Terms & Conditions

01 About NewDay

NewDay Property Services, LLC is a Michigan limited liability company providing residential and small-commercial property-management services nationwide. Our principal office is located at 885 Penniman Ave, Ste 5442, Plymouth, MI 48170. We may be reached at 1-734-252-6655 or [email protected].

02 Eligibility

You must be at least eighteen (18) years old and able to form a legally binding contract to use the Services. By using the Services you represent that the information you provide is accurate and complete.

03 Your Account

Some features (including the tenant portal) require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized use.

04 Relationship to Your Lease

These Terms govern your use of the online Services only. Your tenancy is governed by your written lease agreement and applicable landlord-tenant law. In the event of a conflict between these Terms and your lease with respect to the substantive terms of your tenancy, your lease controls.

05 Online Payments

Rent, deposits, application fees, late fees, and other authorized charges may be paid through the Services using our payment processor, Stripe, Inc. By submitting a payment, you authorize NewDay (and Stripe) to charge the payment method you select for the amount displayed at checkout, plus any disclosed processing fees. Payments are typically applied to your ledger within one (1) business day, but settlement times can vary.

Fees, Returned Payments, and Late Charges

Card payments may carry a processing fee disclosed at checkout. ACH and returned-payment fees, if any, will follow your lease and applicable law. Late fees and grace periods follow your lease and the law of the state in which the property is located.

Refunds

Rent and lease-related charges are generally non-refundable except as required by your lease or applicable law. Refunds, when issued, are returned to the original payment method through Stripe within five to ten (5–10) business days.

Auto-Pay

If you enroll in Auto-Pay, you authorize recurring charges to your selected payment method on or about the rent due date until you cancel. You may cancel Auto-Pay at any time from the tenant portal at least three (3) business days before the next scheduled charge.

06 Maintenance Tickets

The maintenance ticket feature is intended for non-emergency requests. For emergencies — including active flooding, gas leaks, no heat in winter, no power, or threats to life or safety — call our 24/7 line at 1-734-252-6655 or 911 immediately. Submission of a ticket does not guarantee a particular response time, vendor, or outcome; we will use reasonable efforts to respond consistent with the priority you select and your lease.

07 Communications & Electronic Records

By providing your email address or phone number, you consent to receive electronic communications from us related to your tenancy (including notices, statements, and legal notices) at the contact information you provide. You may withdraw consent for non-essential communications at any time, but transactional and legally required communications will continue. Text-message communications are subject to our SMS Terms & Conditions.

08 Acceptable Use

You agree not to:

• Use the Services to violate any law or the rights of any person or entity.
• Submit false, misleading, or fraudulent information, including on rental applications.
• Interfere with the operation of the Services, including by introducing malware or attempting to gain unauthorized access.
• Scrape, copy, or use the Services or any content for commercial purposes without our written permission.
• Harass, threaten, or abuse our staff, vendors, or other users.

09 Intellectual Property

The Services and their content (including text, graphics, logos, photographs, and software) are owned by NewDay or our licensors and protected by U.S. and international intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. All other rights are reserved.

10 Third-Party Services

The Services may include integrations with third parties (including Stripe for payments, background-check vendors, mapping providers, and analytics tools). Your use of those third-party services is subject to their own terms and privacy policies. We are not responsible for third-party services.

11 Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NOTHING IN THESE TERMS LIMITS ANY WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWDAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO NEWDAY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

13 Indemnification

You agree to indemnify, defend, and hold harmless NewDay and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Services, or your violation of any law or third-party right.

14 Governing Law & Venue

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws principles. Subject to Section 15, the state and federal courts located in Wayne County, Michigan have exclusive jurisdiction over any dispute not subject to arbitration. Notwithstanding the foregoing, claims arising out of your tenancy may be governed by the law of the state in which the property is located.

15 Dispute Resolution; Arbitration

Except for small-claims actions or claims for injunctive relief, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and NewDay each waive the right to a jury trial and to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.

16 Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. Termination of online access does not affect your obligations under your lease.

17 Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page with a revised "Effective Date." Continued use of the Services after the change indicates your acceptance.

18 Contact

Questions about these Terms should be sent to:

NewDay Property Services, LLC
885 Penniman Ave, Ste 5442
Plymouth, MI 48170
Email: [email protected]
Phone: 1-734-252-6655

These Terms constitute the entire agreement between you and NewDay regarding the Services and supersede any prior agreements regarding the same subject matter. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.