Home Rental Suite

Terms & Conditions

Last Revised April 15, 2024

Using our Services is agreeing with our Terms and Conditions so please read the below information before signing up.

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Home Rental Suite offers Software as a Service (SaaS) products by GCMD, LLC, dba Granular Creative Marketing & Design (hereinafter known as GCMD). A Client is the person or organization who purchases a Home Rental Suite product (hereinafter known as Client).

Home Rental Suite provides rental property management software services offered as three products and different price points on a monthly subscription basis. Not all products are offered in all digital ads, landing pages, etc. but all products are available for review on www.HomeRentalSuite.com.

GCMD uses technologies currently available on the market, however, GCMD does not own the technologies or operating systems used to build the Home Rental Suite products, which are offered as Software as a Service on a subscription basis.

Free Trial: GCMD may offer Clients a Free Trial period enabling Clients to try out the Website + Ops and Communications Hub at no cost until the trial expires.  The Client will be asked for their contact and billing information to start the trial. Once the trial has expired, Clients will be charged the monthly rate associated with their selected product.

GCMD reserves the right to change or cancel the Free Trial offer at any time, at its sole discretion.

Subscription Payments: All payments will be made by credit card or debit card and automatically charged to the Client’s credit/debit card account monthly based on the Client’s subscription choice, number of units and staff members with accounts.
 
Should the Client’s payment fail to be processed, the Client’s account may be suspended. The Client will be notified of the payment failure via email and will have up to 7 days to update their billing information. After 14 days of non-payment, GCMD reserves the right to close the account. GCMD will not be held responsible for any Client data lost due to non-payment.

DYI Training: Training may be provided by GCMD to the Client to enable the Client to set up their Website + Ops and Communication Hub themselves. This training may be provided in the form of online classes, emails, and phone or video calls, While the online classes are available 24/7, emails and phone/video calls are only available between 9 am and 5 pm, Monday thru Friday Eastern time.

Setup and Fees:  GCMD  may charge the Client a setup fee for assisting the Client in setting up the Website + Ops and Communications Hub and making them operational.

If the Website / Operations product is selected, account “setup” may include uploading business data to the account (legal name, phone, address, social accounts, etc.), gathering and uploading rental property information via CSV file and images, adjusting branding (logo, colors, and branded content), and related data. GCMD may provide Excel worksheets as templates for data uploads.

If the Communications Hub product is selected, account “set up” may include gathering and uploading business data to the account, setting up phone and texting services for up to two phone numbers, connecting one pre-purchased domain for email service, website, landing pages, etc., setting up the reviews tool, connect to a pre-built Google My Business page and Google Ads account, set up to staff member accounts with signature block, setup to personal or business calendars, and upload one customer list saved in CSV format where the column names match the field names, one logo graphic saved in the media files for emails, signatures, invoices, etc.

The Client is responsible for connecting social media channels for use with the Social Media Planner or in social media buttons in email campaigns, etc.

If the Client purchases both Website + Operations product or Communications Hub products, then all of the steps above apply.

Our Guarantee: If the Client chooses to set up their Website + Ops and Communications Hub accounts themself and need assistance with the initial setup to make it operational, GCMD will provide them unlimited assistance until the setup is complete.  If the Client requests additional work beyond the initial setup, an additional fee may be charged and will be outlined below under Custom Work.

GCMD will also provide General Support to Clients Monday through Friday, 9 am to 5 pm Eastern time. GCMD reserves the right to change or upgrade General Support services in the future, at their sole discretion.

Custom Work - Design and Setup:  The Client may request GCMD set up their Website + Operations product or Communications Hub product accounts for them for a fee based on the volume of data, written content, images, adjustments, etc. the Client requires.

If the Client would like the Website + Ops product or Communications Hub product set up for them or they would like custom work beyond that outlined above, then a separate proposal may be required A custom price will be provided to the Client by GCMD with a 50% deposit required before work commences. The final payment will be due before the Website + Operations launch or the Communications Hub is turned over to the Client.

Product Level Changes: The Client may request changes in the product they subscribed to receive. The Client should contact support@gcmd.agency or complete the Support Request Ticket within their Communications Hub account to request a change. Any upgrades will be billed at the higher product price on the next billing date. A prorated fee may be incurred and charged to your credit or debit card to cover the product upgrade cost through to the next billing period. Conversely, if a product is discontinued in the middle of a billing cycle, it will be available for use until the billing cycle has ended. A refund will not be given to the Client.

Refunds:

If a product is discontinued in the middle of a billing cycle, it will be available for use until the billing cycle has ended. A refund will not be given to the Client.

Home Rental Suite Communications Hub

Phone/Text/Email Service Fees: Each product level comes with the ability to use phone/text services at no additional cost. If you exceed that limit, each additional phone call or text you send during the month is 0.007 cents. Each product comes with about 475 outbound calls, 780 inbound calls, and 840 text segments per month. Up to 10,000 emails are included. You may be billed separately for any services used beyond these thresholds.

Clients are provided a $25 bundle of phone service credits when signing up. Once the phone service credits are used, the Client will be charged monthly for phone service. $25 bundles of phone service credits is about 1,200 outbound calls, 1,000 inbound calls and 1,600 text segments.

Important Note: On July 21, 2023, a new law Application to Person (A2P) was enacted in the United States requiring all text marketing phone numbers be registered. The registration process is easy completed within our platform. It's required that the first text message a contact receives clearly name the sending individual, company name and language telling the receiver they can stop receiving text message by sending a return message with the word "Stop".

If the Client uses the phone service as a main or alternate business phone service, a voice recording can be saved as an mp3, or wav file then uploaded to the Communications Hub to automatically answer calls. Client phone calls may also be recorded and will include a “recorded call message” at the beginning of the call notifying all parties that the call is recorded.

Voicemail messages will be saved within your Home Rental Suite Communications Hub account under Conversations and Contacts and can be downloaded individually. Bulk download of phone calls is not available at this time. Text messages will also be saved on Home Rental Suite Communications Hub and can be viewed with Conversations or Contacts. Phone and Text usage can be viewed under Settings/Phone/Usage.

Email service can be used “out of the box” or with a pre-purchased domain that can be installed and connected within Communications Hub. Installing the domain will enable the Client to use a custom email address for emails, email campaigns, and for other marketing purposes.

Spam Marketing: The Client will not use the Email or Text/Phone service to conduct Spam emails or Text messages to potential clients. Using Email or Text spam marketing may cause the Client's account to be canceled.

Calendars: The Profile Calendars feature within Home Rental Suite Communications Hub can integrate with Google and Microsoft Outlook calendars. Other Calendar types are available to meet specific needs and can be reviewed in more detail by contacting support@gcmd.agency.

Service Calendars are also available within the Communications Hub and can be used for scheduling personnel for service appointments.
 

Custom Work: Depending on the product level selected (Growth or Up-Scale), custom services may be requested by the Client for workflows/automations, forms, surveys, landing pages, marketing funnels, email campaigns, websites, and more. These services require a Proposal with a Scope of Service and Pricing based our current hourly rate before work commences. Please contact us directly at support@gcmd.agency with any requests for custom work. A 50% deposit will be required to start the work with the balance due when the work is completed as defined by the Scope of Service.

Add-on Services: GCMD offers a portfolio of add-on services that can be bolted onto the Client’s Communications Hub account, including Facebook advertising, Yext online business listings, and other services as they become available. These services can be purchased separately and added to your monthly billing. Many of these add-on services can be set up and managed by the Client. If you would like assistance setting up an add-on service, please let GCMD know by emailing us at support@gcmd.agency.

Training: Each level of Communications Hub includes online training using videos and text to educate Clients on how to set up the service and use it successfully. GCMD will provide the Client with login information via email soon after signing up for any of the Accelerator-Pro products.
 
From time to time, GCMD may provide webinars or “live” online training to help Clients learn more about Communications Hub and to answer questions. GCMD may also email “tips and tricks” to Clients to help educate them about product upgrades and features, offer helpful tips, or answer common questions.

A workshop tailored to a specific Client can be scheduled and conducted for an additional fee. The workshop details and expectations would be outlined in a Proposal before conducting the workshop. Please contact support@gcmd.agency to schedule a workshop.

Technical Support: GCMD will provide technical support for any of the Communications Hub products should a feature or tool not work properly. Please email support@gcmd.agency or complete the Request Support Ticket within the Communications Hub to request assistance. Building out specific workflows or other Client-specific systems is covered under Custom Work.

Termination of Services: To terminate their Communications Hub account, the Client, or their authorized representative, must email support@gcmd.agency to ask GCMD to terminate the account. The data in the account will be available until the end of the current billing cycle for the client to export/download. At that time, the data may be deleted by GCMD. GCMD will not be held liable or responsible for any Client data that is lost or deleted once the current billing period has expired. GCMD will guide the Client on how to download or export data stored on the Communications Hub.

Data Availability Upon Termination: When a Client’s Communications Hub account is terminated, either by the Client or GCMD, all data within the fields can be exported within Contacts by going to Columns and selecting the needed fields so they are displayed on the screen and available for export via the Export tool in the icon navigation bar. Available data includes all contact information, appointments, emails, texts, voice messages, recorded messages, payments, tasks, notes, email marketing campaigns, and related marketing information.
 
Recorded phone calls can be downloaded individually under Settings/Phone/Usage. Bulk downloads of recorded phone calls are not available at this time. At this time, email and text messages cannot be downloaded. Text messages can be viewed under Settings/Phone/Usage.

Home Rental Suite Website + Operations         

Uploading Data and Website Changes: Unless otherwise provided in these Terms and Conditions, the Client is allowed to upload database content via a CVS file with column headers matching the database fields. The Client may update their company contact information, upload their logo, update staff data and images, and replace website images with their same-sized images. The written content may also be updated by the Client. GCMD can alter the website color scheme to match the client’s branding. The Client may not change the template design, reverse engineer or otherwise alter the website template in any way, without express written permission of GCMD. If the website design template is altered by the Client, the Client may be responsible for any remediation costs at GCMD ‘s current hourly rate at the time the incident happened. Such charges shall be in addition to all other amounts payable under these Terms and Conditions, despite any maximum budget, contract price or final price identified therein.

If the Client requests or instructs additional changes beyond the setup mentioned above, a proposal will be required to move forward with the changes. The proposal will include a Scope of Work, pricing, and timeline and will require an authorized signature from the Client and a deposit of 50% to commence work. Work shall not begin on the revised services until a fully signed revised Proposal is signed and, if required, any additional retainer fees are received by GCMD. The final balance will be due when the work is completed. 

Timing: GCMD will prioritize the performance of the Services as may be necessary or as identified in the Proposal and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections, or corrections to GCMD. GCMD shall be entitled to request written clarification of any concerns, objections, or corrections. Client acknowledges and agrees that GCMD‘s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition, or GCMD’s obligations under this Agreement. 

Client Authorization: Client authorizes GCMD to (i) access without limitation Client’s current website to analyze its content and structure; (ii) to alter Client’s website as necessary or desirable in GCMD ‘s sole and absolute discretion for purposes of search engine optimization, and for any other purpose agreed to by Client and GCMD; (iii) upload such pages and content to the Client’s website as GCMD deems appropriate in its sole and absolute discretion for purposes of search engine optimization; (iv) make use of all of Client’s logos, trademarks, copyrights, website images, and similar items to create informational pages and for other uses deemed necessary by GCMD to provide the services subscribed for hereunder; and (v) communicate with third parties as GCMD deems necessary in its sole discretion to perform GCMD ‘s services hereunder, including but not limited to Client’s web designer.

Termination of Website Services: Upon termination of this Agreement, whether the reasoning was due to non-payment or the Client’s choice to end the contract, the Client shall have thirty (30) days from the effective date of termination to move its website to another website host. If Client has not, by the end of such thirty (30) day period, moved its website to a new website host, GCMD shall have the authority and right, without notice to or the consent of Client, to remove Client’s website from GCMD ‘ss server or website hosting service, with no liability to GCMD for such removal.       

If at some point in the future our Agreement ends, and the client wants to move in a different direction, they have the following options for transitioning their website:

1. Clients can contract with another web development company to implement their website with a hosting provider of their choice. If the website is built on WordPress, GCMD will pack up the website files and provide them to the Client’s IT or web developer of choice.
   
2. Clients may export/download any data from their current website via CSV file along with any photos, graphics, videos, etc. they uploaded to the website and own the right to possess.
3. GCMD will provide training to the Client on how to export data and other assets owned by the Client.

Hosting & Email Management: The Client understands that GCMD will host their Home Rental Suite website on our secure server but not manage their regular email service. If a client requires a solution to manage and maintain email accounts (email@domain.com) then they can set that up with their IT provider or GCMD may recommend a provider to configure their email account(s) for them at an additional fee paid to that provider directly.  GCMD, however, may set up a business email through the Communications Hub, if that service is selected and added to a subscription. 

Website Ownership: In the event of termination, the Parties agree that the website data, client graphics & branded content provided to GCMD by the client as a function of this Agreement will be released to the client at no additional charge.  GCMD may assist with data exporting or provide instructions so the Client can download the website data themselves.

Client Acknowledgments Website/SEO: Client makes the following acknowledgments: (i) that GCMD cannot control or exert influence over the policies or operations of any search engine companies or any other third parties regarding the content of the sites that are accepted by the search engine companies or other third parties; (ii) that GCMD will not be responsible for any changes or alterations to Client’s website made by Client or any third parties that negatively impacts the rankings or visibility of Client’s website; (iii) that because the results of the services to be provided by GCMD hereunder depend upon a number of factors outside of GCMD ‘s control, GCMD cannot guarantee the results of its services to Client; (iv) that because the utilization of certain keywords and key phrases are very competitive, and because search engines are constantly changing search engine ranking algorithms, GCMD cannot guarantee that Client’s website will achieve the highest search result position in any search engine or consistent search result positions in the top rankings; (v) that certain search engine companies may affect the rankings of new and/or unproven companies (for example, “sandboxing”); (vi) that search engines will, from time to time, drop listings without specific causes; and (vii) that while GCMD shall use commercially reasonable diligence to promptly submit and/or effect a change in rankings of Client’s website, some search engines may take several months or longer to list and/or effect a change in rankings.     

Client Representations and Warranties: Indemnity: Client represents and warrants to GCMD the following: (i) that Client owns the URL listed on this Terms and Conditions; and (ii) that Client owns or has the absolute and unrestricted right to use and to grant to GCMD the right to use all graphics, photos, designs, intellectual property and artwork, and any element or elements thereof, that Client furnishes to GCMD. Client indemnifies and holds harmless GCMD and GCMD‘s owners, officers, directors and employees from and against any and all liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees and costs incurred at trial, appeal or other legal proceeding) arising out of or with respect to any breach by Client of any of the foregoing representations and warranties, or the breach of any representations and warranties contained elsewhere in this Terms and Conditions, and/or the failure by Client to comply with any covenant of Client contained in this Terms and Conditions. If Client is a company, the individual signing this Agreement represents and warrants that the execution of this Terms and Conditions has been authorized by all necessary action of the Client, and that the undersigned has full authority to sign on behalf of and bind the Client hereunder.

Governing Law/Arbitration: These Terms and Conditions shall be governed by and under the laws of the State of Maine without regard to conflict of laws principles. Any controversy or claim arising out of or under, or relating to, these Terms and Conditions, including but not limited to authority to accept these Terms and Conditions, contract formation issues, fraud or the breach of any provision hereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Liquidated damages include a breach of contract by either party as outlined under the Terms and Conditions with damages limited to one month’s marketing fees. Notwithstanding the foregoing, in any arbitration hereunder, the arbitrator shall have no authority to award any relief outside the scope of all disclaimers stated in these Terms and Conditions. All arbitration proceedings brought hereunder shall be located exclusively in Cumberland County, Maine.

Miscellaneous: This Agreement may not be assigned by Client without the prior written consent of GCMD which may be withheld or denied by GCMD in its sole and absolute discretion. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. The prevailing party in any suit, action or proceeding (including, but not limited to, an arbitration proceeding) arising out of or in connection with this Agreement, shall be entitled to an award of reasonable attorneys’ fees, costs and disbursements incurred by it in connection therewith. Any failure by GCMD to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. All previous communications about the subject matter of this Agreement, either oral or written, are hereby abrogated, and withdrawn, and this Agreement constitutes the entire Agreement between Client and GCMD about the subject matter hereof. No terms, conditions, understandings, or Agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by both Client and GCMD There are no third-party beneficiaries of or to this Agreement or any of the provisions hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. Any signature to this Agreement that is transmitted by fax or email transmission shall be considered an original signature for all purposes. It is the intent of the parties hereto that all provisions of this Agreement shall fully be enforced as possible. Accordingly, if any arbitrator determines that the scope and/or operation of any provision of this Agreement are too broad to be enforced as written, the parties hereto intend that the arbitrator should reform such provision to the minimum extent necessary to render such provision enforceable. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, and not subject to reformation, then such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision was never a part of this Agreement. The rule of construction that an ambiguity in a contract will be construed against the drafter is hereby waived by both parties hereto.

Force Majeure: GCMD shall not be liable for, nor considered to be in breach under this Agreement due to, delay or failure to perform under this Agreement as a consequence of any conditions that are beyond GCMD’s reasonable control after exercising commercially reasonable efforts. 

Home Rental Suite by GCMD

367 Main St., Suite 1

Westbrook, ME 04092

Email: Support@gcmd.agency