Billing Concierge

Last Updated: April 17, 2024

User Agreement

These Online Terms of Use (the "Terms") apply to this Website, the cloud-based data exchange for system software integration and automated data processing (the "Platform"), and custom web application and service software (each an "Application," and together with the Platform, the "SaaS"), offered by Pay Ready, Inc. ("Pay Ready, Inc.") (Collectively, the "Site"). These Terms are a binding legal agreement between you and Pay Ready that govern your use of the Site regardless of whether or not you are a registered user or browse the Site as a visitor, including through a bot or other automated means, where "you," "your," or "user" refers to the person accessing or using the Site, or the entity you represent. When used in the Terms, "Pay Ready" "we," "our," or "us," refers to Pay Ready, Inc.

Please read the Terms carefully. By accessing the Site you represent and warrant that you are at least eighteen (18) years of age and you agree to be bound by the Terms. If you do not agree to the Terms, you must cease using the Site. If you are entering the Terms for a company, organization, or other legal entity, you warrant that you have the authority to bind that entity, as well as all users who will have access to your Pay Ready, Inc. Account in the Site, to all of the Terms. If you don't have that authority or are not sure if you have that authority, you may not enter into the Terms and you may not use the Site.

Our obligations with respect to Client Data (which is data collected and controlled by our Clients and Agents, if any - hereinafter, "Clients") are governed by: our Client agreements, Clients' own lease and vendor agreements, and Clients' Privacy Policies and web site Terms of Use, as applicable. Our traditional Clients are residential real estate property owners and property managers. We are a Service Provider that processes Client Data under the instructions of our Clients and generally has no direct relationship with the individuals to whom our Clients' Client Data may pertain. If you have any questions about the practices of a Client that uses Client Billing to process your personal information, please contact that Client directly.

We maintain other terms and policies that supplement these Terms, like our Privacy Policy, which describes our collection and use of certain information. Unless expressly stated otherwise, these Terms apply to all the SaaS offered by Pay Ready, Inc. You agree that the Terms applicable to your use of the SaaS take effect to the earlier of when you execute a Cloud Subscription and License Agreement, you click an "I Accept" button or checkbox presented with these terms, or when you use any of the SaaS (the "Effective Date").

By accessing the Site, you consent to the collection and use of certain information, as specified in the Notice of Privacy Policy.

Pay Ready reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. On condition that youAs long as you comply with these Terms, Pay Ready grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Payment Authorization. By accessing and using this Site, you authorize us to (a) establish and maintain your payment information and (b) process your payments according to your instructions. We will use our reasonable commercial efforts to apply all your payments in accordance with your instructions. However, we shall incur no liability if we are unable to complete any payments initiated by you (including, without limitation, because of the existence of any one or more of the following circumstances: (i) your payment account contains insufficient funds to complete the transaction, (ii) the Site is not working properly and you know or have been advised by us about the malfunction before you execute the transaction, (iii) you have provided us with incorrect payment account information, (iv) we have been provided incorrect information by the individual or entity to whom you are making the payment, or (v) circumstances beyond our control).
Types of Payments and Payees. Payments that you authorize will be made from a bank account or other payment account that you designate. It is your sole responsibility to establish and maintain the payment account and to pay any and all fees associated with the payment account.

"Merchant" means the owner, property, property management company, and/or other business to which you are making a payment, and which is accepting your payment.
"Principal Payment" means the payment you are making to the Merchant for an obligation you owe to the Merchant (for example, rent, lease charges, a security deposit, an application fee, or other payment obligation). The Principal Payment is an amount you are paying the Merchant and is separate from any Fees paid to us.

Fees. "Fees" mean any convenience or other fees charged by us to you for providing the value-added SaaS as described herein when and where authorized by lease or permitted by law. As it relates to any payment processing SaaS, the Fees are separate from the amount of any Principal Payment and are for the SaaS provided by us on behalf of the Merchant, which is separate from the services provided to you by the Merchant directly. Fees are not surcharges. Additional disclosures regarding Fees are given within your Pay Ready, Inc. Account preceding checkout. Prior to the completion of the transaction, you will have the opportunity to cancel the transaction and avoid paying the fee if another designated payment method is chosen. Fees will be included as a part of the total amount of the transaction, and not put through interchange as a separate transaction. Where payment through our platform on your account is returned or charged back to us due to insufficient funds or account misuse involving your account, we reserve the right to charge you for all insufficient funds' fees and related reasonable resolution and recovery costs we incur.
Timing. By using this Site, you are authorizing us to charge the payment account you designate and to remit funds on your behalf. It is your responsibility to initiate payments in a timely manner, so that the funds will arrive on or before the date they are due. It is also your duty to notify us if a payment has not been applied in accordance with your instructions.
Permitted Use. You agree to use this Site solely to pay legal obligations on your behalf or on behalf of another (see PAYMENTS FOR OTHERS). You agree to use this Site in strict compliance with applicable law. We ask you to treat our Website with respect and not to use the site or our products or services for any illegal purpose or in such a way as to infringe or breach other's rights or to cause or threaten to cause us damage. We also ask you to comply with any relevant notices, policies, and terms imposed by third parties whose Website, products, or services you access through our site. We reserve the right to suspend the use of our site generally or block your access to any part of the site and/or to suspend or terminate your rights to use the site or any part of it if we suspect misuse. We shall then report any misuse of our site to the relevant enforcement or other authorities and to our advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.
Payments for Others. If you are making a payment to satisfy the obligation of another person, you represent and warrant that you have been authorized by such other person to make a payment on his or her behalf.
Refund Policy. All transactions made are final. Under certain circumstances, a transaction may be reviewed.

You can request a refund through Pay Ready, Inc. for a payment processed through your Pay Ready, Inc. Account if the payment is still processing to the Merchant and not yet settled to the Merchant account. Once the funds have settled to the Merchant's deposit account, you must request a refund directly through the Merchant. All transaction cancellations or refunds through Pay Ready, Inc. must be requested by emailing support@payready.com. The request must include the transaction number and amount to be refunded. If you do not have a Pay Ready, Inc. Account, the refund request must be submitted to the Merchant for processing. Refund requests through Pay Ready, Inc. are fulfilled only during business hours. Any applicable Fees and NSF fees charged by Company will not be refunded.
If you believe there has been an error or your transaction was applied incorrectly, please contact us at support@payready.com.

Amendments. We may modify these terms and conditions from time to time without notice. The terms and conditions in effect at the time you use this Site are the terms and conditions that govern your use.
Intellectual Property and Marks. As between you and us, we own all rights, titles, and interests in and to the Site, including all related technology, trademarks, and other intellectual property rights. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us shall be considered an uncompensated contribution of intellectual property and also be deemed our exclusive intellectual property. By submitting any such materials to us, you grant to us a perpetual, royalty-free irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and grants of rights. You expressly agree not to (a) copy, modify, adapt, translate, publish, port, display, license, sublicense, rent, lend, lease, loan, sell, resell, assign, transfer, distribute, make derivative works (including, without limitation, improvements, enhancements, revisions or modifications) of, or otherwise transfer or assign any right to the Site; (b) decompile, disassemble, reverse engineer or otherwise attempt to identify, reconstruct, derive or discover the source code (or the underlying ideas, user interface techniques, algorithms, structure or organization) of the Site; (c) remove any copyright, trademark, patent or other proprietary notices from the Site; (d) use the Site for any purpose other than as expressly authorized herein; or (e) challenge the validity of the copyright or any other rights of the Site, or title or interest thereto. Pay Ready, Inc. owns various trademarks and registered trademarks ("the marks", a list of which can be obtained from us. You may not use those marks and any third-party trademarks that appear on this Website other than as permitted by express written license from Pay Ready, Inc. or by law. In particular, but without limitation, you may not use the marks as meta-tags, nor may you sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to Pay Ready, Inc. Please notify us immediately if you become aware of any infringement of the marks.
Third-Party Sites. Links to this Website are permitted, subject to first obtaining our prior written consent, although we reserve the right to withdraw such consent at any time. Links must only be made to the home page of this Website, and you are not entitled (nor shall you assist others) to set up links from your own Website to this Website by deep-linking, framing, or otherwise, without our prior written consent. Such consent may be withheld at our absolute discretion and without the need to provide a reason. This Website includes links that allow you to leave this Website and visit third-party sites. We have no control over and are not responsible for the content, use by you, or availability of those third-party Websites for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party. The products, services, and Websites of third-party providers made available via this Website are owned and operated by independent organizations. While we may co-brand these products or services with our own, we do not endorse those products or services or warrant the accuracy or reliability of any information provided to you by such thrid parties. In particular, we do not warrant or guarantee that you will be satisfied with the products and/or services supplied by third parties, and you should make whatever inquiries you feel are necessary before proceeding with any such transactions.
Disclaimers. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE SITE, THE SERVICE, OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THIS SITE OR THESE SERVICES. IF WE LEARN OR YOU INFORM US THAT WE HAVE MADE A MISTAKE IN APPLYING YOUR PAYMENT, WE WILL TAKE ONE OF THE FOLLOWING ACTIONS, AT OUR SOLE DISCRETION: (i) IF YOU HAVE PAID A FEE TO ACCESS THIS SITE, WE WILL REFUND THE FEE TO YOU; OR (ii) WE WILL REAPPLY THE PAYMENT IN ACCORDANCE WITH YOUR ORIGINAL INSTRUCTIONS. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
Indemnification. You shall defend and indemnify us against any damages we may suffer from your failure to strictly comply with all of these Terms.
Miscellaneous.

Consent to Jurisdiction. By using this Site, both you and we submit to the exclusive jurisdiction of the federal and state courts located in Orange County, California for the purposes of any lawsuit filed by you or us. If you or we wish to file a lawsuit or other legal action, you or we must do so in a state or federal court in Orange County, California. You hereby waive any objection to these terms. If any legal action or any arbitration or other proceeding is brought in connection with these Terms and your use of the Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled. YOU AND WE ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU AND WE IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS, THIS SITE OR THE SERVICES.
General. These Terms: (i) contain the entire agreement between you and us with respect to the Site; It supersedes all oral agreements and all prior written agreements; (ii) are governed by, and will be construed and enforced in accordance with, the laws of the State of California without giving effect to any conflict of laws rules; and (iii) are binding upon, and will insure to the benefit of, the parties and their respective successors and permitted assigns. You may not assign your rights or delegate your obligations hereunder to any third party. Any waiver of any breach or violation of any provision of these Terms will not operate as, or be construed to be, a waiver of any subsequent breach or violation hereof. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extend such prohibition or unenforceability without invalidating the remaining petitions hereof or affecting gate validity or enforceability of such provision in any other jurisdictions.
Equitable Relief. You acknowledge and agree that you or we may be irreparably damaged in the event that the Terms are not performed as required herein and that monetary damages alone may not be a sufficient remedy for such non-performance. Accordingly, you and we agree that equitable and fair relief may be appropriate and may include an order requiring you or us to cease engaging in a specific act, or it may require that you or we take specific action. In this event, neither you nor we will be required to post a bond or other security or to prove actual damage or harm. Equitable relief shall not be deemed to be an exclusive remedy but shall be in addition to all other available remedies.
Notices. You agree that we may provide notices to you by using one or more of the following methods: Posting them on this Site, Emailing them to an email address that you have provided, Sending them via text message to a mobile number you have provided; Or by mailing them to a postal address that you have provided. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by U.S. mail, which shall be deed received by you no later than five (5) calendar days after it is mailed. You may provide notice to us at support@payready.com Notices sent to us will be deemed received upon our receipt of such notices.

Registration, Communications Notice, and Consent.

We may require you to register before we supply any non-chargeable services via this Website. When you register, you agree to provide true, accurate, up-to-date, and complete information as required by the relevant registration form made available to you via this Website.
You consent to receive and hereby request to receive communications, which may include phone calls, artificial communications, electronic mail, or SMS text messages, through the Platform from Vendors or Clients, including but not limited to recurring communications relating to your Account and the Services, such as Account information, billing information, and advertising and marketing communications. You understand and agree that you may receive communications generated by automatic telephone dialing systems and artificial or prerecorded messages sent by Vendors or Clients. Standard message and data rates may apply. You certify, warrant, and represent that you are the subscriber or non-subscriber customary user of the telephone number you provide to Clients or Vendors, and further certify, warrant, and represent that any other subscribers or customary users of that telephone number have authorized you to consent on their behalf to receive messages, including but not limited auto dialed and artificial or prerecorded messages.
If you do not wish to receive phone calls or SMS text messages, you may opt out of such messages by sending an email to the Client or Vendor sending the message or to support@payready.com, updating your communication preferences in your Account profile on the Platform, or by replying "STOP" from the mobile device receiving the messages. You understand and agree that, in response to any such "STOP" message, you may receive an SMS text message indicating that you will no longer receive any SMS text messages from the Vendors and Clients messaging you.
If you prefer not to receive emails from us about marketing offers and promotions, please unsubscribe via the unsubscribe link in an email or contact us. Alternatively, you may opt out of commercial email by updating your communication preferences in your Account profile on the Pay Ready platform. We will endeavor to comply with your request as soon as reasonably practicable.