Consolidated Analytics

CA Valuations Services Agreement


   VALUATIONS SERVICES AGREEMENT

This Agreement (“Agreement”) is made and entered into by between Consolidated Analytics, Inc. (“Consolidated Analytics”), together with its subsidiaries and affiliates, and (hereinafter, “Client”).  Consolidated Analytics and Client may be referred to individually as a “Party” or collectively as the “Parties.”

  1. DESCRIPTION OF SERVICES; RATES FOR SERVICES

Consolidated Analytics will perform real estate valuation services (herein the “Services”) for Client on an as-requested basis through a “Service Order.”  The Services include standard appraisal products, hybrid appraisal and risk analysis products, alternative valuation products such as BPOs, and client-specific customized solutions.

The fees for Services are available upon request and are updated from time to time.  Standard fees exclude complex and rural properties (i.e., acreage, farms, non-conforming, etc.) which may be priced based upon complexity and work involved. 

A trip fee will be charged when a scheduled inspection cannot be conducted for reasons beyond appraiser's control (e.g., unable to gain entry, etc.).  Any trip fee will be based on time and distance to subject property. 

A change of circumstance requiring reassignment or change in assignment type may result in a change in price. A change in market conditions, including appraiser availability, may require a fee increase.

Appraisal turn times may be affected by property type, geographic location, market conditions, appraiser availability.  Average turn times are 7 days or less. 

  1. DELIVERABLES

Consolidated Analytics shall provide a web-accessible order placement platform where Client may electronically submit Service Orders.  Services will be completed in a format commonly used for real estate valuations.  Hybrid and/or customized valuation products offered by Consolidated Analytics will be prepared on Consolidated Analytics’ proprietary report format, or such other format as Client may request and the Parties agree upon in advance.

  1. ORDER CANCELLATION

Service Orders that are canceled after commencement of work but prior to completion will incur a cancellation fee based on the amount of work that has been completed at time of cancellation. 

  1. LEGAL RELATIONSHIP OF THE PARTIES

The Parties are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the Parties.  Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Client and either Consolidated Analytics or any employee or agent of Consolidated Analytics.  During the performance of Services under this Agreement, Consolidated Analytics’ employees will not be considered employees of Client for any purpose whatsoever. 

  1. CONFIDENTIAL INFORMATION

Each Party acknowledges that in order to perform the Services called for in this Agreement, it may be necessary for each party (the “Disclosing Party”) to disclose to the other party (the “Receiving Party”) certain Confidential Information, as defined herein, that has been developed by or on behalf of the Disclosing Party at great expense and that has required considerable effort of skilled professionals. 

For purposes of this Agreement and as used herein, the term “Confidential Information” shall mean any business, scientific or technical data, information, design, process, procedure, formulas, software, product concepts or features, technology, financial or statistical information, or other proprietary intellectual property and materials or improvement thereto that is proprietary to the Disclosing Party or is not generally known in the industry.  Confidential Information shall not include information that:

(a)       Is as of the time of its disclosure part of the public domain;

(b)       Is subsequently learned from a third party without a duty of confidentiality;

(c)       At the time of disclosure was already in the possession of the Receiving Party;

(d)       Was developed by employees or agents of the Receiving Party independently of and without reference to any information communicated to the Receiving Party; or

(e)       Is required to be disclosed pursuant to a court order or government authority, whereupon the Receiving Party shall, at its earliest opportunity, provide written notice to the Disclosing Party prior to such disclosure and, where feasible, give the Disclosing Party a reasonable opportunity to secure a protective order or take other action as appropriate.

Information shall be deemed to be “disclosed” by a Disclosing Party if Confidential Information is disclosed by any of its partners, affiliates, officers, employees, directors, contractors, agents or representatives or is otherwise disclosed on behalf of a Disclosing Party.  Each Party agrees to:

(a)       Receive Confidential Information disclosed hereunder in confidence;

(b)       Not reproduce or disclose any such Confidential Information or any part thereof to a person outside the Party’s business organization for any purposes unless expressly authorized by the owner of such Confidential Information;

(c)       Limit dissemination of such Confidential Information to persons within the Party’s business organization who have a need to receive such Confidential Information;

(d)       Reasonably safeguard the Confidential Information and in any event at least to the same extent that it safeguards its own confidential materials or data.

(e)       Promptly notify Disclosing Party in writing of any actual or suspected loss or unauthorized use, disclosure or access of Disclosing Party’s Confidential Information of which it becomes aware, and take all steps reasonably requested by Disclosing Party to limit, stop, or otherwise prevent such loss or unauthorized use, disclosure or access.

This Section 5 survives termination of this Agreement (i.e., after delivery of the Services performed by Consolidated Analytics pursuant to this Agreement).

  1. REPRESENTATIONS AND WARRANTIES

Client represents and warrants that it is requesting Consolidated Analytics’ Services on behalf of the lender identified above.  Client agrees and acknowledges that the Services rendered by Consolidated Analytics pursuant to this Agreement are requested by and originated in the name of Client, on behalf of and for the benefit of the lender identified above.

  1. LIABILITY DISCLAIMER

EXCEPT FOR LIABILITY FOR BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH UNDER PARAGRAPH 5 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER IN CONTRACT OR TORT FOR BREACH OF WARRANTY OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, NOR FOR LOSS OF REVENUE, BUSINESS PROFITS, INTEREST, OR ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION, LOSS OF OR DAMAGE TO RECORDS OR DATA, PENALTIES OR THIRD-PARTY CLAIMS FOR LOSS OR DAMAGE OR OTHER COMPENSATION ARISING FROM ANY ACT OR OMISSION OF SUCH PARTY, OR ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, OR FOR ACTS OF NEGLIGENCE THAT ARE NOT INTENTIONAL OR RECKLESS IN NATURE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE BASIS ON WHICH THE RELATED CLAIM MAY BE MADE.

EXCEPT FOR LIABILITY UNDER PARAGRAPH 5 OF THIS AGREEMENT, IN NO EVENT SHALL A PARTY’S AGGREGATE LIABILITY ARISING OUT OF A SERVICE ORDER EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT FOR THE SERVICE ORDER THAT IS THE SUBJECT OF THE PARTY’S CLAIM.

  1. MISCELLANEOUS

This Agreement shall commence upon Client’s signing below and, except for the continuing obligations set forth at Paragraph 5 of this Agreement, shall continue until Consolidated Analytics has delivered the Services and/or Deliverables as requested by Client pursuant to this Agreement.  This Agreement expresses the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, commitments and understandings.

 

Leave this empty:

Signature arrow sign here

Signed by Chris McLain
Signed On: May 10, 2024


Signature Certificate
Document name: CA Valuations Services Agreement
lock iconUnique Document ID: e81886e9da09df7198d58b68c11bbcd9df182b8e
Timestamp Audit
May 9, 2024 9:07 am PSTCA Valuations Services Agreement Uploaded by Chris McLain - Cmclain@ca-usa.com IP 24.128.25.189
May 9, 2024 9:12 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189
May 9, 2024 9:24 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189
May 10, 2024 7:43 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189
May 10, 2024 8:08 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189
May 10, 2024 8:11 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189
May 10, 2024 9:06 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189
May 10, 2024 9:10 am PSTChris McLain - cmclain@ca-usa.com added by Chris McLain - Cmclain@ca-usa.com as a CC'd Recipient Ip: 24.128.25.189