Terms of Service

HoopJumper Terms of Service: iHomefinder clients: Updated January 1, 2010

These Terms and Conditions apply for all HoopJumper clients using the iHomefinder IDX service. Original terms and prices apply for the six month period following launch of new site. New Terms and Conditions will be posted on the Terms and Conditions page when updated.

Website Design Policy:
HoopJumper will design and create your website based on your completed questionnaire, your supplied documentation, images and HoopJumper’s own proprietary system. Under this contract, you have three (3) months from date of purchase to finish your website’s setup, during which time we will make all reasonable changes and revision requests to your custom artwork. If you are unhappy with the first draft of your custom artwork, we will gladly develop a second draft. Any drafts requested beyond the second draft will incur additional charges. Your satisfaction will be evidenced by your written approval of proofs.

Monthly Maintenance Fees:
Upon written approval (or after three (3) months from purchase date whichever comes first), this contract is fulfilled and your website's Monthly Maintenance fee including hosting will commence at that time. Refunds: If for any reason, you cancel this contract before work has begun, you may receive a full refund by sending a written cancellation notice to HoopJumper within three (3) days of the date of purchase.

Refund Policy:
Any refunds requested back to a credit card will incur an 8% credit card processing/refund fee. After three (3) days – before work has begun – all cancellations will be subject to a 25% administration fee to cover the overhead costs of having professional designers available to you based on this contract. After thirty (30) days, or upon receipt of your questionnaire (whichever comes first), no refunds in any amount will be given. If after three (3) months from the date of purchase you have not returned your completed Website Questionnaire to HoopJumper or have failed to respond to requests for information and/or approval this contract will be consider completed and no refund of any amount will be given. Sorry, after work has begun, no refund of any amount will be given. Monthly Maintenance fees paid a year in advance will be subject to a pro-rating of our regular monthly fee at the time of cancellation x months used + 8% processing fee, deducted from the rate charged for the full year. A partial month will be counted as a full month.

Not Included:
Unless otherwise specified, the price of your website does not include photography, writing of a personal biography, personal logos, or monthly Internet Hosting and maintenance.

Estimated Time for Creation:
Your website is completed in the order received. You will receive your first rough draft approximately 4 to 6 weeks from the date we receive your completed questionnaire and delivery of needed supporting documentation and digital images.

Copyright:
The HoopJumper copyright appears on all websites produced. HoopJumper reserves the right to use all websites created hereunder for its own promotional use or that of its Affiliate Resellers. Copyright: 2010 HoopJumper. All rights reserved.

Pre-Approval:
While in its “design” stage before you have approved your site, you will have access to view your website in a secure area not visible to the public. Your new website will not be available to the public for viewing (“launched”) until you have faxed HoopJumper a signed approval form stating that all work has been completed to your satisfaction thus completing the “design” or "setup" portion of the contract.

Post-Approval:
After your site has been approved and launched, any further revisions may incur a fee. When HoopJumper has made your final revisions, your packaged promotional monthly hosting period (if any) will begin within 7 days.

Website Hosting and Monthly Maintenance Fee policy:
Hosting officially commences on the first business day following submission of your approval form and runs in 1 Month increments and is included in the Monthly Maintenance Fee stated at the time of the contract. If the beginning of hosting begins anytime after the first day of the month, the client will be charged for the entire month’s Maintenance Fee unless the client in writing requests a pro-rated month fee before any charges are made. The Website Monthly Maintenance Fee (which includes hosting) will be charged monthly on your credit card on the 28th day of the month for the month ahead. The rebilling date could change at any time and may run earlier if the rebilling date falls on a weekend, holiday or other reason. In the event of non-payment for any reason, you will be notified by email of an impending shutdown of your Website hosting and email service. At the end of your notification period, if payment has still not been received, your account may be suspended until payment is made. HoopJumper assumes no liability for any business lost attributed by the client to their website or email service. Monthly Maintenance fees are locked in for a period of 6 months.

Supplemental Surcharge Policy:
HoopJumper reserves the right to charge a supplemental surcharge should usage become excessive and a drain on system resources.

As a separate matter, a client’s MLS/IDX feed account using the iHomefinder system is subject to iHomefinder’s rules and regulations. IDX Usage Limits: The iHomefinder IDX Usage Limit is defined as Total Property Searches + Total Email Updates Attempted + Total Featured Properties Page Views per month. (Use of Administrator and other iHomefinder functions not included). The Usage Limits typically impact less than 1% of users. Your Standard Agent Account includes a Usage Limit of 5,000 per month. Extra Usage Blocks beyond that are charged at $5.00 per block of 1,000 (or any portion of). 1 MLS Board is included with each Standard account unless specifically stated otherwise. Each extra MLS Board (with an additional usage block of 2,500) is charged at $25 per month per board. Any extra Usage fees accrued by the end of the one month period will be charged to the credit card on file.

Outage Policy:
HoopJumper understands that client’s Website and Email service are integral to the operation of your business and have done everything possible to ensure that your service continues uninterrupted. Sometimes a virus or a malicious act perpetrated on the Internet may cause your email to run slow for a period of time. In this instance, client will not hold HoopJumper liable. In the unlikely event that a client’s Website is not being served up to the Internet by HoopJumper for a period of more than 2 business days, client will be compensated with one month of hosting to be added on at the end of their current term upon request of client with no further compensation. Request for compensation must be made within 1 month of incident.

Cancellation:
Cancellation of your web site hosting must be by 5:00 PM Pacific Time on the 27th of the month or you will be charged for another month the following day with no refund.

Community Information:
When gathering data for a client’s local area, there will be a “discovery” phase where the client agrees to make available someone (including themselves) to supply requested Community information and images. All Community content will become the property of HoopJumper to enter in its permanent records and client releases all claims to it.

Search Engine Placement:
Although HoopJumper has provided many tools to help you get optimal Search Engine placement, we cannot guarantee Search Engine placement or results. HoopJumper assumes no responsibility for your placement on search engines, nor do we guarantee leads or sales. Search engine strategies are based on available information at the time given, but are not guaranteed. Good search engine placement involves active participation from the website owner using a variety of strategies, of which your website is an important component.

Your Domain Name(s):
All fees regarding the renewal of your domain name(s) are entirely the domain owner’s responsibility and not that of HoopJumper. In the event of non-payment of your domain name’s yearly registration fee and suspension of the use of your domain name, it is understood that HoopJumper is still hosting your website in good faith and our Website hosting duties are still ongoing regardless of if your domain name is still pointing to our server, and website owner is still responsible for Maintenance fees.

Venue Stipulation:
In the event any action is commenced to enforce the obligations of the parties under this agreement the parties agree that such action be venued in the county of Orange, California.