FAIR HOUSING ASSURANCE SERVICE AGREEMENT AND TERMS
1. The Fair Housing Assurance Plan is a subscription service to manage third party fair housing requests and claims (hereinafter “Matters”).
2. The person completing the subscription form represents authority to enter into a subscription agreement with the terms contained herein on behalf of the User, as well as the owner(s) and manager(s) of the Subject Asset (collectively “User”).
3. User represents that all information submitted to on the website, and any other means, is true and accurate.
4. User agrees that to pay the correct rate for the number of units at the Subject Asset, and that we are authorized to update the rate if the unit count is/was incorrect.
5. The subscription agreement shall commence on the date the Request for Subscription was accepted and continue for one year. The subscription shall be automatically renewed for consecutive one-year terms, unless User provides a notice of cancellation at least 90 days prior to the end of term.
6. User acknowledges that the pricing is based on annual terms and there shall be no refund for early termination of the term.
7. User further understands that the pricing is promotional, currently discounting up to fifty percent of the Fair Market Value price of the product or service in question. At the annual renewal of the term, User agrees that the product or service will return to the Fair Market Value price, unless discounted again. Promotional and discounted pricing are available to new clients only.
8. Notwithstanding the within Terms, there shall be an increase of no less than three percent annually.
9. User authorizes us to market, advertise and/or publicize the fact that User and/or the Subject Asset is using our subscription services.
10. The subscription expressly excludes the following Matters:
a. Those which commenced before the subscription was accepted.
b. Those which commenced after the subscription period expired.
c. Those commencing while the account was not paid in full.
d. Any and all litigations, even if the Matter was included in the subscription service prior to the commencement of litigation. A separate retainer agreement shall be required for matters involving litigations.
e. Any and all administrative proceedings, even if the Matter was included in the subscription service prior to the commencement of the administrative proceeding. A separate retainer agreement shall be required for matters involving administrative proceedings.
f. Those in States where the subscription service, or any parts thereof, are prohibited by law.
11. User acknowledges and understands that we provide risk management advice and that we are not in the business of managing real estate. As result, User agrees to indemnify, defend and hold us, our officers, our agents, our attorneys, and any and all affiliated persons harmless, from any claims or demands, including, but not limited to, those based on negligent management or maintenance of the Subject Asset or any portion thereof.
12. User understands that review of matters may be outsourced to affiliated and/or Of Counsel.
13. User understands that there is no guarantee of reaching any particular result in any given fair housing or other matter. User acknowledges that no promises about the outcome have been made and that any opinion offered in the future will not constitute a guarantee.
14. This Agreement constitutes the entire understanding between the Parties, supersedes any and all previous understandings with respect to the services, and binds and inures to the benefit of the Parties.
15. The parties hereby agree that any disputes arising from the Services set forth herein shall be governed by the laws of the State of Nevada and that the proceedings shall be in Clark County.
16. In the event an attorney shall be employed or an action be commenced to enforce any duty or obligation imposed under this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney’s fees and all costs and expenses incurred in conjunction with any such action.
17. Void where prohibited by law.
18. User is advised that User has the right to seek review of this agreement by independent counsel of User’s choice and User acknowledges by signing this agreement that User is aware of this right, has taken adequate time to obtain such review, if desired, and has either waived or exercised said right as of the date of agreeing to this agreement.
19. These Terms may be amended or revoked at any time in our sole discretion.
20. This agreement contains the entire agreement of the parties. No other agreement, statement, or promises made on or before the effective date of this agreement will be binding on the parties.
21. If this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
Online Terms: Eviction Services
- THIS RETAINER AGREEMENT (“Agreement”) memorializes the agreement of the property owner and manager (collectively “Client”) and Karsaz Legal Solutions, Inc. (“Karsaz”). Client requests to use the legal and process server services provided by and through Karsaz pursuant to this Agreement as follows:
- TERM & TERMINATION This Agreement shall commence on the date of the Agreement signed by the parties and continue until on an annual basis, unless terminated with no less than a 60-day notice prior to the annual renewal date.
- FEES The eviction and/or process service fees shall be selected by the client as part of the agreement signed by the parties. All attorneys’ fees, court costs, constable costs, and other charges shall be due and payable immediately. Eviction matter fees (and court and other costs, if applicable) shall be due upon submittal of the eviction filing request by the Client to Karsaz, regardless of whether the matter is withdrawn, canceled, or rescinded prior to the completion of the filing. All attorneys’ fees, court costs, constable costs, and other charges shall be due and payable immediately. Client understands that costs and fees may change from time to time, and that, Karsaz may change the prices upon notice of no less than 30 days. Any services not contemplated by, or in addition to, the service agreement shall be billed at the prevailing attorney fee rate of $295 per hour.
- WAIVER OF RETAINER FEE; PAYMENT OF INVOICES; DISPUTES In lieu of an advance retainer fee due by client, which has been waived, Karsaz shall bill client in accordance with the pricing sheet executed by and between the parties. Karsaz shall submit invoices on a monthly basis via email. Invoices are due upon receipt and, and thirty days thereafter, interest shall accrue at a rate of 1.5% or a flat fee of $65. Any dispute pertaining to an invoice, or portions thereof, must be submitted within thirty (30) days; otherwise, Client agrees to waive said dispute and shall submit payment in full of all amounts due and owing. The parties hereby agree that any disputes shall be resolved in a court of proper jurisdiction in Clark County, Nevada.
- SERVICE DAYS; DELAYS Karsaz reserves all rights to determine the priority and order of service attempts. Clients on the monthly subscription services are entitled to a single site visit per month; any additional trips will be billed at the prevailing service rate of no less than $35 per notice. Service days will be determined based on client seniority, size of service order, availability of servers, and other factors. Service days falling on weekends or holidays will be rescheduled to the next available work day. Our process servers will do their best to arrive at the designated date and time. Holidays, emergencies, traffic conditions, weather and other factors may cause a delay in the service efforts. Client understands and agrees that Karsaz does not and cannot guarantee date and time preferences and, as such, Client releases, defends and hold harmless Karsaz and its agents from any all claims, damages and/or allegations.
- ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the Parties, supersedes any and all previous understandings with respect to the services, and binds and inures to the benefit of the Parties.
- INDEMNIFICATION Client hereby acknowledges and understands that Karsaz provides legal and/or risk management advice and is not in the business of managing real estate; and, as a result, Client agrees to indemnify, defend and hold Karsaz harmless from any claims, causes of action or demands based on negligent management or maintenance of the asset or any portion thereof. In addition, Client hereby releases Karsaz and its agents from any and all claims of damages relating to the filing or handling of any aspect of the unlawful detainer process.
- MISCELLANEOUS This Agreement may be executed in counterparts, each of which shall be deemed an original. In addition, facsimile copies of the Agreement shall be deemed admissible for all purposes. In the event of any litigation or other proceeding arising from or related to this Agreement (whether in contract, tort or both), or to the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys fees, and all other related expenses incurred in such litigation. Karsaz reserves the right to amend any Eviction Worksheet and the rates thereon, without further notice and in its sole discretion. The rates contained within the current Eviction Worksheet do not include court costs (ie. filing fees, constable fees, etc.); said costs vary at the discretion of the Courts. Karsaz does not warrant or guarantee the outcome of any given Eviction matter. Any designated agent must be approved by Karsaz Law. Moreover, Karsaz shall review the paperwork associated with the service of 7 Day Notice to Pay Rent or Quit and if Karsaz verifies that service of notice is improper, Karsaz reserves the right to decline signature of Attorney Declaration in Support of Agent’s Declaration of Service of Eviction Notice (“Attorney Certificate”). The applicable Eviction Worksheet shall only apply to Non-Payment of Rent. Any cases involving Other than Non-Payment of Rent Issues (Nuisance, Breach of Covenants, Holdover Tenancy), bankruptcy proceedings, Formal Unlawful Detainer Evictions and/or other special Eviction matters shall be billed an hourly rate at the prevailing rate. Karsaz reserves the right, in its sole discretion, to decline representation in any case, including cases which may involve a conflict of interest. Any invoices submitted by our office shall be due and payable by Client upon receipt. In the event of injury, loss or damage to Client as a result of eviction proceedings, Karsaz shall not be liable; excluding in the event of willful misconduct, negligence, fraud, or violation of law. Client hereby agrees to indemnify and hold Karsaz harmless from all liability for any such injury, loss or damage incurred as a result of eviction proceedings.
ONLINE TERMS: PREMISES RMS / RSD PROGRAM / RESIDENT SERVICES
Online Terms: Premises RMS
- The person completing the subscription form represents authority to enter into a subscription agreement with the terms contained herein on behalf of the User, as well as the owner(s) and manager(s) of the Subject Asset (collectively “User”).
- Risk Management Services. Premises RMS (hereinafter “Premises RMS” or “Consultant” or “Contractor”) provides risk management consulting for the multifamily housing industry. User requests that Contractor manage and administer the risks systems and/or claims management program for User, including represent the investigation, adjustment, processing, supervision and resolution of liability claims for money damages asserted by third parties against User as specified.
- Fair Housing Assurance Plan is a separate subscription service to manage third party fair housing requests and claims.
- User represents that all information submitted on the website, and by any other means, is true and accurate.
- User agrees that to pay the correct rate for the number of units at the Subject Asset, and that we are authorized to update the rate if the unit count is/was incorrect.
- User acknowledges that the pricing is based on annual terms and there shall be no refund for early termination of the term.
- User authorizes us to market, advertise and/or publicize the fact that User and/or the Subject Asset is using our subscription services.
- The subscription expressly excludes the following matters:
- Those which commenced before the subscription was accepted.
- Those which commenced after the subscription period expired.
- Those commencing while the account was not paid in full.
- Any and all litigations, even if the matter was included in the subscription service prior to the commencement of litigation. A separate retainer agreement shall be required for matters involving litigations.
- Any and all administrative proceedings, even if the matter was included in the subscription service prior to the commencement of the administrative proceeding. A separate retainer agreement shall be required for matters involving administrative proceedings.
- Those in States where the subscription service, or any parts thereof, are prohibited by law.
- User understands that there is no guarantee of reaching any particular result in any given matter. User acknowledges that no promises about the outcome have been made and that any opinion offered in the future will not constitute a guarantee.
- Investigative Services. Depending on the User, Contractor’s services may include the following: provide complete investigative and analytical services including, but not limited to: (a) receipt and examination of all reports of accidents, incidents, claims or cases which are or may be the subject of such claims reported by User to Premises RMS; and (b) the investigation of such accidents, incidents, claims or cases where examination warrants such investigation or when requested by User, such investigation to include onsite investigation, photographs, interviewing of witnesses, determination of losses and other such investigative services necessary to determine liability and loss.
- Settlement Authority. Contractor will promptly notify User in writing of any claim which, excluding administration, adjusting, defense, all amounts payable to Contractor hereunder, and other costs and expenses, is reasonably expected in Contractor’s opinion to result in total settlement payments in excess of the settlement authority limit that is agreed upon by User and Contractor (the “Authority Limit”). Such Authority Limit shall be determined by the User on a case-by-case basis, unless established in writing to be otherwise. Such payment guidelines will be binding on the parties, and incorporated into this Agreement, when executed by both parties. From time to time during the Term, the Payment Guidelines may be adjusted by mutual agreement of the parties, with each revised Payment Guidelines superseding any previously adopted Payment Guidelines and becoming binding on the parties, and incorporated into this Agreement, when executed by both parties.
- No Legal Opinions. User understands and agrees that Premises RMS is not a law firm and does not provide legal advice or represent clients in court or other proceedings. Any opinions, representations, claims, statements and/or communications by or on behalf of Premises RMS should be treated as non-legal opinions. User understands and agrees that the services to be provided by Premises RMS are not of a legal nature, and Premises RMS shall in no event give, or be required to give, any legal opinion or provide any legal representation to User. Premises RMS recommends that User seek the review of User’s legal and/or tax advisors before taking action based on Premises RMS’s statements. Premises RMS does not make any promise guarantee of any outcomes in the use of its consulting services. Any opinions, representations, claims, statements and/or communications by or on behalf of Premises RMS related to past or future results should be treated as opinions and not a promise or guarantee of any outcome. The services will be performed by Premises RMS or, if needed, subcontracting parties.
- Claims Assessment Services. Contractor shall provide claims assessment services on each accident or incident that may be the subject of a claim against the User which is reported to Contractor by the User. Such services shall include, but not be limited to (a) the maintenance of a claim file on each potential or actual claim reported to Contractor; (b) whenever its investigation results in a determination that User has sustained a liability to a third party, Contractor shall process any such claim or potential claim for settlement in accordance with the User’s instructions for settlement of such claims, as set forth in the payment guidelines; and (c) obtaining all release agreements or proofs of loss on settlement of any claim or potential claim. No legal or subrogation services are included in this agreement.
- Term of Agreement. The term of the Agreement (the “Term”) shall commence on the date the Agreement is accepted by the parties and continue until on an annual term, renewing automatically on the annual anniversary of the commencement dates, unless terminated by either party with a 90-day termination notice, unless specified otherwise in the underlying Agreement.
- Pricing. User agrees to pay the pricing stated on the services agreement. Upon the annual renewal of the annual term, there shall be an increase of no less than five (5) percent on all charges. The fees do not include “Allocated Expenses”, defined to mean customary and usual costs and expenses incurred and/or paid by Contractor on User’s behalf in connection with the investigation, adjustment, settlement or defense of a claim. Such costs and expenses include, but are not limited to, professional photography, police reports, independent medical examinations, professional engineering services, laboratory services, bulk copy jobs, private investigators, legal costs and fees and work performed by accountants. Contractor shall charge User for investigators or adjusters when, in the opinion of Contractor, such assistance is necessary and reasonably related to the monetary exposure. User agrees to pay for the cost of all reasonable and supportable Allocated Expenses incurred in connection with the services under this Agreement provided that Contractor has notified User of such Allocated Expenses in advance and obtained User’s prior written approval for same. Absent User’s provision of prior written approval for Allocated Expenses, User shall not be responsible for such costs.
- User’s Responsibilities. User shall provide Contractor with copies of all relevant documents upon request and without charge and shall make available any User employee for interviews by Contractor at reasonable times concerning any investigation of a claim or incident pursuant to this Agreement. Contractor shall bill User and furnish User with invoices for services rendered in accordance with the fee schedule set forth in the Agreement. Each invoice will include the claim or other matters for which a fee is being charged and the amount of the associated fee for that claim or matter. All sums due hereunder shall be paid by delivery of User’s check, or wire transfer to Contractor’s offices located at the address set forth herein, within thirty (30) days following the invoice date. If any amount invoiced is in dispute, User shall pay the undisputed amount and notify Contractor within thirty (30) days after the invoice date of the disputed portion; failure by User to deliver written notice to Contractor of dispute with regard to any portion of an invoice within such time frame shall be deemed acceptance of the entire invoice by User. Fees not paid in full within thirty (30) days of the invoice date, at Contractor’s option, will be subject to per annum interest at the lower of (i) 18% or (ii) the maximum interest rate permitted by applicable law, calculated from the due date to the date payment is received by Contractor. For invoices not paid in full within thirty (30) days of the invoice date, Contractor will notify User of such failure to pay and if User does not cure such failure in full within ten (10) business days after the date of such notice (the “cure period”), Contractor may, without waiving any other rights or remedies to which it may be entitled, as of the first business day following the cure period, immediately limit access to data, suspend and/or terminate this Agreement, and/or seek collection of all amounts due, including by sending outstanding invoices to a collection agency. User will reimburse any costs and expenses (including, but not limited to, the fees of a collection service and reasonable attorneys’ fees) incurred by Contractor to collect any amount that is not paid when due.
- Conflict of Interest. In the event a claim or incident is reported to Contractor by User and it is determined that the actual or potential claimants therein are also clients of Contractor, then Contractor shall immediately notify User of such potential conflict of interest so User may have the option to choose an independent investigator and adjuster.
- Disposition of Files on Termination of Agreement. All files on each claim shall be property of the User. In the event of expiration of the Agreement, non-renewal thereof, or cancellation, Contractor shall bill the User for work completed by Contractor on each claim. Upon receipt of payment of outstanding invoices, Contractor shall promptly forward all completed and pending claim files to the User unless User requests Contractor to continue to process any files on a time and expense basis as provided for in the Contractor’s prevailing hourly rate, presumed to be no less than $295 per hour, at the time such services are rendered. User agrees to pay Contractor for the internal and/or external cost of retaining, storing, retrieving, logging, packing and shipping files which are stored on or off premises by Contractor.
- Indemnification and Release. To the maximum extent allowed by law, User forever releases Contractor and its affiliates, and their respective agents, employees and affiliates , and to defend, indemnify and hold harmless Owner parties, from and against any and all actions, causes of action, claims, demands, liabilities, losses, damages and expenses of whatsoever kind, including, but not limited to, reasonable attorneys’ fees at both the trial and appellate levels, that arise out of or are based upon User’s operation, management, maintenance or other actions or inactions, as well as any duties, services, actions or inactions on the part of Contractor.
- Audits. The Contractor’s files shall be made available for audits at any time upon reasonable notice. Reasonable notice shall be defined as thirty (30) days or as otherwise agreed by the parties. If special retrieval or shipment of the requested files is necessary, User shall reimburse Contractor at cost. The Contractor reserves the right to reject an auditor proposed by User if the proposed auditor may gain an unfair competitive advantage over Contractor by conducting such an audit.
- Governing Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Nevada and any actions related to this Agreement shall be venued in Clark County, Nevada.
- Amendments. Neither this Agreement nor any of the terms hereof may be amended, changed, waived, discharged or terminated except by an instrument in writing signed by both of the parties hereto.
- No Waiver. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of any party hereto of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other right, power or privilege.
- Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under, any applicable law of any jurisdiction, then such provision shall, as to such jurisdiction, be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, without invalidating the remainder hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
- Current Law & Regulation. This Agreement is entered into with the understanding that existing Federal, State or other jurisdictional regulations will remain in effect for the duration of this Agreement. User agrees that should administrative or other costs of service provided hereunder be substantially increased as a result of modifications in existing law, enactment of new legislation, or promulgation of new administrative guidelines, Contractor service fees may be renegotiated during the Agreement term. If revised fee agreements cannot be reached, Contractor may terminate this Agreement, at its option, after thirty (30) days written notice to User.
Counterparts. This Agreement may be executed simultaneously in two counterparts, each of which when so executed and delivered shall be deemed an original, but both of which together shall constitute one and the same instrument, and all signatures need not appear on any one counterpart. A facsimile, telecopy or other reproduction of this Agreement may be executed by any party and delivered by such party by facsimile or other electronic transmission (including e-mail), and such execution and delivery shall be considered valid, binding and effective for all purposes.
- Nature of Relationship. Consultant’s employees assigned to perform services shall be and remain employees of Consultant regardless of where services are performed and shall not for any purpose be considered User’s employees. Consultant’s relationship to User shall be one of independent Contractor and nothing contained in these Terms or any other document shall be construed to imply that Consultant or any of Consultant’s officers, employees or agents is an employee or agent of User for any purpose. Consultant shall have no right, power or authority to create any obligation, expressed or implied, or to make any representation on behalf of User, except as may be expressly authorized from time to time by User in writing and then only to the extent of such authorization. Nothing herein is to imply an agency, joint venture or partner relationship between the parties.
- Confidentiality of Information and Documents. The communications to/from User on any specific matters should be treated as confidential as one of the primary purposes for the risk management systems is to assist User and its counsel in anticipation of litigation. User should confirm the applicability of all legal privileges to its communications in advance of sending or responding to communications. In the event Premises RMS is required to respond to a third party request for information, User shall pay for any and all fees and costs associated with the response, including the assertion of any applicable objections to the production of information and/or documents.
- Miscellaneous. Void where prohibited by law. User is advised that User has the right to seek review of this agreement by independent counsel of User’s choice and User acknowledges by signing this agreement that User is aware of this right, has taken adequate time to obtain such review, if desired, and has either waived or exercised said right as of the date of agreeing to this agreement. These Terms may be amended or revoked at any time in our sole discretion. This agreement contains the entire agreement of the parties. No other agreement, statement, or promises made on or before the effective date of this agreement will be binding on the parties.