These Concierge Service Terms and Conditions (these “Terms”) apply to the service transaction between OneRequest, LLC (together with its affiliates, successors, and subsidiaries, “us”, “we” or “OneRequest”) and the Customer (“You” or “Customer”) agreeing to these Terms by requesting the OneRequest Concierge Service through www.onerequest.com and our OneRequest App mobile app located on Google Play and the Apple App Store (the “Website”) and paying the Upfront Fee (as defined below).
Order Acceptance. You agree that your request of the OneRequest Concierge Service through the Website is an offer to buy the Services (defined below) under these Terms. All orders must be accepted by us or we will not be obligated to sell the Services to you. OneRequest may choose not to accept orders at OneRequest’s sole discretion.
Concierge Services. OneRequest will provide motor vehicle buying consultation services (the “Services”) to Customer for a potential motor vehicle purchase transaction (whether such transaction is consummated or not, the “Transaction”)based upon the Customer’s motor vehicle criteria specified on the Website and as supplemented after an initial consultation with the OneRequest Concierge service team (the “Request”). The Services consist solely of the following, all of which are conducted on behalf of Customer: (a) conducting a motor vehicle search utilizing tools OneRequest deems appropriate, (b) presenting the search results to Customer that OneRequest believes are most appropriate based upon the Request, (c) working with the Customer to identify the motor vehicle that Customer desires to purchase, (d) negotiating the terms and conditions of the Transaction, including, as applicable, purchase price, inspections, trade-in options, financing, leasing and transportation, (e) facilitating the execution and completion of the Transaction, and (f) keeping Customer reasonably informed regarding the status of the Transaction. The foregoing is an exclusive list of the Services to be performed by OneRequest. Among other things, OneRequest is not required to (v) present all available motor vehicles that meet, or could meet, the Request, (w) engage in an exhaustive nationwide search, (x) inspect any motor vehicle for the Customer, (y) independently verify the accuracy or completeness of any statements made by a potential seller of a motor vehicle to Customer or potential buyer of Customer’s trade-in, or (z) conduct an independent investigation of any trade-in buyer’s financial condition. OneRequest is not permitted to, and will not, provide Customer legal, tax, financial or other professional services in connection with the Transaction. OneRequest may designate such employees or contractors that it determines, in its sole discretion, to be capable of performing the Services. OneRequest does not owe a fiduciary or other duty to Customer. Customer agrees to respond promptly to any requests from OneRequest to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for OneRequest to perform the Services.
Fees, Expenses, and Payment Methods.
(a) In consideration for the Services, Customer agrees to pay OneRequest the following fees in the amounts specified here on the Website: (1) the fee to start the process (the “Upfront Fee”), (2) the fee that is required to be paid upon delivery of Customer’s vehicle (the “Completion Fee”), and (3) the trade-in fee (the “Trade-In Fee”). Customer is required to pay the Upfront Fee concurrent with Customer’s agreement to these Terms. OneRequest is not obligated to provide the Services until Customer pays the Upfront Fee and OneRequest provides the acceptance specified in Section 1. The Upfront Fee, the Completion Fee, and the Trade-In Fee are final and are not refundable under any circumstance. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder or with respect to the Transaction.
(b) The Completion Fee and the Trade-In Fee (if applicable) will be earned by OneRequest upon Substantial Completion of the Transaction. “Substantial Completion” means (1) Customer has agreed, at least in principle, on the material terms of the Transaction, (2) Customer has financing in place (including, without limitation, being in possession of a nonbinding commitment letter) or Customer has delivered a security deposit for the vehicle, and (3) the only remaining steps for the Transaction to reach completion are Customer taking possession of the vehicle Customer is acquiring or leasing, completing paperwork for such vehicle and/or Customer paying for such vehicle. Customer shall pay the Completion Fee and the Trade-In Fee (if applicable) on or before the date on which Customer takes possession of the vehicle. OneRequest will automatically charge Customer’s default payment method for the Completion Fee and the Trade-In Fee (if applicable) upon confirmation of delivery to Customer of the vehicle by Provider or dealer.
(c) Customer represents and warrants that (1) all payment method information Customer supplies is true, correct and complete, (2) Customer is duly authorized to use all such payment methods to buy the Services, and (3) charges incurred by you will be honored by all of Customer’s chosen payment methods. If you do not pay on time or if OneRequest cannot charge a payment method for any reason, OneRequest reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
Termination of Requests. These Terms only apply to the Request. If Customer desires to modify the Request, OneRequest may require Customer to complete a new concierge service request through the Website and pay an additional upfront fee. If the Transaction has not reached at least Substantial Completion within 60 days after Customer pays the Upfront Fee due to the acts or omissions of Customer, OneRequest may terminate the Request and require Customer to submit a new concierge service request through the Website and pay an additional $99 upfront fee before OneRequest will continue to provide the Services.
Effective Date. These Terms apply to all concierge service transactions that have been entered into on or after [______].