Activation Agreement for Services
The following terms and conditions apply to Home Property Management II, Inc. Outsourcing Department: VirtuallyinCredible. By subscribing to and utilizing VirtuallyinCredible Web Sites and the staff leasing services of Independent Contractors provided, you agree to and are bound by the following Terms and Conditions.
“Service” or “Services” means any and all services provided to you by the Independent Contractors provided/leased to you by Home Property Management II, Inc., a Florida corporation operating an outsourcing division “VirtuallyinCredible.” Home Property Management II, Inc. is hereinafter referred to as “VirtuallyinCredible,” “we,” “us,” or “our.” “Sites” means any site operated by Home Property Management II, Inc., and/or assigns and any and all of the contents contained therein, including but not limited to text, images, graphics, videos, data, messages, logos, or any other similar content.
Right to Change Terms and Conditions
You agree that VirtuallyinCredible may change these Terms and Conditions, or its rates, for any or all portions of the Independent Contractor Services at any time. You agree that VirtuallyinCredible may provide notice of such changes by posting the changes on the VirtuallyinCredible web site, or by e-mail or conventional mail to the address currently on file for your account. By continuing to use the Independent Contractor Services, you agree to be bound by the modified Terms and Conditions of the Independent Contractor Services.
Independent Contractor Relationship
The role of the Contractor provided by VirtuallyinCredible’s relationship with you will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. Independent Contractor will not be entitled under this Agreement to any of the benefits that Client may make available to its employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays or sick leave, or workers’ compensation insurance. No part of Contractor’s compensation will be subject to withholding by Client for the payment of any social security, federal, state or any other employee payroll taxes. Contractor may perform the services required by this Agreement at any place or location and at such times as Contractor shall determine. Contractor agrees to provide all tools and instrumentalities, if any, required to perform the services under this Agreement.
Billing and Payment
All VirtuallyinCredible transactions are based and calculated on the U.S. Dollar and you agree to pay VirtuallyinCredible for all rates and charges. Charges will begin accruing on the date VirtuallyinCredible receives your written, or online application. For convenience, your Independent Contractors are paid in the currency of the country in which they reside. A subscription to the Independent Contractor Service may require a credit card number or voided check for billing, depending on your program. By providing your credit card information or voided check, you grant VirtuallyinCredible authorization to submit charges to that credit card number or to debit your bank account for your use of the Independent Contractor Service each month.
The rates for an Independent Contractor Service period are charged in advance of the upcoming period of service. All usage charges based on “per minute” rates will be billed in arrears based on actual usage. Any other applicable charges (such as setup fee, surcharges, taxes, etc.) will also be billed to you. You acknowledge that the amount charged by VirtuallyinCredible may vary based on your usage of the Independent Contractor Service. All invoices are due upon receipt. Any charges left unpaid for 30 days will be subject to a monthly service fee of the lesser of 1.5% of the outstanding balance, or the maximum legally allowable interest rate. If charges applied to our credit card or bank account are rejected, VirtuallyinCredible reserves the right to assess a processing fee.
If you place your account “on hold” or “on vacation,” some charges may be suspended. However, you acknowledge that you are responsible for any usage charges that may have accrued before that time, as well as the current month’s service fee and all service fees debited to your account while the service is “on hold” or “on vacation.” Please contact VirtuallyinCredible’s customer service for specific information regarding your service plan.
You understand that failure to pay charges as required will result in the disruption of your Service and your account being turned over to an outside collection agency. You agree to pay the account balance, late fees, and collection charges if VirtuallyinCredible places your account with an outside collections agency.
You grant permission to VirtuallyinCredible to check your credit history and rating, and to refuse you service or suspend your account at any time based on our evaluation of your creditworthiness. VirtuallyinCredible will establish a credit limit for your account. If the total charges on your account exceed your credit limit at any time, your alternate method of payment will be charged.
You will have access to a billing statement for each month that you incur Service charges. Unless you notify VirtuallyinCredible in writing of any dispute regarding your statement within forty-five (45) days (or such longer period as may be required by law, if any) after the date the statement was made available to you, the charges on the statement will be deemed to be accepted by you for all purposes, including resolution of any inquiries made by your credit card issuer, if applicable.
Service Rates & Billing Terms
Rates for each service are as published and updated at the below links:
All prices quoted are in U.S. Dollars. Call Center rates are billed for both incoming calls as well as outbound calls. Reasons for outbound calls include replying to voicemail messages and inbound email leads. Those email leads in which the prospective tenant includes a telephone number will be called at the billable rate and/or may also receive an email reply at the billable rate. Email leads which do not include a prospect telephone number will receive an email reply at the billable rate for time spent creating and sending the email reply.
Clients with multiple offices or property managers wanting additional scripts or local DID numbers can request this at $20/mo per additional script or local DID number.
Inbound calls will be billed at the billable rate for both talk time and after-call wrap up (ACW). After-call wrap up may include recording relevant call data in a CRM or report and/or sending a follow-up email to the prospective tenant. Inbound caller time spent in queue waiting to speak to a representative is not billable time.
Currency Exchange Rate Fluctuation
The parties acknowledge that labor will be supplied in more than one country, that the currencies used by those countries may vary, and that those currencies may fluctuate in value against the U.S. Dollar during the term of this Agreement. To establish a baseline for currency rate fluctuations, the Base USD Exchange Rate Range will be determined as:
50-53 Philippine Pesos = 1 USD
19-22 Mexican Pesos = 1 USD
3600-4600 Colombian Pesos = 1 USD
Plus any other countries used to provide labor services which may be added as needed.
If at any time during the term of this agreement the Base Exchange Rate Range for Services specified in a foreign currency has fluctuated beyond this range, VirtuallyinCredible will calculate a foreign currency exchange adjustment for those Services. The adjustment will be calculated by comparing the Base Exchange Rate with the foreign currency exchange charged by our global payout provider or another comparable service to determine the average exchange rate during the month of service before each invoice is issued. Any resulting decrease in costs will be credited to Client and any resulting increase in costs will be invoiced to Client. In the event VirtuallyinCredible incurs a pass-through cost in a currency other than U.S. Dollars, the Parties shall determine the amount payable based on the relevant conversion rate as reported on OFX.com on the invoice date.
Rush Request Policy on Property Condition Reports (AU Clients)
For rush requests, Client must clearly indicate in their email “rush/urgent request.” All requests marked as RUSH/URGENT will be billed the rush fee of $11 per hour + $15 rush fee. Rush reports are sent back within 24-48 hours from the time the request is acknowledged. Rush PCR requests made by 5:00 P.M. AEST Monday through Friday will be completed within 24 hours (except US holidays). Requests received after the cut-off time as well as those received during US holidays will be considered received on the next Business Day (12:00 P.M. AEST Monday through Friday). A rush request is only valid if the PCR video is already uploaded and ready for viewing at the time the request is made. Rush reports can’t be canceled, and VirtuallyinCredible reserves the right to turn down a rush request if the video is still pending upload at the time the request is made.
Automatic Creation of Virtual Tours and Video Revisions
If Client requested to have Virtual Tours automatically created for all available listings, there should be sufficient photos (a minimum of 5) and information by the time the listing is posted on your website/property management software. In cases where the available description is too brief to match the number of photos on your website/property management software, we may limit the number of photos used on the Virtual Tour or request Client to provide additional material. Furthermore, if Client has special or specific instructions on the photos and verbiage, they must all be communicated clearly during Onboarding. As well, if there is a desired order by which the photos should show, Client must label the photos numerically.
Any request made by Client to revise the final video based on the initial videos, photos, copy, and/or requirements is considered as a revision and will be billed $25 per new video (unless valid errors are found).
Effective January 2019, service and subscription payments are due on the 3rd of each month. If the invoice is unpaid by the 8th of the month, service will be suspended until payment is received. If service is requested to be resumed within 30 days after account suspension, a late fee equivalent to 5% of the last invoice due will be applied, or a $50 reconnection fee, whichever is higher. Service resumption past 30 days will incur a late fee equivalent to 10% of the last invoice due, or $100, whichever is higher.
Right to Monitor and Record all calls.
As a quality control measure and in pursuit of continuous improvement, VirtuallyinCredible maintains the right to record and/or monitor all calls received and made by your account. These recordings may be used for training, quality control, continuous improvement practices, or as otherwise deemed necessary by VirtuallyinCredible. You agree that calls made to or by your VirtuallyinCredible Service may be monitored and/or recorded.
Call Recording Feature
When the call recording feature is enabled, a message informing all parties that the call is being recorded will be enabled by default. All parties must be notified when a phone call is being recorded. By disabling the automatic ‘This call may be recorded’ message, you agree to notify each caller and callee that the call is being recorded.
Disposition of Call Records
VirtuallyinCredible will cooperate with authorities on the provisioning of voice or fax messages, call recordings, or your identification information in cases where our services have been used illegally or in an unauthorized manner.
Discretion in Sharing Content Provided by Others
When recording phone calls, remember that all parties on the call must be informed that the call is being recorded, as outlined by the FCC guidelines for recording telephone conversations. Visit www.fcc.gov for more information.
Local Phone Number
VirtuallyinCredible defines a local phone number as a number that has local calling privileges to and from the requested area. In the event that a customer requests VirtuallyinCredible to provision phone numbers in a requested area, it is the customer’s responsibility to provide VirtuallyinCredible with an accurate list of Rate Centers. If the customer provides VirtuallyinCredible a list of cities but not Rate Centers, VirtuallyinCredible will, in good faith, explore various avenues to determine what rate center is a local phone number to the requested city.
VirtuallyinCredible’s reputation depends on providing a high level of customer service when answering the telephones. In order to maintain this high level of service, we need to know about any expected periods of unusually high call volume. If you plan to conduct any television or radio campaigns that direct the audience to call your VirtuallyinCredible Service, you are required to obtain advance consent.
While the call center will remain open, Video SEO Services at VirtuallyinCredible will be closed for the following USA Holidays:
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Day
We will operate with limited staff on the following USA Holidays:
- New Years Eve
- New Years Day (For the Call Center)
- Christmas Eve
- Christmas Day (For the Call Center)
Staff Training events will frequently be held on some of these dates in order to maximize our service days to you throughout the year.
Modifications to VirtuallyinCredible Forms
All modifications to our Call Center forms/content must first be reviewed and approved by our Product Development Team before they can be applied.
Your Service may be canceled with written notice by either party at any time, with or without cause. VirtuallyinCredible may suspend, interrupt, or cancel your service, without notice, for non-payment, or if VirtuallyinCredible reasonably suspects it will not receive payment, or for any violation by you of these Terms and Conditions.
After your Service is cancelled for any reason, you agree that VirtuallyinCredible is authorized to invoice you for any outstanding balance and you agree to pay it. VirtuallyinCredible will not refund a prorated portion of monthly service fees in the event that you cancel Service part way through your billing cycle. If a refund is due, it will be done in the same way the payment was made, or in a form of credit. Subsequent reinstatements of Service after cancellation are subject to a Service reinstatement fee.
Compliance and Cooperation
VirtuallyinCredible requires its Services to be used lawfully and in compliance with all regulations and governing bodies. You agree that your access to and your use of your Service account is subject to all applicable federal, state, and local laws and regulations.
VirtuallyinCredible will cooperate with federal, state, and local authorities and with injured third parties when asked for information about an account or a telephone number or during the investigation of any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You understand that VirtuallyinCredible will examine any and all portions of your Service to cooperate with such requests and you hereby consent to such examination. You also understand that VirtuallyinCredible will provide the contact information for your account to any federal, state, or local authority who makes a reasonable written request for such information or if necessary to clear up VirtuallyinCredible’s involvement in a regulated activity associated with your Service. You grant consent to VirtuallyinCredible to provide this information.
VirtuallyinCredible reserves the right to identify and restrict the same or substantially similar electronic mail and/or fax messages, whether or not commercial, to a large number of recipients (sometimes known as spamming). Because VirtuallyinCredible has no practical ability to restrict all communication, conduct, or content which might violate these Terms and Conditions prior to its transmission on VirtuallyinCredible’s systems, and because VirtuallyinCredible cannot ensure prompt removal of any such communications or content after transmission or posting, VirtuallyinCredible does not assume liability for you or others for any failure to enforce the terms of these Terms and Conditions.
Fraudulent and Abusive Use of the Services
VirtuallyinCredible helps protect you against fraudulent use of your Services with private usernames and passwords, credit card verification upon sign up, and daily and monthly usage limits. You are responsible for controlling access to and maintaining the security of your username and password. You shall notify VirtuallyinCredible of any usernames and passwords which are lost, stolen, or suspected of being used fraudulently by contacting VirtuallyinCredible’s customer service. You agree that you are liable for all charges incurred prior to and within 24 hours after you request VirtuallyinCredible customer service to deactivate your usernames and passwords. You agree to not engage in or assist others in fraudulent or abusive use of the Services.
Limited Access to Your Data
You hereby authorize your Independent Contractor(s) ‘limited right and access’ to use your software as needed to perform only the tasks for which they are paid. As such, you agree to provide only limited access to your software(s) as an ‘Authorized User’ in compliance with the Terms of Service of your software provider(s). Neither your Independent Contractor(s) nor VirtuallyinCredible shall disclose to any third party any information or materials provided by you, in accordance with the Confidentiality Agreement signed by your Independent Contractor(s), or use your data in any manner other than to perform obligations you hire your Independent Contractor to do.
Indemnification and Release
You agree to indemnify and hold harmless VirtuallyinCredible and its directors, officers, affiliates, employees, agents, suppliers, subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys’ fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever, sustained, incurred or required to be paid by VirtuallyinCredible by reason of or arising out of, directly or indirectly, your use of the Services, or the use of your Service account by another (whether or not authorized by you), including without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, and repair or maintenance costs incurred by you as a result of using the Call Center. VirtuallyinCredible reserves the right to assume the exclusive defense and control of any such claim subject to indemnification, but, notwithstanding VirtuallyinCredible’s control of the defense of such claim, you will remain obligated under this.
Disclaimer of Warranty
You acknowledge and agree that VirtuallyinCredible has not made, and does not make, any warranty or guarantee with respect to the Service, whether express or implied, and that the Service is offered to you “AS IS” and “AS AVAILABLE.” Without limitation of the foregoing, VirtuallyinCredible makes no warranty that the Service (i) is merchantable, (ii) is fit for a particular purpose, (iii) is or will operate “error-free”, or (iv) is non-infringing of the rights of any third party. You acknowledge and agree that VirtuallyinCredible cannot and does not guarantee (i) that the Service will be available at all times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be stored for any particular time, or (iv) that each and every country will be accessible through its access numbers. You acknowledge and agree that VirtuallyinCredible cannot and does not guarantee (i) the successful connection of phone calls that terminate at a service provided by an individual or entity other than VirtuallyinCredible, or (ii) the successful delivery of faxes to fax machines or other systems provided by an individual or entity other than VirtuallyinCredible. You acknowledge and agree (i) that VirtuallyinCredible cannot and does not guarantee, and assumes no liability for, the security or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion, (iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted data is only as secure as the encryption method used to protect it and may not offer complete security.
Limitation of Liability
You agree that VirtuallyinCredible will not be liable or responsible for any direct, indirect, incidental, punitive, consequential, or special damages, losses, lost profits, obligations, liabilities, claims and expenses (including reasonable attorneys’ fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever (whether based in contract, tort, strict liability or otherwise), sustained or incurred by you as a result of your use of the service or the use of your service account by another (whether or not authorized by you), including the loss, delay or inaccuracy of any voice mail, e-mail or other message or service, any loss of confidentiality of any voice mail, e-mail or other message intended to be confidential, or as a result of any suspension, interruption or cancellation of service (even if VirtuallyinCredible has been advised of the possibility of such damages). In no event will the aggregate liability of VirtuallyinCredible for any and all claims (whether based in contract, tort, strict liability or otherwise) exceed the amount paid by you to VirtuallyinCredible for service rendered in the most recent billing period.
It is your responsibility to test your system before any advertising is run to ensure the system is functioning properly and can be accessed from your area. VirtuallyinCredible bears no responsibility for reimbursement of advertising costs due to a failure to test the system by the subscriber, prior to advertising.
VirtuallyinCredible is not responsible for damages that result from phone numbers, services, or messages that are unavailable at the time of request.
The trademarks, logos and service marks displayed on Service materials or any Service web sites are the property of VirtuallyinCredible, its affiliates and other parties. You agree that you may not use any such trademark, logo or service mark without the written permission of VirtuallyinCredible or such third party, which may own them.
You agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials and software used by VirtuallyinCredible for or in connection with the Service are owned by and/or are proprietary to VirtuallyinCredible, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service, in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse engineer, disassemble or decompile any software used or owned by VirtuallyinCredible for or in connection with the Services.
Arbitration and Governing Law
Any dispute arising out of or related to these Terms and Conditions or the use of the Service by you (or by another person using your Service account, with or without your permission) shall be submitted exclusively to binding arbitration before the American Arbitration Association in Tallahassee, Florida. You agree that all arbitration proceedings shall be before one arbitrator in Tallahassee, Florida and you waive any objections that might otherwise be available based on improper venue or forum non-conveniens. Discovery appropriate to the dispute between the parties and the desire of the parties for a prompt and efficient resolution of the dispute will be permitted. The arbitrator will be bound by these Terms and Conditions and applicable law, and the decision of the arbitrator will be binding on VirtuallyinCredible and you. The arbitrator will have the power to award costs and expenses (including attorneys’ fees) to the prevailing party. The arbitrator’s decision may be enforced in any court of competent jurisdiction. These Terms and Conditions shall be governed by the laws of Florida applicable to agreements entered into and performed wholly in Florida.
Personal Data Privacy and Disclosure
Personal Data, defined as any information relating to an identified or identifiable natural or artificial person, shall be considered Confidential Information and afforded all of the protections set forth in these terms and conditions under applicable law particularly the laws of the United States of America. In addition to and without limiting the terms generally applicable to Confidential Information, the users agree that VirtuallyIncredible shall process, apply, view and use Personal Data only to the extent necessary to perform under these terms and conditions. VirtuallyIncredible may also disclose such personal data upon lawful request by a governmental authority regardless of jurisdiction, in response to any Order by a duly constituted Court of Law regardless of jurisdiction, or when required by any applicable law.
In providing or making available the personal data, you agree and consent to its collection, usage, disclosure, sharing and otherwise processing the personal data for disclosure to third parties to whom VirtuallyIncredible has outsourced certain business or operating activities, advisers, suppliers, independent contractors, legal representatives, authorized representatives, service providers, all of which may be located across global borders, for purposes in relation to these terms and conditions.
Phone Tenders Emergency Repair Services
VirtuallyinCredible will take inbound calls for repair services of a property development belonging to the Client in accordance with our terms and conditions and Client allows VirtuallyinCredible to perform certain services for the Client on a “cancel anytime” basis. VirtuallyinCredible agents will also screen calls for Emergency Repair Services for the Client’s rental properties for immediate assistance and it is understood that VirtuallyinCredible will not dispatch a vendor or create work orders within a Client’s Property Management Software for any repair calls but shall only direct such concerns to the Client through a detailed incident report for actual repair work especially those that involve emergency repair.
A request that qualifies as an emergency shall mean any repairs that, if not made in a timely manner, will likely result in immediate and substantial damage to the tenant or the common areas and facilities or to another unit or units. Otherwise, the situation may render the dwelling untenable or work may be necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.
VirtuallyinCredible shall maintain a hotline number for Emergency Repair Services available on a 24-hour-a-day, 7-day-a-week basis, which Clients may use as needed.
Except as set forth in this terms and conditions, VirtuallyinCredible does not make any warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, business continuity or fitness for a particular purpose, with respect to the provided services to be provided by VirtuallyinCredible hereunder. In no event shall VirtuallyinCredible be liable to client for any lost profits, loss of data, loss of use, business interruption or other special, incidental, indirect or consequential damages, including, without limitation, punitive damages, unless incurred as a result of or in connection with service provider’s fraudulent or intentional misconduct. VirtuallyinCredible assumes no responsibilities or obligations whatever, other than the responsibilities and obligations expressly set forth in this terms and conditions.
Emergency Repair Services – Limitation of Liability
Notwithstanding anything contained to the contrary herein, VirtuallyinCredible’s maximum total liability, and that of any of its directors, officers, affiliates, employees, agents, suppliers, subcontractors, (collectively, the “VirtuallyinCredible’s Affiliates”), arising out of, relating to or in connection with this terms and conditions shall in no event exceed the amount of compensation and fees paid to VirtuallyinCredible. The provisions of this paragraph will apply regardless of the form of action, damage, claim, liability, cost, expense, or loss whether in contract, statute, tort (including without limitation, negligence) or otherwise.
Emergency Repair Services – Indemnification
Except to the extent required by applicable law, neither Service Provider, nor any of its directors, officers, affiliates, employees, agents, suppliers, subcontractors, (collectively, the “VirtuallyinCredible’s Affiliates”), shall be liable to Client, and Client agrees to indemnify and hold harmless the indemnitees from and against any and all liabilities, losses, damages, costs and expenses (including, without limitation, attorneys’ and accountants’ fees), deficiencies, judgments, actions, causes of action, proceedings, demands or claims of whatever nature (collectively, “Damages”) arising from or in any way related to (i) Provided Services provided by VirtuallyinCredible pursuant to this terms and conditions unless due to VirtuallyinCredible’s fraudulent or intentional misconduct, or (ii) any accident, injury or damage whatsoever during the conduct of Client’s operations caused to any person or to the property of any person, occurring on or after the date hereof, except to the extent such Damages are caused by or result from any fraudulent or intentional misconduct by VirtuallyinCredible or its affiliates. The termination of a proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that an action or inaction involves fraudulent or intentional misconduct.
Emergency Repair Services – Force Majeure
VirtuallyinCredible will be excused for any failure or delay in performing any of its obligations under this terms and conditions if such failure or delay is caused by Force Majeure. “Force Majeure” means any act of God or the public enemy, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage or virus, health pandemic, endemic or breakout, telecommunications failure or any other circumstance or event beyond Service Provider’s reasonable control.
Recording of Digital communication/conversation
VirtuallyIncredible and its affiliates may electronically record all telephone conversations between its personnel and Users relating to any Transaction under the Terms and Conditions. Users waive any further notice of such monitoring or recording, consent to the recording of the conversations for training and marketing purposes of VirtuallyIncredible and its affiliates, and agree that the recordings may be submitted in evidence in any Proceedings under this Agreement to the extent permitted by applicable law.
For questions or concerns regarding our policy or this web site, please contact:
8259 N. Military Trail #1
Palm Beach Gardens, FL 33410
Sales & customer support agents are available info@VirtuallyinCredible.com