Last updated on October 17, 2023.

1. Introduction

Welcome to Elev's Autopay feature, a convenient tool designed to make your rent and bill payments seamless and hassle-free. By enabling Autopay, you allow us to automatically process your Rent and selected Bills on the agreed-upon dates, ensuring timely payments and peace of mind. This document outlines the specific functionalities, terms, and user responsibilities associated with the Autopay feature. It is essential to read and understand these terms before enabling Autopay.

2. Definitions

To ensure clarity and transparency, we've defined some key terms that will be used throughout this document:

• Rent: This refers to the monthly payment you, as a student, owe to the Host for leasing a property. It's the fixed amount agreed upon at the start of your lease period.

• Bills: These are any additional payments you may owe, excluding Rent. The Host specifies these amounts, and they can be for various services or penalties. Bills encompass both One-time and Recurring Bills.

• Host: The individual or entity responsible for managing the property you're renting. This can be a landlord, property manager, housing agency, or similar entity.

• One-time bills: These are variable bills that change month-to-month. For example, if you receive a fine for not shovelling snow or if your water bill fluctuates, the Host will specify these charges each time they occur.

• Recurring Bills: These are fixed payments that recur monthly. Common examples include internet charges, gym memberships within the property, or parking passes.
  
  

3. Functionality

Our Autopay feature, in collaboration with Stripe, is designed to ensure that your Rent and any selected Bills are processed on time, every time. Here's how it works:

• Upon enabling Autopay, Rent is always included in the automatic payments. Depending on your preferences, you can also choose to include One-time bills, Recurring Bills, or both in the Autopay process.

• We use Stripe, a globally recognized payment processing platform, to facilitate all transactions related to Autopay. This means that your payment details, whether it's a credit/debit card or bank information, are securely stored with Stripe. Elev does not directly store or have access to your full payment details. For an in-depth understanding of how Stripe manages security and protects your data, we encourage you to review Stripe's security documentation. Additionally, for the detailed terms of using Stripe, please refer to Stripe's Service Agreement.
  
  

4. Payment Obligations

Your financial responsibilities under the Autopay feature are straightforward:

• When you enable Autopay, your Rent payment is always included in the automatic deductions. Depending on the preferences you set, you may also choose to include One-time bills, Recurring Bills, or both.

• In the event that an Autopay transaction fails (e.g., due to insufficient funds, an expired card, or any other reason), you will promptly receive a notification via email, text message, and/or push notifications, depending on your enabled preferences. It is then your responsibility to ensure that the owed amount is manually paid in a timely manner.

• It's crucial to keep your payment methods updated. Make sure that your cards are not expired, that you have sufficient funds in your bank account if using a debit card, and that you have adequate credit availability if using a credit card.
  
  

5. Modifying Autopay Settings

We understand that flexibility is essential. With Elev's Autopay feature, you have complete control over your settings:

• To make any changes to your Autopay settings, simply navigate to the 'Profile' tab in the Elev app, proceed to 'Payments', and then click on 'Autopay'. Here, you can adjust which Bills are included in the automatic deductions or disable the Autopay feature entirely.

• If you choose to disable Autopay or exclude specific Bills from the automatic deductions, it becomes your responsibility to ensure those amounts are paid manually and on time.
  
  

6. Liabilities and Responsibilities

While the Autopay feature is designed for convenience, it's essential to understand your responsibilities:

• Always ensure that your saved payment methods are up-to-date and valid. This includes checking for expired cards and ensuring there are enough funds or credit available for the upcoming transactions.

• If you disable Autopay or choose not to include certain Bills in the automatic deductions, you must manually pay those amounts. Failure to do so may result in late fees as specified in Elev's general terms of use.

• In case of any discrepancies or disputes, always refer to the lease agreement between you and the Host. While Elev will mediate any disagreements, the initial lease agreement will be the primary reference for any resolutions.
  
  

7. Disputes and Resolution

From time to time, disagreements or issues may arise related to payments. Here's how we handle such situations:

• If you believe there has been an erroneous charge or have any other dispute related to the Autopay feature, please contact Elev at the earliest opportunity. We will address each dispute on a case-by-case basis.

• The primary reference for resolving any disagreements will always be the lease agreement established between you and the Host. Elev's role will be to mediate and facilitate a resolution based on the terms set in the lease agreement and our own terms of service.

• By using the Autopay feature, you agree to seek resolution exclusively through mediation facilitated by Elev. You explicitly agree to refrain from pursuing litigation in relation to any disputes arising from the use of Autopay.
  
  

8. Changes to Terms

Elev Homes Inc. is dedicated to providing the best service and experience for its users. As such, there may be instances where we need to update or modify these terms:

• We reserve the right to amend, modify, or change these Autopay terms as needed. Any such changes will be made to reflect updates in our services, legal requirements, or any other pertinent reason.

• In the event of any changes to these terms, we will ensure to notify you in a timely and transparent manner. This could be through email, text messages, push notifications, or any combination thereof, depending on your preferences and the nature of the change.

• Continuing to use the Autopay feature after changes have been communicated will imply your acceptance of the updated terms.
  
  

9. Data Privacy

Protecting your data is of utmost importance to us:

• While Elev facilitates the Autopay transactions, all personal and financial data related to payment methods are securely stored and processed by Stripe. Elev does not have direct access to or store your full financial details.

• We employ stringent security measures to ensure the protection of your data and uphold the trust you place in us. For a comprehensive understanding of how your data is protected, especially with Stripe, please refer to Stripe's security documentation.

• For further information on how Elev collects, uses, and protects user data, please refer to our Privacy Policy.
  
  

10. Termination by Elev

Elev is committed to ensuring the integrity and proper use of the Autopay feature:

• Elev reserves the right to disable or terminate your access to the Autopay feature under certain circumstances. This includes repeated and unexplained payment failures, misuse of the service, committing fraudulent activities, or any other legal or criminal violations associated with the use of Autopay.

• The decision to terminate access to Autopay lies solely with Elev, and we will take such actions to protect the interests of all parties involved, including other students, Hosts, and our service integrity.

• If your access to Autopay is terminated, you will be notified accordingly, and it becomes your responsibility to ensure timely manual payments for Rent and Bills.
  
  

11. Terms Acceptance

Your use of the Autopay feature signifies your agreement:

• By enabling and using the Autopay feature, you acknowledge that you have read, understood, and agreed to abide by these terms in their entirety.

• Your continued use of Autopay after any changes or updates to these terms implies your acceptance of the modified terms.
  
  

12. Contact Information

We're here to assist:

• If you have any concerns, questions, or require further clarification regarding the Autopay feature or these terms, please don't hesitate to reach out to Elev. You can contact us through via email at hello@elevhomes.ca or by visiting our support page at www.elevhomes.ca/support.

• We are dedicated to ensuring a smooth and transparent experience for all our users and will address any queries or concerns in a timely manner.
  
  

13. Jurisdiction

Legal considerations:

• These Autopay terms, and any disputes or issues arising from the use of the Autopay feature, are governed by and will be interpreted in accordance with the laws of Alberta, Canada.

• By using the Autopay feature, you agree to the jurisdiction of Alberta, Canada for the resolution of any legal matters associated with Autopay.