Terms And Conditions | Virtual Assistant For Realtors Toronto

Terms And Conditions

These terms of service set forth the general terms and conditions of your use of the Website and our Services and are in addition to (not in lieu of) any other terms of use posted on https://redrover.ca, and linked from our Terms and Conditions page at https://redrover.ca/pages/terms-and-conditions, which together constitute the entire Agreement (the "Agreement") between us and you ("you"). By accessing or using the Service, you (together with all persons accessing or using the Service, collectively, the "Customers") signify that you have read, understand and agree to be bound by this Agreement in all respects with respect to the Website, our provision of the Service, and your use of them.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

  1. The Customer is of the opinion that Red Rover has the necessary qualifications, experience and abilities to provide services to the Customer.
  2. Red Rover is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement (the “Business”).

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and Red Rover (individually the "Party" and collectively the "Parties" to this Agreement), agree as follows:

CUSTOMER’S RESPONSIBILITIES

The Customer shall:

  1. Be solely responsible and liable for any and all software costs for or relating to software which the Customer requires Red Rover and its representatives to use during the term of this agreement and the Customer is hereby warrants to Red Rover that all software to be used by Red Rover has a valid license for use by the Customer;
  2. Provide Red Rover with accurate and complete information necessary to complete all tasks Red Rover is required by the Customer to complete under this agreement.

CURRENCY

  1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this agreement are in CAD (Canadian Dollars).

SERVICES PROVIDED & COMPENSATION

  1. Should a Rover assigned to the Customer no longer work with Red Rover, Red Rover will contact the Customer to give the Customer the choice to work with another Red Rover Administrative Professional.
  2. Red Rover has provided the Customer with a detailed list of the Red Rover professional and other services available to the Customer and the Customer acknowledges receipt of same, a copy of which is attached as Schedule B to this agreement.
  3. The Customer agrees to have Red Rover provide and Red Rover agrees to provide any or all of the following services, as defined and described in Schedule B: Virtual Services, Unlicensed Road Work, Licensed Work, Real Estate Representation (Note: we are not a real estate brokerage) (“the Services”). The Services will also include any other tasks which the Parties may agree on, in advance. The Service Provider hereby agrees to provide such Services to the Customer.
  4. Red Rover will charge the Customer for the Services at the following rates:
    • $40.00 per hour for Virtual Work (1 hour minimum)
    • $45.00 per hour for Unlicensed Road Work (1 hour minimum)
    • $60.00 per hour for Licensed Road Work (two hours minimum; travel time is calculated door to door)
  5. The rates set forth in Sections 12. above are subject to change, and you will be notified 30 days in advance of any change.
  6. Red Rover will invoice the Customer for the Services every two weeks and all invoiced amounts are due and payable in full to Red Rover upon receipt of the Customers receipt of an invoice. This will be paid by the Realtor, not the Brokerage
  7. The rates set forth in Sections 12. above do not include applicable HST or any other sales tax or applicable duties as may be required by law. HST and any sales tax and duties required by law will be charged to the Customer in addition to the said rates.
  8. The Customer shall reimburse Red Rover from time to time for reasonable and necessary expenses incurred by Red Rover to provide and/or complete the Services and all expenses charged must be pre-approved by the Customer.
  9. The Customer understands and agrees that the Licensed Rover doing the job will not necessarily be from the same brokerage and all appointments are required to be booked with the Licensed Rovers credentials to stay in compliance with liability insurance.

CONFIDENTIALITY

  1. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and Customer records which are not generally known in the industry of the Customer, and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
  2. Red Rover agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which Red Rover has obtained, except as authorized by the Customer or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
  3. All written and oral information and material disclosed or provided by the Customer to Red Rover under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to Red Rover.

OWNERSHIP OF INTELLECTUAL PROPERTY

  1. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Customer. The use of the Intellectual Property by the Customer will not be restricted in any manner.
  2. Red Rover may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Customer. Red Rover will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

RETURN OF PROPERTY

  1. Upon the expiry or termination of this Agreement, Red Rover will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer.

CAPACITY/INDEPENDENT SERVICE PROVIDER

  1. In providing the Services under this Agreement it is expressly agreed that Red Rover is acting as an independent contractor at arm’s length from the Customer and is not either a dependent contractor or an employee. Red Rover and the Customer acknowledge and agree that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for services.

AUTONOMY

  1. Except as otherwise provided in this Agreement, Red Rover will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement.

NO EXCLUSIVITY

  1. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

INDEMNIFICATION

  1. The Customer expressly agrees that any and all claims the Customer may have against our Red Rover, its Rover(s) and/or its professional staff arising out of the Services provided by Red Rover to the Customer, whether in contract, negligence, or otherwise known to law, shall be regarded as one claim, and any proven liability by Red Rover to the Customer shall be limited to the total amount of Red Rovers invoices delivered to the Customer prior to the date of the Customers claim.

OUR STAFF AND INDEPENDENT CONTRACTORS

  1. The Customer will not during the term of this agreement and for a period of twenty-four (24) months following the date of termination of this agreement, whether for the Customer’s own account or for the account of a third party, directly or indirectly, offer, hire, contract, partner or financially associate with anyone representing Red Rover or working with the Customer on behalf of Red Rover. If Red Rover determines, in its sole discretion, that the Customer has breached or violated the terms of this section, then upon written notice of such violation or breach of contract from Red Rover, the Customer agrees to pay to Red Rover an amount equal to the total of gross amount in invoices rendered to the Customer by Red Rover during the immediate past two years from the date of notice, or $10,000, whichever amount is the greater, as liquidated damages running from the said violation or breach and not as a penalty.

MODIFICATION OF AGREEMENT

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

GOVERNING LAW

  1. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario.

SEVERABILITY

  1. If any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

  1. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

ONTARIO CONSUMER PROTECTION ACT, 2002

Your Rights under the Ontario Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for canceling during this 10-day period.

If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.


CANCELLATION POLICY 

1 hour fee will apply to cancellations with less than 24 hours’ notice and more than 4.

A 2 hour fee will apply to cancellations with less than 4 hours notice.

  1. Cancelling Real Estate Concierge Services. A Requesting User may cancel a Request without penalty before receiving a notification that a Real Estate Concierge Service Professional has Accepted the Request. Any cancellation by a Requesting User or Real Estate Concierge Service Professional for any reason whatsoever, must comply with the Guidelines. Any cancellation made in violation of the Guidelines will incur late fees, and or penalties, as provided herein or as we determine, in our sole discretion. All cancellation fees will be provided in the Guidelines (https://www.redrover.ca/pages/terms-and-conditions). We reserve the right to change, modify, increase, or decrease the amount and terms of the cancellation fees at our discretion from time to time. If we choose to do so, we will notify you by posting the update to the Website.


  1. Cancellation by a Real Estate Concierge Service Professional. A Real Estate Concierge Service Professional may cancel a Job within a grace period (as provided in the Guidelines) after Accepting the Job or in extenuating services. If a Real Estate Concierge Service Professional cancels your Job, we will take reasonable efforts to match your Real Estate Concierge Service Request with an alternate Real Estate Concierge Service Professional but is under no obligation to do so.