Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

1. Acceptance of Terms

By accessing or using Hamilton Agency's website, services, or entering into any agreement with us, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. About Hamilton Agency

Hamilton Agency is a full-service real estate brokerage and property management company licensed in the state of Georgia. We provide:

• • Property management services for residential and commercial properties
• • Real estate brokerage services for buying and selling
• • Rental property leasing and tenant placement
• • Community association management
• • Property maintenance coordination

3. Property Management Services

Service Agreement

Property management services are governed by separate written agreements between Hamilton Agency and property owners. These Terms supplement but do not replace those specific agreements.

Management Fees

Management fees are earned only upon successful rent collection. Specific fee structures are outlined in individual property management agreements. Additional fees may apply for services such as tenant placement, maintenance coordination, or legal proceedings.

Owner Responsibilities

Property owners are responsible for:

• • Maintaining properties in compliance with local housing codes
• • Providing funds for approved maintenance and repairs
• • Carrying appropriate insurance coverage
• • Timely payment of management fees and expenses

4. Tenant Services

Application Process

Rental applications are subject to screening processes including credit, criminal background, employment, and rental history verification. Application fees are non-refundable regardless of approval status.

Lease Agreements

Tenants must execute separate lease agreements with property owners. Hamilton Agency acts as the property owner's agent in lease enforcement and management matters.

Maintenance Requests

Tenants may submit maintenance requests through our online portal or emergency hotline. Emergency maintenance is available 24/7. Non-emergency requests are processed during business hours.

5. Website Use

Permitted Use

You may use our website to:

• • Browse available rental properties
• • Submit rental applications and maintenance requests
• • Access information about our services
• • Contact our team for assistance

Prohibited Activities

You may not:

• • Use our website for illegal or unauthorized purposes
• • Attempt to gain unauthorized access to our systems
• • Submit false or misleading information
• • Interfere with other users' use of the website
• • Copy, reproduce, or distribute our content without permission

6. Payment Terms

Payment terms vary by service type:

• • Rent Payments: Due as specified in lease agreements
• • Application Fees: Due at time of application submission
• • Management Fees: Deducted from collected rent
• • Late Fees: Applied according to lease terms

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy for detailed information about how we collect, use, and protect your personal information.

8. Disclaimers and Limitations

Service Availability

We strive to provide uninterrupted service but cannot guarantee that our website or services will always be available. We reserve the right to modify or discontinue services with reasonable notice.

Property Information

Property listings and information are provided for informational purposes. We make reasonable efforts to ensure accuracy but cannot guarantee that all information is current or complete. Properties may be withdrawn from the market without notice.

Third-Party Services

Our website may integrate with third-party services (such as AppFolio, payment processors, or mapping services). We are not responsible for the availability, accuracy, or functionality of these external services.

9. Limitation of Liability

To the fullest extent permitted by Georgia law, Hamilton Agency's liability for any damages arising from our services shall not exceed the total fees paid to us in the twelve months preceding the claim. We shall not be liable for indirect, incidental, punitive, or consequential damages.

10. Indemnification

You agree to indemnify and hold harmless Hamilton Agency from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or violation of any rights of another party.

11. Termination

We may terminate or suspend your access to our services at any time for violations of these Terms or other reasonable business purposes. Property management agreements have separate termination provisions as specified in individual contracts.

12. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Georgia. Any disputes will be resolved in the courts of Clarke County, Georgia.

Mediation

Before pursuing legal action, parties agree to attempt resolution through mediation with a neutral third party in Athens, Georgia.

13. Professional Licensing

Hamilton Agency is licensed by the Georgia Real Estate Commission. All real estate activities are conducted in compliance with Georgia real estate laws and regulations. We maintain required bonding and insurance for property management operations.

14. Fair Housing

Hamilton Agency is committed to fair housing practices and complies with all federal, state, and local fair housing laws. We do not discriminate based on race, color, religion, sex, national origin, disability, familial status, or other protected characteristics.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on our website with an updated effective date. Continued use of our services after changes constitutes acceptance of the updated Terms.

16. Contact Information

Questions about these Terms should be directed to:

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them enforceable.

Thank you for choosing Hamilton Agency for your property management and real estate needs in Athens, GA.