Sales Policy. Effective: 19 April, 2011
All VPiX® virtual tour camera kits, optics and hard good products come with a manufacturer's warranty. Please submit the registration cards to these vendors so that you are protected. Additional protection is available on whole enchilada 360 camera kits with the Diamond Protection plan. This add on warranty extends the manufacturer's warranty by 1 - 3 years (depending on camera kit/make/model and optic selections) and covers breakage and theft.*
By placing your order online or by telephone, you acknowledge that you have had the opportunity to review VPiX®'s warranty terms and sales policy to the extent you are familiar with them and you accept the terms and conditions, including return policy, limitations, exclusions and disclaimers in them. Every sales invoice VPiX® issues makes mention of this Sales Policy and it is your responsibility to read this. Once you have paid VPiX®, this policy becomes effective immediately. This policy is updated from time with little or no notice to you. As a customer of VPiX®, it is your responsibility to review VPiX®'s Sales and Return policy if you are a recurring customer. Your continued use of VPiX®'s service(s) constitutes an automatic acceptance of changes we may make to our policy.
VPiX ON-SITE HD PHOTOGRAPHY SERVICES
By placing your order via signed, written Scope Of Work (SOW) to have a VPiX Certified photographer come to your business to shoot, you have agreed to VPiX®'s Sales / Return Policy. (1) CANCELATION: Airfare, travel expenses once purchased by VPiX® are often non-refundable. Cancelation of any VPiX on site assignment will in all cases, require the cancelation fee payment, which will vary. (2) A 10 to 15% cancelation fee of the contracted amount will apply.
IDX, WEBSITES, CONSULTING & SEO WORK
All sales of services and custom designed websites, including IDX MLS systems are final. VPiX® cannot restock time once used. VPiX® shall provide a general Scope of Work (SOW) to client via emails and quotes and / or an MS Word file, often saved as a PDF document which will detail the work involved, the milestones and payments. Once customer selects the desired package and services and provides a deposit to VPiX® -- this policy becomes effective immediately. IDX systems for all off the shelf IDX MLS systems are provided via iHomeFinder and requires the customer (agent or broker) to sign and fax that before IDX services can be connected to your website. Once signed, iHomefinder's sales and usage policy become in effect. Please see: http://www.ihomefinder.com for more details.
SEO Services Work. Client understands the risks of an ever-changing landscape of rules and algorithmic changes. Customer understands that Google sometimes can and will change methods and algorithms from time to time and that VPiX® nor any VPiX® referral has any control over. Customer understands that any SEO services, link building and advice is sold "as is," without any warranty either expressed or implied. VPiX® and any recommended vendor shall be indemnified against any and liability for any work authorized to do on behalf of Customer. At no time, shall VPiX® or any VPiX®-recommended contractors be held liable for search engine changes at any time. Customer may elect, at his or her discretion to hire VPiX® or a VPiX®-recommended SEO consultant to make changes to their site once the algorithmic changes are public. At no time, shall VPiX® or any VPiX® recommended vendor be expected to make changes at no charge.
All hardware and hard goods from third parties are sold "as is" along with their own manufacturer's warranties. Software from any vendor cannot be returned or restocked. If you have questions about a software product's operation or functionality before you purchase any VPiX® bundled 360 kit, you are allowed in many cases to try the software before you buy it -- such as AutoDesk Stitcher allows a 15 day trial use before it requires an activation key and a serial number.
All products including custom websites and any VPiX® or Kayyah.com hosting services are non-returnable. VPiX® offers no refunds or exchanges after the purchase has been made. EXCEPTION: If you receive any hard good that appears to have a defect after you received the shipment -- it can be exchanged for another identical product as permitted under the manufacturer's warranty. Claims for any damage from FedEx, UPS or other carrier require you to notify VPiX® within 72 hours after having received the product(s). Failure to claim carrier damage within 72 hours will constitute a void of this policy.
Credit Card Purchase(s). Any customer who makes a purchase using a Credit Card for VPiX® product(s) or service(s) will make the purchase on his or her own credit card, or if using a company card, he/she has the full legal authority to make the purchase on the firm or individual's behalf. Any customer who calls their bank or financial institution in order to gain a refund by circumventing VPiX®'s sales policy will constitute Credit Card Fraud. At such time, VPiX® may take legal action. VPiX®'s sales and return policies have all been reviewed by the Better Business Bureau (BBB) and Visa, MasterCard, American Express and Discover and have been approved. In the event legal action is used to re-collect a disputed credit card charge, you will be responsible for reasonable attorney fees, the original amount, bank charges and any other damages that might be imposed by a court hearing. Travel expenses to/from Santa Fe for any legal action or court appearance will be the sole responsibility of the customer.
Custom/Semi-Custom Websites/Software/Mashups. Any customer who employs or contracts VPiX® for the development of any website or custom/semi-custom software agrees to the following terms. 1.) Because the Internet makes available certain software application program libraries/interface (APIs) or software development toolkits (SDKs) VPiX® will not and cannot legally convey any copyright ownership of the mashup code or finished project to any client. 2.) You may possess a copy of the mashup and project source code on a CD-ROM, but you are not entitled to use this software in form that might be used to directly or indirectly compete with VPiX®'s business model. 3.) VPiX® may at anytime take the mashup and use this in any business model VPiX® sees fit with little or no notice to you whatsoever. Exception: If VPiX® is hired to work for you within a protected territory, especially in an Internet marketing capacity for SEO and real estate marketing, then this policy is void as you will have a signed project proposal where VPiX® only works for one broker or top producing agent/broker per geographic region.
Custom Websites, SuperIDX-IDL VOW Driven Websites Any customer who engages VPiX® for the creation of a custom website driven by a SuperIDX IDL system agrees to the following terms and conditions; 1.) Customer shall in no way, alter the custom code developed by VPiX®, 2.) Customer shall not engage any 3rd party for the purposes of enhancing or modifying the software and shall give VPiX® the first right of refusal to make any and all requested changes. VPiX®'s refusal to provide the upgrade does not automatically constitute any relinquishment of VPiX® proprietary code or know how to any 3rd party. If Customer desires a change that VPiX® is not willing to provide, then Customer can elect to purchase a license to the SuperIDX code developed for said Customer. In such an event, VPiX® shall provide a written quote for such a license to Customer and it will be accompanied by a Software User License Agreement (SULA) which shall be binding on the Customer and Customer's software applications developer/vendor. In the event customer elects to circumvent this policy and have any 3rd party developer use any software program to reverse engineer, trace, scrape or obtain a working copy of VPiX® developed software, Customer shall be subject to immediate termination and all services with a 30 day notice. Customer may also be subject to legal and civil action in order to protect VPiX® intellectual property.
Unknown Procedures/Features that Cannot Be Replicated; At no time shall VPiX® be required to deliver any module or service feature of any custom software if, after all good faith measures have been exhausted, VPiX® engineers have identified a client requested feature that is not able to be duplicated. We cannot possibly know what we do not know. And in the course of copying look and feel of a software product or idea for a custom mashup, good faith and due diligence shall be conducted as to the feasibility of a particular feature/service that can or cannot be replicated, designed or engineered and given to Customer in the final mashup product(s). In some instances when VPiX® engineers might be able to deliver a Customer requested feature, a reasonable amount of time shall be given to VPiX® for research in order to learn if such feature(s) can be replicated and engineered. In some cases, time consumed for research can and sometimes does result in flat rate quoted mashup projects to be over budget, but shall not exceed plus or minus 10% of the agreed, capped project amount. Email requests for additional tasks and research are subject to VPiX®'s hourly rate and will be billed in addition to any signed contracted amounts. In some cases, VPiX® shall first submit an amendment of any Scope of Work, MRD/PRD to Customer for review of extra costs(s) needed to provide some requested features in the final mashup delivered to Customer from VPiX®.
If a Customer requested feature cannot be replicated and engineered because there is insufficient documentation or knowledge of how to do so,
VPiX® shall remain the final determining authority as to whether or not a feature can or cannot be replicated or built. In such instances, should they arise, VPiX® shall notify Customer of the features that cannot be replicated for the fixed budget and shall offer options to hire (when available) engineers from the company of which source code for mashup is licensed from in order to build the feature at a reasonable extra cost to Customer. In some cases VPiX® may elect to strike a particular feature or features from the final delivered product to Customer and Customer shall not withhold monies due VPiX® for the features that are working. Transfer of the final mashup/website/project and code developed by VPiX® shall only be made to Customer after receipt of good funds as pursuant to the signed agreement of the MRD/PRD or Scope of Work document between the two parties. Customer is required to make good funds on the final invoice submitted by VPiX® within 48 hours in absence of any other written and mutually agreed upon payment terms.
Carrier Negligence of Products Shipped to Customer. VPiX® will replace or refund your order once actual loss due to fault of the carrier has been determined. Example, UPS or FedEx leaves the box at your door with no signature. At no time shall VPiX® nor any of our affiliates ship a product to a customer without having requiring a signature. This is to avoid issues of theft. In the event any customer claims carrier negligence, VPiX® shall make reasonable efforts with the carrier to launch an investigation to determine where carrier left the package. Once the UPS or FedEx investigation has been completed, at that time and at the discretion of VPiX®, we shall either replace the product or refund the charge(s) to your credit card, less the cost of training or any software(s) downloaded and purchases of serial numbers. Therefore any refund, if given, will be the amount charged the customer less the cost of the software purchase(s).
Cancellation of VPiX® Services, SEO / Hosting. Any customer who desires to cancel his / her services with VPiX® may do so at anytime with 30 day written notice to VPiX®. Click here to cancel your account. Once canceled, your Kayyah account, IDX and all email services will self-terminate on day 30. Kayyah MLS listing services are not permitted to run on 3rd party servers. You will be liable for all charges until the next billing cycle at which time, your pro-rated account will need to be brought current at the time disconnection of your account is made. Abandonment of your account, meaning failure to pay your regular monthly service charges is an insufficient action to cancel your recurring services (as we are not mind readers). Therefore, regular monthly charges will continue to accrue on your account whether there is an active credit card on file for your recurring services or not. Accounts not paid after 30 days: After all reasonable methods have been exhausted to contact you regarding your past due account, collections and / or legal action may be used to collect the outstanding balance due VPiX®.
Returns (RMA) of Equipment. Any return of equipment must be approved in advance from VPiX®. Customer will ship back the equipment in original boxing/packing materials. Customer is advised they shall not break off or alter any cases such as snapping off the GoPano tabs -- as this can result in damage to optic during transit. Any customer who ships back any panoramic hard good product(s) including lenses and cameras will ship the return via a bonded and nationally recognized carrier such as UPS or FedEx. If customer is given the VPiX®'s FedEx # to return the equipment, customer understands he/she will be charged for that transportation for the equipment return(s). Restocking fees up to 15% of the product(s) retail cost may be imposed at VPiX®'s discretion. Customer understands he/she is responsible for any damage due to their negligence or improper packaging. At no time shall customer be entitled to credit/refund for any software as it cannot be restocked and resold. In the event any product(s) received by VPiX® are damaged, Customer shall be given 72 hours notice to pay for the repair and or replacement of the product(s). Without receiving any other instructions, customer's existing credit card on file shall be charged for the repair/replacement if VPiX® does not receive an alternative form of payment within 72 hours of initial notification of damage.
Return of Equipment / Product to VPiX®. You need to obtain written permission from VPiX® before you return any equipment. In some cases an RMA number might be required. Contact: email@example.com to obtain permission and/or an RMA number before you ship anything back. Equipment shipped to VPiX® without permission or an RMA number may be rejected at VPiX®'s sole discretion.
Please note VPiX® does not permit the return or do we offer refunds for the services:
LEGAL / ARBITRATION
- Custom or Semi Custom Websites
- Links to Realtor.com for Showcase Listings
- Consulting, or SEO Work
- Press Releases
- Radio or Newspaper Ads
- Electronic Software Downloads
- Custom Software Programming or Engineering
Customer shall provide a copy of a legally executed, and signed Scope of Work or VPiX® services agreement. In the absence of any signed agreement, the only recourse available to Customer is to simply stop using VPiX® services. Any claim from Customer must be made in writing and via certified U.S. Mail and must be accompanied with a copy of a signed Scope of Work and a list of the breeches VPiX® is claimed to be in violation of. If VPiX® fails to correct the breech within (30) days, Customer has the right to seek mediation through a New Mexico arbitrator. Failure to solve any SEO changes, specifically any algorithmic change created by Google or other search engine, failure of any hardware, software, lack of computer skills, acts of God, or Internet outage are not sufficient cause(s) for any claim(s) whatsoever. Arbitration is strictly reserved only for legitimate breeches of contract. Mediation / arbitration will be made through either an individual mediator or one appointed by a mediation services organization or body, experienced in the mediation / arbitration of business disputes, and shall be held in the County of Santa Fe, Santa Fe New Mexico. The costs and expenses of mediation, including compensation of the mediator, including lodging, meals and travel expenses shall be borne entirely by the party bringing the claim against the other. If the parties are unable to resolve the claim, controversy or dispute within (30) days after the mediator has been appointed, unless such time period is extended by written agreement of the parties, then either party may bring a legal proceeding to resolve such claim. The decision made by a New Mexico Judge will be final.
Jurisdiction and Venue
VPiX® and customer shall hereby irrevocably submit themselves to the jurisdiction of the state courts of Santa Fe County, New Mexico for any matters that cannot be resolved by arbitration. Judgement by the New Mexico Courts shall be final. All travel expenses including legal will be the sole responsibility of Customer.
Virtual Pictures Corporation
Attn: Privacy Officer
590 Highway 105, Suite # 276
Monument, CO 80132
Please include your name, address, phone number and an e-mail address when you contact us.