Our Billing Policy and End User License Agreement are also available at distressedpro.com/billing/ and distressedpro.com/eula/ respectively. Distressedpro.com Billing Policy Billing (The Short Version) 7 days free on a new pay account.
Distressedpro.com currently offers a free 7-day trial on new pay accounts for the BankProspector System. Nothing will be charged during your trial and there are no hidden fees. Free trials are limited to 1 per customer. Cancel within the first 7 days and you won’t be charged.
If you cancel your account before you are billed, 7 days after your original signup then you won’t be charged. Cancel before the end of your billing cycle and you won’t be charged again.
Once you cancel you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the March 5th every year, and you cancel on the 24th, you’ll still have to pay for that period, but you won’t be charged again after that. In order to treat everyone equally, no exceptions will be made. How do I cancel my account?
You can cancel your account at any time by logging into your account and visiting http://www.distressedpro.com/cancel/ and completing the simple form there. Distressedpro.com is not responsible for canceling your account via email, instant message, site chat, phone calls or any other method of communication. Canceling is extremely simple and self-guided. We do’t accept any cancelation method other than using the very simple cancel form. When will I be billed?
You will be billed overnight at the end of your trial. All distressedpro.com plans are recurring indefinitely unless otherwise specified in order to ensure continued access to your account and data. That means you should set a date in your calendar as a reminder as to when your anniversary or re-bill date is so that you are not caught off-guard. Billing (The Long Version) General Billing Distressedpro.com is wholly owned by Provest Real Estate Inc. For the purposes of readability the name Distressedpro.com is used in place of the corporate name, Provest Real Estate Inc., throughout this document. Usage of Distressedpro.com’s products constitutes customer’s acceptance of Distressedpro.com’ billing policy. Following is Distressedpro.com’s billing policy with which all customers must comply: All accounts are set up on a prepaid basis. Payment must be received by Distressedpro.com before any billable product or service is provided/activated except during trial periods if any. Customers are required to keep a valid credit/debit card on file to charge for recurring subscription fees. All international customers must pay by credit/debit card. Distressedpro.com does not accept international checks. Subscription billing is based on availability of products and services, not based on usage. Customers are responsible for keeping all credit/debit card details and contact information current. This can be done online a link can be found in the support area. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file. Invoice and payment receipts are available to customers upon request. Free Trials Customers are limited to 1 free trial period per year. Customers who signup for additional free trials will be billed immediately. Billing Cycle Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date. If the credit/debit card is declined, Distressedpro.com will attempt to charge the card on file for 30 days. Late Fee: All accounts more than 30 days past due may be assessed a late fee. No fewer than three attempts to contact the customer will be made before any late fee is assessed. Delinquent Accounts: All accounts 60 days past due will be submitted to a third-party collection service. Fees
Late Fee: Distressedpro.com may assess a 5% late fee for accounts 30 days past due (5% of the amount due). Chargebacks: If a customer initiates a chargeback, Distressedpro.com may assess a $50.00 processing fee for each individual chargeback. Returned Checks: Distressedpro.com may assess a $50.00 processing fee on all returned checks. Collections Fee: In the event an account is submitted to a third-party collections service, a $30.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account. Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law. Subscription Billing
Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month or day of the year in which customers purchase their Distressedpro.com membership or recurring product. Customers may cancel their subscriptions at any time. Distressedpro.com will not prorate any portion of unused subscription services. All subscription fees are nonrefundable. Payment Methods
Distressedpro.com accepts payments via credit/debit card. Payment by any other means, such as by check or wire transfer, is on a per-customer basis and must be agreed to by Distressedpro.com. Checks must be paid in U.S. dollars and issued from a U.S. bank. Distressedpro.com currently accepts American Express, MasterCard, Discover and Visa credit/debit cards. Cancellations
Cancellations must be done via the cancel form (http://www.distressedpro.com/cancel/). Email or other forms of requests to cancel do not constitute acceptance of any cancellation. Cancellations will take effect immediately upon submission of the cancellation form. Closing an account with Distressedpro.com cannot be done by simply canceling the credit/debit card. Distressedpro.com will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that account cancellation is done by using the cancel form to ensure account closure. Cancellation of an account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be automatically turned over to a third-party collection service. Billing Disputes
As a current or prior customer of Distressedpro.com, each customer agrees to provide Distressedpro.com 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Distressedpro.com must be the first option in billing disputes. Should Distressedpro.com receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Distressedpro.com has been given a chance to resolve the issue, Distressedpro.com has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, Distressedpro.com retains the right to collect on any rendered services or fees that are due. Distressedpro.com will submit any disputed amounts to a collection agency. Once a chargeback has been received, Distressedpro.com will immediately suspend the account until the matter is resolved. Refunds
Subscription fees for Distressedpro.com are nonrefundable. No exceptions.
Distressedpro.Com subscription fees will appear on your credit card statement as “Distressedpro.Com” or “Provest Real Estate Inc.”. Distressedpro.com End User License Agreement (EULA)  SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. PROVEST REAL ESTATE INC. DBA DISTRESSEDPRO.COM HENCEFORTH REFERRED TO AS DISTRESSEDPRO.COM SUBSCRIPTION AGREEMENT WHEREAS, Distressedpro.com develops, maintains and licenses access to a Web-based research and data software solution and associated training for real estate and debt professionals; and WHEREAS, customer wishes to use the Distressedpro.com application and obtain such related services, and Distressedpro.com desires to provide such services to customer; and NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I. DEFINITIONS 1.1 Definitions. For purposes of this Agreement, the definitions set forth below shall be applicable: "Authorized User" means an individual who is an employee or contractor of customer who is acting within the scope of a formal employment or agency relationship and who agrees to be bound by the terms of this Agreement. "Front End Code" means the user interface display and usability platform. This includes, but is not limited to, the layout, color scheme, HTML pages and source code, etc. "Back End Code" means the Distressedpro.com application-specific source code. This includes, but is not limited to, the database schema, field definitions, table relationships, marketing automation, workflow management, application methodology and interface coding, etc. ARTICLE II. OWNERSHIP AND USE 2.1 GRANT OF LICENSE. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DISTRESSEDPRO.COM HEREBY GRANTS TO CUSTOMER AND CUSTOMER HEREBY ACCEPTS A NONEXCLUSIVE, NONTRANSFERABLE LICENSE TO ESTABLISH ONLINE ACCESS TO THE DISTRESSEDPRO.COM APPLICATION SOFTWARE TO PERFORM CONTACT MANAGEMENT, PROSPECT RESEARCH, TO RECEIVE TRAINING AND OTHER RELATED BUSINESS FUNCTIONS THAT THE SOFTWARE IS DESIGNED TO PERFORM. 2.2 Title. Distressedpro.com shall retain all right, title and interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the Distressedpro.com application, including any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation, etc. Except for the license granted pursuant to this Agreement, customer shall not acquire any interest in the Distressedpro.com application software or any other services or materials, or any copies or portions thereof, provided by Distressedpro.com pursuant to this Agreement. 2.3 Customer Ownership of prospect, customer and employee data. Any company-specific data provided to Distressedpro.com hereunder, either in hard copy or electronic format, is and shall remain the customer's property. 2.4 Distressedpro.com intellectual property ownership and restrictions to product use. Distressedpro.com shall retain all rights to proprietary application development, business and technical methodologies, implementation, business processes and all other aspects of Distressedpro.com business, application(s) and services. Under no circumstances will the customer be permitted to use any Front End Code to their advantage (or) the advantage of their partner companies (or) potential partner companies outside of the intended design and implementation for which the original service subscription agreement was executed. The technology and business methodologies are proprietary and the sole property of Distressedpro.com. Any technology or business replication of any aspect of the application or services provided used for the gain of the customer or above-mentioned business partners or for the use of any level of a competitive nature regarding these proprietary elements is strictly prohibited. 2.5 Usage Thresholds. Customer agrees to the following thresholds: Unlimited access for 1 single named user plus 1 assistant for the duration of the subscription. ARTICLE III. FEES 3.1 Fees. In consideration of the license granted pursuant to Section 2.1, and for the services, customer shall pay Distressedpro.com the fees as specified on the customer's original Subscription Agreement (the "Fees"). Distressedpro.com shall invoice customer on a prepaid monthly or annual basis for membership charges. All charges for Fees shall be due and payable to Distressedpro.com within ten days (10) of the date of each invoice (credit card charges will be in the name of "Distressedpro.com" or "Provest Real Estate Inc."). Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law. ARTICLE IV. CONFIDENTIALITY 4.1 Confidentiality. Each party agrees that the company-associated data (referred to herein as the "Customer Confidential Information") and any and all materials, documentation and information pertaining to the Distressedpro.com application software and the services (referred to herein collectively as the "Distressedpro.com Confidential Information") is the confidential property of customer and Distressedpro.com, respectively (Customer Confidential Information and Distressedpro.com Confidential Information referred to hereinafter collectively as the "Confidential Information"). The party receiving the Confidential Information, including such party's employees, officers, directors and agents (collectively, the "Receiving Party"), shall hold in confidence all Confidential Information and shall not disclose or distribute Confidential Information, or any portion thereof, in any form or format to any person except on a strict "need to know" basis for the purpose of performance of this Agreement, or as required by valid legal process. Customer agrees it shall not copy, alter, decompile, disassemble, reverse engineer or otherwise modify (except with Distressedpro.com's prior written consent) or directly or indirectly disclose any Distressedpro.com Confidential Information. Confidential Information under this Section 4 shall not include information that: (i) is or has become publicly available without restriction through no fault of the receiving party; or (ii) has been received without restriction from a third party lawfully in possession of such information. 4.2 Cardholder Data Retention Policy. Customer agrees that all credit card information will be stored the minimum amount of time according to that which is required for business, legal and/or regulatory purposes. ARTICLE V. TERM & TERMINATION 5.1 Term. The term of this Agreement begins on the Effective Date and shall continue indefinitely unless terminated earlier as provided for in this Section 5. 5.2 Termination without Cause. Either party may terminate this Agreement at any time; Customer by canceling their Distressedpro.com account, Distressedpro.com by providing Customer a 15-day written notice. 5.3 Fees. In the event of termination or expiration of this Agreement, all Fees due and payable to Distressedpro.com must be paid in full. 5.4 Standard Marketing. Customer reserves the right to use Distressedpro.com' name and credentials in an appropriate and acceptable manner for standard marketing promotions. Equally, Distressedpro.com reserves the right to use customer's name and credentials in an appropriate and acceptable manner for standard marketing promotions. Acceptable and standard marketing promotions include, but are not limited to: client listings, press releases, surveys, interviews, reputable business publications, television, and web site presentation and promotion, etc. ARTICLE VI. WARRANTIES/LIMITATION OF LIABILITY/INDEMNITY 6.1 DISCLAIMER OF WARRANTIES. THIS AGREEMENT IS AN AGREEMENT FOR SERVICES. NOTWITHSTANDING THE FOREGOING, DISTRESSEDPRO.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE DISTRESSEDPRO.COM APPLICATION SOFTWARE AND SERVICES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT, UNINTERRUPTED SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. 6.2 LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THIS AGREEMENT EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF THE PARTY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY. Notwithstanding the foregoing, in no event shall Distressedpro.com's cumulative liability under this Agreement exceed the amount actually paid by customer to Distressedpro.com in the immediately preceding six- (6-) month period. 6.3 Customer Warranty. Customer represents and warrants that it shall, at all times, comply with, and shall remain solely responsible for compliance with, all applicable federal, state and local laws and regulations. Customer shall indemnify and hold Distressedpro.com harmless from and against any and all damages, costs, losses, claims, causes of action and lawsuits and expenses, including reasonable attorneys' fees, relating to breach of the aforementioned representation and warranty. Customer represents and warrants that it shall fully comply with the Distressedpro.com Acceptable Use Policy, which is incorporated herein by reference. 6.4 Integrated Services Statement of Non-Applicability. Distressedpro.com is note responsible for the availability or integrity of affiliated or integrated services or the continued performance or function thereof (namely LinkedIn and Jigsaw). Should the availability of any integrated services be terminated or unavailable for any period or indefinitely access to those services in now way impacts the software license or payments for said licenses except that Distressedpro.com will make every effort to replace or augment terminated services in a timely manner if possible.  ARTICLE VII. GENERAL PROVISIONS 7.1 ASSIGNMENT OF AGREEMENT. CUSTOMER SHALL NOT ASSIGN ITS RIGHTS OR DUTIES UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF DISTRESSEDPRO.COM. THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE AUTHORIZED SUCCESSORS AND ASSIGNS OF THE PARTIES. 7.2 Independent Contractor. Distressedpro.com is an independent contractor, and this Agreement does not in any way create the relationship of principal and agent, franchisee, joint venture or partnership between the parties. Neither party shall be liable for any debts or obligations of the other. 7.3 Entire Agreement; Precedence. This Agreement and Exhibit(s) (which may be attached hereto and incorporated herein by reference) contain the entire understanding between the parties and supersede any prior verbal or written agreement between the parties with respect to the subject matter hereof. No amendment or modification of the Agreement shall be valid, unless made in writing and signed by both parties hereto. In the event of any inconsistency or conflict between the terms and conditions of this Agreement and any term or condition of any Exhibit hereto, the terms and conditions of this Agreement shall, in all instances, govern and control. 7.4 Governing Law. This Agreement shall be governed by the laws of the State of New Hampshire without giving effect to conflict of laws principles. 7.5 Arbitration. Any and all disputes, controversies and claims arising out of or relating to this Agreement or concerning the respective rights or obligations of the parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules of the American Arbitration Association then in effect. The foregoing notwithstanding, each party shall have no more than three (3) days to present its case to the arbitrator. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys' fees and expenses to any prevailing party in such arbitration. 7.6 Force Majeure. Neither party hereto shall be in default hereunder by reason of its delay or failure to perform any of its obligations hereunder for any event, circumstance or cause beyond its control such as, but not limited to, acts of God, strikes, lockouts, general governmental orders or restrictions, war, threat of war, hostilities, revolution, acts of terrorism, riots, epidemics, fire, earthquake or flood or unexpected server failure. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement. 7.7 Invalidity; Waivers. If any provision or portion of this Agreement is held invalid, illegal, void or unenforceable as it appears in this Agreement by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this Agreement shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.  7.8 Survival of Terms. Notwithstanding the expiration or earlier termination of this Agreement for any reason, the provisions of Articles 4, 6, 7 and Sections 2.2 and 2.3 of this Agreement shall remain in full force and effect. 7.9 HEADINGS; COUNTERPARTS. PARAGRAPH HEADINGS USED HEREIN ARE FOR CONVENIENCE PURPOSES ONLY AND ARE NOT INTENDED TO BE, NOR SHALL THEY BE, USED AS AN AID IN INTERPRETATION. THIS AGREEMENT MAY BE SIGNED IN COUNTERPARTS. The following agreement was deprecated on 8/9/2013 To create and maintain an account with distressedpro.com, you must acknowledge and agree to the following Terms and Conditions. DistressedPro.com is a DBA of PROVEST Real Estate Inc. a Massachusetts corporation. Payment receipt and invoices may indicate Provest Real Estate Inc or some abbreviation thereof. TERMS AND CONDITIONS OF MEMBERSHIP. Members may not resell, redistribute or otherwise duplicate bank data, educational content, material , calls or information without the express written and signed permission of DistressedPro.com. Members agree that they are purchasing a single seat license unless a team license is purchased (one assistant is permitted), and sharing username and password information with others is a violation of our terms and conditions and may result in account termination. Any trial period is available 1 time per person. An attempt to start an additional free trial will result in an immediate charge with no opportunity for a refund. Membership will be activated upon payment approval. Memberships renew automatically on a recurring basis based on the membership selected by member whether monthly or annual. Member may cancel at any time to avoid future renewals via the instructions provided in the support forum. If payment can not be obtained from credit card provided by Member, Membership may be suspended until payment is received. Pricing is subject to change and any membership renewals will be at the then-current rate. Price changes will be reflected on website and distributed by email to Members. Member must keep current billing information on file. Failure to do so may result in an inability to access membership benefits. All content is property of DistressedPro.com. Any social media plugins or tools, including LinkedIn.com are a FREE addition to the data and content and represent no portion of membership fees and carry no guarantee or warranty of any kind. Refunds are provided only as specified in writing. No refunds in any amount for any reason will be made after 30 days. Any refunds, if granted, are subject to transaction and administrative fees and charges. These Terms and Conditions are subject to change at any time without notice.