| The following is the terms of the
service agreement between Houses 360 (“Service Provider”) and the
buyer (“Buyer”) of goods or services through Service Provider’s Web
site (the “Site”). If you do not agree to these terms, you will not
be able to purchase anything, so please review these terms
carefully: Introduction. Buyer agrees to the terms and conditions
outlined in this Online Contract ("Contract") with respect to the
goods, services and information provided by or through the Site.
This Contract constitutes the entire and only agreement between the
Service Provider and Buyer, and supersedes any and all prior or
contemporaneous agreements, representations, warranties, and
understandings with respect to the goods, services and information
provided by or through the Site, and the subject matter of this
Contract. Buyer agrees to review this Contract prior to purchasing
anything and purchase of a good or service shall be deemed
acceptance of this Contract.
Credit Card Policy. Buyer represents and warrants that (i) the
credit card information supplied is true, correct and complete and
(ii) charges incurred by the Buyer will be honored by the Buyer's
credit card Service Provider and (iii) Buyer will indemnify Service
Provider for any credit card charge-back filed by or on behalf of
the Buyer and (iv) Buyer understands that in the event a credit card
charge-back is filed, Buyers account will be placed with a third
party collection agency and (v) Buyer shall pay charges incurred by
Buyer at the amounts in effect at the time incurred, including all
applicable taxes, collection fees, interest and any additional fee
incurred by the Service Provider in the attempt to collect upon
Buyer’s debt. Buyer shall be responsible for all charges incurred
through use of Buyer's password. Buyer agrees to keep his or her
password confidential and to notify Service Provider within 24 hours
of any breach of this Contract or unauthorized use of the password.
Service Provider does not protect Buyer from unauthorized use of
Buyer's password. Payment Policy Payment is due when services are
rendered. If payment is not received within five (5) business days
of invoice, buyer understands and agrees that Service Provider may
charge an additional 1.5% late payment fee upon the sixth (6th)
business day and will charge an additional 1.5% late payment fee per
month thereafter. The client will not be able to order any
additional services and any associated virtual tours will be
disabled until the entire balance due is paid. If the client's tour
is disabled for non-payment, a $10 re-activation fee will be added
to the client's account balance, and the virtual tour will not be
re-activated until the entire balance is paid. Buyer understands and
agrees that if upon 90 days, the invoice remains unpaid Service
Provider may turn over the account to a third party collection
agency. If your account is turned over for collection, you agree to
pay the company a "Processing and Collection" Fee of $75 plus any
and all accrued late charges, which will be added to the principal
amount of the debt.
Refund Policy. A refund for Virtual tours will ONLY be issued if an
appointment is cancelled two (2) business days prior to the
scheduled Virtual tour. In such event, Service Provider shall
provide Buyer a refund to the Buyer’s credit card used at the time
of purchase. In the case of payment by check, a check refund will be
issued no earlier than ten (10) business days from date of Buyer’s
order. Payments for MLS re-listings, Websites or Website hosting are
NON-REFUNDABLE. Payment for VOLUME PACKS are NON-REFUNDABLE. In the
case that a Virtual tour that has been scheduled as part of a VOLUME
PACK is cancelled at least two (2) business days prior to the
scheduled Virtual tour, a credit will be issued to Buyer’s VOLUME
PACK account. This Section sets forth Buyer’s sole and exclusive
right to refund.
Returned Check Policy. It is
understood and agreed that upon presentation of a check as the form
of payment for services provided by Service Provider, that I am
entering into a contractual agreement that obligates me and holds me
responsible for any and all penalties, costs, and incidental damages
allowable under law, but not limited to, return check charges, state
surcharges, interest, collection costs, legal expenses, attorney
fees and expenses incidental to the principal obligation on any
check that is returned non-payable. Any check returned unpaid for
any reason will not be re-deposited. Buyer agrees to pay the full
amount of the check plus a returned check fee of $25.00 for amounts
up to $50, $30 for amounts between $50 and $300, or $40 if the face
value exceeds $300, within 5 business days of the date that the
check was returned unpaid. Payment must be made in the form of cash
or certified check. If payment is not received within five (5)
business days, buyer understands and agrees that Service Provider
will charge an additional 1.5% late payment fee upon the sixth (6th)
business day and an additional 1.5% per month thereafter. Buyer
understands and agrees that if upon the fifteenth (15th) business
day, the returned check remains unpaid Service Provider may turn
over the dishonored check and all other available information
relating to this incident to the State Attorney for criminal
prosecution. Buyer may be additionally liable in a civil action for
triple the amount of the check, but in no case less than $50,
together with the amount of the check, as service charge, courts
costs, reasonable attorney fees, and incurred bank fees.
Mileage. Out-of-county tours incur a $20 out-of-county fee or
mileage fee, whichever is greater. The Mileage fee of $1 per mile
over 20 miles is calculated from zipcode 99205 to zipcode of
property. Mileage is always rounded up to the next full mile.
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