Welcome to Monster Dynamics, a real estate transaction management and loan processing company (the “Company”, “we”, “us”, or “our”). These Terms of Service (these “Terms”) govern your (the “Agent”, “you”) access to and use of our website located at monsterdyn.com (the “Site”) and the services we offer through the Site (the “Services”).
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, you may not access or use the Site or Services.
Service Fee
As a licensed professional using our Services, you agree to pay the associated service fee detailed on our website at monsterdyn.com within 45 days of receiving an invoice from us.
Cancellation Policy
The Agent may cancel a Sale or Buyer file with Monster Dynamics when Buyer cancels transaction with the Agent. However, if at any time and at Monster Dynamics’ sole discretion, cancellations become excessive, we may require a non-refundable deposit of up to 50% of the service fee for new services. After the third cancellation in a calendar year, a $100 cancellation fee may be assessed.
If the Agent wishes to cancel a Listing or Seller file with Monster Dynamics while it remains Active or Under Contract, the Agent shall be required to pay a cancellation fee of $200.00 to Monster Dynamics immediately upon cancellation.
This cancellation fee is intended to compensate Monster Dynamics for any expenses and/or work incurred in connection with the Listing or Seller file prior to cancellation.
Collections Policy
If any fees due to Monster Dynamics under this Agreement are not paid within 30 days of the invoice date, Monster Dynamics reserves the right to employ collection services to collect the outstanding debt.
The Agent agrees to pay any and all fees incurred by Monster Dynamics in the process of collecting the debt, including but not limited to, collection agency fees, attorney’s fees, and court costs.
Confidentiality and Third Parties
The Agent authorizes Monster Dynamics to share transaction data, including but not limited to client names and addresses, contact information, and agent commissions, with third parties, including but not limited to home inspectors, title and escrow officers, mortgage lenders and processors, and insurance agents, as necessary to complete the transaction. Monster Dynamics may have an ownership interest in or accept additional compensation from these third parties. We will maintain all other information provided by you as strictly confidential and will not share it with any third-parties unless they are directly associated with the transaction.
Hold Harmless
You agree to hold the Company and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services.
Client for Life
Any Client who reaches out to us directly for any future service will be referred back to the Agent as long as they remain licensed in the state of Utah.
Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Governing Law
These Terms and your use of the Site and Services will be governed by and construed in accordance with the laws of the state of Utah, without giving effect to any principles of conflicts of law.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Site or Services shall be resolved through binding arbitration in accordance with the rules set forth by our arbitration organization. The arbitration shall be conducted in West Jordan, Utah.
Entire Agreement
These Terms constitute the entire agreement between you and the Company and govern your use of the Site and Services, superseding any prior agreements between you and the Company.
Waiver and Severability
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Contact Information
If you have any questions about these Terms, please contact us at tristan@monsterdyn.com.
