Last Modified: 12/27/2019
BY CLICKING "I AGREE," YOU HEREBY AGREE TO THE TERMS SET FORTH IN THIS CUSTOMER AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY, AS IT IS LEGALLY BINDING UPON YOU.
This Customer Agreementis entered into by and between You ("you" or "Customer") and Velocity REOs, Inc. DBA Velocity Field Services, DBA BPO Photosets.com("Company," "we," "us," or "our"), a Florida corporation with a mailing address of P.O. Box 110425, Lakewood Ranch, FL 34211. The following terms and conditions, together with any documents they expressly incorporate by reference, governs your use of Company’s Services.
Company provides photography services relating to real estate to assist in, but not limited to, real estate evaluation, construction load inspections, disaster inspections, rental/vacation verifications, occupancy checks, quality control inspections, as well as other real estate related services. Company also provides photography services relating to, but not limited to, automobile evaluation/inspection, motorcycle evaluation/inspections, RV and camper evaluation/inspections, marine evaluation/inspections, and air craft evaluation/inspections. All services are hereinafter referred to collectively as the "Services."
Full descriptions of all of our Services are available on www.BPOPhotoFLow.com. It is the sole responsibility of the Customer to select the correct Service order. No changes or substitutions can be made to the selected Service order. Customizations to the Services may only be made, in certain circumstances, which are outlined on the "Place an Order" page under the "Custom" tab.
Use of our Services
Company gives you, the Customer, permission to use our Services within certain guidelines. You are responsible to ensure that:
- You will never attempt to change any part of our predefined Services.
- You will not borrow, rent, sell or share your Customer information with any third party.
- You will not use our Services for marketing purposes.
- You will not disrupt the service in any way that may disturb the use and enjoyment of other Customers.
- You will not break the law while using our Services, or use our Services for illegal purposes
- You will not disrespect, bully, stalk or threaten other customers through our services, nor will you dox any other Customer information (illegally copy, source, post or use personal information from any of our customers).
- You will not misrepresent yourself in any way. You will not pretend to be another customer, company or a representative of Velocity REOs, Inc.
- You will not use robots, spiders or any mechanical devices to gather information or email addresses from other customers. Company further reserves the right to terminate a Customer’s account for unprofessionalism, which shall be determined at Company’s sole and exclusive discretion.
If a you violate any of these conditions, Company will immediately restrict access, without prior notice. Company reserves the right to terminate our Customer relationship for any reason.
The Company hires Field Agents to provide the Services to Customers. Customer understands that Company’s Field Agents are not certified inspectors nor does Company claim that its Field Agents are real estate professionals. Company makes no statement to this effect. Any personal information pertaining to Company’s Field Agents that may be offered is purely opinion and speculation based.
Customer Communication with Field Agents
All communications with Field Agents must be done via the online message center. Customer is not allowed to communicate directly with the Field Agents and Company reserves the right to terminate our relationship if we find that you are communicating directly with a Field Agent outside the message center.
Customers are explicitly not permitted, under any circumstance, while using or through the use of any of our Services, online, by telephone, or in person, or through obtaining Field Agent contact information from or while on our Website, telephone or in person, through any type of false identity while on or by using our Website, by telephone, or in person, or by any other means that is in any way in connection with, or while doing business with Company, or through any contact, access or information obtained from, or while doing business on our Website, or by telephone, or in person from or with Company to directly hire, retain, or solicit in any way any of our Field Agents. If Company determines that a Customer has hired or used our Field Agents directly, Company reserves the right to terminate any ongoing Services, not provide any refunds, and refuse to provide further Service to Customer.
Service Request Protocol
To create an order for a Service, Customer must enter the following information into the appropriate channel:
2) Time Frame.
- The complete address of the property to be serviced must be supplied, including the city, state and zip code.
- If an incomplete address is entered, the request will not be accepted and no service will be provided.
- We cannot provide service to an address which cannot be located via GPS systems or Google Maps.
- Written directions or tax records to prove property address validity will not be accepted.
- Customers may select a time frame within which they need the work completed.
- Rates may be higher based on the service and time frame selected.
- Please note that Company does not offer time frame selection for weekend and holiday Services.
Below are the time frame options available:
- Standard orders will be completed the following business day if entered before 10 a.m.
- Weekday Rush orders are completed within 24 hours.
- Super Rush orders can be completed within 6 hours, if the order is placed BEFORE 11 a.m on a weekday.
3) Services Offered.
- We can only provide the Services which are listed on the Customer Add an Order page. Any other Services are out of our scope of expertise or our Field Agents do not possess the required skills.
- The listed Service work orders cannot be changed or added to.
4 Point of Contact Information.
- Client Point of Contact (POC) information, if required, must remain in the comments section when placing an order. This is necessary so that a Field Agent can reach the POC with questions or clarification if needed.
- It is Customer’s responsibility to ensure that the POC is correct and kept up to date.
- Field Agent will attempt to call the POC a maximum of three attempts - Once every 24 hours. If not able to schedule an appointment within three attempts, the order will be cancelled with a $3.00 administrative surcharge.
5) Secured Locations.
- Accurate access information for lock boxes, gate codes or security doors must be provided in the order comment section, when required for our Field Agents to obtain entry to the property.
- A credit of $4.00 may be issued if the Field Agent cannot access a property due to missing or incorrect information. No additional credits will be issued.
6) Other Instructions.
- Any other related instructions must be clearly provided in the comment section of the order.
- If the Field Agent cannot complete the work order due to miscommunication or lack of necessary information from the Customer, no credits will be issued.
- When placing a order, Customer may not add or change the existing photos within the work order.
- The Client is responsible for selecting the proper Service which is needed.
- If the wrong service was chosen by the Customer, and the Field Agent completed that order, the Customer will be responsible to pay for the Services rendered.
- After an order is created, Company will prepare the order for dispatch. Once the order is completed, the Customer will be notified via email and images will be available in the order under Order Details. An order cannot be changed or cancelled once it has been accepted by a Field Agent.
Exclusions to Timely Performance by Company
Company cannot be held responsible for failing to meet time frame deadlines due to any of the following reasons:
- Incorrect information given by the Customer.
- Inclement or dangerous weather.
- The occurrence of a national crisis.
- The occurrence of an Act of God.
- Generally unsafe conditions.
If Customer no longer needs our services, due to a delay for any of the above reasons on a Rush Request, then our fees will be waived. Standard rates for non-rush services will still apply in these cases.
The cost of each service is provided on the "Place an Order" page from the "Orders" tab, under "Choose the Service". Company provides the Customer with a full cost breakdown of the Service fees selected prior to you placing the order.
All Company pricing is subject to change without notice. Company reserves the right to make changes to prices and Services offered at any time. Prices are not subject to change once an order has been placed.
Our rates may vary based upon the quantity of orders and the labor involved to support Customer.
Prior to Company being able to service Customer orders, we must have complete payment details. Payments may either be made up front for the Service requested, or Customer may have Company keep its payment details on file so that Company charge the card after services are rendered. Customers must spend at least $100 in orders or more per month. All other orders must be paid in full at the time of payment. If Customer’s credit card is declined for any reason, a $15.00 collection fee will be charged per each failed attempt.
Company takes protection of its intellectual property seriously. Company will not tolerate any unauthorized use of copyrighted or trademarked materials. If a Customer is found using any materials which they are not licensed to use, or without the express written permission from the creator to use, Customer’s access will be terminated.
Company will store all photos taken for up to 30 days from the day the order was completed. After the 30-day period has ended, the images will be deleted from our system and will be unrecoverable.
Videos are stored for up to 7 days from the day the order was completed. After the 7-day period has ended, the images will be deleted from our system and will be unrecoverable.
Company offers a variety of Services related to exterior photography to suit our customer’s needs. Please be advised that Field Agents are not allowed to trespass on private property. If there are trees, fences, or other objects which obstruct a clear view of the house or property Company will take the best possible photos under the circumstances, without trespassing or intruding on private property. Field Agents will never enter onto a property without the express consent of the property owner, authorized property owner representative, or resident of the property.
If the service property is a vacant lot (properties without a house/building constructed on it) then Company will provide pictures of the vacant lot property, as well as both sides of the street (right and left) and any nearby street signs.
If the Service is for taking photographs of a property located within a gated community, or the community itself, Company will include pictures of the closed gate, the community sign (if one is within view), and pictures of the other side of the street.We will not allow any Field Agent to follow cars into the gated communityor otherwise access any other gated community unless they are provided with an access code or accompanied by the POC.
Orders Made Under Dispute
Certain situations occur where Customer will hire Company to provide Services due to issues with the property owner (i.e., a Broker’s Price Opinion "BPO"). Company is hired because Customer is unable to deal with the property owner. When situations like this are not disclosed to Company, it creates a potentially dangerous situation for Company and its Field Agents. Therefore, when this kind of situation arises, Customer acknowledges and agrees that Company, in its sole and exclusive discretion, shall be permitted to terminate Services and Customer shall not be entitled to any refunds whereby Companys Services were procured due to a contentious relationship between Customer and homeowner.
Meeting with Point of Contact
The name and contact information of the Client Point of Contact (POC) must be entered in the comment section of the order. The POC is responsible for meeting with our Field Agent at the property to provide them with property access (for example gate or lock box codes or house entry keys for interior shots). Please select your POC carefully. If a POC is needed to assist our Field Agent and they are not available at the designated time a fee may be charged to the Customer. If the POC does not show up for a scheduled appointment to assist with property access for the Field Agent, then the Field Agent will only take the requested exterior photos and leave. If the Field Agent cannot locate the lock box or code box, the POC may be called upon to assist in finding it. A partial credit of $4.00 may be issued to the Customer if there was a lockbox or a code box at the property, but it was not plainly visible to the Field Agent.
The following approximate photo sizes are available to our Clients for their orders:
- 640x480 pixels
- 800x600 pixels
- 1120x840 pixels
- 1280x960 pixels
Except as otherwise set forth in this agreement, Customer acknowledges the Services purchased and performed are furnished as-is, where is, without all faults and without warranty of any kind, express or implied, including any warrantee of merchantability or fitness for a particular purpose.
Limitation of Liability
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors totalliability for damages of any kind, under any legal theory, arising out of or in connection with your use of the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, exceed the amount of the Services ordered.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Waiver and Severability
No waiver by the Company of any term or condition set out in this Customer Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Customer Agreement shall not constitute a waiver of such right or provision.
If any provision of this Customer Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
Governing Law and Jurisdiction
All matters relating to this Customer Agreement or Website Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Customer Agreement, the Website, or the Website Terms and Conditions
shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the County of Manatee,although we retain the right to bring any suit, action, or proceeding against you for breach of this Customer Agreement in your county of residence or any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, subject to the mediation and arbitration provisions below.
Covenant to Mediate
Company and Customer hereby agree and covenant to submit all claims, controversies, differences, demands or causes of action relating to or arising out of this Customer Agreement to mediation to be conducted by a mediator mutually agreed upon by the Parties, prior to commencing an action or arbitration of the dispute. If the Parties shall not be able to agree upon a mediator within ten (10) business days of deposit of a written notice of demand for mediation by any Party on the other, the mediation shall be referred to the Boca Raton, Florida office of the Judicial Arbitration and Mediation Services (JAMS) to be conducted in accordance with its commercial mediation rules then in effect. The cost of the mediation shall be shared equally by the Parties to the mediation.
Confidentiality of Mediation
Any mediation arising under this Customer Agreement is to be considered settlement negotiations for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence at arbitration or trial.
If the Parties have been unable to resolve any claim, controversy, difference, demand or cause of action relating to or arising out of this Customer Agreement through the mediation as provided by subparagraph (a), either Party may submit the matter to arbitration. The arbitration shall be administered by JAMS in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The cost of the arbitration is to be borne by the Parties as the arbitrator directs.
Enforcement of Covenant to Mediate/Arbitrate
This paragraph, including the provision for mandatory mediation, is deemed an arbitration clause for the purpose of enforcing compliance therewith. Any Party may seek compliance with the provision by petition to any Florida court of general jurisdiction. The prevailing Party in any proceeding to enforce these clauses is entitled to the court’s order for payment of attorneys’ fees and costs in connection with the proceeding.
The Customer Agreement coupled with the Terms and Conditions constitutes the sole and entire agreement between you and Velocity REOs, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Velocity REOs, Inc.
P.O. Box 110425
Lakewood Ranch, FL 34211
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