1. General

    1. General Description of Service: As part of the Service, RentPost, Inc. (hereafter, "RentPost”) will provide User with use of the Service, including a browser interface and data encryption, transmission, access and storage. User's registration for, subscription to, or use of, the Service shall be deemed to be User's agreement to abide by these Terms of Use, including any materials available on the RentPost website incorporated by reference herein, including but not limited to RentPost privacy and security policies. For reference, a Definitions section is included at the end of these Terms of Use. By utilizing an encrypted browser interface, you may access the Services. You are responsible for obtaining a browser capable of a sufficiently high level of encryption to meet the systems requirements we establish from time to time. Your use of any browser may also be subject to the license agreements of the browser manufacturer, in addition to the terms and conditions of this Agreement. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions and that you are satisfied with that assessment. We are not responsible for any Internet access services.

    2. Limitation of Duty and Liability: RentPost is an independent contractor for all purposes, and owes no duty to users other than those defined in this agreement. RentPost does not have control of or liability for the products or services that are paid for with our Service. We do not guarantee the identity of any user.

    3. Privacy Statement

      1. Personal Privacy: Protecting your privacy is very important to RentPost. 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.

      2. Privacy of Others: If you receive Information about another RentPost User through the RentPost Services, you must keep the Information confidential and only use it in connection with the RentPost Services. You may not disclose or distribute a RentPost User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.

    4. Statement of Intellectual Property Rights: RentPost and all logos related to the RentPost services are either trademarks or registered trademarks of RentPost or its licensors. You may not copy, imitate or use them without RentPost‘s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of RentPost. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by RentPost through our merchant services, features or affiliate programs without prior written consent for the purpose of directing web traffic to the RentPost Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to RentPost or the RentPost Services or display them in any manner that implies RentPost ‘s sponsorship or endorsement. All right, title and interest in and to the RentPost website, any content thereon, the RentPost Services, the technology related to the RentPost Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of RentPost and its licensors.

    5. Non-Assignment Clause: You may not transfer or assign any rights or obligations you have under this Agreement without RentPost prior written consent. RentPost reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

    6. Changes to Terms and Conditions: RentPost reserves the right to alter this agreement. Notice of alterations to the Terms and Conditions shall be supplied to the user according to Section 1.7 of this agreement.

    7. Notices to User: You agree that RentPost may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, mailing it to the street address listed in your Account, or text message to the telephone number 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, sent by text 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 Business Days after it is sent. 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 RentPost as described in section 1.8 below. RentPost will charge you a Records Request Fee to provide a paper copy. RentPost reserves the right to close your Account if you withdraw your consent to receive electronic communications.

    8. Notices to RentPost must be sent by mail to registered agent at 6160 Old Jefferson Rd., Athens, GA 30607.

    9. Transaction History: You may view your transaction history by logging into your RentPost Account.

    10. Correspondence History: You may view your correspondence history by logging into your RentPost Account.

  2. Eligibility and Account features

    1. Eligibility: To be eligible for RentPost Services, you must be at least 18 years of age.

    2. Account Features

      1. Manager Features: RentPost Services include online unit and tenant organization and information database, online work order processing, online task management and schedule, online contact organization and database, online financial oversight including: transaction log, rent roll, and payment delinquencies and associated expenses, online reporting, including: transaction reports, rent roll reports, payment delinquency reports, vacancy reports, and work order reports, online rent collection with ACH/eCheck and Credit Cards, Automatic e-mail notifications, amongst other features. RENTPOST RESERVES THE RIGHT TO ADD TO, SUBTRACT, OR CHANGE THESE FEATURES.

      2. Tenant Features: In the Tenants Portal, tenant can update contact information, Real-Time threaded conversations with property managers with email alerts, make payments online and view payment history, submit work orders and check their status, access shared lease and properties documents, amongst other features.

    3. Validation of Identity: You authorize RentPost, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources.

  3. Sending & Receiving money

    When subscribing to RentPost’s online collection system (PayShift), User is requesting electronic credits to (or debits from) User's Bank Account. In accordance with such request, RentPost will make electronic transfers via the Automated Clearing House (“ACH”) to and from User's Bank Account.

    Please see agreement with RentPost's financial partner, Forte Payment Systems, Inc. (Forte), for more details.

    1. Fees

      1. Setup Fees: User will pay a one-time setup fee in order to setup the Bank Account. This fee covers the costs of the administrative duties required for due diligence and necessary credit/background checks.

      2. Surcharges: RentPost will collect these transactional (surcharges) fees as specified in this Agreement. RentPost reserves the right at any time to charge and/or increase fees for access to portions of the Service or the Service as a whole. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Any changes in pricing will be sent as notice to the email address associated with User’s account. You acknowledge that (i) RentPost is not a bank and the Service is a money transfer and payment processing service rather than a banking service, and (ii) RentPost is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

        1. ACH: Tenants will pay a $1.50 surcharge fee per transaction at the time of payment.

        2. Credit Cards: Tenants will pay a surcharge fee equal to 2.99% of the amount being paid at the time of the transaction, for all credit card brands except American Express (AMEX) which carries a 3.59% fee.

      3. Other Fees: Please see your executed Agreement with Forte for a list of any other applicable fees. RentPost does not charge any other fees.

    2. Setup Process Companies/Users must sign an Agreement with Forte and undergo bank underwriting in order to setup their Bank Account for online payments. Specific requirements around this process, decisions, requests for information, and other such details are dictated by Forte. RentPost helps facilitate the collection of required documents and details to ease the process.

    3. Merchant Processing Delay: RentPost is not liable for any damages caused by a processing and funding delay with Forte. Funds are typically deposited/funded within 3 banking days. This excludes all federal banking holidays, weekends and other exceptions.

    4. RentPost Mobile: RentPost Mobile is a service that allows you to send and receive payments through your mobile phone.

  4. Closing your account

    1. See RentPost's refund policy for more details on canceling.

    2. You can cancel your account at anytime, there is no contract requirements or cancelation fees. Once you cancel your account, your billing credentials will not be billed again.

    3. How: In order to cancel your account, go to the "Account" link after logging into your account and select "Billing Plan". From there, you will see a link for the name of the plan on which you are currently setup. Just click that link and it will open a modal box. From there, click the "Cancel My Account" link, confirm that you do indeed wish to do this and your account will be canceled and placed in suspension mode.

      In order to have your account completely removed from our servers, meaning all your data will be erased forever, never to be able to be recovered, please contact us.

    4. Limitations: RentPost may delay closing the Account for 90 days to ensure receipt of all payments from users. You will remain liable for all obligations related to your Account even after the Account is closed.

    5. Cancellation of Dormant Accounts: If you do not log in to your Account for two or more years, RentPost may close your Account.

  5. Restricted activities

    1. Illegal acts

      In connection with your use of our website, your Account, or the ACH Services, or in the course of your interactions with RentPost, other Users, or third parties, you will not:

      1. Breach this Agreement,
      2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
      3. Infringe RentPost’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
      4. Act in a manner that is defamatory, trade libelous, threatening or harassing;
      5. Provide false, inaccurate or misleading information;
      6. Send or receive what we reasonably believe to be potentially fraudulent funds;
      7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
      8. Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both RentPost and the Seller, bank or credit card issuer for the same transaction;
      9. Use an anonymizing proxy;
      10. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
      11. Conduct your business or use the RentPost Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to RentPost, other Users, third parties or you;
      12. Provide yourself a cash advance from your credit card or participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so);
      13. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
      14. Send unsolicited email to a User or use the RentPost Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
      15. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
      16. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
      17. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
      18. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the RentPost Services;
      19. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
      20. No-fault clause: RentPost will not be held liable for the violation of the above terms or any other illegal activity not foreseen at this time.
  6. User Liability

    1. Actions by Tenants: Manager is responsible for complaints by Tenants caused by or arising out of Manager's breach of this Agreement, and/or Manager's use of the RentPost Services. Manager agree to reimburse RentPost, a User, or a third party for any and all such liability.

    2. Actions by Manager: Tenant is responsible for complaints by Manager caused by or arising out of Tenant’s breach of this Agreement, and/or your use of the RentPost Services. Tenant agrees to reimburse RentPost, a User, or a third party for any and all such liability.

    3. Actions by RentPost

      If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect RentPost, Users, and other third parties claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

      1. We may close, suspend, or limit your access to your Account or the RentPost Services,
      2. We may contact your tenants, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
      3. We may update inaccurate Information you provided us;
      4. We may refuse to provide the RentPost Services to you in the future;
      5. We may take legal action against you.
    4. Actions by other third parties: You are responsible for third party complaints caused by or arising out of your breach of this Agreement, and/or your use of the RentPost Services. You agree to reimburse RentPost, a User, or a third party for any and all such liability.

  7. Unauthorized transactions

    RentPost is not responsible for loss incurred as result of non-sufficient funds, returned checks, chargebacks, claims, reversals, fraud, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transactions or fees associated with those transactions. When appropriate, these fees will be passed on to the tenants. In the event that a tenant requests a payment returned for ANY reason, RentPost will not attempt to collect that same money a second time. RentPost will alert both the Manager and the Tenant of the returned payment, and both Manager and Tenants accounts will reflect the same. Manager may repost the amount owed to the Tenants account, but RentPost will not debit that account without new authorization from Tenant. IN ADDITION, RENTPOST IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT BY TENANT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.

  8. Disputes with RentPost

    1. Hold Harmless: RentPost is not liable for damages caused to Manager or User due to lack of access to RentPost services. RentPost will NOT be held responsible for missed tenant payments for any reason or for damages resulting from missed work orders and other notices.

    2. Arbitration: In the event that a landlord, property owner/manager, or tenant elects to take judicial action against RentPost, arbitration will first be sought.

    3. Jurisdiction: The enforcement and interpretation of this Agreement shall be construed under and governed by the laws of the State of Georgia. The venue or forum for any legal action arising out under or related to this Agreement, in whole or in part shall be in Clarke County, Georgia.

    4. Lawsuits: In the event that a lawsuit is filed against a client of RentPost, and RentPost needs to seek legal counsel for any involvement in the matter, the client agrees to pay for all legal fees associated with the lawsuit. This clause in no way limits RentPost’s right to hire legal counsel of its choice.

    5. Digital Attack on RentPost: In the event that the RentPost website is digitally attacked (hacked), the possibility of any information contained on our site may be compromised. All information provided to RentPost is the responsibility of the user who provided this information. RentPost will NOT be held liable for this loss of information.

    6. Digital Communication: RentPost is NOT responsible for communication initiated by clients or tenants through our web site.Our service is a means of communication between our clients and their tenants. Digital communication is NOT an official form of communication for any reason (i.e. 24 Hour Notices, Eviction Notices, Maintenance Requests) between tenants and users. RentPost will NOT be held responsible for a tenant or property owner/manager not complying with any notices posted digitally or otherwise.