SimplyTC Terms of Service.

SimplyTC Terms of Service

Effective Date: November 10, 2021

Last Updated: February 27, 2025

Please read 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).

Agreement Between Parties

This Agreement is made between SimplyTC (“Service Provider”), a Delaware corporation with its principal office at 579 Fieldcrest Drive, Healdsburg, CA 95448, and the Client (“Agent” or “USER”). SimplyTC serves as an administrative intermediary, facilitating professional relationships between the Client and Independent Transaction Coordinators (“TCs”) (Unlicensed Assistants).

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties intend to be legally bound and agree to the following Terms of Service:

Service Provider

SimplyTC (“Service Provider”) is a professional platform that provides Real Estate Professionals ("USER") with access to Independent Transaction Coordinators (“TCs”) (Unlicensed Assistants) who offer administrative and coordination services. These services include, but are not limited to:

  • Facilitating and managing the working relationship between Independent TCs and USERS, including Real Estate Professionals, clients, title/escrow companies, attorneys, and lenders.

  • Acting as a digital intermediary to provide administrative support throughout real estate transactions.

  • Managing payment processing through a secure third-party billing system.

  • Providing administrative/clerical accounts and software access to Independent TCs as needed for service delivery.

SimplyTC strictly operates as a business intermediary. Transaction Coordinators (TCs/Unlicensed Assistants) are independent contractors governed by separate agreements and are not employees of SimplyTC.

SimplyTC provides administrative and coordination support services only. SimplyTC Transaction Coordinators are considered Unlicensed Assistants. We do not engage in real estate negotiations, contract interpretation, or legal advisory. Any review of documents is for completeness and administrative purposes only, and all legal compliance remains the responsibility of the Agent (USER) and brokerage. It is recommended they consult with their real estate broker or attorney, for any services that require such expertise.

SCOPE OF SERVICE (Transaction Coordination)

SimplyTC provides administrative and coordination services only. We do not engage in licensed real estate activities or earn commissions. Fees are charged solely for administrative support, regardless of transaction outcome.

  1. ADMINISTRATIVE SUPPORT: Your TC manages essential administrative tasks, including organizing and facilitating document requests from the agent, ensuring all necessary documents are stored and accessible throughout the transaction. SimplyTC does not originate documents and only acts on requests initiated by the agent. 

  2. COMMUNICATION: Your TC (Unlicensed Assistant) facilitates transaction-related communications, ensuring ongoing contact with all parties, including status updates and collection of outstanding items. Communication is organized according to broker compliance guidelines. SimplyTC also conducts periodic success calls and email campaigns to improve service.

  3. DOCUMENT STORAGE: Your TC manages short-term document storage during the transaction. Upon closing, long-term file storage and retention are the sole responsibility of the agent and broker. At closing, the TC provides all ratified documents and communications for long-term storage as you see fit.

  4. DOCUMENT REVIEW: Your TC ensures contracts are fully executed with proper dates, initials, signatures, and broker information. If corrections are needed, your TC will reach out and monitor compliance. An introduction email outlining key date timelines and the executed contract is sent to the Listing Agent, Buyer’s Agent, Buyer/Seller (if directed by the agent), Lender, Title Company, and/or Attorney. All required documents are submitted to the designated Transaction Management System (TMS) within 24 business hours of execution.

  5. ESCROW MANAGEMENT: Your TC provides administrative support and communicates with escrow to ensure that the Lender, Title Company, and Broker receive any contract amendments or changes. Including: Confirm receipt of the Earnest Money Deposit (EMD) or remind the buyer to send the wire, email the receipt to the co-op agent and upload it into the compliance file and maintain ongoing contact with the Title Company and Lender throughout the transaction.

  6. SELLER DISCLOSURE PACKAGE: Your TC (Unlicensed Assistant) will collect and assemble the pre-listing disclosure package, ensuring compliance with brokers state & local requirements. If applicable, they will: Collect HOA documents within required deadlines, and order Home Warranty per contract terms.

  7. MONITOR DEADLINES: Your TC provides a workflow timeline to track critical dates in accordance with contractual obligations, ensuring contingency removals and providing status updates to all parties. This includes:

  • Confirming scheduled inspections and ordering required third-party reports (NHD, HOA, Home Warranty).

  • Verifying loan and appraisal timeline with the lender.

  • Checking in on appraisal status and addressing any post-appraisal work orders or valuation concerns.

  • Confirming the final walk-through.

  • Assisting with signing appointment scheduling for the client and agent (if applicable).

  • Conducting a final file audit 7 days before closing to ensure all documents are uploaded and the file is complete.

  • Obtaining final confirmation of the closing date and time.

  • Reminding the agent to submit the Commission Demand request.

  • Confirming final recording and notifying agents.

  • Providing the final HUD/CD to the broker’s transaction management system for compliance.

  1. CLOSING: Your TC ensures represented clients receive a copy of all fully ratified documents and uploads all disclosures, documents, and reports into the agent’s online transaction management system as they are received for a fully executed file.

CLIENT RESPONSIBILITIES - The Agent (USER) agrees to:

  • Provide TC with all requested documents, information and materials necessary for the TC to complete service(s).

  •  Submit a fully executed Purchase or Sale Agreement (at minimum) is required to initiate a service request.

  • Maintain open communication with the TC and provide updates on new developments.

  • Ensure compliance with real estate regulations and brokerage requirements.

  • Maintain MLS access credentials and assume responsibility for any MLS-related penalties.

BILLING & PAYMENT TERMS

By registering for SimplyTC’s services, the agent (USER) agrees to the established fee structure and pricing guidelines provided at registration. The agent expressly authorizes SimplyTC to automatically charge the credit card on file for all applicable fees, including but not limited to:

  • Setup fees (at file open)

  • Administrative fees (at close after final document is uploaded)

  • Optional add-on services requested by the agent. (as requested)

SimplyTC does not bill through escrow under any circumstances. Charges will occur automatically without the need for further authorization for each transaction. By registering, the agent acknowledges and agrees to this recurring billing arrangement.

The agent further agrees to keep a valid credit card on file with SimplyTC at all times and ensures that the card has sufficient funds to cover these charges. Failure to maintain accurate and valid payment information may result in suspension of services.

Any questions regarding billing or payment terms should be directed to accounting@simplytc.com prior to registration.

  • Payments are processed securely through Stripe, a third-party payment system.

  • Please review PRICING GUIDE for a complete list of service fees.

  • Transaction Coordination (contract to close) FEE is split into two parts:

  1.   “File Setup” fee is collected at the start of a transaction request, retained regardless of the transaction’s outcome.

  2.  “Final” admin fee is collected upon the final document submission (rather than transaction closing or sales price), ensuring compliance with state and national regulations.

  • This approach ensures our services are paid  based on time, tasks, and administrative work performed, not on the success or failure of the transaction. 

  • By utilizing SimplyTC, you acknowledge that all fees are administrative in nature and unrelated to a transaction’s closing or final sale price.

  • Split Invoice Fee: Multiple agents  - A $5 split fee will be applied if an agent requires the payment to be split/divided among multiple agents.

  • Late Fees: Payments are due within three (3) business days of service completion. A one-time late fee of 5% applies after 10 days.

  • SimplyTC reserves the right to suspend services for accounts with unpaid balances beyond 30 days.

ADDITIONAL SERVICES - Supplemental charges apply (SEE PRICING GUIDE)

  • Dual Agent Fee: Applies if the same agent represents both Buyer & Seller.

  • Optional Add-On Services: The following services are available for an additional fee (see pricing guide)—contact SimplyTC or your assigned TC (Unlicensed Assistant) for details:

    • MLS Listing S.O.S.

    • Lease Services

    • Pre-Contract Compliance Service

    • Listing Agreement Setup Service

    • Purchase Contract Setup Service

    • Commercial Overlay

    • Distressed Property Services

    • Private Label (branded email address & signature for assigned TC), separate service agreement required.

These terms and the scope of services apply to all SimplyTC USERS. However, if your brokerage or account holder has a separately negotiated corporate account agreement or custom service agreement with SimplyTC, the terms outlined in that agreement will govern your services. Please refer to your corporate agreement or contact your brokerage or account manager for details specific to your account.

MLS APPLICATION USAGE & LIABILITY RELEASE 

By granting authorization and access to your chosen real estate platforms & local MLS, you enable your Transaction Coordinator (Unlicensed Assistant) to utilize these tools on your behalf.

  • If MLS access through an admin account is required, the agent is solely responsible for all associated costs, including setup and maintenance. SimplyTC is not liable for any additional fees related to these accounts.

  • SimplyTC and its TCs are not responsible for fines, fees, or penalties imposed by MLS or third-party applications due to:

    • Improper use,

    • Unauthorized access, or

    • Violations of the platform’s terms and conditions.

The agent remains solely responsible for ensuring compliance with all applicable MLS rules and third-party terms. By engaging with SimplyTC’s services, you agree to release SimplyTC and its TCs from any liability related to fines, penalties, or fees incurred as a result of agent-related actions, errors, or account management.

  • Any required admin accounts must be funded and maintained by the agent.

  • The agent bears full responsibility for ensuring compliance with MLS regulations.

CANCELLATION POLICY 

  • The setup fee remains non-refundable in all cases, as it covers the administrative work performed during file initiation, setup, and preliminary coordination. SimplyTC will not issue refunds for services already completed.

  • If a transaction is canceled after the initial setup but before completion, SimplyTC will waive the final administrative fee as a courtesy. 

  • This courtesy waiver does not reflect a success-based or contingency fee model and is solely based on administrative work completed at the time of cancellation due to service being concluded prematurely.

AGENT (USER) DISCONTINUING SERVICE

If agent (USER) 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 TC/Unlicensed Assistant within our SimplyTC network to ensure the files are managed through to the close of escrow.

If the agent (USER) 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 with reasonable notice, except in cases of a material breach. Clients also have the option to cancel the service at any time, with notice provided via email. 

TESTIMONIAL RELEASE

By providing a testimonial, including any written text, images, or videos ("Testimonial"), the USER authorizes SimplyTC and its employees, contractors, partners, and other representatives to use the Testimonial for marketing and promotional purposes, including but not limited to advertisements, social media, brochures, and other promotional materials.

Terms of Use:

  • The USER waives any claim to inspect, edit, or approve materials where the Testimonial appears.

  • The USER waives any copyright claims over the Testimonial and materials incorporating it.

  • The USER waives any financial compensation or other claims related to the use of the Testimonial.

  • By accepting these terms, the USER certifies they are over 18 years of age and legally competent to contract in their own name.

  • The USER may withdraw consent at any time by submitting written notice to SimplyTC.

PRIVACY & DATA PROTECTION

SimplyTC maintains reasonable safeguards to protect client data, including encryption and access controls. Client data is never sold or shared for marketing purposes without explicit consent. Independent Contractors must comply with SimplyTC's Privacy Policy when handling client information.

Telephone Consumer Protection Act (TCPA), a U.S. federal law designed to regulate telemarketing, robocalls, text messages, and the use of automated dialing systems.

By providing your phone number, email, or other contact information and opting in, you consent to receive transactional and marketing communications from SimplyTC via automated text messages, phone calls (including pre-recorded messages), and emails. These communications may include, but are not limited to, service updates, reminders, promotions, and follow-ups.

Your Consent & Opt-Out Rights:

  • Consent to receive automated communications is not a condition of purchase.

  • Message and data rates may apply.

  • You may opt out of receiving text messages by replying “STOP” to any message.

  • You may opt out of marketing emails by clicking the unsubscribe link in any email.

  • To opt out of phone calls, please email us at info@simplytc.com with “Do Not Call” in the subject line.

Data Usage & Privacy:

  • Your contact information will be used solely for the purpose of delivering relevant communications and will not be sold to third parties.

  • SimplyTC adheres to all TCPA (Telephone Consumer Protection Act) and CAN-SPAM Act regulations to ensure compliance with consumer rights and privacy protections.

LIMITATIONS AND EXCLUSIONS OF LIABILITY DISCLAIMER 

To the fullest extent permitted by applicable law, under no circumstances shall SimplyTC, its affiliates, or its Transaction Coordinators (Unlicensed Assistants) be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the use of, or inability to use, SimplyTC services, the SimplyTC site, or its content, even if SimplyTC has been advised of the possibility of such damages.

Your sole and exclusive remedy for dissatisfaction with SimplyTC’s services is to discontinue use of the services. In the event that any portion of this limitation of liability is found to be unenforceable, SimplyTC’s total liability will be limited to the amount actually paid by you for the specific services giving rise to the claim.

Third-Party Software

SimplyTC is not responsible for, and disclaims all liability related to, third-party software or platforms used by Independent Contractors in the performance of services. Any issues arising from third-party software use are the sole responsibility of the Independent Contractor.

SimplyTC and its affiliates shall not be liable for any direct, indirect, incidental, or consequential damages related to the use of our services. Our total liability, under any circumstances, shall not exceed the total fees paid for services rendered.

Information Sharing and Privacy

By registering for SimplyTC’s services, you consent to the sharing of your contact and business information provided during registration (including first name, last name, phone number, email, broker’s name, business location, average number of transactions per year, and type of real estate deals) with Independent Contractors who have a formal agreement with SimplyTC. SimplyTC acts solely as an intermediary to facilitate the connection between Users and Independent Contractors.

For details on how SimplyTC handles personal data and its use in marketing and communication, please review our Privacy Policy and Cookie Policy.

Confidential Information

The material provided to SimplyTC regarding specific transactions or personal data provided to our Transaction Coordinators (Unlicensed Assistant) is private and for 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 & DISPUTE RESOLUTION 

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising from or related to this Agreement shall be resolved exclusively through binding arbitration held in Sonoma County, California, in accordance with the rules of the American Arbitration Association (AAA). Each party shall bear its own legal fees and costs, and the arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

CONTACT INFORMATION

For further inquiries or assistance regarding our communications policy, contact info@simplytc.com.

By using SimplyTC’s services, you acknowledge and accept these Terms of Service.