ONLINE BILL PAYMENT SERVICE
TERMS AND CONDITIONS
These terms and conditions are designed to provide you with information on our Online Bill Payment Service (the “Service”) and outline important conditions which apply to your using the Service. The Service is provided by LCOR LAMLP LLC, as agent for the property owner, and/or its affiliates and subsidiaries (as applicable) (“LCOR”) and various third party vendors with respect to the apartment communities managed by LCOR and/or its affiliates and subsidiaries. The Service is subject to certain consumer bank regulatory protections described in the Electronic Fund Transfers Act and regulations issued by the Federal Reserve Board. When you initiate an online payment with LCOR or any third party vendor acting on our behalf, you and any person you authorize to perform functions on your account agree to these Terms and Conditions. Please read these Terms and Conditions carefully in their entirety. We also suggest that you print a copy of these Terms and Conditions and keep in a safe place.
1. Services Offered. The Service allows you to authorize LCOR and its associated third party vendors to initiate a one-time or recurring Automated Clearing House (ACH) debit transaction from your checking or savings account or one-time or recurring debit transactions from your credit card account to collect your rent and fees. Under the Service, each time you initiate a one-time or recurring payment transaction using the Service, you authorize LCOR, and its associated third party vendors, to initiate an Automated Clearing House (ACH) debit transaction to your checking or savings account or a credit card transaction against your credit card account. You agree to be bound by any rules your financial institution, bank or credit card company requires for ACH debit transactions and credit card transactions. The Service is only accessible using your user id and password for The Property’s Web site. A unique identification number will be generated that will be used by LCOR’s third party vendors to initiate the ACH debit or credit card transaction from your account. You agree not to provide your personal information to anyone not authorized to sign on to your account and make payments on your behalf.
Both you and LCOR shall have the right to cancel the use of the Service with or without cause at any time and effective immediately upon written notice to the other party. You may withdraw your consent to receive electronic communications and cancel your participation in the Service by (i) calling the property management office of your apartment community at the telephone number set forth on our Web site or (ii) writing the property management office of your apartment community at the address set forth on our Web site requesting discontinuance of the Service. LCOR may cancel your participation in the Service by (i) writing you at the address that you have provided us or (ii) sending an e-mail to you at the e-mail address that you have provided us.
2. Authorized Users. You may authorize one or more third parties to access the Service to authorize a one-time or recurring Automated Clearing House (ACH) debit transaction from your checking or savings account or one-time or recurring debit transactions from your credit card account to pay your rent and fees.
3. Erroneous Instructions. We will use all reasonable efforts to process your payments properly. However, if we receive a payment instruction authorized by you (or by an authorized user) and the instruction is erroneous in any way, we shall have no obligation or liability for the error. LCOR shall bear no liability or responsibility for any losses of any kind that you may incur as a result of the information you have supplied to us that is incorrect, incomplete or not timely.
4. Transaction Limitations. Please be aware that certain types of bank accounts may have limits on the numbers of transfers or withdrawals that may be made per month. Your bank or other financial institution may refuse transfers which would exceed such limits, so we recommend you check with your bank or other financial institution to determine what limitations are imposed on withdrawals from any account. Also, the Service is only available to payers using U.S. bank accounts and we will not be able to process requests to international bank accounts. If we are not able to debit the amount required to cover an authorized payment from your account, we will not be able to make the payment you have authorized, and will not be held liable for any costs, damages, expenses, late fees or interest of any kind or nature caused by the failure to make the payment. We have no obligation to try to debit an account for a specific payment more than once. We have no obligation to try to charge a credit card account for a specific payment more than once.
5. Cutoff Hours. If we receive ACH payment authorizations from you on or before 12:00 p.m. Eastern Standard Time on a business day, we will attempt to debit the funds from your account(s) on that business day. Otherwise, the funds will be debited from your account(s) on the next business day. Once the ACH authorization is given, we cannot stop the debit from your account. We will attempt to settle credit card transactions the same day it is received. Otherwise, the credit card transaction will be settled from your account(s) on the next business day.
6. Business Days. Our business days and hours are Monday through Friday, 9 am to 5 pm EST, excluding holidays.
7. Fees. LCOR will not charge any fees for ACH transactions and will charge a nonrefundable convenience fee of 2.56% for each credit card transaction. However, if there are insufficient funds in your bank account at the time the Service is used, you will be charged a fee by LCOR. If the ACH transfer is rejected twice due to insufficient funds in the bank account, you will no longer be eligible to use the Service. The financial institution that holds your bank account may impose separate fees in connection with your use of the Service or otherwise. Fees imposed by your financial institution or by any other person not directly a part of the ACH transfer will not be reflected on the receipt generated by the Service. LCOR reserves the right to change and/or increase fees for use of the Service upon notice to you.
8. Electronic Disclosures. We are required to provide you with certain disclosures and notices which are mandated by various laws and rules. You agree to receive all such disclosures electronically, which in most cases will be done at our Web site or the Web sites of our vendors.
9. Confidentiality. We will never sell any personally identifiable information to a third party for marketing purposes without your consent. We will only disclose information to third parties about your account or the transfers or payments you make:
(a) where it is necessary for completing transfers or payments,
(b) if lawfully required or
(c) if you request or authorize it.
10. Your Liability. You agree to regularly and promptly review and verify all transactions either on our Web site or through the monthly statements received from your bank, financial institution or credit card company holding the account(s) used in the ACH debit or credit card transaction (as applicable). If you believe that the codes provided to access the Service have been stolen or used by an unauthorized person, tell us AT ONCE in accordance with Paragraph 12 below. If your bank statement or credit card statements show transactions by us that you did not authorize, tell us AT ONCE in accordance with Paragraph 12 below. Telephone communications may be the quickest way to notify us and may limit your potential loss. IF YOU DO NOT TELL US WITHIN 60 DAYS AFTER THE BANK OR CREDIT CARD STATEMENT IS MAILED TO YOU OR MADE AVAILABLE TO YOU OR WITHIN 60 DAYS OF YOUR OBTAINING KNOWLEDGE THAT THE CODES HAVE BEEN LOST OR STOLEN, LCOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY ERROR OR UNAUTHORIZED TRANSFER OR UNAUTHORIZED USE OF THE SERVICE IF YOU FAIL TO NOTIFY US WITHIN SUCH 60 DAY PERIOD, EXCEPT AS OTHERWISE REQUIRED BY LAW. You also should contact your bank, financial institution or credit card company.
11. Our Liability. If we do not complete a payment, which you have authorized in a timely manner, in accordance with the terms and conditions herein, we may be liable for your actual losses or damages. However, there are some exceptions to our liability, including, but not limited to, the following:
a. Through no fault of ours, your account does not contain sufficient available funds for us to debit the account in the amount of the payment due.
b. The Web site or other systems are not working properly.
c. Circumstances beyond our control (including, but not limited to, fire, flood, computer breakdown or problems with a telephone line or internet connection) prevent or impede the transaction, despite reasonable precautions we have taken.
d. The funds in your account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time we attempt to debit your account for an authorized payment(s).
e. The information you or your payees have supplied to us is incorrect, incomplete or not timely.
f. There may be other exceptions as well.
For the purposes of the Terms and Conditions, our liability shall be limited to the specific entity that was responsible for the origination of the specific ACH debit and credit card transaction.
12. In Case of Errors or Questions About Transfers From Your Account. ALL QUESTIONS ABOUT TRANSACTIONS UNDERTAKING USING THE SERVICE MUST BE MADE DIRECTLY TO THE PROPERTY MANAGEMENT OFFICE OF THE PROPERTY AND NOT TO THE BANK, CREDIT CARD COMPANY OR OTHER FINANCIAL INSTITUTION WHERE THE ACCOUNT MAY BE LOCATED. We are responsible for the Service and for resolving any errors in transactions made using the Service. There are two ways to contact us if you believe there has been an error or unauthorized transaction, (i) calling the property management office of your apartment community at the telephone number set forth on our Web site or (ii) writing the property management office of your apartment community at the address set forth on our Web site, as soon as you can. If you have any questions about a transaction initiated using our Service, call or write us at the number and address listed above. WE MUST HEAR FROM YOU AS SOON AS POSSIBLE IF YOU THINK YOUR STATEMENT OR RECEIPT IS WRONG OR IF YOU NEED MORE INFORMATION ABOUT A TRANSFER LISTED ON THE STATEMENT OR RECEIPT, BUT IN NO EVENT, LATER THAN 60 DAYS AFTER THE FIRST BANK STATEMENT ON WHICH THE PROBLEM OR ERROR APPEARS IS MAILED TO YOU OR MADE AVAILABLE TO YOU. EXCEPT AS OTHERWISE REQUIRED BY LAW, LCOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY ERROR OR UNAUTHORIZED TRANSFER IF YOU FAIL TO NOTIFY US WITHIN SUCH 60 DAY PERIOD.
When contacting us, you must:
(a) tell us your name and account number (if any);
(b) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
(c) tell us the dollar amount of the suspected error.
If you initially provide information to us orally via the telephone, we may require that you send your complaint or question in writing within 10 business days to fully preserve your rights. Please submit your complaint or question in writing and mail it to the address for the property manager of your apartment community set forth on our Web site.
We will advise you of the results of our investigation within 10 business days after we hear from you and if we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent to any credit rating agency. We can continue to bill you for the amount you question, including finance charges. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. At the end of our investigation, we will advise you of the results within five (5) business days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit, any fees, and/or interest provisionally credited in relation to the alleged error. The Property may provide copies of the documents that we used in our investigation upon request.
13. Use of Service; Change In Terms and Conditions. By using the Service, you acknowledge that you are able to electronically access the Service, and to electronically access and print your statement, the Terms and Conditions and any subsequent notices or other information as may be required by law or regulation (“Notices”). We may provide the Terms and Conditions and Notices to you in electronic form by posting the Notice or a link to the Notice on our Web site. We may make changes to these Term and Conditions from time to time in our sole discretion, by updating and posting the revised Terms and Conditions on our Web site, and specifying the effective date of the new version of the Terms and Conditions. Prior notice may not be given, however, where an immediate change is necessary for security purposes. Your use of the Service following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, when you visit our Web site you should periodically check to see if a new version of these Terms and Conditions has been posted.
14. Limitations. You agree that neither we nor any party involved in creating or delivering this Web site or the Service is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of this Web site. We assume no responsibility for and will not be liable for any damages to or any viruses which may affect your computer equipment or other property on account of your access to, use of or downloading from our Web site.
15. No Waiver; Severability; Choice of Law. If we fail to enforce any of our rights under the Terms and Conditions or applicable laws, it shall not be deemed to constitute a waiver of such right. If any provision of these documents is found by a court to be invalid, then the remaining Terms and Conditions shall remain in full force and effect. The Service and Terms and Conditions shall be governed by applicable federal law and the laws of the State of New York.
By accessing and using this site, you agree to the terms and conditions of these Terms and Conditions without limitation or qualification.
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