The Service

VestorFilter.com LLC will provide a branded IDX real estate website on an annual contract, connecting with the MLS system of the Customer’s choice, for the Customer’s use while under annual contract, a website that includes the online features as advertised on VestorFilter.com. VestorFilter.com will also create Google Ad campaigns on behalf of the Customer to drive traffic to the website created. The Customer here agrees that the website will not be used by more users than their chosen plan below allows for.

Payment methods

Payment will be made to VestorFilter.com LLC via approved credit card.

No refunds

The yearly plan fee VestorFilter.com LLC charges is non-refundable. 

Termination of Contract

The term of the Contract runs for twelve months at a time. The Customer can choose not to renew, but must give a 14-day termination notice before the next scheduled billing yearly cycle. The Customer cannot receive a full or partial refund for a yearly plan that has already begun. The Customer here agrees that any credit card disputes for annual plans already begun will be won by VestorFilter.com LLC. After each yearly payment the fees are non-refundable. 

Do not renew notices must be emailed to [email protected].

Setup, Customization, and Errors

Customer acknowledges that unavoidable delays in setup can come from slow MLS response times in providing VestorFilter.com LLC with the information it requires to create the website. All setup estimates are approximate and setup delays under 90 days remain within agreed upon contract terms. Setup requires no approval from the Customer. VestorFilter.com LLC will do their best to brand the website to the Customer’s taste within the setup window.

After the setup is determined complete by VestorFilter.com LLC, the customer can use tickets to resolve any discovered errors with the website, but any further customization of the website will be billed to the Customer at $75 an hour, prior to the start of work, subject to VestorFilter.com LLC availability. 

Customer and VestorFilter.com LLC both acknowledge that website outages and errors can happen on occasion and do not constitute a breach of contract. Additionally, the Customer is provided with 2-3 support tickets a month per website depending on their plan to help address any bugs or errors that might arise.

Plan Choice

The Customer chooses this annual plan (initial one):

Single Agent or Small Team (1-9 Users)  _____    

Teams Over Ten (10-50 Users)  _____ 

Brokerage (Up to 200 Users) _____  

Add-ons

The customer here can initial to agree to contract add-ons. No add-ons are required.

Add on Table:

	One-time Setup Fee Increase	Yearly Increase	Estimate setup time increase.	Customer Initials to agree
Add a second MLS	$0	$500	15 days
More than 200 Agents	$200 per __ extra  50 agents.	$1,000 year per __ extra 50 agents.	5 days per extra 50 agents.
Additional Google Ad Spend	$0	$1,000 extra a year, produces $900 additional direct ad spend.  Spend $______ extra a year.
EXCLUSIVITY		$500 per county  _______ Or $2,000 per MLS ________
TOTAL ADDON COSTS			Total setup time estimate:

 

Modifications

The Customer and VestorFilter.com LLC must mutually agree to any changes to this contract in writing.

Licensing and Content

VestorFilter.com LLC promises that it holds all licenses necessary to perform the work, that such licenses are valid and effective as of the date any work is performed or services provided, and that all work performed or services provided will be done in compliance with all applicable federal, state, or local laws and regulations.

VestorFilter.com LLC retains full ownership of any websites it creates and all content therein. If the Customer creates content (such as blog articles and personal branding items) on the site, they can request we delete all content they have created prior to a terminated contract. Customers can request all exportable user data on the site prior to termination and VestorFilter.com LLC will provide a CSV value data sheet. VestorFilter.com LLC will not provide any additional data after termination.

All Customers are required to use the website in accordance with all applicable federal, state, and local governing laws and regulations. If there are any laws or regulations VestorFilter.com LLC should be aware of in creating the site, it is the responsibility of the Customer to inform VestorFilter.com LLC through [email protected]. In no way is VestorFilter.com LLC liable for the Customer’s use and branding of the website.

Notice: Stephen Fitzmaurice is a licensed Principal Broker in Oregon, Managing Broker in Washington with eXp Realty, LLC and is an owner of VestorFilter.com LLC.

VestorFilter.com LLC is operated out of the state of Oregon and falls under Oregon State’s jurisdiction. Any contract disputes will be decided in Oregon.

Confidentiality

Customer and VestorFilter.com LLC acknowledge and agree that the Specifications and all other documents and information related to the development of the website and Google Ad campaigns (the “Confidential Information”) will constitute valuable trade secrets of VestorFilter.com LLC. Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without VestorFilter.com LLC’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

Limited Warranty and Limitation on Damages

Customer waives any warranty, express or implied. Customer waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid to VestorFilter.com LLC.

Independent Contractor

VestorFilter.com LLC shall be retained as independent contractor. VestorFilter.com LLC will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax, social security tax, or any other payroll taxes on VestorFilter.com LLC’s behalf. VestorFilter.com LLC understands that it will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.

Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Exclusive jurisdiction and venue shall be in the State of Oregon.

Binding Effect

This Agreement shall be binding upon and inure to the benefit of Customer and VestorFilter.com LLC and their respective successors and assigns, provided that VestorFilter.com LLC may not assign any of its obligations under this Agreement without Customer’s prior written consent.

No Right to Assign

Customer has no right to assign, sell, modify or otherwise alter this Agreement, except upon the express written advance approval of VestorFilter.com LLC which consent can be withheld for any reason.

Indemnification

Customer warrants that everything it provides VestorFilter.com LLC to employ on the website or in the Google Ad campaigns is truthful, legally owned, or licensed to Customer. Customer agrees to indemnify and hold VestorFilter.com LLC harmless from any and all claims brought by any third party relating to any aspect of the website or Google Ad campaigns, including but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the website or Google Ad campaigns. Customer agrees to indemnify VestorFilter.com LLC from responsibility for problems/disruptions caused by third-party services that Customer may use, such as merchant accounts, shopping carts, shipping, hosting services, real-time credit card processing and other services that relate to the ownership and operation of the website or Google Ad campaigns.

Use of Material for Promotional Purposes

Customer grants VestorFilter.com LLC the right to use its work in producing the website and Google Ad campaigns for promotional purposes and/or to cross-link it with other advertising and products developed by VestorFilter.com LLC. Customer grants VestorFilter.com LLC the right to list, reference or otherwise identify Customer as a customer of VestorFilter.com LLC in VestorFilter.com LLC’s advertising and marketing.

No Responsibility for Loss

VestorFilter.com LLC will have no responsibility for any third party disrupting, intruding or otherwise copying files in part or in whole on all or any part of the work performed for the website or Google Ad campaigns. VestorFilter.com LLC is not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of the Google Ad campaigns under this Agreement.

Right to Make Derivative Works

VestorFilter.com LLC will have the exclusive rights in making any derivative works from any of its work, practices, coding, programming or other work in regards to the website or Google Ad campaigns.

Attorney’s Fees

In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.

Authority to sign

Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.

VestorFilter.com LLC Owner:

X

Customer

X