Terms & Conditions

MarketPoint 

Thank you for selecting the services offered by OnePoint Solutions, LLC (OPS).  Review these Terms of Service (“Agreement”) thoroughly.  This Agreement is a legal agreement between you and OPS.  By accepting electronically (for example, clicking “I Agree”), accessing or using the Services, you agree to these terms.  If you do not agree to this Agreement, then you may not use the Services.

You are subscribing to MarketPoint, either as our turnkey or private-label platform, which provides a public-facing website that gives employees or members of client organizations access to real estate and related services. To expand your offerings and launch quickly, you may also activate national lending and moving services through OPS partner relationships on your website. These service providers contract directly with OPS, and OPS collects lead fees and other marketing fees. OPS has negotiated discounts with them and requires them to provide a dedicated customer service team. If an OPS supplier agrees, the Subscriber may also enter into a direct lead generation or marketing services agreement with that supplier and receive revenue for the business referred.

1.      Access Rights and Users: 

OPS grants the Subscriber access to a managed, non-exclusive, non-sublicensable, and non-transferable license to use the MarketPoint platform during the term of their subscription for the purposes set forth herein, in accordance with this Agreement and all applicable laws, rules and regulations.

Subscribers of MarketPoint are given the right to use the website to deliver an affinity marketing and/or relocation services program to their client organizations.  The Users of the website are the employees or members of the subscribers enrolled client organizations.  There is no limit to the number of client organizations the subscriber can enroll, or the number of registered Users.

The website includes national vendors such as lenders, movers, and hotels.  The subscriber has the right to customize the selection of vendors offered to each client organization.  The subscriber has the option to add content for an additional fee such as an agent profile page and hyper-local businesses, and/or their own vendors and content.

2.     OPS’ Responsibilities:

  • Website hosting, maintenance, and upgrades.

  • Subscriber onboarding – review the affinity web site, services and content options.  Review the client enrollment form and addition service and training options.

  • Website administration – edit current content, enroll new client organizations, and create their custom portal. 

  • Vendor Management – Maintain the relationship with our vendors, confirm incentives and manage their website pages.

3.     Subscriber Responsibilities:

  • The subscriber must enroll each individual client organization with OPS in order to track activity enrolled client organization.

  • You may offer clients access to a generic portal that can be shared by many. The portal does not feature a client co-branded welcome page, customizable suppliers or content, or lead routing.

  • You may offer clients a co-branded customized portal that displays the client’s logo and option to customize the suppliers and content offered to their employees or members, and customize lead routing.

  • Submit the client Enrollment form and include the required information for OPS to create your client’s custom or generic portal.

  • If custom content is needed, the subscriber will provide OPS with approved copy and graphics. 

  • Receive and respond to all email and phone inquiries from the employees or members of their enrolled client organizations unless subscriber has engaged OPS to provide the customer service.

  • Ensure the User receives their real estate rebate if a rebate is offered.

4.     Ownership:  

OPS shall always retains ownership of the OnePointAdvantage.com web site and content provided on the site. 

Subscribers shall always retains ownership of the Subscriber’s enrolled client organizations and the register users.  They will also retain ownership of any custom content.

5.     Liability and Indemnification: 

OPS shall indemnify, defend, and hold harmless the Subscriber, and its directors, officers, employees, and agents against any claim that the technology underlying the OnePointAdvantage.com web site (excluding third party software) infringes a United States copyright, trademark, issued and valid patent, or other intellectual property right of a third party (except for those claims for which the Subscriber is required to indemnify OPS, below). OPS shall not indemnify the Subscriber nor be liable for any claims hereunder if the finding of infringement is based on: (i) any misrepresentation by the Subscriber; (ii) the Subscriber Content, (iii) the combination, operation, or use of the OnePointAdvantage.com website with hardware, data, software, or technology not in conformance with this Agreement; or (iv) modifications to OnePointAdvantage.com website, if such modifications were not made by OPS or were not in accordance with the Subscriber’s directions or instructions.

The Subscriber shall indemnify, defend, and hold harmless OPS and its directors, officers, employees and agents against any claim or action brought against OPS by or on behalf of any End Users or by or on behalf of any other person or third party if such claim or action arises out of the use of the OnePointAdvantage.com website, the Subscriber Content (including any claims regarding a copyright infringement arising from or related to the Subscriber Content), or User Data, to the extent such use is not in accordance with the terms of this Agreement.

Fees charged by vendors for use of their services shall be paid by the employees or members using them.  Neither OPS nor the subscriber will be liable for fees owed to vendors for services booked by the employee or member of client organizations, nor will OPS or the Subscriber assume any legal responsibility for service providers’ negligent acts or omissions.

6.     Warranties: 

OPS and the Subscriber each represent and warrant to the other that:

  • they have the full corporate right, power, and authority to enter into this Agreement on behalf of, and bind, their respective Party,

  • the entry into this Agreement, and the performance of the obligations and duties defined hereunder, do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound, and

  • this Agreement shall constitute the legal, valid, and binding obligation of the respective Party.

7.    Subscription Plans and Cancellation: 

Our SaaS platforms are offered as subscriptions. This means you are charged in advance on a recurring schedule, known as a billing cycle. Billing cycles are usually monthly or annual, depending on the plan you choose. Your subscription will renew automatically at the end of each billing cycle.  You may cancel your subscription at any time.

8.     Price Change

OPS may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. OPS will provide you with advance notice to review any change in fees. If you do not agree to the change in fees, you may cancel your Subscription before the change takes effect.

9.     Term, Renewal, and Cancelation

Term:  Subscriptions are offered monthly or yearly.  The term starts on the date the online subscription form is submitted.

Renewing, Changing and Canceling: Subscriber may renew, change or cancel their subscription any time by going to www.onepointsolutions.net, then click the “manage subscription” button in the footer.    

Effects of Canceling:  Upon canceling a subscription, any client organization currently enrolled will be deactivated and a full list of registered users (employees or members) will be downloaded and sent to the subscriber in an Excel spreadsheet.  Any custom content will be removed.

Alternatively, if the subscriber who has enrolled client organizations wishes to transfer the management of their clients to OPS, OPS will update the communication pathway to direct calls and email inquiries to OPS’ customer service center, and take over the management of the client.  The procuring subscriber will continue to receive first right of refusal on all leads in subscribers service location and will be charged a referral fee on transactions closed. OPS will also issue the rebate to the user who completes a real estate transaction with an OPS assigned agent. 

Refunds:  If a subscription is charged monthly and canceled any time prior to the next billing cycle, there will be no prorated refund for the unused number of days remaining in the month.  If a subscription is charge annually, a refund will be issued for the prorated number of months remaining on the subscription. 

10. Publicity

Either Party may disclose the general nature of our relationship to any third party.