RentMoola Terms of Use

Sole Proprietor Managers

Your use of the Services offered by RentMoola Payment Solutions Inc. (referenced here as "RentMoola", "us", "we" or "our") is governed by this Agreement between you and RentMoola.

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND RENTMOOLA. IN ORDER TO USE THE SERVICES, YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU MUST READ, AGREE WITH AND ACCEPT OUR PRIVACY POLICY, AVAILABLE AT: https://rentmoola.com/privacy.

BY USING THE SERVICES, OR BY CLICKING THE "I ACCEPT" BUTTON, YOU: (1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME; (2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE 18 YEARS OLD OR OLDER OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING; AND (3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT. IF YOU ARE A THIRD PARTY ACCESSING AN ACCOUNT ON BEHALF OF A PAYEE (E.G., AS AN ADMINISTRATOR, CONSULTANT, ANALYST, ETC.), YOU AGREE THAT THESE TERMS APPLY, MUTATIS MUTANDIS, TO YOUR ACTIVITIES ON BEHALF OF SUCH PAYEE.

In consideration of, and in reliance on, the representations, warranties, covenants and agreements set forth in this Agreement, the parties agree as follows:

1. Performance by RentMoola

During the term of this Agreement, RentMoola will:

(a) make the RentMoola Platform and Services available to the Client and their Residents;

(b) provide 48 hours notice, by e-mail or otherwise, of any planned maintenance windows or service interruptions in connection with the Services;

(c) give access to real-time reporting at rentmoola.com;

(d) deliver digital copies of all co-branded marketing material including:

(i) E-mail Templates

(ii) Posters (11' x 17')

(iii) Post Cards (4' x 6')

(iv) Handouts / Letters (8.5' x 11')

(e) assign a dedicated RentMoola Customer Success Representative that will facilitate:.

(i) Unlimited online training

(ii) Assistance with bank reconciliation

(iii) Website integration

(iv) Marketing material

(v) Tenant on-boarding and support

2. Performance by the Client

During the term of this Agreement, the Client will:

(a) offer the RentMoola Platform and Services to all Residents;

(b) participate in RentMoola's marketing plan to promote the RentMoola Platform and Services;

(c) the Client shall use RentMoola's invite function to invite Residents via e-mail to pay their rent using the RentMoola Platform and Services;

(d) the Client will at all times use the RentMoola Platform and Services in compliance with PCI Data Security Standards; and

(f) the Client will at all times use the RentMoola Platform and Services in conjunction with all policies, practices and procedures of RentMoola in effect from time to time.

3. Fees and Service Options

3.1 Option 1: FREE

The Services will be provided and/or made available to the Client at no charge on the following terms and conditions:

(a) The Client will commit to the Tenant On-Boarding Schedule as attached in Appendix A;

(b) The Client will make RentMoola the preferred payment method for all Residents; and

(c) The Client will include reference to and will make the RentMoola Platform and Services available in the Client's leases, condominium or strata documents and on the Client's website, if applicable.

3.2 Option 2: TRIAL

The Services will be provided and/or made available to the Client on a trial basis with no on-boarding commitments and on a use "as needed, when needed" basis on the following terms and conditions:

(a) The Client will pay a one-time set up fee (including the Risk & Compliance Audit) of $39.98 exclusive of the applicable taxes; and

(b) The Client will pay a monthly account maintenance fee of $14.98/Account

3.3 Fees Payable by Residents

The fees payable by the Residents who utilize the RentMoola Platform and Services will be in accordance with RentMoola's terms of use as contained at https://rentmoola.com/terms, as amended or replaced from time to time at RentMoola's sole, absolute and unfettered discretion. As at the date of this Agreement, the fees payable by the Residents are as follows:

(a) Payments made by debit will incur a fee of $0.00; and

(b) Payments made by credit card will incur a fee of up to 2.75% on the amount of the payment.

4. Term and Termination

4.1 Term

This Agreement shall be for an initial term of twelve (12) months commencing on the Effective Date (the "Initial Term") and shall automatically renew at the end of each successive term unless terminated in accordance with the terms and provisions of this Agreement.

4.2 Termination

Either party may terminate this Agreement on 30 days notice in writing for any reason or no reason at all without further obligation to other party.

5. Confidential Information and Client Property

5.1 Confidential Information

In the course of having carried out, carrying out and performing the services to the Client, the parties may have and will continue to obtain access to and be entrusted with Confidential and Proprietary Information (as hereinafter defined) relating to the business and affairs of the parties. For the purposes of this Agreement, any reference to "Client" shall mean the Client and its affiliates and subsidiaries.

5.2 Terms

The term "Confidential and Proprietary Information" as used in this Agreement means:

(a) names;

(b) addresses;

(c) e-mails;

(d) quantum of rent, condo, strata or other fees paid by, or relating to the Residents: and

(e) RentMoola fees and proprietary processes.

5.3 Exceptions

Confidential and Proprietary Information will not include information that:

(a) is or has been available to the public (other than as a result of disclosure by the other party);

(b) is or has been available to one party on a non-confidential basis prior to its being provided to that party by the other party;

(c) is or has become available to a party on a non-confidential basis from any source (other than the other party), provided that such source is not bound by a confidentiality or similar agreement with the Client or any person in respect of such information; or

(d) is required by law to be made available by or to RentMoola or any other person on a non-confidential basis, provided however that the burden of proving reliance upon the foregoing exceptions shall be on RentMoola.

5.4 Disclosing Party

The parties acknowledge and agree that the Confidential and Proprietary Information is and will remain the exclusive property of the Discloser. The parties also agree that the Confidential and Proprietary Information constitutes a proprietary right which the parties are entitled to protect, and constitutes information and knowledge not generally known to the trade.

5.5 Client Property

RentMoola understands that the Client has from time to time in its possession information belonging to others or which is claimed by others to be confidential or proprietary and which the Client has agreed to keep confidential. RentMoola agrees that all such information shall be Confidential and Proprietary Information for the purposes of this Agreement.

6.Use of Confidential Information

6.1 The parties agree to maintain securely and hold in strict confidence all Confidential and Proprietary Information received or acquired 
from the Disclosing Party as a result of or in connection with this Agreement. The parties agree to continue to hold the Confidential and Proprietary Information in strict confidence at all times after the termination of this Agreement for whatever reason. Each of the parties agree not to disclose any of the Confidential and Proprietary Information to any person, firm or corporation, 
nor will the party use any of the Confidential and Proprietary Information for any purpose other than in the normal and proper course of the party's duties either during the term of this Agreement or at any time afterwards without the express written consent of the Disclosing Party. Each of the parties will use its/his/her (as applicable) best efforts to protect and safeguard Confidential and Proprietary Information from, without limitation, loss, theft, destruction or seizure. Each of the parties agree to notify the other party immediately upon discovering of any unauthorized use or disclosure of Confidential and Proprietary Information or any other breach of this Agreement.

7.Promotions and Marketing

7.1 Promotions and Reference to Property Manager

Either party may make public announcements, issue statements and/or issue press releases referring to the other party for marketing and promotional purposes. Further, the Client acknowledges and agrees that RentMoola may refer to the Client by trade name, trademark and logo as a customer and may briefly describe the Client's business in its marketing materials, including RentMoola's web site.

8. Intellectual Property Rights

8.1 Title and Ownership

Title to, ownership of, and all interest in any and all rights in any intellectual property held by RentMoola including ideas, inventions, original works of authorship, developments, proprietary information, confidential knowledge, business plans, improvements, industrial designs, trade secrets, patents, trademarks, logos, designs and slogans, copyright, software and software codes (the "Intellectual Property Rights"), and all modifications or derivatives thereof, are reserved unto and at all times shall remain the property of RentMoola. This Agreement in no way vests the Client or any other person with any proprietary interest in any part of the Intellectual Property Rights held by RentMoola.

9.General Provisions

9.1 No Agency Relationship Created

The parties have no authority to enter into any agreements, assume any obligations, or incur any liabilities whatsoever on behalf of the other party or which could be binding upon the other party. The parties will make such lack of authority clear to all persons with whom it deals in the course of fulfilling its obligations under this Agreement.

9.2 Independent Parties

Nothing contained in this Agreement shall be construed to place the parties in the relationship of principal and agent, franchisor and franchisee or partners. No representations shall be made or acts taken by either party which could establish any apparent relationship of agency, joint venture, partnership or franchise, and neither party shall be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person, or by any other action of the other party.

9.3 Governing Law

This Agreement and its application and interpretation will be governed exclusively by the laws of British Columbia and the laws of Canada applicable in British Columbia and the parties attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia.

9.4 Notices

All notices, requests and other communications to any party hereunder will be in writing and sufficient if delivered personally or sent by electronic mail (with confirmation of receipt) or by registered or certified mail, postage prepaid, return receipt requested, to the address first set forth above or to such other address as the party to whom notice is to be given may have furnished to the other party in writing in accordance herewith. Each such notice, request or communication will be deemed to have been given when received or, if given by mail, when delivered at the address specified in this section or on the fifth business day following the date on which such communication is posted, whichever occurs first.

9.5 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written, oral, express or implied, statutory or otherwise, including without limitation any prior written or oral agreements between RentMoola and the Client that were entered into before the date of this Agreement first set out in this Agreement.

9.6 Severability

The invalidity or enforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision or part of this Agreement, and the parties hereby undertake to renegotiate in good faith any such invalid or unenforceable provision, with a view to concluding valid and enforceable arrangements as similar as possible to those contained in this Agreement.

9.7 Waiver

No waiver by RentMoola or the Client or any breach or any provision hereof will be deemed a waiver of any prior or subsequent breach of the same or any other provision. The failure by RentMoola or the Client to exercise any right provided herein will not be deemed on any subsequent occasions to be a waiver of any right granted hereunder to RentMoola or the Client.

9.8 Survival

In the event of any expiration or termination of this Agreement, for any reason whatsoever, sections 5, 6 and 8 inclusive, and any other provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, will survive and remain in effect until all obligations are satisfied.

9.9 Execution

This Agreement and any amendments, waivers, or supplements may be executed in any number of counterparts and in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all of which counterparts together shall constitute one and the same instrument. This Agreement shall become effective upon the execution of a counterpart hereof by each of the parties hereto. This Agreement may be validly executed and delivered by facsimile, portable document format (.pdf) or other electronic transmission (including e-mail), and delivery of an executed counterpart of a signature page to this Agreement by facsimile, portable document format (.pdf) or other electronic delivery (including e-mail) shall be as effective and binding as delivery of a manually executed counterpart thereof.