SW Utility Billing, LLC – Terms of Service
Updated May 22, 2019
These terms (the “Terms”) govern your use of the Atlas Payment Portal ("Atlas Payment Portal") provided by SW Utility Billing, LLC ("we" "us" or "our"). By using Atlas Payment Portal, you agree to be bound by these Terms. SW Utility Billing, LLC reserves the right to modify these Terms at any time in accordance with this provision. If we change these Terms, we will post the revised Terms on this website and update the “Updated” date at the top of these Terms. Your continued use of Atlas Payment Portal will constitute acceptance of the revised Terms.
1. Atlas Payment Portal
Atlas Payment Portal enables you to make online electronic payments, including those outlined within the resident's signed lease agreement (for example: Rent), to apartment community owners and managers (the “Payee”). Payments submitted through Atlas Payment Portal constitute payment by you (as the “Payor”) directly to the Payee.
2. Your Relationship With SW Utility Billing, LLC
Except for our limited role in processing payments that you authorize or initiate, SW Utility Billing, LLC is not involved in any underlying transaction between you and Payee. We are not a bank and do not offer banking services. We are not an agent in connection with the leasing of your apartment unit, and we have no control over the quality, fitness, safety, legality or any other aspect of your lease transaction.
3. Atlas Payment Portal Registration Process
In order to use Atlas Payment Portal, you must first register to create an account and become an authorized user in accordance with these Terms. To become an authorized user, you authorize SW Utility Billing, LLC, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include, without limitation, asking you to provide a form of government identification, or to verify your date of birth, address, and other information we deem necessary to validate your identity and ownership of payment accounts.
4. Payment Authorization
You authorize us to hold, receive and disburse funds in accordance with your payment instructions. When you submit a payment transaction through Atlas Payment Portal, you authorize us to debit or credit your designated payment account (ACH, credit card or debit card) and transfer such funds to the designated Payee. Atlas Payment Portal processes your payment and any applicable fees in accordance with your lease and the Payee’s resident portal policies. You agree that anyone you authorize to use your Atlas Payment Portal account may use Atlas Payment Portal on your behalf and that you will be responsible for any payments made by such person. You understand that an ACH authorization will remain in full force and effect until you cancel your payment(s) within the portal at least one business day prior to processing date.
5. Transaction Holds and Delays
We may delay, suspend or reject a payment transaction for any reason including, without limitation, if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of these Terms or otherwise subject to dispute or chargeback.
6. Payment Scheduling
You must select the Scheduled Payment Date for any payment. The selected Scheduled Payment Date must be at least one Business Day prior to the actual Due Date. If you select a Scheduled Payment Date that occurs after the Due Date, we are not responsible for any late charges that you may be charged by the Payee. ACH Payments received by 8pm CST are processed the following business day, not including bank holidays. Card payments received after 12am midnight CST are processed the following business day, not including bank holidays.
7. Payment Disputes
If a payment dispute arises between you and Payee after Atlas Payment Portal has processed your payment to Payee, Atlas Payment Portal is not responsible for resolving your payment dispute. You must resolve your payment dispute directly with the applicable Payee in accordance with the terms of you lease. Atlas Payment Portal may, in its sole discretion, cancel a payment in process prior to settlement to Payee, but has no obligation to do so.
8. Processing Errors
If there is an error in the processing of any payment transaction, you authorize us to debit or credit your designated payment account, as applicable, to correct such error.
9. Customer Service and Support
If you have any questions regarding a payment transaction submitted through Atlas Payment Portal, you must contact your property manager for assistance. Any matters that require escalation to SW Utility Billing, LLC will handled directly by your property manager and they will be responsible for communicating the resolution to you.
10. Payor Representations and Warranties
You represent and warrant to us that: (i) you are at least 18 years old, and capable of (a) performing under these legally-binding Terms and (b) granting the rights, licenses, and authorizations provided herein, (ii) the information you provided when registering for Atlas Payment Portal is accurate and complete, (iii) you will fulfill all of your obligations pursuant to the underlying transaction for which you submit a payment to a Payee and will resolve any payment dispute directly with such Payee, (iv) you will comply with all laws applicable to any payment transaction processed through Atlas Payment Portal, and (v) you will not use Atlas Payment Portal to commit fraud or in any manner that interferes with its use or function. You acknowledge that SW Utility Billing, LLC is relying on your representations as a condition of providing you with access to Atlas Payment Portal. If you provide information that SW Utility Billing, LLC reasonably suspects is inaccurate or incomplete, SW Utility Billing, LLC may, without limiting any other remedies, suspend or terminate your access to Atlas Payment Portal.
12. Unclaimed Property.
If we are unable to credit (for example, as a refund) the payment account you used to make a payment, and the funds are deemed abandoned under applicable unclaimed property laws, we will send such funds to the appropriate state or jurisdiction.
You will indemnify and hold harmless SW Utility Billing, LLC and our affiliates (and our/their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including, without limitation, reasonable attorneys' fees) arising out of any third-party claim, action, audit, investigation, inquiry, or other proceeding arising out of or relating to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, (b) your wrongful or improper use of Atlas Payment Portal, or (c) any payment transaction submitted by you through Atlas Payment Portal.
14. Disclaimer of Warranties.
SW UTILITY BILLING, LLC DOES NOT MAKE ANY PROMISES OR WARRANTIES (EXPRESS OR IMPLIED) ABOUT ATLAS PAYMENT PORTAL. ATLAS PAYMENT PORTAL IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN ADDITION, SW UTILITY BILLING, LLC DISLCAIMS ANY WARRANTY THAT ATLAS PAYMENT PORTAL WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
15. Limitation of Liability.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF ATLAS PAYMENT PORTAL REMAINS WITH YOU. TO THE EXTENT SW UTILITY BILLING, LLC IS FOUND LIABLE UNDER THESE TERMS, YOU AGREE TO THE FOLLOWING: (I) IN NO EVENT SHALL SW UTILITY BILLING, LLC, OUR AFFILIATES, OR OUR/THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE HEREUNDER FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTED ACCESS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILTY OF REALPAGE, OUR AFFILIATES, OR OUR/THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS EXCEED THE AMOUNT OF THE PAYMENT TRANSACTION THAT IS THE SUBJECT MATTER OF THE CLAIM.
16. Consent to Electronic Communications and Notices.
17. Governing Law and Venue.
These Terms are governed solely by the internal laws of the State of Texas, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction. You consent to (and waive any objection to) the personal and exclusive jurisdiction of the federal and state courts of Dallas, Texas.
18. GENERAL TERMS.
a. Any notices provide by You under these Terms must be in writing and delivered either in person or by commercial overnight carrier to: SW Utility Billing, LLC., 15814 Champion Forest Drive PMB 230, Spring, Texas 77379, Attn: Atlas Payment Portal. Notice will be considered given on the day personally delivered or 1 business day after sent by commercial overnight carrier.
b. These Terms comprise the entire agreement between SW Utility Billing, LLC and you relating to Atlas Payment Portal its and supersedes and cancels any prior agreements, representations and understandings in connection with the subject matter of these Terms.
c. If any provision of these Terms is not enforceable, this will not affect any other provision or terms.
d. The only way SW Utility Billing, LLC may waive any of its rights under these Terms is through a specific written waiver signed by its authorized representative. SW Utility Billing, LLC’s failure to enforce any provision of these Terms will not affect our right to subsequently enforce such provision or any other provisions of these Terms.
e. These Terms are between SW Utility Billing, LLC and you. They do not create any third party beneficiary rights.
f. These Terms do not create any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you, SW Utility Billing, LLC or our affiliates.
g. You may not assign to any third party any of your rights or obligations under these Terms.
h. SW Utility Billing, LLC will not be responsible for failure or delay of performance if caused by an act of God; act of war, hostility or sabotage; electrical, internet or telecommunications outage; government restrictions; or other event outside our reasonable control.
By agreeing to SW Utility Billing, LLC's Terms of Service you are also agreeing to the Terms of Service put forward by Dwolla found here. SW Utility Billing, LLC partners with Dwolla to provide a secure payment facilitation solution.