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, including but not limited to email, hosting, DDF/IDX/VOW listings, marketing, syndication, programming, data management, and on-going service or maintenance agreements (“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 term of this Agreement continues until User or TRES Labs gives at least one full month of notice of termination to the other party.
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, expenses, or other financial considerations. TRES Labs shall be held harmless for losses that occur relating to the use of Services. All services are provided on a best effort basis and accepted by the User without warranties or service guarantees.
Use of Information
The User grants a continuous license to TRES Labs to use any and all non-personal data provided in conjunction with the rendering of Services by TRES Labs to deliver said 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 and/or is required by their local or national real estate board.
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 Services. 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 does not provide POP/SMTP email accounts with hosting. All email is forwarded to third-party services or MX records are modified at the customer’s request to route mail to a third-party service.
All services, such as Plesk Control Panel, POP, IMAP and SMTP are provided on a “best effort” basis only with no warranties or guarantees.
The User’s Subscription to Services is terminated if the User violates this Agreement. Either the User or TRES Labs can terminate this Agreement at any time with notice to the other party. This Agreement shall survive termination or expiration of the Service.
Account Payments, Additional Fees, Interest and Collection Costs
Accounts paid by pre-authorized credit card are subject to termination if the User’s credit card account is not available after two billing periods (approximately 60 days). The User agrees to pay any and all collection and legal costs associated with delinquent accounts. The user agrees to pay interest on accounts past due more than 30 days at a rate of 28% per year (approximately 2.33% per month).
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. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other parts of this Agreement.