TERMS AND CONDITIONS FOR SERVICES

 

These Terms and Conditions for Services (these “Terms”) exclusively govern the provision of Services by Irwin Code Consulting, LLC (“Consultant”) to the customer requesting the Services (“Customer”).  Customer agrees to be legally bound by these Terms.

 

1. Consulting Services.  Consultant will provide to Customer a virtual audit of the Occupancy Permit and Building Permit status with the City of Pittsburgh of the property identified by Customer (the “Property”), and will issue a written report (“Report”) disclosing the zoning classification of the Property, any building violations, open permits, and outstanding judgments on record with the City of Pittsburgh, and if one exists, information regarding the Property’s latest certificate of occupancy (collectively, the “Services”).  The Services do not include consultation regarding or remediation of issues listed in the Report, which may be available for a separate fee.  Consultant will perform the Services in a prompt, professional manner, consistent with industry standards and will adhere to all applicable laws, rules, and regulations in connection with its provision of the Services (the “Limited Warranty”).  If Customer is a provider of settlement services, as that term is defined in 12 U.S.C. § 2602, the Provisions Applicable to Settlement Service Providers are part of these Terms.

2. Commencement of Services.  Services commence on the date that Customer accepts these Terms and Consultant receives payment for the Services and Services terminate upon delivery of the Report to Customer.  The fee paid by Customer is nonrefundable once Services commence.

3. Delivery of Report.  Consultant will deliver the Report in PDF to the email address selected by Customer no later than 3 days after Services commence.  Consultant will endeavor to provide the Report earlier if Customer requests but will not be in breach of these Terms if Consultant does not deliver the Report on the earlier date requested by Customer.

4. Payment and Taxes.  The fee for Services for each residential Property is seventy-five dollars ($75) and the fee for Services for each commercial Property is one hundred fifty dollars ($150).  Company will determine whether a Property constitutes a residential or commercial property.  Fees must be prepaid at the time of ordering Services.

5. Limitation of Liability.  THE SERVICES RELY ON THE CONTENT OF THIRD PARTY DATABASES WHICH MAY BE INACCURATE OR INCOMPLETE, AND CUSTOMER AGREES TO ASSUME THESE RISKS.  ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONSULTANT, ITS MEMBERS, AFFILIATES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS, LOSS OF TIME OR OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF PRIVACY (COLLECTIVELY, “LOSSES”), IRRESPECTIVE OF THE LEGAL THEORY UNDER WHICH ANY SUCH LOSSES MAY BE CLAIMED, WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY VIOLATION, OR OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSSIBILITY OF ANY LOSSES WAS MADE KNOWN TO OR FORESEEABLE BY CONSULTANT.  IN NO EVENT WILL THE AMOUNT OF LOSSES THAT CUSTOMER MAY RECOVER AGAINST CONSULTANT FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE AMOUNT PAID FOR THE SERVICES GIVING RISE TO THE CLAIM.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

6. Applicable Law; Jurisdiction.  This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles.  The state and federal courts located in Allegheny County, Pennsylvania will have exclusive jurisdiction over any claim, controversy, or dispute arising out of or relating to this Agreement or the Services.  Each party agrees that venue in these courts is proper and agrees not to maintain or argue that such courts are improper or inconvenient.

7. Complete Agreement.  These Terms, including the Terms Applicable to Settlement Service Providers, if applicable, constitute the entire agreement between the parties related to the Services and supersede all previous and contemporaneous negotiations, agreements, understandings, representations, and commitments that exist or may have existed between the parties related to the Services.  These Terms may not be amended or modified absent express written agreement of Consultant and Customer.

 

 

Provisions Applicable to Settlement Service Providers

 

1. Customer acknowledges and agrees that the fee represents fair market value for the Services.

2. Customer and Consultant each acknowledge and agree that neither of them has provided, received, solicited, or attempted to provide, receive, or solicit any fee, kickback, or other thing of value in connection with any referral of services, including the Services.

3. Customer will not require any of its customers to use the services of Consultant as condition of the settlement of any loan or for the purchase, sale, or refinance of any property.

4. Customer will not pass the cost of Consultant’s Services through to any of its customers without first obtaining the express written consent of the customer to the cost, and will only pass through the cost without additional charge, fee, or markup.

5. Customer will correctly disclose the cost of Consultant’s Services passed through to its customers on Form HUD-1 or other applicable documentation in connection with the settlement of any loan or for the purchase, sale, or refinance of any property.

6. Customer will comply with all applicable requirements of the Real Estate Settlement Procedures Act, Regulation X promulgated thereunder, and all other applicable laws, rules, and regulations.

7. Customer will defend, indemnify, and hold harmless Consultant, its affiliates and members from and against any and all causes of action, claims, costs, damages, expenses, liabilities, losses, and penalties, including attorneys’ fees incurred by Consultant, in connection with any third party claim alleging or arising from Customer’s breach of this Agreement or violation of any applicable law, rule, or regulation.