3.1   JHA MC will send an ACH debit on JHA MC’s behalf to Customer’s Settlement Account to collect the funding for the Transactions initiated by Customer. Any return by Customer of the debit sent to collect the cumulative amount for all daily payments is strictly prohibited and shall constitute breach of contract by Customer. As soon as notice is provided to Customer that any debited funds have been returned, Customer shall wire to JHA MC on that same day immediately available funds in the amount of any returned debit. Customer acknowledges that time is of the essence in its obligation to cover immediately any such returned debited funds. Further, Customer shall indemnify JHA from any and all actual direct loss suffered by JHA MC from any such incorrectly returned debit. All funds held by JHA MC overnight will be held for safety in overnight investment accounts.

Any such written agreement and authorization have not been terminated or revoked on the date a Payment Instruction is submitted by Client to Yardi to initiate a Bill-Pay Payment to the relevant Third Party. Bill-Pay Payment. In addition to all other obligations established by the Terms, with respect to Bill-Pay Payments, Client agrees to the additional terms set forth in Attachment B attached to these Terms and incorporated herein by this reference and also the JHA MONEY CENTER PROCESSING AGREEMENT incorporated herein. American Express Additional Terms. In addition to all other obligations established by the Terms, Client agrees to the terms and conditions set forth in the AMEX MOG, available at /merchantopguide and other similar terms that maybe published by American Express, which are incorporated herein by this reference.

Payment Processing

1. Client shall at all times comply with all OFAC requirements and fulfill all OFAC responsibilities that apply to Client concerning the administration and enforcement of economic and trade sanctions against targeted foreign states, organizations, and individuals, including providing any information to Yardi that is reasonably necessary for Yardi to fulfill its obligations under OFAC, if any.
2. Client acknowledges that Yardi’s CHECKscan software functionality utilizes 3rd party software licensed by Yardi and integrated into CHECKscan for sublicense to Client.
3. Scan batches of personal, corporate, bill pay and cashier’s checks as well as money orders to greatly reduce processing time.
4. Use a physical or virtual credit card to make vendor payments and eliminate manual credit card processing by depositing funds directly into vendors’ banks through ACH.
5. The Fees may be amended by Yardi in its reasonable sole discretion.

Client shall further ensure that its refund policies for payments made through any given Payment Network are at least as favorable as its refund policies for purchases on any other payment method, and that such refund policies are clearly and conspicuously disclosed to the User. Client shall not bill or collect from any User for any payments made by the User through the Payment Services unless a Chargeback has been exercised, Client has fully paid for the charge, and Client otherwise has the right to do so. Information Sharing.

Party Rentals

The time required to implement variance analysis: meaning types advantages and limitations property management software depends on the solution and the portfolio. In some instances, you can get up and running in a day. More sophisticated implementations can take months to ensure all your needs are met. Our complete real estate management solutions include software for property management, accounting, marketing and leasing, market intelligence, energy management, end-to-end procurement, business intelligence, learning management and much more. We have multiple options for all portfolio types and sizes, from large multinational enterprises to small and midsize holdings. In these instances, JHA MC will provide written notice of the termination on this basis to Customer, which shall become effective upon receipt by Customer.

Our Party Rentals

In connection with providing services to Customer, JHA MC shall take all commercially reasonable steps to ensure the privacy and security of the consumer information in JHA MC’s possession and protect against anticipated threats and hazards to the security of such information. JHA MC shall take all commercially reasonable steps to prevent unauthorized access to or use of such consumer information that could result in substantial harm or inconvenience to Customer or its consumers. In the event any court or regulatory agency seeks to compel disclosure of the information, JHA MC shall, if legally permissible, promptly notify Customer of the disclosure requirement and will cooperate so that Customer may at its expense seek to legally prevent this disclosure of the information. JHA MC will provide Customer with the necessary user name(s) and password(s) (“Password”) to access the Services which are hosted on JHA MC’s processing system. Customer will designate an Administrator who shall be vested with the authority to determine who will be authorized to use the Services; establish separate passwords for each user; and establish limits on each user’s authority to access information and conduct transactions.

Client agrees to execute any and all forms and authorizations as may be required in connection therewith and to bear the out of pocket annual or other periodic post office rental or other fee for establishing getting a handle on loan fees and maintaining the Lockboxes. If Yardi pays this cost, Client will promptly reimburse Yardi without markup. Record-Keeping.

Client agrees that Yardi’s 3rd party software provider is an intended 3rd party beneficiary of the Agreement with respect to the foregoing terms. Data Use. Yardi shall collect, use and retain Data and/or other personal information of Users or Third Parties for the purposes of providing the Payment Services and for reasonable business record retention purposes. Yardi shall not disclose Data and/or other personal information of Third Parties or Users to third parties except as necessary to provide the Payment Services or as permitted or required by Applicable Law or Payment Network Rules.

7.1   Customer acknowledges and agrees that at the time of execution of this Agreement only business-related Transactions may be processed under this Agreement. No consumer Transactions for personal, family or household purposes shall be submitted without JHA MC’s prior written consent, which may be withheld in JHA MC’s sole discretion. In the event JHA MC grants such written consent, the following sub-sections shall apply.

These Terms may be modified by Yardi pursuant to Section 22 net working capital ratio above. ACH. In addition to all other obligations established by the Terms, with respect to ACH Transactions, Client agrees to the additional NACHA obligations set forth in Attachment A attached to these Terms and incorporated herein by this reference.