The TRES Labs Service Agreement (the “Agreement”) is between you (“User”) and TRES Labs and becomes effective upon your use of any services offered by TRES Labs (“Company” or “The Company”), including but not limited to email, hosting, DDF®, IDX, VOW listings, marketing, syndication, programming, data management, and on-going service or maintenance agreements (“Service” or “Services”).
TRES Labs grants to the User the right to use Services where User complies with the terms described and agreed to herein. The User may not use the Services for any use prohibited by law or the rules and regulations of the real estate boards, councils, or organizations at the national, provincial or state, or local level to which they are accountable. The Company will not monitor, notify agents of, or enforce user agreement compliance that Service Users may have with third-parties. Users are responsible for ensuring that all content on their website is trademark compliant.
No Rights to Intellectual Property
Unless explicitly specified in writing (eg. custom software) the Service and all intellectual property is owned by TRES Labs and is not transferrable to another Internet service provider. The User agrees not to obtain, possess, sell or give away the source code for any software used in the Services.
Limitation of Liability
Under no circumstances, shall TRES Labs be liable for any damages, loss of business, loss of email, or expenses: The User agrees that TRES Labs shall be held harmless for losses that occur relating to the use of Services in any way.
Use of Information
The User grants a continuous license to TRES Labs to use any and all personal and non-personal data provided in conjunction with the rendering of Services.
The User understands and agrees that they have the ability and obligation to manage, end, engage and/or alter their listings as the User desires or is required by law or the rules and regulations of the real estate boards, councils, or organizations at the national, provincial or state, or local level to which they are accountable. Users must notify the Company if and/or when non-compliant content is found within the Service so that it may be corrected.
TRES Labs reserves the right to, at its discretion, request the removal, modification, changes or elimination of any and all content advertising third party services on the Service. In the event that such request is not satisfied by the User, TRES Labs shall have the right to terminate this Agreement and end Services. TRES Labs reserves the right to include third-party content within the Service for the purpose of enhancing the Service and retain all revenue that may result from inclusion of the third-party content, if applicable.
TRES Labs does not offer POP/SMTP email services. Users are encouraged to use third-party email hosting solutions such as Gmail or Hotmail, or use hosted mail solutions for domain-based email, and/or use email forwarding. All Services are provided on a “best effort” basis only with no warranties or guarantees. TRES Labs reserves the right to invoice Users for support as determined from time to time.
Notice to Terminate Service
Either the User or TRES Labs can terminate the Service with one full month of notice to the other party.
The User’s subscription to Services will be terminated if the User violates this Agreement.
Account Payments, Additional Fees, Interest and Collection Costs
The User agrees to pay the annual fee within 60 days of the renewal period regardless of utilization, account status in the DDF® data feed, destination website availability, and any and all other listing display locations beyond the control of the Company. Accounts paid by pre-authorized credit card are subject to termination if the User’s credit card account is not available after 15 days.
The User agrees to pay any and all collection and legal costs associated with delinquent accounts. In the event that the User initiates a charge-back for any reason, the User agrees to pay a $49 chargeback fee to recoup costs paid by TRES Labs plus a $59 account re-activation fee.
Interest is charged at a rate of 28% per year (approximately 2.33% per month) on accounts past due more than 30 days. Purchases on behalf of a client using TRES Labs’ credit card will be billed at 2x the final amount. Labour is billed at $110 per hour not including tax.
This Agreement is the entire agreement between the User and TRES Labs and supersedes prior agreements. The laws of British Columbia, Canada will govern this Agreement. Any legal action or special proceeding shall be filed in Vancouver, BC. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other parts of this Agreement.