TERMS AND CONDITIONS(SERVICE AGREEMENT)
Last updated October 20, 2023
1. Authorization; Services; Term
The undersigned property owner or their authorized agent ("Owner") hereby engages and authorizes The Avenue, LLC. ("Company") to act as their representative in property tax-related matters, excluding any activities considered the practice of law, with the goal of reducing the assessed value of the property ("Property") as identified in the attached "Appointment of Agent for Property Tax Matters" ("Agent Appointment"). By signing the Agent Appointment, Owner agrees to adhere to the terms of this Service Agreement.
Unless otherwise specified in the Agent Appointment, the authorization granted to Company by Owner includes, but is not limited to: (a) completing and submitting the Agent Appointment (or any similar agent authorization forms required by relevant property tax assessment or appraisal authorities); (b) obtaining Property, Owner, and tax information from pertinent property tax assessment or appraisal authorities; (c) representing Owner and negotiating with relevant property tax assessment or appraisal authorities on Owner's behalf; (d) presenting evidence and arguments in favor of Owner before independent review boards at the county or state level. The services provided by Company do not encompass binding arbitration support or appeals to District Courts. Company retains the right to reschedule a hearing date when necessary and to make clerical corrections to this Service Agreement, the Agent Appointment, or similar agent authorization forms, such as correcting errors in parcel numbers or street addresses, at its discretion, without Owner's approval. Revised documents will be provided to Owner upon request.
Unless otherwise stated in the Agent Appointment, the authorization given by Owner to Company shall remain in effect until revoked in writing by Owner or until such time as authorized by applicable law.
2. Contingency Fee; Payment
In the event that the Company or its agents achieve property tax savings for the current year and recover tax overpayments from previous years (if applicable), Owner agrees to pay a commission equal to 15% of the total property tax savings. Property tax savings are defined as the difference between the Initial Notice Taxable Value and Final Taxable Value, multiplied by the latest known tax rate. Furthermore, if an appeal hearing is required, the client hereby agrees to pay an hourly rate of $150, in addition to the contingency fee. Owner may choose to attend this meeting themselves thereby avoiding additional hourly cost. The commission is payable for the tax year in which Company is engaged and authorized to pursue property tax reduction. If the Property is sold within the current appeal year, the full commission is due, regardless of the sale date.
Invoices are due within 30 days of receipt by Owner unless otherwise specified. Payment can be made online, over the phone, or sent to Company at the following address: The Avenue, LLC 203 Scott St., Beaufort, SC 29201-5392. Unpaid invoices will accrue interest at a rate of 3% per month, and Owner shall be responsible for any collection costs, including reasonable attorney's fees. Company is authorized to record a lien against any real property of Owner for any outstanding balance.
3. Termination
Owner may terminate this Service Agreement at any time and for any reason by providing written notice to Company at: [email protected]. Company may terminate this Service Agreement, withdraw as Owner's agent, or withdraw any pending appeal at any time and for any reason, including, but not limited to, Owner's failure to make timely payments or provide requested information or documents necessary for Company to perform its services. Company will provide written notice to Owner of any such termination. Owner remains responsible for any commission owed to Company for services performed before the effective date of termination.
4. Disclaimers
While Company will use commercially reasonable efforts to obtain and submit a valid authorization for Owner's representation to the relevant appraisal district(s), Company shall not be held liable if any appraisal district refuses to accept such authorization.
COMPANY MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, UNDER THIS SERVICE AGREEMENT, WHETHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE. SPECIFICALLY, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE THAT A REDUCTION IN THE ASSESSED VALUE OF OWNER'S PROPERTY WILL RESULT FROM COMPANY'S SERVICES. OWNER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY SHALL NOT BE LIABLE TO OWNER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS SERVICE AGREEMENT OR ITS TERMINATION; AND (B) COMPANY'S LIABILITY ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY OWNER TO COMPANY UNDER THIS SERVICE AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THESE LIMITATIONS OF LIABILITY. IF APPLICABLE LAW MAKES ANY OF THESE LIMITATIONS INAPPLICABLE, THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Severability
If any clause or part of a clause in this Service Agreement is deemed invalid under the rule of law, it shall be considered stricken, but the remaining provisions of this Service Agreement shall remain in full force.
7. General Terms
This Service Agreement constitutes the entire agreement between the parties, and Owner acknowledges that no other agreements or understandings exist, whether oral or written, pertaining to real estate tax reduction services for the property described herein, beyond the scope of this Service Agreement. This Service Agreement is governed by the laws of the State of South Carolina, without regard to its choice or conflict of law principles. The exclusive jurisdiction and venue for actions related to this Service Agreement are the state courts located in Richland County, South Carolina, or the United States District Court for the District of South Carolina. Both parties submit to the personal jurisdiction of these courts.
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