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Vantaca Pay Payment Terms and Conditions

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  1. ACCEPTANCE OF TERMS
    1. Agreement to Terms. These Vantaca Pay Payment Terms and Conditions (“Terms”) govern your use of the Vantaca Pay payment portal and any related payment services, tools, applications, mobile interfaces, APIs, or other payment-related features or functionality offered by Vantaca from time to time (collectively, the “Payment Portal”) to make electronic fund transfers or other payments for assessments, fees, charges, fines, or any other amounts owed to or collected by your homeowners association, community association, condominium association, cooperative housing corporation, property management company, or any other entity using the Vantaca platform to collect or manage payments (your “Association”). The Payment Portal is operated by Vantaca, LLC (“Vantaca,” “we,” “us,” or “our”). Vantaca reserves the right to expand, modify, suspend, or discontinue any aspect of the Payment Portal or related services at any time.
    2. Mandatory Acceptance. You must affirmatively accept these Terms before making payment through the Payment Portal. By checking the acceptance box and clicking “Submit Payment,” you confirm that you have read, understand, and agree to be bound by these Terms.
    3. Use Constitutes Agreement. Your continued use of the Payment Portal after accepting these Terms constitutes your ongoing agreement to these Terms as they may be amended from time to time.
  2. PAYMENT AUTHORIZATION
    1. One-Time Payment Authorization. By submitting a one-time payment through the Payment Portal, you authorize Vantaca (through its payment processor) to initiate a single electronic debit from the bank account you designate, or a single charge to the payment card you designate, for the amount you specify.
    2. Recurring/Preauthorized Payment (AutoPay) Authorization. By enrolling in AutoPay, you authorize Vantaca (through its payment processor) to initiate recurring electronic debits from your designated bank account or recurring charges to your designated payment card according to the payment schedule you select (e.g., monthly, quarterly). This authorization will remain in full force and effect until you cancel it as described in Section 9 below.
    3. ACH Debit Authorization. For payments made via Automated Clearing House (“ACH”) transfer, you authorize as follows:
      1. I hereby authorize my Association to debit the identified account for the amount indicated.
      2. I authorize my financial institution to accept this debit and charge it to my account.
      3. If the transaction is established as recurring in nature, I authorize future occurrences until I rescind this authorization in accordance with Section 9 of these Terms.
      4. I understand that this authorization will remain in effect until I notify Vantaca in writing that I wish to revoke it, and I allow Vantaca and my financial institution a reasonable opportunity to act on my revocation request.
    4. Financial Institution Authorization. You authorize your bank, credit union, or other financial institution to honor all debits and charges initiated by Vantaca (through its payment processor) in accordance with your payment instructions. You agree to maintain sufficient funds in your designated account to cover all scheduled payments.
    5. Representations and Warranties of Payer. By making a payment through the Payment Portal, you represent and warrant that:
      1. You are the legal owner of the bank account or payment card you designate, or you have the legal authority to authorize debits or charges to such account or card.
      2. The account information you provide is accurate and complete.
      3. You have the legal capacity to enter into these Terms.
      4. The amounts you pay are legitimately owed to your Association.
  3. TYPES OF TRANSFERS AVAILABLE
    1. Available Payment Methods. You may use the Payment Portal to make the following types of electronic fund transfers:
      1. One-Time Payments:
        1. ACH debit from your checking or savings account
        2. Debit card payment
        3. Credit card payment (where permitted by your Association)
      2. Recurring/Preauthorized Payments (AutoPay):
        1. Scheduled automatic ACH debits from your checking or savings account
        2. Scheduled automatic debit or credit card charges
    2. Transaction Limits. Transaction limits may apply to electronic fund transfers through the Payment Portal and may vary by payment method. Applicable limits may be communicated to you where available, at our discretion. We may impose, modify, or remove transaction limits at any time, in our sole discretion, without prior notice to you. We reserve the right, in our sole discretion, to decline any transaction that exceeds applicable limits, that we deem suspicious, high-risk, or potentially fraudulent, or for any other reason.
  4. FEES AND COSTS
    1. Fee Schedule. Fees may apply to your use of the Payment Portal depending on the payment method you select and the applicable established fee structure. The specific fee amount applicable to each transaction will be clearly disclosed to you before you authorize payment, and you may cancel before any fee is charged. Contact your Association or property management company for information about the fee structure applicable to your account.
    2. Fee Disclosure. All applicable fees will be clearly displayed to you before you authorize each transaction. You will have the opportunity to review the total amount (including any fees) and cancel the transaction before any fee is charged. No payment will be processed until you confirm your authorization after reviewing the disclosed fees. For variable-amount recurring payments, including Pay Full Balance AutoPay where the transfer amount is not known at the time of enrollment, the applicable fee will be calculated based on the actual transfer amount at the time of processing and may include a variable component (such as a percentage of the transfer amount) in addition to any flat transaction fee; the fee formula is set forth in the applicable fee schedule. By enrolling in variable-amount AutoPay, you acknowledge and accept that the exact fee amount will not be known until the transfer is processed.
    3. Non-Refundable Fees. Transaction fees are generally non-refundable once a payment has been processed, except as required by law.
  5. CONSUMER RIGHTS UNDER THE ELECTRONIC FUND TRANSFER ACT (EFTA) / REGULATION E
    1. The following disclosures are provided in accordance with the Electronic Fund Transfer Act (15 U.S.C. § 1693 et seq.) and Regulation E (12 C.F.R. Part 1005).
    2. Right to Receive Documentation. Vantaca may send an electronic receipt by email confirming a transaction where you have opted in to receive email confirmations or where Vantaca elects to do so in its discretion. You may also view your payment history in the Payment Portal. Upon your enrollment in AutoPay, Vantaca will use commercially reasonable efforts to send an email confirmation to your address on file containing a copy of your recurring payment authorization terms, including the designated payment method, the applicable payment schedule, and the basis for calculating each transfer amount; you should retain this confirmation for your records. Vantaca’s obligation under this Section is satisfied upon transmission of the confirmation email to the address you have provided, and Vantaca shall not be liable for non-receipt resulting from an incorrect or inactive email address.
    3. Preauthorized Transfer Notices (Varying Amounts). If you enroll in AutoPay and your recurring payments may vary in amount, you have the right to receive notice at least 10 days before each payment is debited, informing you of the date and amount of the transfer. Your Association or property management company is responsible for providing this notice under applicable law. Contact your Association for questions regarding this notice requirement.
    4. Right to Stop Payment on Preauthorized Transfers. If you have authorized recurring payments (AutoPay), you have the right to stop any of these payments. Here is how to stop a payment:
      1. Notify us at least three (3) business days before the scheduled payment date. You may notify us by emailing us at payment-support@vantaca.com.
      2. When you contact us, provide your name, your account number or property address, the exact amount of the transfer you wish to stop (if known), and the scheduled date of the transfer.
      3. All stop payment requests must be submitted in writing. Vantaca will process stop payment requests upon receipt during normal business hours.
      4. If you order us to stop a preauthorized payment at least three (3) business days before the scheduled date, and we do not do so, we will be liable for your losses or damages as provided by law.
    5. Your Liability for Unauthorized Transfers. If you believe your Payment Portal credentials have been lost, stolen, or compromised, or if someone has accessed or may access your Payment Portal account without your authorization, notify Vantaca at once so we can suspend your portal access and prevent future unauthorized debits. Your liability for unauthorized transfers may depend on how quickly you notify us of the compromise. Additionally, if any unauthorized transfer has already been processed from your bank account or charged to your payment card, you must immediately contact your bank, credit union, or card issuer to report the unauthorized transaction; your financial institution (not Vantaca) is responsible for investigating unauthorized transactions, issuing provisional credits, and reversing unauthorized debits under applicable law. Vantaca’s responsibility upon receiving timely notice is limited to suspending your Payment Portal access; Vantaca is not responsible for reversing or reimbursing any unauthorized transactions that were processed before we received your notice. The following liability thresholds are established by federal law and govern your potential exposure with your financial institution for unauthorized transfers. Your ability to limit such exposure depends on how promptly you notify both us (to suspend portal access) and your bank or card issuer (to trigger statutory protections and pursue transaction recovery): If you tell us and your financial institution within two (2) business days after you learn of the loss or theft of your access information, you can lose no more than $50 if someone used your credentials without your permission; this $50 cap is a protection you preserve with your financial institution by timely notification and is not a Vantaca obligation. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your access information, and we can prove we could have stopped someone from using your credentials without your permission if you had told us (by suspending your portal access), you could lose as much as $500 with your financial institution. Vantaca’s obligation upon timely notice is limited to suspending your portal access. Also, if your statement shows transfers that you did not make, including those made by card, code, or other means, tell us and your bank or card issuer at once. You should review both your Payment Portal history and your bank or card statements for unauthorized transactions. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days from your financial institution if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, applicable law may provide for extension of these time periods.
    6. Our Liability for Failure to Complete Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance:
      1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
      2. If the transfer would go over the credit limit on your overdraft line (if applicable).
      3. If the Payment Portal was not working properly and you knew about the breakdown when you started the transfer.
      4. If circumstances beyond our control (such as fire, flood, power failure, or computer system failure) prevent the transfer, despite reasonable precautions that we have taken.
      5. If your financial institution refuses to honor the debit.
      6. If your account has been frozen due to a legal order or dispute.
      7. If you have not provided us with complete and accurate account information.
      8. There may be other exceptions stated in our agreement with you.
    7. Confidentiality of Account Information. We will disclose information to third parties about your account or the transfers you make:
      1. Where it is necessary for completing transfers.
      2. To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
      3. To comply with government agency or court orders.
      4. To our service providers and payment processors who assist us in providing the Payment Portal.
      5. If you give us your written permission.
      6. As otherwise permitted or required by law.
  6. ERROR RESOLUTION PROCEDURES
    1. In Case of Errors or Questions About Your Electronic Transfers:
      1. Contact us at payment-support@vantaca.com or write to us at Vantaca, LLC, 7040 Wrightsville Ave, Wilmington, NC 28403 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared.
    2. Information to Provide. When you contact us, please tell us:
      1. Your name and account number (or property address).
      2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
      3. The dollar amount of the suspected error.
    3. Written Confirmation. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
    4. Investigation Timeline. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
    5. New Accounts. For errors involving new accounts (first 30 days after the first deposit), we may take up to 20 business days to credit your account for the amount you think is in error, and up to 90 days to complete our investigation.
    6. Results of Investigation. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
  7. CONTACT INFORMATION FOR UNAUTHORIZED TRANSFERS AND ERRORS
    1. If you believe an unauthorized transfer has been made using your account information, or if you believe there is an error in your transaction, contact us IMMEDIATELY:
  8. RETURNED PAYMENTS AND INSUFFICIENT FUNDS
    1. Returned Payments. If an ACH payment is returned by your financial institution for any reason (including insufficient funds, account closed, or stop payment), Vantaca may re-present the payment as permitted by law, and you remain responsible for the full underlying amount owed to your Association. Your Association may assess fees, penalties, late charges, or other consequences for returned payments in accordance with its governing documents and applicable law; Vantaca bears no responsibility for any such assessments. Vantaca shall not be liable for any fees, charges, penalties, or other consequences imposed by your Association or your financial institution in connection with a returned payment.
    2. Re-Presentment. We may re-present a returned ACH payment up to two (2) additional times.
    3. Continuing Responsibility. You remain responsible for the original payment amount plus any applicable returned payment fees. Your Association may pursue collection of unpaid amounts in accordance with your governing documents and applicable law.
  9. RESCISSION OF AUTHORIZATION
    1. How to Cancel AutoPay. You may cancel your AutoPay enrollment at any time by using any of the following methods, or by contacting your Association directly. Vantaca is not responsible for any delay or failure in processing a cancellation request submitted through an Association:
      1. Online Cancellation: Log in to your Payment Portal account and cancel or modify your AutoPay enrollment at least three (3) business days before the next scheduled payment date.
      2. Email Cancellation: Send an email to payment-support@vantaca.com at least three (3) business days before the next scheduled payment date. Cancellation requests submitted by email are not effective until Vantaca confirms receipt in writing. Vantaca is not responsible for cancellation requests that are not received, are sent to an incorrect email address, or are submitted outside of normal business hours (which may delay processing).
      3. Support Portal Cancellation: Submit a cancellation request through our online support portal at least three (3) business days before the next scheduled payment date. Vantaca will process cancellation requests upon receipt during normal business hours.
      4. Written Cancellation: Send written notice to Vantaca, LLC, 7040 Wrightsville Ave, Wilmington, NC 28403, allowing sufficient time for us to receive your notice at least three (3) business days before the next scheduled payment date.
    2. Effect of Cancellation. Cancellation of your AutoPay enrollment does not cancel any payment that has already been initiated or is scheduled to occur within three (3) business days of your cancellation request. Cancellation does not affect your obligation to pay amounts owed to your Association.
    3. Confirmation. We will send you a confirmation of your cancellation request. If you do not receive confirmation within five (5) business days, please contact us to verify that your cancellation was processed.
  10. THIRD-PARTY PAYMENT PROCESSOR
    1. Third-Party Payment Processor. Payment processing services for the Payment Portal are provided by one or more third-party payment processors engaged by Vantaca from time to time. By using the Payment Portal, you acknowledge that your payment transactions will be processed by Vantaca’s designated third-party payment processor. Vantaca may change its payment processor at any time, in its sole discretion, without notice to you.
    2. No Responsibility for Third-Party Payment Processor. Vantaca is not responsible for any acts, omissions, errors, or failures of a third-party payment processor or its services, except to the extent otherwise required by the Electronic Fund Transfer Act or Regulation E.
  11. AMENDMENTS
    1. Right to Amend. We may amend these Terms at any time. If we make a material change to these Terms that adversely affects your rights, we will provide you with at least 21 days’ advance written notice before the change takes effect, unless a shorter notice period is permitted by law.
    2. Acceptance of Amendments. Your continued use of the Payment Portal after the effective date of any amendment constitutes your acceptance of the amended Terms. If you do not agree to an amendment, you must stop using the Payment Portal before the effective date.
  12. LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VANTACA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PAYMENT PORTAL, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF VANTACA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. PRESERVATION OF CONSUMER RIGHTS. NOTHING IN THESE TERMS LIMITS ANY RIGHTS YOU MAY HAVE UNDER THE ELECTRONIC FUND TRANSFER ACT, REGULATION E, OR OTHER APPLICABLE CONSUMER PROTECTION LAWS THAT CANNOT BE WAIVED OR LIMITED BY AGREEMENT.
  13. GOVERNING LAW
    1. Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. Any dispute, claim, or proceeding arising out of or relating to these Terms or the Payment Portal shall be brought exclusively in the state or federal courts located in New Hanover County, North Carolina, and no other forum. By using the Payment Portal, you irrevocably consent to the exclusive personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue in such courts, including any objection based on forum non conveniens or any other doctrine. JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PAYMENT PORTAL.