Terms & Conditions 2017-10-05T16:42:11+00:00

These Terms of Service (the “Agreement”) govern the use of the website and Services (as defined herein) provided by Rental Credit LLC. By accessing our website and Services, you hereby accept and agree to be bound by this Agreement (as may be amended from time to time). If you do not agree and consent to this Agreement, please do not use or access our website or our Services. Please read the entire Agreement.

References to “you”, “your”, and “user” mean any person using our website or Services. Unless stated otherwise, “Rental Credit” “we” and “our” refers to Rental Credit LLC. Capitalized terms not otherwise defined have the definitions set forth herein.

This Agreement (and any other agreement that you agree to in connection with your use of the Services) constitutes the entire contract between you and Rental Credit LLC and supersedes any oral or written representations that may be given at any time. You also agree to any other specific Terms of Use relating to use of any of our Services.

I. General

Service Provider. Rental Credit LLC. provides Services relevant to renters, roommates, landlords, property managers, and others, including, without limitation, providing credit reporting and credit-related products.

Your Privacy. Maintaining the confidentiality of our Users is a top priority for us. Our Privacy Policy discusses our responsibilities with respect to your Information. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. Our Privacy Policy is included at the end of our Terms of Service.

Modification of this Agreement. Rental Credit LLC. may amend and/or revise this Agreement from time to time, in our sole discretion, by sending you written notice by electronic mail, by regular mail or by posting the updated terms on our website. Such modifications will become effective at the date or time provided in such notice but in no event earlier than twenty-four (24) hours following the earlier of receipt by you or the posting on our website at http://rental.credit. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Services. Your use of the Services after we have made such changes available will be considered your consent and agreement to the change. Rental Credit LLC. may, from time to time, introduce new features to the Services or modify or delete existing features in our sole discretion. Rental Credit LLC. shall notify you of any of these changes to features if we are legally bound to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning those features.

Eligibility. To be eligible to use our Services, you must be an individual at least 18 years old that is able to form legally binding contracts under applicable law and a resident of the United States with a postal mailing address in the United States. All Users must be human (i.e., no machines, scripts or automated services may be used to access or use the Services).

Identity Authentication. To help the government fight terrorism and money laundering activities, we obtain, verify and sometimes store personal information. You authorize Rental Credit LLC, directly and through third parties, to make any inquiries we consider necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial account and verifying your information against third party databases or through other sources. If we cannot verify your information to the extent we deem necessary, we may not be able to allow you to use the Services.

Restricted Activities. In connection with your use of our website and our Services, or in the course of your interactions with Rental Credit LLC or a third party through Rental Credit, you agree that you will not:

Activate multiple registrations without prior consent by Rental Credit LLC., whether such registration was completed fraudulently, falsely or unlawfully, or by legitimate and lawful means such as the use of alternate but valid names, different contact information, separate bank-account numbers and other pertinent data. Undertake any fraud, intentional or negligent misrepresentation or any unlawful act relating to the use of Rental Credit LLC’s website or Services or otherwise provide false, accurate or misleading information or otherwise participate in a fraudulent transaction, including, without limitation, providing payment source information that you have not been authorized to provide or use.

Breach of this Agreement or any other agreement that you have entered into with Rental Credit LLC. (including any policy to which you become subject) Violate any law, statute, ordinance or regulation in connection with your use of the Services or access of our website, Infringe Rental Credit LLC or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy, Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us, Interfere with or damage our Services, including, without limitation, through the use of any viruses, Trojan horses, worms, cancel bots, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or other computer programming routines, methods or technology that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Notices to You. You agree that Rental Credit LLC. may provide notice to you by posting it on our website, emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three (3) Business Days after it is sent. You also consent to allow Rental Credit LLC. to respond to any inquiries by e-mail regardless of the format of the original inquiry. You may request a paper copy of any legally required disclosures, and you may terminate your consent to receive required disclosures through electronic communications by contacting Rental Credit LLC   Rental Credit reserves the right to close your account if you withdraw your consent to receive electronic communications. You further agree to the Electronic Signature and Uniform Electronic Transactions Act Disclosure and Consent Agreement provided herein, which is incorporated herein.

 

Notices to Rental Credit LLC. Except as otherwise expressly stated herein, notice to Rental Credit must be sent by postal mail to: Rental Credit LLC,

Termination by Rental Credit LLC. We, in our sole discretion, reserve the right to terminate this Agreement, access to our website or access to the Services or cancel your usage for any reason and at any time upon notice to you. If we close your account, terminate your use of our Services or cancel your ability to access the Services for any reason, we will provide you with notice of our actions. If we limit access to your account, we will provide you with notice of our actions and the opportunity to request restoration of access, if appropriate. An individual whose account is terminated or Services cancelled may be denied further access to the secure portion of our website and future use and enjoyment of the Services. Users will remain liable for all outstanding obligations to Rental Credit LLC. under this Agreement even after any such termination.

II. Credit Reporting Services

Credit Reporting: Rental Credit LLC. will report rent payments made by you to a credit reporting agency (a “CRA”), which in part is designed to assist parties in establishing a credit history and/or a credit score.

Once payments have been reported by Rental Credit LLC. to a CRA, the reporting of those payments cannot be modified, amended or canceled.

To be eligible for reporting to a CRA, Rental Credit LLC. will need to verify the existence of a valid written lease, including verifying that the User is listed as a lessee. Additionally, Rental Credit LLC. will need to verify certain lease details with the landlord, i.e. the lease payment amounts due and due dates. If Rental Credit LLC. is unable to verify any and all necessary information for reporting, Rental Credit LLC. may not necessarily contact the User and will not be able to report the User’s payments to any CRA.

Notwithstanding the above, any party may dispute any entry on a credit report provided by Rental Credit LLC. to a CRA. See Rental Credit LLC. Credit Reporting Dispute Resolution Policy, which is incorporated herein and made a part hereof.

Rental Credit LLC. is not responsible for how any CRA may manage or use the information provided to them by Rental Credit LLC. and you agree to hold Rental Credit LLC. harmless against any such claims (all subject to the Credit Reporting Dispute Resolution Policy and the Fair Credit Reporting Act). See such CRA for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from Rental Credit LLC. to the CRA, that CRA will obtain an ownership interest in that data.

Potential Effect of Inconsistent or Termination of Credit Reporting. Once payment by a User for a particular bill or account has been reported to a CRA, the cessation of the reporting such bill or account (or the inconsistent reporting of such payments) to a CRA may negatively impact a User’s credit history, including the subsequent reporting of such bill or account following a period of no reporting on such bill or account, which may occur for a variety or reasons, including cessation of use of the Rental Credit LLC.’s services. Rental Credit LLC. shall not be liable for any claims, charges, demands, damages or adverse impacts on a User’s credit score or credit history if a User ceases using Rental Credit LLC. rent payment services (or has inconsistent reporting).

 

III. Dispute of Credit Reporting Information by Client

Notice of Dispute: A User may dispute an entry on their credit report derived from information provided by Rental Credit LLC. to a CRA by notifying Rental Credit LLC. either by mail or by other means available to the User. The User shall provide the following information as part of any dispute of information provided by Rental Credit LLC.:

Name of consumer, Name of counter party (i.e. Landlord), A brief description of the disputed information, Address of User or other means for Rental Credit LLC. to contact User with results of investigation, Investigation of Disputed Information.

Upon receipt of a notice of dispute from a User, Rental Credit LLC. will, free of charge, conduct a reasonable investigation and make a determination of the status of the disputed information within three (3) Business Days of receipt of the notice of dispute from the User. The investigation shall include, but is not limited to, all relevant information provided by the User. The determination shall be one of the following three options: The dispute is frivolous or irrelevant and the information originally provided is accurate; The disputed information is inaccurate; or more information is necessary to make a final determination regarding the disputed information.

Notification of Determination.

Once a final determination has been made regarding the disputed information, Rental Credit LLC. will notify the User for that purpose, by other means available to Rental Credit LLC. within five (5) Business Days of the determination regarding the disputed information. If Rental Credit LLC. determines that the dispute is frivolous or irrelevant, Rental Credit LLC. shall notify the User by mail or, if authorized by the consumer for that purpose, by other means available to Rental Credit LLC. Said notice shall include:

The reasons for the determination; and Identification of any information required to investigate the disputed information.

If Rental Credit LLC. determines that the disputed information is inaccurate, Rental Credit LLC. shall notify the User by mail or, if authorized by the consumer for that purpose, by other means available to Rental Credit LLC. within five (5) Business Days of the determination and will promptly notify all credit reporting agencies (“CRA”) to which Rental Credit LLC. provided said information and request that they delete or modify the information as appropriate.

If Rental Credit LLC. determines that more information is necessary to complete its investigation, Rental Credit LLC. will notify the User, and the User’s counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.

Additional Information Request. Upon receipt of the additional information, Rental Credit LLC. shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by Rental Credit LLC. under this section. Notice of said determination shall be forwarded to the User as described above.

The User agrees that this agreement will be construed under and governed by the laws of the State of Wyoming, with venue being Laramie county, Wyoming. Should legal action be required to enforce the terms of this Agreement, then the prevailing party will be entitled to its legal fees being included within any judgement or settlement.

Landlord or Property Manager: Rental Credit LLC. is an independent company, which is not owned, operated or directed by User’s Landlord or Property Manager, henceforth known as Landlord. Landlord makes no warranties about said service, and shall not be liable for any acts or omissions which may violate any applicable provisions of the Federal Consumer Credit Protection Act (15 U.S.C. 1601 et seq), the Federal Fair Credit Reporting Act (including 15 U.S.C. SS 1681-1681t) Public Law 91-508, Federal Equal Credit Opportunity Act, Gramm-Leach-Bliley Act and any amendments to them, all state law counterparts of them, and all applicable regulations promulgated under any of them including, without limitation, any provisions requiring adverse action notification to the consumer. User agrees to indemnify and hold Landlord harmless on account of any loss, injury, damage or claim that may result or stem from the information furnished to Rental Credit LLC or any other transaction under and pursuant to the Agreement with Rental Credit LLC. and/or any violation of any of the provisions contained in applicable Federal, state or local laws, and/or claims of its customers, as well as any attorney’s fees and costs associated therewith.

Monthly Cancellation Policy: A user can cancel their monthly rent verification subscription at any time by calling 307-633-9148 or by contacting us at email at cs@rental.credit.

Privacy Policy:

When you visit the Rental Credit LLC website, we collect your IP address and standard web log information, such as your browser type and the pages you accessed on our website. If you visit our website or open an account, we collect the following types of information from you:

Contact Information – your name, address, phone, email, and other similar information.

Personal Information – Your social security number and date of birth.

Financial Information – the debit and credit card numbers that you link to your Rental Credit LLC. account as well as information about your lease and rent payment history.

Contact Us – if you email us through the “Contact Us” link on the website, we ask you for information such as your name and email address so we can respond to your questions and comments. You may choose to provide additional information as well.

Questionnaires and Surveys – we occasionally may ask visitors to our website to complete online surveys and opinion polls about their activities, attitudes and interests. Comments and notes that you post to the bulletin board and similar areas of our website. Before permitting you to use our Service, we may require you to provide additional information we can use to verify your identity or address or manage risk. We may also obtain information about you from third parties such as credit bureaus and identity verification services. When you are using our Service, we collect information about your account transactions, and we may collect information about your computer or other access device for fraud prevention purposes. Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.

Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user. We store and process your personal information on our servers in the US, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience on the Rental Credit LLC. site. We may use your personal information to: Provide the services and customer support you request, as well as send you transaction-specific email correspondence; Process transactions and send notices to you and your payees about your transactions; Resolve disputes and troubleshoot problems; Prevent potentially prohibited or illegal activities, and enforce our User Agreement; Customize, measure, and improve our services and the content and layout of our website; Send you targeted marketing, service update notices, and promotional offers based on your communication preferences; and Compare information for accuracy and verify it with third parties.

In addition, we may append your information with additional information obtained from third parties.

We may share your personal information with: Service providers under contract who help with parts of our business operations (fraud prevention, compliance, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.

Third party financial institutions that we partner with to process EFT and card payments. These financial institutions may only use this information to process transactions on your behalf, unless you have given consent for other uses.

Credit bureaus to whom rent payments will be reported upon the purchase of the service. Companies that we plan to merge with or be acquired by. (Should such a combination occur, we would require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.) Law enforcement, government officials, or other third parties when we are compelled to do so by a warrant, subpoena, court order or similar legal procedure we need to do so to comply with law. We believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.

Entire Agreement and Severability. This Agreement represents the complete and exclusive understanding between You and Rental Credit LLC. regarding the Software, and supersedes any prior purchase order, confirmation, advertising, representation, or other communication. This Agreement may not be modified except by a written agreement signed by an authorized Rental Credit LLC representative. If any provision of this Agreement is found to be void, invalid, or unenforceable, it shall be severed from and shall not affect the remainder of this Agreement, which shall remain valid and enforceable. Any such severed provision shall be replaced with a similar provision, which conforms to applicable law and embodies as closely as possible the original intent of the parties.

Dispute Resolution, Waiver of Collective or Class Action, Choice of Law, Statute of Limitations and Language. Any cause of action or claim arising out of or relating to this Agreement or the breach thereof, including without limitation, the validity, enforceability or scope of this Agreement, shall be settled by binding arbitration pursuant to this section 12 and the applicable rules of either J.A.M.S/Endispute or the National Arbitration Forum in effect at the time the claim is filed. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In addition, You agree that any cause of action or claim will be arbitrated individually and that You will not consolidate or seek class treatment for any claims, unless previously agreed to in writing by You and Rental Credit LLC. This Agreement shall be governed by the laws of (1) Laramie County in the State of Wyoming State if primary Use of the Software occurs in any jurisdiction other than Canada, or (2) the Province of British Columbia if primary Use of the Software occurs in Canada, each without regard to the conflict of laws provisions thereof or to the United Nations 1980 conventions on the International Sale of Goods.

Les Parties conviennent et exigeant expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, MUST BE BROUGHT NO MORE THAN ONE (1) YEAR AFTER IT AROSE, OTHERWISE THE CLAIM OR CAUSE OF ACTION SHALL BE BARRED, EXCEPT THAT THE FOREGOING LIMITATION AND THE ARBITRATION PROVISION SHALL NOT APPLY TO THE ENFORCEMENT BY Rental Credit LLC OF ANY OF ITS INTELLECTUAL PROPERTY RIGHTS. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnification.

If You receive notice of any claim that Your use of any part of the Software infringes any third party’s intellectual property right in a patent, copyright, or trade secret, Rental Credit LLC shall defend, and shall indemnify and hold You harmless by paying any resulting costs and damages finally awarded by a court with respect to any such claim provided that You:

Notify Rental Credit LLC in writing promptly upon becoming aware of the claim,

At Rental Credit LLC’s request and expense, give Rental Credit LLC such information and assistance as is reasonable under the circumstances, and

Give Rental Credit LLC the right to settle the claim in Rental Credit LLC’s sole discretion and at Rental Credit LLC expense.

  1. b) This indemnification does not extend to any claim based upon any alleged infringement arising from the combination of the Software with other elements not under Rental Credit LLC’s sole control, or arising from any part of the Software that You or a third-party modify, or that incorporates specifications, designs or formulas that You provide. If You are prevented from Using the Software because of an actual or claimed infringement, then at Rental Credit LLC’s option, Rental Credit LLC shall promptly either obtain for You the right to continue Using the affected part of the Software, replace or modify the affected part of the Software so that it becomes non-infringing, or if none of the foregoing alternatives are possible after Rental Credit LLC exercises commercially reasonable efforts, You may terminate this Agreement and any service plan, and Rental Credit LLC shall ensure that You receive a refund of, or credit for:
  • the Subscription fees You incurred for Your Subscription during the time You are prevented from Use of the Software to the date Your Subscription was terminated; and
  • any fees You incurred for the purchase of all upgrades during the time You are prevented from Use of the Software to the date Your Subscription was terminated.
  • THIS SECTION 13 SETS OUT RENTAL CREDIT LLC’S ENTIRE FINANCIAL LIABILITY FOR ANY INTELLECTUAL PROPERTY CLAIMS OR ACTUAL INFRINGEMENTS RELATING TO THE SOFTWARE.
  • You agree to indemnify, defend, and hold harmless Rental Credit LLC against all damages, costs, expenses, liabilities claims and/or judgments incurred by Rental Credit LLC in connection with or arising out or Your breach or contravention of this Agreement, Your applicable license, or any violation of applicable law or regulation in connection therewith.

Audit Rights. With or without prior notice, Rental Credit LLC may audit Your Use of the Software to ensure that You comply with the terms and conditions of this Agreement. If an audit reveals that You have underpaid fees or owe fees to Rental Credit LLC, Rental Credit LLC will invoice You for the underpayment or amount due based on the Rental Credit LLC price list in effect at the time the audit is completed.

Subscription License. The Software is only sold on a limited, perpetual, non-exclusive, non-transferable, monthly subscription fee, right to Use license to You. The Software cannot be purchased, obtained, given or otherwise released to anyone outside of a monthly Subscription fee to either Rental Credit LLC or Your Distributor.

Payments. You solely are responsible for the payment of the monthly Subscription fee to either Your Distributor or Rental Credit LLC directly for the continued Use of the Software. Non-payment may result in the deactivation of Your Software account and/or the cancelation of this license and right to Use the Software. Subscription payments can be made by means of:

Distributor Billing: If your Subscription license is part of your merchant account package from your Distributor, Rental Credit LLC will bill that Distributor of your services for the monthly Subscription fee for the Software license as long as that relationship between you and that Distributor exists. If at any time that relationship is severed or becomes inactive for whatever reason or your Distributor cancels Your Subscription, Your Subscription license and right to Use the Software will either:

  • be canceled, deactivated and the Software will no longer function; or
  • convert to a direct Use Billing Subscription license with Rental Credit LLC, if You wish to continue Use of the Software and You contact Rental Credit LLC directly.

Direct Use Billing License. You agree that, so long as Your Subscription or Product License is active, Rental Credit LLC may, on a monthly basis, automatically bill the same credit card or bank account (by means of an EFT immediate funds transfer) You provide to Rental Credit LLC. You are responsible for any labor or costs associated in the collection of payments which cannot be collected with the information you have provided to Rental Credit LLC.

If you have a Direct Merchant Billing license the following fees may apply at the sole discretion of Rental Credit LLC;

Foreign Billing: If Rental Credit LLC is required to bill the merchant directly either in a non-U.S. Dollar or to a foreign country, applicable fees related to processing that payment will apply.

User Direct Merchant Billing Fee: If Rental Credit LLC is billing the merchant directly for Rental Credit LLC Products, Services or Subscription(s), the following Handling Fee will be applied;

  • One U.S. dollars ($1.00) for each ACH/EFT billing transaction
  • Two U.S. dollars ($2.00) for each credit card billing transaction

Returned or Rejected Payments: Where a Direct Billing payment is rejected, the following will apply per incident;

  • Credit Card Decline $ 0.00
  • ACH NSF/Return $ 5.00
  • Chargeback/Unauthorized Returns $35.00
  • Collections $35.00

Cancelation of Services. You, as the Subscription or Product licensee, are solely responsible to notify Rental Credit LLC of any cancelation of services or subscriptions. The Merchant Account Provider may inform Rental Credit LLC with a notice of cancelation and Rental Credit LLC may recognize this notice as if it came from You, the Licensee. However, if the Merchant Account Provider fails to notify Rental Credit LLC with a notice to cancel Your subscription for products or services, You are still responsible for the Subscription fees until a notice of cancelation is provided to Rental Credit LLC. You may forward a notice of cancelation to cs@rental.credit or call us at 508-494-0166.

The notice must contain:

  • Merchant Name(s) used for the account, Software or Services
  • Contact Information: first and last name, address, phone and email address
  • List of products or services You are wishing to cancel
  • Name for Distributor

Cancelation of Products or Services will commence on the date and time when the cancelation notice was received by Rental Credit LLC.

Fee Increase. Rental Credit LLC may increase its license and other fees at any time without notice so fees due for new or additional Software licenses, subscription services or purchases may be more than a previous price.

You are responsible for providing Rental Credit LLC with Your most current contact and billing information. You may provide updates to Your contact information and Your billing information to Rental Credit LLC at cs@rental.credit.

If You purchased a Subscription license, Rental Credit LLC may not increase Subscription License fees more than once in any 12 month period following Your initial purchase by more than

  • Fifteen percent (15%);

Rental Credit LLC will notify You of a price increase at least 60 days before the increase takes effect.

Automatic Updates. The software and Services may contain automatic and manual update technology, features used to provide Maintenance Software such as bug fixes, patches, enhanced functions, missing plug-ins, and new versions. This feature cannot be disabled. This feature will: (1) connect to Rental Credit LLC or service provider systems over the internet, (2) use Internet protocols to recover standard computer information in order to determine whether Maintenance Software is required, and (3) automatically download and install, or prompt You to download and/or install, current Maintenance Software. By installing the Software, You consent to the transmission of standard computer information and the automatic downloading and installation of Maintenance Software. You agree to receive and all electronic notices and communications electronically, including the revision of the agreement and other terms and conditionals in connection with Your applicable license.

Unless you opt-out of such notice, You hereby give Rental Credit LLC permission to send You information regarding; Update notices, processing notices and warnings, and Rental Credit LLC products or services by various delivery methods, including via facsimile, email, phone, instant messaging services, through the software or other digital means.