Terms & Conditions
1. SINGLEKEY SERVICES AND PROCESS
SingleKey offers two main services through the SingleKey Rent Guarantee Program and the SingleKey Credit and Background Check Report (“Report” herein). The terms and conditions surrounding our services are outlined below.
SingleKey Credit and Background Check Report
SingleKey offers a comprehensive credit and background check report that allows landlords to screen tenants . SingleKey’s report includes data provided by Users and third party sites in order to provide the most accurate credit, background and social media data points available on an individual. Private information is collected and distributed in accordance with Canadian privacy legislation.
There are two ways of requesting a Report. The first path is to request a report on behalf of an applicant Tenant. The second path is to send a request to an applicant tenant to provide the necessary details for producing a Report. The terms surrounding each methods of requesting a report are detailed below.
Request on behalf of an Applicant – A Landlord can request a report on behalf of a Tenant.
Request by Applicant – Where the Landlord is not in possession of an individual’s personal information, or has not received express consent to request the credit and background check report on their behalf, the Landlord must select the “no” box on the Website. A request is then sent to the Tenant requesting for them to input their own personal information.
Personal data submitted to SingleKey by a Tenant constitutes “express consent” to produce a report using the personal details provided.
SingleKey does not guarantee the value or scores produced and provided in the report as our reports intended to act in a predictive manner. SingleKey is not responsible for any loss or damage caused resulting from the failure of a score used to accurately predict the potential worthiness of an individual.
SingleKey Rent Guarantee Program
Before enrolling in the Rent Guarantee Program, Landlord must sign and agree to all relevant documentation before SingleKey can provide any services. The relevant documentation includes but is not limited to
Rent Guarantee – Payment Terms
Rent Guarantee Payments will be made in monthly increments for defaulted tenant rent. This commences 30 days after valid notice is provided to Pensio Property Management Group Inc (“Principal”). Following notice, monthly payments will be made on rent payment dates subject to the terms and conditions of the tenant’s valid lease agreement with the Landlord. This includes any due and unpaid defaulted rent for 12 months, in the event the tenant continues to occupy the Landlord’s property, or for a maximum period of ninety (90) days from the date the property was vacated or abandoned by the tenant.
Rent Guarantee payments shall be made in monthly increments (up to a maximum of 12 months for any one Unit), for defaulted tenant rent, commencing 30 days after valid notice is issued to the Principal. Thereafter, monthly payments will be made either:
a) on rent payment dates subject to the terms and conditions of the tenant’s valid lease agreement with the Landlord;
b) when rent is due and is unpaid defaulted rent for 12 months where the tenant occupies the Landlord’s Unit, or;
c) for a maximum period of ninety (90) days from the date the Unit was vacated or abandoned by the tenant.
In the event the Landlord accepts any payment from the Tenant after notifying the Principal the Landlord is required to immediately instruct the Principal to halt all eviction and collection proceedings. The maximum reimbursement to be paid by the Principal to the Landlord in respect of a tenant’s obligation to pay defaulted monthly rent shall not exceed sixty thousand dollars ($60,000) in any one (1) year for any one (1) unit.
Rent Guarantee – Damage Reimbursement Terms
In the event the legal Tenant negligently or willfully damages the Landlord’s property, the Landlord must advise the Principal on the next business day (or immediately). In the event the legal Tenant disputes responsibility for causing damage and/or fails to reimburse the Landlord for repairs, the Landlord will appoint the Principal as their exclusive agent to file a claim on their behalf to seek an order from a Provincial court or tenant tribunal to recover the disputed damages. Where an order is awarded by the court, the Principal will reimburse the Landlord within 30 days of receipt of the order in the event the tenant has not reimbursed the Landlord. The maximum reimbursement shall not exceed ten thousand dollars ($10,000.00) in any one (1) year for any one (1) unit.
Rent Guarantee – Eviction and Collection Terms
The Rent Guarantee Program also covers any potential eviction or collection that may need to occur on behalf of the Landlord against a tenant. The Principal will act as the exclusive agent to the Landlord to evict the Tenant and collect unpaid defaulted rent or unpaid negligent and willful tenant damage. A Landlord can provide notice to the Principal to assume direct responsibility for the eviction and collection services. The Principal must then be immediately reimbursed by the Landlord for previously paid Rent Guarantee payments, or any amount paid by the Principal to reimburse the Landlord for the uncollected negligent and willful tenant damages ordered by a provincial court or tenant tribunal.
The following terms and conditions apply specifically to any land, building or property owner who is looking to or has leased said land, building or other property to another individual (“Landlord”).
About The Principal – Pensio Property Management Group Inc.
Pensio Property Management Group Inc. is a participating member of Rentalis Insurance Company Inc., a protected cell captive reinsured by reinsurers by reinsurers rated AM Best A or better. The Principal procured its Rent Payment Contract Bond directly from Rentalis Insurance Company, Inc. Rentalis Insurance Company, Inc. is not licensed under the Insurance Companies Act and the province in which you reside. The Superintendent of Insurance has no authority under the Insurance Act of Canada in respect of the insurer. Provincial and federal unlicensed and excise tax are payable. The Principal’s licensed insurance broker in the province where you reside have been instructed by the Principal to file with the Superintendent of Insurance, a return under oath or affirmation in the form and manner required by the Superintendent, containing particulars of all insurance effected under this section by the members during the period covered by the return; and concurrently, in respect of all premiums on such insurance, pay the provincial and federal excise to the Minister of Finance the premium taxes that would be payable if such premiums had been received by a licensed insurer.
SingleKey Tenant Background and Credit Check Report
It is the Landlord’s responsibility to keep all reports secure and confidential. Due to the sensitive nature of the data provided on the report, the Landlord shall not disclose or transfer any part of the report to any other party under any circumstances, unless:
1. The disclosure or transfer is required by law; or,
2. The individual who is the subject of the SingleKey Tenant Background and Credit Check Reports has given express consent to disclose their report details to the specific third party.
All terms, conditions and transactions under this agreement are subject to the Consumer Protection Act of Ontario, thus any provision of this agreement not in compliance shall be deemed to be amended so as to comply.
Tenant with Less than 12 Months Occupancy in a Unit
You, the Landlord, agree to the following tenant screening covenants in order to fulfil an application for the Rent Guarantee Program. Where a Tenant is new or has less than 12 months occupancy in a property, you must obtain an up-to-date credit check report carried out by TransUnion and/or Equifax. The report must confirm that there are no outstanding, unpaid judgments or evictions in the current or immediately preceding three (3) years. Prior to leasing or renting the property, you must confirm that the monthly rent for the property does not exceed 45% of the tenants’ gross monthly income. This can be done by viewing the tenants pay stub, T4, employment contract, or other similar evidence. You must conduct or have conducted or will conduct a pre-inspection of the property. If there is any pre-existing damage, it is your responsibility to list such damage and keep record (ie: digital image) of such pre-existing damage as proof. You must receive a signed acknowledgement from the tenant agreeing the existing damage to be true. As a Landlord, you are also required to have existing Landlord property and liability insurance coverage for the property. Lastly, the Landlord shall maintain copies of documentation evidencing his/her own compliance, and the Landlord has also obtained on or prior to leasing the unit all necessary third-party guarantees should the tenant default in the payment of his/her rent. Such evidence should also be provided to the Principal.
Tenant with More than 12 Months Occupancy in a Unit
If an existing tenant has occupied a unit under a legal and valid tenancy agreement for 12 or more consecutive months prior to registration of the property under this agreement, the landlord covenants listed in this Agreement shall be inapplicable so long as the tenant’s previous and current rent
payments have not been in arrears during the 12 months immediately prior to registering the unit. In the event of a defaulting rent notice in respect of a unit, present proof of such timely tenant payment for those prior 12 months. The Landlord must provide proof of valid property and liability insurance for the unit.
Condition for Principal Tenant Services.
Unless the Principal otherwise consents in writing, the Landlord covenants it will register with the Principal all leased units located at a single municipal address subject to the terms and conditions of this Agreement.
Use, Limitation and Access to Services.
The Landlords use of the Website requires a profile identifying you as a user of the services provided on our Website(“Account”). By registering for an Account, the Landlord agrees to provide current, accurate and complete information to keep your Account up to date. If there are any changes to your personal information, it is your responsibility to inform us, as per the terms of your Account.
The Landlord agrees to take reasonable precautions to protect private data gathered from SingleKey Services, from any unauthorized or unwanted access. The Landlord acknowledges that they are only permitted to use the SingleKey Services in order to maintain an account profile for a Landlord-Tenant relationship in connection with a property. The Landlord is responsible to ensure that only Permitted Users (an employee, individual or party with whom the Landlord, has granted express permission to use the SingleKey Services on their behalf) can access the SingleKey Services. The Permitted User is subject to the same obligations under these Terms and Conditions, and is to be made aware of these obligations outlined within this agreement.
The Landlord certifies that he/she has a permissible purpose for obtaining a Credit and Background Check Report from SingleKey. A permissible purpose must be in connection with a property in your control and a Tenant in need of screening. Should SingleKey request, a Landlord or Permitted User must provide the relevant documentary evidence of their authority to use the SingleKey Services in connection with a real property to which you have legal rights over leasing or renting. SingleKey retains the sole discretion to determine whether such evidence submitted by you is “sufficient evidence”.
Additionally, a Landlord is responsible for remaining up to date and monitoring compliance with the obligations of these Terms and Conditions as well as any applicable policies. The Landlord must immediately notify SingleKey if they suspect or know of any unauthorized access or attempts to access any aspect of the SingleKey Service through their Account as this is seen as a breach.
Suspension and Termination of Account
SingleKey, maintain the right to suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice, for any reason, including but not limited to;
- the operation or efficiency of the Website or SingleKey’s Services are impaired by the Users use of the SingleKey Services;
- an amount of payment is owed to SingleKey by the Landlord and is overdue;
- SingleKey has received a third-party complaint which relates to a Users use or misuse of the Website; or,
- The User has been or are in breach of any term or condition under these Terms and Conditions or any document incorporated by reference;
- the suspension of your SingleKey Services in whole, in part, is necessary to comply with relevant laws.
It is not the responsibility of SingleKey to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
The following sections apply specifically to individuals who are considered a person who occupies or could potentially occupy land or a property rented from a landlord (“Tenant”). It is the sole responsibility of the Tenant to ensure, before engaging with SingleKey or granting consent to a Landlord to engage with any SingleKey Services, that the Landlord is legally connected to the relevant property.
SingleKey Tenant Credit and Background Check Report
The Tenant verifies that all information provided in their submitted Tenant application is accurate to the best of their knowledge. For the purposes of the report, you also hereby grant SingleKey and the Landlord, Landlord’s agent, representative or property manager permission to view your report and perform any other due diligence necessary as they see fit, including but not limited to contacting references, or verifying proof of income.
The Tenant hereby affirms that they have read and fully understand the above and below statements, and consent to the use, collection and disclosure of their personal details to determine their rental, court, employment, banking and financial history. This information is compiled for the purpose of determining their ability to pay monthly payments on time. Misrepresentations constitute valid legal grounds for rejection of a Tenants application by either a Landlord or SingleKey.
SingleKey Rent Guarantee Program
Tenants are subject to completing the Pre-Authorized Debit Agreement to allow SingleKey to collect rent from them on behalf of their Landlord . The Pre-Authorized Debit Agreement follows Canadian Pay regulations and can be found in more detail below. Payment will be withdrawn monthly (unless otherwise agreed) from Tenant accounts. Should the Tenant not be able to pay rent on time, the Rent Guarantee Program will cover the rent for the Landlord. The Principal will then look to collect the outstanding rent amount from the tenant directly. Should Tenants delay payment beyond a reasonable length of time, the Principal reserves the right to take legal action to recover rent fees owed.
Pre-Authorized Debit Collection Service
SingleKey offers an optional pre-authorized debit (PAD) collection service. “Opting in ” to this optional service is interpreted as expressly consenting to the terms and conditions outlined on the PAD agreement as well as the terms and conditions outlined here governing SingleKey’s rental collection service. By “opting in”, you agree to allow SingleKey to use the account information provided by Tenants to withdraw owed rent. Withdrawn money is deposited in the Landlord’saccount on a frequent (usually monthly) basis into the designated account . SingleKey offers the pre-authorized debit collection service in accordance with the Canadian Payment Association’s Pre-Authorized Debit Agreement, Rule H1 (Rule H1).
Electronic signatures offered by both Landlord and Tenant on their respective documents (Tenant PAD and Landlord Service Agreement) will be viewed as consent. Refusal to consent by either party will not affect the delivery of any other services offered by SingleKey.
In accordance with such govern ung laws, SingleKey express the following information to Users “opting- in” to SingleKey’s PAD service including but not limited to the date of the agreement, Landlord and Tenant authorization, the respective PAD category (business), the frequency withdrawals, the amount of withdrawal, instructions on how to cancel the agreement, the biller’s contact information and details regarding Landlord and Tenant recourse options. The amount to be withdrawn may vary due to the fee being a fixed percentage based on Landlord rent prices. Thus the amount charged is subject to rent price increases.
No terms or conditions found here may override or replace clauses signed within the PAD agreement.
Pre-Authorized Debit Terms
- The Pre-Authorized Debit agreement is for business purposes due to the nature of the relationship between SingleKey, acting in an onboarding capacity for the Landlord, and the Tenant.
- The Tenant, (“Payor”) grants authorization for SingleKey and the identified payment institution on the PAD agreement (“Processing Institution”) to process PAD payments. Permission is provided in consideration of the Processing Institution agreeing to process debits for the identified account in accordance with the rules of the Canadian Payments Association. The Payor acknowledges that provision and delivery of this authorization to SingleKey constitutes delivery by the Payor to the Processing Institution.
- The Payor authorizes SingleKey to withdraw on this account with the aforementioned Processing Institution, for the following purposes: Withdrawing the identified rent amount agreed to on the PAD agreement form.
- The PAD agreement may be cancelled, provided that notice is received ten (10) business days before the next date of the PAD collection. A sample cancellation form, or further information on the Payee’s right to cancel this PAD is available by visiting www.cdnpay.ca.
- The Payor waives any pre-notification period set out in the rules of the Canadian Payments Association for debits under this PAD.
- SingleKey out-sources processing of payment to an independent third party company (Versa-Pay) to fulfill the PAD agreement on SingleKey’s behalf.
- The Payor undertakes to inform SingleKey, in writing, of any change to their account information provided in the authorization agreement prior to the next due date of the PAD.
- The Payor’s authorization applies only to the method of withdrawal and does not otherwise have any bearing on the contract for goods or services exchanged.
- The Payor hereby acknowledges his/her understanding, acceptance and participation in a PAD plan that has certain recourse rights if any debit does not comply with this agreement. For example, the Payor has the right to receive reimbursement for any transaction that is not authorized or is not consistent with this PAD Agreement. To obtain more information on the Payor’s recourse rights, the Payor may contact its financial institution, or visit www.cdnpay.ca. The Payor’s authorization will be given on the official PAD agreement, in the form of a signature, to enable SingleKey to take payments as per the terms of this agreement.
4. GENERAL PROVISIONS
All agreements between User and SingleKey will be binding upon and inure to the benefit of (a) any successor of the company. Any such successor of the company will be deemed substituted for the company under the terms for all purposes. For this purpose, “successor” means any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly acquires all or substantially all of the assets or business of the company. None of the rights of executive to receive any form of compensation payable pursuant to these terms may be assigned or transferred except by will or the laws of descent and distribution. Any other attempted assignment, transfer, conveyance or other disposition of executive’s right to compensation or other benefits will be null and void.
Rent Guarantee Program
All Users interested in engaging with SingleKey’s Rent Guarantee Program are subject to the clauses outlined below.
- You acknowledge that you have been advised to seek independent legal, tax, or other professional advice before deciding to be subject to the SingleKey Rental Guarantee Program, and have conducted your own due diligence and enquiries before accepting these terms.
- Upon reading and further engaging with the SingleKey Rental Guarantee Program, you hereby acknowledge and understand that SingleKey’s role is to onboard clients. Thus, SingleKey is not to be held responsible for the fulfillment of the terms and conditions of the Rent Guarantee Program.
- The Principal is solely and entirely responsible for the fulfillment of any Rent Guarantee Terms
- The Landlord hereby waives and releases SingleKey of any and all rights they may have in regard to SingleKey at law or in equity to any action of any kind in respect of the Property Management Agreement, Rent Payment Contract Bond, Obligee Agreement, or any other agreements between the Principal and the landlord.
- You understand the scope of SingleKey’s obligation to you are limited to providing you with customer service customer onboarding, producing a credit report on a tenant, collecting and submitting all required documents to the Principal and providing access to the online Pre-Authorized Debit payment platform to circulate rent payment.
License for Use
SingleKey elects to grant Users a non-exclusive, non-transferable, revocable license to access SingleKey Services. This includes access to and use of, in whole or in part, the SingleKey Tenant Credit and Background Check Service, and SingleKey Rent Guarantee program. Additionally, the User agrees that they do not acquire or claim any title, right or license of ownership to any of SingleKey intellectual property rights by virtue of the rights granted to you under these Terms and Conditions or any other agreement that you may be party to involving SingleKey. All SingleKey intellectual property rights in our SingleKey Services shall remain vested in SingleKey (and their respective licensors). Users acknowledge and agree that they will not, at any time, act or not act in a way that is likely to affect SingleKey’s ownership (and its licensors’ ownership) of such rights.
Users accept that the use of SingleKey Services (including but not limited to Rent Guarantee Program and Tenant Screening Program) may require access to and use of the personal information provided to SingleKey. For this reason, User hereby agrees to grant SingleKey a perpetual, irrevocable, international, non-exclusive, transferable and royalty free right to use, copy, modify, distribute and display any data or derivatives that we may collect. This limited license granted shall survive termination, cancellation, expiration or modification of the Terms and Conditions listed in this document. User agrees to own and retain all rights, title and interest in and to data that you have inputted to SingleKey. This right of ownership over your data excludes the limited rights expressly granted above.
While using any SingleKey Service, you agree not to:
- upload, transmit or use any SingleKey Service in a way that may be viewed as threatening, embarrassing, hateful, racially or ethnically inappropriate, insulting, libelous or otherwise defamatory;
- use the SingleKey Service in any manner that infringes, violates or misappropriate any third party’s intellectual property or other proprietary rights;
- use the SingleKey Service in any manner that may be construed as misleading, deceptive, fraudulent, illegal or as promoting illegal activities. This includes but is not limited to engaging in phishing, obtaining financial or other personal information in a misleading manner for fraudulent or misleading purposes;
- use the SingleKey Service in any manner that in our sole discretion could damage, disable, overburden, or impair it;
- attempt to gain unauthorized access to SingleKey Service, other accounts, computer systems or networks connected to the SingleKey Service, or any part of it, through hacking, password mining, interfere or attempt to interfere with the proper working of the SingleKey Service or any activities conducted by SingleKey;
- modify the SingleKey Service in any manner including but not limited to, for the purpose of obtaining unauthorized access to any SingleKey Service;
- use any robot, spider, scraper, or other automated means of accessing the Service for any purpose without our express written permission, or to bypass any measures we may use to prevent or restrict access to the SingleKey Service;
- impersonate another user or access another user’s Account without their express permission;
- modify, adapt, translate or create derivative works based upon the SingleKey Service;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of SingleKey Services, except and only to the extent that such activity is expressly permitted by applicable law;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the SingleKey Service, any features that prevent any restrict the copying of any content accessible through our services, or features that enforce limitations on use of our services;
- uploading invalid data, viruses, worms, or other software agents through the SingleKey Service or Website;
- access the SingleKey Service if you are a direct competitor of SingleKey, except where prior written or express consent is granted;
- access the SingleKey Service for the purpose of building a competitive product or service using similar ideas, features, functions or graphics from the SingleKey Services to directly compete with any of SingleKey’s Services, or for any other competitive purpose;
- publicly disseminate information regarding the performance of the SingleKey Service;
- encourage or assist any third party to do any of the foregoing; and,
- use the SingleKey Service in violation of any foreign, federal, state or local law, regulation or rule.
SingleKey requests personal payment details from both tenants and landlords as part of SingleKey Services. When you supply payment details on our Website, a valid instrument for payment is required. We do not process any payments or store any payment details for transactions. Payment information provided to SingleKey is stored and protected by third party payment storage companies Stripe and processed by VersaPay. Stripe services are utilized by SingleKey to securely store Users sensitive personal information on their secure database while VersaPay is utilized to process the payments. SingleKey only keeps a record of a Users’ account number to update documents, alter any personal or payment information if necessary. Thus, all payment and personal information provided through SingleKey is subject to the privacy policies and terms of service for storage of Stripe and VersaPay. To find more details, please visit https://stripe.com/en-ca/privacy and https://www.versapay.com/terms to learn more about how your personal information is used and stored.
Compliance with Applicable Laws.
Users agree to comply with all applicable Canadian federal, provincial, municipal and other applicable laws that may apply in Ontario. This includes but is not limited to any applicable consumer reporting acts, privacy acts, regulations, judicial orders and other orders from any administrative tribunal that may apply. Users must obtain consent from and give notice to individuals that may be subject to these Terms and Conditions as required by law, including applicable privacy legislation, before enlisting with or using the SingleKey Services. If necessary, Users agree to alter their Landlord and Tenant practices at the request of SingleKey, for SingleKey to lawfully provide its SingleKey Services. If you refuse to make such changes, SingleKey has the right to deny the issuing of any services to an individual User.
You agree to keep all data received by SingleKey or any third party, including but not limited to SingleKey Services confidential. Any information you receive as part of the SingleKey Services must not be distributed in any form, except as strictly required by any law or other lawful order or if express permission is granted. Furthermore, SingleKey acknowledges that you, the Landlord, will receive information of a confidential and/or proprietary nature during the performance of these Terms and Conditions, including but not limited to tenant data. You agree that such confidential and proprietary information will be held in strict confidence and (i) distributed internally only on a need to know basis to Permitted Users who are under the same restrictions contained in these Terms and Conditions; (ii) disclosed only upon demand to governmental regulatory agencies; (iii) disclosed as required by law; or (iv) as directed by the individual User whose data is the subject of the report. Users are required to protect any such confidential or proprietary information with the highest degree of reasonable care as required by law..
SingleKey informs Users of the following disclaimers;
- Users recognize that SingleKey receives information included in the SingleKey Credit and Background Check Reports from third parties, which are independent parties and thus outside of the control of SingleKey. SingleKey is not responsible for the contents incorporated within the report whether correct or incorrect. Should discrepancies arise,Users have the right to raise a dispute through the third-party credit reporting agency themselvesUsers agree to give up the right to raise such a dispute with SingleKey and thus agree to hold SingleKey harmless and not liable for such incorrect information.
- SingleKey Tenant Credit and Background Check Report should not be the sole basis for any decision. Users are advised to consider other factors that a reasonable decision-maker in a similar situation would take into account. It is recommended that Users not assume a result or finding based solely on a SingleKey Tenant Background Check Report SingleKey does not represent that the SingleKey Tenant Background Check Report is identical or similar to any other credit score, rating model or evaluation tool. The credit information contained in the credit report aspect of the SingleKey Credit and Background Check Report is a reflection of the latest dataavailable to third party credit reporting agencTherefore, certain transactions or recent charges made that may affect the relevant credit score may not be made immediately availableas a credit score is subject to change when new information is inputted as well as with the passage of time.
- SingleKey does not warrant that their services will be carried out without interruption or errors. If a report contains incorrect scores, SingleKey’s sole duty to the Landlord in such cases will be to re-produce a new report or, should the error be unresolvable, issue a partial or full refund to for the report (at the discretion of SingleKey).
- SingleKey is not responsible under any circumstances for carrying out any vetting process or other form of check on a Landlord.
- SingleKey is not responsible for any transaction between Tenant and Landlord or any unfavourable outcome that may arise.
- SingleKey does not make any representations, warranties or guarantees other than those expressly set out in these Terms and Conditions.
Users agree to indemnify and save harmless SingleKey and their respective officers, directors, and employees from and against all claims, demands, actions, suits, or other proceedings by whomsoever brought, and from all losses, costs, fines, levies, damages, expenses (including any legal fees and disbursements on a solicitor and client basis and any costs incurred in connection with the enforcement of this indemnity), taxes, penalties, and other liabilities whatsoever, directly or indirectly arising from or in connection with: (a) SingleKey acting in accordance with Landlord instructions; (b) non-payment of rent by the Tenant; (c) non-payment or delay of payment by the Principal for any reason whatsoever; or (d) any breach of representation, warranty or covenant made between Users and SingleKey . This indemnity shall survive the termination of Users relationship with SingleKey, or termination of Users Account access.
Limitation of Liability.
Third Party Sites.
Part of the SingleKey Services may contain links to third party websites. SingleKey does not represent, guarantee, or endorse any website that Users may access through the SingleKey Service. Where SingleKey provides a link to a website, it does not represent, guarantee, or endorse that website, those associated with that website, or any of said websites offerings. Links sent to Users or contained on this website are provided solely for the purpose of User convenience. Users access third party websites at their own risk. Users further acknowledge that third party websites and its content are beyond the control of SingleKey and therefore, SingleKey cannot be held liable for actions from third party sites.
SingleKey shall not be responsible for any non-performance, delay in performance or inadequate performance caused by conditions beyond its commercially reasonable standard of control, including without limitation, acts of our civil or military authority, state of war, acts of terrorism, national emergency, acts or omission of the any User, strikes, outbreaks (including epidemics and pandemics), failure of utilities, failure of communication carriers, embargoes, acts of God, fire, flood or enactment of laws, regulations or other order of public authorities.
Notwithstanding the expiration, modification or termination of these Terms and Conditions, it is expressly provided that these Terms and Conditions, by their nature, should extend beyond the life and existence of these Terms and Conditions and shall remain in force in accordance with their terms.
Unenforceability of Provisions.
Each section and provision of these Terms and Conditions is severable from the rest of the agreement if one paragraph or provision is declared invalid, the remaining sections and provisions shall remain in full force and effect. SingleKey will, in good faith, negotiate an appropriate amendment to the respective invalid term or condition to replace the invalid provision. If the parties fail to agree upon an appropriate amendment, then these Terms and Conditions shall be construed (a) as if such invalid or unenforceable provision or part thereof had been effectively modified to the extent necessary to avoid the illegality or unenforceability of such provision, if possible, and if not, then (b) as if such invalid or unenforceable provision or part thereof had not been contained herein.
Headings for Convenience Only.
The division of these Terms and Conditions into sections and subsections is for convenience of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
No party shall be deemed to have waived the exercise of any right that it holds under these Terms and Conditions or at law unless such waiver is expressly made in writing. Failure of a party at any time, and for any length of time, to require performance by the other party of any obligation under these Terms and Conditions shall in no event affect the right to require performance of that obligation or the right to claim remedies for breach under this Agreement or at law. A waiver by a party for any breach of any provision of these Terms and Conditions, unless otherwise expressly stated in writing, is not to be construed as a waiver of any continuing or succeeding breach of such provision, a waiver or modification of the provision itself, or a waiver or modification of any right under these Terms and Conditions or at law.