PROPERTY TAX Representation Services Agreement
This Services Agreement (“Agreement”) is made this ___________ (the “Effective Date”) between _________________________ (“Property Owner”), at _____________________________________________ and SB Tax Solutions LLC, assumed name Easy Tax Protest (“ETP”) with offices located at 13809 Research Blvd Suite 500, Austin, TX 78750.
WHERE Property Owner wishes to be provided with the services (collectively the “Services” as defined below) by ETP and ETP agrees to provide the Services to the Customer in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the ETP and Property Owner agree as follows:
Services. Property Owner hereby retains ETP to perform the following Services on behalf of the Customer:
Property Tax Representation: Represent Property Owner before the Travis County Appraisal District (“TCAD”) and Travis County Appraisal Review Board (“ARB”) in annual tax protests including exception applications for property or properties (the “Property”) identified in the attached form 50-162 published by Texas Comptroller of Public Accounts and incorporated herein.
Services do not include representation on appeal of a final ARB order unless otherwise agreed to in a separate agreement. Services do not constitute legal services or advice.
Fees. Property Owner will pay a contingency fee of 25% of the Total Property Tax Savings per year resulting from the Services. There will be no fee if the Services do not result in a tax savings. Total Property Tax Savings are calculated by taking the difference in the initial assessed value less applicable exemptions set forth in TCAD’s valuation notice and final taxable assessed value as indicated on the final settlement or determination from the ARB resulting from the Services by the latest applicable tax rates.
E.g. (Initial Value – Final Value) * Applicable Tax Rates = Total Property Tax Savings
*The latest applicable tax rate may be the previous year’s rate.
Billing and Payment. ETP will prepare and submit an invoice to the Property Owner via email or text message covering the total amount owed for Fees. Payment is due upon receipt of the invoice and will incur a late penalty of one percent per month beginning 30 days from receipt of invoice. Property Owner agrees to receive invoice related correspondences by text message and email.
Unpaid Fees and Lien Authorization. ETP may cancel the Services at any time for accounts with outstanding balances more than 60 days past due. ETP is authorized to record a lien against the Property in Travis County for unpaid Services.
Term. The Agreement shall have an initial term of one (1) year from the Effective Date. Thereafter, the Agreement shall be automatically renewed for additional one-year terms.
Termination: This Agreement terminates upon sale or transfer of the Property. This Agreement also terminates when Property Owner files a revocation of agent or appoints another agent by filing required forms with TCAD. Easy Tax Protest may terminate this Agreement for convenience at any time with or without cause by giving thirty (30) days prior written notice.
Obligations upon Termination. Termination of this Agreement for any reason shall not discharge Property Owner from liability for obligations incurred hereunder and amounts unpaid at the time of such termination. Customer shall pay ETP for all Services rendered prior to the effective date of termination.
No Warranty and Limitation of Warranty. ETP does not warrant in any form the results or achievements of the Services provided or the resulting work product. ETP DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT OR DELIVERABLES PROVIDED BY THIRD PARTY VENDORS IDENTIFIED OR REFERRED TO THE CUSTOMER BY THE SERVICE PROVIDER DURING THE TERM OF THIS AGREEMENT, PURSUANT TO ANY SOW OR OTHERWISE. CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS REPERFORMANCE OF THE SERVICES, OR IF REPERFORMANCE IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.
LIMITATION OF LIABILITY; ACTIONS IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SUBJECT TO THE CUSTOMER’S OBLIGATION TO PAY THE FEES TO THE SERVICE PROVIDER, EACH PARTY’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER TO THE SERVICE PROVIDER UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
Cooperation of Customer. Customer agrees to comply with all reasonable requests of Service Provider and shall provide Service Provider’s personnel with access to all documents and facilities as may be reasonably necessary for the performance of the Services under this Agreement.
DISPUTES. Any dispute, controversy, or claim arising out of or relating to this Agreement or the parties’ dealings (including interpretation of any term or provision of this Agreement) shall be settled by arbitration in the City of Austin, in accordance with the then-governing rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties. Judgement upon the award rendered may be entered and enforced in any court of competent jurisdiction.
Assignment. ETP may assign or subcontract its obligations and rights to a third-party.
Survival. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement.
Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument, without necessity of production of the others. An executed signature page delivered via electronic signature shall be deemed as effective as an original executed signature page.
Authorized Signatories. It is agreed and warranted by the Parties that the individuals signing this Agreement on behalf of the respective Parties are authorized to execute such an agreement. No further proof of authorization shall be required.
Notices. Property Owner consents to electronic notice by email or text message.
Email Address:
Text Message Number:
Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
Entire Agreement; Modification. This Agreement, and any exhibits attached hereto, is the entire Agreement between the ETP and Property Owner with respect to the subject matter hereof and supersedes any prior agreement or communications between the ETP and Property Owner, whether written, oral, electronic or otherwise. ETP may modify, amended, or add to this Agreement by giving Property Owner 30-day notice of the modification, amendment, or addition. Property Owner has received independent legal advice regarding this Agreement and their respective rights and obligations set forth herein. Property Owner acknowledges and agrees that they are not relying upon any representations or statements made by ETP or its employees, agents, representatives or attorneys regarding this Agreement, except to the extent such representations are expressly set forth in this Agreement.
In witness whereof, the Parties hereto have executed this Services Agreement on the date set forth below.
Property Owner
By: | ||
Name: |
___________________________ |
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Title: |
__________________________ |
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Date: |
__________ |
ETP
By: | ||
Name: |
Blaine Smith |
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Title: |
Managing Member of ETP |
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Date: |
_____________ |