Terms & Conditions
By using the avenuehq.com websites and related services (“Services”) of AvenueHQ Technology Inc., (“Avenue,” “we,” “our”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
AvenueHQ reserves the right to update and change the Terms of Service from time to time without notice. If AvenueHQ does so, it will post the modified Terms of Service on the Site, though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: https://avenuehq.com/terms-of-service.
“Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to AvenueHQ by or on your behalf in relation to the use of the Services (as defined below).
“Services” include recurring monthly services made available via AvenueHQ’s proprietary software delivered through the Site and by AvenueHQ staff (e.g. ‘Website’ ‘Newsletter’, ‘Social Media’) and non-recurring transactional services (e.g. ‘Listing Management’ ‘Branded’, ‘Concierge’), which are performed at your request.
- To enable MLS® related functionality, you must hold a valid real estate license, provide a valid Agent ID (or Member Code) and have consent, as applicable, to enter into this agreement from your local real estate board, broker or any other authority as required.
- You take on full responsibility to follow all applicable MLS® rules, regulations, guidelines and local laws.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your full name, a valid email address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. AvenueHQ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright and spam laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Recurring monthly services (i.e. “Website”, “Newsletter”, “Social Media”) are billed in advance on a monthly basis on the first business day of each month. See “ACCOUNT INITIATION” below for additional details.
- Non-recurring transactional services are billed as follows:
- “Concierge” is billed subsequent to delivery.
- “Branding” is billed in instalments, with a 50% deposit payable upon initiation and the remaining 50% payable upon completion or within one month of receiving samples, whichever happens first.
- “Listing Management” is billed on a monthly basis
- Downgrading your Services may cause the loss of Content, features, or capacity of your Account. AvenueHQ does not accept any liability for such loss.
- If the credit card on your account is unable to be processed, or if your account is delinquent, we will attempt to notify you and provide a two week grace period for you to re-enter your payment details. If payment is not received within two weeks; your Services may be locked, unavailable or disabled until payment on your account is setup. AvenueHQ does not accept any liability for any resulting loss. Additionally, at AvenueHQ’s discretion, such charges may accrue late interest at a rate of 20% per year or the maximum permitted by law (whichever is lesser), from the date such payment was due until the date paid.Payment, Refunds, Upgrading and Downgrading Terms
- A non-refundable set-up fee of $399 is payable upon initiation of “Website”
- The set-up fee covers 5 hours of design/set up time. You will be notified if we are reaching the 5 hour threshold. Any additional work will be charged at $50/hour.
- The set-up does not cover any content writing or custom design/branding work. This can be provided at an additional fee.
- Delivery of “Website” is deemed to have commenced 5 business days after the sample has been sent. Recurring monthly billing begins on the date specified in the “Getting Started” email sent to you upon signing up. Recurring monthly billing will begin regardless of whether we have received all necessary materials or not. For the first month of “Website” service delivery, pro-rated charges will be applied at the time the site is deemed commenced. All subsequent payments will be billed pursuant to AvenueHQ’s standard terms for recurring monthly services.
- A non-refundable set-up fee of $49 is payable upon initiation of “Newsletter”
- Delivery of “Newsletter” is deemed to have commenced when the first electronic newsletter is sent. Recurring monthly billing begins on the date specified in the “Getting Started” email sent to you upon signing up. Recurring monthly billing will begin regardless of whether we have received all necessary materials or not.
- A “Newsletter” is deemed billable if it has been designed and a sample has been sent to you for editing. AvenueHQ is not held liable if you do not supply a database in time for sending it.
- The “Newsletter” is sent on the 15th or the nearest business day after that each month.
- A non-refundable set-up fee of $49 is payable upon initiation of “Social Media”
- Delivery of “Social Media” is deemed to have commenced once we start posting. You will receive a delivery date for this once we have all of your materials. Recurring monthly billing begins on the date specified in the “Getting Started” email sent to you upon signing up. Recurring monthly billing will begin regardless of whether we have received all necessary materials or not. For the first month of “Social Media” service delivery, charges will be applied upon commencement. All subsequent payments will be billed pursuant to AvenueHQ’s standard terms for recurring monthly services.
Package (“Website”, “Newsletter” & “Social Media”)
- A non-refundable set-up fee of $399 is payable upon initiation of “Package”
- Delivery of “Package” is deemed to have commenced 5 business days after your samples are sent. Recurring monthly billing begins on the date specified in the “Getting Started” email sent to you. Recurring monthly billing begins on the date specified in the “Getting Started” email sent to you upon signing up. Recurring monthly billing will begin regardless of whether we have received all necessary materials or not. For the first month of “Package” service delivery, pro-rated charges will be applied at the time the site is deemed commenced. All subsequent payments will be billed pursuant to AvenueHQ’s standard terms for recurring monthly services.
Important Dates surrounding subscription
- Once you have signed up, you will receive a “getting started” guide with significant dates attached. The dates outlined within the email will inform you for when we need all necessary materials received by, when we will send you a sample and when we will launch all services. This email also outlines when your monthly billing will commence.
- Billing dates are all clearly outlined in the email sent and are determined by the services you sign up for
- Recurring monthly billing will begin regardless of whether we have received all necessary materials
- If requested materials are sent in after the date requested, this does not change the monthly billing date. That will begin regardless.
- If requested materials are sent in after the date requested, the sample delivery date will be set to two weeks from the time materials were received.
Cancellation and Termination
- You are solely responsible for properly canceling Services. You can cancel your services by filling out our cancellation form here.
- AvenueHQ will only accept a cancellation when the form is submitted.
- Once the form is received, AvenueHQ will cancel your services 30 days from receipt.
- We will continue to provide your services for those 30 days unless otherwise requested.
- Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the Services; (ii) you will have no further access to your accounts provided by AvenueHQ; and (iii) you will pay AvenueHQ all unpaid amounts owing to AvenueHQ.
- If you violate the letter or spirit of these Terms of Service, abuse the Services, or otherwise create risk or possible legal exposure to AvenueHQ, AvenueHQ can terminate or suspend your AvenueHQ Account at our sole discretion.
Modifications to the Services and Prices
- AvenueHQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
- Prices of all Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AvenueHQ Site (avenuehq.com).
- AvenueHQ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
Copyright and Content Ownership
- All Content posted on the Services must comply with Canadian copyright law.
- We claim no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
- AvenueHQ does not pre-screen content, but AvenueHQ and its staff have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services.
- The look and feel of the Services are copyrighted by AvenueHQ. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from AvenueHQ.
- The web design, content, computer programs, backend code, included libraries, technical processes are owned by AvenueHQ and their respective owners. You do not own any part of the website, web design, programming or Content in any way, except for the Content that you developed and added to your account.
- You understand that AvenueHQ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by AvenueHQ.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AvenueHQ customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVENUEHQ’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF (A) THE FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE AND (B) US$500. AVENUEHQ DOES NOT OFFER ANY WARRANTY OR REMEDIES FOR THE INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVENUEHQ, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER ASPECT OF THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL AVENUEHQ BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF AVENUEHQ WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF AVENUEHQ FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AVENUEHQ, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF AVENUEHQ; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
Nature of Relationship
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
This Agreement and your relationship with AvenueHQ shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of British Columbia, Canada and shall be considered to have been made and accepted in British-Columbia, Canada, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of British Columbia in Vancouver. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.
Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.
The terms of this Agreement, together with any applicable Authorization Form, constitute the entire agreement between the parties with respect to the use of the Services and supersede any prior or inconsistent agreements, negotiations, representations, and promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. In the event of any conflict between this Agreement and the terms of an Authorization Form, the provisions of the Authorization Form shall prevail.