1.        Interpretation and Agreement

1.1        These Terms of Service together with the Payment Schedule form the entire agreement between Rently and the Tenant (the “Agreement”).

1.2        “Payment Schedule” means the schedule of commercial terms generated by Rently and presented to the Tenant for acceptance together with these Terms of Service, setting out the Tenant’s details, the Lease Agreement, the Property, the Landlord Payment Schedule, the Tenant Payment Schedule, the Management Service Fees, the Tenant’s selected Payment Method, the Landlord’s bank account details and the other transaction-specific terms applicable to the Tenant.

1.3        Capitalised terms have the meanings given in Commercial Schedule, unless the context requires otherwise.

1.4        By ticking the acceptance box and clicking “Accept” (or equivalent) where these Terms of Service and the Payment Schedule are presented in Rently’s onboarding process, the Tenant confirms that it has read, understood and agrees to be bound by this Agreement in its entirety. Acceptance in this manner constitutes the Tenant’s electronic signature and has the same force and effect as a handwritten signature.

1.5        This Agreement takes effect on the date the Tenant accepts it in accordance with clause 1.4 (the “Acceptance Date”). Rently will confirm acceptance by sending a copy of this Agreement (comprising the accepted Terms of Service and the Payment Schedule) to the Tenant’s notified email address, together with a record of the date and time of acceptance and the version of these Terms of Service accepted.

1.6        The version of these Terms of Service accepted by the Tenant governs this Agreement for its full term. Any updated version published by Rently applies only to agreements accepted after the date of publication. This clause does not prevent the Tenant Payment Schedule or Payment Method being varied by mutual agreement under clause 3.15.

1.7        The Payment Schedule may be completed by the Tenant, by Rently, or both. The Tenant is responsible for reviewing the Payment Schedule before accepting this Agreement, and acceptance under clause 1.4 confirms the Tenant has reviewed and approved it as accurate.

2.        Services and Role of Rently

2.1        Rently provides a tenant-side rent administration, payment facilitation and tenancy coordination service in connection with the Lease Agreement.

2.2        Rently is not a party to the Lease Agreement, does not act as landlord, and does not assume any landlord obligations.

2.3        The Tenant remains solely responsible for all obligations under the Lease Agreement.

2.4        Rently’s role is limited to managing the Tenant’s rent-related obligations and liaising with the landlord on the Tenant’s behalf. Rently’s services include, but are not limited to:

(a)        coordinating rent payments, lease renewals and Ejari registration;

(b)        paying the landlord on the Tenant’s behalf in accordance with the Landlord Payment Schedule;

(c)        collecting instalments and Management Service Fees from the Tenant; and

(d)        coordinating maintenance requests, without assuming responsibility for the Property or landlord obligations,

(together, the “Services”).

2.5        This Agreement is not intended to constitute banking, lending, deposit-taking or regulated financial services. Rently provides the Services only and does not provide legal advice, financial advice, regulated credit services, escrow services or regulated payment services.

2.6        Rently will perform the Services with reasonable care and skill using appropriately qualified personnel.

2.7        Any change to the scope of Services must be agreed in writing.

3.        Payments and Reimbursement

3.1        The Tenant must pay all amounts set out in the Tenant Payment Schedule on or before the due dates quoting the Payment Reference ID on any payment made otherwise than by direct debit collection. The total amount payable by the Tenant includes the relevant rent Instalment amount, the Management Service Fee and any applicable VAT. The Management Service Fees shall be in addition to any Instalment amounts payable monthly by the Tenant and the Tenant must pay the full Instalment and Management Service Fee for each instalment and not only the rent component.

3.2        The Tenant must pay all amounts due under this Agreement using the Payment Method selected by the Tenant and set out in the Payment Schedule, being direct debit or payment by credit card processed via Rently’s third-party payment processor.

3.3        Where the Payment Method is direct debit, the Tenant authorises Rently to collect each Instalment, the Management Service Fees and any other amounts due under this Agreement from the Tenant’s nominated bank account by direct debit on or after the relevant due date, in accordance with the direct debit mandate provided by the Tenant, without further approval being required for each individual collection. The Tenant must maintain sufficient funds in the nominated account to meet each scheduled collection and must keep the mandate in place until all amounts due under this Agreement have been paid. The Tenant is responsible for any bank or processing fees charged by the Tenant’s bank.

3.4        Where the Payment Method is credit card, the Tenant authorises Rently and/or its payment processor to charge each Instalment, the Management Service Fees and any other amounts due under this Agreement to the Tenant’s nominated card on or after the relevant due date, without further approval being required for each individual charge. The Tenant must ensure the nominated card remains valid and has sufficient available credit to meet each scheduled charge. Card payments may incur additional processing fees, which will be disclosed to the Tenant before the Payment Method is selected and which are payable by the Tenant.

3.5        A failed or returned direct debit collection constitutes a failure to pay for the purposes of clause 4. Cancellation of the direct debit mandate does not affect the Tenant’s payment obligations under this Agreement, and Rently may re-present any failed collection.

3.6        Receipt by Rently of (i) the first Instalment as cleared funds and (ii) where required by Rently under clause 4.7, the Tenant’s security cheque, is a condition precedent to Rently making the first payment to the landlord.

3.7        If Rently pays any amount to the landlord on the Tenant’s behalf, that amount becomes immediately due from the Tenant to Rently and must be paid in accordance with the Tenant Payment Schedule together with the Management Service Fees.

3.8        The Tenant’s obligation to pay Rently is a separate contractual obligation. A dispute with the landlord or any third party will not, by itself suspend, reduce or delay the Tenant’s obligation to reimburse Rently for amounts already paid, or pay Management Service Fees due under this Agreement.

3.9        All payments must be made in full, without set-off, counterclaim or deduction, except where required by law.

3.10        If Rently pays the Security Deposit to the landlord on the Tenant’s behalf, the Tenant must reimburse that amount in accordance with the Tenant Payment Schedule.

3.11        The Tenant acknowledges that Rently may rely on the landlord and account information provided by or on behalf of the Tenant, unless Rently expressly agrees in writing to verify that information. If the Tenant provides incorrect, incomplete or misleading Landlord details, bank details, payment instructions or reference information, the Tenant will be solely responsible for any resulting delay, misdirection, failed payment, loss, cost or claim.

3.12        Rently is not responsible for the landlord’s return or non-return of the Security Deposit. Any claim in relation to the deposit remains between the Tenant and the landlord.

3.13        Amounts paid by the Tenant to Rently under this Agreement are payments due to Rently under this Agreement and are not held by Rently as trustee, escrow agent or fiduciary for the landlord.

3.14        Rently will use reasonable efforts to pay the landlord on or before the relevant due dates. A delay of up to three (3) business days due to operational or banking reasons does not constitute a breach of this Agreement.

3.15        The Tenant Payment Schedule and the Payment Method may each be varied by mutual agreement between Rently and the Tenant, which may be given electronically, including by email. A variation under this clause updates the Payment Schedule accordingly and does not constitute a new Agreement or require the Tenant to re-accept these Terms of Service.

4.        Late Payment, Default and Security

4.1        If the Tenant fails to pay any amount when due, Rently may notify the Tenant and allow a grace period of seven (7) days.

4.2        If payment is not received within that period, Rently may charge a late payment fee of AED 500 per missed instalment to cover the additional operational and collection costs arising from the delay.

4.3        If the default continues after notice and expiry of the grace period, Rently may, by written notice:

(a)        declare all remaining unpaid amounts under the Tenant Payment Schedule immediately due and payable; and/or

(b)        suspend some or all Services; and/or

(c)        stop making payments to the landlord on the Tenant’s behalf.

4.4        If the Tenant fails to pay two (2) consecutive Instalments, this Agreement will be automatically suspended and placed under internal review by Rently, without prejudice to any other rights or remedies available to Rently.

4.5        Any suspension of Services or landlord payments does not affect the Tenant’s obligation to pay all amounts due under this Agreement.

4.6        If Rently stops paying the landlord while the Lease Agreement remains in force, the Tenant remains fully responsible under the Lease Agreement and the landlord may pursue the Tenant directly.

4.7        Where required by Rently, the Tenant must provide one undated cheque as security only for amounts validly due and unpaid under this Agreement in the manner and by the date notified by Rently. Following a payment default, Rently may complete and present that cheque only for such amounts. Any amount recovered in excess of the outstanding balance will be refunded to the Tenant within a reasonable period.

4.8        Any cheque or security held by the landlord is solely between the Tenant and the landlord. Rently has no responsibility for it.

4.9        Rently may decide, acting reasonably, whether to resume Services after all outstanding amounts have been paid.

5.        Tenant Responsibilities

5.1        The Tenant must:

(a)        provide accurate, complete and up-to-date information including landlord and payment details;

(b)        promptly notify Rently of any change to the Lease Agreement (including renewal, variation or termination);

(c)        provide any information or documents reasonably requested by Rently; and

(d)        comply with all obligations under the Lease Agreement.

5.2        The Tenant confirms that it has the authority to enter into this Agreement and that all information provided to Rently, or confirmed by the Tenant under clause 1.7, is true, accurate and not misleading in any material respect, including information about its identity and source of funds.

6.        Liability and Indemnity

6.1        Rently will perform the Services with reasonable care and in compliance with applicable law.

6.2        Rently is not responsible for the condition of the Property, any act or omission of the landlord (including maintenance or deposit return), or any decision of a landlord, court, tribunal or authority affecting the tenancy.

6.3        To the fullest extent permitted by law, Rently is not liable for any indirect or consequential loss, including loss of profit or opportunity and, Rently’s total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the Management Service Fees paid by the Tenant in the 12 months preceding the event giving rise to the claim.

6.4        Nothing in this Agreement excludes liability for fraud or any liability which cannot lawfully be excluded.

6.5        The Tenant indemnifies Rently against all losses, liabilities, costs and expenses reasonably incurred by Rently arising out of or in connection with any breach of this Agreement by the Tenant or any fraud, unlawful act or misconduct by the Tenant in connection with the Services.

7.        Term and Termination

7.1        This Agreement starts on the Acceptance Date and continues until the Lease Agreement ends and all amounts due to Rently have been paid, unless terminated earlier.

7.2        Either party may terminate this Agreement by giving not less than 30 days’ written notice.

7.3        Rently may suspend or terminate this Agreement immediately if:

(a)        the Tenant commits a material breach (including non-payment);

(b)        the Lease Agreement ends; or

(c)        the Services are used unlawfully or in a way that creates material legal, regulatory or operational risk.

7.4        Termination does not affect any rights or obligations accrued before termination, including payment obligations.

7.5        Without prejudice to clause 7.4, on termination of this Agreement for any reason, all unpaid amounts then outstanding or which relate to amounts already paid or committed by Rently to the landlord, together with any accrued Management Service Fees, VAT, late fees and other sums due under this Agreement, will become immediately due and payable by the Tenant, notwithstanding any later date set out in the Payment Schedule.

7.6        The Tenant’s payment and reimbursement obligations, and clauses relating to liability and indemnity, survive termination.

8.        Confidentiality

8.1        Each party must keep confidential any non-public information obtained from the other in connection with this Agreement and must not disclose it except as required to perform this Agreement, with the other party’s consent, or where required by law. This obligation continues after termination.

9.        General

9.1        This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and arrangements.

9.2        Any amendment to these Terms of Service must be in writing and signed by both parties, which may be affected electronically, including by the Tenant’s electronic acceptance of revised terms presented by Rently. This clause does not apply to variations of the Tenant Payment Schedule or Payment Method, which are dealt with under clause 3.15.

9.3        If any provision is invalid or unenforceable, the remainder remains in force.

9.4        No failure or delay to exercise any right operates as a waiver.

9.5        The Tenant may not assign this Agreement without Rently’s prior written consent.

9.6        Rently may assign this Agreement to an affiliate or as part of a business transfer, provided this does not materially reduce the Tenant’s rights.

9.7        Rently may request identification documents, source of funds details and other compliance information reasonably required under law, its internal policies or banking requirements. Rently may delay, suspend or refuse Services if it reasonably considers this necessary for legal, regulatory, fraud-prevention, sanctions, anti-money laundering or similar compliance reasons.

9.8        Rently collects, uses and shares the Tenant’s personal data (including identity verification data, credit information and payment details) in accordance with its privacy policy, available on Rently’s website, and applicable UAE data protection law. By accepting this Agreement, the Tenant confirms that it has read the privacy policy.

9.9        Notices must be in writing and are deemed received when delivered by hand, when sent by email to the notified email address, provided no delivery failure or bounce-back message is received, or two business days after courier dispatch.

9.10        Neither party is liable for delay or failure caused by events beyond its reasonable control, provided reasonable mitigation steps are taken.

9.11        The Tenant consents to receiving all agreements, notices, disclosures and other communications in connection with this Agreement electronically, including by email, and agrees that electronic communications satisfy any legal requirement that a communication be in writing. The parties agree that this Agreement is validly concluded electronically in accordance with clause 1.4, that electronic records of acceptance (including date and time stamps, version identifiers and the Tenant’s verified identity) constitute valid evidence of this Agreement, and that no named signatory on behalf of Rently is required. Rently’s confirmation of acceptance under clause 1.5 constitutes execution by Rently.

10.        Governing Law and Jurisdiction

10.1        This Agreement and any non-contractual obligations arising out of or in connection with it will be governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. The courts of Dubai, excluding the courts of the Dubai International Financial Centre (DIFC), will have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, performance, breach or termination.