Yardi Payment Portal Terms And Conditions Of Use

Thank you for using this online payment service (the “Service”). Please take the time to review the terms and conditions of usage for the Service. By making your payment and providing the information needed to process your bank account or credit card payment, you acknowledge that you have read and understand these Terms and Conditions. Please note that we reserve the right to modify these Terms and Conditions at any time. If, at any time, you do not wish to accept these terms and conditions of service, you may choose to not use the Service.

  1. Description of the Service: The Service provides an online payment service that allows you to make payments online. You can select options for one-time payments and/or automatic payments. The Service will process a transaction to the account designated on the date(s) indicated.
  2. Definition of the Company: As used herein, “Company” means and includes the property at which you are a tenant or applicant and/or for which you are submitting a payment, the owners of the property, the management company that manages or operates the property, and all of their respective parents, subsidiaries, affiliates, officers, directors, owners, employees, and agents. The Company is also sometimes referred to in these Terms and Conditions as “We” or “Us.”
  3. Registration and Use: In consideration of your use of the Service, you represent, warrant, and agree that (i) the information provided by you using the Service is accurate, and in the event this information should change, you will update your information on the Service to be true and accurate in a timely manner; (ii) you will not use the Service for illegal purposes; (iii) you are at least 18 years old; (iv) you are fully responsible for all activity occurring under your account on the Service, and in the event you have knowledge of unauthorized access to your account, you will immediately notify us; and (vi) you are fully authorized to use any bank account or credit card registered in your account.
  4. Transaction Authorizations: You hereby authorize Us to initiate the transaction selected by you and to charge the bank account and/or credit card supplied by you for the amount indicated by you plus any applicable convenience fee. You acknowledge that We may apply a convenience fee with each transaction initiated through the Service. You hereby waive the right to initiate a chargeback or stop payment against any transaction initiated through the Service.
  5. Account Cancellation: We reserve the right to cancel your account with the Service at any time and for any reason. We further reserve the right to refuse processing to any person or of any transaction at any time and for any reason.
  6. No Warranty: The Company does not make any warranty or representation of any kind with respect to the Service, and all implied or statutory warranties are disclaimed to the greatest degree permitted by applicable law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties regarding the accuracy or timeliness of payment processing because processing is largely dependent upon outside factors beyond our control. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you in full or in part.
  7. Limitation of Liability: In no event shall the Company be liable for any special, incidental, or consequential damages of any sort arising out of or in connection with these Terms and Conditions or the Service (however arising, including by virtue of our negligence). Further, you agree that We will not be liable under any circumstances for punitive or exemplary damages.
  8. Indemnification: You agree to indemnify, save, and hold the Company harmless from any liability, cost, and expense (including reasonable attorneys' fees) related to any claim or demand due to or arising out of your actions or the actions of any person acting for you, including, but not limited to, your misuse of the Service, failure to adhere to these Terms and Conditions, and/or any negligence, fraud, dishonesty, or willful behavior. This indemnification provision shall survive any cancellation of your account or discontinuation of your use of the Service.
  9. Legal: You agree that any cause of action arising out of or relating to this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Jurisdiction and venue of any legal proceeding involving you and the Company shall be solely in the state and locality in which the property for which you applied, lived, or submitted a payment is located. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY AND ALL CLAIMS, WHETHER BASED ON THESE TERMS AND CONDITIONS, A TORT, A STATUTORY CAUSE OF ACTION, OR OTHERWISE. If any provision in these Terms and Conditions is determined to be invalid pursuant to applicable law, such invalidity shall not affect the validity of the remaining provisions of these terms and conditions.

Sessions will time out after 20-30 minutes of idle time. Please note that payment submissions may go through despite your session timing out. To check if your payment was processed, please log back into your account and check the ‘pending payments’ screen.

Tenant Selection Criteria

All applicants will undergo a screening process before lease signing. Applicant(s) understands and agrees to Horizon Realty Group’s non-negotiable screening process outlined below.

All adult applicants must be pre-screened for approval before acceptance based on Horizon Realty Group’s rental criteria, including, but not limited to, income, credit history, payment history, past rental history, and pet records (where applicable). All applicants will be required to submit valid government-issued photo IDs and verifiable proof of income. Additional documentation may be requested by Horizon Realty Group.

Factors that may negatively impact credit screening may include, but are not limited to, bankruptcies, foreclosures, tax liens, and collections. These factors may be evaluated based on the age or severity of the occurrence(s), current remaining debt and/or outstanding balances, or the overall debt-to-income ratio. Other relevant documentation provided, along with the credit screening, may be taken into consideration before a result is determined.

Income

Each applicant must provide proof of income. The most commonly accepted forms of proof are a copy of the two most recent pay stubs, a copy of your previous year’s tax forms (1044 or W2), or a signed job offer letter stating a future position, work location, start date, and annual salary on official company letterhead.

Combined gross income must be equal to or greater than three (3) times the monthly base rent. If retired, self-employed, or a full-time student, the applicant(s) must provide other sources of verifiable, regular monthly income such as an I-20, proof of financial aid, investment income, trust funds, child support, alimony, etc., which meet or exceed the gross income qualification.

If the applicant(s) do not meet the standard criteria on their own and are approved conditionally, a guarantor or other stipulation may be required. Any prospective guarantor(s) must undergo the same credit screening and verification process as outlined above. Guarantors must qualify on their own, and their income may not be combined with the applicant’s income to qualify.

Completion of the application, fees, and supporting documentation must be sent within 72 hours of the application being received. If this deadline is exceeded, the apartment will be placed back on the market, and any application fees paid will be forfeited.

Credit Screening Approval

If the credit is approved and all other applicable documentation has been received, a notification of pre-qualification will be delivered. If the application is not approved based on credit or any other mitigating factors, a written denial will be delivered along with an adverse action letter addressed to each applicant.

Background Check

If, based on the above criteria, you are pre-approved, we will notify you via email or in writing and conduct a Background Check at that time. The Background Check will include any information about your individual background, including, but not limited to: National Sex Offender Records Search, OFAC, and National Civil Court Records information, and/or consumer reporting agencies.

Dispute Procedure

Within five days of obtaining results from the Background Check, we will provide a copy to you via email, text, certified mail, or in person, along with a notice of your right to dispute the accuracy or relevance of the information contained in the report. Within five business days after we provide the Background Check to you, you may submit evidence disputing the accuracy or relevance of the information and/or the resolution from three years before the date of your rental application.

Within three days of your submission of evidence disputing the accuracy or relevance of the information as stated above, we will conduct an individual assessment of the information provided to determine whether denial of your rental application is necessary. The “Individualized Assessment” we will conduct will consider all factors relevant to your history from the three previous years.

After conducting the individual assessment, we will either approve or deny the rental application. If we deny your rental application, we will notify you in writing and explain the reasons for the denial.

If you are subject to a current sex offender registration requirement pursuant to the Sex Offender Registration Act (or similar law in another jurisdiction) or if you are subject to a current child sex offender residency restriction, no individualized assessment will be performed, and your rental application will be denied.

If no written dispute is received, the application will be processed based on the information we have available, and you may receive a final notice of adverse action.

Please Note: We are not required to hold the apartment for you during the Background Check dispute/decision process. If, during this process, another pre-qualified applicant is received and approved, the selected apartment will no longer be available to you.

For more information, please visit the Cook County Government Commission on Human Rights resources at https://www.cookcountyil.gov/agency/commission-human-rights-0 or 69 W Washington St, Suite 3040, Chicago, IL 60602, (312) 603-1100, or [email protected].