Terms Of Service: RPM PRO - Rentals Property Management Software

NOTE: RPM PRO is a software / product name of the proprietary property management software owned by BOXTONS Ltd. "BOXTONS Ltd" may be reffered to as "RPM PRO" on this page. All terms and conditions on this page are legally binding.

RPM PRO PRIVACY POLICY

In an effort to protect our clients’ and site visitors privacy and rights, RPM PRO has established a Privacy Policy which explains what information we gather on visitors and what we do with information that we gather. This Privacy Policy governs the manner in which RPM PRO collects, uses, maintains and discloses information collected from users of this Web site (each, a “User”). You can view our privacy policy by clicking here or by using the menu on the right.

RPM PRO ONLINE PROPERTY MANAGEMENT SOFTWARE

RPM PRO is an online, cloud based rentals property management software. RPM PRO provides software as a service allowing customers to do such tasks as but not limited to, manage properties, tenants, guests, owners, housekeepers, billing and provide automation to assist the Customer in managing both long term and vacation rental properties.

As part of a software subscription RPM PRO provides the Customer

1. Its own dedicated sub domain selected by Customer at time of order.
2. Host the Customers domain name on its domain name servers,
3. Purchase and host a new domain name picked by Customer.

The private cloud is hosted inside the BOXTONS network and is fully managed. More information about this network can be found at: www.boxtons.com

USE OF SERVICES

Trial:
If Customer has registered for a trial use of the Services, Customer may access the Services for the duration specified on the website for no charge. The Service is provided AS IS, with no warranty during this time period. All Customer data may be deleted after the trial period, unless Customer converts its account to a paid Service. At the written request of Customer, RPM PRO will verifiably remove any and all Customer Data and provide Customer with written certification of removal of all such Customer Data within thirty (30) days of written request from Customer.

RPM PRO Responsibilities:
RPM PRO must provide Customer with at least a 99% service uptime over each 1 Month period. Unless during

1. scheduled outages for server updates,
2. unavailability caused by force majeure.

RPM PRO Promises to provide Customer at least 7 days prior notice to any scheduled outages. If RPM PRO does not uphold to its 99% uptime agreement then it will give the customer cost free days to make up for any down time, 1 cost free day will be given for each 3 hours of downtime, unless for reasons stated in clauses above.

Customer Responsibilities:
Customer

1. is solely responsible for Customer Data,
2. must use commercially reasonable efforts to prevent unauthorized access to the Services,
3. and notify RPM PRO promptly of any such unauthorized access,
4. may use the Services only in accordance with applicable law, and
5. may not setup any account pretending to be someone else (or spoof someone’s identity).

Customer Employee and Contractor Access and Use. Customer may allow its employees and certain third-parties (including without limitation, tenants, guests, property owners, housekeepers, service technicians, administrators and board members) to setup accounts and access the Services in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for its employees and each of those third-parties compliance with this agreement.

Support:
RPM PRO customer support can be contacted via email 24 hours a day when emailing support@RPM-PRO.com using the email address linked to the account holder. RPM PRO makes an effort to reply to all customer support queries within 12 hours but cannot guarantee this due to number of support requests. When making a support request please include the following information to speed up assistance:

1. Software install URL
2. Name of account holder
3. In depth explanation of issue(s) faced
4. ID's of related assets such as property ID(s) , invoice ID(s) or booking ID(s)

Restrictions:
Customer may not

1. sell, resell, rent or lease the Services,
2. use the Services to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights,
3. interfere with or disrupt the integrity or performance of the Services, or
4. attempt to gain unauthorized access to the Services or their related systems or networks.

Customizations:
RPM PRO is sold as is. RPM PRO offers free trials for customers to evaluate the software before making a purchase. RPM PRO sometimes offers customizations to tailor the software to a specific customers needs, these customizations are not offered as part of the software and are not charged to the customer unless an agreement is made in writing alongside this agreement. RPM PRO cannot guarantee functionality of customizations and once a software install is customized, the software is, unless stated in another agreement alongside this agreement, not applicable for updates. This is so that customizations are not overwritten by updates. It is not up to RPM PRO to manage or provide support for these specific customizations and the customer accepts these terms when requesting customizations.

INDEMNIFICATION POLICY

You agree to use all RPM PRO services and facilities at your own risk. RPM PRO specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall RPM PRO be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold RPM PRO harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against RPM PRO, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assignees.

BILLING AND PAYMENTS

At this time we bill one time, monthly, quarterly, semi-annually and annually, depending upon the plan and service. Payment for Services are unless otherwise disclosed, invoiced pro-rata, the day of billing is decided by RPM PRO but can be changed by contacting support@RPM-Pro.com We currently accept payment via Credit Card, Debit Card, PayPal and Bank Transfer.

Late Payments:
All accounts are billed pro-rata unless otherwise decided upon between RPM PRO and the customer. If payment for services is not made within 5 days after the invoice due date, your account will be suspended and a late fee will be added of 20% of the invoice total. If you do not make payment within 30 days after invoice due date, your account will be terminated. You will receive constant email reminders from the RPM PRO automated billing system.

RPM PRO Billing System Emails:
The RPM PRO Billing system sends out automatic emails when relevant to you and always at 1200 GMT. The system will send out invoice emails 15 days before the invoice due date. It will then send out a reminder email 1 day before invoice due date. When the invoice is overdue (1 day after invoice due date) you will get an invoice overdue reminder sent to your email, another on the 3rd and 5th day after the invoice due date. On the 5th day after the invoice overdue date you will get a suspension notice and a notice that the 20% late fee was added to your invoice. You won’t receive any more emails until the account termination email on day 30 after invoice due date (These emails will not be sent if the invoice is settled). The system will also email order confirmations, account information, password requests and invoice payment confirmations. If you don’t wish to receive automated emails, please contact support.

Refunds:
Refunds are offered within 30 days of the initial payment for services. This can be done by sending an email from the email address registered as the account holder by the person listed on the payment method used to make the initial payment to support@RPM-PRO.com. The only instance where a refund is not offered within 30 days after payment is if the customer has availed from a free trial and has upgraded to a full version of the RPM PRO software. 30 days after initial payment has passed the customer is no longer entitled to a refund, this counts for all billing periods and subscriptions. We believe that this is sufficient time for a customer to evalue the RPM PRO offerings.

DISCLAIMER:

RPM PRO DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES MAY BE INTERRUPTED OR MAY NOT BE ERROR FREE. ALTHOUGH RPM PRO TAKES REASONABLE PRECAUTIONS TO SECURE THE SERVICE, CUSTOMER UNDERSTANDS THAT RPM PRO DOES NOT GUARANTY THAT THE SERVICES CANNOT BE HACKED.

MUTUAL CONFIDENTIALITY.

Definition of Confidential Information:
Confidential Information means all confidential information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Customer’s Confidential Information includes without limitation all Customer information uploaded, and RPM PRO’s Confidential Information includes without limitation the Services, any customizations, its parts and pricing.

Protection of Confidential Information:
The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.

Exclusions:
Confidential Information excludes information that:

1. is or becomes generally known to the public without breach of any obligation owed to Discloser,
2. was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser,
3. is received from a third party without breach of any obligation owed to Discloser, or
4. was independently developed by the Recipient without use or access to the Confidential Information.

Disclosure Required by Law:
The Recipient may disclose Confidential Information to the extent required by law or court order but, will provide Discloser with advance notice to seek a protective order. RPM PRO will only disclose the limited information required to be disclosed by law or the court order.

PROPRIETARY RIGHTS

Reservation of Rights by RPM PRO:
The software, workflow processes, user interface, designs, know-how, and other technologies provided by RPM PRO as part of the Services are the proprietary property of RPM PRO and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with RPM PRO. RPM PRO reserves all rights unless expressly granted in this agreement.

Customer Restrictions.
Customer may not:

1. is or becomes generally known to the public without breach of any obligation owed to Discloser,
2. Reverse engineer or deconstruct the Services;
3. Remove or modify any proprietary marking or restrictive legends in the Service; or
4. Access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

Customer Owned Data:
All data uploaded by Customer or under any account of Customer remains the sole property of Customer, as between RPM PRO and Customer (Customer Data), subject to the other terms of this agreement. Customer grants RPM PRO the right to use the Customer Data for purposes of performing under this agreement. During the term of this agreement, Customer may only export its data through the report-by-report export feature of the Service in the following format: csv and excel. This export feature may not include every piece of data of Customer in the Service. Additional data requests can be made however RPM PRO reserves the right to charge fee’s to cover costs of database searching to obtain this data.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

EXCLUSION OF CERTAIN DAMAGES. EXCEPT IN THE EVENT OF NEGLIGENCE, RPM PRO IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE SERVICES, EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).

LIMITATION OF LIABILITY:
RPM PRO shall not be responsible for any claimed damages, including but not limited to, incidental and consequential damages, which may arise from RPM PRO servers going off-line or being unavailable for any reason whatsoever. Furthermore, RPM PRO shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of RPM PRO servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to support@RPM-PRO.com. All complaints will be investigated promptly. RPM PRO’S LIABILITY FOR ALL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE ACTUAL AMOUNT PAID BY CUSTOMER WITHIN THE PRECEDING 12 MONTHS UNDER THIS AGREEMENT.

TERM, TERMINATION, SUSPENSION OF SERVICE AND RETURN OF DATA

Service Term:
This agreement continues for the duration specified when ordering the Service, and auto-renews for the same duration, (initial or renewal term, Term), until terminated by: A) Customer at any time within the Service (with no other advance notice required), or
B) RPM PRO with at least sixty (60) days notice to the email address in Customer’s account.

Mutual Termination for Material Breach:
Except as otherwise provided in this agreement, if either party is in breach of any material term of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period. Upon any termination as provided in this agreement, Customer must pay any unpaid fees covering the remainder of the Term. The Services will also be terminated.

Termination of Service:
If Customer desires to terminate the Service, it can do so at any time by logging into the RPM PRO client area and cancelling directly from there, or by contacting support@RPM-PRO.com. RPM PRO has no obligation to retain any Customer Data after termination. At the written request of Customer, RPM PRO will verifiably remove any and all Customer Data and provide Customer with written certification of removal of all such Customer Data within thirty (30) days of written request from Customer.

Suspension of Service for Violations of Law or this Agreement:
RPM PRO may immediately suspend any account or the Service and remove applicable Customer Data if it in good faith believes that, as part of using the Services, Customer or any account may have violated the law or this agreement. RPM PRO may try to contact Customer in advance, but it is not required to do so.

GOVERNING LAW, FORUM AND ARBITRATION

For Customers Located in the United States: This agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any dispute arising out of or related to this agreement may only be brought in the state and federal courts for Boston, MA. Both parties consent to the personal jurisdiction of such courts and waive any claim that it is an inconvenient forum. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.

For Customers Located in Other Countries. This agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. Any dispute between Customer and RPM PRO arising out of or related to this agreement must be determined by binding arbitration in Boston, MA (in English) under the then current commercial or international rules (as applicable) of the American Arbitration Association. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.

CUSTOMER INDEMNITY

Customer hereby indemnifies, defends, and hold harmless RPM PRO against all third-party claims, demands, damages, costs, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to Customer’s use or access to the Service, which includes without limitation any breach of the agreement by Customer or claim related to the Customer Data; provided that Customer is not responsible to indemnity RPM PRO to the extent of any claim of infringement of the Service of a third-party copyright, patent or trade secret.

MISCELLANEOUS OTHER TERMS

Money Damages Insufficient:
Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

Entire Agreement and Changes:
This agreement constitutes the entire agreement between the parties, and supersedes all prior or contemporaneous negotiations, agreements and representations, whether oral or written, related to this subject matter.

No Assignment:
Neither party may assign or transfer this agreement to a third party, except that with notice this agreement may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party.

Electronic Notices:
Customer agrees to receive notices from RPM PRO regarding the Service, and this agreement, from within the Service or to the email address in Customer’s account.

Money Damages Insufficient:
Independent Contractors. The parties are independent contractors with respect to each other.

Money Damages Insufficient:
Enforceability. If any term of this agreement is invalid or unenforceable, the other terms remain in effect.

Money Damages Insufficient:
Survival of Terms. Any terms that by their nature survive termination of this agreement, will survive.

Money Damages Insufficient:
CISG Not Apply. The Convention on Contracts for the International Sale of Goods does not apply.

RPM PRO shall be the sole judge of what violates this Policy.

RPM PRO reserves the right to intervene with any of the sites hosted on its’ network in the interest of its’ customers.

support@RPM-Pro.com

MODIFICATIONS & AMMENDMENTS TO THIS PAGE