SimplyTC Terms of Service.

SimplyTC Terms of Service

Effective Date: November 10, 2021

Last Updated: September 9th, 2024

Please read these 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. These 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 SimplyTC Registration (https://simplytc.net/agent-registration).

BETWEEN:

SimplyTC ("Service Provider"), a Delaware corporation organized and existing under the laws of Delaware, USA, with its head office located at 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 (Unlicensed Assistants).

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 (Unlicensed Assistants) 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 (Unlicensed Assistants)):

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

  • Payment processing will be managed between the two parties through a secure third-party billing software system.

  • Provide preferred Real Estate digital licenses to Independent Transaction Coordinators (Unlicensed Assistants) in order to access professional third-party software to serve USERS properly.

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

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

  1. ADMINISTRATIVE SUPPORT: In addition to the core transaction coordination services, your TC will manage various essential administrative tasks. This includes organizing and facilitating document requests made by the agent, and ensuring that all necessary documents are stored and accessible throughout the transaction. SimplyTC does not originate documents and only acts on requests from the agent. While we provide short-term document storage during the transaction, long-term file storage and retention are the responsibility of the agent or broker once the transaction is closed.

  2. COMMUNICATION: Your TC (Unlicensed Assistant) 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.

  3. CONTRACT REVIEW: Process all documents securely while keeping everyone informed. An introduction email will be sent providing deadlines and a copy of the executed contract to the Listing Agent, Buyers Agent, Buyer/Seller (as directed by the agent), Lender, Title Company, and/or Attorney. Ensure everything is fully executed with proper dates, initials, and signatures; broker information is completed, reach out for corrections as necessary, and monitor all compliance with the contract. Submit all required documents to the designated TMS within 24 hours of execution (during business hours).

  4. 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 the title company for a copy of the EMD check receipt or remind the buyer to wire as necessary and email the receipt to the co-op agent and include it in the compliance file. Keep in contact with the title company and lender throughout the transaction.

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

  6. MONITOR DEADLINES: Create a timeline workflow to track critical dates for contractual obligations and contingency removals, update deadlines from amend-extends, coordinate and monitor the status of the buyer's loan with the Loan Officer, confirm the inspection has been set up in accordance with the offer deadline, monitor the appraisal timeline and completion with the lender, remind the 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 third parties such as NHD, Home Warranty, and Inspection Coordination, confirm final walk-through, schedule the closing appointment for the client and agent if applicable, confirm the closing date and time has been set up with the seller/buyer agents, confirm final recording and alert agents, conduct a final audit of the file 7 days prior to closing to ensure all documents are uploaded and the file is complete, upload the Final HUD / CD to the online transaction management service for agent compliance.

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

CLIENT RESPONSIBILITIES

The Client agrees to cooperate with the Transaction Coordinator (Unlicensed Assistant) (TC) to provide all requested information and materials necessary for the TC (Unlicensed Assistant) to complete the services. The Client agrees to provide, at a minimum, the following (as applicable): A copy of the fully executed Purchase and Sale Agreement or other contract documents commencing the real estate transaction with the Service Request; and The Client acknowledges and agrees that ongoing communication throughout each real estate transaction is essential for the performance of the TC’s (Unlicensed Assistant) duties and agrees to provide all information requested by the TC (Unlicensed Assistant) and keep the TC (Unlicensed Assistant) 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 credit card auto charge using “Stripe,” a third-party payment processing software. We do not bill out through escrow. 

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

General Contract-to-Close Pricing:

  • $350 Pay-per-transaction (Outside-California)

    • $100 Due upon opening the transaction *Non-refundable

    • $250 Due when the transaction closes escrow

  • Dual Agency fee: If the same agent represents both the Buyer & Seller in the transaction, an additional fee of $150 is applied ONLY for dual agency transactions.

California Contract-to-Close Pricing:

  • $500 Pay-per-transaction

    • $125 Due upon opening the transaction *Non-refundable

    • $375 Due when the transaction closes escrow

  • Dual Agency fee: If the same agent represents both the Buyer & Seller in the transaction, an additional fee of $250 is applied ONLY for dual agency transactions.

Split Invoice Fee:

  • A $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 (Unlicensed Assistant) for details and pricing): MLS Listing S.O.S., Lease Services, Pre-Contract Compliance Service, Listing Agreement Setup Service, Purchase Contract Setup Service, Commercial overlay, and Distressed Property Services if needed.

Transaction Coordination Fees – The User agrees to automatic payment terms and 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 the closing that the Transaction Coordinator (Unlicensed Assistant) Fee remains unpaid.

Canceled Transactions

If a transaction is canceled for any reason, the initial fee paid upon opening of the transaction is non-refundable. SimplyTC will not issue a refund for services already rendered. 

Client Discontinuing Service with SimplyTC

If a Client is dissatisfied with the service provided by the Transaction Coordinator (Unlicensed Assistant), SimplyTC will make all reasonable efforts to reassign all open files to another Unlicensed Assistant/TC within our SimplyTC network to ensure the files are managed through to the close of escrow.

If the Client remains dissatisfied and elects to discontinue service, SimplyTC reserves the right to charge a cancellation fee of $100 per file at the time of service termination. Notice of termination must be provided via email. 

TERMINATION

SimplyTC reserves the right to terminate services at any time, without notice, in the case of a presumed breach of these terms. Clients also have the option to cancel the service at any time, with notice provided via email. If SimplyTC initiates the cancellation of services, no additional charges will apply.

LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMER & PRIVACY

Under no circumstances shall the provider or Transaction Coordinators (Unlicensed Assistants) 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, the 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 (SimplyTC Registration), including First name, last name, phone number, email, his/her broker’s name, location of his/her business, average number of transactions per year, and 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 (Privacy Policy) and the Cookie Policy here (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

The USER understands that the provided testimonials, including all text, images, and video with my likeness (hereinafter called “The Testimonial”), were made on behalf of SimplyTC and will be used in marketing and promoting SimplyTC. The 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. The USER also waives any claim to copyright The Testimonial or materials where The Testimonial appears and waives any claim to financial compensation or gain from using The Testimonial. By accepting these terms, the USER certifies they have read this release and fully understand the content, meaning, and impact of said release. The USER also certifies they are over 18 years of age and are 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 (Unlicensed Assistant), 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 regarding your transactions and considers your privacy of the utmost importance.

GOVERNING LAW AND JURISDICTION

Any disputes arising from these terms shall be governed by California law and resolved exclusively in California courts.


CONTACT INFORMATION

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

Transaction Coordinators (Unlicensed Assistants) **Disclaimer:**

Please be advised that all Transaction Coordination (TC) services provided by SimplyTC are performed by unlicensed assistants in all states. In accordance with Arizona state regulations, all services should be considered as completed by Unlicensed Assistants.

SimplyTC's role is strictly administrative and supportive in nature, focusing on the organizational and procedural aspects of real estate transactions. Our services do not include any activities that require a real estate license, such as negotiating terms, providing legal advice, or engaging in any activities that involve discretion or judgment related to the transaction.

Agents are responsible for the compliance and legality of their transactions, and it is recommended that they consult with licensed professionals, such as real estate brokers or attorneys, for any services that require such expertise.

Liability Release for MLS and Application Usage

By using SimplyTC’s services, agents authorize SimplyTC and its Transaction Coordinators (Unlicensed Assistants) to access and utilize MLS systems and any other related applications on the agent’s behalf. Agents are responsible for ensuring all permissions, credentials, and access to these platforms are provided and up-to-date.

SimplyTC and its TCs are not liable for any fines, fees, or penalties imposed by the MLS or any third-party applications due to improper use, unauthorized access, or violations of the platform’s terms. The responsibility for compliance with all applicable MLS rules and third-party terms rests solely with the agent.

In the event that access through an admin account is required to perform services, the cost of maintaining such an account will be the responsibility of the agent. SimplyTC is not liable for any additional fees associated with the setup or maintenance of these accounts.

By engaging with our services, you agree that SimplyTC and its TCs are released from any liability related to fines or fees incurred from the MLS or other platforms as a result of agent-related actions, errors, or account management.