DISPLAY SERVICES AGREEMENT (the "Agreement")
Chaletsalouer.com / Cottagesrental.com (hereinafter the "Website") is a website owned by 9217-8037 Québec inc. (hereinafter "9217"), which aims to provide online visibility to the Advertiser (as defined below) who wishes to rent or sell one or more Properties (defined below). 9217 does not intervene at any time in any rental agreements or sales agreements whatsoever between the Advertiser and the Visitor (defined below). Therefore, the Advertiser agrees that 9217 does not act as a real estate agency and does not provide any real estate brokerage services.
By using 9217's services, the Advertiser agrees to be bind by the contractual terms defined below.
For the purposes of this Agreement, the following definitions shall apply:
1.1 Advertisement: Refers to any content published on the Website to describe, promote or detail a property for the purpose of its sale or its rental to third parties.
1.2 Advertiser: Refers to the party hereto who accepts the terms and conditions of the Agreement. The Advertiser is also any natural or legal person who contracts with 9217 to publish an Advertisement on the Website with the aim of selling or renting one or more properties, as well as any person designated or mandated by him to manage the Advertiser's account.
1.3 Content: Refers to any content the Advertiser uploads, publishes, submits, transmits or includes in his announcement, including any text, pictures, images, graphics, videos or links to other websites.
1.4 Package: Refers to the type of display on the Website that the Advertiser selects by clicking on their preferred choice.
1.5 Loss: Refers to all losses (including decreases in value), obligations, damages, costs, fees, reasonable fees (professional or otherwise), charges, fines, penalties or dues resulting from any claims, including the costs and fees of any judgments, actions, claims, proceedings, demands, orders, dues, regulations or transactions relating thereto together with all interests, fines and penalties.
1.6 Property: Refers to any type of accommodation that is the subject of an Advertisement on the Website by an Advertiser.
1.7 Visitor: Refers to any person that consults or browses the Website, any person that contacts an Advertiser via the Website or after having consulted or browsed the Website, in order to reserve or buy an advertised Property, and any person that stays in a Property, with the exception of the Advertiser.
2. PURPOSE OF THE AGREEMENT
Subject to the terms and condition set forth herein, 9217 provides to the Advertiser a platform allowing him to post his Property for rental or sale, depending on the specific characteristics inherent to the selected Package. In exchange for these services, the Advertiser agrees to pay the amount of the Package and to comply with the terms and conditions hereof.
3. OBLIGATIONS OF 9217
In exchange for the payment of the Amount (defined below), and subject to the terms and conditions contained herein, 9217 commits to publish Advertiser's Advertisement on the Website for the duration of the selected Package.
4.1 The amount of the Package and the applicable taxes (hereinafter the "Amount") must be paid in a single installment before the publication of the Advertisement by 9217. For clarity, the online publication of the Advertisement on the Website is conditional to the full payment, by the Advertiser, of the Amount of the Package.
4.2 The Advertiser agrees to settle the Amount payable by one of the following payment methods: (i) by Visa or MasterCard via the Website; (ii) by sending a cheque payable to 9217 to the following address: C.P. 355, Succ. Bureau-chef, in Saint-Hyacinthe (Québec) J2S 7B6; or (iii) by any other method of payment agreed upon with 9217.
5. DURATION OF THE PACKAGE
5.1 The package has a one year duration from the date written on the invoice issued by 9217.
5.2 Thirty (30) days before the expiration of the Package, 9217 will send the Advertiser a renewal notice by email. The Advertiser will have to accept the renewal of the Package as well as the terms of the Agreement and pay the Amount before the expiration of the Package, otherwise 9217 reserves its right to withdraw the Advertisement from the Website.
6. TERMS AND CONDITIONS OF THE CONTENT
6.1 Neutral Platform
The Advertiser hereby acknowledges that 9217 only places at the disposal of the Advertiser a platform on which the Advertiser fully controls the Content. The Advertiser agrees that any Content uploaded or published on the Website shall comply with all applicable laws, including, but not limited to the generality of the foregoing, with regard to intellectual property, image rights and personal dignity. The Advertiser is fully responsible for drafting and creating the Content of his/her Advertisement.
The online publication of an Advertisement on the Website is not a guarantee of good results. Under no circumstances does 9217 guarantee the popularity or effectiveness of an Advertisement. 9217 does not guarantee any results or profits to the Advertiser who rents or sells a Property.
By submitting any Content on the Website, the Advertiser certifies, represents and guarantees to 9217 that he has obtained all permissions required to use and publish the Content and that such permissions were given by the holder of Property’s rights, accommodation’s rights and / or copyrights which is the object of the Content or by all persons authorized to consent for and on behalf of the holder of Property’s rights, accommodation’s rights and / or copyrights which is the object of the Content, if applicable.
The Advertiser is solely responsible for the Content that he publishes on the Website and in publishing the Content, he represents and guarantees to 9217 that such Content does not violate any intellectual property rights, including as regards copyrights, trademarks, trade secrets or others that may belong to third parties.
For this purpose, the Advertiser shall indemnify and save harmless 9217 in the event of a prosecution by anyone regarding any violations of a law, a right, including those inherent in this Agreement, intellectual property rights, or any vitiate consent associated with any Content that the Advertiser published on the Website.
6.3 Restrictions on the nature of the Content that the Advertiser may publish on the Website
The Advertiser hereby undertakes to publish Content that does not violate any of the following requirements:
- Any Content that a reasonable person may consider to be crude, obscene, indecent or vulgar;
- Any Content that is sexually suggestive or that is against good moral standards;
- Any Content, which, in the opinion of a reasonable person, constitutes a privacy violation of a person, a violation of the physical or moral integrity of a person, or constitutes Content that is defamatory, abusive, racist , violent, hateful or intimidating;
- All Content that can be considered as ethnic slurs or homophobic nature or prejudicial to any religion or spiritual belief, as well as any attacks against a person or against a specific group of persons;
- Any Content which, in the opinion of a reasonable person, incites, facilitates or encourages the commission of a criminal offense or gives rise to civil liability or otherwise violates any laws, regulations, orders or decrees whether they be federal, provincial or municipal (including drug or alcohol use by minors).
6.4 Removal of Advertisements not conforming to this Agreement
In the case of violation of any of the conditions set forth herein, 9217 reserves its right to remove from the Website, at its sole discretion, any Advertisement which has Content that is considered to be contrary to the terms or spirit of this Agreement, without any notice and without any possible recourse. If said Advertisement is amended by the Advertiser, and this, to the satisfaction of 9217, the Advertisement may be republished on the Website.
7. REFUNDS AND MODIFICATIONS TO AN ADVERTISEMENT
The Package is not refundable under any circumstances.
The Advertiser may, at its sole discretion, remove or modify any of his Advertisements during the period of the Package, subject to the terms and conditions set forth herein.
Should any claims arise from a third party or a Visitor against 9217 relating, directly or indirectly, to the Advertisement or the Property, the Advertiser hereby undertakes to indemnify and hold armless 9217 from such claims and to indemnify 9217 from any loss that may arise from such claims.
The Advertiser can neither give, nor alienate, nor transfer to anyone his/her Package without the express consent of 9217. The Advertiser acknowledges and agrees that 9217 may transfer at any time, to a third party, his/her rights and obligations under this Agreement, without having to obtain additional consent from the Advertiser at the time of transfer.
10.1 This Agreement is governed and interpreted in accordance with the laws of the Province of Quebec and the federal laws applicable therein. The Advertiser and 9217 agree to choose the judicial district of Saint-Hyacinthe, Quebec, as a suitable place for the hearing or for any legal proceedings that may arise from any claim or lawsuit for any reason whatsoever in connection with the Agreement, excluding any other judicial district that may have jurisdiction over such litigations according to law.
10.2 This Agreement may be modified or changed in whole or in part with the consent of 9217, but any changes or modifications would take effect only when these are acknowledged in writing and signed by all the parties hereto.
10.3 Each provision of this present Agreement is distinct and severable and a declaration of invalidity or unenforceability of any provision or part of a provision by a competent court will have no effect on the validity or enforceability of any other provision of the Agreement.
10.4 With the exception of the provisions of the Agreement where it is otherwise stated, any notice required hereunder is sufficient if it is recorded in writing and sent by email to the other party, by asking for acknowledgement of receipt from the recipient, proving that such notice has actually been received. The email address of the Advertiser is deemed to be the one provided during the subscription to the Package. The email of 9217 is as follows: firstname.lastname@example.org.
10.5 The preamble and the TERMS AND CONDITIONS of the Website are an integral part of the Agreement.
BY CLICKING "I AGREE" THE ADVERTISER ACCEPTS AND AGREES TO ALL OF THE PROVISIONS OF THIS PRESENT AGREEMENT AND HE/SHE AGREES TO TAKE ALL NECESSARY MEASURES TO COMPLY WITH ITS APPLICATION.