By confirming your purchase and paying the associated fees, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS which constitute a legal agreement between you (a single person or entity, hereafter referred to as the “Client”) and ONEVISIT.CA (hereafter referred to as the “Provider”) for the rendering of services described in this agreement. You therefore agree that the terms and conditions listed below govern the obligations of each party and accept the terms and conditions listed therein. Your acceptance shall constitute your signature.
If you are a real estate broker and have opted for the 2 for 1 package, please note that by selecting this package, you are entitled to the production of two videos for the price of one, provided that both videos are shot on the same day and must be located in the same city or municipality. Otherwise, this option cannot be applied and each of the videos will be billed separately, it is therefore your obligation to make sure that you meet these conditions before confirming this agreement.
PREAMBLE AND PURPOSE OF THIS CONTRACT
- It is agreed upon that ONEVISIT.CA shall provide the Client with a web application, subject to its own policies, using video content to promote and broadcast information about a property in order to facilitate its sale or rental by increasing its visibility;
- As part of this service offer, ONEVISIT.CA also offers, for a fee, as posted on the “ONEVISIT.CA” website, to record a video that will allow a third party to visit the premises by simply viewing said video which will be broadcast by sharing a video URL link;
- ONEVISIT.CA then undertakes to provide the client with a video URL link that will be hosted on the platform’s own account selected by the Provider;
- The Customer agrees that this agreement only governs the obligations of the parties arising from the production of the video that will be produced;
- The parties declare that they are entitled to exercise all rights required for the completion and fulfillment of this contract.
EXCLUSIONS AND LIMITATION OF LIABILITY
- The rendering of services does not include the management of the Client’s account on the ONEVISIT.CA website, nor the management of its content, as this aspect remains the Client’s sole responsibility;
- The Customer releases the Provider from any responsibility regarding the state of the premises or any damage that could occur during the production of the video, with the understanding that the Provider will record the video in the conditions that the premises are in on the day of shooting. The Provider shall not be held responsible for any dissatisfaction or damage to property that may result from this aspect;
- In the event that the Client deactivates his/her account with ONEVISIT.CA, the Client acknowledges that the video that was produced will no longer be accessible and that there will be no possibility for the service Provider to retrieve it. In this regard, ONEVISIT.CA cannot be held accountable.
INFORMATION DISCLOSURE STATEMENT
- The Client affirms and acknowledges that he/she has obtained from the owner of the building, or that the latter gives as owner, the necessary authorizations for the image rights and consent for the use and broadcasting of the images collected during the video recording of the premises, and that the Client releases ONEVISIT.CA, its agents or employees from any liability in this regard.
- The Client must create an account on the ONEVISIT.CA website and maintain it for as long as the Client wishes the produced video to be published;
- The Customer is also responsible for deactivating the listed property in order to remove the video upon the sale of the property;
- The Client must make sure to cancel an appointment no later than 48 hours prior to the meeting, as failure to do so may result in additional charges;
- The Client must ensure that the premises are in a suitable condition for the production of the video;
- The Customer must also indicate any corrections that need to be made according to the terms and conditions set out in section 5.3 of this contract before giving his/her approval. When the video tour is approved by the client, it is considered final and will be put online. No changes can be made after the approval of the video, otherwise additional fees will apply.
- Once payment is made and the Client account is created on the ONEVISIT.CA website, the service Provider will contact the Client to set up an appointment for the production of the video;
- The Provider will carry out the video recording of the building specified by the Customer;
- The service Provider agrees to perform a maximum of two editing sessions, based on the Client’s feedback, in order to make necessary corrections before the video is put online. Any subsequent modifications beyond those included in this contract will be considered as an extra to the agreed upon service and a fee of $60 per hour will be charged in addition to the amount previously paid.
- No refund will be possible in the event of termination of the contract during its execution, with the understanding that the balance of the contract price will be considered between the parties as liquidated damages to compensate for any expenses incurred, damages and interests that may result from the situation.
- The parties agree that the intellectual property of the video, its creation, editing and concept belong to the service Provider and cannot be used, under any pretext, or taken over by third parties without its consent;
- No copy of the video may be duplicated or even used by the Client. Only the sharing of the video URL link on other platforms (Centris, DuProprio, Kijiji, etc.) is authorized under this agreement.
APPLICABLE LAWS AND RESIDENCE OF THE COURT
- This agreement shall be governed by the laws applicable in Québec, and the parties declare that they reside in the judicial district of Trois-Rivières and agree that any dispute arising from the application of this agreement shall be submitted to the relevant court in that district;
- The parties agree that this agreement may be signed electronically, and that the electronic version shall be deemed the original.