EasyPay by DepositCloud Terms and Account Agreement
|Enrollment Fee*||A fee of, $___ for your enrollment in an Unlimited Plan.|
|Annual Percentage Rate (APR)||0.00%; no interest will be charged at any time on this Account.|
|EasyPay Unlimited||Your Monthly Payment amount, $___.|
|Unlimited Payment Due Date||Your recurring due date is the ___ of each month.|
|PrePay Amount||Total due prior to move-in, $___.|
|PrePay Payment Due Date||Payment in full is due on or by, MM/DD/YYYY.|
|Account Maintenance Fee*||a recurring Monthly Maintenance Fee of, $___.|
|Returned Payment Fee||Up to $25, for any payment that is returned for any reason.|
|Late Payment Fee||Up to $___, for any payment not received within 5 days of due date.|
Billing Rights. Information on your rights to dispute transactions and how to exercise those rights are provided in this Agreement.
EasyPay Collateral Account. In consideration of the issuance of the Account, you have authorized DepositCloud to allocate the Account in your name. To satisfy your obligations under the LEASE, you grant and set over to DepositCloud all rights, title and interest in the Account and in all renewals, additions and proceeds thereof. You agree that the rights granted to DepositCloud hereunder give DepositCloud the unrestricted right and ability to collect and withdraw all or any part of funds held in the Account as follows: (1) to make disbursements to OWNER of all amounts then on deposit in the Account, on a periodic basis, to be applied by OWNER to reduce your move-out or lease charge obligations under the LEASE, (2) if requested by OWNER, upon any default by you under the LEASE in satisfaction of your obligations thereunder, or (3) in the event your Account is terminated for any reason as hereinafter set forth. You acknowledge and agree that DepositCloud has exclusive control over the Account for the purpose of administering the Account. You may not make any withdrawals from the Account until all obligations under the LEASE have been satisfied in full and, thereafter, only upon termination of the Account in accordance with this Agreement. The funds deposited by you into the Account will be held in a trust account maintained in the name of DepositCloud or one of its affiliates, with a Federally insured (FDIC) banking institution; therefore, no interest will be paid to you on the Account. You agree that if the Account is closed for any reason, DepositCloud will apply funds in the Account toward any balance owed to OWNER under the LEASE. If there are still funds remaining in the Account after doing so, these funds may remain on deposit for up to 60 days before being remitted to you. See the Account Agreement below.
Adjustment to Collateral Account. You acknowledge and agree that, if applicable, pursuant to the terms of the LEASE and upon notice given by OWNER thereof, the required Monthly Payment due to your Account in accordance with the Plan or the Payment Term may be subsequently adjusted to reflect charges subsequently arising under the LEASE.
Funding Your Account. Upon selection of Plan, and after you have completed your enrollment for the Account, you must make the payment in full (“PrePay”), or an initial “Unlimited” payment of at least the enrollment fee to your Account within 10 days after the date hereof or, if the due date of your first Monthly Payment under the Plan occurs earlier, the amount of your initial payment will be the amount of enrollment fee plus your first Monthly Payment due under the Plan pursuant to the Agreement. See the Account Agreement below for information on funding your Account. Your Account will not be opened until we have received the initial payment as set forth above. You may make your initial payment to your Account in any of the following ways: (i) providing cash to fund your Account at any participating retailer, subject to limits at participating retailers stated in customer portal (ii) using your debit card, credit card, or bank Account (ACH) by logging on to our website at www.depositpal.com, or www.depositcloud.com. All deposits must be made in U.S. dollars. If you provide cash to a participating retailer to fund your Account or, if applicable, make any payment by credit card, you may be charged a fee for that service.
More Information About Return Payment Fees. The Returned Payment Fee will not exceed $25.00, for payments returned for any reason, not limited to insufficient funds.
The Account Is Only Available Electronically. The Account is only available electronically. That means that, by opening the Account, you must agree to receive all disclosures electronically. If you do not have the systems needed to receive disclosures electronically, we cannot provide the Account to you. See Consent to Electronic Disclosures in your Account Agreement below.
California Residents: A married applicant may apply for a separate Account. After approval, each applicant shall have the right to use the Account up to the limit of the Account. Each applicant may be liable for amounts extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted by law will be charged on the Account from month to month.
Maryland Residents: No finance charges will be imposed on the Account.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Wisconsin Residents: If you are married, by submitting your enrollment you are confirming that this Account obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the Account is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to OWNER is incurred. If the Account for which you are enrolling is granted, you will notify DepositCloud if you have a spouse who needs to receive notification that an Account has been extended to you.
Enrollment Agreement: You agree to be bound by the terms and conditions of this Agreement, which will be made available to you in your customer portal documents, and understand that the terms of your Account may be changed at any time, subject to applicable law. You hereby stipulate to the terms of the arbitration program described in this Agreement. You understand and agree that you will be liable for payment of all amounts owing on the Account.
Account Agreement: This Agreement governs the terms of the Account you have authorized us to allocate in your name. By opening the Account, you agree that this Agreement forms a binding contract and makes up the entire agreement between you and DepositCloud regarding the handling of your Account. You should retain a copy of this Agreement and any information that DepositCloud provides you regarding changes to this Agreement for as long as your Account is open. You should ask DepositCloud any questions you have about this Agreement. This Account Agreement may be changed by DepositCloud from time to time. Notice of a change may be provided by any means DepositCloud considers appropriate or as otherwise required by law, including by emailing you notice of changes to this Agreement. If any part of this Agreement is held invalid in a legal proceeding, it will not affect the validity of any other part. DepositCloud may assign the Account at any time and without providing prior notices to you of the assignment.
- 1.) Our Rights Over Your Account: For the purpose of remitting amounts to OWNER to satisfy the obligations under your LEASE as they become due, you grant and set over to DepositCloud all rights, title and interest in the Account and in all renewals, additions and proceeds thereof. No portion of the Account will be available to you or may be used to secure loans or other obligations. The debts and obligations to be satisfied from funds deposited in the Account are comprised solely of certain amounts owed to OWNER pursuant to the LEASE, and this Agreement does not create or impose any independent debt, obligation, charge or other amount owed to DepositCloud or any other third party (other than OWNER), except as otherwise specified herein. The rights granted by you to DepositCloud in the Account include and give DepositCloud the ability to make settlements or compromises on the Account solely in accordance with the terms of the LEASE; and transfer any funds deposited in the Account to OWNER as the OWNER’S servicing agent. For the avoidance of doubt, any and all deposited funds in the Account from the first (1st) calendar day of any month through the last day of such month will be transferred to OWNER on the fifteenth (15th) calendar day of the following month, even if such deposited funds exceed the Monthly Payment, until all amounts remaining on the Payment Plan are satisfied. Prior to DepositCloud making disbursements from the Account, you waive any right to require DepositCloud to: (i) proceed against you or any other person; (ii) proceed against or exhaust any security you have provided to us through other agreements; or (iii) pursue any other remedy in DepositCloud’s power.
- 2.) Our Rights Upon Your Default: In the event of any breach by you of the LEASE, DepositCloud shall be entitled to terminate this Agreement and close your Account at the direction of OWNER, at which time the funds in the Account will be applied toward satisfaction of any amounts remaining on the Payment Plan owed to OWNER. If DepositCloud waives or delays exercising a right, it does not forfeit that right or any others. Until fully paid, all obligations under the LEASE are satisfied, and you have no further obligations under this Agreement, you will subordinate in favor of DepositCloud any right of subrogation and any right to enforce any remedy any bank now has or may later have.
- 3.) Closing Your Account; Returning the Funds: You may not close your Account unless you have fully satisfied the obligations described in the LEASE, OWNER has authorized closure, or termination of LEASE has occurred. Upon satisfaction in full of the obligations described in the LEASE you may, by delivering to DepositCloud email or verbal notice (on a recorded line) that you wish to cancel, close your Account. If you have a joint Account, either party authorized under your Account may request to close your Account with notice. Such cancellation will be effective five (5) days after DepositCloud has received such notice. If your Account is closed, you are still required to pay everything you owe to OWNER (including, without limitation, any amounts that remain outstanding under the LEASE). Until your obligations under the LEASE have been fully paid and the Account is closed, we may, in our discretion, close your Account at any time without modifying or altering your obligations under the LEASE in any way. If you or we close your Account, we may return excess funds in your Account to you by any of the following means: (i) by a transfer of the funds to a bank Account you designate, and with your authorization; (ii) by sending a check to you at the address we have in our records; or (iii) some other method deemed sufficient by us. You agree that if the Account is closed for any reason, we may apply the funds in this Account to pay off any amounts due to OWNER under the LEASE (including any remaining amounts under the Payment Plan). If a check we send to you is returned by the Post Office as undeliverable and if we cannot locate you, we will hold the funds from your Account until you either contact us and provide information on how to send the funds to you or until we are required to remit your funds to a state under an applicable unclaimed property law, whichever occurs first. For this reason, it is important you update your contact information with us if your email address, mailing address or telephone number changes.
- 4.) DepositCloud’s Liability to You:
- Acts and Omissions of Other Financial Institutions. We will not be liable for the intentional wrongdoing or the lack of ordinary care by any financial institution to which we have forwarded a check, draft, or other order or instruction for the payment, transfer or withdrawal of funds (an “Item”) for deposit to your Account.
- Waiver. If DepositCloud waives any of its rights on any one occasion, it will not be considered a waiver of DepositCloud's rights on any other occasion.
- Verification of Transactions; Rights to Reverse Erroneous Credits. All transactions, including without limitation those for which we have provided a receipt, are subject to our final verification. We may reverse any credit it has erroneously made to your Account, or for which funds were not finally collected by us, at any time without prior notice.
- General limitations. We will have no liability to you with respect to your Account, other than as provided in this Agreement. We will meet our duty to care for your Account if we exercise ordinary care in the transaction at issue. When we take an Item for processing by automated means, “ordinary care” does not require that we examine the Item. “Ordinary care” requires only that we follow standards that do not vary unreasonably from the general standards followed by similarly situated banks. A mere clerical error, or an honest mistake, will not be considered a failure of us to perform any of its obligations. Unless imposed by law, we will not be liable for consequential, special, punitive or indirect loss or damages. You agree that this Agreement is between you and DepositCloud, and OWNER has no liability to you for any claims related to this this Agreement or your Account.
- 5.) Endorsements: We are authorized to supply your endorsement to any Item taken for collection, payment or deposit to your Account.
- 6.) Withdrawals: Funds deposited by you in the Account will be used to satisfy your obligations under the LEASE, upon claim by OWNER during occupancy, or closure of your Account occurs, subject to section 3. above. You agree that you will continue to pay on this Account until your obligations under the LEASE have been fully paid and the Account has been closed. See “Closing Your Account; Returning the Funds” above for terms and conditions regarding return of the funds and closure of your Account.
- 7.) Deposited Items Returned Unpaid: We have the right to charge back to your Account any Item deposited to your Account that is returned. We have the right to pursue collection of such Items, even to the extent of allowing the payor bank to hold an Item beyond the midnight deadline in an attempt to recover payment. These collection efforts may include sending such Items back for collection one or more times. We will have no liability for resubmitting or not resubmitting these Items (or for taking any other action we consider reasonable to recover payment) without notice to you.
- 8.) Non-Interest-Bearing Account: No interest will be paid on this EasyPay Account.
- 9.) Fees: There are fees assessed by DepositCloud with respect to the Account; provided, you select Unlimited plan, a one-time Enrollment Fee for the Account, in addition to a recurring Monthly Maintenance Fee, paid by you, to DepositCloud, to the extent provided in your Agreement. Late fees may be charged to your Account if you fail to make the required monthly payment within 5 days of the Unlimited Payment Due Date; provided, further, that a Returned Payment Fee may be charged to your Account for any payment that is returned for any reason. In no event will any fees, penalties or other charges be assessed to you under this Agreement during any period that such fees, penalties, or other charges are prohibited by applicable laws.
- 10.) Electronic Fund Transfer Disclosures: If you provide cash to a participating retailer to make your payment to your Account (see “Funding Your Account” above) this transaction could be conducted as an electronic fund transfer ("Transfer"). This Section includes Electronic Fund Transfer Disclosures that supplement other disclosures in this Agreement.
- 11.) Transfer Types and Limitations: The only kind of electronic fund transfers that may be made to or your Account are those Transfers that occur when you provide cash to a participating retailer to fund your Account. See “Funding Your Account” for limitations on adding funds to your Account.
- 12.) We will facilitate on your behalf a resolution to any Transfer error generated in accordance with the Electronic Funds Transfer Act and Regulation E. In case of errors or questions about your funding Transfers call us at 1-855-339-4725 or write us at P.O. Box 13112, Everett, WA 98206 soon as you can, if you think your statement or receipt is wrong or if you need more information about a Transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When reporting an error or making an inquiry: (1) tell us your name and Account number; (2) 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; (3) tell us the dollar amount of the suspected error. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think is in error, so that you will have the benefit of your money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive it within 10 business days, we may not credit your Account. For errors involving a new Account, we may take up to 90 days to investigate your complaint or question and we may take up to 20 business days to credit your Account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
- 13.) Receipts: You will receive a receipt at the time you make payment. That receipt could describe your payment in various ways, including “DepositCloud,” “EasyPay,” “or “DepositPal.”
- 14.) Statements: We will provide periodic statements for your Account (as part of your billing statement for your Account) electronically by notifying you by email and or SMS that your statement is available. When you receive this email or SMS, you will need to login to your Account at www.depositcloud.com to view and print your statement.
- 15.) Business days: Our business days are every day except Saturdays, Sundays and federal holidays.
- 17.) Consent to Electronic Disclosures: This Account is only available electronically. In order for you to obtain and maintain the Account, you agree to receive all disclosures electronically. Those disclosures will include your periodic statements, annual privacy notices, any change in terms notices, and any other disclosures that we are required or choose to provide to you (collectively, the "Account Materials"). In order to receive these Account Materials electronically, you must have the following systems (the "System Requirements"):
- a personal computer
- Microsoft Windows 7 or Mac OS 10.X or higher
- a secure (encrypted) Web Browser (Firefox 38 or higher, Internet Explorer 11 or higher, Chrome 43 or higher, Safari 8 (Mac) or higher)
- Internet access through an Internet Service Provider (ISP)
- a valid email address
- for viewing electronic account statements, Adobe Reader. To download a free copy of Adobe Reader, please visit https://get.adobe.com/reader/
- 18.) Account Credentials: As a condition of accessing your Account, you are required to enroll for account credentials ("Account Credentials"). To enroll for Account Credentials, you will: (1) provide true, accurate and complete information about yourself in the registration form; (2) maintain and promptly update such information; and (3) establish a username and password which you will keep secure. You agree not to provide access to your Account Credentials together with your user username and password to others. You are solely responsible for protecting the security of your Account Credentials on your device. DepositCloud shall have no liability associated with or arising from your failure to maintain accurate registration information. You are responsible for all use of your Account Credentials and for ensuring that use of or access to your Account Credentials complies fully with this Agreement.
- 19.) Governing Law: You understand and agree that (i) this Agreement is subject to applicable federal laws and, to the extent not preempted by federal law, the laws of the State of New Hampshire, and (ii) your Account was opened or will be continued after approval by us in the State of New Hampshire. If any provision of this Agreement is in conflict with applicable law, that provision shall be considered modified to the extent necessary to comply with such law.
- 20.) Force Majeure: Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under this Agreement if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).
- 21.) Prior Agreements: This Agreement supersedes any other agreement previously entered into between DepositCloud and you related to the repayment of obligations arising under your LEASE.