Version: September 26, 2023
THE PAYMENT PROCESSING SERVICES ARE PROVIDED BY STRIPE AND ITS AFFILIATES. YARDI AND ITS SUBSIDIARIES AND AFFILIATES HAVE INTEGRATED WITH STRIPE TO ENABLE YOU (“YOU”) TO USE STRIPE’S STANDARD AND/OR CUSTOM CONNECT SERVICES (“STRIPE SERVICES”). IN ORDER TO ENABLE THE STRIPE SERVICES, YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS” OR THE “AGREEMENT”). BY CLICKING THE BOX INDICATING ACCEPTANCE OF THE TERMS YOU ARE DEEMED TO ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING THE ELECTRONIC DELIVERY OF ANY REQUIRED INFORMATION SUCH AS ACCURATE AND COMPLETE INFORMATION TO ENABLE STRIPE TO CONDUCT CLIENT DUE DILIGENCE.
1. Your Acceptance. You will get access to Stripe Services conditioned upon your acceptance of the following Terms and your acceptance by Stripe as a client of its payment processing services. YARDI MAY AMEND THESE TERMS FROM TIME TO TIME (EXCLUDING THE STRIPE SERVICES AGREEMENTS AS DEFINED BELOW). SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO YARDI’S CLIENT CENTRAL BANKING PORTAL WEBPAGE AND VENDORCAFE FOR VENDORS. BY USING THE STRIPE SERVICES AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.
2. Stripe Services.
a. The Stripe Services are subject to the Stripe Connected Account Agreement and Terms of Service (collectively, the “Stripe Services Agreements”) for the country in which the services are used and can be found here:
The Stripe Services Agreements are incorporated herein by this reference. By agreeing to these Terms and /or using the Stripe Services in any of the jurisdictions listed above, you agree to be bound by the applicable Stripe Services Agreements for such jurisdiction, as the same may be modified by Stripe from time to time. In order to enable Stripe to provide its payment processing services to you, you agree to provide Yardi accurate and complete information about you and your business, and you authorize Yardi to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe.
b. Upon Yardi’s receipt of your payment instructions, Yardi will send a payment file or other payment instruction on your behalf to Stripe via the Stripe Connect Platform. You hereby request Stripe to authorize Yardi to do so and Yardi may deliver such request to Stripe on your behalf. Yardi is not in the flow of funds and makes no representation or warranty, express or implied, with respect to the Stripe Services. YOUR USE OF THE STRIPE SERVICES IS AT YOUR SOLE RISK. YOU WILL LOOK SOLEY TO STRIPE AS TO ANY LOSS OR LIABILITY. Because Yardi has no control over the Stripe Services, you acknowledge and agree that Yardi shall have no liability with respect to payments processed by Stripe. Yardi is not responsible for Stripe’s acts or omissions in providing the Stripe Services, or for any non-compliance by Stripe with regards to the terms of your Stripe Services Agreements or Stripe Account(s).
c. You are solely responsible for, and Yardi expressly disclaims all liability for, your compliance with applicable laws and obligations related to your provisions of the goods and services to your residents and/or vendors. You agree to indemnify Yardi for any losses Yardi incurs arising from or related to: i) your use of the Stripe Services, or ii) your failure to comply with your legal or contractual obligations to your residents, vendors, or Yardi Clients. Should you have any issues with respect to payment disputes, refunds or reversal issues please contact Stripe directly.
3. Term and Termination. The term of this Agreement will begin when you start using the Stripe Services and will end when terminated by you or by Yardi. You may terminate your acceptance of these Terms at any time by providing notice to Yardi and immediately ceasing your use of the Stripe Services. Yardi may terminate this Agreement (a) where you are in breach of this Agreement and fail to cure the breach upon 30 days’ notice by Yardi (such notice and cure period only being required if curing the breach is feasible); (b) upon 120 days’ notice for any reason; or (c) immediately if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding, become involved in a legal dispute with a third party (such as a property owner) over payments where Yardi cannot reasonably continue to enable you to use the payment services provided by Stripe without becoming involved in the dispute, if Yardi determines that you are engaged in activity that fails to comply with applicable law or causes a significant risk of reputational harm to Yardi, if Stripe terminates your Connect Account Agreement or Stripe Services Agreement, or if Yardi’s relationship with Stripe terminates for any reason. Should Yardi’s relationship with Stripe terminate, the payment services will become unavailable, however Yardi will make a commercially reasonable effort to provide an alternative payment solution with payment services that are as functionally equivalent to Stripe as is reasonably possible. All provisions giving rise to continuing obligations, including without limitation, Yardi’s disclaimer of representations and warranties, as well as its disclaimer of responsibility, will survive termination of these Terms.
4. Entire Agreement. These Terms constitute the entire agreement between you and Yardi with respect to the Stripe Services. These Terms set forth your exclusive remedies with Yardi regarding such Stripe Services. If any provision or portion of these Terms are held to be invalid or unenforceable under applicable law, then it will be reformed to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
5. Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Yardi, which may be granted or withheld by Yardi in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Yardi may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
6. Waiver. The failure to exercise or enforce any right or provision shall not affect Yardi’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
7. Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
8. Governing Law. For Yardi Clients, the provisions of your SAAS Agreement with Yardi regarding governing applicable law (jurisdiction), location of suits and disputes (venue), and any method for dispute resolution are incorporated into these Terms by this reference. For Vendors, the laws for the country in which the Stripe Services are used shall apply.