A home inspector (an “Inspector”) who requests Joe Ferry, the Home Inspection Lawyer and his staff (the “Company”) to perform the services indicated on the Home Inspection Services Menu page, which is the first page of this Home Inspection Services Agreement (this “Agreement”), signs this Home Inspection Services Agreement and is in compliance with its terms (including timely making all payments required), is eligible to receive the following benefits, depending on the specific services selected by the Inspector:
Subject to the conditions below, an Inspector who is a member of the ClaimIntercept Program is eligible to receive:
In addition to annual discounted pricing, a multi-Inspector firm that purchases memberships in the ClaimIntercept Program as part of a group of home inspectors may transfer a membership from a departing home inspector to another home inspector with the same firm and the new inspector will become a member of the ClaimIntercept Program for the duration of the annual membership. However, the benefits of ClaimIntercept available to the former member cease upon the date of transfer.
Any claim or demand letter received from or on behalf of an Inspector’s customer (e.g. by mail, e-mail, phone call) fifteen days (15) prior to becoming a member or within fifteen (15) days subsequent to the inspector becoming a member of the ClaimIntercept Program is excluded from coverage under the ClaimIntercept Program. Note: Coverage for such matters may be available through the Ad Hoc Program (see below).
Reputation management (see below) is not part of the ClaimIntercept Program. However, the Company may advise as it considers appropriate on reputation management matters if the Inspector elects to become an Ad Hoc Participant (see below).
Any claim or demand letter received by an Inspector from or on behalf of an Inspector’s customer before the Inspector applies for membership in the ClaimIntercept Program is excluded from coverage under the ClaimIntercept Program. However, such claim or demand letter may be handled by the Company if the Inspector elects the Ad Hoc Program option. The Company will advise on handling such complaints and demand letters so long as the allegations in the pre-existing complaint or demand letter are determined by the Company not to be meritorious or credible (see Conditions below).
Complaints by third parties such as, for example, the Better Business Bureau or complaints that are put on social media without a demand letter are considered reputational management. Defamation or disparagement online is considered reputational management harm. Reputational management is not included within membership of the ClaimIntercept Program. However, reputational management may be handled by the Company if the Inspector elects the Ad Hoc Program option so long as the claims relating to the alleged reputational harm are determined by the Company not to be meritorious or credible (see Conditions below).
The ClaimIntercept Program and the Ad Hoc ClaimIntercept Program benefits are available to an Inspector so long as the following conditions are each satisfied:
If Inspection Agreement Audit services are selected by the Inspector, then the Inspector will submit his/her existing home inspection agreement along with payment information in advance of the Company reviewing the Inspector’s agreement.
The Company will review the home inspection agreement and endeavor to complete review within thirty (30) days after receipt of the agreement. The Company will provide the Inspector with any recommended revisions to the agreement along with the explanation as to why the Company believes that the modifications are appropriate.
In addition, the Inspector may schedule a post-review conference call with the Company to discuss implementation of the Inspector’s revised home inspection agreement and feedback from the Inspector. The Inspector will receive instructions for post-review scheduling within the audit documents and in post-review email correspondence, all at no additional cost to the Inspector.
Monthly Payment Option. Monthly payments for the ClaimIntercept Program membership (if the monthly payment option is selected) shall be paid every month as determined by start date and shall provide membership for that entire membership month unless there is a termination in accordance with these General Terms of the ClaimIntercept Program (“General Terms”) before the end of such membership month.
Annual Payment Option. Annual payment for the ClaimIntercept Program membership (if the annual payment option is selected) shall be paid every year as determined by start date and shall provide membership for the entire 12-month membership period from such date unless there is a termination in accordance with these General Terms before the end of such month.
One-Time Payment – Ad Hoc Program. If the Inspector elects the Ad Hoc Program, then the applicable payment shall be made along with all relevant documentation concerning the existing complaint and/or demand letter from the Inspector’s customer(s) within ten (10) days after the Inspector returns a signed original of this Agreement to the Company.
One-Time Payment—Inspection Agreement Audit. If the Inspector elects the Inspection Agreement Audit, the current home inspection agreement shall be uploaded to www.joeferry.com/upload for review and recommendations and payment shall be made prior to the Company’s review. The payment will be processed one month from the service purchase date.
Automatic Renewal. Monthly and annual payments will automatically renew whether the ClaimIntercept Program member elects to pay monthly or annually. To discontinue the automatic renewal feature, the Inspector is required to terminate its membership in the ClaimIntercept Program as provided in these General Terms.
Inspector Termination. The Inspector may terminate membership in the ClaimIntercept Program at any time for any reason after first providing the Company with thirty (30) days written notice (by e-mail or letter). ClaimIntercept Program member benefits cease at the end of the membership month for which payment has been made and at the end of the applicable 12-month membership term if the Inspector has paid an annual fee. Without limiting the foregoing, all monies due and owing shall be paid promptly to Company by Inspector irrespective of any termination hereunder.
No Refund. No refund shall be made to an Inspector if it terminates an annual membership.
Company Termination. The Company may terminate the Inspector’s participation in the ClaimIntercept Program “for cause” immediately. Examples of for cause include evidence of dishonest conduct pertaining to claim issues, unlawful business practices as deemed by Company, etc. The Company will cease providing any benefits to an Inspector terminated for cause. Any complaints or demand letters then being handled by the Company will be returned to the Inspector and the Company shall no longer be involved in such matter. Without limiting the Company’s rights and remedies available at law or in equity, all monies due and owing shall be paid promptly to the Company by the Inspector irrespective of any termination hereunder.
Dispute Resolution. Any disputes that arise between the Company and the Inspector shall be handled exclusively by arbitration administered by the American Arbitration Association in Philadelphia, Pennsylvania and Pennsylvania law shall apply to govern such dispute notwithstanding any conflicts of laws provisions. The number of arbitrators shall be three, with each party appointing one arbitrator and the third chosen by the two (2) arbitrators. The arbitration award shall be deemed final and binding on the parties. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The reasonable attorneys’ fees of the prevailing party shall be promptly paid for by the non-prevailing party.
Independent Contractor. The Company shall at all times act as an independent contractor and not as an employee of Inspector or a joint venture partner with the Inspector. Without limiting the foregoing, the Company may act as the Inspector’s representative but shall do so as an independent contractor, free to handle complaints or demand letters as it deems appropriate.
Assignment. Except as provided as a multi-Inspector benefit (see above), this Agreement is not assignable by either the Inspector or the Company without the prior written consent of the other party, such consent not to be withheld, delayed or conditioned unreasonably except that, without the consent of the Inspector, the Company may assign this Agreement to an affiliate of the Company, now or hereafter existing, or the Company may assign this Agreement to a purchaser of all or substantially all of the business or assets to which this Agreement relates.
Notices. Any notice shall be deemed to have been duly given when delivered by hand, if personally delivered, on the next business day after receipt reflecting delivery to the overnight courier, if delivered by overnight courier, postage prepaid, and upon completion of confirmed facsimile transmission, if sent by facsimile, to the respective addresses set forth on the Home Inspection Services Menu page.
Non-Disparagement. Each of Inspector and Company agrees to take no action which is intended, or would reasonably be expected, to harm the other party hereto or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to such party.
Headings. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction hereof.
Counterparts. This Agreement may be executed by the exchange of faxed executed copies, electronic signatures or copies delivered by electronic mail, and any signature transmitted by such means for the purpose of executing this Agreement shall be deemed an original signature for purposes of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, but all of which together shall constitute but one and the same instrument.
Entire Agreement. This Agreement (including, without limitation, the Home Inspection Services Menu) contains the entire agreement between the parties hereto, and this Agreement cannot be amended, altered or modified unless same is in writing and signed by the parties.
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