Last Updated: February 1, 2023
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.
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. As 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. As it relates to any payment processing SaaS, the Fees are separate from the amount of any Principal Payment and are for SaaS provided by us on behalf of Merchant which are separate from the services provided to you by the Merchant directly. Fees are no 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.
- 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's 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.
- 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 firstname.lastname@example.org. 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 email@example.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. As between you and us, we own all right, title and interest 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 to us, shall 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.
- 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 EXTEND PERMITTED BY APPLICABLE LAW, WE WILL NTO 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.
- 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 WHICH MAY ARISE UNDER THESE TERMS IS LIEKLY 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 an enforced in accordance with, the laws of the Sate 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 money 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 us take specific action. In this event, neither you or us 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 use at firstname.lastname@example.org Notices sent to us will be deemed received upon our receipt of such notices.