Cribspot
A tech-enabled rental company with operations in Ann Arbor, East Lansing, and Columbus

CribPay

CribPay Terms of Service 

Effective Date: September 2, 2014

CribPay is a service of the Cribspot, Inc. a Delaware corporation ("Company" or "we", "us" or "our") made available to you through the Service and subject to the Terms, which are incorporated herein by reference. These CribPay Terms are additional terms for use of CribPay. Capitalized terms not otherwise defined in these CribPay Terms are as defined in the Terms. Whether you are a Payee or a Payor (as defined below), you are granted permission to use CribPay, provided that you comply with the Terms and these CribPay Terms.

1. Payees and Payors.
1.1 Payees. Any User who is a Property Manager (a “Payee”), using the Service or accepting payment through CribPay, agrees to these CribPay Terms and appoints the Company its agent for the sole purpose of collecting rent payments and/or application fees made by Payors (defined below). Payees demonstrate acceptance of the CribPay Terms, including the appointment of the Company as the agent of the Payee, by (a) accepting or creating an account through the Services, (b) providing direct deposit information, (c) depositing a check issued through CribPay, or (d) otherwise using the services to receive payments.

1.2 Payors. Any User who is a tenant (a “Payor”) utilizing CribPay to pay rent to a Payee, whether by credit card, debit card, debit to the Payor's bank account, or any other method of payment accepted by the Company, agrees to these CribPay Terms. Payors agree that, with respect to any payment transaction initiated through CribPay, the Company is acting the agent of the Payee and not as the Payor’s agent.

2. Payments.
2.1 Receipt of Funds. Except as provided in Section 3, once payments have been made and received by the Company they may not be cancelled. The Company reserves the right to refuse to process any payment and will attempt to promptly notify the Payor if we decline to process the payment; provided, however, the Company has no obligation to notify a Payor if we reasonably believe that such Payor is in breach of the Terms or these CribPay Terms, including without limitation the restrictions under Section 4. Once the Company receives funds for payment, Payors have no rights to those funds unless and until such funds are returned to the Payor by the Company as provided in Section 4.

2.2 CribPay Account. The Company holds the funds for the benefit of the designated Payee at the Company's designated account for such payments with its designated bank (the "CribPay Account"). The funds associated with multiple Users may be commingled in the CribPay Account. The Company is not a bank, savings and loan or regulated financial institution. Neither Payor nor Payee will receive interest on payment amounts for time, which elapses during payment processing time. The Company will not use any rent payment funds in the CribPay Account to make any payment for its own account, unless the funds represent fees or other money due to the Company.

2.3 Disbursements to Payors. Payments may be held for up to three (3) business days in the CribPay Account prior to disbursement to Payees.

2.4 Payment Completion; No Reversals. Completion of a payment is contingent on both the authorization of the payment by the Payor's applicable credit or debit card company or the paying bank and acceptance of the payment by the designated Payee and their financial institution. In the event that a payment is unable to be processed, the Company will attempt to notify the Payor at least once using the contact information associated with the Payor's account. In the event the designated Payee rejects or fails to accept payment, (i) Payor's payment liability to such Payee may remain outstanding and unpaid and may be subject to penalties, late fees and interest charges assessed by the designated Payee, all of which remain Payor's responsibility and (ii) any payment we have processed that has not been accepted will be returned to Payor (except for our service fees, which we shall be entitled to retain). In all other cases, where the credit or debit card was accepted or the electronic payment authorized and the payment was accepted by the Payee, Payor acknowledges and agrees that no refunds, cancellations or chargebacks are permitted. Payors agree that they will not hold the Company liable for any damages resulting from the failure of an applicable credit or debit card company to authorize a transaction or a Payee's decision to reject, or failure to accept, a payment made through CribPay.

2.5 Recurring Payments. CribPay allows Payors to initiate reoccurring payments. If Payors elect to initiate a reoccurring payment, the Company will make these payments until receiving notice to cancel such recurring payments at any time prior to 12:00 p.m. EST on the day before a payment is to be charged to your credit or debit card or debited from your bank account. Reoccurring payments may only be cancelled in accordance with the Guidelines for cancellation. Cancellation of a recurring payment, does not relieve the Payor of any liable to the Payee for any payments due.

2.6 Insufficient Funds. If we attempt to execute a payment based upon Payor's payment instructions and there are non-sufficient funds available for withdrawal for such payment, such payment will not be processed and such Payor will be charged an non-sufficient funds fee of $25. Non-sufficient funds may be the results of (a) Payor's deliberately dishonoring the payment, (b) Payor's account is closed or frozen, (c) Payor's loss of authority to debit for any reason, (d) Payor's account under investigation, or (e) any other reason preventing withdrawal of an initialed payment.

2.7 Taxes. Payors and Payees are individually responsibility to determine what, if any, taxes apply to the payments they make or receive, and it is each party's responsibility to collect, report and remit the correct tax to the appropriate tax authority. The company is not responsible for determining whether taxes apply to your transaction or for collecting, reporting or remitting any taxes arising from any transaction.

3. Restrictions. In addition to the restrictions pursuant to Section 2.2 of the Terms, in connection with CribPay you shall not:

  • Use any payment source you are not authorized to use or engage in any other fraudulent transaction.
  • Manipulate or abuse credit card policies in any way, including, but not limited to, making a payment to create cash from a credit or gift card.
  • Use CribPay for any unauthorized purpose, including, but not limited to, making or receiving payments related to pornography, drugs, gambling, tobacco, or other prohibited activities.
  • Access CribPay from a country other than the United States of America or to send money to a location outside of the United States of America.
  • Fail to respond in a reasonable and timely manner to communications from the Company.
  • Use CribPay in any way that violates the Terms, including these CribPay Terms and the Guidelines.

4. Refund and Cancellation Policy.
4.1 Payors may only cancel payments: (a) within 24 hours of scheduling the payment for a full refund minus transaction and service fees; (b) that have not yet been sent to the Payee for a full refund minus transaction and service fees; or (c) that have been sent via check but not yet received by the Payee for a full refund minus transaction and service fees plus a $20 cancellation fee per canceled check.

4.2 All refund and cancellation requests are subject to the following conditions: (a) refunds will be issued to each account in the amount paid; (b) transaction or service fees are not refundable under any circumstances; (c) cancellation fees must be paid in full by one account holder, regardless of how many accounts are associated with the payment; and (d) refunds, if any, are subject to the Company's determination, in its sole discretion, as to the availability of such refund under this Section 4. If we accept a request for a refund, such refund may take up to 5 business days to process.

4.3 There are no refunds for payments that have been sent to the designated Payee. If a Payor has initiated a payment to a Payee in error and payment has been sent by the Company, such Payor's remedies, if any, are against the Payee only and the Company shall have no liability for such payment.

5. Risk of Loss. In the event of a system failure or interruption, data may be lost or destroyed. Any transaction(s) initiated by a Payor, were in the process of completing or completed shortly before a system failure or interruption should be verified by such Payor through means other than online to ensure the accuracy and completeness of such transaction(s). Payors and Payees assume the risk of loss of their data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.

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6. CribPay Service Fees.
6.1 Payors shall pay the Company a service fee in connection with use of CribPay (“Service Fee”). The Service Fee for any transaction shall be stated at the time a Payor initiates a transaction, or as otherwise provided in the Guidelines. Payor shall pay the Service Fee to the Company at the time of the transaction. All Service Fees are nonrefundable. The Company reserves the right to modify its Service Fee and to introduce new fees and charges at any time and will be applied to all future transactions.

6.2 All amounts are stated and payable in U.S. Dollars and do not include taxes. If the Company is required to pay taxes in connection with a Payor transaction through CribPay, including without limitation sales, use, GST, value-added, or other taxes (excepting taxes based on the Company's income), such taxes will be charged to and paid by Payor.

6.3 If a Payor believes a Service Fee is incorrect, such Payor must contact the Company in writing within 30 days of the transaction date to be eligible to receive an adjustment or credit if due.