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(1) This Service Agreement between iink Endorsements, LLC (“Company”), the Designated Payee(s) (“Payee”) of iink™ services rendered, and the Primary Insured (“Insured”) will be subject to the Terms of Service set forth herein.
(2) iink™ is a Florida limited liability company that provides services including, but not limited to, third-party insurance claim correspondence, document review, insurance check endorsement processing, and industry professional networking. The Company will utilize all available resources necessary and put forth all reasonable efforts to provide efficient and expedient processing of the required procedures while adhering to all industry standards and best practices. The Company carries professional liability insurance and abides by all state and federal regulations pursuant to their engagement with all parties or aspects of the Insured’s claim.
(3) The Payee verifies their agreement(s) with the Insured(s) and both have complete authority to enter into this Service Agreement. All information provided by the Payee and Insured is hereby deemed complete and accurate. Any information provided by any party that is deemed incomplete and/or inaccurate by the Company, or any party to the claim, will be the responsibility of the Payee, Insured, and/or Authorized Third Party to obtain unless other arrangements have been made in writing and in agreement with the Company.
(4) Insured and Payee understand that the Company’s systems and processes are primarily based on web-based and mobile technology platforms. The Company’s communications rely heavily on web messaging, email, texting, and sometimes phone or fax. Insured and Payee understand that providing valid mobile numbers and email addresses for all parties will ensure the best communications experience with the Company. The Company will not be held liable for missed communications or notifications by any party or for any reason.
(5) The Payee and Insured confirms that they are not subject to any contractual commitments or legal obligations that would prevent the recovery of the fully endorsed insurance proceeds. The Insured further confirms that the subject property does not have any active, or pending, liens for any reason.
(6) Any persons, or entities, that engage or participate in any illegal or fraudulent activities while utilizing the iink™ system, network, or affiliate services will be reported to the appropriate authorities and prosecuted to the fullest extent of the law. The Company will not be held liable for providing any and all information as requested by local or government authorities pursuant to any criminal investigation.
(7) The Payee and Insured understand that the Company will not be responsible for the outcome of the mortgage loss draft disbursement of the insurance check for any reason including, but not limited to, partial disbursements, withholdings of insurance proceeds, mailing the proceeds to a party other than requested, mortgage company and/or investor guidelines, and applying the funds to the principal balance of the borrower’s mortgage loan.
(8) The Payee and Insured understands that the information provided will be used for purposes including, but not limited to; corresponding, verifying, processing, negotiating, endorsing, informing and collecting payment of insurance proceeds with, and between, all parties listed as payees on the insurance claim check, their affiliates, and/or any other authorized affiliates of the Company. The Company reserves the right to refuse service based on review of the information provided.
(9) The Company makes no warranties, express or implied, pertaining to the services offered including, but not limited to;
(a) Length of the decision process as demonstrated by the insurance carrier or their affiliates.
(b) Length of the endorsement process as demonstrated by the mortgage company, investor, or their affiliates whether in part or as a whole.
(c) Accuracy of any third-party information provided to, or by, the Company.
(d) The decision provided by the insurance carrier pursuant to the outcome of the claim.
(e) Claim checks needing to be re-issued due to expiration, inaccuracies or incorrect information for any reason.
(f) Mortgage company or investor guidelines pursuant to monitoring the claim and endorsement.
(g) Retention of part, or all, of the insurance proceeds whether at once or over time.
(h) Services provided by any company or independent contractor that is a customer of the Company.
(i) Services offered by an affiliate third-party or additional payee on the insurance claim check.
(10) The Company will not be held liable for any additional damages that may occur to the subject property during, or after, the claims and endorsement processes for any reason. Furthermore, the Company will not be held liable for any hardships sustained by the Payee or Insured during, or after, the claims and endorsement processes including, but not limited to, pain and suffering, personal loss, employment and/or business-related loss, or financial detriment.
(11) Any representations, statements, or other communications not written in this Service Agreement are agreed to be immaterial, not relied on by either party, and do not survive the execution of this agreement.
(12) For services rendered, the Payee agrees to all pre-determined processing fees based on a percentage of the claim proceeds and additional services, when applicable, as currently advertised by the Company. Invoices are produced upon the completion of services which are defined as:
(a) Issuance of an approved Adjuster’s Worksheet for claims without mortgage endorsement.
(b) Receipt of the fully endorsed insurance claim check or disbursed funds by a mortgage company as verified by carrier tracking delivery notification.
(c) Depreciation, supplements, or any final billing filed on behalf of the Insured and/or Contractor, will be invoiced after confirmed release of any final billing amounts by the insurance carrier and/or their representative.
(d) Completion of additional services will be invoiced immediately after service has been provided which may be prior to applicable percentage-based fees.
The Payee and Insured agree that any fees paid to the Company will be considered separate from the insurance proceeds as required by law. The Insured shall be relinquished of this financial responsibility if another Payee is designated such as their Contractor or Public Adjuster.
(13) Due to the time-sensitive nature of resolving these matters, and immediate implementation of expertise and/or resources being provided by the Company pursuant to the services offered, the Payee and Insured agree that there is no right of rescission period included in this Service Agreement which becomes legally binding on the date signed. Processing fees will be assessed regardless of how completion of services are achieved, by any party, including the Payee and Insured.
(14) This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Florida. Each party consents to the jurisdiction and venue of the state courts in Duval County, Florida, or the federal courts in Duval County, Florida, if applicable, in any action, suit, or proceeding arising out of or relating to this Service Agreement.
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