SERVICE AGREEMENT
This Service Agreement (the “Agreement”) is entered into on
____________ (the “Effective Date”), by and between
_______________________________ of
____________(the “Service Provider”) and
__________________ with an address of
____________________(the “Client”), collectively “the Parties”.
- Purpose
Seller owns the property located at __________ (the “Property”) or
Buyer would like to acquire property located at: ________. Service
Provider is in the business of providing a real estate listing platform that provides Client
a platform to input all property data into platform to market, reverse auction style
technology, and automated buyer updates and ‘watch-list’ for buyer notifications. Client
desires to engage the Service Provider to either sell or purchase property the Property. - Compensation
The Parties agree that Service Provider shall be compensated as follows:
2.1 For Sale by Owner, $ 997, $ 1997, $ 3000 or variable fee based on service
provided.
2.2 For Wholesaler- $ 497, $ 3000 + variable fee based on service provided
2.3 For Agent, $ 497
Payment will be due before the commencement of the services and payment methods
acceptable include: ________________ - Term
This Agreement shall commence upon the Effective Date and continue effectively for 90
days. - Termination
This Agreement may be terminated at any time by either Party upon 30day’s written
notice to the other Party. Additionally, this Agreement may be terminated if either party
breaches the terms of this Agreement. - Relationship between Client and Service Provider
The relationship of the Parties to this Agreement shall be that of independent contractor,
it shall not constitute a partnership, joint venture or agency. Neither Party shall have the
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authority to make any statements, representations or commitments of any kind, or take
any action, which shall be binding on the other Party, without prior consent of such other
Party.
- Representations and Warranties
Both Parties represent that they are fully authorized to enter into this Agreement. The
performance and obligations of either Party will not violate or infringe upon the rights of
any third-party or violate any other agreement between the Parties, individually, and any
other person, organization, or business or any law or governmental regulation. - Indemnity
The Parties each agree to indemnify and hold harmless the other Party, its respective
affiliates, officers, agents, employees, and permitted successors and assigns against
any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses,
reasonable legal fees and costs of any kind or amount whatsoever, which result from
negligence of or breach of this Agreement by the indemnifying party, its respective
successors and assigns that occurs in connection with this Agreement. This section
remains in full force and effect even after termination of the Agreement by its natural
termination by either party. - Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER
PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART
OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUES OR
ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF
DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A
PARTY’S NEGLIGENCE OR BREACH. - Severability
In the event any provision of this Agreement is deemed invalid or unenforceable, in
whole or in part, that part shall be severed from the remainder of the Agreement and all
other provisions should continue in full force and effect as valid and enforceable. - Waiver
The failure by either party to exercise any right, power or privilege under the terms of
this Agreement will not be construed as a waiver of any subsequent or further exercise
of that right, power or privilege or the exercise of any other right, power or privilege. - Dispute Resolution
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Any disputes arising between the Parties shall be solved in good faith through
mediation.
- Legal and Binding Agreement
This Agreement is legal and binding between the Parties as stated above. This
Agreement may be entered into and is legal and binding in the United States. The
Parties each represent that they have the authority to enter into this Agreement. - Governing Law and Jurisdiction
The Parties agree that this Agreement shall be governed by the North Carolina laws. - Entire Agreement
The Parties acknowledge and agree that this Agreement represents the entire
agreement between the parties. In the event that the Parties desire to change, add, or
otherwise modify any terms, they shall do so in writing to be signed by both parties.
The Parties agree to the terms and conditions set forth above as demonstrated by their
signature as follows:
“SERVICE PROVIDER”
Signed: ______________
By: _______________
Date: _______________
“CLIENT”
Signed: ____________
By: _____________
Date: ______________
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