Service Agreement – Xatilynx | #1 Roofing Industry Software For Insurance Claims

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This Service Agreement (the “Agreement”) is entered into on the date listed below:

(the “Effective Date”), by and between

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(the “Property Owner”), whose address is located at:

and Alliance Specialty Contractor (“Alliance”), with an address of 4425 Holly Avenue, Columbus, GA 31904 (collectively, the “Parties”). During the term of this Agreement, it shall be the responsibility of Alliance to, in the presence of Property Owner, contact his or her insurance carrier, and facilitate the insurance claim process with each insurance company. Alliance will further handle all meetings with any adjusters at the time and date scheduled by the adjuster, and Alliance will provide any and all professional services related to the identification and recording of storm damage to the property and report the same to the insurance carrier without the Property Owner present (hereinafter referred to as the “Services”).

I Agree
I Do Not Agree

I. COMPENSATION FOR SERVICES (By checking the box below Homeowner acknowledges being explained each section)

1.1 Waiver of Payment. Upon the execution of this Agreement, any and all payment for Services shall be waived for Service amounts outlined by the Insurance Settlement Letter.
1.2 Default of the Agreement. In the event Property Owner defaults on this Agreement by terminating and replacing Alliance before completion of the Services outlined by the Insurance Settlement Letter, Property Owner agrees to compensate Alliance 20% (twenty percent) of the Insurance Settlement. (the “Default Payment”). Said Default Payment shall be paid to Alliance Specialty Contractor by cash, check, or money order to Alliance’s addressed listed for notice purposes herein within ten (10) days of receipt of any funds received under the Insurance Settlement Letter. Any such funds received by Property Owner shall be deemed trust funds to be held in trust by Property Owner with Property Owner acting in a fiduciary capacity on behalf of Alliance until such time Alliance receives the Default Payment.
1.3 Waiver of Defenses. Property Owner waives any and all defenses pertaining to the collection of any payments outlined herein, subject to Buyer’s Right to Cancel under State Law and agrees to the implementation of any necessary liens to ensure the timely collecting of any payments owed to Alliance under this Agreement.

Acknowledgement and Agreement to COMPENSATION FOR SERVICES

I Agree
I Do Not Agree

II. INDEMNIFICATION (By checking the box below Homeowner acknowledges being explained each section)

2.1 Indemnity. Property Owner agrees to indemnify and hold harmless Alliance and its officers, employees, agents, successors and assigns from and against any and all losses, liabilities, deficiencies, costs, damages, and expenses (including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred by Alliance as result of any inaccuracy in or breach of representations, warranties or covenants made by Property Owner herein. Property Owner agrees to indemnify and hold Alliance harmless for any lawn, shrubbery, or any real or personal property damage caused by moving equipment to and from the property except for that caused by negligent action of Alliance and/or its agents and employees.

Acknowledgement and Agreement to INDEMNIFICATION

I Agree
I Do Not Agree

III. GENERAL PROVISIONS (By checking the box below Homeowner acknowledges being explained each section)

3.1 Entire Agreement. The provisions of this Agreement constitute the entire agreement between Independent Contractor and the Company, and supersede all previous negotiations and documents related to the subject matter hereof. There are no representations, warranties, covenants, understandings, or agreements, oral or otherwise, relating to the subject matter hereof or thereof other than those included herein or therein.
3.2 Amendment or Modification. No amendment, modification, or repeal of this Agreement shall be adopted unless in writing, with the signatures of both Alliance and Property Owner. No oral modification shall be binding upon any party.
3.3 Mediation and Arbitration. Alliance and Property Owner agree that any dispute, controversy, breach, or claim arising under this Agreement shall be resolved through a mediation-arbitration approach and agree to waive their right to a jury trial. Alliance and Property Owner agree to select a mutually agreeable, neutral third party to mediate any dispute that arises related to the terms of this Agreement or the relationship created by this Agreement. In the event mediation fails, all aspects of any such dispute shall then be resolved by binding arbitration which shall be in accordance with the rules of the American Arbitration Association. All matters related to the mediation and arbitration shall be treated as confidential and neither the parties nor the arbitrator may disclose the existence, content, or results of the arbitration, except as necessary to comply with legal requirements. Each side shall bear their own attorney’s fees and costs.
3.4 Compliance. Alliance and Property Owner agree to comply with all applicable regulations of the business operations and all other applicable laws, rules, and regulations.
3.5 Governing Law. This Agreement shall be governed by and construed in accordance with the Laws of the State of Georgia, with venue for the resolution of any disputes in the County of Muscogee County, Georgia.

Acknowledgement and Agreement to GENERAL PROVISIONS

I Agree
I Do Not Agree

NOTICE OF BUYER’S RIGHT TO CANCEL (By checking the box below Homeowner acknowledges being explained each section)

THIS SALE WAS COMPLETED ON THE EFFECTIVE DATE LISTED ABOVE. IF THIS AGREEMENT WAS SOLICITED AT YOUR RESIDENCE AND YOU DO NOT WANT THE GOODS OR SERVICES, YOU MAY CANCEL THIS AGREEMENT BY DELIVERING OR MAILING A NOTICE TO THE SELLER. THE NOTICE MUST SAY THAT YOU ARE CANCELLING THE AGREEMENT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT. THIS NOTICE MUST BE MAILED OR DELIVERED TO: ALLIANCE SPECIALTY CONTRACTORS, 4425 HOLLY AVENUE, COLUMBUS, GA 31904

Acknowledgement and Agreement to NOTICE OF BUYER’S RIGHT TO CANCEL

I Agree
I Do Not Agree

By signing this agreement, Property Owner confirms that Buyer’s Right to Cancel was verbally explained by Alliance, and Property Owner acknowledges his or her understanding of this right. The Parties hereby agree to the terms and conditions set forth in this Agreement and such is demonstrated throughout by their signatures below:

I Agree to Affix My Digital Signature Below
I Do Not Agree to Affix My Digital Signature Below

Property Owner Digital Signature

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Alliance Specialty Contractor Digital Signature

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