Revised December 2, 2025
The following terms and conditions are applicable to Client’s use of the Utility Resident Billing Services and are hereby incorporated by reference to the Agreement, if Client is purchasing access to Utility Resident Billing Services as indicated in the Agreement. If any of the terms herein conflict with the Terms in general, these terms shall control in regard to Utility Resident Billing Services. Any terms not defined herein will have the meaning prescribed to them in the Terms.
a. Utility Resident Billing Service – Scope.
i. Resident Billing Processor. Company will perform the Utility Resident Billing Services for each Property located in a state or locality whose Laws do not prohibit Utility Resident Billing Services. Company will not collect any monies from Residents. Only Client will collect amounts owed by Residents. Company will provide Client with a monthly breakdown of the corresponding amounts billed for each utility, service, or fee to each Resident of the Properties.
ii. Implementation. In addition to other implementation requirements applicable to Client which may be set forth elsewhere in the Agreement, Company will coordinate with Client to create an implementation schedule to begin receiving data and generating statements for Residents. Key information will be gathered and billing rules will be developed for Client review and approval before implementation will commence. Company will work with Client’s Property and IT personnel to establish and test a reliable data exchange process. Implementation will be completed following a mutually agreed upon schedule. Failure to meet this schedule may result in additional charges.
iii. Resident Statement Creation. Company will create a Resident statement for each unit in a Property for which Client has notified Company that there is a Resident. Per Client’s instructions, the statement may include, among other items, monthly rent, Resident balance forward, any concessions, late fees, Resident statement fees, special facilities charges, utilities expenses (e.g., water, sewer, gas, or other fees), and other agreed-upon ancillary items and service charges (e.g., pet fees, pest fees, trash, cable expenses, telephone expenses, parking fees, and other items). With the exception of the utilities expenses, Company does not review the other charges and/or fees or other information provided by Client for accuracy or compliance with Law.
iv. Calculation of Resident Billing Statements. Company agrees to allocate utility expenses per Client’s written instructions and in compliance with Law. Company will prepare the charges for each Resident based on the Resident Data, the master meter utility invoices, and any other relevant factors provided by the Client monthly. Company may elect to estimate charges based on previous utility invoices in instances where the utility invoice is unavailable (where allowed and as permitted by Law).
v. Client Submeter Readings and Calculation of Resident Billing Statements. Company will review Client submitted submeter readings as needed for billing purposes from manual and/or remotely-read automatic metering systems. Client shall provide accurate submeter readings to Company in a timely manner. In the event that Company is required to produce estimated statements due to inaccurate or unprovided submeter readings, Client understands that Company will only provide such estimated statements for the period prescribed by Law (or consistent with industry practice where the Law does not include a stated time frame). Client must provide for maintenance and repair of all submeter systems, per Company’s recommendations and/or the recommendations of the applicable equipment manufacturer or supplier. If a unit is occupied and the activated submeter shows no movement, the Resident will receive an estimated bill for utility usage based upon Company’s examination of comparable month’s utility usage (where allowed and as permitted by Law).
vi. Resident Statement Delivery. Company will provide Residents with their Resident statement electronically via email (where allowed by Law). Where electronic statements are not permitted by Law and/or in the event that Client requests in writing that Company send the Resident statements via U.S. Mail, Company may charge Client a per statement mailing fee in addition to any other billing fees under the Agreement. Client is responsible for ensuring that the Resident establishes and maintains their personal email address. Company assumes no responsibility for undelivered emails due to Resident failure to maintain a current email with Company, interruptions in services caused by internet service providers, web application providers, or other factors beyond Company’s control.
vii. Ledger Update. Company will update the property ledger with all Resident charges and fees that Company has calculated (such as Ratio Utility Billing (“RUBS”) charges) so that Resident statements and property ledgers will maintain the same balances. Company will use automated data exchanges where possible.
viii. Licenses or Permits. If Law in the jurisdiction in which the Property is located requires Client to obtain any registration, approval, license, or permit required for the provision of the Services, Client hereby agrees to obtain such registration, approval, license, or permit and provide such registration, approval, license, or permit to Company upon request.
ix. Service Suspension. In addition to suspension rights set forth elsewhere in the Agreement, Company reserves the right to suspend providing the Utility Resident Billing Service in the event that continued provision of the Service would be non-compliant with Law, including but not limited to where estimated readings (including RUBS), and the related subsequent billing statements, would be out of compliance. Company will use reasonable efforts to provide notice to Client of any such suspension; however, Company shall not be liable for any damages due to such suspension.
b. Billing Errors. If there is a billing error on any Resident statement, and the parties agree that the error was caused by Company, Company has the right to issue corrected charges on a subsequent Resident statement with no additional remedy to Client. Estimated or incorrect charges due to circumstances outside of Company’s control shall not be considered billing errors.
c. No Legal Advice Provided. Client understands and agrees that any suggestion(s), and/or best practices provided by Company to Client regarding any Law, utility billing calculation, or implementation shall not be considered legal advice and Client is fully responsible for consulting its own legal representation. Client warrants that any suggestion(s), and/or best practices provided by Company to Client have been reviewed and approved by their legal representation prior to implementation by Client. To the maximum extent allowed by law, Client agrees to waive any and all liability of Company as to these matters.