Letting Cloud |Payment Methods Last updated 21/11/2019
General Financial Terms and Payments Terms of Service
Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.
Please note: By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
These Payments Terms constitute a legally binding agreement (“Agreement”) between you and Letting Cloud (as defined below) governing the Payment Services (defined below) conducted through or in connection with the Letting Cloud platform.
When these Payments Terms mention “Letting Cloud or Letting Cloud Platform,” “we,” “us,” or “our,” it refers to Letting Cloud the company you are contracting with for Payment Services, which may be Letting Cloud Limited. Letting Cloud cannot be held responsible for action(s) taken by third party payment providers as detailed below.
When you add a Payment Method to your Letting Cloud Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Letting Cloud or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method, and it is your obligation to keep your Payment Method up-to-date at all times. The information required for Payment Methods will depend on the particular Payment Method and may include a number of the following:
Your residential address, name on the account, account type, 16 digit card number, security number on the rear, sort code, account number, email address, payment currency, identification number and account information associated with a particular payment processor.
When you add or use a new Payment Method, Letting Cloud may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Letting Cloud Account so it can be used for a future transaction.
Please note that Payment Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with the Payment Services and Letting Cloud is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method.
You authorize Letting Cloud to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, sort code, 16 digit number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Letting Cloud Account.
You are solely responsible for the accuracy and completeness of your Payment Method information. Letting Cloud is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
If your Contracting Entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a UK.-issued card, but select Euro as your currency, your payment may be processed outside the UK. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company, may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company, if you have any questions about these fees or the applicable exchange rate.
General Financial Terms
Letting Cloud may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Letting Cloud platform.
You authorize Letting Cloud to collect from you amounts due pursuant to these Payment Terms or the Letting Cloud’s Terms. Specifically, you authorize Letting Cloud or its third party(s) merchant(s) to collect from you:
• Any amount due to Letting Cloud (e.g., as a result of your Listing(s), Listing(s) modifications, cancellations, or other actions as a landlord, agent or general user of the Letting Cloud Platform), including reimbursement for costs prepaid by Letting Cloud on your behalf, by charging any Payment Method on file in your Letting Cloud Account (unless you have previously removed the authorization to charge such Payment Method(s)).
• Any amount you pay through to post a listing(s) and it is declined by your bank or card provider and the listing(s) goes live on Letting Cloud. The listing(s) will be removed and an email will be sent to you and a message in your Letting Cloud member platform will appear. If the payment is not resolved within twenty four hours (24hours), Letting Cloud has the right to withdraw the listing(s).
Any refunds or credits due to a Member pursuant to the Letting Cloud Terms, will be initiated and remitted by Letting Cloud in accordance with these Payments Terms.
Letting Cloud will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving or paying the correct amount. This may be performed by Letting Cloud or a third party such as your financial institution.
If Letting Cloud is unable to collect any amounts you owe under these Payments Terms, Letting Cloud may engage in collection efforts to recover such amounts from you.
Letting Cloud will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Letting Clouds first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later.
Letting Cloud will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Letting Clouds first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later.
You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail (email), post mail or by phone, as provided to Letting Cloud by you. Such communication may be made by Letting Cloud, or by anyone on their behalf, including but not limited to a third-party collection agent.
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
Notwithstanding Letting Cloud appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Letting Cloud Platform, Letting Cloud explicitly disclaims all liability for any act or omission of any Member or other third party. Letting Cloud does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Letting Cloud Account in any way, you are responsible for the actions taken by that person. Neither Letting Cloud nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Letting Cloud has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.