FIDELITY ASSETS TERMS OF SERVICE
These Fidelity Assets Terms of Service ("Terms of Service" or "Agreement") are binding as between Fidelity Assets, LLC ("Fidelity Assets") and You, the licensed real estate agent, broker, or other duly licensed real estate professional ("Real Estate Professional", "You"). Changes to these Terms of Service will be made from time to time by Fidelity Assets and these changes will be effective upon posting at www.FidelityAssets.com. If You do not agree to these Terms of Service, do not use any Fidelity Assets services.
Fidelity Assets offers services to You conditioned on Your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with Fidelity Assets and/or use of Fidelity Assets' services constitutes Your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Real Estate Professional shall obtain any required broker approval prior to participation in any Fidelity Assets service, and Real Estate Professional expressly represents that all such permissions have been obtained.
NEIGHBORHOOD SEM TERMS OF SERVICE
If You are or ever become a Neighborhood SEM customer, meaning You pay on a monthly basis for the Neighborhood SEM service, You are subject to the Neighborhood SEM Terms of Service. The Neighborhood SEM Terms of Service hereby incorporate ALL of the above Fidelity Assets Terms of Service. Every Neighborhood SEM customer is subject to these Fidelity Assets Terms of Service in their entirety, and the entire Fidelity Assets Terms of Service applies to the Neighborhood SEM service and each user of the Neighborhood SEM service.
With Neighborhood SEM, Fidelity Assets will construct and manage an online marketing campaign that consists primarily of placing advertisements on Your behalf on one or more search engines, with the goal that consumers searching those particular search engines for real estate or neighborhood related information will click on Your advertisement and be directed to the web page of Your choosing, typically Your personal website. This type of online marketing campaign is known as Pay-per-Click (PPC) marketing.
You will be charged a flat fee, for a guaranteed number of monthly clicks. The amount You are charged and the number of clicks You are guaranteed is dependent upon the package You select upon purchase. If You are delivered fewer than the guaranteed number of clicks in any given month, the under-delivered number of clicks will be delivered in the following months.
If You were quoted a package price by a Fidelity Assets representative, You hereby acknowledge Your understanding that such price was Fidelity Assets' then current price, and such price is subject to change at any time.
Fidelity Assets cannot and does not guarantee the number of clicks Your advertisement will receive in a given month, but does guarantee that all purchased clicks will be delivered. Neighborhood SEM will use its best efforts to ensure that Your advertisement receives prominent placement on the search engines, and that the goals of Your campaign (i.e., to drive quality traffic to Your web site or landing page) are being pursued.
Fidelity Assets cannot and does not make any assurances that any clicks received by Your ad will be converted into genuine leads. Such conversion is dependent on numerous factors beyond the control of Fidelity Assets. Conversion rates from web visitors to leads varies depending on numerous market factors, including geographic area, market conditions, and other variables. Fidelity Assets cannot and does not guarantee that historic conversion rates will remain consistent. Fidelity Assets will use its best efforts to ensure that You receive targeted traffic to Your web site or landing page. Fidelity Assets shall not be responsible for "generating leads" or for converting web traffic into "leads." Fidelity Assets cannot and does not guarantee that any leads You do receive will convert into transactions. How You handle any leads received through use of Neighborhood SEM services is entirely Your responsibility. Fidelity Assets does not "scrub" or "pre-qualify" any leads that You may receive through use of Neighborhood SEM services, and Fidelity Assets shall not be responsible for the quality of those leads or any of the information provided by persons who arrive on Your web site or landing page. No refunds will be given based on the performance of Your campaign, whether or not You receive any leads, or based on any of the information provided by people who submit their information on Your landing page.
BILLING
A "billing period" consists of one month. You determine Your cost, and number of clicks by the package You purchase. If, in a given billing period You receive enough clicks to fulfill the package You've purchased, Fidelity Assets will "pause" Your campaign until the beginning of the next billing period.
Fidelity Assets does not mail paper invoices or statements. You will receive Your monthly report via email.
From the time You place Your order, it will take approximately one week to launch Your PPC marketing campaign.
Upon registration, You will choose where to send Your PPC traffic, and Fidelity Assets will build Your PPC marketing campaign according to Your preference.
Any changes to Your account or PPC campaign may result in additional charges.
PAYMENT
You are expected to pay all charges on time. Credit card
transactions require an acceptable and currently working credit card number.
Fidelity Assets may terminate or disable Your account
if You fail to pay any amount due to Fidelity Assets when due. If the credit
card expires or otherwise declines payment, access to Fidelity Assets can be
modified or suspended. If payment is more than thirty (30) calendar days past
due an additional 15% of the balance, or the maximum allowable by law,
whichever is less, may be assessed on the total amount of the late payment, and
the entire amount of unpaid charges or other outstanding balance (if any), plus
this assessment, will become immediately due and payable. You shall pay all
costs of collection, including legal fees, incurred by Fidelity Assets. Unless
and until such time as You cancel Your service in
accordance with Fidelity Assets'
cancellation policy as defined in these Terms of Service, You affirm that
Fidelity Assets is authorized to obtain payment from You through the selected
payment method. All fees are quoted and payable in
Credit / Debit Card Authorization. You agree to pay all owed amounts via credit / debit card. Fidelity Assets accepts Visa, MasterCard, American Express, and Discover. By submitting credit / debit card information to Fidelity Assets, You authorize Fidelity Assets to submit financial transactions to Your issuing bank for settlement on a monthly recurring basis for charges due. You will be responsible for all fees assessed against Fidelity Assets arising from any chargebacks that are made by You.
TERMINATION
Fidelity Assets may terminate Your service at any time for any reason, including if You are in default of Your agreement to comply with these Terms of Service, if You have not paid the fees due, if You, or are not meeting the minimum service standards. You may cancel at any time by providing written notice to Fidelity Assets. THERE ARE NO REFUNDS UPON TERMINATION. Upon receipt of Your written intention to cancel Your subscription, Your campaign will continue to run until Your guaranteed clicks have been fulfilled. At that time, Your Full Month Pre-Pay will be applied to Your balance, bringing Your balance current, and Your campaign will be terminated at that time. Once You terminate Your monthly service, You will have to open a new Neighborhood SEM account if you would like to resume services.
E-mail written notice to notify@FidelityAssets.com or mail
it to Fidelity Assets,
INCORPORATION BY REFERENCE
Every Neighborhood SEM customer is subject to these Fidelity Assets Terms of Service in their entirety, and the entire Fidelity Assets Terms of Service applies to the Neighborhood SEM service and each user of the Neighborhood SEM service.
All rights not expressly granted herein are reserved.