Terms & Conditions
Welcome to our terms and fee schedule page. This sets out our fees for the website services we provide so that we are clear on what fees we charge and the terms under which we charge them.
Use of Agentpoint.com.au
Access to and use of ‘Agentpoint.com.au’ and any of our products or services both within the Australia and internationally is provided by Agentpoint Pty Ltd (‘Agentpoint’) on the following terms:
- By using Agentpoint you agree to be bound by these terms, which shall take effect immediately on your first use of Agentpoint.com.au. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Agentpoint.com.au.
- Agentpoint may change these terms from time to time and so you should check these terms regularly. Your continued use of Agentpoint.com.au will be deemed acceptance of the updated or amended terms. If there is any conflict between these terms and specific local terms appearing elsewhere on Agentpoint.com.au then the latter shall prevail.
- You agree to use Agentpoint.com.au only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Agentpoint.com.au.
Agentpoint provide dedicated hosting for all of our real estate agent and non real estate websites. Agentpoint deploy a number of servers both in Australia and the United States.
We offer a 99.9% up-time guarantee on a month to month basis for all of our website hosting. Enforced downtime may be required for servicing, upgrading and maintenance on these servers and this normally falls within the acceptable range.
We have simple fee structures for all clients to make it easy to understand. All fees are per month per office/website
|Website Hosting||Hosting of website||$30.00||Per Month Per Office|
|Website Hosting & Support||Email and telephone support, along with Wordpress upgrades and minor website updates.||$100.00||Per Month Per Office|
Zoo Property Subscription
Zoo Property is the property listing system our clients use to manage their property listings. It is compulsory that all clients who have a real estate website with Agentpoint also need to have at a minimum the basic Zoo Property subscription.
Agentpoint provide a means to transmit your property information automatically across to 3rd party websites. You agree to be bound by the following:
- The property information we submit to 3rd parties is a reflection of the information entered into your account with Zoo Property.
- Agentpoint will never update or change the data in your account (Unless specifically requested via a representative of your agency). All updates in your account are performed manually by users you have granted access to your account or alternatively by automatic data uploads you have enabled from 3rd party CRM systems into your Zoo Property account.
- You are responsible to make sure the property information entered into Agentpoint reflects the truth in relation to your property.
- You agree that you will not hold Agentpoint liable for sending this information to 3rd party websites. If the 3rd party website charges you fees in relation to the listings we send to them on your behalf then you agree that you will not hold Agentpoint liable to pay these fees
- Agentpoint does not control how these 3rd party websites display or use your information. You agree to not hold Agentpoint liable for any issues that arise because of the way these 3rd parties use your information.
|Zoo Property Limited||Zoo Property subscription including use of system and imports of data.||$30.00||Per Month Per Office|
|Zoo Property Unlimited||Zoo Property subscription including use of system and imports of data and unlimited exports of data||$100.00||Per Month Per Office|
|Zoo Property Unlimited + Vendor Access||Zoo Property subscription including use of system and imports of data and unlimited exports of data + vendor access to add/manage properties||$425.00||Per Month Per Office|
Agentpoint have a number of products which have been developed to provide clients with an enhanced online marketing solution. At present these include:
- Mobile Phone Websites
- iPad & Tablet Websites
- Facebook Applications
Annual hosting fees are invoiced during September each year for the forthcoming year. If you decide to stoppaying your annual hosting fees then your Agentpoint product will be cancelled.
|Mobile Phone Website||Website to render in a mobile phone||$650.00||Setup|
|iPad Website||Website to render in an iPad||$650.00||Setup|
|Facebook Applications||Website to render in facebook||$650.00||Setup|
|Annual Hosting||Website hosting, support, maintenance and data management.||$300.00||Annum|
Our email hosting is provided by Google Business Apps. They provide a fully supported product that has online tutorials and support on how to enable it with all devices. That said their configuration is the same as Gmail so it is simple to setup and manage. This will be more than suffice for most customers as it is very easy to understand.
You are supplied with a setup email with your login details on signup. Please keep this in a secure location. You can login at Gmail.com.
|Email Hosting per user||30GB Email account with other Google products||$8||Month|
|Email Setup Fee||One off fee for any client to establish their initial account||$125||Once Only|
|Overdue Invoices||% Monthly Fee for invoices Overdue. Calculated monthly.||2%||%|
Prior to 2014 our email hosting was provided via Netregistry. We no longer offer this service for new clients and for existing clients using it we will be migrating their accounts across to the new Google system as they come on board with it.
Support & Maintenance
Agentpoint routinely provides maintenance and upgrades on all websites we host on our dedicated servers. If you have a support arrangement in placed with your website hosting then we will perform minor updates to your website or bug fixes
For larger updates, or clients who do not have a support agreement in place, or who are hosting their website on a non Agentpoint server then updates/maintenance can be performed at the following rates.
Our warranty for support and maintenance is limited to websites that are hosted on our server. As soon a site is moved away from our server (our controlled hosting environment) then we do not provide warranty or hold any responsibility to maintain the website. If your site is hosted on our server and you allow 3rd parties access via FTP or WordPress Admin rights then Agentpoint also is not liable to maintain the website nor guarantee the warranty of the code regardless of whether you have an existing support subscription with Agentpoint.
If your website code is damaged due to adjustments you or any 3rd party make to the website then Agentpoint is not responsible to correct the code as part of our support and maintenance. At your request we can fix the code and invoice you for the time taken by our developers and designers to amend the problems caused by yourself or 3rd parties.
As we build all sites in the WordPress content management system means we do not own WordPress as it is an open source technology. This means we can’t guarantee your website will not be affected by hackers or 3rd malicious code. As part of our support and maintenance agreement with you we will remove any malicious code but are not liable for any damages this may cause your business.
Most hackers can access to your website via 3rd party plugins that you install on your website. Agentpoint at any time reserves the right to disable and remove any 3rd party plugins we see fit. If these plugins are reactivated and your site is continued to be hacked then we reserve the right to instantly suspend your website without any notice from the Agentpoint server environment.
If you do not have a support package with Agentpoint then we can provide adhoc support as per the rates below:
|Design||Graphic Design Fees||$125.00||Per Hour|
|Development||Software Development Fees||$125.00||Per Hour|
|Consulting||Providing Advice or Web Consulting||$125.00||Per Hour|
|Overdue Invoices||% Monthly Fee for invoices Overdue||2%||% Calculated Monthly|
Website Development, Updates & Browser Optimisation
It is the duty of Agentpoint to deliver a website (and updates) as per the expectations our clients have and the same as what both parties have agreed. All website disputes and expected outcomes will be referred back to the Approved quote to understand exactly what the expectations of the final product should be.
Website Delivery Timeframe
The approved quote outlines an estimated timeframe for delivering a link to your solution on our development server or an update to a live site. There are many factors that impact on the timeframe to deliver a project and some of these are out of our control. We will make every effort to meet the estimated timeframe provided but in some instances this is not achievable.
In the event that we do not deliver the project or provide a link to you within the expected timeframe, you agree that you are not entitled to a refund of your deposit nor are you permitted to end the project without making final payment as agreed to in our quote document.
Refund of Deposit
A website deposit will only be refunded if website development has not begun. Agentpoint will begin website development within 24 hours of a deposit being paid. Whether a full or part deposit is refunded 24 hours after a deposit is paid is up to the discretion of Agentpoint
Website Payment Terms
Agentpoint website payment terms are covered by 3 instalments:
- A deposit of 50% of the purchase price is required to be paid before Agentpoint will begin construction of your website or product.
- The 2nd instalment of 35% of the purchase price will be invoiced 3 weeks after the deposit invoice is sent. This invoice is due within 7 days of the invoice date.
- The remaining 15% of the purchase price is due payable before the website is launched. The invoice will be triggered within 7 days of launch so you can organise payment.
If at the time the website is launched not all development has been complete then the remainder will be performed on the live website.
On completing the signup form with Agentpoint you will enter your credit card details and agree Agentpoint can deduct your credit card for overdue invoices which:
– Are more than 14 days overdue
– Relate to any service or subscription you have with Agentpoint including website instalment invoices or ongoing fees you have committed to.
Development Process & Guidelines
To help streamline the production of your products, you will be granted access to agentpointHUB where your project will be managed from. In agentpointHUB you will be able to monitor the progress along with load documents, create ToDos and have discussions with your Project Manager.
This is a custom designed Project Management system that ties in with our various departments. So once development is complete, full testing is performed for all tasks by our Quality Assurance team before a ToDo (ticket you have created) is closed.
You agree you will use agentpointHUB for all written correspondence with your Project Manager throughout the production process.
At the commencement of the production of your project you have the option to lock in a weekly time for a scheduled phone call with your project manager to discuss your project. Each week during this time your Project Manager will be available by telephone to discuss your project. Outside of this weekly call time, you agree you will not expect your Project Manager to be available by telephone.
Browser, Tablet and Mobile Device Optimisation
Agentpoint warrants that all of our products will work and be optimised in the following browsers Internet Explorer (IE) 9 +, Firefox, Safari, Google Chrome across normal desktop computers.
Most products will work in a mobile or tablet device but will not be 100% optimised. If you require 100% optimisation then you will need to purchase a Tablet or Mobile product or have Agentpoint quote to optimise your desktop product for these other devices.
Agentpoint warrants that all our responsive websites will work and render on the following Mobile and Tablet operating systems and versions: iOS 7 + on Apple devices, iPhone 4 +, Android 4.0 +, ICS +.
Due to restrictions placed on 3rd party applications by Facebook our facebook applications will only work on a desktop device in facebook and also in a browser through a tablet device. Facebook will not allow the applications to work in a native facebook application nor through a browser on their mobile website
From time to time we may grant FTP access to any clients and clients files hosted on our servers to you the client or in house developers. However we reserve the right to deny any requests and any granted requests will automatically null and void any warranties in relation to accessed directories. (Access will NOT be granted if you have outstanding invoices with Agentpoint)
All clients who purchase or subscribe to an Agentpoint product are entitled to receive training for a maximum of 1 hour. Training will be performed remotely via a telephone conference at a time agreed to between the client and our training consultant. Further training can be purchased at a rate of $125 + GST per hour.
We also have a Knowledge Base available to all clients that includes useful Q&As.
Agentpoint provide domain names services for the majority of our clients. This includes maintaining domain names are kept up to date by paying for renewals etc in a timely manner. If we manage your domain names we automatically pay for these domain names within 30 days of renewal. If for any reason you do not want us to make these payments and to have your domain name lapse it is your responsibility to inform us by email.
Domain Name Re-directions
If you wish to have domain names re-direct to websites we can set this up for you for a nominal monthly fee.
|Domain Name||Registration and re-registration fees||$90.00||Per Annum|
|Domain Name Re-Directs||Domain name is setup and re-directed to another service||$10.00||Per Month|
|Domain Sub-Domains||Creation and hosting of sub domains||$10.00||Per Month|
|Overdue Invoices||% Monthly Fee for invoices Overdue||2%||% Calculated Monthly|
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Agentpoint and all content (including all applications) located on the site or any other software or service provided by Agentpoint shall remain vested in Agentpoint or its licensor’s (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Agentpoint software in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Agentpoint software except for your own personal, non-commercial use. Any other use of Agentpoint software requires the prior written permission of Agentpoint.
All plugins designed and developed by Agentpoint are owned 100% by Agentpoint unless otherwise stipulated in writing signed by all Directors of Agentpoint and cannot be used for any other purpose other than connecting to Agentpoint services. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Agentpoint software in any way without express permission in writing by a Director of Agentpoint. This will be a breach of our terms and conditions and copyright.
Database and File Recovery
You can at anytime request that you receive your website theme files and WordPress Database post and page entries from Agentpoint Pty Ltd. There will be a fee assigned to the collection and distribution of these files. All associated fees must be paid in full before we send any files. You must also have no outstanding fees to Agentpoint Pty Ltd or the request will be denied until all arrears are up to date. The files will be delivered in Zip Format. We are not responsible for training and help with using/implementing these files or integrating these files into any new environment. If help is requested then a fee of $125 per hour in a minimum of 30 minute blocks will be also charged and a valid credit card must be produced in advance. We also reserve the right to refuse this request for help.
On certain occasions there may be an agreement in place (via writing) whereby a client has the right to receive all plugin files which power the website. If this is the case then these files will also be included in the Zip File.
Website IP & Ownership
Agentpoint owns the IP to all products we offer. On certain occasions we will provide joint ownership of the IP and technology used for a website product. This must be agreed to in writing and only is limited to the technology located in that WordPress install. Products that are excluded from joint ownership include any multi media products and Zoo Property.
Termination of Agreement
Either party can end their Agreement by providing 28 days written notice (via email) that they’d like to terminate this Agreement. Your Agreement will be terminated when you receive a reply back from our office indicating we have received and are aware of your intentions to leave. If a reply is not received then we encourage you to telephone our office to make sure we have received your email. All sums due to Agentpoint shall become payable in full when termination takes effect.
Adjustments of Agreement
You are allowed to change your package or Agreement with Agentpoint as needed. You must advise in writing before the end of the month that you would like to change your package for the proceeding month. After you have received confirmation from Agentpoint Accounts that this adjustment is valid and we agree to it, then from the next month it will be valid.
News & Updates
We keep real estate offices (and all agents within them) who use (or have used in the past) any of our technology informed about our latest deployments in technology along with the latest in real estate industry online news by automatically subscribing them to our news services from www.agentpoint.com.au. Agents can unsubscribe at any time by clicking the unsubscribe feature at the bottom of any subscription emails.
Credit Card Security Policy
In order to limit outstanding debtors, Agentpoint require you to enter a credit card as security. If an invoice goes beyond 14 days overdue without payment then you agree that Agentpoint can deduct the invoice amount from your credit card without any other consent from you.
Account Suspension Policy
Agentpoint reserves the right to suspend your hosting, support, subscriptions, services and products with Agentpoint if your account is more than 14 days overdue.
All accounts are due within 7 days of invoice.
The invoices are considered to be accepted by the debtor unless they are protested by means of a registered letter within 7 days following the invoice date. No protests or complaints whatsoever shall be honoured after this period. For an invoice you decide to protest you are still required to pay the invoice within our payment terms. Once an Agreement is reached in regard to the protest you will be reimbursed for amounts agreed to.
You are responsible for keeping your accounts up to date. If your account falls overdue, then you will be subject to our Account Suspension Policy as outline below.
Your account will be placed in part suspension automatically and with out notice once it reaches 14 days overdue.
This means that:
- All telephone and email support has been disabled.
- Ceased any adjustments or new development work we are completing on your behalf
- Your access to Zoo Property/Agentpoint has been suspended meaning you can not update your property listings.
If your account reaches 21 days overdue then you will be provided with 7 days written notice via email that your account will be fully suspended. If your account is suspended then all services and products provided by Agentpoint will be placed permanently on hold, meaning:
- Your website will show an Under Maintenance placeholder when the site loads
- Your listings will not be exported to your website or any third party portals
If your account with Agentpoint has been fully suspended then there is a $200 + GST reactivation fee. Your account will only be activated again once all outstanding invoices you have with Agentpoint (including the reactivation fee) have been settled.
While your account is suspended you are still liable for any existing ongoing hosting, support and subscription fees charged by Agentpoint.