ELECTRONIC TRANSACTIONS CONSENT AGREEMENT
This Electronic Transactions Consent Agreement (“Agreement”) is between Resident and Management (as defined in the Lease). Resident and Management may hereinafter be collectively referred to as the “Parties.” This Agreement applies to all communications between the Parties, documents or records requiring signature of one or both parties, as well as any other documentation/records between the parties associated with the Lease (collectively, “Electronic Records”). The structure whereby Management and Resident transact via Electronic Records may be referred to herein as the “Electronic Records Program.”
1. WHEREAS, Resident and Management have entered into or are entering into that certain Lease covering a residential tenancy as provided therein. The Parties desire and agree to utilize electronic means to transact business.
2. WHEREAS, the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and the Uniform Electronic Transactions Act (“UETA”) require certain written consumer disclosures for electronic communications, electronic signatures, and electronic documents/records involving various transactions.
3. THEREFORE, this Agreement serves to disclose necessary information and obtain Resident’s express consent to and authorization for the Parties to transact business related to the Lease via the use of Electronic Records.
4. PURPOSE AND SCOPE: Resident understands that this Agreement is intended to comply with any and all requirements for Management to provide clear and conspicuous written notice to Resident prior to consent to transact business via Electronic Records, including without limitation, electronic communication, electronic signatures and electronic documents/records. RESIDENT UNDERSTANDS AND AGREES THAT THE ELECTRONIC RECORDS CONSENT PROVIDED IN THIS AGREEMENT APPLIES TO EXECUTION OF THE LEASE AND ASSOCIATED DOCUMENTS ARISING BETWEEN RESIDENT AND MANAGEMENT DURING THE COURSE OF THE LEASE TERM (AS DEFINED IN THE LEASE). Management will provide Resident with any documents in non-electronic format as required by applicable law.
5. RIGHT TO PAPER COPIES: RESIDENT UNDERSTANDS THAT RESIDENT HAS THE OPTION TO HAVE ELECTRONIC RECORDS PROVIDED OR MADE AVAILABLE IN PAPER OR OTHER NON-ELECTRONIC FORMAT. Resident has the right to have any Electronic Records provided by Management in non-electronic form at a fee in the amount of $25, except if the property is located in the state of California or Arizona, there is no fee.
6. WITHDRAWAL: Resident understands that Resident has the right to withdraw the consent provided in this Agreement. Resident understands that any Electronic Records created or existing prior to any such withdrawal remain effective and the withdrawal shall only apply after such request. Resident acknowledges that withdrawal and the resulting transactions through non-electronic means may result in delays outside of Management’s control (caused by mail or other non-electronic service). IN ORDER TO WITHDRAW THE CONSENT PROVIDED IN THIS AGREEMENT, RESIDENT MUST CONTACT MANAGEMENT IN WRITING TO EXPRESSLY NOTIFY MANAGEMENT OF THE SAME.
7. METHOD OF PROVIDING ELECTRONIC DOCUMENTS: All Electronic Records including, but not limited to the Lease, shall be provided either (a) via email at the email address Resident provided to Management or (b) by access to a website designated by Management in an email sent to Resident at the time the information is available. All Electronic Records sent by Management to Resident, in either paper or electronic form, will be considered “in writing.” Resident should print and/or download any Electronic Records to retain for Resident’s personal records. Management retains the right, in its sole discretion, to terminate the Electronic Records Program as outlined by this Agreement. Further, Management retains the right to terminate or modify the terms and conditions of the Electronic Records Program. Resident will be provided with notice regarding any changes.
8. HARDWARE AND SOFTWARE REQUIREMENTS: To access and retain copies of Electronic Records, Resident must have internet access with a compatible browser and/or programs. Compatible browsers and/or programs include: IE10 and above, Edge, Chrome, Firefox, Safari. Devices and platforms include Desktop, iPad, iPad mini and ipad air. Management makes no warranties regarding equipment, hardware, software, internet service, or any part thereof, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. Management shall notify Resident of any changes in the hardware or software requirements noted in this paragraph.
9. CHANGES IN INFORMATION: RESIDENT MUST PROMPTLY AND REGULARLY UPDATE RESIDENT’S CONTACT INFORMATION WITH MANAGEMENT TO ALLOW UNINTERRUPTED COMMUNICATION VIA ELECTRONIC RECORDS. IT IS RESIDENT’S SOLE AND EXCLUSIVE RESPONSIBILITY TO PROVIDE MANAGEMENT WITH A TRUE, ACCURATE AND COMPLETE EMAIL ADDRESS AND OTHER CONTACT INFORMATION. UPDATES CAN BE MADE BY CONTACTING MANAGEMENT IN WRITING. Resident accepts responsibility for notifying Management of any changes to Resident’s email address or other contact information. Management is not liable for any third-party fees incurred by Resident, other legal liability, or any other issues or liabilities arising from Electronic Records sent to an invalid or incorrect email address (or other electronic medium provided by Resident). Resident’s participation in the Electronic Records Program outlined in this Agreement may be discontinued by Management if Resident fails to provide a valid email address, whereas any subsequent communication sent by Management may be provided in non-electronic form.
10. COMPLIANCE WITH APPLICABLE LAW: Resident acknowledges and agrees that the consent provided in this Agreement is in connection with a transaction or transactions between the Parties, subject to E-SIGN and/or UETA. Both Resident and Management intend for E-SIGN and/or UETA to apply to the fullest extent possible in order to validate the Parties ability to conduct business by electronic means.
11. CONSENT AND AUTHORIZATION: Resident hereby affirmatively consents to the Electronic Records Program and the transaction of business via Electronic Records, including without limitation the electronic communication, electronic signing, and electronic delivery of Lease documents. Resident understands that Management retains the right to modify the scope of the Electronic Records Program in the future and to provide documents/records in a non-electronic manner. Resident represents that Resident has the authority to enter into this Agreement for all persons related, in any way, to the Lease. All such persons shall be bound by the terms of this Agreement.
12. ELECTRONIC SIGNATURE: Resident agrees that use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Management any Electronic Records, including without limitation, communications, accessing documents/records or making any transactions (including execution of the Lease), constitutes Resident’s signature, acceptance and agreement, as if actually signed by Resident in writing. Resident understands and agrees that no further certification authority or third party verification is necessary to validate Resident’s electronic signature, with the lack of any such verification explicitly having no impact on the enforceability of Resident’s signature on any document/record. If the property is located in California, this agreement pertains only to electronic transactions as described and permitted under California Civil Code Sections 1633.1-1633.17 and does not include services of notices that are required to be sent pursuant to Section 1162 of the California Code of Civil Procedures. Also for California properties, California Civil code section 17(b)(3) defines “electronic signatures” as “an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic signature.
13. CONFIRMATION: To consent and confirm that Resident can access this information electronically, Resident verifies the following by checking the box indicating you have read and accepted the terms and conditions.
· Resident is able to read this Agreement;
· Resident is able to print on paper or electronically save this Agreement for future reference and/or access;
· Resident is able to receive and/or send this Agreement through email;
· Resident consents to receiving Electronic Records exclusively in electronic format pursuant to the terms and conditions described in the Agreement and the Lease; and
· Resident understands that Resident must withdraw the consent provided in this Agreement pursuant to the terms and conditions described above.
IMPORTANT: PRINT AND RETAIN THIS AGREEMENT