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mike smithSaved my backside. Lost the engine. Went online. Set up an appointment. Dropped off my car. Got a rental car. Came back not a dime out of my pocket. Great experience.
Kim BrightEasy to work with great service. Thank you guys.
Tevan ConoverI bought a car recently and ended up getting the warranty. Usually don’t because I’ve had bad experiences in the past. And man am I glad I got one this time! These guys took such good care of me! I got ahold of someone in no time, I don’t even think there was a wait. Then they treated me truly like family. I was distressed at the time, worried about money because it was a big fix and I just didn’t have the extra cash. I’m a new mom and just needed this to be taken care of. They took care of the entire break down no questions. I really appreciate that they listened and understood what I was saying. I would 100% use them again. I will be going back to the dealership I purchased from and buying a warranty with them every time because of the great service I received. Thank you thank you!!
Riley C. IrahetaBuying a car has always been a chore for me and my husband. During the purchasing process we met with a finance manager and when he suggested we buy the Protection Plan, I thought it was just another way for the dealership to make money. We weighed out the options and finally agreed to buy a contract, and we are so glad we did! The dealership and HWG have been a pleasure to deal with.
Diana AllenGreg Coleman was so helpful and was able to make me feel at ease during the process. You need more individuals like him on your team.
Charles MistricGreat customer service and friendly people.Greg was very knowledgeable and passionate about helping me through my claim. I would highly recommend Headstart for extended warranty service.
Michele MalaveGreg C. was Amazing!!! So helpful and polite. He knew exactly what I needed and was super attentive.
Jeff NeufeldI don’t usually leave reviews guys have been great to work with.
Mike NeufeldUnfortunately, I bought a terrible car. The good news was they sold me an extended warranty. This things had four problems now and I haven’t had to pay anything. Not even for my towing in Rental Car. Thank you, Head Start.
AGENT AGREEMENT
THIS AGREEMENT made and entered into by and between Headstart Warranty Group, LLC with its principal offices at 14114 N. Dallas Pkwy, Ste 600, Dallas, TX 75254. (Hereinafter called Company), and respected Agent, hereinafter called Agent). WITNESSETH THAT: Headstart Warranty Group, LLC. Hereby appoints Agent on a non-exclusive basis to service, solicit, negotiate, and install Dealer Appointment Agreements for products to New and Used Automotive Dealers, and/or affiliated and associated companies subject to the terms and conditions of this Agreement.
1.Territory
Agent is to have the following territory on a non-exclusive basis:
2. General Duties
a. Agent’s responsibilities are to: introduce, promote, and present Headstart Warrant Group LLC branded products to New and Used Automotive Dealers and its affiliated and associated companies. Company shall furnish to Agent all program materials necessary to conduct the business for which Agent’s Dealers are contracted, and Agent shall be responsible to Company to account for all such materials at any time by written request from Company. Agent shall furnish to Dealer all materials, including advertising material as supplied by Company, which are necessary to conduct the business which is the subject of this Agreement.
b. Agent will negotiate, install, and service Dealer Appointment Agreement with Automotive Dealers and affiliated and associated companies. No Dealer Appointment Agreements submitted by Agent shall be binding until approved by Company and signed by a duly authorized officer of Company. Any Dealer Appointment Agreements submitted by Agent and approved by Company becomes the proprietary right of Company, subject however, to the compensation and termination provisions of this Agreement.
c. Agent will train the Dealer and Dealer’s employees on installation process, reporting, and claim procedures.
d. Agent will service, visit, and/or train each contracted Dealer, at least once a month, to determine Dealer’s compliance with all Company’s program procedures. Agent will service, visit, and/or train any contracted or non-contracted Dealer within their territory upon request by Company within (30) days of notice of such request by Company to Agent.
e. Company will provide training regarding product, process and policy updates and make available to Agents within 30 days.
3. Commission
Agent shall be paid commission by the fifteenth (15th) day of each month for the preceding month’s business received and paid for by their“Assigned Dealers”, as long as it is received by Headstart Warranty Group, LLC before the last day of the month.
4. Cancellations
See attached Agent No Chargeback Agreement.
5. Authority
Agent has the authority to enter into negotiation with Dealers as outlined above. Agent is not authorized and is expressly forbidden to (a) incur indebtedness or liability on behalf of Company; (b) issue or circulate any advertisement or literature or publish same unless first approved in writing by Company; (c) enter into any legal proceeding in connection with Company’s business without written approval of Company; (d)make, alter, or discharge any Agreements; (e) waive or modify any terms, conditions, or limitations of any Service Agreement, limited warranty, or other Company programs; (f) extend the time of payment of any costs; (g) waive payment in cash; (h) guarantee dividends; (i) or bindCompany in reinstatement of any terminated Service Agreements, limited warranty, or other Company program; and/or (j) exercise any authority on behalf of Company other than expressly provided in this Agreement.
6. Sub-Agent
Agent may appoint Sub-Agent(s) to assist Agent in the performance of his/her duties and obligations required pursuant to this Agreement. Any Agreement entered into between Agent and a Sub-Agent shall: (a) require Sub-Agent to fully comply with all Company policies and procedures.
(b) not contain terms which conflict with the terms of this Agreement or grant Sub-Agent authority to perform duties which Agent is not authorized to perform. Company shall not have responsibility to pay any compensation to Sub-Agent. Agent agrees to hold harmless and indemnify Company against any and all claims, liability, damage, costs, and expenses (including attorneys’ fees) caused by any negligent, fraudulent, or intentional acts of a Sub-Agent including, but not limited to, Sub-Agent’s failure to follow Company policies and procedures.
7. Expenses
Agent shall be responsible for and shall pay for all expenses of every kind in connection with the conduct and operation of all business andCompany shall not be liable in any manner for such expenses incurred. Agent specifically agrees not to open any bank accounts in the name of Company.
8. Collections
All money received by Agent for or on behalf of Company shall be securely held as a fiduciary trust and shall not be used for any personal or other purpose whatsoever, and the gross amount of all such monies so received shall be immediately (not later than two (2) calendar days after receipt) paid over to Company.
9. Assignment
Neither this Agreement, nor any benefits or compensation accrued or to accrue hereunder, shall be assigned or transferred by Agent, either in whole or in part, without the prior written consent of Company.
10. Relationship
The relationship between Company and Agent is that of seller and sales representative. Agent is an independent contractor and is not a joint venture with, or partner, agent, or employee of Company. Nothing in this Agreement shall be deemed to permit Agent to incur or assume any
HW G-101 (2/24) 2
Company in any way other than as expressly provided in this Agreement.
11. Indemnification
Agent shall hold harmless and indemnify Company against any and all claims, liability, damage, costs, and expenses (including attorneys’ fees) caused by any negligent, fraudulent, or intentional acts of Agent or a Sub-Agent related in any manner to this Agreement, or the business which is the subject of this Agreement including, but not limited to, failure to follow Company’s underwriting and procedural guidelines. Company shall hold harmless and indemnify Agent against any and all claims, liability, damage, costs, and expenses (including attorneys’ fees) caused by any negligent, fraudulent, or intentional acts of Company or a Company Employee related in any manner to this Agreement, or the business which is the subject of this Agreement including, but not limited to, failure to follow Agent’s underwriting and procedural guidelines.
12. Waiver
Failure of Company to require strict compliance with the terms and conditions of this Agreement, or to exercise the right of termination for a violation of this Agreement, shall not constitute a waiver of such rights. No modification of this Agreement shall be valid, and no waiver of any of the provisions hereto shall be valid, unless made in writing, and signed by an officer of Company. Recovery of consequential, special, and punitive damages is waived by Company and Agent.
13. Arbitration & Governing Law
Any controversy or claim arising out of or relating to the terms or effects of this Agreement or the breach thereof shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. Arbitration shall be conducted in the county and state in which Company’s principal offices are located.
14. Termination
This Agreement may be terminated by either party on thirty (30) days written notice to the other by mail addressed to the last known address of the other. Agent remains responsible for any commission refunds due. Company will provide commission to Agent for transactions from contracted Dealers until the last day of the (30) days written notice provided to Agent. Commissions will be paid to Agent within 30 days of receipt of payment by Company from Dealer.
15. Effective Date
This Agreement when duly executed by the parties hereto shall become effective as of the Agreement date and shall be construed in accordance of the laws of the state in which Company resides. It shall supersede all previous contracts, Agreements, and understanding between the parties hereto.
Addendum to Agent Agreement –
AGENT NO CHARGE BACK AGREEMENT
Whereas, the Company is willing to arrange for the payments of the Agent’s portion of certain refunds in accordance with the terms of this Agreement; and, now therefore, the parties agree as follows:
In the event of a Contract cancellation, the Company agrees to arrange for the payment of the Agent’s pro-rata portion of refunds due to the contract holder or lien holder on behalf of the Agent for all properly issued and remitted Contracts which are: (i) duly cancelled; (ii) have been in force more than ninety (90) days; and (iii) have been reported to the Company within sixty (60) days of the Contract cancellation date. Provided, however, that the Company shall be responsible for the Agent’s portion of refunds only up to the “Coverage Limit”, defined as a maximum of Eight Hundred dollars ($800). Further the “Coverage Limit” is restricted to a cancellation frequency of fifteen percent (15%) of the total Vehicle Service Contracts sold under this Agreement in any calendar year, less the number of Vehicle Service Contracts cancelled within the first ninety (90) days in that same calendar year. The fee for the Agent’s participation in the No Charge Back program shall be expressed as a percentage of the Commission earned by the Agent on a per Contract basis (the “Rate”). The percentage for the calculation of the Rate shall be fifteen percent (15%).
In consideration for this No Charge Back program, the Agent agrees that the Rate shall be paid as an additional fee to the Company. The Rate will be added to the costs paid to the Company by Seller, in addition to other costs set forth in the cost guide. The Rate shall be added to one hundred percent (100%) of all properly issued and remitted Contracts sold by Sellers subsequent to the Effective Date of this Agreement, except for those specific contracts or programs not eligible under the no cancelation charge back plan.
The Company shall have the right to cancel this Agreement immediately if the Agent commits fraud, in the event the Rate is not added to the Seller costs and not paid for any qualifying Contract, or if Sellers serviced by the Agent fail to deliver to the Company the Contract remittances in a timely manner. In the event of fraud, the Company may, at its discretion, withhold any future refunds or other payments to Agent.
The Agent herein agrees to comply with the Company’s procedures in all respects, including with respect to this Agent No Charge Back Program. The Agent is responsible for its portion of refunds on: (i) all Contracts cancelled within the first ninety (90) days after the Contract purchase date; (ii) any cancellations not reported to the Company within sixty (60) days of the cancellation date; and (iii) any Agent portion of refunds in excess of the “Coverage Limit”.
This Agreement is intended to replace any prior agreement relating to the specific subject matter contained herein and may be terminated by either party by giving the other party thirty (30) days prior written notice; provided, however, that no termination will affect any of the parties’ obligations for Contracts issued prior to the effective date of termination of this Agreement. This Agreement is governed by the laws of the State of Texas, and the parties agree to personal and subject matter jurisdiction only in the courts located in Dallas County, Texas.
IN WITNESS WHEREOF, the parties hereto have executed this entire Agreement as of the Effective Date first listed above.
Updated Batch & Remit Information
PHYSICAL LOCKBOX ADDRESS
(For overnight payments)Headstart Warranty Group, LLC – Lockbox #671145
Comerica Bank MC 6550
5201 East R.L. Thornton Dr., Dallas, TX 75223
LOCKBOX ADDRESS
(for regular processing)Headstart Warranty Group, LLC
PO Box 671142, Dallas, TX 75267-1142
mike smithSaved my backside. Lost the engine. Went online. Set up an appointment. Dropped off my car. Got a rental car. Came back not a dime out of my pocket. Great experience.Kim BrightEasy to work with great service. Thank you guys.Tevan ConoverI bought a car recently and ended up getting the warranty. Usually don’t because I’ve had bad experiences in the past. And man am I glad I got one this time! These guys took such good care of me! I got ahold of someone in no time, I don’t even think there was a wait. Then they treated me truly like family. I was distressed at the time, worried about money because it was a big fix and I just didn’t have the extra cash. I’m a new mom and just needed this to be taken care of. They took care of the entire break down no questions. I really appreciate that they listened and understood what I was saying. I would 100% use them again. I will be going back to the dealership I purchased from and buying a warranty with them every time because of the great service I received. Thank you thank you!!Riley C. IrahetaBuying a car has always been a chore for me and my husband. During the purchasing process we met with a finance manager and when he suggested we buy the Protection Plan, I thought it was just another way for the dealership to make money. We weighed out the options and finally agreed to buy a contract, and we are so glad we did! The dealership and HWG have been a pleasure to deal with.Diana AllenGreg Coleman was so helpful and was able to make me feel at ease during the process. You need more individuals like him on your team.Charles MistricGreat customer service and friendly people.Greg was very knowledgeable and passionate about helping me through my claim. I would highly recommend Headstart for extended warranty service.Michele MalaveGreg C. was Amazing!!! So helpful and polite. He knew exactly what I needed and was super attentive.Jeff NeufeldI don’t usually leave reviews guys have been great to work with.Mike NeufeldUnfortunately, I bought a terrible car. The good news was they sold me an extended warranty. This things had four problems now and I haven’t had to pay anything. Not even for my towing in Rental Car. Thank you, Head Start.
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