Clarifying Revisions to the SLAA

As our On-Line Subscriber License and Access Agreement (SLAA) Acceptance Program continues, we’ve received several questions regarding the copyright options that it presents. We’d like to take this opportunity to provide further context and address these concerns.

This acceptance program is similar to the one we conducted back in 2013, which also asked members to agree to the SLAA to continue to use the service. The current SLAA revisions were driven primarily by updates that the National Association of Realtors made to its own model guidance for MLSes, with which HIS endeavors to remain in alignment.

NAR MLS Policy Statement 7.85 emphasizes that participants minimally obtain proper licenses so that they can, in turn, grant the MLS a license to use the photos that they contribute to the service.

However, some members have raised concerns that the SLAA turns over the rights to, or provides a license for, all of their content (including photos) to HIS, allowing HIS to do whatever it wishes with it.

We want to assure our members that HIS’ use of its participants’ photos are ultimately subject to restrictions under NAR’s Policy Statement 7.85.  Under this policy, HIS’ use is limited to “storage, reproduction, compiling and distribution of listing and listing information to the extent necessary to fulfill the defined purposes of MLS.”

In the event that HIS would seek to use its participants’ photos for any unrelated purpose, it must provide the listing brokers adequate prior notice of its intended use and give them the opportunity to affirmatively withhold their consent for that use.  There are no plans currently for any such use.

HIS has always been in compliance with this policy, and it is not its intention to deviate from it.

HIS prides itself on giving its brokers better control over their listing information. For example, we introduced the Syndication Dashboard last year, an industry-leading initiative that allows brokers to choose which specific third-party sites should receive their listings.

We understand that many of our members incur a lot of expense for their listing photos and that they entrust HIS with their care and handling that we greatly respect and appreciate.

For Principal Broker Subscribers (PBS) who have not yet accepted the SLAA on-line  and have not yet selected an option governing their contributed content: If you do not make a selection by September 15, 2016, acceptance of the SLAA and Option II will be automatic. To reiterate, Option II means that you wish to grant a license to HIS for the use of your content, and not assign ownership of the content to HIS. Note that under Option II, HIS will not include your content in its copyright filings.

Please note that PBSs are able to change their option selection at any time.  It will just involve the completion of a new SLAA form.

If you have questions about this policy or how we are using your photos, please do not hesitate to contact Diana Haraguchi, VP of Administration by calling 1-800-628-3121 ext 172, by email to Diana@HiInfo.com

Mahalo!

Mid-Year Membership Reminders

As mid-year approaches, we’d like to provide early information for primary brokers who expect to make changes to their roster or request waivers for the billing cycle that begins July 1, 2016.

Membership Changes & Waiver Deadlines

For questions regarding Membership, including status changes or waivers, please contact our Membership Department at 599-4224 or 1-800-628-3121 (Neighbor Islands only), ext. #160, or email sueann@hiinfo.com.

If you are placing your license on Inactive status, or if you are surrendering your license:

• We must receive a copy of the completed Real Estate Change Form that you file with the DCCA.
• To ensure that changes or cancellations are processed before the July 1st billing, change forms must be received by Wednesday, June 22, 2016.
• Once we charge your credit card or debit your account, there is no refund for unused services.

Waiver applications and renewals are due as soon as possible!

• Anyone who is currently under waiver and wants to continue accessing the MLS service under waiver status must submit a new waiver application.
• Agents, assistants or other staff who are not currently under waiver but are seeking waiver status must also submit a new waiver application. This applies to all licensed support subscribers, property managers and time-share agents.
• Waivers are also required for partners, officers, directors or shareholders who are licensed but do not engage in sales activity.
• The deadline for submitting Waiver Applications for the new fiscal year (July 1, 2016 through June 30, 2017) is Thursday, June 30, 2016.

Click here to obtain the Waiver Application form.

Year-End Billing Reminder

If you have anything pending with us (such as with membership or accounting), or plan to submit account changes or forms, please make sure it is submitted no later than Monday, December 28, 2015 to ensure it is processed before the end of the year.

Because our office will be closed on Friday, January 1, the next billing date for Credit Card and ACH Customers is Monday, January 4, 2016. If you receive an invoice, your payment is also due on that date.

If you are going inactive or decide to leave an office and discontinue MLS service, your broker must send us a copy of the DCCA change form. You can fax it to (808) 524-6874 or email it tosueann@hiinfo.com. Once we receive a copy of the change form, we will turn off your MLS service, remove you from the office roster and discontinue billing.

The deadline for submitting the appropriate written documentation to avoid being billed for service onJanuary 4, 2016 is end of business on Monday, December 28, 2015. We have a no-refund policy, so we do not refund once you are billed. We do not pro-rate. This is stated in our License and Access agreement and explained in the email you receive when you first sign up.

If you are not inactivating your license and continue to keep it active with the DCCA under an office that subscribes to our membership, you must pay membership dues.

Need to change your payment account? Please use this form:

http://www.hawaiiinformation.com/REsearch/IDX/mlshawaii/forms/PreAuthprizedPayment.pdf

Print and complete this “Exhibit C” form, sign it, and fax it to (808) 524-6874. Please note that your broker does not have to sign this form if you are only changing your account information.

Mid-Year Membership Reminders

Important information for primary brokers prior to the billing cycle that begins July 1, 2015.

MEMBERSHIP CHANGES & WAIVER DEADLINES

For questions regarding Membership, including status changes or waivers, please contact our Membership Department at 599-4224 or 1-800-628-3121 (Neighbor Islands only), ext. #160, or email sueann@hiinfo.com.

For any subscriber who is planning to inactivate or surrender his/her license:

• We must receive a copy of the completed Real Estate Change Form that is filed with the DCCA.
• To ensure that changes or cancellations are processed before the July 1st billing, change forms must be received by Wednesday, June 24, 2015.
• Once we charge a credit card or debit an account, there is no refund for unused services.

Waiver applications and renewals are DUE NOW!

• Anyone who is currently under a full waiver or wants to continue accessing the MLS service under a licensed support status must submit a new waiver application annually.
• Agents, assistants or other staff who are not currently under waiver but are seeking waiver status must also submit a waiver application. This applies to all licensed support subscribers, property managers and time-share agents.
• Waivers are also required for partners, officers, directors or shareholders who are located on the Big Island or Kauai, who are licensed but do not engage in sales activity, and do not need access to the service.
• The deadline for submitting Waiver Applications for the new fiscal year (July 1, 2015through June 30, 2016) is June 30, 2015.
• Click here to obtain the Waiver Application form.

Please note that:

• Any licensed broker, salesperson or appraiser who is employed by a Principal Broker Subscriber or Principal Appraiser Subscriber who reside on the Big Island or Kauai, must subscribe to the MLS service.
• Anyone who appears as a Principal Broker or Broker-in-Charge in the DCCA PVL License search site is not eligible for a waiver.
• All waiver applications are subject to the HIS Board of Directors approval.
• Waivers may be revoked upon discovery that a waiver applicant has engaged in sales activity or received commissions or referral fees associated with real estate sales. In this event, subscription fees may be assessed retroactive to the effective date that the waiver was granted.

EARLY BILLING REMINDERS

For questions regarding billing, please call our Accounting Department at 599-4224 or 1-800-628-3121 (Neighbor Islands only), ext. #454, or email michelle@hiinfo.com.

If you would like to make changes to your billing:

• Print and complete a new Exhibit C – Pre-authorized Payment Agreement (click on the link). Your broker’s signature is not required if you are only changing your account information.
• Return the form by either:
  • Emailing it to michelle@hiinfo.com
  • Faxing it to (808) 524-6874
• The deadline to make any changes to your billing is Wednesday, June 24, 2015.

If you are the Principal Broker (PB) for your office:

It is the responsibility of the PB to insure that the fees for all agents in his/her office are due are paid on time. If payment is not made by the 10th of the month, service may be interrupted for the entire office.

If an agent is not able to pay the required MLS fees, the PB has the following options:

• Release the agent, by placing their license on inactive status with DCCA, and providing a copy of the release form to HIS before the July 1st billing (the agent’s signature is not required). Fees will continue to be billed until a copy of the DCCA Change Form is received by HIS.
• Loan the agent sufficient funds to pay their MLS fees.
• Pay the fees due on behalf of the agent.

As always, we appreciate your cooperation and your business!

UPCOMING HOLIDAYS

Our office will be closed in observance of Kamehameha Day on Thursday, June 11, 2015. Normal office hours will resume the next day, Friday, June 12, 2015.

In observance of Independence Day, our office will also be closed on Friday, July 3, 2015. Normal office hours (Monday – Friday: 8:00 a.m. to 5:00 p.m.) will resume on Monday, July 6, 2015.

In the event of emergency, you may leave a message in our emergency voice mailbox by calling the main office number and pressing * (star) – 1-800-628-3121 from the neighbor islands, or 599-4224 on Oahu. Leave a message and our phone system will notify our on-call staff that there is an emergency message.