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PAYMENT TERMS AND CONDITIONS.

1. PARTIES: This User Agreement ("Agreement") is between:

• Fettaya properties, a property management company ("Fettaya properties")
• Resident, the individual or individuals residing in a property managed by Fettaya properties

2. DESCRIPTION OF SERVICES: Fettaya properties offers a web app platform that facilitates various electronic payment services for monthly rents, periodic rents, security deposits, other deposits, dues, condo fees, timeshare charges, fixed utility payments, other fixed payments, and all other fees and charges related to participation in a leased or owned space, fixed or variable (the "Service"). You, as the resident of a participating Property, are eligible to use the Services to pay your rent and any similar or related fees covered under our agreement. Your ability to use the service will be at Fettaya properties' discretion and based on our determination of your status, legal or otherwise, and your eligibility for making payments. Once processed, your credit card, online electronic checking, or ACH payments made through the service will be remitted to us. For successful payments, you will receive an email confirmation from Fettaya properties acknowledging the receipt of credit card, online electronic checking, or ACH payments, provided you have registered with a valid email address. Unless explicitly stated otherwise, any new features that enhance or modify Fettaya properties' current service offerings shall also be subject to these terms and conditions of service.

3. NO WARRANTY: Fettaya properties and/or its parent, subsidiaries, officers, directors, and employees (collectively, "agents") provide the services "as is" without any warranties or conditions, whether express, implied, or statutory. Fettaya properties disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Fettaya properties shall make reasonable efforts to ensure that all electronic debits and credits involving the Account are processed in a timely manner, but Fettaya properties makes no representations or warranties regarding the accuracy or timeliness of such processing because Fettaya properties' processing is largely dependent upon many factors outside of its control, such as delays in the U.S. banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to Resident.

5. LIMITATION OF LIABILITY:

a. The liability of Fettaya properties and its agents to Resident or any third parties in any circumstance is limited to the actual amount of direct damages.

b. Resident releases Fettaya properties (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Agreement.

6. INDEMNIFICATION: Residents agree to indemnify and hold Fettaya properties and its agents harmless from any claims or demands (including attorneys' fees) made or incurred by any third party due to or arising out of Resident's breach of this Agreement or the documents it incorporates by reference.

7. ELECTRONIC FUNDS TRANSFERS:

a. Resident authorizes Fettaya properties to make electronic transfers from their bank accounts for payments. Residents must ensure sufficient funds and initiate payments in a timely manner.

b. Resident agrees to initiate one-time or recurring payments by ACH using a valid checking or savings account with a Bank authorized for United States ACH transactions. All ACH payments should be scheduled at least three (3) business days on or before the date that such amount is payable by Resident to the Landlord.

c. Payment transfer requests received after the designated cut-off time will be processed on or shortly after the designated cut-off time on the next bank business day.

d. Resident’s Fettaya properties account must be in a current status before an ACH can be established.

e. Payment options: Fettaya properties will send an invoice with links that will allow the tenant to pay using Stripe ACH, card payments, or Zelle. Fettaya properties has the right to choose if a resident is eligible to pay using these methods and may limit the payment types at their own discretion.

f. Recurring payment: If a resident wishes to automate their payments, Fettaya properties will send an email notification of the transaction's start date (the "Recurring Payment Date"). Please review and confirm this information for accuracy and log into your Fettaya properties account to make any changes, or report any errors or changes to Fettaya properties immediately.

• If you wish to make a change to your current Service or wish to pay an additional amount, Recurring Payments can be modified at any time. This deduction will be made along with your regular monthly payment. Resident can change or eliminate this additional amount as long as the change is made before the scheduled Recurring Payment Date.
• Resident has the right to terminate the Recurring Payment at any time prior to the Recurring Payment Date.
• Under the terms of the Resident agreement with the Management Company, your amount(s) due may change. The Service allows you or Fettaya properties to adjust the amount of the Recurring Payments from your financial institution account to accommodate these changes.

g. Resident is responsible for checking the Bank account statement of their financial institution to verify the date and amount of any automated payments initiated by Fettaya properties. In the event of an error, please notify Fettaya properties immediately.

h. Fettaya properties or its agents may set a maximum or minimum dollar amount for payment and/or reject or refuse to permit any ACH payment.

i. If your financial institution returns an automated payment unpaid, Fettaya properties and your Landlord have the right to assess a reasonable fee.

8. Fetayah properties’s Right to Cancel Service:

c. Any payment is returned by Resident’s financial institution for reasons of "Authorization Revoked" or "Account Closed", d. Two payments are returned unpaid for insufficient funds within a consecutive 6-month period, e. Resident does not otherwise comply with these terms and conditions, or f. Landlord chooses to restrict Resident’s property or Fettaya properties account from online payment for any reason.

9. CHARGE CARD POLICY:

Resident agrees to abide by the following terms of the Charge Card Policy. This provision applies to all payments made with any Visa, American Express, MasterCard, or Discover Card. At the point of payment, the action by the Resident selecting to “Authorize Payment” operates as a digital signature on behalf of the Resident and obligates Resident to pay the Total Charge as shown.

• Landlord Disputes: Resident agrees to submit in writing to Fettaya properties any disputes related to individual charges with your landlord for utilities, costs, or security deposits. The Resident is bound by a legally enforceable lease or other payment agreement and must comply with terms of payment. Fettaya properties at its sole discretion will determine the resolution to the written dispute according to existing enforceable documents such as a signed lease or rental agreements.

• Refund Requests: If Resident has a legitimate* basis to request a credit for a charge previously processed against its credit card account, Resident shall request a credit from Fettaya properties by written notice and resolve the issue directly with Fettaya properties. Any reversed charges that cause the credit card company to impose a chargeback cost against Fettaya properties shall be re-imposed by Fettaya properties upon Resident. Such costs may exceed the cost of the reversed item or chargeback.

  
  

  *Legitimate Basis – Fettaya properties at its sole discretion will determine the resolution to the written dispute according to existing enforceable documents such as a signed lease or rental agreements.

10. REFUNDS: Fettaya properties will issue refunds for legitimate requests. The process includes verification of the request and can take up to 96 business hours. Costs associated with chargebacks may be imposed on Residents.

In the event of a refund request by a cardholder or account holder, a Fettaya properties representative will take the following steps in order to issue a refund:

a. Verify that individual is cardholder or account holder or authorized agent for transaction to be refunded.

• Fettaya properties representative must verify account holder or cardholder name, last 4 digits of card or billing account, billing address, date of transaction, amount, Property Management Company, Property Address

• Additional verification can be requested by the Fettaya properties representative to the account holder. These additional verifications can include:

  • Copy of Credit Card
  • Bank Statement
  • Billing statement showing debit and last 4 digits of card number used
  • Copy of a Driver's License matching the name on the Credit Card
  • Copy of a Driver's License matching the name on the Credit Card Statement.

b. Fettaya properties will issue a refund for any legitimate basis.

*Legitimate Basis – Fettaya properties at its sole discretion will determine the resolution to the written dispute according to existing enforceable documents such as a signed lease or rental agreements.

c. Fettaya properties payment processing for a refund is 48-96 business hours from the refund request date.

d. If a transaction was errantly debited by Fettaya properties, Fettaya properties will refund the entire amount of the transaction, including any applicable service fee. Multiple transactions submitted through the user’s interface by the user do not constitute an errant debit.

e. If a transaction has already been deposited to a Landlord (Fettaya properties client) account, the Fettaya properties representative cannot issue a refund without first validating the legitimacy of the request according to existing documents such as the lease/rental agreements in place that govern relevant terms. The validation process may take 1 to 3 business days to complete. Fettaya properties will inform the Resident of the refund request review via mail and/or email notification.

f. Lessee must be verified as a registered user and be identified through security questions.

g. Upon Fettaya properties’s determination that a refund request is legitimate and justified, Fettaya properties will refund the payment amount in question back to the cardholder, including any applicable service fee.

11. AGREEMENT TO ARBITRATE: Any claim or dispute arising out of the Agreement shall be resolved through binding arbitration conducted by telephone, online, and/or based solely upon written submissions where no in-person appearance is required. You and Fettaya properties each agree that any and all disputes or claims that have arisen or may arise between you and Fettaya properties, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In such cases, the arbitration shall be administered by the American Arbitration Association or AAA, in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Agreement is governed by and interpreted under the laws of the state of New York as such laws are applied to agreements entered into and to be performed entirely within New York by New York residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern the Agreement to the extent that the FAA is inconsistent with New York law. The Agreement to Arbitrate is intended to be broadly interpreted.

• Arbitration procedure:

  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org.

• A party who intends to seek arbitration must first send the other party, by certified mail, a completed notice of disputes. You should send this notice to Fettaya properties at contact@ablatos.com . Fettaya properties will send any notice to you to the pysical address or email that we have on file associated with your Fettaya properties account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought.

• If you and Fettaya properties are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Fettaya properties may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org.

• Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Fettaya properties will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Fettaya properties should be submitted by mail to the AAA along with your Demand for Arbitration, and Fettaya properties will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing a Claim, Fettaya properties will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Fettaya properties for all fees associated with the arbitration paid by Fettaya properties on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

12. NOTICES:

13. RIGHT TO TERMINATE SERVICE: You agree that Fettaya properties may terminate or suspend the Service if you fail to comply with the terms and conditions of this Agreement, or for any other reason in Fettaya properties' sole discretion. You agree that Fettaya properties may refuse to process any payment, or may delay processing of any payment, if Fettaya properties believes that the payment may violate applicable law or this Agreement.

14. NO WAIVER: Fettaya properties' failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

15. SEVERABILITY: If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.

16. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and Fettaya properties with respect to the Service and supersedes all prior agreements, oral or written, with respect to the Service. If any part of this Agreement is determined to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

17. ASSIGNMENT: You may not assign or transfer this Agreement, by operation of law or otherwise, without Fettaya properties' prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Fettaya properties may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

18. THIRD-PARTY BENEFICIARIES: Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed, to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Resident's credit card issuer and financial institution are third-party beneficiaries of this Agreement with the power to enforce its terms as it pertains to payments they process on behalf of Resident.

19. CONTACTING YOU AND RECORDING CONSENT: By registering for the Service, you consent to receive electronic communications from Fettaya properties, including transaction notices, and/or communication necessary to manage your use of the Service. You agree to keep your email address current because it is a means through which we communicate important information about your account and the Service.

20. ACCEPTANCE: By accepting these terms and conditions, you agree to abide by the terms of this Agreement and any changes or amendments made by Fettaya properties. If you do not agree to these terms and conditions, do not use the Service and uninstall the Fettaya properties app.

21. ACCEPTANCE OF THE AGREEMENT: By accepting this Agreement, Resident acknowledges that they have read and understood the Agreement and that they agree to be bound by its terms and conditions.

Contact us for further inquiries:

Website: www.ablatos.com

Primary email: contact@ablatos.com

Secondary email: contact@fettaya.com

Physical address: 633 3rd Avenue | 19th Floor | Unit D New York City | NY 10017: