Terms and Conditions
Terms and Conditions
Please carefully review these terms and conditions before using this site. Your use of this site and, separately, your enrollment in our services are subject to the following terms and conditions. Your use of the site or your enrollment constitute your agreement to abide by each of the terms and conditions set forth below. If you not agree with any of these terms or conditions, you should exit this site immediately and not visit, browse the site or enroll in our services. You agree that by using the service you represent that you are at lease 18 years old and that you are legally able to enter into this agreement.
The following are terms of a legal agreement (the "Agreement") between you (“Landlord” or “Tenant” or “you”) and NubaCap ("NubaCap", "we", or "us"), that sets forth the terms and conditions for your use of this Site (the "Site"). The Site is owned and operated by Junto Associates, LLC DBA NubaCap. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing, and/or using this Site via any medium, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
Changes to Agreement
We reserve the right to amend this Agreement, at our sole discretion, at any time and may notify you by sending you an email or by posting the updated terms on our Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting and shall supersede all previous versions. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
Last updated – April 2020
NubaCap provides online rental payment services, credit history and credit reporting services for landlords, rental property owners, rental property managers (the "Landlords"), and their respective tenants (the "Tenants"). NubaCap’s online rental payment services include, but are not limited to, electronic check, credit card, check scanning, pay-by-phone services, and pay-by-check services that enable monthly rent payments, recurring rent payments, and other fixed payments between Tenants and Landlords (the "Payment Services"). NubaCap may also offer these Payment Services to Tenants and Landlords through partners and affiliates. NubaCap's credit history and credit reporting services include, but are not limited to, Tenant and Landlord identity verification, credit profile analysis and simulation for Tenants, credit score display and monitoring for Tenants, and rent payment reporting to credit bureaus for Tenants(the "Credit Services").
NubaCap provides Tenants with the ability to report rent payments to credit bureaus (the "Reporting Services"). Tenant acknowledges that each bureau has unique approaches to rental payment data furnishing and reporting. Rental payments and delinquencies will be reported to TransUnion. In addition and if desired, tenant has the ability to "opt-out" of reporting. While NubaCap takes all commercially reasonable steps to report data correctly to the credit bureaus according to their methods and recommendations, NubaCap cannot guarantee the accuracy of the data on Tenant's credit report. Furthermore, we can provide no guarantee of future reporting to the bureaus, as each bureau regularly revisits their compliance procedures and competitive positions. Tenant understands that it may take up to six months for rental payment data to appear on credit bureau records. If Tenant deems any payment data found on their credit report incorrect, NubaCap will assist Tenant in investigating the issue upon receipt of a written request from Tenant. In addition, Tenant may file a dispute with NubaCap or directly with the credit bureau. Tenant understands that a credit freeze does not prevent NubaCap from sending data to the credit bureaus. A credit-freeze only prevents the credit bureaus from providing NubaCap with information from Tenant's credit profile. The data displayed by NubaCap regarding rental history is only a representation of the Tenant's tradeline, and not actual data from the credit bureau. Tenant should review their credit profile at each bureau in order to verify the accuracy of the rent reporting.
Landlords acknowledge that they must report any outstanding balance at time of move-out or lease-end. Landlords also acknowledge that unless they record all rent payments in the Payment Services that were made through alternate means (i.e. paper check, cash), Tenant may not receive credit for these payments.
NubaCap may handle the transfer of payment from a Tenant to a Landlord by producing a negotiable instrument with Tenant's pertinent financial institution account information and executing the instrument on behalf of the Tenant to allow the transfer of funds directly from Tenant to Landlord. Both Tenant and Landlord will receive timely communication acknowledging payment initiation and, when available, settlement.
In addition to the services above, we may collect Tenant information, including but not limited to information retrieved such as credit score, credit profile data, or consumer entered or verified information such date of birth. This data is not shared with third parties in an identifiable manner. Based on this information, we may present Tenant with offers from associated affiliates (the "Prequalified Affiliate Offers"). These offers may be presented through a variety of communication channels, including but not limited to email (if Tenant has "opted in"), Site ad placements, and telephone. NubaCap, at its discretion, and under separate agreement, may choose to share revenue from Prequalified Affiliate Offers with Landlords.
NubaCap will receive Tenant's credit score from one or more credit bureaus. We may recalibrate this score to display a consistent score to our users ("Scores"). Our credit scores are not to be confused with FICO scores, Vantage scores, Empirica scores, Beacon scores, or any scores from TransUnion, Experian or Equifax, unless such scores are specifically labeled. All of our Scores may not be used to grant credit.
The Services and Affiliate Offers are not intended to provide any credit repair, legal, tax or financial advice. We cannot guarantee any improvement in credit scores. NubaCap offers a satisfaction guarantee which offers a refund should NubaCap fail to deliver the service we agreed to deliver on, or if our customer service experience does not meet your expectations. NubaCap satisfaction guarantee cannot be claimed as a result of your credit score not improving. Tenant acknowledges that NubaCap is not a Credit Bureau and does not have direct influence over any aspect of credit, credit profiles, or how credit scores are calculated.
Obligation to Provide Accurate and Complete Information Where Required
In order to provide the Reporting Services and/or Payment Services, NubaCap is obliged to employ reasonable authentication methods to verify the identity of Tenants and Landlords. In order to use the Services, you agree to: (i) provide information about yourself and any associated business that is true, accurate, and complete as prompted by the Service's sign up process and (ii) where applicable and appropriate, maintain and update your information to keep it true, accurate, and complete. In the event that you falsify information, or provide inaccurate, untrue, or incomplete information, NubaCap may, at its sole discretion, suspend or terminate your access to the Reporting Services and/or Payment Services and deny any future access to the Reporting Services and/or Payment Services. You may not use the Reporting Services and/or Payment Services for any illegal purpose or in any manner inconsistent with the terms and conditions of this agreement.
Payments Processing Policy
As a Tenant, you will have the opportunity to set up and review one-time or periodic rental payments through our Payment Services. When doing so, you authorize NubaCap’s payment processor to electronically debit the checking account, debit card or credit card provided for the amount of the rent you specify, and when setting up periodic rental payments, for the frequency you specify on behalf of your Landlord. You also authorize NubaCap to charge a technology platform fee for processing payments where applicable. Any technology platform fees will be stated on the payment initiation form and payment review page. If a rent payment is dishonored or returned for any reason, you authorize an additional debit to the payment account you provide in the amount of $25 USD or the maximum amount allowed by state law, whichever is greater. For payments you believe were improperly made, NubaCap may, in its sole discretion, void, rescind, or issue a credit for your rent payment made through the Payment Services at any time prior to the remittance of payment to your Landlord. Once remittance has been made to a Landlord, NubaCap will not rescind or return any Tenant funds. You waive the right to cancel credit card payments that have been cleared through our Payment Services.
NubaCap reserves the right to not accept a payment, or cancel recurring payments from any payment account(s) that have had one (1) or more failed, canceled, returned or other unsuccessful transaction. In the event, you the Tenant, attempt to make a payment on an account for which you are unauthorized to use or is otherwise blocked, you will be notified of your invalid payment account status. As a Tenant, you will also be notified by NubaCap if any active scheduled or recurring payments were canceled from a payment account due to one (or) more previous unsuccessful transactions.
NubaCap can facilitate the creation of a merchant account through a third-party licensed money transmitter for the collection of electronic check and credit card payments which can be distributed into your bank account. NubaCap does not receive money for transmission or transmit money by any means. NubaCap will also provide reporting of payment acceptance and processing to the Landlord, including payment details and summaries. While NubaCap will retain proper records and use address verification services for each transaction, Landlord is also required to retain, for not less than two (2) years, original invoices, receipts, and bank statements related to the collection of rent from Tenants. In the event of a chargeback (credit card) or non-sufficient funds (electronic check) notice, your bank account will be immediately debited for the amount disputed or deemed not available.
All charges made through NubaCap or to NubaCap are facilitated through our third-party licensed money transmitter or payment processor. As a condition of NubaCap enabling Payment Services through our third-party payment processor, you agree to provide NubaCap accurate and complete information, and you authorize NubaCap to share transaction information related to your use of the payment processing services provided by our payment processor. NubaCap may replace its third-party payment processing services without notice to you.
Payments initiated through NubaCap Payment Services may take several days to clear or be fully executed. For this reason, your credit card will be charged, your debit card will be debited or an Electronic Fund Transfer ("EFT") will be initiated as set forth on the payment confirmation page when you complete your payment information, which may be prior to the mailing date or direct deposit date of your payment. You must have funds available or credit availability (in the case of credit card payments) on the date that payment will be withdrawn or processed as provided on the payment confirmation page that you receive upon scheduling a payment. We reserve the right to refuse to pay any payee whom you may designate for a payment. We will attempt to notify you promptly if we decide to refuse to pay a payee you have designated. This notification is not required if you undertake any Restricted Activity.
Tenant is ultimately responsible for make sure payment is processed fully. We advise you to log in on the day of your payment to double check that the payment is PAID. If you have emails enabled, we will also send you an email receipt when we execute the payment. We cannot be held responsible for late fees or missed payments due to any perceived usability issues, user interface misunderstandings, or other similar misgivings.
If a landlord is not signed up with NubaCap to receive direct deposit payments, NubaCap may handle the transfer of payment from a Tenant to a Landlord by producing a negotiable instrument with Tenant's pertinent financial institution account information and executing the instrument on behalf of the Tenant to allow the transfer of funds directly from Tenant to Landlord ("Check Printing and Mailing Service"). Both Tenant and Landlord will receive timely communication acknowledging payment initiation and, when available, settlement. This negotiable instrument will be sent by mail through the United States Postal Service. NubaCap will estimate, and display to you, the estimated time necessary for delivery. This date is only an estimate and does not constitute a guarantee. It is the final responsibility of Tenant to confirm there is adequate time for a payment to be mailed to its final destination. If you decide to use the Check Printing and Mailing Service, you accept that NubaCap makes no promises, representations, or warranties regarding the amount of time needed to complete the delivery of the negotiable instrument. Delays in the United States Postal Service may contribute to delivery delays. NubaCap cannot guarantee Landlord will open and deposit the negotiable instrument. NubaCap shall not be liable for any actual or consequential damages arising from any claim of missing negotiable instruments or mailing delays caused by the United States Postal Service or the recipient. NubaCap does not overnight mail in the event of delays or issues beyond our control.
Ownership of Funds
For rental payments, NubaCap will issue a full refund when both the Tenant and Landlord approve of the refund. NubaCap does not support partial refunds. NubaCap will honor refunds for up to 30 days after payments are processed. Refunds requested after the 30 day period are required to be addressed directly between the Tenant and Landlord. If both parties do not agree on the refund amount and timing, please see NubaCap’s Dispute Policy.
For subscription payments, NubaCap will issue a full refund if the customer is not satisfied with the service. If the subscription was for rent payment reporting via a bank connection, any entry created on the consumer's credit report will be deleted, and the consumer will not receive any credit for their rent payments.
If a dispute arises after payment is remitted to Landlord, or in the event the Tenant rescinds payment before remittance, or in the event of a chargeback or non-sufficient funds (NSF), the responsibility to settle the dispute rests with the Tenant and Landlord. In the event that the Landlord refuses to accept the payment, Tenant payment liability to such Landlord may remain outstanding and unpaid and may be subject to penalties, late fees, interest charges, and possible eviction as assessed by the Landlord, all of which remain Tenant responsibility. NubaCap and our third-party licensed money transmitter and/or third-party licensed payment processor cannot be held liable for delivering rent payments in dispute, or in not delivering rent payments where funds are refused, insufficient or charged back to the originating credit card.
To revoke authorization for periodic payments, please stop these payments within the Site, or contact NubaCap customer service at firstname.lastname@example.org or 305-501-0662.
Agent of the Payee
Through NubaCap's Payment Services, you may use any payment method accepted by NubaCap to make a rent payment to your Landlord. You acknowledge and agree that, with respect to any payment transaction initiated through NubaCap, NubaCap is acting on behalf of the payee and not as your agent. Except as otherwise provided herein, you shall have no ability to cancel any initiated transaction, and, once you initiate payment, those funds will be handled at the direction of the Landlord.
In addition, how those funds are applied is also at the discretion of the Landlord. For example, if you tell us that some portion of your payment was rent so that we might report that amount to the credit bureaus, this does not mean that the Landlord will apply any payment to rent charges first. You may have other outstanding charges that are greater than your payment amount resulting in all funds being applied to non-rent charges. Therefore, you may still be evicted for insufficient payments made to cover all of your outstanding charges including rent and other balances, and NubaCap cannot be held liable for such a circumstance. It is your responsibility to understand your current charges and balance before making a payment on NubaCap, and what the ramifications may be if you make only a partial payment.
Some of the Reporting Services and/or Payment Services mentioned in this agreement may only be available for a fee. You will only be charged for fee-based services after we obtain your consent to pay such fees. We reserve the right to change fees for access to the Reporting Services and/or Payment Services, or to change what features are available at different fee levels, at any time. You shall pay all fees incurred through your use of the Reporting Services and/or Payment Services at the rates in effect for the billing period in which such Services are delivered.
You are entitled to a full refund of a credit report or credit service purchase if the data presented by our Credit Services is incorrect and does not match what is on file at TransUnion or in your TransUnion credit report retrieved through AnnualCreditReport.com. You acknowledge that we may display different scoring models than other sites, and scores and score history may not perfectly match those found on other sites.
Either you or NubaCap may cancel use of the Payment Services and/or Reporting Services with or without cause at any time. NubaCap cannot be held liable for missed rent payments as a result of Payment Services cancellation. You may cancel the Payment Service by calling 305-501-0662 or by emailing email@example.com. You will remain liable for all outstanding payments and fees due at the time of cancellation, and NubaCap may, at its discretion, initiate any final transactions to pay for outstanding payments and fees upon cancellation.
Specific Consents Granted by your Enrollment
At the time that you verify your identity, you agree that you are providing to us the following specific consents (in addition to being subject to this Agreement):
You understand that by enrolling in NubaCapservices, you are providing 'written instructions to NubaCap under the Fair Credit Reporting Act authorizing NubaCap to obtain information from your personal credit profile or other information from Experian, TransUnion, or Equifax. You authorize NubaCap to obtain such information to verify your identity, provide you with your score and aggregated credit information, and to enable rent reporting to Experian, TransUnion, and/or Equifax. You may opt-out of rent reporting at any time by logging into your account and changing your settings or by emailing firstname.lastname@example.org.
If we are unable to verify the identity of all parties involved in a transaction, NubaCap reserves the right to deny use of our Payment Service and/or Reporting Service and any additional service or product offered by NubaCap, in accordance to KYC (Know Your Customer) and AML (Anti Money Laundering) payment processing regulations, or for any fair reason that we may deem will materially affect the business.
NUBACAP, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "NUBACAP PARTIES") DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND NUBACAP DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. WITH RESPECT TO THE RENT REPORTING YOU HEREBY ACKNOWLEDGE YOUR UNDERSTANDING THAT NUBACAP IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE CREDIT REPORTING AGENCIES (EXPERIAN, EQUIFAX, or TRANSUNION) ACTUALLY FURNISHING THE CREDIT PROFILES AND SCORES AT ISSUE AND BETWEEN YOU AND THIRD-PARTY SITES (IN THE CASE OF THIRD PARTY PRODUCTS AND SERVICES); THEREFORE, THE NUBACAP PARTIES HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT PROFILES AND SCORES OR FOR THE CONTENT, AVAILABILITY, OR LEGALITY OF ANY OF THE PRODUCTS AND SERVICES MADE BY THE THIRD-PARTY SITES.
THIS SITE AND ALL OF THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE, CONTENT OR SERVICES. THE NUBACAP PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY INFORMATION THAT YOU PROVIDE TO THE WEBSITE WILL BE SECURE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NUBACAP MAY DISCONTINUE OR MAKE CHANGES IN THE SITE, THE CONTENT, AND/OR THE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE NUBACAP PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NUBACAP RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
This Agreement is effective until terminated by either you or NubaCap as set out below.
If you want to terminate your legal Agreement with NubaCap, you may do so by (a) notifying NubaCap at any time by sending an email to email@example.com with the subject "Termination of Service" or (b) opting out in the your account at nubacap.com (c) by stopping and periodic or recurring payments. Upon any termination of this Agreement, you shall promptly discontinue use of the Site and the Services and your right to access and use the Site and Services will terminate immediately.
NubaCap may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site, the Content, and/or the Services at any time, with or without cause, in NubaCap’s absolute discretion and without notice.
The following provisions of this Agreement shall survive termination of your use or access to the Site: Disclaimer of Warranties, Limitation of Liability, Submissions Through the Website, Specific Consents, Granted by Your Enrollment, Trademarks, Governing Law and Dispute Resolution, Waiver, Indemnification, General Provisions, and any other provision that by its terms survives termination of your use or access to the Site, the Content, and/or the Services.
NubaCap will maintain the most basic personal information (email address) to enable future activation or use of Site, the Content, and/or the Services in the event you terminated the Agreement.
Failure by NubaCap to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Limitation of Liability
Under no circumstances will the NubaCap parties be liable for any damages including, without limitation, general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost of profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the site, the content, the services, or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the NubaCap parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The NubaCap parties are not liable for any defamatory, offensive, or illegal conduct of any user. Your sole remedy for dissatisfaction with this site, the content, and/or the products/service is to stop using the site and to notify us that you no longer desire to receive the products or service. If your use of this site, the content, and/or the products/services results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. If any of the foregoing limitations are found to be invalid, you agree that the NubaCap parties’ total liability for all damages, losses, or causes of action of any kind or nature whatsoever shall be limited to the greatest extent permitted by applicable law.
Monitoring of the Site
NubaCap has no obligation to monitor the Site; however, you acknowledge and agree that NubaCap has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
Submissions Through The Website
Security Features and Website Requirements
NubaCap uses best-practice security measures. Even though we use these security measures, we may not always be able to successfully provide our Services to you, so we do not guarantee or warrant that we will be able to provide any such Services to you, even if you enroll for such Services.
NubaCap may use your personal information to the extent necessary to provide Services. To enroll and use the Site and Services you must have an email address, a modern Java-script compatible browser, and enable cookies.
Governing Law and Dispute Resolution
This Agreement shall be subject to and construed under the laws of the State of Florida, without reference to the conflicts of law provisions thereof. Exclusive venue shall be in Miami Dade County, Florida.
You understand and agree that all claims, disagreements, disputes or controversies between you and NubaCap, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, whether they arise from your use of this Website or from any other aspect of your relationship with NubaCap, shall be resolved arbitration and/or mediation. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The costs of arbitration shall be equally paid by the parties. The parties voluntarily and knowingly waive any right they have to a jury trial.
Exclusivity and Billing
Landlords agree that NubaCap is sole, exclusive provider of Reporting Services and Payment Services and Landlords agree to pay The NubaCap Fees as outlined during enrollment for Services. NubaCap invoices Landlords monthly for the previous months activity and payment is due upon receipt. All amounts not paid within 30 days from invoice date shall be assessed a 2.0% monthly service charge unless applicable laws or regulations dictate a lower maximum service charge. All discrepancies must be brought to NubaCap’s attention within 30 days via phone or email. All late fees, collection costs, and attorney's fees may be added to past due accounts.
If any provision of this Agreement is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
This Agreement constitutes the entire agreement between NubaCap and you in connection with your use of the Site, Content and the Services, and supersedes any prior versions of the Terms of Service, if applicable. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.
If you have questions regarding this Agreement or the practices of NubaCap, please contact us by email at firstname.lastname@example.org or by US Mail at NubaCap, 1850 SW 8thStreet, 204F, Miami, FL 33135.