These Client Terms apply when you (the "Client") hire ZM3DIA LLC, a California limited liability company doing business as Listed Virtual ("Listed Virtual," "we"), for any service: a monthly plan, a project, a listing launch, website hosting, the Pipeline Desk or anything else. You accept them when you subscribe, pay an invoice, sign a proposal or ask us to start work. If a signed proposal or order says something different, the proposal or order controls for that item.
1. Plans and subscriptions
- Monthly plans and monthly services are billed in advance on the same date each month and renew automatically every month until you cancel. The price is the amount shown at checkout or on your invoice, plus any tax.
- There is no setup fee and no long-term contract. Cancel anytime from your customer account or by emailing zack@listedvirtual.com. Cancellation takes effect at the end of the month you have already paid for. We finish that month's work and hand over your files, logins and assets. Months already billed are not refunded.
- We will tell you at least 30 days before any price change on your plan, and you can cancel before it takes effect.
- What your plan includes (requests in progress, video, call cadence) is as described for that plan on our site when you subscribe, or in your proposal.
2. Projects and one-time services
- Projects under $2,000 are paid in full to start. Projects of $2,000 and up are 50% to start and 50% at delivery.
- Each deliverable includes two revision rounds. Each additional round is $125. Rush turnaround (24 hours) is $250 per request.
- Turnaround times on our site, such as 48-hour listing launches and three-business-day requests, are targets that start once we have everything we need from you. They are not guarantees.
- A project deposit is refundable only for work we have not started.
3. Pass-through costs
Ad spend is billed by Meta, Google or other platforms directly to your card. Printing, postage, photography, video, drone, domains and third-party subscriptions are passed through at cost or billed to you directly. These costs are yours whether or not a campaign performs.
4. Late payment
Invoices are due on receipt. If a payment is more than 7 days late, we may pause work. If it is more than 15 days late, we may suspend hosting and the campaigns we manage until it is paid. Files and assets are handed over once the account is paid in full.
5. Your responsibilities
You are the licensee, the advertiser and the decision maker for your own business. You agree that:
- Facts. You provide and check every fact we publish for you: prices, square footage, beds and baths, lot size, features, schools, HOA, zoning, permits, sold and pending status, rankings, awards, testimonials and statistics. We rely on what you give us.
- Approval. You review every piece before it goes out. When you approve a piece, or ask us to publish it without review, you accept responsibility for its content.
- Licensing and advertising rules. Your marketing must meet the rules that apply to you, including California Department of Real Estate advertising rules (such as your name, license number and responsible broker where required), your brokerage's policies, MLS rules, REALTOR® rules, the seller's permission to market the property, and the rules of any other state where you or the property are located.
- Fair housing. You will not ask us to create, target or exclude any audience in a way that indicates a preference, limitation or discrimination based on a protected characteristic. See our Fair Housing Statement.
- Altered images. California law requires a disclosure, and access to the original image, when an image in real estate advertising has been digitally altered (Business and Professions Code Section 10140.8). We label images we virtually stage or materially alter when we deliver them. You keep that label and the unaltered originals with the image everywhere it is published, and you tell us when an image someone else edited has been altered.
- Rights to your materials. You own or have permission to use everything you send us, including photos, video, floor plans, music, logos, headshots, testimonials, copy and data, and any photographer's license covers editing and every place the work will be published. If you are not sure, tell us before we use it.
- Contact lists. Any list you ask us to email, text or call was collected lawfully, and you have the permissions the law requires, including under CAN-SPAM, the Telephone Consumer Protection Act, Do Not Call rules and California privacy law. You are the sender of record for campaigns sent in your name.
- Accounts. Your ad, social, website, domain and CRM accounts stay in your name. You give us the access we need and can remove it at any time.
6. What we will and will not do
We do the work professionally and follow the platform rules for real estate and housing ads, including the housing ad categories on Meta and Google. We may decline, edit or stop any request we reasonably believe is unlawful, discriminatory, misleading or infringing, and we will tell you why.
7. No guarantee of results
Marketing helps; it does not control the market. We do not guarantee leads, listings, appointments, sales, prices, days on market, rankings, followers, reach or return on ad spend. Past results, including the career figures on our site, do not predict future results.
8. Who owns the work
- You own your deliverables. Once you have paid for them, the final files we create for you belong to you, including designs, copy, the photos and video we commission for you, websites, ad creative, reports, call recordings and your database. We assign our rights in them to you.
- Third-party materials in your deliverables, such as stock images, fonts, music, Canva and platform elements, plugins and MLS data, stay under their own licenses, which you agree to follow.
- Our tools stay ours. Our templates, frameworks, scripts, code libraries, prompts, processes and know-how remain ours. You get a permanent, royalty-free license to use them as part of your deliverables.
- Portfolio. We may show finished work that has been published publicly in our portfolio and case studies, unless you ask us in writing not to. We never publish your private data or confidential information.
9. Three agents per area
We cap the number of plan clients we take in each area as described on our site. Your area is the farm or market we agree on when you start. This is our booking policy. It is not a promise that no one else markets in your area, and it does not apply to brokerages, developers or commercial clients unless your order says so.
10. Website hosting
- Hosting is billed monthly at the price on your plan or invoice and renews until you cancel.
- Your domain, content and data are yours. Sites run on third-party platforms such as Squarespace, and we do not control their uptime, features or pricing.
- You are responsible for what is on your site, including listing data and IDX or MLS display rules, your own privacy policy and terms, and accessibility. We follow accessibility best practices when we build and can audit or remediate a site at our hourly rate. We do not guarantee that any site is free of accessibility claims.
- We keep reasonable backups where the platform allows. If hosting ends, we help you move your site and domain to your own account.
11. The Pipeline Desk
These terms apply in addition to everything above when you add the Pipeline Desk.
- Your name, your supervision. Callers contact people on behalf of you and your brokerage. Callers are not real estate licensees. They identify interest and set appointments with you. They do not negotiate, discuss commission or listing terms, give advice about a property or a transaction, or claim to be licensed. You or your broker approve the scripts before calling starts, and you confirm that your responsible broker allows this service.
- Lists and consent. You give us the names and numbers to call and warrant that you have the right to contact them. We scrub numbers against the National Do Not Call Registry and our internal do-not-call list, honor every opt-out, and call only between 8 a.m. and 9 p.m. in the recipient's time zone. We do not send texts, or place autodialed or prerecorded calls to cell phones, without the prior express written consent the law requires, and you must have that consent before you ask us to.
- Recording. Calls are recorded, and every call opens with a recording notice. Recordings and call logs belong to you. We keep them as long as needed to deliver the service and meet legal requirements.
- Your instructions. You are responsible for the lists you supply, the instructions you give and how you follow up with the people we hand off to you. We may pause or end any campaign we believe creates legal risk.
- Our team. Calls are placed by trained team members and contractors working for Listed Virtual. You deal only with us.
12. The free launch preview
The preview is free and creates no obligation for you or for us. You may use what we send in your own marketing once you have checked every fact, confirmed you have the rights to every photo, and added the disclosures your brokerage and the law require.
13. Confidentiality and your data
We keep your non-public information confidential and use it only to do your work. When we handle personal information about your contacts, we do so only on your instructions, as your service provider, and only to provide our services. We may use team members, contractors and software providers, some outside the United States, under confidentiality obligations. When you leave, we return or delete your contact data on request.
14. Limitation of liability
To the fullest extent the law allows:
- Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, commissions, listings, deals or data.
- Our total liability for all claims under these terms is limited to the fees you paid us in the three months before the claim arose.
- We are not responsible for platforms and vendors we do not control, including ad rejections, account restrictions, algorithm changes, outages, printing errors and postal delays.
- Any claim must be brought within one year after it arises.
15. Indemnity
You agree to defend, indemnify and hold harmless ZM3DIA LLC, its owner, team members and contractors from claims, fines, losses and costs, including reasonable attorneys' fees, arising from: the materials, facts and lists you supply; content you approved or asked us to publish; your instructions; and your compliance with real estate licensing, advertising, fair housing, privacy, telemarketing and MLS rules.
16. Ending the relationship
You can cancel as described in section 1. We can end any service with 30 days' notice, or right away if an invoice is more than 30 days late or a request would require us to break the law or these terms. Sections 5, 7, 8, 13, 14, 15 and 17 continue after the relationship ends.
17. Disputes and general terms
- California law governs these terms. Before filing anything, either of us will give the other written notice and 30 days to resolve it.
- Unresolved disputes will be decided by binding individual arbitration administered by JAMS in Los Angeles County, California. Either of us may instead bring a claim in small claims court, or ask a court to protect intellectual property or collect an unpaid invoice. Claims may be brought only individually, not as a class or representative action.
- We are an independent contractor, not your employee, partner or agent.
- These Client Terms, your order or proposal, and the pages they link to are the whole agreement for your services. We may update these terms with 30 days' notice; continuing a service after that notice means you accept the update.
- If any part is unenforceable, the rest still applies.
Contact
ZM3DIA LLC dba Listed Virtual · 537 San Vicente Blvd #205, Santa Monica, CA 90402 · zack@listedvirtual.com · 413.687.5797