Effective as of: November 20, 2023

 

These Terms of Use and Service ("Terms") are outlined in the Landlord Services Agreement and Tenant Services Agreement, collectively referred to as "Services." If you are a property owner, landlord, or property manager ("Landlord") or the principal Tenant, legal co-tenant, or guarantor ("Tenant"), having entered separately or jointly between you, or us and PerfectPayRent LLC, a Nevada corporation, you agree to abide by these Service terms. By accessing or using our Landlord Services Agreement or our Services, or executing a Services Agreement for the provision of Services, you agree to these terms effective as of the date you access or use our Services or the Effective Date indicated in our Landlord Service Agreement and Tenant Services Agreement ("Commencement Date"). If you, as the Landlord or Tenant, represent a company or another legal entity, person, or joint entity, you agree to these terms on behalf of any entity, affiliates, co-entities, persons, or other guarantor. If you lack the authority to do so or disagree with these terms in the Services Agreements, please refrain from using our Services.

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Changes to these Terms

We may, at our discretion, update these Terms periodically. Any updates will take effect as of the date noted at the top of the document. The most recent version supersedes all prior versions. Your continued use of our services after the effective date of an updated version indicates your acceptance of the changes. If you do not agree with the updated terms, please cease using our services immediately.

 

Definitions

• Affiliate: Any entity or person,  that controls, is controlled by, or is under common control with the applicable party, directly or indirectly.

• Services: PerfectPayRent's digital rent payment platform the web-enabled site, and our www.perfectpayrent.com, encompass Landlord Services, and on-time rent assurances specified in the Landlord Services Agreement and Tenant Services, with rent assistance options specified in the Tenant Services Agreement, individually, separately or collectively the Services. Our provision of services by us is explicitly not insurance.  See our Legal and Regulatory Notice available on this Site and request a copy from us, at info@perfectpayrent.com.

• Intellectual Property: This term includes the PerfectPayRent Platform and web-enabled portal and our website, www.perfectpayrent.com, unique Landlord Services, Tenant Services, digital rent payment platform inventions, and any inventions, trade secrets, technology, software, documentation, patents, trademarks, copyrights, service marks, logos, and brands. It also covers Confidential Information and the right to apply for their registration or formalization.

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Compliance with Regulations and Service Guidelines.

You are obligated to adhere to all relevant laws and regulations in the jurisdictions you operate, including data protection, privacy, housing, tenant, and rent laws. All leases involving tenants covered by PerfectPayRent's Landlord Services and Tenant Services must comply with these laws and regulations.

 

Mutual Obligations.

• Indemnification: You agree to defend, indemnify, and hold us harmless from claims, liabilities, damages, losses, and expenses arising from your use of our services.

• Access and Use of Confidential Information: You and we agree to keep Confidential Information confidential and use it only for the purposes of these terms. You and we will treat each other's Confidential Information with appropriate care.

• Intellectual Property Rights: We grant you a limited right to use our Intellectual Property for the duration of these terms, solely for fulfilling your obligations. We own all rights to our Intellectual Property, and you cannot use it without our written consent.

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Service Agreement.

These terms can also be implemented through mutually executed Landlord Service Agreements and Tenant Service Agreements. Any undefined terms in these terms have the meanings described in the applicable Service Agreement. These terms take precedence in the event of any conflict between these terms and a Services Agreement, except if the Services Agreement states otherwise.

 

Termination.

These terms remain in force until the date specified in an applicable Service Agreement or sixty (60) days after the latest Services Agreement expiration providing Services to a Landlord or Tenant.

• Termination for Cause: We may terminate your access to the Services upon notice if you breach these terms or engage in fraud, negligence, willful misconduct, or other misconduct. We may also terminate your access for various other reasons, including defamatory conduct, felonious actions, or actions contrary to the spirit of these terms.

• No Termination of Existing Services Agreements: Our obligations under our  Landlord Service Agreement and Tenant Services Agreement cannot be terminated except as per the terms and conditions of the Services Agreement, and may be affected by your Services termination. 

• Survival of Clauses Post-Termination: Provisions that should survive termination, including Intellectual Property rights, confidentiality, and indemnification obligations, remain in effect.

 

Limitation of Liability.

To the extent permitted by law, the Services are provided "as is." We are not responsible for your use of our Services or the terms of the Services Agreements or us of the PerfectPayRent Platform and web-enabled portal and our website, www.perfectpayrent.com. You expressly understand and agree that we shall not be liable for any damage or loss relating to the collective  Services.

 

Dispute Resolution.

• Arbitration: Any disputes or claims between you and us will be settled through binding and confidential arbitration. If arbitration is required, it will take place at the AAA's office in Las Vegas, Nevada, unless otherwise agreed by all parties. You and we waive the right to arbitration on a class action basis or on behalf of the general public.

• Notices: We may provide notices through our PerfectPayRent Platform and web-enabled portal and our website, www.perfectpayrent.com, or via email or other contact information provided during registration.

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Force Majeure.

If circumstances beyond our control prevent us from fulfilling our obligations, the time for the Service's performance will be extended.

 

Access Interruptions.

We do not guarantee continuous access to our Services on our PerfectPayRent Platform and web-enabled portal and our website, www.perfectpayrent.com. We may suspend access for various reasons, including system repairs, maintenance, and system interruptions due to third-party services. You agree that we are not liable for losses due to such interruptions.

 

General Terms.

These terms are governed by the laws of Nevada, without conflicts of law principles. These terms supersede all prior agreements between the parties. Waiving a breach of these terms does not waive future breaches. If a provision of these terms is deemed illegal or unenforceable, it shall be limited to the minimum extent necessary for the terms to remain in full force and effect.