LEGAL INFORMATION
Terms and Conditions
ACCEPTANCE
By using our Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Services provided by Cape Cod Design. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. Cape Cod Design reserves the right to modify and/or amend these Terms and Conditions as needed, at any time.
DEFINITION OF SERVICES
Cape Cod Design develops and installs the product/service known as "CCDRealtyOne," which is designed with the intention of allowing self-management of agent, broker or office web sites by their respective owners. CCDRealtyOne allows simple, user-friendly and extensive control of the frequently changing data and content of real estate web sites, reducing or eliminating costly Webmaster fees and delays in important web site updates.
Once the client has purchased CCDRealtyOne, Cape Cod Design and the client enter an "Installation Period." Generally two to three weeks upon purchase, the Installation Period entitles the Client to:
1. Installation of the full and most current version of CCDRealtyOne, including all of its features and capabilities.
2. Support by phone and email during the Installation Period pertaining to the installation, customization and usage of CCDRealtyOne.
3. Basic customization of the Client's site, including any and all images and written content (supplied by Client in digital form), security and site preferences, meta keywords, description, title and "spider" tags, editing of one of the multiple templates included in CCDRealtyOne, style, color and navigation preferences. These customizations do NOT include time-consuming custom graphics work, Flash, multimedia production, or customized programming, unless otherwise specified in writing.
Unless otherwise specified by special arrangement and agreement between you, the Client, and Cape Cod Design, all changes in content and data, after the Installation Period, and all data related to listings, are the responsibility of the Client, administered in the web-based control panel installed and/or customized by Cape Cod Design. The Client, will have exclusive access to and control of all aspects of the site, including, but not limited to, security settings and preferences, user and administrative profiles and passwords, images, written content, and data, form and search fields, as well as dynamic content submitted by site visitors. Except in cases of special agreement(s), not specifically covered in this document, between you and Cape Cod Design, Services, as defined in these Terms and Conditions, shall not include data entry and modification, graphic design customizations or modifications, password retrieval, training, email administration or any other Services not contained within this Agreement, after the Installation Period. The site will be delivered with optimal security settings, including an administrative user name and password, and with documentation containing usage recommendations and instructions. Once delivered, Cape Cod Design cannot and shall not be responsible for problems arising from the abuse or misuse of administrative functions, nor for retrieval of changed or deleted user and administrative names and passwords.
Upon the Client's request, Cape Cod Design may provide additional services and support at the time of this agreement, beyond services included with CCDRealtyOne, or at any time in the future, at mutually agreeable fees determined at the time of your request. Unless otherwise specified, requests for training or support for all routine maintenance and usage tasks, as documented and provided to you, the Client, will be treated as additional services and billed at hourly rates prevailing at the time of your request. Minimum billing period shall be 1/2 hour (30 minutes.) Cape Cod Design shall include limited support should problems arise as a direct result of "bugs" in the coding language as written and implemented in CCDRealtyOne. This support shall not extend to any third party features included in your web site or to features not written into and/or installed with CCDRealtyOne.
LIMITATION OF LIABILITY
Neither Cape Cod Design nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to you for any indirect, incidental, special or consequential damages arising out of use of CCDRealtyOne, or inability to gain access to or use CCDRealtyOne. Cape Cod Design will not be liable for any content submitted to your site through CCDRealtyOne as part of the services or for information contained in or part of the services including but not limited to search results. As some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Cape Cod Design, its employees, agents, successors, assigns, affiliates and content or service providers is limited to the greatest extent permitted by such state law.
SUPPORT
Purchase of the license and installation of CCDRealtyOne implies no on-going technical support in any form after the Installation Period, except in the unlikely event that CCDRealtyOne fails to perform as intended by Cape Cod Design and described in these Terms and Conditions, when installed on a server/host of our choosing and/or approval. Cape Cod Design cannot and will not address technical issues arising from installations, which have been modified by parties other than Cape Cod Design nor for technical issues arising from use of a server/host not of our choosing and/or approval. A separate support plan can be purchased with your installation of CCDRealtyOne (see section below, "PAID SUPPORT.")
PAID SUPPORT
Cape Cod Design provides limited support for CCDRealtyOne as follows when a subscription to a support/upgrade plan is purchased: fixes and/or patches in the unlikely event that CCDRealtyOne fails to perform as intended; fixes and or patches and updates to CCDRealtyOne should the third-party hosting provider reconfigure its hardware or software in such a way as to impair or render dysfunctional your installation of CCDRealtyOne. Support cannot and will not include assistance for hardware failures or server data losses or breaches of contracts by third-party host providers or other technical failures due to natural and unnatural disasters.
The support plan costs $25 per month and includes hosting (up to a 200 megabyte account) and weekly site back-ups. Additionally, Clients using the support plan will have phone and email access to help with general questions and issues related to the usage of CCDRealtyOne. Support cannot and will not include assistance with email set-up, maintenance or technical problems related to email, which is the responsibility of the third-party host provider or Internet Service Provider. Training and in assistance not included in our basic support can be purchased as a service at prevailing hourly rates. Cape Cod Design cannot and will not restore lost data, unless special arrangements are made by you to hire Cape Cod Design as a back-up and restore service provider. You are encouraged to use your third-party host tools to back-up your data in the event of data losses. Cape Cod Design cannot and will not support data losses which are a result of abuse, misuse or human failures by you and those you authorize to access and use your installation of CCDRealtyOne. Cape Cod Design cannot and will not be responsible for data losses which occur due to "hacker" activity or virus infections on your equipment or the equipment on which your site is hosted. In the event that you choose to subscribe to a hosting service other than one chosen or approved by Cape Cod Design, and/or if you choose not to pay Cape Cod Design directly for your hosting services, Cape Cod Design cannot and will not provide any technical support other than installation and basic set up of CCDRealtyOne on your site during the Installation Period. In the event that your host provider is not adequately equipped to accommodate CCDRealtyOne, the only remedy offered by Cape Cod Design is for you to subscribe to a host provider which is properly configured to install and run CCDRealtyOne. Cape Cod Design cannot and will not re-write the code for CCDRealtyOne to adapt to a host provider, unless otherwise agreed by a separate contract and for prevailing hourly rates, as described in the "Definition of Services."
LICENSING AND RESELLING
You may not, under any conditions or circumstances, distribute, sell or license CCDRealtyOne, whether in its original or a modified form. Furthermore, use of CCDRealtyOne requires the display of any and all copyrights and license agreements, including those from third parties which may be included as a service in the installation of CCDRealtyOne (these copyrights and licenses from third parties include, but are not limited to, ADODB, Wunderground, The Financials, Spaw, OpenRealty and Slideways.) These notices may not be removed from your installation of CCDRealtyOne at any time. Doing so will result in the disabling of your site and/or legal action by Cape Cod Design and/or any of the third party license holders.
Your installation of CCDRealtyOne is solely for use by you and your associates on one site only, in perpetuity, and may not be copied and distributed for use with any other parties, nor modified for use with any other product or service, unless expressly permitted by Cape Cod Design. Use of CCDRealtyOne on one or more other sites requires the purchase of a separate license for each site. Also, use of multiple instances of CCDRealtyOne on one site or server is strictly prohibited and also requires an additional license purchase for each instance of CCDRealtyOne. Failure to uphold the terms of use and copyright restrictions may result in legal action by Cape Cod Design and any other parties with license agreements with Cape Cod Design, including third-party content managers and providers whose features are included in CCDRealtyOne.
DISCLAIMER OF WARRANTIES
CCDRealtyOne is provided "as is," without warranty of any kind, except as contained in this Agreement. Cape Cod Design disclaims any warranties, express or implied, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
BILLING, PAYMENTS AND REFUNDS
Cape Cod Design offers no refunds on the purchase price of CCDRealtyOne, except in the unlikely event that Cape Cod Design fails to deliver its services as described. Cape Cod Design offers no refunds for the purchase price of CCDRealtyOne in situations which are beyond our control. Such situations may include, but are not limited to, disputes over ownership and use of your domain name, inability or failure to access domain registration records to make necessary changes for making your installation of CCDRealtyOne live. Cape Cod Design cannot and will not offer refunds because of an inability or failure to retrieve and provide the necessary access information (user names, passwords, connection settings) necessary for the installation of CCDRealtyOne. You are purchasing CCDRealtyOne for use on a particular domain name and, therefore, if you cannot use that domain name, it will be your responsibility to secure a new domain name so that we may complete your installation. Cape Cod Design will not offer refunds for delays in the installation of CCDRealtyOne if such delays are caused by situations beyond our control, including but not limited to power outages, natural disasters, fires, acts of terrorism and/or war, interruptions of Internet connectivity for you, your office, your third-party hosting provider or our own connection resources. Other disclaimers against our responsibility for delays installation include erroneous data and access information provided by you and/or your associates, server failures, email transmission failures or any other circumstance or event which is not directly in the control of Cape Cod Design.
Refunds are also not available for hosting and support packages. However, if you use our monthly subscription service for hosting and support, you may unsubscribe at any time, provided you give at least 7 days notice of your intention to discontinue these services. Your date of cancellation must precede your monthly billing cycle date to avoid being charged for the subsequent month. Your hosting service will stop on the day of, or shortly after the date of your services termination, unless your cancellation is too late to avoid a subsequent month of service, in which case, we will leave your hosting/support services intact until the last day of the last billed month. Please note that termination of services will render your site inoperable unless you have arranged to re-install your CCDRealtyOne with a new host provider. This process is not included in the support provided by Cape Cod Design for CCDRealtyOne as described herein, except in the case of an agreeable contract between you and Cape Cod Design, billed at prevailing hourly rates. To avoid interruption of your web site, please arrange to relocate your site with a new host provider BEFORE cancelling your subscription to our hosting/support services. You may still use your installation of CCDRealtyOne after changing host providers, provided that your domain name remains the same; however, we will not freely license CCDRealtyOne to you for use on any other domain name. Additionally, we will not provide support of any kind due to issues arising from problems related to moving your site to a new host provider, unless you have contracted us to do so beyond the expressed agreement contained herein regarding CCDRealtyOne.
PRIVACY AND DATA COLLECTION
Cape Cod Design only collect your personal data as necessary to contact you and to install CCDRealtyOne. No information collected is nor will be shared nor sold to third parties, and your data is only accessible to Cape Cod Design and its associates and only for the purpose of providing your services as herein described. Credit card information is never collected, retrieved or stored in any form by Cape Cod Design when you pay for CCDRealtyOne using third-party payment processing services such as PayPal. If you choose to pay by credit card over the phone, Cape Cod Design will only store one hard-copy of your payment information, credit card number. You may request a copy of your transaction receipt when paying Cape Cod Design directly by credit card over the phone. Cape Cod Design does not store credit card information online. When paying by credit card online, your security and privacy is the responsibility of the third-party payment processing service and Cape Cod Design will not be responsible or held liable for breaches of security and contracts by those third-party providers.
