This agreement (“Agreement”) is entered into between Skylight Technologies, Inc. (“Skylight”), and You (“Client”). This Agreement includes and incorporates (i) Skylight’s Terms of Use, which are set forth at https://getskylight.com/legal/terms-of-use, (ii) the Skylight Service Order Form (“Order Form(s)”) provided to you by Skylight and (iii) any Order Form(s) previously or subsequently entered into by the parties, all of which are hereby incorporated by reference. This Agreement contains, among other things, warranty disclaimers, liability limitations and use limitations. Any term not defined hereunder shall have the meaning given to it in the applicable Order Form or Skylight’s Terms of Use.
An ("Approved Lease") is a lease that has been (i) submitted by an Agent through the Skylight Platform and (ii) approved by the Client using the lease approval functionality on the Skylight Platform. Client agrees to promptly review all leases submitted by Agents and approve those that meet Client's approval criteria. A lease is not eligible for a commission payment to the Agent until it has been approved by the Client and becomes an Approved Lease.
The Client has the right to set their own approval criteria for leases at their sole discretion. However, Client understands that consistently withholding approval for leases meeting their criteria may result in Skylight limiting or terminating Client's access to the Platform.
For each Approved Lease, payment shall be made exclusively via the Skylight platform no more than 30 days from the lease start date, provided that the resident(s) are in good standing.
Skylight acts as a limited agent of the Payee (Agent's brokerage) for the sole purpose of collecting the commission from the Client (property management company) and sending it to the Payee. This limited agency role does not create any fiduciary duties or obligations for Skylight beyond collecting and paying out the commission.
During the Term, Client will pay a fee for each Approved Lease. Additional properties may be added as Service Locations by Client at any time by emailing sales@getskylight.com and/or contacting Skylight’s sales representative directly, and any additional properties will be governed by the terms of this Agreement. Client will be billed for all Approved Leases immediately after the lease start date. For clarity, Client will be billed for all Approved Leases, including for any other properties owned or managed by Client.
In addition to the commission, Skylight charges a Service Fee for each Approved Lease. The Client has two options for handling the Service Fee:
Broker Pays: The Service Fee is deducted from the Referring Broker's commission before payout. In this case, the Referring Broker receives the commission amount minus the Service Fee.
Client Pays: The Client chooses to pay the Service Fee directly. In this case, the Referring Broker receives the full commission amount, and the Client is charged the Service Fee.
The Client must select their preferred Service Fee payment method in their property manager dashboard. This selection can be updated, but any changes will only apply to future Approved Leases and will not affect existing agreements.
Skylight shall be responsible for paying Fees to Agents and Client shall bear no responsibility for Fees, provided Client is and has been in compliance with the applicable terms and conditions herewith. There shall be no force or effect to any different terms of any related service order or similar form even if signed by the parties after the date hereof.