SimplyTC Terms of Service.

Effective Date: November 10, 2021 Last Updated: August 15th, 2023

Please read the terms of service ("Terms") carefully before using or accessing our services.

By completing the registration process or executing a separate written agreement provided by SimplyTC Inc. ("SimplyTC"), you agree to be legally bound by these Terms. The Terms apply to the use of our services by Real Estate Professionals, including but not limited to Real Estate Agents, Advisors, Assistants, Brokers, and any other user who completes the registration process at https://simplytc.net/agent-registration.

BETWEEN: SimplyTC ("Service Provider"), a California corporation organized and existing under the laws of California, USA, with its head office located at SimplyTC, 579 Fieldcrest Drive, Healdsburg, CA 95448

AND: Desired USER, referred to as "Client," seeking to engage SimplyTC as an intermediary to facilitate the professional relationship between the Client and Independent Transaction Coordinators.

WHEREAS, the Service Provider is engaged in the development, supply, and operation of products and services relating to the connection between Real Estate Professionals and Transaction Coordinators to assist USERS with the timely and diligent completion of real estate transactions.

WHEREAS, this Agreement contains the Service Provider's terms of engagement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto, intending to be legally bound, agree as follows:

SERVICES PROVIDED The Service Provider is prepared to provide the following professional services between SimplyTC Services to Real Estate Professionals (USERS) and Independent Service Providers (Transaction Coordinators):

Create, supervise and manage the working relationship between the USER and Independent Real Estate Transaction Coordinator as a digital intermediary.

Handle the payment processing between the two parties through a secure third party billing software system.

Provide digital licenses to Independent Transaction Coordinators in order to access professional third party software in order to serve USERS properly.

SimplyTC acts as a business intermediary for USERS and Independent contractors. The relationship between SimplyTC and the Independent Transaction Coordinators is regulated by an external agreement.

Independent Transaction Coordinators Contractor Services provided to Real Estate Professionals (USERS) to include the following:

COMMUNICATION. Your TC will coordinate all communication between the buyer, seller, escrow company and agents. All conversations are meticulously organized for broker compliant communication logs. Maintain constant contact with all parties involved for status updates as well as outstanding items. SimplyTC will conduct calls, interviews and email campaigns aimed at improving our services.

CONTRACT REVIEW. Process all documents, securely while keeping everyone informed - Introduction email will be sent providing deadlines and a copy of executed contract to Listing Agent, Buyers Agent, Buyer/Seller (as directed by agent), Lender, Title Company and/or Attorney. Ensure everything is fully executed with proper dates, initials, signatures; broker information is completed, reach out for corrections as necessary, and monitor all compliance with the contract. Submit all required documents to designated TMS within 48 hours of execution, send/request disclosure packages and gather signatures.

ESCROW MANAGEMENT. Provide support and communicate with escrow to ensure the Lender, Title Company, and Broker receive any amendments or changes to the contract, Contact title company for a copy of the EMD check receipt or remind buyer to wire as necessary and email receipt to co-op agent and include in compliance file, keep in contact with the title company and lender throughout the transaction.

SELLERS DISCLOSURE PACKAGE. Build pre-listing sellers required disclosures file according to all state and local disclosure requirements. Collect HOA documents in accordance with deadlines, order Home Warranty per contract.

MONITOR DEADLINES. Create a timeline workflow to track critical dates for contractual obligations and contingency removals, update deadlines from amend-extends, coordinate and monitor status of buyers loan with Loan Officer, confirm inspection has been set up in accordance with offer deadline, monitor appraisal timeline and completion with lender, remind agent to draft Commission Demand request, check-in with the Lender regarding the appraisal and any work orders or appraised value issues, order required reports from 3rd parties such as NHD, Home Warranty and Inspection Coordination, confirm final walk-through, schedule closing appointment for client and agent if applicable, confirm closing date and time has been set up with the seller/buyer agents, confirm final recording and alert agents, conduct a final audit of file 7 days prior to closing to ensure all documents are uploaded and the file is complete, upload Final HUD / CD to online transaction management service for agent compliance.

CLOSING. Ensure represented clients are provided a copy of all fully ratified documents, upload all disclosures, documents, and reports into agents online transaction management service as they are received and fully executed throughout the transaction.

*Different terms may apply to Arizona Realtors, click here for more information.

CLIENT RESPONSIBILITIES

The Client agrees to cooperate with the Transaction Coordinator (TC) to provide all requested information and materials necessary for the TC to complete the services.

Client agrees to provide, at a minimum, the following (as applicable): A copy of the fully executed Purchase and Sale Agreement or other contract document commencing the real estate transaction with the Service Request; and

Client acknowledges and agrees that ongoing communication throughout each real estate transaction is essential for the performance of TC’s duties and agrees to provide all information requested by TC and keep TC informed of developments in a timely manner.

CALCULATION OF FEES & CHARGES

In order to maintain the highest level of security, all Payments are processed via “Stripe”, a third-party payment processing software.

*Please Note: The Transaction Coordination total fee is collected in 2 payments and a $5 admin fee is applied to every transaction for cc processing.

General Pricing: $350 Pay-per-transaction (Outside-California)

$100 Due upon opening the transaction *Non-refundable

$250 Due when Transaction closes escrow

Dual Agency fee: IF the same agent is representing both the Buyer & Seller in the transaction an Additional fee of $150 is applied ONLY for dual agency Transactions.

California Pricing: $500 Pay-per-transaction

$125 Due upon opening the transaction *Non-refundable

$375 Due when Transaction closes escrow

Dual Agency fee: IF the same agent is representing both the Buyer & seller in the transaction an Additional fee of $250 is applied ONLY for dual agency Transactions.

Split Invoice fee: $5 split fee will be applied only IF an agent requires the payment collection to be split/divided among multiple agents.

Optional add-on services: The following services are available for an additional FEE (contact your assigned TC for details and pricing): MLS Listing S.O.S., Lease & Commercial TC Assistance, and Distressed Property Services.

Transaction Coordination Fees – User agrees to automatic payment terms & Authorizes SimplyTC to charge payment upon the “Opening a New File” and “Close of Transaction”.

Fees for Service Orders for Transaction Coordination are due and payable upon the completion of all work necessary to complete the Service Order. Service Orders are subject to standard fees, unless otherwise indicated by authorization from SimplyTC.

Due upon completion of transaction closing: Transaction Coordination Fee payments are to be made within (three) 3 business days of completing all work associated with a Service Order, and late fee(s) equal to $10 per day shall be assessed for each day after the 10th day following closing that the Transaction Coordinator Fee remains unpaid.

Failed transactions: If all work associated with Service Order cannot be performed because it was canceled for any reason (“Failed Transaction”), the Service Order shall immediately be carried over to the next transaction. After a total of (3) three Failed Transactions, Agent agrees to pay a fee equal to $75 (“Cancellation Fee”). Cancellation Fees are due and payable within (5) five business days of each (3rd) third failed Transaction occurring during the term of this Agreement.

LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMER & PRIVACY

Under no circumstances shall the provider or transaction coordinators be liable to you or anyone else for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or inability to use, SimplyTC site or content. your sole remedy, in the event that anyone breaches this eula, shall be to terminate this eula. In the event the limitations set forth in the preceding two sentences are held by any court to be unenforceable and shall not in any event be liable to anyone for damages of any kind. With the registrations, the User accepts to share his contact and business information requested on the registration form at this page (https://simplytc.net/agent-registration), First name, last name, phone number, email, his/ her broker’s name, location of his/her business, average number of transactions at year, type of real estate deals, with an Independent Contractor that has a formal agreement with SimplyTC inc. SimplyTC is acting solely as an intermediary with the main function to provide Business to Independent Contractors. Regarding SimplyTC marketing and communication activities, you can find the complete privacy policy at this link (https://simplytc.net/privacy-policy) and the Cookie policy here (https://simplytc.net/cookie-policy).

SimplyTC is not liable for any issue related to third party software in use by independent contractors that work under an agreement with Simplytc.

CLIENT TESTIMONIAL RELEASE

USER understands that the provided testimonials, including all text, images, and video with my likeness (hereinafter called “The Testimonial”), was made on behalf of SimplyTC and will be used in marketing and promoting SimplyTC. USER authorizes SimplyTC and its employees, contractors, partners and other representatives to use The Testimonial in marketing and promotional efforts, including, but not limited to, advertisements, social media posts, brochures and other promotional materials. The USER waives any claim to inspect, edit or approve of any materials where The Testimonial is used. USER also waives any claim to copyright The Testimonial or materials where The Testimonial appears, and waive any claim to financial compensation or gain from using The Testimonial. By accepting these terms, USER certifies to have read this release and fully understand the content, meaning, and impact of said release. USER also certifies they are over 18 years of age and is competent to contract in their own name.

CONFIDENTIAL INFORMATION FROM THIRD PARTIES

The material provided on the SimplyTC website, including the information regarding specific transactions provided to our Transaction Coordinators, is for your personal private non-commercial use only. Our shareholders, sales and service representatives do not have access to the details of your specific transactions or credit information. SimplyTC does not share or disclose specific terms in regard to your transactions, and considers your privacy of the utmost importance.

TERMINATION

In the case of a reasonably presumed breach of any of these terms, SimplyTC may terminate the use of our service at any time, without notice, at our own discretion. You also have the option to cancel the service at any time.

CONTACT INFORMATION

For any questions or inquiries, please contact us at info@simplytc.com.

SimplyTC Academy Terms of Service at this link.