SERVICE AGREEMENT

This is a legal document – retain for your records

Important Notice: Read Carefully
This Service Agreement (“Agreement”) is a legal document between the user (“you” or “Client”) and Pro Teck Services, Ltd. (“Pro Teck”). It is important that you read this document before placing an order with Pro Teck. By clicking the "I accept" and "Next" buttons below, or by placing an order for services, you agree to be bound by the terms of this Agreement including, without limitation, the warranty disclaimers, limitation of liability, use and termination provisions below. You agree that this agreement is enforceable like any written agreement negotiated and signed by you. If you do not agree, you are not authorized to place an order for services from Pro Teck.

  1. Statement of Services. Pro Teck shall render to the Client the real estate valuation services ("Services") designated by the Client when placing an order. Such Services will be provided in accordance with the provisions of this Agreement.
  2. Term and Termination. This Agreement will be effective until terminated by either party. Each party shall have the right to terminate this Agreement upon written notice. The parties agree that Sections 4, 5, 6, 7 and 8 will survive the termination of this Agreement.
    1. You have received approval from an authorized signer to charge the entered account data for the fee associated with the Services ordered.
    2. You have provided the fee payment terms and conditions, unaltered and in whole, to the account holder prior to placing the order as the terms are provided by Pro Teck.
    3. If you are retaining account data, you are adhering to the PCI DSS (Payment Card Industry Default Security Council) requirements.
    4. You understand the account you enter will be charged immediately upon placing an appraisal order. In the event of order cancellation, cancellation fees may still apply.
    5. You are not in any way advising the account holder that an appraisal fee is dependent on any value given in any appraisal or upon closing of a loan.
    6. Pro Teck is not responsible for any misrepresentations regarding appraisal order or appraisal fee payment to account holder by you.
    7. Misuse of this website or the Services may result in the limitation of your access and/or the termination of your access to Pro Teck Services.
  3. Customer Information. “Customer Information” means that certain information, e.g., Property Street Address, City, State and Zip Code that Client provided to Pro Teck for Pro Teck to provide Services under this Agreement. The parties agree that their use of Customer Information complies with applicable privacy provisions of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1138), as it may be amended from time to time (the “GLB Act”), and the applicable regulations promulgated thereunder, as such regulations are amended from time to time. See http://www.ftc.gov/privacy/glbact/glbsub1.htm . The parties to this agreement agree to treat all Customer Information as strictly confidential. Without limiting the foregoing:
    1. Pro Teck will not use Customer Information except in connection with performance of Services.
    2. Pro Teck will not disclose Customer Information, except: (A) to their respective employees who need to know such Customer Information in connection with performance of Services hereunder and who are legally obligated to maintain the confidentiality of Customer Information and to use Customer Information only as permitted by this Agreement; and (B) to third parties assisting Pro Teck in connection with performance of Services hereunder and who have agreed to keep Customer Information confidential.
  4. Disclaimer of Warranties. Pro Teck makes no representation or warranties as to the Services except those specifically set forth in this Agreement. In particular, Pro Teck does not and cannot warrant the actual sale value of a property.
  5. Indemnification. Client agrees to defend, indemnify and hold harmless Pro Teck, its subsidiaries, affiliates, and their officers, agents, directors, employees, subcontractors and clients against any and all liabilities, damages, losses, expenses, demands, claims, suits or judgments (including reasonable attorneys' fees, costs and expenses) for:
    1. any breach by Client of any covenant, representation, warranty or obligation contained in this Agreement;
    2. death or injury to any person, or for the loss of, damage to or destruction of any property, arising out of the acts or omissions of Client, or its personnel; and
    3. any claims, damages, expenses, or losses of any nature, in any manner arising out of the acts or omissions of Client, or its personnel.
  6. Limitation of Liability.
    1. IN NO EVENT WILL PRO TECK BE LIABLE TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR LOST PROFITS OR FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER OR NOT THE PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.
    2. PRO TECK’S LIABILITY TO CLIENT OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH A REPORT ORDERED PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED THE FEE RECEIVED BY PRO TECK FOR SUCH REPORT.
  7. Dispute Resolution, Applicable Law, and Venue. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. Both Parties agree that all disputes and matters whatsoever arising under, in connection with, or incident to this Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without regard to the principles of conflict of laws. Both Parties agree to be subject to the jurisdiction of Massachusetts courts and that any and all claims arising from this Agreement shall be litigated, if at all, in Massachusetts courts.
  8. Force Majeure. Pro Teck will be excused from a delay in performing, or a failure to perform, its obligations under this Agreement to the extent such delay or failure is caused by the occurrence of any contingency beyond the reasonable control of Pro Teck. In such event, the performance times shall be extended for a period of time equivalent to the time lost because of the excusable delay. Neither Client nor Pro Teck shall be liable for any reasonable delays in performance due to causes beyond its control, including acts of God, government intervention, or public enemy.
  9. Waiver. No term or provision hereof will be deemed waived or modified, and no variation of terms or provisions hereof shall be deemed consented to, unless such waiver or consent is in writing signed by the Party against whom such waiver or consent is sought to be enforced. Any delay, waiver or omission by either Party to exercise any right or power arising from breach or default of this Agreement by the other Party shall not be construed to be a waiver by that Party of any subsequent breach or default.
  10. Section Headings. Section headings are for convenience only and shall not be part of the terms and conditions of this Agreement.
  11. Incorporation of Information. All payment and other terms set forth on the website when an order is placed shall be incorporated herein and shall be understood to be a part hereof as though included in the body of this Agreement. This Agreement may be modified only by a written agreement signed by each of the Parties hereto.
  12. Entire Agreement. This Agreement is the sole agreement between the Parties with respect to the provision of the Services, and supersedes all prior oral or written agreements for the Services.
  13. Severability . In the event any provision of this Agreement is deemed to be illegal, invalid or unenforceable for any reason, the remaining provisions of this Agreement shall be unaffected, and this Agreement shall continue in full force and effect.
  14. Notice. All notices, requests, consents, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given: (i) when delivered, if sent by United States registered or certified mail (return receipt requested); (ii) when delivered, if delivered personally by commercial courier; (iii) on the second following business day, if sent by United States Express Mail or commercial overnight courier; to the Client at the address inputted when placing the order and to Pro Teck at the addresses set forth below:
  15. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.