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Note: By submitting your order and payment information you agree to our terms of service. All orders are required to be placed online at our website for this very purpose. No orders will be accepted otherwise. It is important that you understand our terms of service prior to placing your order. Please contact us directly by E-mail if you have any questions about our terms of service.
ElectroTours Inc. Terms of Service Page 2003 to 2012
COPYRIGHT, WATERMARK and TRADEMARK NOTICES ↑Top
All content and information on the "ElectroTours.com websites" are Copyrighted by the respective owners of such Copyrights, and are protected by U.S. Copyright and international copyright and trademark laws. Any use of any of the content appearing throughout this site without the express written consent of ElectroTours.com (or respective owners of the content), as appropriate, is strictly prohibited. All Virtual Tours and photos created, taken and produced by ElectroTours.com or any of its sister companies remain the sole property of ElectroTours.com. Customers are granted license to use the Virtual Tours and photos for the duration of the listing or until the ElectroTour expires. Customers may display links, tours, videos and pictures on the local MLS website, the Realtor.com website or any personal or broker websites. You may grant your local MLS use of your license, however we do reserve our shared copyright. By sending any pictures or images to ElectroTours.com you are agreeing and stating that you have all necessary permissions to use the images and that you own, share or have right to the copyright.
ElectroTours
are non transferable.
Due to the nature of our business the ElectroTours are non transferable between
customers. If a new or different customer (or) agent wants to use the ElectroTour
they will need to contact ElectroTours and place a transfer order. If the
ElectroTour is not expired and is currently registered in our system as an
active listing - we will then seek the permission of the customer who paid for
the ElectroTour before making the transfer over to the new agent.
ElectroTours.com
reserves the right to reference and link to the finished (Virtual Tour or
pictures) for any promotional reasons at anytime.
All Copyright, images and media
are the sole property of ElectroTours.com. We reserve all rights to these
images, media and content. All images and media are made available to client
until the tour hosting time has expired. IF we use your ElectroTour as a demo or
to promote our business after the listing has expired we will normally remove
the listing address and not have it displayed. After a tour is expired and if
the tour is being used as a demo or promotion sample by ElectroTours - the home
owner or agent may at anytime request the address be removed if it has not
already been done.
INTELLECTUAL PROPERTY INFRINGEMENT AND COPYRIGHT CLAIMS
It is the policy of ElectroTours.com to respond expeditiously to claims of
intellectual property infringement and copyright claims. ElectroTours.com will promptly process and
investigate notices of alleged infringement and will take appropriate actions
under the
Digital Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws. Notices of claimed infringement should be directed to:
Copyright@ElectroDesigns.com
Terms of Service / MLS Posting / Production ↑Top
ElectroTours.com will make its best efforts to provide quality, and
uninterrupted hosting services for your "Visual Open House" virtual tour or
photo presentation however, this is not a guarantee. ElectroTours.com will not
be responsible for any damages caused by service interruption, outages or
any temporary delays whatsoever. ElectroTours will not be held responsible at any
point for any damages that would exceed the total price paid for the
ElectroTour.
MLS Linking and Posting & photo shoots
ElectroTours.com will make available a link to each "ElectroTour ™" hosted
including photos and a link to the MLS friendly (non - agent - branded) versions of the ElectroTour ™.
It will be the customers responsibility to have the photos and link added to any
extra websites or MLS systems that are not included in the syndication package. ElectroTours.com will help in anyway with this process. However, we can not
guarantee that your MLS or website will accept the photos or the link. Please check
with your local MLS administrator for their terms of service policies. We are
MLS approved with over 800 different MLS systems. You will need to check with
your MLS system to make sure ElectroTours is approved. In almost all cases the
agent or the broker are the only ones that are allowed to add the virtual tour
link to the MLS system. If your system requires the virtual tour company to add
the link you will need to contact us to make sure we are able to add it for you.
If your MLS charges a fee to post the tour to the MLS (most do not) this fee
will be passed on to the agent. If your MLS system requires the Virtual Tour
provider to pay a fee to become an authorized linking partner that fee will be
passed on to the customer. ElectroTours does not pay service fees to post tours
to MLS systems. Our photographers are not studio photographers so you must
direct them to the special shots you would like.
Production
ElectroTours.com: except in cases of extreme negligence claims no
responsibility for the photographer’s selection of shots and photos. Please
advise the photographer of any special shots or photos you would like taken or included in your
tour. If you want a special shot, please do not assume the photographer will
know to take it. We want you and your clients happy!
Once your “ElectroTour ™” is finished, it will be uploaded to the ElectroTours.com
website. The URL to the tour will be sent to the email address we have on file
for our customer. This URL can be used to create a link from your
own personal or company websites. Normal turnaround & production time runs
between 2 and 7 business days from the time we receive the photos. Generally all
tours are produced within 72 hours, However we do experience peak times of the
year when orders can be overwhelming or backed up in production. During these
times production can take up to 7 business days. Remember that ElectroTours are
not your basic virtual tour and each one is hand built in order to get search
engine exposure and for many other syndication reasons. Because we manually
build each tour by hand we have a great success rate of selling listings. The
exposure we generate for your listing is huge. To have a complete website with
video plus 30 to 100 photos all edited, color corrected, built and designed
within 7 business days is considered very quick in the webmaster community. Your
clients will love it! and the listing exposure is worth the wait. If you must
have a regular or basic virtual tour that can be produced next day or
automatically with a program as most other companies offer, we would not be the
company for you. Many times the agent is only looking for a basic tour to get
online quickly just to satisfy the home owner, At this point we would suggest
using another company that can produce a tour within 24 hours. There are many
companies available and as much as we would like to have your business we do
understand that sometimes our marketing program is not a match with your current
needs.
ElectroTours.com will process each order per the package guidelines unless
we deem it to the agent’s or homeowner’s best interest to not show a particular
shot. This can be the result of poor lighting, bad weather, or unclean cluttered
rooms or scenes.
ElectroTours.com is not automated with the local MLS. It is the customers responsibility to post the tour on the agent’s MLS. This is usually a simple process. If you need help linking or adding your tour to the MLS, please contact your local MLS tech support.
The policy below is for the areas that we offer full service photography.
Cancellation and Appointment Policy ↑Top
Note: When you
cancel an appointment it is assumed that you will reschedule. Due to the nature
of our business we do not offer refunds.
However you can use your tour package on a different property if needed. See our
refund policy.
Weather Policy: 25.00
Out of respect and courtesy to our photographers we must impose the following
policies.
The following will result in a cancellation or rescheduling fee of 25.00
1. Less than 1 hours notice
2. Any cancellations due to weather will result in a cancellation or travel fee
(Unless the appointment is rescheduled)
• As long as you gave proper notice and you reschedule the appointment you will not
be billed a rescheduling fee.
However - If the photographer arrives at the property and you decide to
cancel or reschedule at that time, you will have to pay the 25.00 fee.
• Weather cancellations are the responsibility of the agent to decide not the
photographer.
• Once the photographer has arrived at the property and the tour was not
rescheduled with proper notice the client will be charged the rescheduling fee.
• If the photographer recommends to cancel due to weather issues and the agent
decides to proceed with the schedule you will be billed a return trip fee of
35.00 if the photographer has to come back to finish or retake some of the
photos.
• We recommend rescheduling if the weather forecast indicates a 50% or more
chance of rain.
Note: When you
cancel an appointment it is assumed that you will reschedule. Due to the nature
of our business we do not offer refunds.
However you can use your tour package on a different property if needed. See our
refund policy.
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Over View:
ElectroTours are active on our server and network for 6 months. Since we are not
hooked up with the MLS database we do not know if the listing has sold or if the
listing has been extended. So after 6 months the ElectroTour will expire. If the
tour has not been extended by the agent after 7 months it will be deleted from
our network and system.
How long will the ElectroTour be active? 6 months
How much does it cost to extend the ElectroTour after 6 months? $9.95
How long will the ElectroTour be active on the syndication and exposure network
of websites? 6 Months
How much does it cost to renew the tour 6 months and extend all of the marketing and syndication
exposure 6 more months? $19.95
How long do you keep deleted tours in your backup system? 24 Months
NOTE: You can keep your ElectroTour active for as long as you have the
listing by extending it every 6 months for 9.95.
However - the marketing and exposure that we produce for the ElectroTour expires
after 6 months. So if you want us to extend the tour 6 months and re-syndicate the listing out to all of the
websites for marketing and exposure the cost is $19.95. This covers the
administration cost of posting the listing to all of the different websites.
Syndication / Linking
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The syndication and posting list is subject to change without
notice. ElectroTours will submit each listing to our network. ElectroTours can not represent that all of these
companies will display our tours at any given time. Some of the
companies listed have term limits and expiration times on
listings submitted. These times are determined by the listed
companies and can range from 30 days to 6 months. Each of the
companies are independently owned and are of no affiliation with ElectroTours.
Our virtual tours
are exposed through multiple channels, which in its totality
comprises of The ElectroPath Network. We attempt to
syndicate the listing through our network to all of the sites
listed and have had great success in doing so,
however we do not guarantee each site will accept or post the
listing. If 75% of the network accepts the
listing that would be considered a successful syndication. Many of our network
sites also syndicate the listing once we have submitted it, therefore it would
not be uncommon for your listing to actually show up on several hundred websites
including many overseas real estate and video sites including Japan, England,
China and many others. Generating world wide exposure in many different
countries.
The ElectroPath Network, syndication and posting is
included with the virtual tour package and is at no additional cost free of
charge.
You are not paying for the syndication service, it was added to all packages in
2005 with no price increase as an added benefit to our customers.
We will continue to add new websites to the syndication network in effort of making it the largest virtual tour syndication exposure network in the business.
Payments / Refunds / Collections / Charge-backs ↑Top
Payments: Due to the nature of our business. Payment is expected prior to or at the time of service unless
arrangements have been made in advance.
Please contact us if you would like to set up an in-house account for billing.
Payments need to be in the form of a Credit or debit card. *No checks after 10-1-06
Refunds: Due to the nature of our business we do not offer refunds in any form. ElectroTours.com is a manual service based custom business. After the order has been placed and (or) service and man hours have been started (or) the scheduling process started we are not in a position to refund any payments for any reasons. However it is our practice to completely satisfy each customers concerns. We may at our option issue credits to customers on future tours or packages when deemed appropriate or to redo the service. Credit for a new ElectroTour will be issued if the agent loses the listing or the home goes under contract prior to the photos being taken by our photographers or prior to the virtual tour being produced if it was an express package order.
NOTE: If the listing sells, goes under contract, or the owners back out in anyway before and prior to photos being taken by our photographer or prior to you sending them in for express orders, we will issue you a full credit to be used on a future order but in no way issue any refunds.
After we have received photos or if one of our photographers has already taken photos we can not issue any credits.
Express Package Orders - If you place an order for the Express Marketing Virtual Tour Package and you never send us the photos, we will issue you a credit for future services in the full amount if requested. If you do not plan on using the service on a future listing you may at your choice transfer the credit to a different agent of your choice as a gift.
Collections - If you place an order on this website you are stating that you are the listing agent and that you represent the home owners per your listing agreement. You are hereby stating that you are authorized to order these services for the home owner on their behalf. If payment for services is not collected from you (the listing agent) you are hereby granting us permission to bill, collect and pursue collections for the services from the listed property owners. Per your listing agreement the home owners may have a right to collect from you (the agent) for any charges they are held to pay. It is also understood that the actual listing is owned by the broker in many states. You are also hereby stating that you are authorized by the broker to order these services on the brokers behalf. You are also stating that you agree that we have the right to collect payment for our services from the listed broker. You will be held to these statements and agreements in court if we find it necessary to file a lawsuit to collect for our services. It is understood that all active ElectroTours on your account will be suspended until payment is received for any outstanding balance. Ethics complaints will be filed against your real estate license for deception marketing practices,
Mechanic's lien -
A mechanic's lien is a security interest in the title to property for the
benefit of those who have supplied labor or materials that improve,
market or advertise the property. A mechanic's lien will be filed on the
property where the services were performed if payment is not received in full
within 30 days, Title companies will not give clean title to a property unless
any outstanding amounts owed against the property are paid.
Charge-backs - We are a service based business.
Charging back service based services is considered theft by deception in many
states. If you charge back our services - after the services have been preformed
or started it will be processed as if it were a returned check (Theft by
Deception) Charges will be filed and the above collection process and
mechanic's lien will start. You agree that all court actions will be filed and
will take place in Pasco County Florida.
Why do we have these policies?
Many people including photographers, production people and syndication people
are depending on payment for services. Our contract with these sub-contractors
states that they will be paid for their services only when payment has been
received from the agent who ordered the services. We are under contract with our
sub-contractors to guarantee our collection policy. Therefore we must follow all
of the collection actions stated above in order to protect our contractors and
our agreement with them, even for the lowest amount we are owed. Because we
allow our customers to pay by credit card this becomes a good faith business.
Note: By submitting your order and again by submitting your payment information you agree to our terms of service. All orders are required to be placed online at our website for this very purpose. No orders will be accepted otherwise. It is important that you understand our refund policy prior to placing your order. On the order page we indicate that you are agreeing to our terms of service by clicking on the (Order Submit) button. Again on the payment page we indicate that you are agreeing to our terms of service by clicking on the (Send Payment Info) button. Also after the order is placed we indicate our no refund policy in the email (Order Received) notice that is sent to the email address that was listed in the order form.
ElectroTours.com
recognizes the importance of protecting the privacy of personal
information about our customers. Personal information includes all of the
personally identifying information that is provided to ElectroTours.com
ElectroTours.com is sensitive to these
privacy interests and believes that protecting valuable personal/financial
information is one of our most significant responsibilities.
The policies outlined below describe ElectroTours.com policies to protect your privacy.
Use, Collection and Retention of Client Information
ElectroTours.com collects, retains and uses only the information about our
customers that is required by law to administer the business and provide
high-level services to our clients. We retain this information no longer than
necessary to meet these objectives.
Maintenance of Accurate Information
ElectroTours.com has established procedures so that a client's financial
information is accurate, current and complete in accordance with reasonable
commercial standards. Any request to correct inaccurate information is responded
to within a timely manner.
Limiting Employee Access to Information
All ElectroTours.com representatives are educated about the importance of
privacy and confidentiality. Only those representatives having a business reason
for knowing such information have access to personally identifiable information.
Protection of Information via Established Security Procedures
Its ElectroTours.com maintains rigorous security standards and procedures
regarding unauthorized access to customer information.
Maintaining Customer Privacy in Business Relationships with Third Parties
If it is necessary to provide personally identifiable customer information to a
third party, ElectroTours.com shall insist that the third party adhere to
similar privacy principles that provides for keeping such information
confidential.
Disclosure of Privacy Principles to Customers
ElectroTours.com customers have the right to know what information we keep about
them and how the information is used. Customers have the right to have any
inaccurate information corrected or deleted.
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ElectroTours will only provide each client with an Invoice for tax purposes. The paid invoice can be used as your receipt for tax purposes and deductions. All that is required by law is for ElectroTours to provide you with a receipt that includes our company name, address and contact information and amount paid. We do not supply W-9 forms for our clients.
Any customer that must require a W-9 will be assessed an administration fee of $25.00.
All payments must be made out to the company. "ElectroTours"
You will still be required to pay your invoice on time for services provided regardless of W-9 issues.
ElectroTours is in no way to be considered your companies sub contractors, employee or agent. We are a serviced based business just like an automotive shop, beauty salon, auto body shop etc. Please use your invoice receipt for any and all tax issues.
Full Service Packages that include a free sign:
Yard signs are not automatically included with the packages and must be
requested on the order form.
Yard signs are sent by regular US postal mail and can take anywhere from 4 to 14
days normally to be delivered by the post office.
(From the time your tour goes active)
If you requested a sign and it does not show up within 14 days, let us know and we will attempt
to send you a second sign (once).
if the second sign does not show up and you request a 3rd sign to be sent ,you
will be required to pay the shipping charges and the cost of the sign (unless)
you supply us with a different address. With a different address we will attempt
to send the sign one final (3rd) time at no cost to the agent. Due to the nature of our business we can not be held responsible for
any loss what so ever due to any signs that are delayed or do not arrive, as we have no
control over the US postal service. You are not charged
for the signs and they are only sent if requested on the order form. You are responsible for giving us the correct mailing address on
the order page for the sign delivery. We do not know if a sign shows up or not.
The only way we know that you did NOT get your sign is if you let us know.
Express Service Packages that do not include a free sign: $4.95
The below information pertains to Yard signs that are not included automatically with
the package at no cost. If a yard sign
is not included with your package you will have the option to order one at time
of order for
an additional $4.95 ( this charge is for and includes shipping and handling) when you place your order.
Yard signs are sent by regular US postal mail and can take anywhere from 4 to 14
days normally to be delivered by the post office.
(From the time your tour goes active)
If you requested a sign and it does not show up within 14 days, let us know and we will attempt
to send you a second sign (once) right away.
If the second sign does not show up we will offer you a refund for the cost of
the sign not to be anymore than $4.95.(total)
Due to the nature of our business we can not be held responsible for
any loss what so ever due to any signs that are delayed or do not arrive, as we have no
control over the US postal service.
We do not know if a sign shows up or not. The only way we know that you did NOT
get your sign is if you let us know.
Note: By submitting your order and again by submitting your payment information you agree to our terms of service. All orders are required to be placed online at our website for this very purpose. No orders will be accepted otherwise. Please understand that our goal is to have a yard sign at every listing that has an ElectroTour. It is important to us as a company that the sign is delivered and placed. Please contact us if your sign is not delivered so that we can start the process of getting you a replacement sign sent right away.
ElectroTours.com reserves all rights to update these Terms and Conditions at any time.
