Inclusions and Legal Clauses: Listings on Vistoo.com

Inclusions – Packages

Basic Package:

• Personalized dashboard

• Support service for creating and modifying listings

• Descriptions written in English and French

• Up to 3 unit types included

• Up to 15 photos per listing

• Follow-up with a quarterly performance report

Signature Package:
All the visibility of the Basic package, plus:

• Integration of dynamic content for your listings

• Up to 5 unit types included

• Up to 20 photos per listing

• Highlight placement in the “For the Curious” section

• Priority positioning on the first page of your region

Exclusive Package:
All the visibility of the Signature package, plus:

• Unlimited number of unit types

• Unlimited number of photos

• Highlight placement in the “For the Curious” section

• Priority positioning on the first page of your region

• Featured property as “Vistoo’s Choice”

• Showcase on the homepage

The above indications apply per listing.

Legal Clauses

Confidentiality
All information provided by the Client to the Service Provider will be treated as confidential. The Service Provider agrees not to disclose or use this information for purposes other than providing the agreed services, unless otherwise authorized in writing by the Client.

Intellectual Property
All intellectual property rights on the deliverables created by the Service Provider under this Contract will remain the property of the Client, unless otherwise specified in the statement of work.

Termination
Vistoo may terminate this Contract for cause, without delay or prior notice to the Client, if: (a) the Client is in breach of this Contract; (b) the Client becomes insolvent; or (c) the Client assigns or transfers any of its rights or obligations under this Contract without the prior written consent of Vistoo.

The Client may terminate the Contract with 30 days’ notice. From the thirty-first day, the Client must pay a penalty equal to 35% of the remaining amount of the Contract.

From the outset, the Client agrees to respect a specific duration. Although Vistoo offers some flexibility in payment frequency, it is important to note that this is not a monthly subscription that can be canceled at any time.

By signing this Contract, you agree to respect each of the above points. Vistoo naturally hopes to avoid termination, but it is essential to be aware of these provisions.

In Case of Non-Payment
If payment deadlines exceed 30 days, Vistoo may deactivate the listing! This has no impact on the term, payment schedule, or any other element of the ongoing project.

When the payment deadline exceeds 30 days, Vistoo may, at its discretion, apply a penalty of 2% of the monthly or total amount for each day of delay.

When the payment deadline exceeds 60 days, Vistoo may, at its discretion, apply a penalty of 4% of the monthly or total amount for each day of delay.

We have the responsibility to perform follow-ups and do everything within our capacity to facilitate administrative and accounting matters. That said, by signing this Contract, you agree to respect each of the above provisions.

Legal Responsibilities
The Service Provider assumes no legal responsibility for the results of actions taken by the Client based on its advice. The Client is encouraged to consult an independent legal or tax advisor if necessary.

Vistoo shall not be held liable to the Client, for any cause or reason not related to gross or willful misconduct by Vistoo or its representatives, with respect to:

• any loss resulting from Force Majeure;

• loss of profits or anticipated savings;

• any loss of income or revenue;

• any loss of use or production;

• any loss of business, contracts, or opportunities;

• any special, indirect, or consequential loss or damage.

The Client accepts and acknowledges being fully responsible for the accuracy of the information and images it provides to or uploads on the Website for the purpose of displaying a Property and agrees to review any listing upon publication to ensure accuracy. Vistoo cannot be held liable for any erroneous information.

In the event of fault causing damage to the Client, Vistoo’s liability to the Client regarding any event or series of related events shall never exceed the purchase price for the current term.

Service Quality Follow-Up

Vistoo reserves the right, at its discretion and on an occasional basis, to conduct follow-ups with users who have submitted an information request. The purpose of such follow-ups is to ensure that the promoter has indeed made contact and that the user has received an appropriate response, in a continued effort to maintain service quality and customer satisfaction, as well as to preserve the reputation and image of the Vistoo platform. These follow-ups may be carried out by email, telephone, or any other means of communication deemed appropriate.

Force Majeure
If a Force Majeure event causes a failure or delay in the performance by either party of any obligation under this Contract (other than any payment obligation), such obligation shall be suspended for the duration of the Force Majeure event.

A party that becomes aware of a Force Majeure event that gives rise or is likely to give rise to a failure or delay in performance of any obligation under this Contract must:

• notify the other party as soon as possible; and

• inform the other party of the period during which such failure or delay is expected to continue.

A party whose performance of its obligations under this Contract is affected by a Force Majeure event must take reasonable measures to mitigate the effects of the Force Majeure event.

Indemnification and Warranties
The Client agrees to indemnify, defend, and hold Vistoo harmless from all claims, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

• the Client’s breach of this Contract;

• any data transmitted by the Client to or from the Website;

• any third-party claim arising from the Client’s use of the Services; and

• all costs and reasonable attorney’s fees incurred by Vistoo in responding to a subpoena, court order, or other official government inquiry regarding the Client’s data or the Client’s use of the Services and Website.

Governing Law and Dispute Resolution
This Contract is governed by the laws of Quebec and any dispute arising from this Contract shall be subject to the exclusive jurisdiction of the courts of Quebec.

By signing this Contract, the Client and the Service Provider acknowledge that they have read, understood, and accepted all terms and conditions set out in this document.