Seller Leads Terms & Conditions

Applicability

(a) These Seller Appointment Hub Terms & Conditions (these “Terms & Conditions”) shall govern the provision of seller appointment services by Seller Appointment Hub, a California Company (“Seller Appointment Hub”) to the Customer.

(b) These Terms & Conditions, along with the Seller Appointment Hub general Terms of Use and Terms and Conditions, as modified from time to time, the Seller Appointment Hub Privacy Policy, the CCPA Policy, and any other policies and requirements published by the Company (collectively, the “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

(c) These Terms & Conditions prevails over any of Seller Appointment Hub’s general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms & Conditions.

(d) The term “seller appointment” as used in these Terms & Conditions shall mean and refer to a scheduled phone appointment, online appointment, or in person appointment with a person or entity who has expressed interest in selling their property and may become a client or customer of Customer for purposes of representation when listing their real property for sale. Seller Appointment Hub cannot guarantee that any such seller appointment will utilize Customer’s services or agree to a listing presentation by Customer or any other desired outcome for Customer.

Services

Seller Appointment Hub shall provide the following seller lead services to Customer:

(a) Seller Appointment Hub shall provide the seller appointments to Customer as such seller appointments are screened and become available. The number of seller appointments provided by Seller Appointment Hub will fluctuate based on Seller Appointment Hub’s ability to provide the same. Customers will be billed the rate quoted to Customer by Seller Appointment Hub during engagement for each seller appointment as they are provided.

(b) Such seller appointments provided to Customer pursuant to these Terms & Conditions shall have been contacted by Seller Appointment Hub prior to being provided to Customer. All such contact shall be sent on behalf of the Customer, and may include, without limitation, contact to book appointments.

(c) Customer shall pay Seller Appointment Hub an initial non-refundable setup fee in the amount quoted to Customer by Seller Appointment Hub during engagement.

Verified Seller Leads (VSL)

Verified Seller Leads (VSL) is a lead product offered by Seller Appointment Hub that provides clients with key data points related to property owners who have indicated potential interest in selling. Each Verified Seller Lead includes the following four data elements:

(a)Seller Name

(b)Seller Phone Number

(c)Seller Email Address

(d)Property Address

In addition to the contact information above, each VSL lead is delivered with a Comparative Market Analysis (CMA) to support lead engagement efforts.

Replacement Policy for Verified Seller Leads (VSL)

Seller Appointment Hub guarantees the accuracy of the data provided for each VSL lead to the best of our ability. A lead may be eligible for replacement only if one or more of the following four data points are found to be inaccurate:

(a)The seller's name is incorrect or not associated with the property.

(b)The phone number is invalid or not associated with the seller.

(c)The email address is non-functional or clearly incorrect.

(d)The property address is invalid or not associated with a potential seller.

To request a replacement, the client must notify Seller Appointment Hub in writing within 5 business days of receiving the lead and must provide reasonable evidence of the inaccuracy. Leads that are otherwise accurate but do not result in successful contact or interest from the seller are not eligible for replacement.

No other criteria—including the seller's level of interest, availability, or willingness to engage—qualify a lead for replacement.

Term

Seller Appointment Hub shall use reasonable efforts to meet any performance dates specified in the Terms & Conditions, and any such dates shall be estimates only. Seller appointments shall be provided from the beginning of the term until the relationship is terminated as set forth herein below (the “Term”).

The Term shall begin on the date wherein Customer’s credit card on file with Seller Appointment Hub is charged, or the initial payment, including without limitation the setup fee, is otherwise applied. All payments for the Term shall be deemed fully earned by Seller Appointment Hub and Customer shall be charged at the time Seller Appointment Hub provides each seller appointment.

Customer’s Obligations

Customer agrees to:

(a) Cooperate fully with Seller Appointment Hub in all matters related to the provision of seller lead services, including providing reasonable assistance or information as may be requested to facilitate timely and effective delivery.

(b) Respond promptly to any requests from Seller Appointment Hub for direction, approvals, authorizations, or other decisions necessary for the performance of services under this Agreement.

(c) Provide all materials, information, or access required by Seller Appointment Hub to deliver the services in a timely manner and ensure that such information is accurate and complete in all material respects.

(d) Obtain and maintain any licenses, consents, or authorizations required by law that are necessary for receiving and acting upon the seller leads; and

(e) Acknowledge and agree that seller leads provided by Seller Appointment Hub may involve homeowners who express interest in selling their property and may request initial contact via phone, online, or in-person formats. Some leads may seek cash-only offers or have specific selling preferences. Seller Appointment Hub does not guarantee that any seller lead will result in the Customer securing a listing presentation, a signed agreement, or any other particular outcome.

Customer’s Acts or Omissions

If Seller Appointment Hub’s ability to perform its obligations under this Agreement is delayed, hindered, or otherwise affected by any act or omission of the Customer or its agents, representatives, subcontractors, or employees, Seller Appointment Hub shall not be held liable for any resulting costs, charges, or losses incurred by the Customer. Seller Appointment Hub’s performance timelines and obligations shall be adjusted accordingly in such events.

Fees and Expenses; Payment Terms; Interest on Late Payments

(a) In consideration for the services rendered and rights granted under this Agreement, the Customer shall pay the fees outlined in Section 2 of these Terms & Conditions.

(b) The Customer’s credit card on file with Seller Appointment Hub will be automatically charged upon the delivery of each seller lead. All payments must be made in U.S. dollars.

(c) If the Customer's credit card is declined or payment is not received within 30 days of the due date or prior to termination, Seller Appointment Hub may:

(i) Impose a service fee of $1,500;

(ii) Charge interest on overdue amounts at a rate of 1.5% per month (or the maximum legal rate, if lower), calculated from the payment due date until the date paid; and

(iii) Suspend all services until full payment is received.

Taxes

Customer shall be solely responsible for all applicable sales, use, excise, and other similar taxes, duties, and charges imposed by any federal, state, or local government authority on any amounts payable under this Agreement.

Intellectual Property

All intellectual property rights, including but not limited to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, trade dress, trade names, logos, corporate names, domain names, and any related goodwill, derivative works, and other rights (collectively, “Intellectual Property Rights”) in all documents, materials, or other deliverables provided to Customer under this Agreement or created by or on behalf of Seller Appointment Hub in connection with the Services (“Deliverables”), shall remain the sole property of Seller Appointment Hub.

Seller Appointment Hub grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free, worldwide, and revocable license to use the Intellectual Property Rights in the Deliverables solely to the extent necessary to utilize the Services. This license may be revoked at any time at Seller Appointment Hub’s sole discretion, with or without notice.

Confidential Information

(a) All non-public, confidential, or proprietary information disclosed by Seller Appointment Hub to Customer in connection with the Services—including trade secrets, technology, business operations, strategies, pricing, and customer information (collectively, “Confidential Information”)—is strictly confidential and shall not be disclosed or used by Customer for any purpose other than to utilize the Services and Deliverables, unless authorized in writing by Seller Appointment Hub.

Confidential Information does not include information that:

(i) is or becomes public through no breach of this Agreement;

(ii) was known by Customer prior to disclosure; or

(iii) is lawfully obtained by Customer from a third party without restriction.

(b) Customer agrees to take reasonable precautions to safeguard all Confidential Information and to use it solely for purposes consistent with this Agreement.

(c) Seller Appointment Hub is entitled to seek injunctive relief in the event of a breach of this section.

Disclaimer of Warranties

ALL SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER APPOINTMENT HUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

(a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

(b) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;

(c) WARRANTIES OF TITLE OR NON-INFRINGEMENT;

(d) WARRANTIES REGARDING ACCURACY, RELIABILITY, OR UNINTERRUPTED ACCESS TO THE SERVICES.

Customer assumes all risk regarding the use and results of the seller leads provided.

Limitation of Liability

(a) UNDER NO CIRCUMSTANCES SHALL SELLER APPOINTMENT HUB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT—REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SELLER APPOINTMENT HUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, LOSSES, COSTS, EXPENSES, OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM CUSTOMER’S USE OF OR INTERACTIONS WITH ANY SELLER LEAD PROVIDED THROUGH THE SERVICES.

(c) IN NO EVENT SHALL SELLER APPOINTMENT HUB’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO TWO TIMES THE TOTAL FEES PAID BY CUSTOMER TO SELLER APPOINTMENT HUB IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Termination

(a) Seller Appointment Hub may terminate Services immediately, with or without cause, by providing written notice to Customer.

(b) Customer may terminate Services with thirty (30) days’ written notice by emailing [email protected]. Customer is responsible for all fees and charges for Services rendered up to and including the date of termination. During the notice period, Seller Appointment Hub may continue to provide seller leads, and Customer agrees to pay for any such Services.

RESPA Compliance

Customer shall comply with all federal, state, and local laws, including the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. 2601, as amended. If Customer utilizes a Co-Marketing Lender, both parties must comply with all disclosure requirements under RESPA. Seller Appointment Hub is not responsible for ensuring compliance between Customer and any third-party lender.

Collections

In the event Customer fails to make timely payments for Services, Seller Appointment Hub reserves the right to assign unpaid invoices to a third-party collections agency.

Force Majeure

Seller Appointment Hub shall not be liable for any delay or failure in performance due to causes beyond its reasonable control (“Force Majeure Events”), including but not limited to acts of God, natural disasters, war, terrorism, pandemics, governmental orders, labor disruptions, or failure of utilities or communication services.

Assignment

Customer may not assign any of its rights or delegate its obligations under this Agreement without prior written consent from Seller Appointment Hub. Any unauthorized assignment shall be null and void.

Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to bind the other in any way.

Governing Law & Jurisdiction

This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in California.

Notices

All notices must be made in writing and sent to the addresses specified in this Agreement or to an address designated in writing by the receiving party. Notices are effective only upon receipt and proper delivery in accordance with this section.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

Survival

The provisions of this Agreement that by their nature should survive termination shall survive, including, but not limited to: Confidentiality, Governing Law, Limitation of Liability, and Indemnification.

Amendment and Modification

Seller Appointment Hub reserves the right to amend or modify these Terms & Conditions at any time. Updated versions will be posted on the applicable webpage or otherwise communicated to Customer. Continued use of the Services following any such changes constitutes acceptance of the revised Terms.