Terms & Conditions

1. Scope and Contractual Basis

Welcome to EstateDealFlow! These Terms and Conditions govern the legal relationship between our real estate deal flow management organization and our clients. They are an essential part of every deal flow guidance contract and apply to all types of deal flow guidance, market analysis, and planning services that we offer for individual professionals and property specialists in Canada.

2. Deal Flow Guidance Relationship and Service Agreement

2.1. Contract Formation – A deal flow guidance relationship is established through the explicit acceptance of a guidance assignment by EstateDealFlow. An initial inquiry or consultation does not yet establish a binding guidance relationship.
2.2. Client Cooperation – The client commits to providing all information and documents relevant to their deal flow and business matters completely and truthfully and to inform EstateDealFlow about all relevant developments regarding their deal flow situation that could influence our services.
2.3. Service Scope – The specific guidance obligation arises from the individual deal flow guidance contract. Unless expressly agreed otherwise, the services do not include legal representation before courts or specialized services that require external providers.
2.4. Deal Flow Communication – The client agrees to communication via email, telephone, and other electronic means, unless otherwise agreed in writing. EstateDealFlow ensures professional deal flow communication in accordance with Canadian guidance standards.

3. Fees and Deal Flow Service Billing

3.1. Fee Agreement – Unless otherwise agreed, fees are calculated based on the chosen deal flow guidance package plus additional services and applicable taxes.
3.2. Service Deposit – EstateDealFlow is entitled to request an appropriate deposit for reserving and providing deal flow guidance services. The initiation or continuation of services may be made dependent on payment of a deposit.
3.3. Invoicing – Invoicing is generally done monthly or according to agreed payment plans for deal flow guidance services. Invoices are to be settled within 14 days of the invoice date without deduction.
3.4. Additional Guidance Expenses – In addition to regular deal flow guidance fees, necessary expenses such as market research costs, procurement costs, external consultation costs, and business travel expenses may be billed separately.

4. Liability and Warranty

4.1. Liability Limitation for Deal Flow Guidance Services –

EstateDealFlow is liable for damages only in cases of intent and gross negligence in the provision of deal flow guidance services.
Liability for slight negligence is limited to an amount of CAD 750,000 per damage case.
This liability limitation does not apply to personal injury or in cases of mandatory legal liability.
4.2. Limitation Period – Claims for damages against EstateDealFlow become time-barred within one year from the time when the client became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

5. Deal Flow Confidentiality and Professional Secrecy

5.1. Confidentiality – EstateDealFlow commits to strict confidentiality regarding all deal flow information and personal data that become known during the guidance relationship.
5.2. Reference Mention – The client agrees that EstateDealFlow may mention them or their organization as a reference, unless expressly agreed otherwise. This does not include specific details about the client's deal flow matters or internal organizational strategies.
5.3. Data Protection – The processing of personal and deal flow-related data is carried out in accordance with our separate Privacy Policy, which is an essential part of these Terms and Conditions.

6. Termination of the Guidance Relationship

6.1. Right of Termination – The guidance relationship can be terminated by both the client and EstateDealFlow with a notice period of 30 days, unless otherwise specified in the deal flow guidance contract. In the case of significant changes in service requirements, a different notice period may be agreed.
6.2. Final Invoice – After termination of the guidance relationship, EstateDealFlow creates a final invoice for deal flow guidance services not yet billed and expenses. Advance payments are credited according to our refund policy.

7. Refund Policy

EstateDealFlow commits to fair and transparent billing practices for all deal flow guidance services. Our refund policy considers circumstances under which prepaid services could not be utilized:

Initial Consultation Fee – For all deal flow guidance services, there is a non-refundable initial consultation fee of CAD 400 to cover preliminary deal flow assessment and administrative setup.
Service Cancellation by Client – For deal flow guidance cancellations where deal flow work has already begun, a proportional refund based on the percentage of completed work minus administrative fees is provided. For deal flow strategy preparation services, no refund is available once drafts have been presented to the client.
Temporary Service Interruption – Clients can pause certain ongoing deal flow guidance services for a period of up to 3 months without completely terminating the contract, provided this is communicated in writing at least 21 days in advance. Monthly deal flow guidance fees are reduced by 40% during this time.
Service Adjustments – Switching to a lower deal flow guidance package may include an adjustment fee and requires a notice period of at least 45 days. Upgrades to more comprehensive deal flow guidance services can be made at any time without additional fees.
Service Interruptions – For deal flow guidance interruptions caused by EstateDealFlow that last longer than 72 hours, clients are entitled to a proportional fee waiver for the downtime plus an additional credit of 15% of the monthly service fee as compensation.
Force Majeure – In the event of interruptions due to force majeure (natural disasters, pandemics, strikes, etc.), EstateDealFlow will endeavor to find alternative deal flow solutions without being obligated to provide refunds.

All refund requests must be submitted in writing to billing@estatedealflow.com. Processing of refunds typically takes 7-10 business days from the date of the approved request.

8. Compliance and Deal Flow Ethics

8.1. Deal Flow Ethics – EstateDealFlow commits to compliance with all applicable regulations in the field of deal flow guidance for individual professionals. The client agrees to cooperate in necessary review measures and provide required deal flow information and documents, if applicable.
8.2. Conflicts of Interest – EstateDealFlow reserves the right to decline or terminate guidance relationships if conflicts of interest exist or arise during the guidance relationship that could impair the quality of our deal flow guidance services.

9. Legal Provisions

9.1. Applicable Law – The guidance relationship and all related claims are subject exclusively to Canadian law.
9.2. Jurisdiction – Jurisdiction for all disputes arising from or in connection with the guidance relationship is, insofar as legally permissible, Toronto, Canada.
9.3. Severability Clause – Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. Invalid provisions are replaced by those that come closest to the economic purpose.