Terms of Service
 

 

Authorized Consulting provides services under two distinct categories:

 

1) Consulting Services (Yardi, Operations, Data & Support)

2) Broker of Record Services (Licensing & Regulatory Sponsorship)

 

 

These categories are governed by different responsibilities and expectations, as outlined below.

 

I. Consulting Services (Yardi, Operations, Data & Support)

 

 

Definitions

 

Data Entry refers to transactional input into Yardi systems, including tenant data, leases, maintenance records, and financial entries.

 

Phone Support refers to business-hours assistance to troubleshoot issues, answer questions, and guide users through Yardi functionality.

 

Consulting Services refer to specialized, higher-level professional guidance related to Yardi implementation, reporting, accounting workflows, process improvement, compliance support, and operational strategy.

 

Data Entry and Phone Support are billed in 15-minute increments. Consulting is billed in 1-hour increments due to the depth of work involved.

 

Scope of Consulting

 

Consulting may include, but is not limited to:

 

– Yardi Breeze, Breeze Premier, Voyager, Elevate support

– Process design and operational workflow improvement

– Accounting coordination, bank reconciliations, and audits

– Staff training and system configuration

– Custom reporting, including Ad Hoc and YSR reports

– Property management operational guidance

 

Custom Yardi reporting projects require written approval and a formal quote prior to work beginning.

 

Travel for On-Site Consulting

 

If on-site services are requested, the Client is responsible for reasonable, pre-approved travel expenses, including transportation, lodging, and a per diem. Receipts will be provided and reimbursed within 30 days.

 

Payment Terms

 

– Invoices are issued weekly or monthly.

– Payment is due upon receipt with a 5-day grace period.

– Late payments incur a 10% late fee.

– If invoices are overdue, additional services are billed at a premium hourly rate until the account is current.

– Clients are responsible for all payment processing fees.

 

Monthly Minimums

 

Consulting engagements include a monthly minimum service commitment defined in the service agreement. Up to 5 unused hours may roll forward. Monthly minimums are non-refundable and not adjustable after the service month begins.

 

Term & Flexibility

 

Consulting services are provided on a month-to-month basis, allowing either party to terminate at the end of any month with written notice.

 

Response Times

 

Support is scheduled through the online calendar. General response time is within 48 business hours, with best efforts for same-day replies when possible.

 

Confidentiality

 

All client data, operational procedures, and system configurations are treated as confidential and protected during and after the engagement.

 

Hold Harmless (Yardi & Data)

 

The Client is solely responsible for the accuracy, legality, and compliance of all data entered into Yardi systems. The Client agrees to indemnify Authorized Consulting against any claims arising from misuse of Yardi, inaccurate data, or regulatory non-compliance.

 

II. Broker of Record Services (Licensing & Regulatory Sponsorship)

 

 

Authorized Consulting and/or its designated Individual Real Estate Broker may provide Broker of Record services solely to satisfy state licensing requirements that allow a Client to legally conduct third-party fee property management or brokerage activities.

 

Nature of Relationship

 

These services are provided strictly in an independent contractor capacity. Nothing creates:

 

– An employer-employee relationship

– A partnership or joint venture

– Supervisory control over the Client’s staff or operations

 

Client Responsibilities

 

The Client retains full responsibility for:

 

– Accounting, trust accounting, and banking

– Staffing, payroll, and HR

– Vendor management and payments

– Leasing, residents, and daily operations

– Compliance with all laws and regulations

– Maintaining required insurance, licenses, and memberships

– All tax obligations

 

Insurance

 

The Client is not covered under the Broker’s Errors & Omissions policy and must carry all required insurance per state law.

 

Expenses & Payment

 

The Client is responsible for all expenses associated with services. Payment terms are defined in the service agreement and are typically structured on a retainer or capacity basis.

 

Term & Termination

 

Either party may terminate Broker of Record services per the service agreement. Upon termination, the Client retains all listings, clients, and prospects. Outstanding fees remain due.

 

Confidentiality

 

Both parties agree to protect non-public business information and trade secrets. These obligations survive termination.

 

Indemnification

 

The Client agrees to indemnify and hold harmless the Broker/Consultant and Authorized Consulting from claims arising from the Client’s operations, negligence, or regulatory violations.

 

Governing Law, Dispute Resolution & Severability

 

 

These Terms are governed by the laws of the states in which the Broker is licensed and applicable federal law.

 

Disputes shall proceed in the following order:

 

1. Good faith negotiation

2. Mediation

3. Binding arbitration

 

If any provision is found unenforceable, the remaining provisions remain in full effect.