Terms of Service Agreement

SERVICE AGREEMENT

1. SERVICES AND DELIVERABLES
   
   1. Scope. The Appraisal Company will perform a professional vehicle appraisal of the Client’s vehicle to determine its diminished value (“DV”) or total loss (“TL”) valuation, including market research, damage analysis, repair review, and the application of the Appraisal Company’s valuation methodology. The deliverable is a written appraisal report (the “Report”).
      
   2. Claim Support. The Appraisal Company will provide reasonable claim-support communications relating to the Report, including responses to insurer challenges and assistance with the Appraisal Clause process where applicable. Claim support does not include the practice of law, the rendering of legal advice, or the negotiation of any legal claim on behalf of the Client.
      
   3. Expert Witness Services. If court testimony is required, an Expert Witness fee of $350.00 per hour applies. Travel expenses (mileage, parking, lodging, and other reasonable out-of-pocket costs) are billed in addition to the hourly fee. The Expert Witness fee is earned and due if (a) the appraiser appears for testimony, (b) the matter resolves on the day of court, or (c) the appraiser is in transit to the court. Travel charges may apply for appearances outside the Metro Atlanta area.
   4. Professional Standard. The Appraisal Company’s appraiser is a court-qualified expert in Georgia state court and applies a published, defensible valuation methodology. The Appraisal Company warrants only that services will be performed in a professionally competent manner consistent with prevailing industry standards. The Appraisal Company does not guarantee any particular settlement outcome, recovery, or insurer response.
      
      
2. FEES, PAYMENT, AND AUTHORIZATION
   
   1. Fees. Client agrees to pay the Appraisal Company’s fee in the amount disclosed at engagement (the “Fee”), plus any Expert Witness or travel fees described in Section 1.3. The Fee is for professional services rendered, not for any particular result.
   2. Payment Authorization. By submitting payment, Client authorizes the Appraisal Company to charge the payment method provided for the Fee. Client represents that Client is the authorized user of the payment method.
   3. Acceptance. Submission of payment constitutes Client’s acknowledgment that (a) Client has read this Agreement, (b) services have been initiated or rendered, (c) Client accepts these terms, and (d) Client waives any dispute inconsistent with these terms.
      
      
3. DELIVERY, ACCEPTANCE, AND COMPLETION OF SERVICES
   
   1. Delivery. The Appraisal Company will deliver the Report to the email address or client portal designated by the Client. Delivery is complete upon transmission to that address or portal. Client is responsible for ensuring the designated email address is monitored and capable of receiving the Report.
   2. Deemed Acceptance. The Report is deemed received, accepted, and approved by the Client unless the Client provides specific written objection to [email protected] within five (5) business days of delivery, identifying the specific section(s) of the Report alleged to be deficient and the basis for the objection. Failure to object within this period constitutes Client’s irrevocable acceptance of the Report and acknowledgment that services have been fully and satisfactorily rendered.
   3. Services Rendered Upon Commencement. Because the Appraisal Company’s services are custom professional work product, services are deemed rendered and non-returnable once the Appraisal Company has commenced research, valuation analysis, or report preparation, except as expressly provided under the Limited Money-Back Guarantee in Section 5.
      
      
4. MANDATORY PRE-DISPUTE NOTICE
   
   1. Pre-Dispute Notice Required. If Client believes the Appraisal Company has failed to deliver any portion of the contracted services, has delivered services not as described, or has otherwise breached this Agreement, Client agrees, as a material condition of this Agreement, to provide the Appraisal Company with written notice of the alleged deficiency, in accordance with Section 4.2, before initiating any legal proceeding, regulatory complaint, or payment dispute or chargeback with Client’s card issuer. Nothing in this Section 4 limits any right Client may separately have under applicable law or card network rules; it establishes Client’s contractual obligation to the Appraisal Company, independent of any process available through a card issuer or network.
   2. Notice Requirements. Written notice must be sent by email to [email protected] and must specifically identify (a) the service or deliverable alleged to be deficient, (b) the specific basis for the alleged deficiency, and (c) the resolution sought by Client. Notice that does not include all three elements is not effective notice under this Section.
   3. Failure to Provide Notice. Client’s failure to provide proper notice under this Section 4 before initiating a chargeback, payment dispute, regulatory complaint, or legal proceeding constitutes a material breach of this Agreement. In any dispute, such failure is a complete bar to any claim by Client of non-delivery, non-performance, or service deficiency, and may be considered by a court or arbitrator as evidence bearing on whether a subsequently filed chargeback or dispute was made in good faith. Nothing in this Section 4 restricts Client’s right to leave a truthful review or complaint about Client’s experience, consistent with the Consumer Review Fairness Act and applicable law.
      
      
5. LIMITED MONEY-BACK GUARANTEE
   
   1. Conditional Guarantee. The Appraisal Company offers a limited, conditional Money-Back Guarantee (the “Guarantee”). The Guarantee is offered as a courtesy and is not a warranty of result. A refund under the Guarantee may be considered only if all of the following are true:
      – The final, verified settlement of the Client’s DV or TL claim is less than the Fee paid;
      – The Client fully complied with all written and verbal instructions, recommendations, and timelines provided by the Appraisal Company; 
      – The Client pursued the claim through completion, including legal action if recommended by the Appraisal Company; and 
      – None of the exclusions in Section 5.3 applies.
   2. Total Loss Third-Party Limitation. For Total Loss claims pursued through a third-party insurance carrier where the Client does not carry full coverage (comprehensive and collision) insurance, no refund will be issued if the claim is denied for any reason, including liability disputes or coverage determinations.
   3. Exclusions. The Guarantee does not apply if any of the following is true:
      – Insurance policy limits were insufficient or exhausted; 
      – Client was reimbursed by any insurer for appraisal costs; 
      – Client signed any release, waiver, or settlement agreement; 
      – Client failed to follow written or verbal instructions; 
      – Client declined or failed to pursue recommended legal action; 
      – Client is not the titled vehicle owner; 
      – If the vehicle is leased; 
      – The vehicle had any prior accident or damage history; 
      – The claim was denied due to factors outside the Appraisal Company’s control.
   4. Documentation Required. All refund requests require complete documentation, including settlement checks or denial letters, insurance correspondence, and proof of lawsuit filing and outcome (if applicable). Refunds will not be considered without complete documentation.
   5. Refund Cap. Any approved refund is limited solely to the amount paid for the Report. No incidental, consequential, or other damages are recoverable.
   6. Tennessee Claims. The Guarantee does not apply to claims arising in Tennessee due to controlling case law (see Grimes v. Hancock).
   7. Final Authority. The Appraisal Company retains sole and final discretion regarding refund eligibility under this Section 5.
      
      
6. CHARGEBACKS AND DISPUTE RESOLUTION
   
   1. Acknowledgment of Harm. The Parties acknowledge that the Appraisal Company’s services are custom professional services that cannot be returned, recalled, or resold once rendered, and that a wrongful chargeback causes the Appraisal Company direct financial harm including loss of the Fee, processor penalties, administrative cost of representment, and reputational injury.
   2. Mandatory Pre-Dispute Process. Client agrees, as a material term of this Agreement, that Client will not initiate or threaten any chargeback, payment dispute, or reversal of any Fee paid to the Appraisal Company without first complying in full with the Notice provisions of Section 4. Compliance with Section 4 is a condition precedent to any payment dispute.
   3. Wrongful Chargeback Defined. A “Wrongful Chargeback” means any chargeback, payment dispute, or reversal initiated by the Client (a) without first complying with Section 4; (b) on grounds the Appraisal Company has demonstrably refuted with documentary evidence; (c) after the Client has accepted or used the Report, including by submitting it to an insurer, attorney, court, or third party; (d) after Client has received a settlement, payment, or recovery in connection with the claim; or (e) on grounds inconsistent with this Agreement.
   4. Liquidated Damages. The Parties acknowledge that the Appraisal Company’s damages from a Wrongful Chargeback are difficult to calculate with precision and that the following amount is a reasonable pre-estimate of those damages and is not a penalty. In the event of a Wrongful Chargeback, Client shall pay to the Appraisal Company, as liquidated damages and not as a penalty, the sum of (a) the full disputed amount, plus (b) a $250.00 administrative and representment fee, plus (c) all reasonable attorney’s fees and costs of collection (including under O.C.G.A. section 13-1-11), plus (d) any processor fees or penalties assessed against the Appraisal Company as a result of the dispute.
   5. Acknowledgment of Use. Client expressly acknowledges that the Report, once delivered, has independent value to the Client whether or not the underlying insurance claim succeeds, and that any use of the Report by the Client or Client’s counsel, including transmission to an insurer, attorney, court, or third party, constitutes Client’s receipt and acceptance of the services rendered. 6.6 American Express. Where payment is made by American Express, Client agrees to comply with the Notice process in Section 4 prior to any inquiry or dispute through American Express, and acknowledges that initiation of an Amex inquiry or dispute without first complying with Section 4 constitutes a Wrongful Chargeback under Section 6.3.
      
      
7. CLIENT COMPLIANCE AND INDEPENDENT JUDGMENT
   
   1. Compliance Requirement. Strict compliance with all instructions, documentation requests, and timelines provided by the Appraisal Company is mandatory. Non-compliance renders the Guarantee null and void and may impair the Appraisal Company’s ability to support the claim.
   2. Legal Action. If the Appraisal Company recommends that Client retain counsel and pursue legal action and Client declines or fails to do so, Client forfeits Guarantee eligibility. The Appraisal Company can assist in connecting Client with qualified legal counsel upon request.
   3. No Legal Advice; Independent Judgment. The Appraisal Company does not provide legal advice and is not engaged in the practice of law. All settlement decisions are the Client’s and are made in consultation with the Client’s own legal counsel. Client acknowledges that Client has had the opportunity to consult independent counsel before signing this Agreement.
      
      
8. FREE CONSULTATIONS AND COMMUNICATION
   
   The Appraisal Company offers free phone consultations to set realistic expectations, explain claim-specific risks, and answer questions before or after engagement. Clients are encouraged to contact the Appraisal Company at (770) 675-1828 or [email protected] for clarification at any time prior to or following payment.
   
   
9. GOVERNING LAW, VENUE, AND ATTORNEY’S FEES
   
   1. Governing Law. This Agreement is governed by and construed under the laws of the State of Georgia, without regard to its conflict-of-laws provisions.
   2. Exclusive Venue. The Parties agree that the exclusive venue for any action arising out of or relating to this Agreement, including any action to recover liquidated damages under Section 6.4, shall be the State or Magistrate Court of Fulton County, Georgia, or, where jurisdictional thresholds require, the State or Superior Court of Fulton County, Georgia. Client consents to personal jurisdiction in Georgia and waives any objection based on forum non conveniens.
   3. Attorney’s Fees and Costs. In any action arising under this Agreement, the prevailing Party is entitled to recover reasonable attorney’s fees, court costs, and costs of collection. The Parties further acknowledge that the Appraisal Company may invoke O.C.G.A. section 13-1-11 by giving statutory notice and is entitled to its protections in any action on this Agreement.
   4. Statute of Limitations. Any action by Client against the Appraisal Company arising out of or relating to this Agreement or the services rendered must be commenced within sixty (60) days after the later of (a) delivery of the Report, or (b) final resolution of the underlying insurance claim (whether by settlement, denial, or verdict), notwithstanding any longer statutory limitations period that might otherwise apply, to the extent permitted by Georgia law.
      
      
10. LIMITATION OF LIABILITY
    
    The Appraisal Company’s total cumulative liability arising out of or relating to this Agreement, regardless of the legal theory, is limited to the amount of the Fee actually paid by the Client for the Report. In no event is the Appraisal Company liable for indirect, incidental, consequential, special, or punitive damages, including lost insurance recovery, lost settlement value, or attorney’s fees of the Client, whether or not the Appraisal Company has been advised of the possibility of such damages.
    
    
11. GENERAL PROVISIONS
    
    1. Entire Agreement. This Agreement is the entire agreement between the Parties on its subject matter and supersedes all prior or contemporaneous understandings. No oral statement modifies this Agreement.
    2. Amendments. Any amendment must be in writing and signed by both Parties.
    3. Severability. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
    4. Electronic Signatures. This Agreement may be signed electronically. Electronic signatures (including DocuSign, Dropbox Sign, or similar) are deemed originals for all purposes under the federal E-SIGN Act and the Georgia Uniform Electronic Transactions Act.
    5. Assignment. Client may not assign this Agreement without the Appraisal Company’s prior written consent. The Appraisal Company may assign this Agreement in connection with a sale or restructuring of its business.
    6. Headings. Section headings are for convenience only and do not affect interpretation.