DepositCloud Account Agreement

**Applicable fees, charges, terms, and/or installment duration under this Agreement are subject to applicable laws (including any applicable emergency orders and local ordinances) and will not accrue or be charged to you during any period that such fees or other charges are prohibited by applicable laws.

How We Will Calculate Your Balance. We use a method called “average daily balance (including new charges).”
Introduction. This is the Agreement and Disclosure that governs your secured credit line (“DepositCloud Unlimited” or the “Account”). You accept and agree to be bound by the terms of this Agreement.
Active Account. You agree that you must have an active DepositCloud credit line account to maintain the requirements of your signed lease agreement for LEASED PREMISES.
Billing Rights. Information on your rights to dispute transactions and how to exercise those rights are provided in this account Agreement.
Collateral Account. This is an enrollment for a Collateral Account. In consideration of the issuance of this secured account, you have authorized DepositCloud, dba EasyPay by DepositCloud, (collectively, “DepositCloud”) to allocate a “Collateral Account,” in your name. If you fail to make your required payments on your account or otherwise fail to comply with the terms of the Agreement, you could lose all credit in the Collateral Account. To secure all of your obligations, in lieu of a security deposit, arising under the lease agreement for LEASED PREMISES, you assign, transfer, pledge, grant a security interest in, and set over to DepositCloud all rights, title and interest in the Collateral Account and in all renewals, additions and proceeds of the Collateral Account. You agree that this security interest, pledge, and assignment includes and gives DepositCloud the right to redeem, collect and withdraw any part of the full amount of the Collateral Account upon any default under the Agreement or in the event your secured account is terminated for any reason. You acknowledge and agree that this security interest, pledge, and assignment means that DepositCloud has exclusive control over the Collateral Account. You may not make any withdrawals from the Collateral Account while it secures your obligations for leased premises. The Collateral Account is a non-interest-bearing account; therefore, no interest will be paid to you on the Collateral Account. This security interest, pledge, and assignment is given as security for any and all amounts you may owe, including but not limited to fees and charges that may accrue under your secured account. You agree that if you vacate the leased premises, or the secured account is closed for any reason, DepositCloud may apply funds in the Collateral Account to pay off any balance owed to leased premises. If there are still funds remaining in the Collateral Account after doing so, these funds may remain on deposit for up to 60 days before being remitted to you. See the Collateral Account Agreement below.
Funding Your Collateral Account. After you have completed your enrollment for Account, you must make a payment of at least $50 to your Collateral Account before the date of tenancy, or required due date, per lease agreement. See the Collateral Account Agreement below for information on funding your Collateral Account.
More Information About Penalty Fees. If your total Minimum Payment Due for Account is not received within 5 days of your Payment Due Date, a Late Payment Fee will be assessed. For your first late payment after establishing the Account, your Late Payment Fee may be up to $25. For any other late payment, your Late Payment Fee may be up to $25. The Returned Payment Fee will not exceed $25.00.
The DepositCloud Account and the DepositCloud Unlimited Account Are Only Available Electronically. The DepositCloud Account and the DepositCloud Unlimited Account are only available electronically. That means that, in order for you to get these Accounts, you must agree to receive all disclosures electronically. If you do not have the systems needed to receive disclosures electronically, we cannot provide the Credit Account or the Collateral Account to you. See Consent to Electronic Disclosures in your Account Agreement below.
California Residents: A married applicant may apply for a separate Account. After approval, each applicant shall have the right to use the Account up to the limit of the account. Each applicant may be liable for amounts extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances of the Account from month to month.
Maryland Residents: No Finance charges will be imposed on the Account.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Wisconsin Residents: If you are married, by submitting your enrollment you are confirming that this account obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the account is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to Lease Premises is incurred. If the account for which you are enrolling is granted, you will notify DepositCloud if you have a spouse who needs to receive notification that an account has been extended to you.
Enrollment Agreement: This application is for a Collateral Account with DepositCloud. You certify that all information provided is true, correct, and complete and that you have the legal capacity to enter into this contract. DepositCloud is authorized to verify or check any of the information given and to obtain credit reports on you, if in the event of default. You authorize DepositCloud to obtain information from others to investigate your credit, employment and income history and state records including state employment security agency records and to report information regarding your account to consumer reporting agencies. You agree that your lease agreement and screening results provided by leased premises will establish the amount required for your Collateral Account, as well as which product you qualify for, based on leased premises screening criteria. If you do not qualify for the product or pricing requested or for the lowest pricing offered, you authorize DepositCloud to grant you the product and pricing for which you do qualify. You agree to be bound by the terms and conditions of the Agreement, which will be made available to you in your customer portal documents, and understand that the terms of your account may be changed at any time, subject to applicable law. You hereby stipulate to the terms of the arbitration program described in the Agreement. You understand and agree that you will be liable for payment of all amounts owing on the account.

•     1.)      Grant of Security Interest in the Collateral Account. To secure all of your Debt arising under your leased premises and under the terms of the Agreement, you assign, transfer, pledge, grant a security interest in, and set over to us all of your rights, title and interest in the Collateral Account and in all renewals, substitutions of, and additions and proceeds of the Collateral Account. This is your “Security Agreement.” “Debt” includes all amounts you owe to leased premises, or DepositCloud, including but not limited to move-out charges, unpaid rent, damages, fees and charges that may accrue under your leased premises, or Account, and also include without limitation any continuing guaranty arising from the leased premises, as well as each extension or renewal of such obligations, and any expenses that DepositCloud incurs in enforcing your obligations under this Agreement, including fees for independent and/or in-house counsel, where allowed by law. Your Collateral Account does not secure any obligations to us other than the Debt, as defined above. No portion of the Collateral Account will be available to you or may be used to secure other loans.
•     2.)      Our Rights Over Your Collateral Account. The security interest, pledge and assignment in your Collateral Account given to us by you includes and gives DepositCloud the right to make settlements or compromises on the Collateral Account; transfer the Collateral Account to lease premises or DepositCloud’s own name; or exercise ownership rights on the Collateral Account. You waive any right to require DepositCloud to:
  (i) proceed against you or any other person; (ii) proceed against or exhaust any security you have provided to us through other agreements; or (iii) pursue any other remedy in DepositCloud’s power.
•     3.)      Events of Default. DepositCloud may, without prior notice, declare you in default under the Agreement if any of the following occurs (a “Default”): (i) you fail to meet the conditions, to perform any obligation, or to make any required payment under the Agreement or any other agreement that you make with us relating to the Debt; (ii) you have given DepositCloud false or misleading information or misrepresentations; (iii) you die; (iv) any government authority takes action that DepositCloud believes adversely affects your financial condition or ability to repay the Debt; (v) any guaranty or other agreement required in connection with the Debt is violated or ineffective; or (vi) you file a bankruptcy petition, a bankruptcy petition is filed against you, or you make a general assignment for the benefit of creditors. If you Default, DepositCloud may declare default of the agreement, and may exercise all the rights of an owner of the Collateral Account.
•     4.)      Our Rights Upon Your Default. Upon any Default, we are authorized to act as owner of the Collateral Account and to apply all or any portion of the funds in the Collateral Account to repayment of the Debt and leased premises costs in enforcing its rights to lease agreement or hereunder. If there is a conflict regarding the security interest between this Collateral Account Agreement and any other agreement, this Collateral Account Agreement will control. You represent that no insolvency proceeding or general assignment for creditors is pending that would affect DepositCloud’s security interest. If DepositCloud waives or delays exercising a right, it does not forfeit that right or any others. You waive any defense you may have against DepositCloud. DepositCloud can exercise its rights against Collateral Account even if you are no longer liable on Debt because of a statute of limitations or because of other reasons. Until Debt is fully repaid, and you have no further obligations under your Agreement, you will subordinate in favor of DepositCloud any right of subrogation and any right to enforce a remedy Bank now has or may later have.
•     5.)      Closing Your Collateral Account; Returning the Funds. You may not close your account unless you have terminated your lease agreement and no longer reside at the leased premises, upon termination you may, by delivering to DepositCloud email or verbal notice that you wish to cancel. If you have a joint account, either party authorized to use your Account may request to close your account with notice. Such cancellation will be effective five (5) days after DepositCloud has received such notice. If your Account is cancelled, you are still required to pay everything you owed to DepositCloud, including any amounts that have not yet been billed to you in accordance with the terms of this Agreement.Until your obligations under the leased premises have been fully paid and the Account is closed, we may, in our discretion, close your Collateral Account at any time. If you or we close your Collateral Account, we may return excess funds in your Collateral Account to you by any of the following means: (i) by a transfer of the funds to a bank account you designate, and with your authorization; (ii) by sending a check to you at the address we have in our records; or (iii) some other method deemed sufficient by us. However, if the balance in your Collateral Account is $3.00 or less, we will not issue a refund to you unless you request it in writing. In addition, we may use the funds in the Collateral Account to pay any balances on your Account. You agree that if the Account is closed for any reason, we may apply the funds in this Collateral Account to pay off any balance due on leased premises, per your lease agreement. We also may hold the funds in your Collateral Account for as long as 60 days after you have terminated your lease agreement. If a check we send to you is returned by the Post Office as undeliverable and if we cannot locate you, we will hold the funds from your Collateral Account until you either contact us and provide information on how to send the funds to you or until we are required to remit your funds to a state under an applicable unclaimed property law, whichever occurs first. For this reason, it is important you update your contact information with us if your email address, mailing address or telephone number changes.
•     6.)      DepositCloud’s Liability to You.
  •     Acts and Omissions of Other Financial Institutions. We will not be liable for the intentional wrongdoing or the lack of ordinary care by any financial institution to which we have forwarded a check, draft, or other order or instruction for the payment, transfer or withdrawal of funds (an “Item”) for deposit to your Collateral Account.
  •     Waiver. If DepositCloud waives any of its rights on any one occasion, it will not be considered a waiver of DepositCloud's rights on any other occasion.
  •     Verification of Transactions; Rights to Reverse Erroneous Credits. All transactions, including without limitation those for which we have provided a receipt, are subject to our final verification. We may reverse any credit it has erroneously made to your Collateral Account, or for which funds were not finally collected by us, at any time without prior notice.
  •     General limitations. We will have no liability to you with respect to your Collateral Account, other than as provided in this Collateral Account Agreement. We will meet our duty to care for your Collateral Account if we exercise ordinary care in the transaction at issue. When we take an Item for processing by automated means, “ordinary care” does not require that we examine the Item. “Ordinary care” requires only that we follow standards that do not vary unreasonably from the general standards followed by similarly situated banks. A mere clerical error, or an honest mistake, will not be considered a failure of us to perform any of its obligations. Unless imposed by law, we will not be liable for consequential, special, punitive or indirect loss or damages.
•     7.)      Endorsements. We are authorized to supply your endorsement to any Item taken for collection, payment or deposit to your Collateral Account.
•     8.)      Withdrawals. This Collateral Account serves as the collateral for the leased premises in accordance with your lease agreement. It may be used to pay off any debt owed under the lease agreement, even during occupancy, provided landlord requests a draw for the repayment of unpaid charges that are allowed by lease agreement. You agree that you will continue to pay on this Collateral Account until your obligations under the Agreement have been fully paid and the Account has been closed. See “Closing Your Collateral Account; Returning the Funds” above for terms and conditions regarding return of the funds and closure of your Account.
•     9.)      Deposited Items Returned Unpaid. We have the right to charge back to your Collateral Account any Item deposited to your Collateral Account that is returned. We have the right to pursue collection of such Items, even to the extent of allowing the payor bank to hold an Item beyond the midnight deadline in an attempt to recover payment. These collection efforts may include sending such Items back for collection one or more times. We will have no liability for resubmitting or not resubmitting these Items (or for taking any other action we consider reasonable to recover payment) without notice to you.
•     10.)     Non-Interest-Bearing Collateral Account. No interest will be paid on this Collateral Account.
•     11.)      Fees. There are fees for the Collateral Account, see Enrollment Fee and Monthly Fee identified in the chart above.
•     12.)     Minimum Balance Limitations. The minimum balance to open this Collateral Account is $200.00. Neither your Credit Account nor your Collateral Account will be opened until we have received the minimum balance.
                  Your Initial Deposit. The initial payment to fund your Account must be at least $50. You may make your initial pay to your Collateral Account in any of the following ways: (i) providing cash to fund your Collateral Account at any participating retailer, subject to limits at participating retailers stated in customer portal (ii) using your debit card, credit card, or bank account (ACH) by logging on to our website at www.depositcloud.com. All deposits must be made in U.S. dollars. If you provide cash to a participating retailer to fund your Collateral Account, your account will charge a fee for that service.
•     13.)      Electronic Fund Transfer Disclosures. If you provide cash to a participating retailer to make your payment to your Collateral Account (see “Deposits to Your Collateral Account” above) this transaction could be conducted as an electronic fund transfer (“Transfer”). This Section includes Electronic Fund Transfer Disclosures that supplement other disclosures in this Agreement.
•     14.)      Transfer Types and Limitations. The only kind of electronic fund transfers that may be made to or your Collateral Account are those Transfers that occur when you provide cash to a participating retailer to fund your Collateral Account. See “Deposits to Your Collateral Account” for limitations on adding funds to your Collateral Account.
•     15.)      In case of errors or questions about your funding Transfers call us at 1-855-339-4725 or write us at P.O. Box 13112, Everett, WA 98206 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. When reporting an error or making an inquiry: (1) tell us your name and account number; (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) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you also send us your complaint or question in writing within 10 business days. 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 Collateral Account within 10 business days for the amount you think is in error, so that you will have the benefit of your 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 Collateral Account. For errors involving a new Collateral Account, we may take up to 90 days to investigate your complaint or question and we may take up to 20 business days to credit your Collateral Account for the amount you think is in error. 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.
•     16.)      Receipts. You can get a receipt at the time you make payment. That receipt could describe your payment in various ways, including “DepositCloud”, “EasyPay”, “ or “DepositPal.”
•     17.)      Statements. We will provide periodic statements for your Collateral Account (as part of your billing statement for your Account) electronically by notifying you by email and or SMS that your statement is available. When you receive this email or SMS, you will need to login to your Account at www.depositcloud.com to view and print your statement.
•     18.)      Business days. Our business days are every day except Saturdays, Sundays and federal holidays.
•     19.)      Disclosure of Information to Third Parties. We provide a copy of our privacy notice at the time your Collateral Account is established. Our privacy policy is also available on our website at www.depositcloud.com. By requesting, obtaining or using the Collateral Account you agree that we may release information in our records regarding you and your Collateral Account: to comply with any properly served subpoena or similar request issued by a state or federal agency or court; to share your credit performance with credit reporting agencies and other creditors who we reasonably believe are or may be doing business with you on your Collateral Account; to provide information on your Collateral Account to any third party who we believe is conducting an inquiry in accordance with the Federal Fair Credit Reporting Act; to share information with our employees, agents or representatives performing work for us in connection with your Collateral Account; or to communicate information as to our transactions or experiences with you to persons or entities related by common ownership or affiliated by the corporate control or with any third party (including non- affiliates).
•     20.)     Consent to Electronic Disclosures. This Collateral Account is only available electronically. In order for you to obtain and maintain the Collateral Account, you agree to receive all disclosures electronically. Those disclosures will include your periodic statements, annual privacy notices, any change in terms notices, and any other disclosures that we are required or choose to provide to you (collectively, the “Account Materials”). In order to receive these Account Materials electronically, you must have the following systems (the “System Requirements”):
  • a personal computer
  • Microsoft Windows 7 or Mac OS 10.X or higher
    • a secure (encrypted) Web Browser (Firefox 38 or higher, Internet Explorer 11 or higher, Chrome 43 or higher, Safari 8 (Mac) or higher)
  Internet access through an Internet Service Provider (ISP)
  • a valid email address
    • for viewing electronic account statements, Adobe Reader. To download a free copy of Adobe Reader, please visit https://get.adobe.com/reader/
  If you cannot satisfy these System Requirements, you should not accept the Collateral Account and will not be able to obtain a Credit Account. If you satisfy the System Requirements now but for some reason cannot do so in the future, you should close your Credit Account. See your Agreement for more information on closing your Credit Account and the consequences of doing so.
•     21.)      Governing Law. You understand and agree that (i) this Collateral Account Agreement is subject to applicable federal laws and, to the extent not preempted by federal law, the laws of the State of New Hampshire, and (ii) your Collateral Account was opened or will be continued after approval by us in the State of New Hampshire. If any provision of this Collateral Account Agreement is in conflict with applicable law, that provision shall be considered modified to the extent necessary to comply with such law.
•     22.)     Force Majeure. Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under this Collateral Account Agreement if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).
•     23.)     Prior Agreements. This Agreement supersedes any other agreement between DepositCloud and you related to the repayment of deferred rent amounts under your signed lease agreement for LEASED PREMISES, including ______________________________________________________________.