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, research projects, technology consulting and recommendations, and on-going service or maintenance agreements (“Service” or “Services”).
Rates (Updated July 25, 2022)
- The basic shop rate is $110 per hour
- Hosting set-up and domain configurations are billed separately from flat rate work
- Bespoke, original content including writing, website copy, and artwork is billed at $220 per hour
Discounts are available to accounts that have a pre-authorized credit card on file with permission to bill automatically.
Discounts apply to hours billed in a single calendar month. Charges may be applied to your credit card on a weekly or monthly basis at the discretion of the Company. These discounts may be withdrawn from our price schedule at any time.
Labour and project management discounts
- 1-3 hours = no discount
- 4-10 hours = 10% discount
- 10+ hours = 15% discount
- 12 month contract rate, minimum 15 hours/mo = 20% discount
- No discount is available for PHP/SQL programming
Pre-authorized Use of Credit Card, Account Payments, Additional Fees, Interest and Collection Costs
By providing your credit card and billing information to open an account, the User gives consent to TRES Labs to store payment information on the Bambora Payment System for future use including but not limited to:
- Renewal fees
- Subscription fees
- Payments on account
- Tasks assigned or undertaken by TRES Labs on behalf of the User
- Other fees and charges for the maintenance of your account
Your credit card details are not stored on our servers and are not visible to TRES Labs employees. The transaction may be either Cardholder-initiated transactions (such as an e-commerce purchase transaction) or Merchant-initiated (such as installment payment or recurring billing).
The User agrees to pay annual fees within 30 days of the renewal period regardless of utilization, account status in the DDF® data feed, destination website availability, and any and all other listing displays 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 10 days. TRES Labs reserves the right to charge fees related to declined credit card attempts to recoup fees paid to our merchant account provider and payment processor.
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 to have the service reactivated.
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.
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 a real estate board, councils, associations or organizations at the national, provincial/state, or local level to which they are accountable.
The Company will not monitor, notify agents of, or enforce user agreement compliance that Users may have with third-parties.
The User agrees that The Company is providing a self-managed service and the User is soley responsible for data-use compliance.
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 code provided by The Company for any software used in the Services.
Limitation of Liability
All Services are provided on a “best effort” basis only with no warranties or guarantees.
The User agrees that TRES Labs shall be held harmless for losses that occur relating to the use of Services in any way. Under no circumstances, shall TRES Labs be liable for any damages or loss caused by the Service.
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.
Real Estate Listing Content
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. Examples of third-party content may include Google Streetview, Walkscore, mortgage calculators, referral links to lenders, and other content as deemed appropriate or necessary by the Company.
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. This condition does not apply to accounts in the 30-day trial period, which can be cancelled without notice. Cancellation fees may apply.
The User’s subscription to Services will be terminated if the User violates this Agreement.
This Agreement is the entire agreement between the User and TRES Labs and supercedes 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.