Service Agreement
AGENT KEEPER SERVICE AGREEMENT
By submitting an order for Listing Coordination and/or Transaction Coordination service you agree to the service agreement and approve of the task lists and email templates, give Agent Keeper your permission to communicate on your behalf, for this transaction and any future transaction services provided by Agent Keeper.
In this Agreement, the party who is contracting to receive the services shall be referred to as the "Client"; and the party who will be providing the services shall be referred to as the "Provider".
1. DESCRIPTION OF SERVICES
Provider will provide the following services:
Listing Coordination Service:
-Seller introduction email, pre-frame seller for success
-Seller survey makes your seller feel heard and ensures what is important to them is included in the listing
-Schedule photos
-Schedule cleaning
-Schedule staging
-Send confirmed schedule to seller
-Contact HOA with questionnaire (if applicable)
-Schedule For Sale sign installation
-Schedule/remind agent about lockbox installation
-Create MLS draft
-Send to seller for approval
-Schedule open house with seller (if applicable)
-Add open house to MLS
-Add video/virtual tour to MLS
-Activate listing in MLS
-Set up showingtime
-Send Email: Seller Just Listed
-Assign lockbox in sentrilock (if applicable)
Transaction Coordination Seller Service:
-Review all contract documents for accuracy
-Note and manage additional contract contingencies:
Pest Inspection
Well/Septic Inspection
Additional EM
Home warranty
Transfer stamps
-Circulate contract and disclosures to Seller parties
-Circulate contract and disclosures to all parties
-Change status in MLS to under contract
-Confirm home inspection has been scheduled
-Confirm receipt of earnest money and send to all parties
-Confirm completion of A/I
-Verify appraisal has been ordered
-Verify appraisal has passed
-Remind seller to cancel their utilities
-Send seller 1 week prior to closing email
-Confirm closing time
-Confirm loan commitment
-Schedule sign removal
-Confirm final walkthrough is scheduled
-Close in MLS
-Submit final documents to brokerage compliance
-Ask seller for agent review
Transaction Coordination Buyer Service:
-Review all contract documents for accuracy
-Note and manage additional contract contingencies:
Pest Inspection
Well/Septic Inspection
Additional EM
Home warranty
Transfer stamps
-Circulate contract and disclosures to Seller parties
-Circulate contract and disclosures to all parties
-Confirm property is marked under contract in MLS
-Coordinate scheduling home inspection with the buyer
-Confirm receipt of earnest money and send to all parties
-Confirm completion of A/I
-Verify appraisal has been ordered
-Verify appraisal has passed
-Send buyer utility email with introduction to connection services
-Send buyer 1 week prior to closing email
-Confirm closing time
-Confirm loan commitment
-Coordinate final walkthrough with buyer
-Confirm property is closed in MLS
-Submit final documents to brokerage compliance
-Ask buyer for agent review
2. PAYMENT FOR SERVICES
● All Agent Keeper services are provided at a flat fee:
○ Listing coordination services -- $297
■ full payment due immediately upon order
○ Transaction coordination services (contract to close) -- $397
■ full payment due within 2 calendar days of the property closing
3. RELATIONSHIP OF PARTIES
● It is understood by the parties that Provider is an independent contractor.
● Provider agrees to be available to provide services during normal business hours, specified as Monday-Friday, from 9am -5pm CST, excluding national holidays.
5. WORK PRODUCT OWNERSHIP
● Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information developed in whole or in part by Provider in connection with the Services shall be the exclusive property of Provider.
● Upon request, Provider shall sign all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.
6. CONFIDENTIALITY
● Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or communicate in any manner any information that is proprietary to Client.
● Provider will protect such information and treat it as strictly confidential.
7. ENTIRE AGREEMENT
● This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
8. SEVERABILITY
● If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
● If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
9. NONDISCLOSURE AND NONSOLICITATION
● The Provider shall not directly or indirectly disclose to any person other than a representative of the Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to the Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business
opportunities for new or developing business, plans and models, or trade
secrets.
● Furthermore, the Provider agrees that during the term of this agreement and for a period of one year following the termination or expiration of this Agreement, the Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of the Client other than on behalf of Client.
10. INDEMNIFICATION AND HOLD HARMLESS PROVISION
● The Client agrees hereby to indemnify and hold harmless the Provider from any and all claims which may arise out of and in the course of the performance of the Provider duties hereunder.
● Agent Keeper, its subcontractors, or any affiliated parties shall not be held liable for errors including but not limited to typographical, email, publishing, print, and copy/paste.
● Client assumes responsibility for all information relayed regarding clients, property, tax information, property descriptions; written and assumed, and will be ultimately responsible for all content for accuracy.
● Let it be known that the Provider may be a licensed real estate salesperson but will not perform any duties requiring licensure in any state (i.e. negotiating terms of the contract), including but not limited to negotiations, legal communication, and any other function under law, and reserves the right to refuse performance of any duties deemed questionable, illegal, or otherwise unethical.