TERMS AND CONDITIONS
ONLINE PAYMENT OF SECURITY DEPOSIT AND HOLDING FEE
- Purpose and Agreement
By submitting payment of a security deposit and/or holding fee via credit card, you (“Applicant” or “Tenant”) agree to the following terms and conditions. This document governs the acceptance of online payments and the handling of funds in accordance with Colorado law and applicable federal regulations.
- Security Deposit Terms
The security deposit is fully refundable, except for deductions permitted by law (e.g., unpaid rent, damages beyond normal wear and tear).
It will be held in a trust account as required under Colorado Revised Statutes § 38.12.102-1205.
Refunds will be made within the time specified in the lease agreement, not to exceed the statutory maximum.
- Holding Fee Terms
A holding fee is required to temporarily remove the property from the market.
This fee is:
Credited toward move-in costs if the lease is executed by a specified date, or
Non-refundable if you fail to sign the lease by that date for any reason other than the documented denial of the application.
Holding fees are governed by Colorado Attorney General guidance and must not be misrepresented as deposits unless refunded or credited.
- Credit Card Processing and Fees
Online payments are processed via a secure third-party processor.
A processing fee may apply and will be disclosed prior to payment submission.
You acknowledge that chargebacks, disputes, or claims of fraud may delay or cancel the holding of the property.
- Authorization and Compliance
By proceeding with the electronic payment, you authorize Better Homes and Gardens Real Estate – Kenney & Co to accept and process your payment via secure electronic means.
You acknowledge this transaction is governed by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and Regulation E, ensuring legal enforceability of electronic agreements.
You agree not to submit false or fraudulent information.
- Cancellation and Refund Policy
Security deposits may be refunded in accordance with lease terms and Colorado law.
Holding fees are non-refundable unless:
The landlord declines your rental application, or
You notify the landlord in writing of withdrawal before a specified deadline.
- Contact Information for Disputes or Questions
For questions or assistance with payments, you may contact BHGRE Kenney & Co at 719-550-1515.
- Data Security Disclaimer
All online payments are processed through secure, PCI-compliant platforms. The BHGRE Kenney & Co does not store credit card information and is not liable for third-party breaches.
- Returned/Rejected Payment Clause
If your payment is returned or rejected for any reason, you will be responsible for all associated fees and costs and must provide alternative payment in the form of guaranteed funds within 24 hours.
- Chargeback Waiver
You agree not to dispute charges associated with this payment through your financial institution and will resolve any concerns directly with BHGRE Kenney & Co.
- Acknowledgment
By proceeding with the electronic payment, you affirm that:
You understand and agree with these terms,
You have received a copy of this document, and
You authorize the electronic transfer of funds as outlined in the terms above.
