USER AGREEMENT — TERMS AND CONDITIONS NovelPay, LLC a Delaware Limited Liability Company DBA ClickPay (“NovelPay”), and the enrolled User, Renter, Owner, Shareholder or Resident* (hereinafter collectively referred to as "Resident") stated in the Resident Application or Resident or Owner Agreement ("Agreement") incorporated herein by reference, agree as follows:
Meaning of Landlord and Resident:
“Landlord” is defined as any person or entity responsible for the collection of real estate related payments through NovelPay including a property owner, lessor or management company.
“Resident” or “you” are defined as the individual or individuals residing, occupying or making payments towards or on behalf of a piece of property managed by a Landlord, who creates a user account with NovelPay.
Description of Services: NovelPay and ClickPay (hereinafter collectively referred to as “NovelPay”) currently operate as communication platforms providing transfer of information and notifications between landlords (“landlord” or “landlords” is defined as any Agent responsible for the collection of real estate related payments through NovelPay) and residents (“resident” refers to the individual or individuals listed on executed property lease, agreement or ownership documents). NovelPay also offers email reminder services, owner and renter assistance services and information and provides access to an Internet-based credit card and, on-line electronic checking and pay-by-phone payment service to properties and their respective residents, which facilitates various electronic payment services for monthly rents, periodic rents, security deposits, other deposits, dues, condo fees, timeshare charges, fixed utility payments, other fixed payments and all other fees and charges related to participation in an association, leased or owned space, fixed or variable (the "Service"). You, as the resident of a participating Property, are eligible to use the Services to pay your rent and any similar or related fees covered under our service agreement with landlords. Your ability to use the service will be at your landlord’s discretion and based on their determination of your status, legal or otherwise, and your eligibility for making payments. Once processed, your credit card, on-line electronic checking or pay-by-phone payments made through the Service will be remitted to your participating Landlord in accordance with our service agreement with the landlords. For successful payments, you will receive a timely written confirmation from NovelPay acknowledging the NovelPay’s receipt of credit card, on-line electronic checking or pay-by-phone payments, provided you have registered with a valid email address Unless explicitly stated otherwise, any new features, which enhance or modify NovelPay’s current service offerings shall also be subject to these terms and conditions of service.
Please note that it is within the discretion and right of your Landlord to REJECT your payment within 7 days for any reason. If your payment is returned or rejected, we will attempt to inform you by email if you have registered a valid email address on file with NovelPay, but you will be responsible for any rejected payment even if you do not receive notification from us. You are responsible for checking your credit card and/or account statements regularly to ensure completion and accuracy of any payments made through the Service.
No Warranty. NOVELPAY AND/OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY, "AGENTS") PROVIDE ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NOVELPAY AND ITS AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NovelPay shall make reasonable efforts to ensure that all electronic debits and credits involving the Account are processed in a timely manner, but NovelPay makes no representations or warranties regarding the accuracy or timeliness of such processing because NovelPay's processing is largely dependent upon many factors outside of its control, such as delays in the U.S. banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to Resident.
Limitation of Liability. IN NO EVENT SHALL NOVELPAY AND/OR ITS AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to Resident.
THE LIABILITY OF NOVELPAY AND ITS AGENTS TO RESIDENT OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
Release. Resident releases NovelPay (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Agreement.
Indemnification. Resident agree to indemnify and hold NovelPay and/or its Agents harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of Resident's breach of this Agreement or the documents it incorporates by reference.
Electronic Funds Transfers. NovelPay will make electronic transfers via the Automated Clearing House (ACH) system from Resident's Bank Account in the amount specified in the Agreement. Resident agrees that such requests constitute Resident's authorization for such transfers.
Resident agrees to initiate one-time or recurring payments by ACH using a valid checking or savings account with a Bank authorized for United States ACH transactions. All ACH payments should be scheduled at least three (3) business days on or before the date that such amount is payable by Resident to the Landlord. See Section 9 below for information on Refunds and Section 11 for information on Fees.
Payment transfer requests received after the designated cut-off time will be processed on or shortly after the designated cut-off time on the next bank business day.
Resident’s NovelPay account must be in a current status before an ACH can be established.
Recurring Payments: Before Resident’s first Recurring payment, NovelPay will send email notification of the transaction's start date (the "Recurring Payment Date"). Please review and confirm this information for accuracy and log into your NovelPay account to make any changes, or report any errors or changes to NovelPay immediately.
If the next scheduled Recurring Payment Date falls on a weekend or a legal bank holiday, the automated payment will occur on the next business day.
If you wish to make a change to your current Service or wish to pay an additional amount, Recurring Payments can be modified at any time. This deduction will be made along with your regular monthly payment. Resident can change or eliminate this additional amount as long as the change is made before the scheduled Recurring Payment Date.
Resident has the right to terminate the Recurring Payment at any time prior to the Recurring Payment Date.
Under the terms of the Resident agreement with the Management Company, your amount(s) due may change. The Service allows you or NovelPay to adjust the amount of the Recurring Payments from your financial institution account to accommodate these changes.
Resident is responsible for checking the Bank account statement of their financial institution to verify the date and amount of any automated payments initiated by NovelPay. In the event of an error, please notify NovelPay immediately.
NovelPay or the Landlord may set a maximum or minimum dollar amount for payment and/or reject or refuse to permit any ACH payment.
If your financial institution returns an automated payment unpaid, NovelPay and your Landlord have the right to assess a reasonable fee.
We will use reasonable efforts to ensure that the payments reach the Landlord on time but cannot guarantee receipt or the time a payment may be posted by Landlord. It is the Resident’s responsibility to initiate EFTs in such a manner that amounts owed are paid and received on time. The Resident is responsible for any late payment charge, finance charge, penalty or default that may result from failure to transmit payments in sufficient time.
NovelPay’s Right to Cancel Service. NovelPay reserves the right to cancel this Service for any reason and will terminate or restrict Resident’s NovelPay account it if:
Any payment is returned by Resident’s financial institution for reasons of "Authorization Revoked" or "Account Closed",
Two payments are returned unpaid for insufficient funds within a consecutive 6-month period,
Resident does not otherwise comply with these terms and conditions, or
Landlord chooses to restrict Resident’s property or NovelPay account from online payment for any reason.
Charge Card Policy. Resident agrees to abide by the following terms of the Charge Card Policy. This provision applies to all payments made with any Visa, American Express, MasterCard or Discover Card. At the point of payment, the action by the Resident selecting to “Authorize Payment” operates as a digital signature on behalf of the Resident and obligates Resident to pay the Total Charge as shown.
Landlord Disputes: Resident agrees to submit in writing to NovelPay any disputes related to individual charges with your landlord for utilities, costs, or security deposits. The Resident is bound by a legally enforceable lease or other payment agreement and must comply with terms of payment. NovelPay at its sole discretion will determine the resolution to the written dispute according to existing enforceable documents such as a signed lease or rental agreements.
Refund Requests: If Resident has a legitimate* basis to request a credit for a charge previously processed against its credit card account, Resident shall request a credit from NovelPay by written notice and resolve the issue directly with NovelPay. Any reversed charges which cause the credit card company to impose a charge back cost against NovelPay shall be re-imposed by NovelPay upon Resident. Such costs may exceed the cost of the reversed item or charge back.
*Legitimate Basis – NovelPay at its sole discretion will determine the resolution to the written dispute according to existing enforceable documents such as a signed lease or rental agreements.
Refunds. In the event of a refund request by a cardholder or account holder, a NovelPay representative will take the following steps in order to issue a refund:
Verify that individual is cardholder or account holder or authorized agent for transaction to be refunded.
NovelPay representative must verify account holder or cardholder name, last 4 digits of card or billing account, billing address, date of transaction, amount, Property Management Company, Property Address
Additional verification can be requested by the NovelPay representative to the account holder. These additional verifications can include:
Copy of Credit Card
Bank Statement
Billing statement showing debit and last 4 digits of card number used
Copy of a Drivers License matching the name on the Credit Card
Copy of a Drivers License matching the name on the Credit Card Statement.
NovelPay will issue a refund for any legitimate basis. *Legitimate Basis – NovelPay at its sole discretion will determine the resolution to the written dispute according to existing enforceable documents such as a signed lease or rental agreements.
NovelPay payment processing for a refund is 48-96 business hours from the refund request date.
If a transaction was errantly debited by NovelPay, NovelPay will refund the entire amount of the transaction including any applicable service fee. Multiple transactions submitted through the user’s interface by the user does not constitute an errant debit.
If a transaction has already been deposited to a Landlord (NovelPay client) account, the NovelPay representative cannot issue a refund without first validating the legitimacy of the request according to existing documents such as the lease/rental agreements in place that govern relevant terms. The validation process may take 1 to 3 business days to complete. NovelPay will inform the Resident of the refund request review via mail and/or email notification.
Lessee must be verified as registered user be identified through security questions.
Upon NovelPay’s determination that a refund request is legitimate and justified, NovelPay will refund the payment amount in question back to cardholder including any applicable service fee.
Agreement to Arbitrate. Any claim or dispute arising out of the Agreement shall be resolved through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. You and NovelPay each agree that any and all disputes or claims that have arisen or may arise between you and NovelPay, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In such cases, the arbitration shall be administered by the American Arbitration Association or AAA, in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Agreement is governed by and interpreted under the laws of the state of New York as such laws are applied to agreements entered into and to be performed entirely within New York by New York residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern the Agreement to the extent that the FAA is inconsistent with New York law. The Agreement to Arbitrate is intended to be broadly interpreted.
Arbitration procedure: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org.
A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to NovelPay at: ClickPay, Attn: Litigation Department, Re: Notice of Dispute, 433 Hackensack Avenue 6th Floor, Hackensack, NJ. NovelPay will send any notice to you to the address we have on file associated with your NovelPay account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and NovelPay are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or NovelPay may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, NovelPay will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by NovelPay should be submitted by mail to the AAA along with your Demand for Arbitration and NovelPay will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, NovelPay will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse NovelPay for all fees associated with the arbitration paid by NovelPay on your behalf that you otherwise would be obligated to pay under the AAA's rules.
The arbitration shall be by telephone and/or based solely on written submissions.
Any final award or determination of the arbitrator shall be final and binding, and there shall be no appeal on any ground, including for greater certainty, any appeal on a question of law, a question of fact, or a question of mixed fact and law.
Fees: NovelPay reserves the right to assess a convenience fee for the use of NovelPay services. Resident agrees to pay all charges and fees specified when using the service, including any monthly recurring or nonrecurring charges, taxes, fees, surcharges or other assessments applicable to the service. Resident agrees to pay NovelPay any applicable convenience fees for processing payment on behalf of Resident in advance of the services provided hereto. NovelPay will display all related convenience fees in a visible location and the Resident will be prompted with a final confirmation page displaying the transaction amount including the convenience fee and will have the opportunity to pay or cancel the transaction. NovelPay incurs costs associated with the processing of ACH, Credit and Debit Card payments and all Convenience Fees and Service Fees are non-refundable.
Resident Convenience Fees will be prominently displayed before payment. Please see the "Fee Chart" within your account after signup.
Modifications to the Service / Updates to the Terms. NovelPay reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the service (or any function or feature of the service or any part thereof, including but not limited to rates and charges) with or without notice. You agree that NovelPay will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service. Without limiting the foregoing, NovelPay may post, or email, notices of changes in the service. It is your responsibility to check our website for any such notices. You agree that NovelPay will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service.
For FirstService Residential Residents only: By completing this registration, you acknowledge and agree that electronic payments may be suspended when, and if, your account is delinquent depending on instructions received from the payee’s attorney. If such suspension occurs, you will be provided with notice of the suspension and instructions for payment during the period that the account remains delinquent.
Accuracy. All information that you provide to NovelPay must be accurate, including your name, email address, physical address, credit or charge card numbers and expiration dates and any service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to NovelPay. You agree to keep confidential your log-in ID and password and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your member ID. You agree to immediately notify NovelPay at support@clickpay.com or by telephone at 800-533-7901 if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your member ID or password.
Privacy Policy. To view our Privacy Policy please visit the following link:
Electronic Signatures Disclosure and Consent. In order to enroll for a ClickPay account certain disclosures are required by law to be provided by ClickPay. ClickPay can only provide these disclosures electronically if the applicant consents. If consent is not provided, ClickPay may, but is not required to cancel your ClickPay account.
Definitions: In this E-Sign Consent, the following definitions apply: “I” and “me” mean the person who is applying to establish a ClickPay Account. “You” means ClickPay and any person, company, bank or financial institution that is an assignee of ClickPay’s rights.
Consumer Consent: I understand that in order to access and retain the electronic Disclosures I will need the following:
A computer with an Internet connection.
A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 11.0 and above (see www.microsoft.com/ie for current version), Google Chrome current version (see www.google.com/chrome/ for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
A valid email address.
Sufficient storage space to save past Disclosures and/or an installed printer to print them.
If I use a spam filter that blocks or re-routes emails from senders not listed in my email address book, I must add support@ClickPay.com and customerservice@clickpay.com to my email address book.
Electronic Access Required: Requesting Paper Documents and Withdrawing Consent: I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form. I can request paper copies and/or withdraw consent by contacting you at:
ClickPay a division of NovelPay, LLC.
Customer Support — Legal
433 Hackensack Avenue 6th Floor
Hackensack, NJ 07601
Any withdrawal of my consent to receive electronic Disclosures will be effective only after you have a reasonable period of time to process my withdrawal. I understand and agree that if I withdraw my consent to receive electronic Disclosures you may — though you are not obligated to — cancel my ClickPay Account.
Updating Email Address I can change my email address by signing into my ClickPay Account at any time. I can also do this by contacting you at 1-800-533-7901 or by mail at:
Legal Effect: By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically and you do in fact make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website, or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered.
General Acknowledgement: I understand and agree that you reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time. I understand and agree that you are responsible for sending notice of the Disclosures to me electronically including at the email address I have provided, but are not responsible for any delay or failure in my receipt of the email notices.
Electronic Billing — “E-Bills”
Upon signing up for Clickpay, resident agrees to accept monthly rent bills or statements through the ClickPay E-Bill program hosted to ClickPay with notification sent via email.
E-Bills are electronic versions of paper bills. An E-Bill resides in your ClickPay PayNow page. An E-Bill notification link will be sent to you on a monthly basis once your month’s statement becomes available.
To receive E-Bills you must be qualified to opt-in for paperless statements. This status is based upon ClickPay’s contractual relationship with your landlord or Management company. Your consent to receive E-Bills can be revoked by making your selection in My Profile or contacting ClickPay Support.
E-Bills are based on the account information communicated to ClickPay by your landlord or management company. ClickPay allows you to view only your current E-Bill as established by your landlord or management company. For any previous billing statements please contact your landlord or management company.
Online BillPay — BillPay is a service offered by many banks through their online banking system. The availability of the Services may be subject to interruption and delay due to causes beyond our reasonable control. BillPay may only be used for lawful purposes. Payments to payees outside the United States are prohibited. If your Landlord or Management Company is connected with ClickPay’s online biller network, BillPay will make payments for you electronically, using a check drawn on your account, or other form of funds transfer that your financial institution may choose to employ. Electronic payments may be debited from your account on the processing date shown by the BillPay service when scheduling a payment.
All of the rules and regulations regarding insufficient funds fees, returned items, and physical check limits on your particular account will apply to checks originated using the BillPay service.
The availability of BillPay services may be subject to interruption and delay due to causes beyond our reasonable control.
BillPay may only be used for lawful purposes. Payments to payees outside the United States are prohibited.
ClickPay or the Landlord may set a maximum dollar amount for payment and/or reject or refuse to permit any bill payment.
Each bill payment should be scheduled at least three (3) business days on or before the date that such amount is payable by Lessee to the Landlord. It is your responsibility to ensure that there is enough time to complete the payment as scheduled. It is your responsibility to schedule payments to arrive by the due date specified on the bill or statement.
We will use reasonable efforts to ensure that the payments reach the payees on time but cannot guarantee receipt or the time a payment may be posted by a payee. It is the user's responsibility to transmit payment Instructions in such a manner that amounts owed are paid and received on time. The user of the service is responsible for any late payment charge, finance charge, penalty or default that may result from failure to transmit payment instructions in sufficient time.
Lockbox Payments and Check Scanning — Paper checks and money orders mailed, scanned or delivered to ClickPay’s lockbox facilities will be processed according to the account information on the remittance coupon provided with the check or money order. If no coupon is remitted in connection with a check or money order it may be rejected and returned to sender, or it may be submitted for review by ClickPay at ClickPay’s sole discretion. All paper check and money order payments are subject to the rules and instructions instituted by the Landlord or Management Company.
Notice of Electronic Check Conversion: When you provide a check as payment to ClickPay or a ClickPay enrolled Landlord or Management Company, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
All of the rules and regulations regarding insufficient funds fees, returned items, and physical check limits on your particular account will apply to checks submitted to the ClickPay lockbox service.
Cash Payments — ClickPay supports Cash Payments through MoneyGram. To qualify to submit a Cash Payment through MoneyGram via ClickPay you must have a ClickPay account and agree to the Terms and Conditions. A fee of $3.95 applies to payments made at a MoneyGram location.
The availability of Cash Payment services may be subject to interruption and delay due to causes beyond our reasonable control.
Cash Payments may only be used for lawful purposes. Payments to payees outside the United States are prohibited.
All of the rules and regulations regarding recurring payments, insufficient funds fees, returned items, and physical cheque limits on your particular account will apply to payments originated using the Cash Payment service.
NovelPay or the Landlord may set a maximum dollar amount for payment and/or reject or refuse to permit any bill payment.
Each payment should be submitted at least three (3) business days on or before the date that such amount is payable by Lessee to the Landlord. It is your responsibility to ensure that there is enough time to complete the payment as scheduled. It is your responsibility to schedule payments to arrive by the due date specified on the bill or statement.
We will use reasonable efforts to ensure that the payments reach the Landlord on time but cannot guarantee receipt or the time a payment may be posted by Landlord. It is the Lessee’s responsibility to transmit payment Instructions in such a manner that amounts owed are paid and received on time. The Lessee is responsible for any late payment charge, finance charge, penalty or default that may result from failure to transmit payment instructions in sufficient time.
Payments-Related Communications — NovelPay may provide you with certain payments-related communications, including, without limitation, billing notices such as e-billing statements, account notifications, and reminders in advance of certain payment due dates known to NovelPay (e.g., a rent payment). To be eligible to receive any such communications, you must opt-in through your NovelPay account. By opting in to receive such communications you expressly acknowledge that NovelPay may send such communications to you via your designated communication mechanism (including, without limitation, via email) at any time, and you consent to such process. Accordingly, upon opting in, you agree that NovelPay may send any such communications to you between the hours of 9:00 p.m. and 8:00 a.m., or at any other time during the day.
Resident further agrees that all payments are submitted FOR DEPOSIT ONLY and will be accepted solely for resident (listed on lease documents) and accepted without prejudice.
In the event that any payment made to Landlord through this Payment Service is made by any Person other than Resident, such Person expressly disclaims and waives any and all demand, license, tenancy, occupancy right or privilege, or any other claim in and to the lease between Landlord and Resident.
*The term “Resident” includes any individual, owner, renter, shareholder or association member who creates a user account with NovelPay or ClickPay on behalf of themselves or any other individual for the purposes of making a payment.