Introduction
These terms and conditions (“Terms”) govern your use of the excess proceeds business (the “Business”) operated by [insert business name] (the “Company”). By using the Business, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Business.
Scope of Services
The Company provides excess proceeds recovery services to clients who are entitled to unclaimed funds resulting from real estate sales, foreclosures, or tax sales. The Company will use commercially reasonable efforts to locate and recover such funds, and will distribute any recovered funds to the client according to the terms of the agreement between the client and the Company.
Client Obligations
The client agrees to provide the Company with all necessary information and documentation, including but not limited to proof of ownership or interest in the property, in order for the Company to perform its services. The client also agrees to promptly notify the Company of any changes to their contact information or ownership interest in the property.
Fees and Payment
The Company will charge a fee for its services, which will be set forth in a separate agreement between the client and the Company. The fee will be based on a percentage of the recovered funds, and will be due and payable upon receipt of the recovered funds. If the client fails to pay the fee, the Company may deduct the fee from the recovered funds before distributing them to the client.
Limitation of Liability
The Company is not responsible for any loss or damage that may result from its services, including but not limited to any errors, omissions, or delays in locating or recovering excess proceeds. The Company’s liability is limited to the amount of the fee paid by the client for the Company’s services.
Intellectual Property
The Company owns all intellectual property rights in the Business, including but not limited to its website, software, and other technology. The client may not use the Company’s intellectual property without the Company’s prior written consent.
Confidentiality
The client acknowledges that the Company may receive confidential and proprietary information in the course of performing its services. The Company agrees to keep such information confidential and to use it only for the purposes of providing its services.
Indemnification
The client agrees to indemnify and hold the Company harmless from any and all claims, damages, or expenses arising from the client’s use of the Business, including but not limited to any claims arising from the client’s breach of these Terms.
Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of [insert governing law jurisdiction]. Any dispute arising out of these Terms will be resolved through binding arbitration in accordance with the rules of the [insert arbitration association] and held in [insert arbitration venue jurisdiction].
Termination
The Company may terminate these Terms at any time if the client breaches any of its obligations under these Terms. Upon termination, the client will remain liable for any fees owed to the Company.
Amendments
The Company may amend these Terms at any time by posting the amended Terms on its website. The client’s continued use of the Business after such posting constitutes acceptance of the amended Terms.
Entire Agreement
These Terms constitute the entire agreement between the client and the Company regarding the use of the Business, and supersede all prior agreements or understandings, whether written or oral.