Terms of Use

 

1. EMPOWER COMPANY AS AN INDEPENDENT CONTRACTOR
 
The company, in rendering the services provided herein, is acting as an independent contractor and is not a mandatory or agent of the Agent in any way. Company shall be free to perform the services required hereunder at such times, in such places and in such manner, as it shall deem appropriate, consistent with this Agreement.
 
2. SERVICES AND PRICING
 
Empower will provide services in association with Contract to Close and Listing Services that are involved in a Real Estate transaction. All services rendered by the Company will be shown below, incorporated herein by reference. We have Agents’ express permission to communicate directly with all clients, parties, vendors, etc associated with the transactional business in which we are engaged. This will serve the purpose of coordination, updates, service orders, and all other necessary communication.
 
3. COLLECTION OF FEES
          
We will collect all fees through third-party secure services, and collect fees as follows: 
·     Listing and Offer Prep Services will be charged at the time the service is submitted by the agent. This will be charged to Agent’s credit          card on file with Empower.
·     Contract to Close services will be collected on the date of closing for the property. 
·     The agent must keep a valid credit card on file with Empower.
·     If Agent Billing Preference is CDA/DA and, if for any reason, the fee due to Empower is not included on the CDA/DA and/or not paid by        Title to Empower, Empower will charge the Agent credit card on file

·     If for any reason the Agent’s credit card cannot process, there will be a $30 charge after 72 hours.
·     Agents, Teams, and Brokerages on a Monthly Recurring Plan will adhere to the billing agreement set out in your initial agreement.

4. TERM AND TERMINATION

The term of this Agreement shall commence on the Effective Date and continue for an initial term of twelve (12) calendar months unless earlier terminated. This will lock in pricing and services for the duration of the agreement. Any changes in pricing or services will be provided by Empower to Agent 30 days prior to the changes. Either Party may terminate this Agreement, at any time, by providing a (30) days written notice to the other Party, unless another termination date is mutually agreed upon by both parties in writing.

5. LIMITATION OF COMPANY LIABILITY FOR COMPANY.

Agent expressly stipulates and agrees that Company assumes no liability for Agent’s fiduciary duty or contractual obligations owed to Agent’s clients under Texas law; Company, therefore, shall not be liable to Agent, Agent’s clients, servants, employees, contractors, or any other persons for damage caused by any act or omission of Agent, Agent’s agents, servants, employees, or contractors in relation to any real estate transaction. Agent hereby agrees to protect, defend, indemnify and hold Company, Company’s employees, officers, directors, successors, and assigns harmless from and against all losses, costs, liabilities, claims, damages, and expenses of every kind and character, as incurred, resulting from or relating to or arising out of Agent’s fiduciary duty or contractual obligations owed to Agent’s clients under law and for any damage caused by any act or omission of Agent, Agent’s agents, servants, employees, or contractors in relation to any real estate transaction or Agent’s representation of any client, however, characterized. The Parties stipulate and agree that Agent is exclusively responsible for all aspects of Agent’s representation of its clients.

6. ENFORCEMENT.

If any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement is initiated, the prevailing party shall be entitled to recover reasonable and necessary attorney’s fees, costs, in addition to any other relief to which the prevailing party may be entitled.