By using Social Agent Broker Edition's services and accessing tools offered by Social Agent Broker Edition and Smart Alto, you acknowledge and agree that you are subject to the following terms and conditions. Please read these terms and conditions carefully, as they contain important information about limitations of liability and other items affecting your service with Social Agent Broker Edition. If you do not fully agree with these terms and conditions, you should notify Social Agent Broker Edition immediately and consult with an attorney prior to signing the Sales and Services Agreement.
The Sales and Service Agreement ("Agreement") is entered into as of the day it is signed (the "Effective Date") by and between RSPW Holdings, LLC – Series A, a Texas serial limited liability company, doing business as Social Agent Broker Edition (the "Company"), and the individual or entity who signs the Sales and Service Agreement ("Client"), each a "Party" and collectively, the "Parties."
1. TERM: The Agreement commences as of the Effective Date and will continue on a month to month basis until one party terminates the Agreement with at least 30 days written notice, provided in accordance with the Notice section of these Terms and Conditions. If Notice is provided with less than 30 days notice, but more than 15 days, an early termination fee of $250 will apply. If Notice is provided with less than 15 days notice, an early termination fee of $500 will apply.
2. SERVICES: Company agrees to provide the following to the Client (hereinafter referred to as the "Services"):
a. Company, using proprietary systems and processes, will generate real estate buyer and seller leads for Client.
b. Company, using proprietary systems and processes, will utilize follow-up systems consistent with the real estate sales industry to follow-up with real estate leads generated for Client in order to assist with converting leads into viable customers for Client.
c. Generate leads in a specific area, as designated by Client, with approval from Company.
d. Company will provide an average of twenty (20) to forty (40) leads per month, as calculated over the course of a rolling twelve (12) month period, for Client. Client understands that monthly lead totals may change and fluctuate based on factors outside of the Company's control, including, but not limited to, the time of year, saturation in the market place, natural disasters, competition, etc.
e. Lead, in its singular and plural forms, shall mean obtaining the contact information of an individual who responds to a solicitation for information via a real estate ad.
3. COMPENSATION: In exchange for Services, Client agrees to pay Company as per their Sales and Service Agreement.
4. UPGRADES: Client, now or in the future, may opt to upgrade their Services and Compensation as follows:
a. Increase their average amount of minimum leads by ten (10) per month for three-hundred-forty-nine dollars ($349), no limit.
5. DISCOUNTS: Client may opt, at their discretion, to commit to a contract of six (6) or twelve (12) months in exchange for a discount, as noted in the contract. Discounts and Contracts are subject to these Additional Terms and Conditions.
6. REPRESENTATIONS: Parties makes the following Representations to one another:
a. Leads generated for Client will be exclusive to that Client and will not be shared with others sharing the Clients same profession.
b. Leads will be generated in an area that is selected exclusively by Client, with approval from the Company, and Company will not generate leads for multiple clients of the same profession in the same area.
c. Client acknowledges that Company cannot and will not guarantee conversion of any lead into a customer or client and that Client is responsible for their own conversions.
d. Client acknowledges that the company incurs monthly costs associated with their account and that all sales are final, and no refunds will be provided, approved, or considered.
e. Client acknowledges that Company is not a party to any transaction that occurs between Client and a Lead.
f. Client agrees not to alter the Company's systems, directly or indirectly, in any way, or retrieve, or attempt to retrieve, proprietary information that relates to the company.
7. GOVERNING LAW/VENUE. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AGREEMENTS MADE IN AND WHOLLY PERFORMED IN THAT JURISDICTION, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THE PARTIES HERETO EXPRESSLY SUBMIT AND CONSENT TO THE JURISDICTION OF THE COURTS PRESENT IN THE STATE OF TEXAS, COUNTY OF BASTROP, IN ANY ACTION BROUGHT TO ENFORCE (OR OTHERWISE RELATING TO) THIS AGREEMENT.
8. NOTICES: Any notices or communications required or permitted to be given by this Agreement must be (i) given in writing, and (ii) be personally delivered or mailed by prepaid mail or overnight courier, electronic mail, or by facsimile transmission delivered or transmitted to the party to whom such notice or communication is directed, to the address of such party as follows, or any other address provided to the other parties to this Agreement:
Social Agent Broker Edition
499 Hwy 71 West #102
Bastrop, TX 78602
Contact information provided on Sales and Service Agreement
9. CONSTRUCTION: Whenever the context requires, the gender of all words used in this Agreement include the masculine, feminine and gender neutral and the singular includes the plural, and vice versa.
10. ENTIRE AGREEMENT/SEVERABILITY: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereon, and all prior agreements, representations, statements, negotiations, and undertakings are superseded. No provision of this Agreement may be amended, modified or waived unless such amendment, modification, or waiver is agreed to in advance, in writing, and signed by the Parties. In the event that any provision of this Agreement or the application thereof shall be determined to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
11. HEADINGS: The headings used in this Agreement are for the convenience of the Parties only and shall not be considered in interpreting the meaning of any provision of this Agreement.
12. ADDITIONAL TERMS AND CONDITIONS: Clients who wish to enter into a contract with the Company should be aware that the following conditions and stipulations apply:
Updated May 15th, 2019