The following describes the Terms & Conditions (‘TC’ hereafter) of all products and services offered on the EstateVue (EV) website – https://www.estatevue.com, provided by: VUE Technologies Inc or this website Atomic 55 Internet technologies Inc.; Canadian Office; #7 3185 Via Centale, Kelowna, BC, V1V 2A7, Canada; Legal name: V.U.E. Technologies Inc. Our TC is intended to create a fair and strong business basis for our customers and us to act upon. Please feel free to contact us if you have any questions or concerns in regards to the following.
Client
The client, customer, website owner has to be of legal age and legally entitled to enter a work relationship under the herein listed conditions.
Copyright & Creative
Photography
Unless otherwise indicated in the Statement of Work, EstateVue / Atomic 55 will provide free, royalty free, stock images that are appropriate to the project. The amount of photos used is at the discretion of the developer.
All photos procured and published by EstateVue / Atomic 55 will have the proper licensing requirements. If the client is supplying images, they must ensure that all images have proper licensing and usage rights.
WE WILL NOT PUBLISH, NOR ARE WE RESPONSIBLE FOR A WEBSITE OWNER, ITS EMPLOYEES OR CONTRACTORS, WHO CHOOSE TO PUBLISH CREATIVE THAT HAS BEEN COPIED, STOLEN OR DOWNLOADED ILLEGALLY/IMPROPERLY.
We DO NOT respond to photo copyright trolls seeking any damages. Any requests for images used improperly must be sent in writing, on official letterhead, to the website owner and the address posted on their website. We do not respond to email demands. We do not respond to ransomware.
All inquiries must be accompanied by the following:
- a copy of your representation agreement with the photographer
- proof that this copyright has been registered in Canada
- Copyrights, licensing and right of use.
All of EstateVue’s / Atomic 55’s products and services are limited to be used under the following conditions. We own all rights to our products and services. No rights of our delivered solutions are transferable to others. Our productions, solutions, delivered products and services underlie international copyright law and are intellectual property and may not be changed, copied or adapted by you and/or others.
No ownership or copyright in any material supplied by us to the client shall pass to the client. The clients and/or others do not have the right to resell our products completely or in part.
Customer assets & content
When entering these TC, it is the client’s responsibility to supply us with all necessary supplies before production starts. This can include logos, corporate identity colors, text and other materials. All supplies have to be delivered digitally. To ensure a high quality standard, all Logo files must be provided in one (or more) of the following formats: Illustrator, PDF, EPS, Photoshop. Graphic and image files must be provided in one (or more) of these formats: Illustrator, PDF, EPS, Photoshop, TIFF, RAW, JPEG, GIF. If all supplies are not delivered before production starts, we cannot be held responsible for any production delays and product delivery delays.
Service
Point Person
Upon service order the client will have to supply us with a management contact person, responsible for all management communications.
We reserve the right to request a new contact person if the person responsible for the project is preventing us from: completing the job either by way of delayed or inconsistent communication, belligerent, condescending or argumentative, threatening or verbally abusive either in written or spoken word.
If we can not come to a suitable contact agreement and we both feel that the situation is untenable then the customer/website owner has the right to buy out the remaining balance of the website and remove the website from our control.
Launching and Approvals
LOCATION PHOTOGRAPHY: After project completion, the client will be presented with a base number of 4 images to immediately send to the MLS®. The remainder of the images will be directly uploaded into the EstateVue Platform. A project is considered finalized after the files are uploaded. Any time spent on revisions will add to the production time and will be charged accordingly.
WEBSITE: Website launch dates, and timelines are reserved solely by Atomic 55 and EstateVue (VUE Technologies.) Client approvals are not required in order to launch a website.
CONTENT: SEO and content packages do not require review or approval by the client. Articles (blog posts), content additions, removal and editing of any portion of the website are made at our discretion to attain SEO results. Any alteration of the content, page layout and structure in any manner by the website owner, its employees or contractors, subsequently absolves EstateVue and it’s employees of any obligation to achieve ranking results in any of our SEO programs.
DATA: The client understands that the data is procured throughout Canada and other countries via multiple 3rd party data providers. Due to the volatile nature of the providers, systems and data integrity there could be issues related but not limited to incorrect information; price, sq. footage, address, agent details, photos and any other information deemed necessary for a real estate listing.
The client acknowledges that they have access to be able to correct any of these inaccuracies if they arise by manually logging into the platform and editing the listing information. It is not part of any service level package for EstateVue to guarantee that the data is accurate, timely or otherwise perfect. It is solely the responsibility of the client to ensure that listings are correct. Any cancellations due to data integrity issues are subject to the cancellation policies outlined below.
Maintenance and service interruption
We cannot be charged by the client or other parties, nor does a refund apply for server downtime, due to server maintenance, updates or any other causes that could temporarily interrupt our services and the presentation of the EstateVue Platform or any of its related services and/or products. This also applies to data inaccuracies.
Refunds & Cancellations Refunds
NO REFUNDS ARE AVAILABLE ONCE THE SIGNED STATEMENT OF WORK IS SUBMITTED.
Cancellation by the client
Please find your service level agreement below for the corresponding details on cancelling your website, hosting, data or marketing services with EstateVue and Atomic 55 Internet Technologies Inc.
Managed Service Levels (MWP, RBW, SEO)
All managed website packages (MWP’s) require 60 days to cancel. During the 60 day cancellation period MWP clients can expect the following wind down process:
All content written for SEO is removed including articles, posts, optimized pages.
No content that has been written on the website by EstateVue / Atomic 55 for SEO purposes will be transferable to a new website, provider or contractor of the website owner.
SEO content in this package is considered proprietary and it is at our sole discretion to remove the content at any time for any reason to protect our IP.
Removal of any plugins on the website that were installed to secure, maintain and optimize the website
Removal of the EstateVue listings plugin.
Removal of any other proprietary or trade secret software contained in the websites admin panel that would expose our IP.
Any charges outstanding are to be paid in full before transferring the website
Any charges related to the transfer of the website are the responsibility of the website owner. The website will not be released if these or other charges are outstanding as per our billing department.
REAL ESTATE BROKERAGES/BANNERS:
Unless an MWP, RBW, and/or SEO package customer, Brokerage clients using a corporate SYNCRO and or EstateVue account must provide written cancellation 60 days prior to the cancellation request.
Notice will be provided to all agents within the brokerage who are using SYNCRO and/or EstateVue services based on the brokerage’s signing promotion (agent websites, chat, SEO) . Agent’s will be notified within one week of your cancellation if they are using any of the services procured through your signing promotion that their monthly costs will increase to the current regular retail rate applicable to their service level.
Any charges outstanding are to be paid in full before transferring the website
Any charges related to the transfer of the website are the responsibility of the website owner. The website will not be released if these or other charges are outstanding as per our billing department.
BASE HOSTING AND DATA/MONTHLY PLANS:
Regular packages with set up fees paid in full are offered with a minimum contract of one full calendar month. If service is cancelled before thirty days and after the credit card has been processed, the client will be charged a $125 processing fee. If a client has signed up under a financed option for a project there are no refunds. Clients must honor the length of the contract or pay the full buyout immediately as stated in the contract to cease monthly billing.
MONTHLY PLANS:
The contract will continue to run to the end of the monthly payment period (day of publication date + 30 days) following the payment period the cancellation notice was received.
All contracts are open-end and have to be cancelled in writing (please see your package level for the notice period required). If the client decides to cancel a project during production or after placing a production order, we will charge all work executed up to the point of cancellation at our regular hourly rate.
Any charges outstanding are to be paid in full before transferring the website.
Any charges related to the transfer of the website are the responsibility of the website owner. The website will not be released if these or other charges are outstanding as per our billing department.
CANCELLATION BY SERVICE PROVIDER:
We reserve the right to cancel a project, production, or the network of EstateVue at any point in time without having to supply the client with further reasons. Refunds may apply, if a project or the EstateVue network is canceled in a monthly payment period where the client has already been charged; in that case the client may be eligible for a refund for the remaining days, where the service could not be provided – (monthly service charges charged – total days of the payment period where service was not provided) * daily package price = total refund.
Personal data protection
All contact information given to us will be for the sole use of our project management and will not be given or sold to others.
Cookies
The EstateVue website stores cookies on your computer. These cookies are used to improve your website experience and provide more personalized services to you, both on this website and through other media.
Limited warranty & Indemnity
Limited Warranty:
Our websites come with no guarantees of leads, business generation or improvements to your business image or integrity. We do not guarantee that all technology will remain relevant and will not require upgrades in the future. We do not guarantee data integrity. We do not guarantee ranking results. Any claims for warranty should be addressed in writing to the contact information contained at the end of this TC.
Indemnity:In no event will we be liable to any party for any direct, indirect, special or other consequential damages for any use of our products, services and solutions, including, without any limitation, any lost profits and business interruptions, even if we are expressly advised of the possibility of such damages.
Final provision:
We reserve the right to change our TC at any time without further notice. If any provision of these TC is, for any reason, invalid and / or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and / or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and / or unenforceable provision. This also applies to contractual loopholes.
All headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the dependent content.
Place of jurisdiction, insofar as legally admissible, shall be the main place of our business. These TC and the contractual relationship shall be governed by Canadian Law.
DISCLAIMER
1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are non-binding and without obligation. Parts of the pages or the complete publication including all offers and information may be extended, changed or partly or completely deleted by the author without separate announcement.
2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages – unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore, the author is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on his page.
3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, and addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far as technically possible and reasonable – without specification of any personal data or under specification of anonymous data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited; offenders sending unwanted spam messages will be punished.
5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you are viewing. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
Production & Copyrights
Atomic 55 Internet Technologies Inc. / VUE Technologies Inc. / EstateVue