Profile Your City, Inc Terms of Service and Policies:
Our team at Profile Your City, Inc: - We care about your success, and we do the best to provide you with outstanding products and services. Below you will find a list of our policies. Our terms, policies, and procedures regarding all areas of our products and services can be changed, updated, corrected, added to or revised, at any time without notice and it is the client’s responsibility to review these terms and policies frequently, and without notification from Profile Your City, Inc. By continuing to use our services you consent to our Terms & Policies.
Refunds: – While we guarantee to make every effort to provide the best products and services to our clients, we do not give refunds or allow contract cancellations. We will always be happy to correct any issues that are within our control. There are immediate costs to us in the design and set up of your website that includes contracts and payments to third-party vendors and designers and for that reason, we do not issue refunds, for any reason.
Private Information: – All information about products, services, client lists, sales techniques or your account, is considered private and only intended for the client and Profile Your City, Inc. All correspondence is considered privileged. If you CC, Forward or in any other way share any communication between you, the client, and we Profile Your City, Inc with anyone else, past or present without written content from Profile Your City, Inc you will be in violation of our terms and subject to service termination immediately.
Training Classes: - All the information you receive through our training classes, support system, emails, text’s, social media tools such as YouTube, LinkedIn, Facebook or verbal conversations is private content owned by Profile Your City, Inc. This material is our opinion and only that, we offer no guarantees to our training, ideas and other content we provide. You may not reproduce or share this content without expressed written permission from Profile Your City, Inc.
Changes & Errors: – If there is an error or issue with your website, we are more than happy to resolve it for you and work with you to find a solution. There may or may not be a charge for this service depending on the issue. Each client is given ample opportunity to provide pertinent information and review the site for errors or omissions and submit them in email form for correction. This should be done within two weeks of your site being uploaded for your preview. After this phase, there is a charge for ongoing maintenance. The client is responsible for checking that all content, bio’s, email addresses, phone numbers and contact information are correct. Additional design time offered in your contract expires after 90 days if not used.
Terms of Service: – We do not represent in any way that we will extend our products or services to you for an undetermined amount of time. Our terms of service valid only for one year at the most and can be terminated or phased out of our offerings any time after that year without notice. Our rates for Hosting, Domain Services, Email Services, Search Engine Optimization, Design Services or any other product or service we provide may change at any time. The services we provide must be in writing to be valid.
Customer Conduct: – Professionalism is required and expected at all times. Abusive emails, yelling or harsh language towards Profile Your City, Inc contractors, and employees is a violation of our terms of service.
Contacting Profile Your City, Inc. Rules and Procedures: – We have a support system on our website for you to submit your change requests of ANY kind. This is our system for submitting work requests to Profile Your City, Inc. We do not accept any requests in any other form, like any emails other than email@example.com or phone message, text message or US Mail. Once you have submitted a request we will review it and email you back our response. Most requests are billable and will be billed without notice. We do not promise any amount of time that we will get back to you on or about your request. Some requests can be answered faster than others. We take weekends and holidays off to spend time with our families. Please do not expect an immediate answer regardless of your perception of the importance of your request.
Our products and services: – Maybe terminated at any time you or your team violate our terms of service. You will not be entitled to a refund in any form regardless of the issues. The termination will be without notice. In some cases, your contact information, domain and email accounts will be transferred to a third-party provider such as but not limited to “Godaddy.com” or other registrars. This moving of services would be done to transition you away from our services so that you can work out who your new provider will be. In this case, we assume no liability for your account, it’s emails and domain names in any way, and billing for this will be automatic.
Contract and Terms of Service Documents: - We must have a current client agreement, and contract and terms of service signed on file for you the client and any assistants or partners working with you and using our services by any means.
Credit Card Billing Authorization Document: - We must have a current credit card authorization document on file, and you are responsible for updating this document when your card expires or changes.
Domains and Email Accounts: - We provide domain name and email accounts as well as other website products through PYCdomains.com as well as our in-house domain and email services. These accounts are automatically renewed and billed accordingly. We reserve the right to transfer to another provider or cancel these services at any time for any reason. We do not guarantee these services will always be provided by Profile Your City, Inc.
Domains and Email Accounts Termination: - If you have Domains and Email accounts with us and want to cancel your website or any of our other services related to your website the following policies are in place by us. To transfer your domain and our email account out or our accounts a $45.00 fee applies to each product. For example, if you have 2 domains and 2 email accounts you will be required to pay 4 fees of $45.00. in order to make the transfer happen. If you don't pay this fee we will delete the email accounts and domain names out of our account and you will have to register the domain and set up new email accounts on the open domain and email market. This process can sometimes take more than 60 days for the domain to become available. We make no guarantees on its availability. We make no guarantees in any way that your domain name will still be available to you. The best way to transfer your domain name to another provider is to pay for our transfer service.
You can always keep these domains and email services and use a different website provider. We are a domain and email company so as long as you still pay for the renewal of these services, you can keep them in our accounts.
Maintenance & Renewals: – None of our websites include maintenance and charges for hosting, domain renewals, email accounts or any other services are standard on an annual, monthly, or daily renewal basis.
Website Upgrades: – Profile Your City, Inc reserves the right to upgrade, change, alter, add or subtract components and design elements on our websites at any time with or without notice to the customer. We are constantly upgrading and improving our system and its tools. We will, and do apply these updates or upgrades to our website systems on a regular basis. Some upgrades are free and part of our system, but some upgrades are mandatory and the cost to upgrade or update our system may be billed to the customer. Local MLS systems make changes to their rules. These rules may require changes to the data or website. Companies like Google Chrome, Internet Explorer and Firefox make changes to their website browsers and these changes may affect the way our websites display the website data and images. If we have to edit your website to work within these changes you may be billed for this time. We make every effort to update or upgrade our systems with the least amount of downtime or issues, but they will, and sometimes do happen. Some of our websites use outside companies, like an IDX system or other widgets or tools. We reserve the right to move, change or alter these systems at any time with or without notice to you the client.
Licensing: – All our websites and content are owned by Profile Your City, Inc. and licensed to the REALTOR, Real Estate Company, Brokerage or another vendor. The content and design of our website products are only authorized for use under this license for the term of the relationship between Profile Your City, Inc. and you, the client. Our website products may not be hosted, maintained or otherwise altered by anyone other than our company without our consent, and upon termination of the relationship, all files will remain proprietary to Profile Your City, Inc. This includes any customization of graphics, design, widgets, IDX integration, etc., that we may have created for the client. At the discretion of Profile Your City, Inc., websites may be offered to the client for a buyout price at the end of the related term. The cost for a buyout of the content and design will be determined by Profile Your City, Inc. This buyout does not include any fees associated with maintaining the IDX system which is integrated into your website.
Photography, Video, & Written Content Policies:
Including any other type of copy written materials: – All content provided by or for the client, is considered to be free of any copy write or license agreements needed to use said content. You the client must have on record license agreements for all images used on your behalf. The responsibility for following third-party copy written or license policy falls solely on you the client. Many times, we are provided content or directed to the content by you the client. We assume the content is yours to use, so please make sure you own the rights to use all content on your website. Even if we create, research, find, ad or place any content on your website with or without your knowledge you are still responsible to review and verify that the proper agreements to use this content are in place. It is common for our designers to place images or content on our client’s websites the responsibility still falls on the client to supply proper license paperwork for these items. The content in our products is solely for use in our products only. If you use any of our content for other purposes you are in violation of our or other providers policies. We do not assume any liability for copyright or licenses issues, claims or violations regardless of the situation.
Email services: - We bill our current hourly rate for all email support question. Regardless of the issue, we bill for email support. We suggest you back up all your emails and do not guarantee the safekeeping or delivery of any emails. We do not in any way guarantee 100% uptime or any percentage of uptime on email accounts. We do not offer free email support. We do not warranty or support our email systems on any third-party devices, such as iPhones, Blackberry, Outlook, Gmail or any other device you may choose to check your emails with. Just because you purchased or were provided an email account by us, that does not obligate us in any way to support third-party programs or services. We do not accept any clients who use our email systems to send hate mail, political propaganda or any negative materials in any way. We do not allow our email system to be used as a mass email marketing system. We do not allow our email system to be used to send unsolicited emails in any way. If they did not ask for it and you send it and it becomes considered by spam by us or any other business, person, company or any other governing body then you’re in violation of our terms of service and your account may be terminated immediately. From time to time your email account may be reviewed for our policy and terms of services. Your email account may be reviewed by our staff to check for issues. Your email account may be moved, transferred, upgraded, downgraded or changed in ways we cannot determine at this point. Your email system is not completely private and may be reviewed by our staff at any time.
IDX/MLS System Policy: - To the best of our knowledge the information provided is current and accurate, but we do not accept liability for any misrepresentations or inaccuracies. The information is provided by many parties and or vendors and therefore cannot be guaranteed by us to be accurate 100% of the time.
MLS Fees: Many MLS/Board of REALTORS charge fees to access their data for use on your website. This payment is required to be paid for by the client, agent, or company. Profile Your City, Inc does not pay these fees or include these costs in any of our contracts. These fees usually are monthly or yearly and are on top of any fees Profile Your City, Inc charges for hosting or any of our other services. In most cases you the client need to pay these fees directly to the MLS/Board of REALTORS in question. This fee may be a new fee that they charge or a fee you might not be aware of, but you are still required to pay it. We do not have any control of what your associations charge or decide to charge and take no responsibility for any additional fees.
Credit Card Chargeback: - If you do a chargeback for any or our services, the contract is accelerated and due in full.
Systems and Server Usage: - Our website hosting products are stored on our servers. If your usage exceeds a reasonable usage amount, you will be charged excess fees based on usage and the impact of excessive usage. This fee starts at $500.00 per incident. Excessive website traffic due to marketing, spamming or any other means that caused load issues or any other server issues is not allowed. Excessive traffic and or techniques created to drive excessive traffic must first be authorized by Profile Your City, Inc.
Maintenance: - Most of our products do not come with free maintenance. Unless you are on a paid plan that is in writing explicitly quoting maintenance, then you do not have free maintenance. Please contact us for our current rates on maintenance. Our prices may change at any time and without notice.
Website Data: We do store and back up our websites and its data. We assume no responsibility for your website data. This includes but is not limited to the content, leads or any other data associated with our system. The bottom line is you are responsible for backing up and storing any and all data, leads or other information you deem as important. We can offer advice and do strongly suggest you back up your important information. We always make our best effort to ensure our systems run accordingly, but we in no way guarantee that the data is secure or readily available in an emergency.
Terminating Your Account: - After the term of your contract is completed, If you want to terminate your services you must write us an email to firstname.lastname@example.org with the words “Account Termination” in the email subject line. After the term of your contract has been met we require an advance 60-day termination notice and you will be required to pay for all services within that time frame as well as any outstanding balance due to Profile Your City, Inc. Fees may apply to close, transfer or discontinue our services. If you use a credit card to pay for our products or services you agree to our terms of service. You also agree to not do a chargeback (Ask for A Refund) to your credit card company for any reason.
If you are being billed by a third-party service, such an IDX provider, email, domain name, text services or any other service or system you are fully responsible for closing out these accounts. Notifying Profile Your City, Inc, Jeffrey Buck, Jennifer Buck or any staff or representative of Profile Your City, Inc by phone or an email to any other email address other than our designated email@example.com email address. Does not constitute the closure of or canceling of these services. You are solely responsible for the cancellation of a service, billing or obligation under contract with said third party. Even if these services are used by Profile Your City, Inc in its performance of our services.
* This also applies to contracts that have extended past the original contract length and does not invalidate or change the terms of any existing contracts.
Client, Customer, Non-Compete and Confidentiality Agreement:
For so long as the client or customer shall remain a client or customer of Profile Your City, Inc. and for a period of 2 years after termination of engagement for any reason by either party, the client or customer shall not disclose or communicate any "Confidential Information" to any person or entity nor use said "Confidential Information" for any purpose other than the benefit of Profile Your City, Inc.
For purposes of the preceding sentence, "Confidential Information" means any information regarding business methods, business policies, procedures, techniques, research or development projects or results, sales information of any kind, financial information of any kind, trade secrets or other knowledge processed which is not generally known by individuals outside of Profile Your City, Inc. (including clients, customers, employees, consultants and advisors). Also, "Confidential Information" shall additionally include, but not be limited to, the following information of Profile Your City, Inc.:
1. Customer list or other customer information.
2. Sales strategy, tactics, or methods.
3. Information pertaining to current products and services under development.
4. Information pertaining to products and services under development.
5. Software or technology systems.
6. Ideas and future business plans and strategies.
In consideration of being a client or customer, of Profile Your City, Inc., I, the undersigned, hereby agree that during the period I am engaged as a client or customer of Profile Your City, Inc. and upon the termination of my contracted services and notwithstanding the cause of termination, I shall not directly or indirectly go into business, compete in business or solicit business from customers or clients of Profile Your City, Inc. nor engage in (as an owner, officer, director, employee, consultant, or stockholder, investor, developer or any other capacity), the business of Real Estate Web Design or a business substantially similar or competitive to the business of Profile Your City, Inc. including the development or sales of similar technology systems.
Profile Your City, Inc. provides the following, but not limited to, services: real estate website design and marketing, client relation manager tools, website chat tools, email marketing, email newsletter marketing, search engine optimization, content creation, online marketing, business directory services, email accounts, hosting, servers, tech support, REALTOR websites and tools, real estate broker websites and tools, country club websites and tools, as well as many other related items. If it is an online tool or service that REALTORS, real estate brokers, real estate companies and country clubs use then it would be covered in this agreement.
This confidentially and non-compete agreement shall include all of Florida and extend for a radius of 100 miles of any additional territory of the Profile Your City, Inc. and shall be in full force during the time we are working together as a client, customer, employee or Independent contractor and in effect during the time we provide said service and products and for 2 years, commencing with the date of service termination.
I agree that if a surety bond or any other type of bond is needed during the enforcement of this agreement that the amount of that surety bond will not exceed $1000.00
Other: - Some of our products, services or invoices may include the names or reference to “Profile Florida” or “Jeffrey Buck & Jennifer Buck” “Featured Home Listings” all rights and ownership is to be represented by, owned by and covered under the corporation “Profile Your City, Inc.” So as to never be confused these products and services are owned by Profile Your City, Inc.