These resident terms of use (the "Agreement") are between the person or entity accepting them ("you", "your" or "Resident") and PayQuad SolutionsInc. ("PayQuad" or "we").
This is a legally binding Agreement, please read it carefully before accepting. There's a glossary in section 21 at the end of this Agreement that gives definitions of the words that are capitalized.
Acceptance.
This Agreement is between you and PayQuad and takes effect by way of electronic acceptance by you by clicking "I agree" or some similar language at www.payquad.com (the "Site"). We'll call the date of your acceptance, the "Effective Date".
Services.
PayQuad agrees to provide the Services according to this Agreement. You can use the Services only for Properties and Units where you're the party to a Resident Agreement (such as a lease where you are a tenant).
Collection, Use, Storage And Disclosure Of Personal Information. YOUR PRIVACY IS OF PARAMOUNT IMPORTANCE TO US.
YOU AUTHORIZE PAYQUAD TO COLLECT, PROCESS, STORE AND DISCLOSE YOUR (I) NAME; (II) E-MAIL ADDRESS; (III) RESIDENTIAL ADDRESS; (IV) BANK ACCOUNT INFORMATION AND OR CREDIT CARD INFORMATION; (V) TERMS OF RESIDENT AGREEMENT; AND (VI) INFORMATION CONCERNING PAYMENTS MADE UNDER RESIDENT AGREEMENT (BEING "RESIDENT DATA") FOR THE PURPOSE OF (A) INVITING YOU TO ACCEPT A PAD AUTHORIZATION; (B) ASSISTING LANDLORD IN DEBITING YOUR DESIGNATED ACCOUNT RESIDENT FEES PAYABLE; (C) INFORMING LANDLORD OF RESIDENT FEES PAID; (D) CAUSING RESIDENT FEES TO BE SETTLED BY ITS PROCESSOR TO LANDLORD; (E) PROVIDING REPORTING TO RESIDENT AND LANDLORD ON ALL OF (A), (B), (C) AND (D); AND (F) PROVIDE THE SERVICES TO YOU.
YOU ALLOW PAYQUAD TO E-MAIL YOU OR MAIL YOU IN ORDER TO OFFER RELATED PRODUCTS OR SERVICES IN ADDITION TO THOSE CONTEMPLATED IN THIS AGREEMENT.
RESIDENT DATA COLLECTED BY PAYQUAD IS SUBJECT TO PAYQUAD'S PRIVACY POLICY, LINKED HERE AND ALSO AVAILABLE AT THE SITE. PAYQUAD'S PRIVACY POLICY IS INCORPORATED BY REFERENCE AS IF SET FORTH IN FULL HEREIN.
By accepting this Agreement you are giving permission to the Landlord/Property Manager to release the information to PayQuad needed to setup and administer your online account. Any new information/data that will arise from using the Services can be mutually shared by the Landlord/Property Manager and PayQuad to administer your account.
Account.
PayQuad will allow you to create a unique and private Account accessible through the Service and allow you to access codes for the Account. The Account is a record of Resident Transactions and Service Fees. You may not disclose the access codes or permit any third party to use them. Any such disclosure or permission shall entail a penalty of forfeiture of the Account in entirety. Without limiting the penalty on you in the preceding sentence, you assume full responsibility for your use of the Account and the access codes; you agree to indemnify PayQuad for any and all claims, losses or other liabilities arising therefrom. Except as required to deliver the Services or as otherwise required by law, PayQuad shall not grant any third party, other than the Landlord, access to your Account.
Prohibited Activities.
It is forbidden to use the Services to, directly or indirectly, knowingly or unknowingly assist in any illegal activity or any Prohibited Activity. Please take a moment to read the list of Prohibited Activities in the Glossary below. You may not use the Services in respect of any Property that is outside of the Territory.
Prohibited Residents.
The following Persons are prohibited from using the Services: (i) Persons who appear on Canada's Anti-Terrorism Act, Listed Entities list; (ii) Persons who are less than 18 years of age; and (iii) Persons, or their Affiliates who have been parties to an agreement with PayQuad that has been terminated for cause.
Your Obligations.
General representations. You represent and warrant to PayQuad that: (i) you are the Resident, user, beneficiary or person responsible for obligations to the Landlord under the Resident Agreement for the Unit; (ii) you have full authority to enter into this Agreement and that all necessary approvals have been obtained to enter into this Agreement; (iii) you are willing, capable and experienced to perform all of its obligations and services as provided for and contemplated by this Agreement; and (iv) as either element of a Resident Agreement or separately, prior to paying by PAD, you have an executed PAD Authorization with Landlord authorizing the Landlord to collect Resident Fees by PAD through the Service. You may also have executed a PAD Authorization together with accepting this Agreement.
Service Fees. You shall pay all Service Fees when due. In the event that a Transaction fails due to insufficient funds or any other reason, a fee may be automatically added to the Service Fees that you agree to pay, or charged directly by your management company. Additional fees may also be assessed by your bank.
Resident Agreement or PAD Termination. You shall notify PayQuad immediately of termination of any Resident Agreement or any PAD Authorization. If we haven't been given notice of the termination of either, we will assume that they are both still in effect.
Accuracy of Information. You are liable for the accuracy or completeness of information provided to Landlord or PayQuad. For example purposes only, if you provide PayQuad with an incorrect Designated Account, PayQuad shall not be liable for Resident Fee payments settled from such incorrect account; you assume sole and exclusive responsibility for such errors. Where there is a difference between a blank cheque that you give us and other bank account information that you give us at the same time, we will rely on the blank cheque as a source of Designated Account information.
Refunds, cancellations and charge backs. If the Transaction is completed in accordance with the terms of this Agreement, Resident accepts and agrees that no refunds, cancellations or charge backs are permitted through the Service, except as set out in Section 11 below. In the event that a payment is refunded, cancelled or charged back by Resident's Card issuing bank or another person, PayQuad is not obligated to return any of the associated Service Fees, irrespective of the reason for such refund, cancellation or charge back. If the Transaction is processed in accordance wit the terms of this Agreement, Resident agrees not to request a refund, cancellation or charge back of Service Fees from Resident's Card issuing bank or any other person. Resident will need to work with the Landlord for any refunds.
Electronic Signatures.If you choose to use the electronic signature execution functionality when signing a document, you agree that such signature will be as valid as handwritten signatures and considered originals to the extent allowed by applicable law.
PayQuad Obligations.
Representations. PayQuad hereby represents and warrants to you that it is duly organized, validly existing and in good standing under the laws of Canada; and it has the authority to execute and deliver this Agreement.
PayQuad shall not intentionally or knowingly violate any Applicable Laws.
Subject to the PAD Authorization, PayQuad shall debit the Designated Account for Resident Fees in varying amounts throughout the Term of this Agreement.
Reporting. PayQuad shall provide you with reports as to Transactions and Service Fees under the Account.
No Representations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYQUAD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES PROVIDED BY PAYQUAD OR THAT THE OPERATION OF THE SERVICES WILL BE INTERRUPTION OR ERROR FREE. PAYQUAD DOES NOT REPRESENT OR WARRANT THAT THE PAYQUAD SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR- FREE.
PAD Transaction Settlement.
As agent for Landlord, or in its own capacity, as per the PAD Authorization, PayQuad has the right to use its processor to debit Resident Fees payable under the Resident Agreement from the Designated Account. PayQuad shall then cause its processor to settle such funds to Landlord. PayQuad has been mandated by Landlord to present to you a PAD Authorization for acceptance through the Site.
Refunding, returning or reversing Transactions. PayQuad has no obligation to refund, return or reverse any Transaction; any and all refunds, returns or reversals of Transactions that Landlord wishes to carry out shall be the sole and exclusive responsibility of Landlord, provided that PayQuad may, at its sole discretion assist in such transactions at its sole and absolute discretion.
Where PayQuad has settled Resident Fees to Landlord and such Resident Fees are required to be returned to Resident on account of the deficiency of a PAD Authorization or for any other reason, Resident shall look to Landlord alone and not to PayQuad for reimbursement of all such Resident Fees.
Receipt. PayQuad may, but is not required to, deliver to each Resident a Receipt, in the name of Landlord, for each amount of Resident Fees that are subject to a Transaction. PayQuad makes no representation to Resident that Landlord shall honour each such Receipt as if it were issued by Landlord itself.
Card Transaction Settlement.
If Landlord accepts payment of Resident Fees by Card, and you enter your Card information for a Transaction through the Account or on the Site or by other means, then the supply of that information shall be your authorization to charge the Resident Card for the Resident Fees identified in the Account. PayQuad shall have no liability for any late settlements of Card or PAD payments.
Disputes, Errors and Lost Property.
Disputes. In the event of a dispute between PayQuad and either you or Landlord or an error in respect of a Transaction, you are required to inform PayQuad of the dispute within two (2) business days, then (i) PayQuad shall provide both you and Landlord with standard reporting concerning the specific Transaction; and (ii) PayQuad reserves the right (but has no obligation) to reverse the Transaction in question. All complaints concerning Landlord's services or Property shall be directed to the Landlord.
Errors. PayQuad has no liability under the Resident Agreement. You shall indemnify and hold PayQuad harmless from and against any and all liabilities of PayQuad that arise from or in relation to any Resident Agreement.
Lost Property. Where Transaction funds are payable to Landlord or to be returned to a Resident and, in either case, the recipient thereof cannot be found or their account is no longer active for which a PAD Authorization has been granted, PayQuad reserves the right to remit the Transaction funds to the provincial/territorial authority responsible for collecting lost property. Please keep your Account information up to date so this does not happen to you.
Intellectual Property Rights
PayQuad, or its assignee, is the sole owner or exclusive holder of all Intellectual Property and Intellectual Property Rights. In consideration of your payment of the Services Fees and/or compliance with all other terms of this Agreement, PayQuad grants you a non-exclusive, non-transferable, non-sublicensable and revocable right and license to use the Services during the term of this Agreement. PayQuad reserves all rights not expressly granted to you in this Agreement.
Service Fees
You shall pay Service Fees for use of the Services. Pursuant to instructions from Resident, when Resident initiates any Transaction or requests a Service for which Service Fees are applicable, the Service Fees will be deducted from Designated Account in addition to Resident Fees. The Service Fees are incorporated herein by reference and form a part of this Agreement. Service Fees collected are not refundable except and to the extent required under Applicable Law. PayQuad may change the Service Fees at its own discretion as per the amendment provision of this Agreement. Where Landlord informs PayQuad that some or all of the fees for PayQuad Services are payable by you instead of by the Landlord, then PayQuad has the right to debit such amounts under the PAD Authorization. In addition, service fees will not be flagged as a cash back unless the Landlord agrees to an Agreement which is specified to the residents as such.
Indemnification and Limitation of Liability.
Indemnification. You shall defend, indemnify and hold harmless PayQuad, its directors, officers, employees, agents, assigns, and successors-in-interest and Landlord from and against any and all third-party liability, damages, losses, claims, demands, actions, causes of action and costs (including attorneys' fees and expenses) arising out of or resulting from: (i) Resident's performance under this Agreement including, without limitation, performance, non-performance, or defect in performance, any statement, misstatement, representation or misrepresentation made by Resident; (ii) the negligent or willful acts or omissions of Resident; or (iii) performance by Resident or breach by Resident under a Resident Agreement.
PayQuad is not responsible for any nonpayment of Resident Fees, non-sufficient funds, charge backs, or any other nonpayment issue as a result of non-payment or inability to pay a Resident.
The Services are not those of a rent collection agency, but are instead a PAD Authorization and Card-based method for the Landlord to conduct its normal Resident Fee collection business.
Resident is responsible for ensuring all Designated Account Information is correct and remains so for the Term.
PayQuad reserves the right to reject or refuse the Services to any Resident at its sole discretion, provided that PayQuad's election to not service a given Resident is not discriminatory and is in accordance with Applicable Law.
Neither party shall be liable to the other or any third party for any liquidated, indirect, consequential, special, punitive, speculative, lost profits, exemplary or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of this Agreement even if the party at fault has been advised of the possibility of such damages. Notwithstanding the foregoing, Landlord shall be a third party beneficiary under this Agreement and entitled to enforce the rights of PayQuad hereunder against Resident in the same manner and to the same extent as PayQuad can, without prejudice to the rights of PayQuad.
Limitation of liability. The maximum aggregate liability of PayQuad under this Agreement shall not exceed the amount of Service Fees paid to it hereunder or from Resident during the six (6) months prior to the event giving rise to liability.
Independent Contractor Relationship.
This Agreement is an independent contractor agreement and not that of an employer and employee or principal and agent. The parties hereto acknowledge and agree that no joint venture is intended or created by this Agreement. Each party shall be solely and entirely responsible for its acts and for the acts of its employees, servants and subcontractors during the performance of this Agreement.
Confidentiality.
Each party shall keep the Confidential Information of the other party confidential.
Term and Termination.
The term of this Agreement shall be the same as the term of the Resident Agreement unless terminated earlier as provided in this Agreement. This Agreement may be terminated, at any time, by either party. PayQuad may terminate this Agreement at any time and for no cause on notice to Resident. In the event of termination, Resident will remain liable to PayQuad for any Service Fees, or other liabilities arising hereunder notwithstanding any termination.
Governing Law; Arbitration.
This Agreement shall be governed by and construed in accordance with, the laws of the Province of Ontario, excluding its rules on conflicts of law. Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Toronto, Ontario. The language of arbitration shall be English. There shall be a sole arbitrator who shall be a lawyer, licensed in a Canadian Province who is a lawyer practising corporate or commercial law.
General Assignment.
Resident may not assign any of its rights or obligations under this Agreement to any third party without the prior consent of PayQuad. Notwithstanding any assignment hereof by Resident, Resident shall remain liable to PayQuad for the obligations or Resident hereunder. PayQuad may assign its rights or obligations hereunder to a third party on notice to Resident. PayQuad reserves the right to have a third party perform some or all of its obligations under this Agreement.
Force Majeure.
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to acts of god, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. The affected party shall notify the other party within five days of a delay, default or non-performance pursuant to a force majeure event.
Entire Agreement.
This Agreement, including all exhibits, schedules and addenda attached hereto, constitutes the entire and exclusive agreement between the parties with respect to the subject matter of this Agreement. Any agreements, promises, negotiations, representations or other terms not set forth or referred to in this Agreement are of no force or effect. This Agreement is not part of the Resident Agreement.
Amendments
Payquad may amend or modify this agreement from time to time at its discretion, by posting a new version hereof to the Site or portal. You accept responsibility for reviewing any updates to this agreement on our Site or portal and acknowledge you will be deemed to have agreed to the terms of amendments and all updates if you continue to use our Services.
Notices.
Notices shall be effective upon receipt if they are received in writing, by registered or certified mail, postage prepaid, return receipt requested or
by overnight courier to the person and at the address set forth below. Notwithstanding the foregoing, PayQuad reserves the right to deliver notices under this Agreement to Landlord via the Account or to the e-mail provided by Landlord on the Application.
Language.
The parties hereto agree that this Agreement is drafted and executed in the English language. Les parties aux présentes s'entendent pour que la présente convention soit rédigée en langue anglaise.
Miscellaneous.
If any part of this Agreement shall be deemed invalid under any applicable law, the remaining parts of this Agreement shall be in full force and effect as though any unenforceable part or parts were not written into this Agreement. In construing this Agreement, the singular tense shall be deemed to include the plural and the male or neuter gender shall mean and comprehend all genders, whenever such meaning or interpretation is necessary and appropriate. Headings contained in this Agreement are for reference purposes only, and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement shall be binding upon the parties hereto, their legal representatives, successors and assigns, and the parties hereto do hereby covenant and agree that they, their legal representatives, successors and assigns will execute any and all papers and documents that may be required in accordance with this Agreement.
Survival.
The following provisions hereof shall survive termination of this Agreement: 3 COLLECTION USE STORAGE AND DISCLOSURE OF PERSONAL INFORMATION, 11 Disputes, Errors and Lost Property, 12 Intellectual Property Rights, 13 Service Fees, 14 Indemnification and Limitation of Liability, 16 Confidentiality, 18 Governing Law and Arbitration, 19 General, and 21 Glossary, and any other provision as per Applicable Law.
Documents
In consideration of use of the Service, you agree to: (a) only purchase or access documents or services that you legally have right to purchase or access, (b) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Account").
Some Content offered may indicate a time frame for delivery. PayQuad does not create the Content nor control the timeliness of the Content. As such the sole responsibility for timeliness is the person or party from which such Content originates. Further, some content cannot be provided or created in the time frame offered due to external factors. As such, any timeliness commitment for delivery starts not when ordered, but at the time at which information sufficient for the creation of the Content becomes available to the person or party from which the Content originates.
Some jurisdictions (municipal, state, provincial/territorial, and federal) may have set limitations on what documents you are allowed to access, even if you could get those documents from PayQuad either for free or for a cost. You agree to comply with all jurisdictional laws that apply to you, and failure to do so is your responsibility alone.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, timeliness or usefulness of such Content.
You understand that PayQuad does not create, control, author, review, monitor, manufacture, vet, hold copyright to, or otherwise have any control to timeliness (or lack of), accuracy (including product descriptions), quality or integrity of the Content sold through this site. As such, you agree that PayQuad has no liability to the Content sold on this site, and all liability of Content resides with the creator, manufacturer, or copyright holder of the Content purchased through our Service.
Due to the nature of electronic downloads; there is a NO REFUND policy in place. Content, documents and Services are sold on an "as is" basis. For documents that require additional information to be supplied before delivery but after payment (for example, Estoppels), if the additional information is not supplied within 60 days the purchase will be considered completed and neither refund nor document will be delivered.
Glossary
Below are the definitions of capitalized terms used in this Agreement:
"Account" means an account made available to Resident, accessible through the Site, through which Landlord can transmit instructions or receive information in relation to the Services;
"Acquiring Bank" means a bank or financial institution that processes the payment of Resident Fee by Resident using his/her Card;
"Affiliate" means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person's principal partners, shareholders, or owners of some other ownership interest;
"Applicable Laws" means any and all applicable federal, provincial/territorial, municipal or Property laws, regulations, bylaws or rules;
"Application" means an electronic or paper application, in a form provided by PayQuad, completed by Resident in conjunction with requesting the supply of the Services pursuant to this Agreement;
"Application" means the paper or online application completed by Resident when applying for the Services all of which is incorporated herein by reference;
"Authorized Representative" means the individual representative identified in the Application has having the authority to bind the Landlord and deliver instructions to PayQuad in respect of the Services and this Agreement;
"Bank" means the Canadian financial institution where the Designated Account is held;
"Canada's Anti-Spam Law" means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (S.C. 2010, c. 23);
"Card Transaction" means a Resident Fee payment by way of the Resident using their Card and such Card being processed by the Acquiring Bank;
"Card" means (i) a valid credit or debit card in the form issued under license from Visa International, Inc., the Discover Network or MasterCard International, Inc. or their respective affiliates; or (ii) any other valid credit card accepted by the Acquiring Bank under the Card Processing Agreement;
"Confidential Information" means all proprietary, secret or confidential information or data relating to Services including, without limitation, Resident lists, Resident or resident agreements and all parts thereof, financial or other data in any format, computer access codes, instruction and/or procedural manuals, payroll information, human resource or personnel information, business strategies and the terms and conditions of this Agreement. Information shall not be considered Confidential Information to the extent that such information is: (i) already known to the receiving party free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (iii) becomes publicly available through no wrongful act of the receiving party; (iv) independently developed by the receiving party without use of or reference to any Confidential Information of the other; or (v) required to be disclosed by law;
"CPA Rules" means the rules of the Canadian Payments Association, available atwww.cdnpay.ca;
"Designated Account Information" means information concerning the Designated Account;
"Designated Account" means a bank account of Resident identified in the PAD Authorization from which Resident Fees are to be debited;
"Effective Date" has the meaning provided in the preamble of this Agreement;
"Intellectual Property" means ideas, discoveries (whether or not patentable), developments, improvements, modifications, enhancements, additions, literary and artistic works and any other works of authorship including, but not limited to, computer programs, software, firmware, source code, object code, algorithm, subroutine, object module, schematic, model, diagram, flow chart, chip masking specification, user manual, compilation of information, work in process, technical data, design, formula, device, pattern, concept, art, method, process and any and all revisions and improvements relating to any of the foregoing (in each case whether or not reduced to tangible form), trademarks, trade dress, service marks and domain names, relating to Services;
"Intellectual Property Rights" means all patent, copyright, mask work, trademark, trade dress, service mark, goodwill, trade secret, Moral Rights, domain name, right of publicity and any other intellectual property rights in Services, whether registered or unregistered, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
"Invoice" means an electronic document that represents an amount owing from a Resident to a Landlord under a Resident Agreement for which the Landlord wishes to receive payment by way of the Services;
"Landlord" means the Person or company that owns or manages the property displayed on this website;
"Moral Rights" means any and all rights of paternity, integrity, disclosure and withdrawal relating to Inventions and Proprietary Information and the right to object to any modification, translation publication or use of the foregoing, and any similar rights existing under the judicial or statutory law of any country in the world or under any treaty, regardless of whether or not such right is denominated or referred to as a "moral" right.
"PAD Authorization" means a pre-authorized debit agreement as defined in the CPA Rules granting each of (i) Landlord and (ii) PayQuad the right to initiate debits and credits on the Designated Accounts for Resident Fees and other amounts owing under the Resident Agreement or this Agreement;
"PAD" or "Direct Debit" means pre-authorized payment within the meaning of the CPA Rules;
"Payment Network" means Visa International, Inc., MasterCard International, Inc., the Discover Network or any other Card Issuers that provide Cards accepted by Landlord by agreement with Acquiring Bank.
"PayQuad" means PayQuad Solutions Inc.;
"Person" is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity.
"Prohibited Activity" means the operation of or the direct or indirect facilitation of any activity that is contrary to the terms of this Agreement or is illegal under any federal, provincial/territorial, municipal or Property law, regulation or bylaw including but not limited to any adult or adult-related services, including escort services, adult massage, or other adult-entertainment services; adult performers or adult webcam services; lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races; bill payment services; buyers or discount clubs; cigarettes, tobacco or e-cigarettes; credit counseling or repair agencies; credit protection or identity theft protection services; digital goods including digital currency; direct marketing or subscription offers; inbound or outbound telemarketing businesses including lead generation businesses; infomercial sales; internet, mail or telephone order pharmacies or pharmacy referral services; items that encourage, promote, facilitate or instruct others to engage in illegal activity;
"Property" means a real estate property located in the Territory, identified as such in the Application, that is rented or used by the Resident or for which Resident has the lawful right to: (i) enter into this Agreement; (ii) pay Rent or other Resident Fees; and (iii) enter into, modify and terminate Resident Agreements;
"Receipt" means an electronic receipt of Landlord for payment of Resident Fees by Resident under a Resident Agreement;
"Resident Agreement" or "Lease" means (i) an enforceable written agreement between Landlord and Resident pursuant to which: (A) Resident
agrees to lease or rent a Unit from the Landlord or Landlord agrees to maintain the Unit in consideration of Resident Fees; and (B) Resident grants Landlord a PAD Authorization or (ii) this Agreement;
"Resident Data" means non-public information concerning a Resident provided by Landlord or Resident to PayQuad;
"Resident Fees" means amounts payable by Resident to Landlord under the Resident Agreement in respect of a Unit which may include, but might not necessarily be limited to rent, condominium association fees or other payables thereunder, such as they may be from time to time;
"Resident" means a Person (tenant, resident, owner) that is party to a Resident Agreement in respect of which Landlord wishes to use the Services. This includes guest users such as Realtors, Agents or other persons who may need to access an Account;
"Services" " means the service of PayQuad acting as an agent of a Landlord for the purpose of, by electronic or other means: (i) informing Residents of the Landlord concerning how Transactions may be completed for the benefit of the Landlord; (ii) serving as an agent of the Landlord for the purpose of (A) causing Landlord to enter into PAD Authorizations with Residents, (B) initiating debits on Resident financial institution accounts on the basis of the applicable PAD Authorization; and (C) causing PayQuad's processor to settle Resident Fees to the PayQuad Designated Account; and (iii) serving as an agent of Landlord to deliver Invoices and Receipts to Residents and (D) other portal functions which may include maintenance requests, messaging, documents, documents purchasing, tenant insurance, bookings, applications and leasing and may be subject to change;
"Service Fees" means those amounts for which residents are liable to pay hereunder in consideration of the Services, as set out in the Application, in the Account or on the Site, such as they may be from time to time;
"Term" has the meaning provided in Section 17 of this Agreement;
"Territory" means any province or territory within Canada;
"Transaction" means an actual or attempted payment transaction by way of the Services; and
"Unit" means one or more parts of a Property that are the subject of a Resident Agreement.
PRE-AUTHORIZED PAYMENT ("PAD") AUTHORIZATION
(RESIDENT PERMISSION TO LANDLORD AND PAYQUAD SOLUTIONS INC.)
THIS PAD AUTHORIZATION IS AN AGREEMENT BETWEEN THE RESIDENT IDENTIFIED IN THE APPLICATION, THE LANDLORD IDENTIFIED ON THIS SITE AND PAYQUAD SOLUTIONS INC. THE APPLICATION IS AN APPLICATION FOR RESIDENT TO ENTER INTO AN AGREEMENT WITH LANDLORD AND A SEPARATE AGREEMENT WITH PAYQUAD SOLUTIONS INC. (EACH SUCH AGREEMENT BEING A "RESIDENT AGREEMENT" OR "LEASE") PURSUANT TO WHICH CERTAIN FEES ARE PAYABLE ("RESIDENT FEES" OR "RENT"). IN THIS PAD AUTHORIZATION, THE TERM "Landlord" SHALL REFER TO EITHER LANDLORD AS DEFINED IN THE RESIDENT AGREEMENT OR PAYQUAD SOLUTIONS INC.
Landlord and Resident wish to provide for the right of Landlord to initiate debits of Resident Fees from the Designated Account and credit the Designated Account for amounts owing to Resident hereunder. This pre-authorized payment ("PAD") authorization (the "PAD Authorization") sets out the specific terms of such Landlord rights. The PAD Authorization takes effect as of the Effective Date and terminates in accordance with the terms hereof, but no later than the date on which Resident has no outstanding obligations to Landlord.
The following information, supplied to Landlord in the Application or by sending a voided check to Landlord by electronic or other means shall be referred to as the ("Designated Account Information"): Name on Account, Name of Bank, Bank Branch Address, Account Number at Bank and Bank Transit Number.
The financial institution identified in the Designated Bank Information shall be referred to herein as the "Bank" and the bank account shall be referred to as the "Designated Account". Resident hereby permits Landlord to debit the Designated Account under the Resident Agreement all Resident Fee payments payable to Landlord from Resident and also credit the Designated Account for amounts owing by Landlord to Resident pursuant to the Resident Agreement. In respect of payment of any amounts owing all regular recurring payments will be debited each month on the date prescribed by Resident, in the amounts set out in the Resident Agreement.
Resident hereby waives its right to receive pre-notification of the amount of the PAD and agree that Resident does not require advance notice of the amount of PADs before the debit or credit is processed.
This PAD Authorization may be cancelled provided notice is received at least thirty (30) days before the next scheduled PAD. If the Designated Account Information changes, please contact Landlord immediately through the contact information set out above. Landlord has certain recourse rights if any debit does not comply with these terms. To obtain more information on Landlord recourse rights, contact Bank or visit www.cdnpay.ca (the "CPA Rules").
In particular, Resident further agrees that if any payment is dishonoured by the Bank for any reason, then Landlord shall be entitled to issue another debit or credit in substitution for the dishonoured debit or credit. Resident acknowledges that this PAD Authorization is provided for the benefit of Landlord and the Bank and is provided in consideration of the Bank agreeing to process debits against the Designated Account in accordance with the CPA Rules.
Resident shall be charged a fee for each credit and debit that cannot be processed and all subsequent funding may be suspended until Resident either: (i) notifies Resident that credits and debits can be processed or (ii) a new PAD is accepted by Resident.
Bank's treatment of each debit shall be the same as if Resident had issued its cheque authorizing the Bank to pay as indicated and to debit the amount specified to Designated Account. Resident confirms that this means, in part, that the Bank is not required to verify that a PAD debit has been issued in accordance with Resident's instructions or that some pre-condition to payment has been met or satisfied.
This PAD Authorization may be cancelled at any time by written notice by Resident to Landlord which notice shall be effective five (5) business days after receipt. To obtain a sample cancellation form, or for more information on the right to cancel this PAD Authorization, Resident understands that Resident may contact Bank or visit www.cdnpay.ca. This PAD Authorization applies only to the method of payment and Resident agrees that revocation of this PAD Authorization does not terminate or otherwise having any bearing on the Resident Agreement. Delivery of this PAD Authorization, to Landlord by electronic acceptance hereof or by other means, constitutes delivery by Resident to Bank. Resident confirms that the debits authorized hereunder are for purposes consistent with the Resident Agreement. Resident hereby waives the right to receive any notice, written or otherwise, from Landlord of the amount to be debited and the date(s) on which such debits are to be processed, as well as notice of any and all future changes to the amounts or payment dates.
Resident consents to the disclosure of any relevant information contained in the Resident Agreement and this PAD Authorization to the financial institution for purposes of the PAD. Landlord may assign this PAD Authorization, whether directly or indirectly, by operation of law, change of control, or otherwise, by providing at least 10 days prior notice to Resident. All capitalized terms used in this PAD Authorization and not otherwise defined shall have the meaning set out in the Resident Agreement.
Resident understands that Resident may contact Landlord at the address set out above or that set out in the Resident Agreement to make inquiries, obtain information or seek any recourse rights.