TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) are designed to provide you with information on Richdale Online Payment and Online Application Service (“Service”) and outline important conditions which apply to your using this Service. This Service is provided by Richdale Management, Inc. (“Richdale”). The Service is subject to certain consumer bank regulatory protections. When you initiate an online payment with Richdale 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 a copy in a safe place. BY USING THE SERVICE, YOU ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT EXCEPTION:
1. Definitions. “You”, “Your” or “I” refers to the tenant using the Online Bill Payment Service or the prospective tenant using the Online Application Service. “We”, “Us”, “Our” or “Richdale” refers to Richdale Management, Inc. “ACH” refers to an Automated Clearing House transaction. “Bank Account” refers to Your personal checking or savings bank account from which an electronic ACH debit transaction or Your personal credit card or debit card from which a transaction will be deducted.
2. Online Application Terms and Conditions. By submitting an electronic application, You hereby apply to rent an apartment in the selected community and warrant that all statements in the application set forth are true, acknowledge that false information may constitute grounds for rejection of this application, termination of right of occupancy and/or of deposits. You hereby apply to lease the described premises for the term and upon the conditions set forth herein.
You hereby give permission to Richdale and its affiliates to communicate with Your current and former landlord or property manager, current and former employer(s) and/or supervisor(s) for the purpose of verifying the information listed on Your application and any and all facts and circumstances of Your current/former tenancy or employment. You understand there are no limitations or restrictions regarding what may be discussed or revealed. You are aware that a credit history, eviction search and criminal background check will be done in conjunction with Your application. You understand that You may have the right to make a written request within a reasonable period of time to receive additional information about the nature/scope of this investigation.
You also agree that a non-refundable application fee (“AppFee”) shall be paid with this application, and that Your application is an offer to rent and does not imply acceptance of Your application by Richdale. You may also be required to pay an Administrative Fee (“AdminFee”) at time of application, and upon application approval, a Security Deposit (“Deposit”). The AdminFee is separate and distinct from any Deposit. The AdminFee is Non-Refundable, except in the instance when Richdale denies Your application. Nothing contained in this paragraph is intended to construe/make the AdminFee or AppFee a security deposit under any applicable law as such costs are due Richdale for reserving the specific apartment, and deferring administrative costs for processing Your application.
You acknowledge that You are required to buy and maintain renter's insurance effective on Your move-in date, must provide evidence of such renter's insurance prior to approval of Your application for residency, and must meet policy requirements listed at http://www.richdale.com/insurance-requirements.
Floor plans are subject to field modifications and availability. Actual units may vary from display units or printed floor plans and are leased "as is". Each individual community has parking restrictions. Pricing is not guaranteed until approval of application and acceptance by Applicant with a deposit.
You further understand that if You or your co-applicants withdraw this application or do not sign the lease as provided, after application processing has begun, the Application Fee, Administration Fee and any deposits paid is due Richdale as liquidated damages.
By accessing and using this site, You agree to the terms and conditions of these Terms and Conditions without limitation or qualification.
3. Services Offered. The Service allows You to authorize Richdale and its associated third party vendors to i) initiate a one-time ACH debit transaction from Your checking or savings account to pay Your monthly rent; and ii) initiate a one-time ACH debit transaction or one-time credit card or debit card transaction for initial application related charges . The Service is only accessible using Your Richdale resident account and password. A unique identification number will be generated that will be used by Richdale’s third party vendors to initiate the credit card, debit card, or ACH debit 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. You acknowledge and agree that Your monthly rental payments can only be made via a tenant initiated ACH debit transaction. You cannot make your monthly rental payments via a credit card or debit card transaction. The ACH debit transaction is not a recurring transaction and must be initiated by You each month.
4. Authorized Users. You may authorize one or more third parties to access the Service to authorize payment from your checking, savings, credit or debit card accounts to Richdale. By selecting to utilize the Service, You hereby consent to granting access to Occupants, of any and all ages, to Your ledger account, financial transactions, and related information.
5. 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.
6. Transaction Limitations. Please be aware that certain types of bank accounts have limits on the numbers of transfers or withdrawals that may be made per month. For instance, only six transfers and/or withdrawals per month may be made from a savings or money market deposit account by preauthorized or automatic transfer. Your bank or other financial institution may refuse transfers which would exceed such limits, so We recommend that 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 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 We will not be held liable for any costs, damages, etc., 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.
7. Business Days. Our business days and hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. CST, excluding national holidays (“Business Day”).
8. Cutoff Hours. If We receive payment authorizations from You on or before 3:00 p.m. Central 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. Payments will be credited to Your account balance on the day received. Once the authorization is given, We cannot stop the debit from Your account.
9. Fees. You hereby authorize Richdale to initiate an ACH debit transaction from Your Bank Account in an amount equal to the monthly rent and related charges per the terms of Your apartment lease or initial application related charges. You hereby authorize Richdale to initiate a credit card or debit card transaction for initial application related charges. You acknowledge that the origination of an ACH debit transaction or a credit card and debit card transaction from Your Bank Account must comply with the provisions of U.S. law. This authorization will remain in full force and effect until the date upon which We have received notification from You of Your election to terminate this authorization in such time and in such manner as to afford Richdale and Your financial institution a reasonable opportunity to act on it.
You agree to maintain balances sufficient to pay all requested payments, and agree that Richdale shall not be liable for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by Your failure to maintain funds sufficient to pay all payments issued through the Service. You further agree that Richdale may charge a service fee, pursuant to the terms of Your apartment lease, for any charge, ACH debit or credit card and debit card transactions that results in a returned entry, including, but not limited to, returns resulting from insufficient funds in Your Bank Account, closure of Your Bank Account or incorrect Bank Account or routing information provided by You. You agree that We will not be responsible for any expense that You may incur from exceeding Your credit limit or overdraft of Your Bank Account as a result of a payment made pursuant to this Service.
10. 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.
11. Confidentiality. We will never sell any personally identifiable Bank Account information to a third party for marketing purposes without Your consent. We will only disclose Bank Account information to unaffiliated third parties about Your Bank 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.
12. Your Liability. You agree to regularly and promptly review and verify all transactions either on Our Internet page or through the monthly statements received from Your bank holding the account(s) used in the transaction. You are required to tell Us AT ONCE if You believe that the codes provided to access the Service have been stolen or used by an unauthorized person. Telephoning Richdale is Your best way of keeping Your possible losses to a minimum. Please call Richdale’s Corporate Office at (402) 391-7900 and ask to speak to the Online Accounts Receivable Manager. Richdale can also be contacted at the address provide in Section 18 (NOTICES). If You tell us within two (2) Business Days, You can lose no more than $50.00 if someone accesses the Service without Your authorization. If You do not tell us within two (2) Business Days after You learn of such unauthorized use, and We can prove that We could have prevented the unauthorized use if You had told us, You could lose as much as $500.00. If Your bank statement shows transactions by Us that You did not authorize, tell Us at once. If You do not tell Us within 60 days after the statement was mailed to You, You may not get back any money You lost after the 60 days, if We can prove that We could have stopped someone from taking the money if You had told us in time.
13. Our Liability. You acknowledge payment may display on your resident ledger, prior to funds being withdrawn from Your Bank Account. If We do not complete a payment which You have authorized in a timely manner, in accordance with the Terms and Conditions herein, We will be liable for Your losses or damages proximately caused by Our failure to complete a payment. However, We will NOT be liable when: 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 funds in Your account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time and We attempt to debit Your account for an authorized payment(s); c) The information You or Your payees have supplied to Us is incorrect, incomplete or not timely; d) Such payment would exceed an established credit limit; or e) There may be other exceptions as well.
14. In Case of Errors or Questions About Transfers From Your Account. ALL QUESTIONS ABOUT TRANSACTIONS UNDERTAKING USING THE SERVICE MUST BE MADE DIRECTLY TO RICHDALE’S CORPORATE OFFICE AT THE ADDRESS PROVIDED IN SECTION 18 (NOTICES) AND NOT TO THE PROPERTY OFFICE, BANK 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. SAVE THE RECEIPT THAT IS GENERATED WHEN YOU USE THE SERVICE AND CHECK IT AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If You have any questions about a transaction initiated using Our Service, call or write Us at the number and address listed above.
If You think Your statement or receipt is wrong or if You need more information about a transfer listed on the statement or receipt, please contact Us as soon as possible at the number above, but no later than 60 days after the FIRST bank statement on which the problem or error appears. 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 to Us in writing within 10 business days to fully preserve Your rights. Please submit Your complaint or question in writing to to the address provide in Section 18 (NOTICES).
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.
15. Change In Terms. It is possible that Our Terms and Conditions may change over time and said changes will be posted on the online bill payment web site. Prior notice may not be given, however, where an immediate change is necessary for security purposes. You may not delete or alter any part of this Agreement unless done in writing by separate Rider hereto and signed by the Online Accounts Receivable Manager. Any strikeouts, white-outs, deletions, additions, or alterations to the pre-printed Terms and Conditions of this Agreement shall not be recognized as valid.
16. LIMITATIONS. YOU AGREE THAT NEITHER WE, NOR LANDLORD OR PROPERTY OWNER NOR ANY THIRD PARTY INVOLVED IN CREATING OR DELIVERING THIS SERVICE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THIS SERVICE. 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.
17. No Waiver; Severability. If We fail to enforce any of Our rights under this Terms and Conditions, routine business practices 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.
18. Authorization Agreement for Payment via Electronic ACH Debit, Credit or Debit Card Terms and Conditions. You affirm and certify to, and indemnify, Richdale that You are an authorized signatory on the Bank Account.
2. You i) authorize Richdale to initiate a one-time payment via an ACH debit transaction from Your Bank Account for the applicable monthly rental payment and to credit the ACH debit transaction to Your monthly rental account balance for Your respective Richdale apartment community; and ii) authorize Richdale to initiate a one-time payment via an ACH debit transaction or a one-time credit card or debit card transaction for initial application related charges. Transaction dates that fall on a weekend or banking holiday will be processed the next Business Day.
You You acknowledge and agree that credit card and debit card transactions are only available for initial application fees. You acknowledge and agree that Your monthly rental payments can only be made via an ACH debit transaction from Your checking or savings account and in no event can You make your monthly rental payments via a credit card or debit card transaction.
Wh When You provide a check as payment, You authorize Us either to use information from Your check to make a one-time electronic ACH debit transaction from Your Bank Account or to process the payment as a check transaction. When We use information from Your check to make an electronic ACH debit transaction, funds may be withdrawn from Your Bank Account as soon as the same day You make Your payment, and You may not receive Your check back from Your financial institution. When You provide credit card or debit card information for payment, You authorize Us to use information from Your credit card or debit card to make a one-time charge from Your Bank Account. When We use information from Your credit card or debit card to make a payment, funds may be withdrawn from Your Bank Account as soon as the same day You make Your payment. Richdale shall provide a receipt for your payment upon request.
5. APPLICABLE BANK ACCOUNT PAYMENT: Applicable Bank Account Payments consist of any and all monthly rental amounts, including but not limited to charges for parking, utilities, amenities, cable/satellite, insurance, fines, late fees, damage fees and maintenance charges.
6. CANCELLATION: You may not cancel this authorization once the ACH debit transaction or a credit card and debit card transaction request has been submitted.
7. NOTICES: Any Notices required under this Agreement must be in writing and may be sent via: US Mail, private courier, personal delivery or facsimile. Notices to You shall be to the then current address of record (“Address”) for the apartment community unit (“Unit”) as contained in Richdale’s records, as updated from time to time. (Note: address of record for Unit in Richdale’s records may not be the same as the address shown in this Agreement). Notices to Richdale shall be directed as follows:
Attn: Online Accounts Receivable Manager
10040 Regency Circle, Suite 200
Omaha, NE 68114
Phone: (402) 391-7900
Facsimile: (402) 390-5295
8. Richdale does not have the option to update or change the amount of the Applicable Bank Account Payment upon Your submission of the ACH debit transaction or a credit card and debit card transaction. In the event of an error, You must contact Richdale at the address and phone number noted above.
9. REPRESENTMENT OPTIONS: Insufficient funds “NSF”/uncollected ACH debits will not be represented. You are responsible to deliver to Richdale replacement funds for NSF/uncollected/invalid/closed account ACH transactions.
10. INDEMNIFICATION: YOU SHALL INDEMNIFY AND HOLD RICHDALE, ITS AFFILIATES, INCLUDING THE LANDLORD AND PROPERTY OWNER, AND THEIR AFFILIATES, OFFICERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, AND EMPLOYEES (HEREINAFTER “COVERED PARTIES”) HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, LOSSES AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, INCURRED BY RICHDALE OR COVERED PARTIES, ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT THOSE ARISING BY REASON OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RICHDALE OR COVERED PARTIES. THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. IN NO EVENT SHALL RICHDALE OR COVERED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS; OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IF PERFORMANCE BY RICHDALE OR COVERED PARTIES OF ANY SERVICE OR OBLIGATION UNDER THIS AGREEMENT IS PREVENTED, RESTRICTED, DELAYED OR INTERFERED WITH BY REASON OF, INCLUDING BUT NOT LIMITED TO, LABOR DISPUTES, STRIKES, ACTS OF GOD, FIRE, FLOODS, LIGHTNING, EARTHQUAKES, SEVERE WEATHER, UTILITY OR COMMUNICATIONS FAILURES, FAILURES OF THE ORIGINATING DEPOSITORY FINANCIAL INSTITUTION, THE ACH NETWORK, CREDIT CARD OR DEBIT CARD NETWORK, COMPUTER ASSOCIATED OUTAGES OR DELAYS IN RECEIVING ELECTRONIC DATA, WAR, CIVIL COMMOTION, OR ANY LAW, ORDER OR REGULATION, ETC. HAVING LEGAL EFFECT, THEN RICHDALE AND COVERED PARTIES SHALL BE EXCUSED FROM THEIR PERFORMANCE HEREUNDER TO THE EXTENT OF THE PREVENTION, RESTRICTION, DELAY OR INTERFERENCE.
11. This Agreement will be governed and construed in accordance with the laws of the State of Nebraska.