentTrack may cancel use of the Payment Services with or without cause at any time. Alternative methods to pay and receive rent must be available before cancellation. RentTrack cannot be held liable for missed rent payments as a result of Payment Services cancellation. You may cancel the service by calling 866-841-9090 or by emailing email@example.com. You will remain liable for all outstanding payments and fees due at the time of cancellation, and RentTrack may, at its discretion, initiate any final transactions to cover outstanding payments and fees upon cancellation.
At the time that you verify your identity, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement):
You understand that by enrolling in RentTrack services, you are providing 'written instructions' to RentTrack, LLC under the Fair Credit Reporting Act authorizing RentTrack, LLC to obtain information from your personal credit profile or other information from Experian, TransUnion, or Equifax. You authorize RentTrack, LLC to obtain such information to verify your identity, provide you with your score and aggregated credit information, and to enable rent reporting to Experian, TransUnion, and Equifax. You may opt-out of rent reporting at any time by logging into your account and changing your settings.
Note that RentTrack, LLC does not extend credit to residents. The landlord or property manager has already extended credit by nature of signing a lease with the resident. RentTrack merely reports on the status of that lease. If we are unable to verify the identity of all parties involved in a transaction, RentTrack reserves the right to deny use of our product in accordance to KYC (Know Your Customer) and AML (Anti Money Laundering) payment processing regulations, or for any fair reason that we may deem will materially affect the business. However, at no time should this service denial be misconstrued as denial of credit.
NONE OF RENTTRACK, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "RENTTRACK PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND RENTTRACK DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. WITH RESPECT TO THE SERVICES YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT RENTTRACK IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE CREDIT REPORTING AGENCIES (EXPERIAN, EQUIFAX, TRANSUNION) ACTUALLY FURNISHING THE CREDIT PROFILES AND SCORES AT ISSUE AND BETWEEN YOU AND THIRD-PARTY SITES (IN THE CASE OF THIRD PARTY PRODUCTS AND SERVICES); THEREFORE, THE RENTTRACK PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT PROFILES AND SCORES OR FOR THE CONTENT, AVAILABILITY, OR LEGALITY OF ANY OF THE PRODUCTS AND SERVICES MADE BY THE THIRD-PARTY SITES.
THIS SITE AND ALL OF THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE, CONTENT OR SERVICES. THE RENTTRACK PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY INFORMATION THAT YOU PROVIDE TO THE WEBSITE WILL BE SECURE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
RENTTRACK MAY DISCONTINUE OR MAKE CHANGES IN THE SITE, THE CONTENT, AND/OR THE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE RENTTRACK PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. RENTTRACK RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL THE RENTTRACK PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SITE, THE CONTENT, THE SERVICES, OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE RENTTRACK PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE RENTTRACK PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE CONTENT, AND/OR THE PRODUCTS IS TO STOP USING THE SITE AND TO NOTIFY US THAT YOU NO LONGER DESIRE TO RECEIVE THE PRODUCTS. IF YOUR USE OF THIS SITE, THE CONTENT, AND/OR THE PRODUCTS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, YOU AGREE THAT THE RENTTRACK PARTIESÕ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
RentTrack has no obligation to monitor the Site; however, you acknowledge and agree that RentTrack has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
RentTrack uses best-practice security measures as defined by PCI Data Security Standards, as well as third-party verification and encryptions services (McAfee, Verisign, etc.), to protect your privacy and safeguard your information. Because we use these security measures, we may not always be able to successfully provide our Services to you, so we do not guarantee or warrant that we will be able to provide any such Services to you, even if you enroll for such Services.
RentTrack may use your personal information to the extent necessary to provide Services. To enroll and use the Site and Services you must have an email address, a modern Java-script compatible browser, and enable cookies.
This Agreement shall be subject to and construed under the laws of the State of California, without reference to the conflicts of law provisions thereof. Exclusive venue shall be Santa Barbara County, California.
You understand and agree that all claims, disagreements, disputes or controversies between you and RentTrack, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, whether they arise from your use of this Website or from any other aspect of your relationship with RentTrack, shall be resolved by final and binding arbitration before JAMS (Judicial Arbitration and Mediation Service) in Santa Barbara, in accordance with JAMS’ commercial arbitration rules in effect at the time the proceedings begin. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The parties voluntarily and knowingly waive any right they have to a jury trial.
Landlords agree that RentTrack is sole, exclusive provider of provided "Services". Landlords agree to pay The RentTrack Fees as outlined during enrollment for Services. RentTrack invoices Landlords monthly for the previous months activity and payment is due upon receipt. All amounts not paid within 30 days from invoice date shall be assessed a 1.5% monthly finance charge. All discrepancies must be brought to RentTrack's attention within 30 Days via phone, email, or fax. All late fees, collection costs, and attorney's fees may be added to past due accounts.
If any provision of this Agreement is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
This Agreement is effective until terminated by either you or RentTrack as set out below.
If you want to terminate your legal Agreement with RentTrack, you may do so by (a) notifying RentTrack at any time by sending an email to firstname.lastname@example.org with the subject "Termination of Service" and (b) opting out in the My Account-Remove Authorization section in my.renttrack.com and (c) by stopping and periodic or recurring payments. Upon any termination of this Agreement, you shall promptly discontinue use of the Site and the Services and your right to access and use the Site and Services will terminate immediately.
RentTrack may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site, the Content, and/or the Services at any time, with or without cause, in RentTrack's absolute discretion and without notice.
The following provisions of this Agreement shall survive termination of your use or access to the Site: Disclaimer of Warranties, Limitation of Liability, Submissions Through the Website, Specific Consents, Granted by Your Enrollment, Trademarks, Governing Law and Dispute Resolution, Waiver, Indemnification, General Provisions, and any other provision that by its terms survives termination of your use or access to the Site, the Content, and/or the Services.
RentTrack will maintain the most basic personal information (email address) to enable future activation or use of Site, the Content, and/or the Services in the event you terminated the Agreement.
Failure by RentTrack to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
This Agreement constitutes the entire agreement between RentTrack and you in connection with your use of the Site, Content and the Services, and supersedes any prior versions of the Terms of Service, if applicable. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.
As a property manager utilizing our online leasing product, you agree to the Stripe Connected Account Agreement.
If you have questions regarding this Agreement or the practices of RentTrack, please contact us by email at email@example.com or by US Mail at RentTrack, 4601 Excelsior Blvd., Suite 503, St. Louis Park, MN 55416.