Your satisfaction with our product as well as our service is our prime policy, guaranteed! The policies outlined below have been established as a guideline in how we do business with you. If there is anything we can do to make our product or service experience better, please let us know.
- Jason King, owner/founder
Month-to-Month Service Agreement
Updated November 7, 2018
This Agreement for Services ("Agreement") is between the Client Community (hereinafter called "Client") and CondoSites (hereinafter called "Provider"). The Client and Provider agree as follows:
TERMS AND TERMINATION.
This is a month-to-month agreement and may be terminated by either party, with or without cause, by giving the other party at least 30-days' notice.
SCOPE OF SERVICES ("The Product").
Provider shall provide the following:
a. Provide and host its website product and service for Client's agents, members, leaseholders, vendors, and guests (hereinafter called "users");
b. Design the website skin using photos and logo provided by Client;
c. Provide Client with content management training as needed, via written instruction, video instruction, and one-on-one or in-group sessions via web-conference; and
d. Provide Client with unlimited telephone and e-mail support;
Client understands that they are responsible for initial and ongoing content uploads and ongoing maintenance of said content; and if applicable, responsible for adherence to any state or local laws regarding content and/or digital notices.
COMPLIANCE WITH LAWS.
Provider and Client shall at all times remain in compliance with all applicable federal, state, and local laws, and tax laws insofar as applicable to the performance of this Agreement. Client shall keep Provider informed of laws, which may affect Provider's product or service. Client shall not use the Product for any illegal or unauthorized purpose, nor shall the Client allow others to transmit worms, viruses, and/or malicious code.
HOLD HARMLESS CLAUSE.
Provider hereby agrees to indemnify and hold harmless the Client against claims, damages, bodily injury or property damage caused by any negligent act or willful omission of the Provider, its agents, employees, and vendors. Client hereby agrees to indemnify and hold harmless the Provider against claims, damages, bodily injury or property damage caused by any negligent act or willful omission of the Client, its agents, or its employees.
Provider shall make all reasonable efforts within its control to provide security and protection to Client's information on the website.
WARRANTIES AND LIMITATION OF LIABILITY.
PAYMENT FOR SERVICES.
CondoSites websites are the property of Provider and are rented to Client on a month-to-month basis along with hosting, domain registration / renewal and maintenance. A single monthly service fee is charged to cover these services and is billed quarterly or annually according to Client's preference. Additional fees may be billed (with Client approval) for other services not included under the CondoSites service.
LATE PAYMENTS ARE SUBJECT TO A LATE CHARGE OF $25 PER MONTH. To avoid late charges, payment is due within 25 days of the date the eFolio was sent.
Quarterly folios are prepared and emailed on the first business day of the month as follows:
• December: for January, February and March service months
• March: for April, May, and June service months
• June: for July, August, and September service months
• September: for October, November and December service months
Annual folios are prepared and emailed on the first business day of the month of December to cover January 1 through December 31 of the following year.
PROVIDER RESERVES THE RIGHT TO TAKE ADDITIONAL ACTIONS WHEN ACCOUNTS ARE NOT KEPT IN GOOD STANDING:
• If minimum payments are not met, the account will be frozen from additional charges, services and support until the account is made current or brought to good standing.
• Accounts that are more than 30 days past due are subject to collection.
• Unpaid accounts may result in the withholding of delivery of updates (scheduled or otherwise), a hold on the launch of web sites, discontinuance of support, and/or cancellation web services and domains. Provider reserves the right to contact its mutual secondary vendors associated with the project to ask them to hold materials and/or services until the account is made current or brought back to good standing.
WEBSITE AND CONTENT.
The website structure is the proprietary property of the Provider. The content contained within the product is the property of the content's copyright holder.
Client shall designate an individual (typically a board member, non-board owner, property manager, etc.) to serve as a Primary Administrator who is responsible for administrative duties on the website (posting, updating, and editing content; administrating user profiles, etc.) along with providing support to users, and communication between Client and Provider.
Client may keep the website domain even if they cancel this Agreement. The domain registrar may charge Client a transfer fee (approximately $20, as of the date of this agreement); but as long as Client has been a customer of Provider's for at least three revenue months, Provider will not impose a charge. If Client has been with Provider for less than three revenue months, Provider shall be entitled to require Client to pay the price of the domain if Provider purchased on behalf of Client, also typically under $20.
Unless a client in good standing with a zero balance transfers the domain away from the Provider, the Provider shall retain the domain of a terminated account until the domain's expiration date. At that time the domain will be canceled and released back to the Registrar. Subsequent domain actions following domain cancelation are subject to the policies, procedures, and laws of the Registrar and ICANN.
If the Agreement is terminated due to non-payment, the domain will not be released to the Client until the balance is paid in full. The Client has up to the domain's expiration date to pay the balance in full and transfer the domain away from Provider's Registrar account if the Client wishes to keep the domain.
JURISDICTIONS AND VENUE.
The parties agree that the Agreement was entered into in San Diego County, California, and if any litigation should arise as a result of either party's breach of the terms and conditions of this Agreement, venue and jurisdiction shall lie in San Diego County, California. Any litigation arising under this Agreement shall be determined in accordance with the law of the State of California.
Any notice required by this Agreement shall be made via electronic mail (email) to the Client's Primary Administrator.
Client and Provider agree to first negotiate disputes without seeking legal action. Both parties shall agree to only seek legal action if they are unable to reach mutual settlement.
In an action on this Agreement at law or in equity, the prevailing party shall be entitled to recover its legal expenses, including reasonable attorney's fees and costs, and including legal expenses incurred on appeal or in post-judgment collection.
Provider may modify this Agreement with 30-days' notice conveyed with regular billing email or via separate email. Policies will also be published at https://condosites.com/policies.php.
This Agreement and any attachments hereto, which are explicitly referenced in the Agreement, constitute the entire Agreement and understanding between the parties and no statements, promises, or inducements made by any party hereto which is not contained herein shall be binding or valid.
Updated October 29, 2018
This website is operated by CondoSites to your community association. Throughout the site, the terms "we", "us" and "our" refer to CondoSites. CondoSites offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ERRORS, INACCURACIES, AND OMISSIONS.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information to the website website, including without limitation, information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in this agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, city, or association, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CondoSites, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, partners, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless CondoSites and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, partners, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying your board of directors, property manager, or website administrator, that you no longer wish to use the website and they disable your login, or when you disable your login personally in your profile.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
These terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms).
Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
These terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of San Diego, California.
CHANGES TO THE TERMS AGREEMENT.
You can review the most current version of the terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these terms constitutes acceptance of those changes.
End User Privacy Agreement
Updated October 29, 2018
What personal information do we collect from the people that visit our website?
When registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, unit number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver information applicable to you.
- To enable your board or management to send periodic emails about the association.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies, some features will be disabled that make your site experience more efficient and some of our services will not function properly.
THIRD PARTY DISCLOSURE.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to your board and/or management to show how frequent and comprehensively the site is being utilized.
THIRD PARTY LINKS.
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
CAN SPAM ACT.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to allow your association's board of directors and/or property management the ability to contact you specifically regarding the association or your access to the website. Your email address is also used as your login method and to reset your password
To be in accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the instructions provided at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can opt out in your profile - accessible by logging into your community website. You may also contact the website administrator in your association. Please contact your property manager and/or board of directors to determine who this individual is.