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Immigration Services Subscription Agreement
VANTAGE GROUP LEGAL SERVICES CORP.
GROUP LEGAL SERVICES PLAN AGREEMENT
This Agreement may be executed in multiple counterparts by the parties hereto. All counterparts so executed shall constitute one agreement binding upon all parties, notwithstanding that all parties are not signatories to the original or the same counterpart. Each counterpart shall be deemed an original to this Agreement, all of which shall constitute one agreement to be valid as of the date of this Agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other documents necessary for the consummation of the transactions contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed.
In consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
A. Remuneration. In complete and total consideration for the services rendered by Client under this Agreement, Client agrees to pay VANTAGE GROUP LEGAL SERVICES CORP (Herein referred to as “VANTAGE”, “VANTAGE GROUP”, and/or “Company”) with all remittances made payable to “VANTAGE GROUP LEGAL SERVICES CORP”:
(i) Initiation Fee: a Sign-up Fee in the amount indicated on the online order details upon signing; and
(ii) Monthly Service Fee: a Monthly Fee in the amount indicated on the Online Order Form on the day this Agreement is executed (upon signing) and thereafter throughout the term of this Agreement. Upon 15 days written notice to Client, Vantage Group may adjust the next Monthly Service Fee stated in this Agreement. Client may cancel this Agreement within 15 days of such notice from Vantage to adjust the Monthly Service Fee; otherwise the adjusted Monthly Service Fee shall replace the then current Monthly Service Fee.
B. Costs: Client agrees to pay all third-party expenses, including, but not limited to: court reporter fees, case related costs, experts and other fees as needed by Client’s attorney(s). Client will pay for these expenses in full and in advance upon request of Vantage Group. VANTAGE HAS NO OBLIGATION TO ADVANCE OR PREPAY ANY COSTS, FEES, AND/OR EXPENSES ON BEHALF OF CLIENT. Client has the sole and exclusive responsibility for any and all costs, fees and/or expenses related to the Client’s Case. If Vantage pays any Costs, such payment shall not be deemed a waiver of Client’s responsibility to pay those Costs or any future Costs pursuant to Agreement. All Costs are due immediately upon notice to Client.
C. Term of Agreement: Client agrees to exclusively retain Vantage and no other group service legal plan for a Term of Agreement. The intended term of Agreement is until Client (the applicant and/or petitioner) obtain any one or combination of the Immigration Services selected on this websites Subscription page, or upon complete denial of said application by USCIS or any other relevant agency. Upon reaching nine (9) months from the subscription date this Agreement shall be subject to review for a fee reduction, and/or cancellation unless Vantage is owed money or Client is obligated by another provision of this Agreement. If Vantage Group determines that Clients Immigration Services requires more time than nine (9) months to complete, Client and Vantage Group may make additional arrangement to complete the Immigration Service. A Complete Denial shall be determined at the sole discretion of the Assigned Attorney. Term shall commence on the date first set forth by the electronic order confirmation notice. Client may at any time terminate this Agreement with the tendering of thirty (30) day advance written notice to Vantage Group. Vantage Group may at any time for any reason terminate this Agreement with the tendering of thirty (30) day advance written notice. Client’s retention of Vantage shall not commence nor be effective until Vantage has confirmation of payment pursuant to Section B(i) above.
D. Conditions and Stipulations: This contract is subject to the Conditions and Stipulations set forth on the following pages, which Conditions and Stipulations are made a part of this contract.
E. Disclosure: Vantage Group does have Members, Managers, Employees, Contractors and Agents that are licensed attorneys.
IN WITNESS WHEREOF, the parties have signed and entered into this Agreement on the date that first appears on the Online Order Form Confirmation Page. The prevailing language to negotiate and agree to the terms set in Agreement, have been American English. THE CLIENT(S) HAVE FULL AUTHORITY TO EXECUTE THIS AGREEMENT. No agreements have been made that interfere, conflict, modify and/or supersede Agreement from its original format. All Clients have read, consulted with, and acknowledged all the terms set forth in Agreement and by electronically signing this Agreement, warrants and guarantees to abide by Agreement.
CONDITIONS AND STIPULATIONS
1.1 RETENTION: Vantage Group agrees to provide access to a licensed attorney as approved by Vantage Group regarding Client’s Case (referred to as the “Assigned Attorney”). The services provided by the Assigned Attorney shall be limited to the Immigration services selected on the Website Order Page. Client understands and agrees that Vantage Group shall pay Assigned Attorney for Client’s representation, regarding Case. Client understands and agrees if Client does not pay the Remuneration as agreed, or is in default of any responsibilities in this Agreement, Vantage Group may immediately stop any and all services and/or payments to Assigned Attorney and/or other third party(s), and Assigned Attorney may withdraw as counsel for Client. Any services, costs, fees and/or expenses incurred for Client’s Case are the responsibility of Client pursuant to Agreement.
1.2 MANAGEMENT: Vantage Group does not, and cannot, take responsibility for the engagement of Assigned Attorney. The attorney-client relationship with any attorney is solely between Client and the attorney engaged. Vantage Group is not being represented by Assigned Attorney in the Case. Vantage Group does not interfere with the attorney’s independence of professional judgment.
1.3 RESULTS: CLIENT UNDERSTANDS AND AGREES THAT VANTAGE GROUP AND ASSIGNED ATTORNEY HAVE NOT PROMISED OR GUARANTEED, IN ANY WAY, ANY RESULTS TO CLIENT. Any results may also occur based upon the unique situation of each Client’s Case. Results for other Vantage Group Clients are not indicative of results for Client. Client understands and agrees that any statement, information, results, processes, promises and/or arrangements made by any party other than Vantage Group, shall not be deemed as a statement, practice and/or promise by Vantage Group and Vantage Group expressly nullifies any such information, promise and/or arrangement.
2. CONSULTING SERVICES.
2.1 SERVICES: Vantage Group shall provide Litigation Consulting Services to Assigned Attorney and Client’s Case pursuant to Illinois Supreme Court Rule 201(b)(3) and this Agreement. Client hereby authorizes Vantage Group to have access to all documents and data for Client and Case, and Vantage Group shall maintain document and data as confidential, and only for the use of Vantage Group and Client.
2.2 ATTORNEY: Client agrees to allow Vantage Group to obtain information relevant to Case from Assigned Attorney and/or any third party. Client shall execute any necessary documents to allow access and negotiation regarding this information. Client shall be truthful in all discussions with Vantage Group and its Assigned Attorney and provide all information or documentation enabling Assigned Attorney to provide competent legal representation. If Client withholds information or fails to respond to information requests, Vantage Group may terminate Agreement, and Assigned Attorney may withdraw its representation to Client. Upon Client’s default of any part of Agreement, Vantage Group has the right to immediately terminate Agreement and stop all payments of any kind and all of its services without notice to Client.
3.1 DEFAULT: If Client is in default of Agreement, Vantage Group has no responsibilities, under Agreement. Client holds Vantage harmless for any claims if Client is in default of Agreement.
3.2 PAYMENT AUTHORIZATION: Client agrees to allow Vantage Group and Client hereby authorizes Vantage Group to automatically withdraw the Monthly Service Fee from a bank account, accounts, and/or charge upon a credit or debit card, provided by Client at any time, unless paid by Client in full and cleared funds, prior to the due date. Vantage Group shall debit the Monthly Service Fee on any day of the month depending on Clients payment cycle. If Vantage Group withdraws money after the before or after its normal date of debit, Vantage Group does not waive its right to collect any other day or payment cycle. Client agrees that Vantage Group is not responsible for any late-fees, overdraft fees, or other charges upon Client’s account for the withdrawal of funds or the charging of a credit or debit card for the Monthly Service Fee. Client shall immediately reimburse Vantage Group, for any charges incurred by Vantage Group for collections, including but not limited to: non-sufficient funds, charge-backs, declines, account closed, collection efforts, legal fees and related costs, fees and/or expenses, as it is related to any monies owed to Vantage Group. Client hereby acknowledges and authorizes Vantage Group to use any means available to collect any unpaid balances owed by Client.
3.3 COLLECTION: ALL AMOUNTS OWED TO VANTAGE NOT PAID TIMELY SHALL ACCRUE INTEREST AT THE RATE OF 9% PER ANNUM (00.75% PER MONTH) AFTER DUE DATE UNTIL PAID IN FULL. Client agrees to pay any and all reasonable attorney’s fees, court costs and any other fees incurred by Vantage Group in any collection proceedings for the non-payment of the Monthly Service Fee and/or Costs.
4. RESTRICTIVE COVENANTS.
4.1 EMPLOYEES: Client shall not, during the term of this Agreement and for two (2) years after termination of this Agreement for any reason, directly or indirectly: (i) encourage any employee of Vantage Group or its successors in interest to leave their employment with Vantage Group or its successors in interest; or (ii) employ, hire, solicit or cause to be employed or hired or solicited (other than by Vantage Group or its successors in interest), or establish a business with, or encourage others to hire, any person who was employed by Vantage Group or its successors in interest at any time during the term of this Agreement or the Assigned Attorney.
4.2 NO INTERFERENCE COVENANT: Client agrees that at all times he or she will not distract, damage, impair and/or reduce Vantage Group’s business in any manner. Client shall not act in opposition of Vantage’s business. Client agrees to be loyal to Vantage. Client hereby agrees not to circumvent any payments to Vantage Group.
4.3 NON-DISPARAGEMENT: Client agrees now, and after this Agreement terminates with Vantage Group, not to disparage or defame Vantage Group and/or Vantage’s: managers, members, officers, clients, customers, vendors, and/or affiliates, in any respect or to make any derogatory comments, whether written or oral, regarding Vantage or its current or former officers, directors, employees, attorneys, agents, or contracting parties, and its business, affairs, and/or operations.
4.4 ILLEGAL ACTIVITIES: Client will not request Vantage Group or Assigned Attorney to engage in any illegal, unethical, or fraudulent conduct. If Vantage Group or Assigned Attorney determines Client has acted or failed to act in a manner which results in illegal, unethical, or fraudulent conduct, Vantage Group may terminate this Agreement without notice.
4.5 DISCLOSURE: Client agrees that it will not disclose this Agreement to any party without the other party’s consent.
5. SURVIVAL OF UNDERTAKINGS AND INJUNCTIVE RELIEF.
5.1 SURVIVAL: The provisions of Section 5 shall survive the termination of the term of this Agreement irrespective of the reasons therefore.
5.2 ACKNOWLEDGMENT: Client acknowledges and agrees that the restrictions imposed upon Client by Section 5 and the purpose for such restrictions are reasonable and are designed to protect the trade secrets, confidential and proprietary business information and the continued success of Vantage Group without unduly restricting Client’s future practice of his/her profession. Furthermore, Client acknowledges that in view of the trade secrets which he/she has or will acquire or has or will have access to and the necessity of the restrictions contained in Section 5, any violation of any provision of Section 5 hereof would cause irreparable injury to Vantage and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, Client consents and agrees that if he/she violates any of the provisions of Section 5, Vantage and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining Client from committing or continuing any violation of such sections of this Agreement. In the event of any such breach of the provisions of Section 5, Client further agrees that the time periods set forth in such sections shall be extended by the period of such breach.
6.1 RELEASE AND INDEMNIFICATION: Client shall at point of first notice, indemnify, defend and hold harmless Vantage, its subsidiaries, divisions, affiliates, directors, Clients, shareholders, employees, agents, representatives, successors and assigns, from any loss, cost, claim or action (including attorneys’ fees and costs) brought against Vantage by any Client and/or third party, where said loss, cost, claim, allegation or demand arises from any negligent act or omission or intentional misconduct of Client related to the services provided to Vantage under this Agreement.
6.2 DAMAGES: Vantage shall not be liable to Client for any special, incidental, punitive, indirect and/or consequential damages arising out of or in connection with any cause of action arising in regard to the Project and/or this Agreement.
7. COMMUNICATION. Only Client, and/or Assigned Attorney, may contact Vantage. Vantage will not communicate to any other third party on behalf of Client, as Vantage shall communicate only with Client and Assigned Attorney to protect the privacy of Client, unless otherwise agreed to or Vantage is acting on behalf of Client under the instructions of Client and Assigned Attorney within the law. Client shall notify Vantage and the Assigned Attorney in writing of any change of Client’s contact information.
8. MEDIATION. Except as to any action initiated by Vantage for the collection of any fees and/or costs due hereunder: Client and Vantage (hereinafter “Parties”, each individually hereinafter, “party”) agree that, before resorting to any formal dispute resolution process (including any legal proceeding) concerning any dispute, claim, or controversy arising out of or in any way relating to this Agreement, they will use their best endeavors to settle such dispute, claim or controversy by negotiating with each other in good faith. To this end the Parties with full authority to settle the dispute shall negotiate and consult with each other in an effort to find a just and equitable resolution that serves their respective and mutual interests, including their continuing professional relationship.
(a) The complaining party must give the other party written notice of any dispute, claim, or controversy (the “Notice”). Unless otherwise agreed in writing, the responding party shall have 15 business days after receipt of the Notice to submit a written response to the complaining party. Written documents, exchanged between the parties, should include, but not be limited to, the following: 1) Statement of position; 2) Summary of arguments, facts and any documents (photos, written correspondence, etc.) that support each party’s position, (summary not to exceed 20 pages); 3) Names and titles of the party principals who will represent each party in negotiations; and 4) Names and titles of all others participating in the negotiation.
(b) Unless otherwise agreed in writing, the party representatives shall meet at a mutually acceptable location within 30 business days after receipt of the Notice. The parties shall have 48 hours to complete the negotiation. Party representatives agree to document any and all resolutions or partial resolutions to the dispute in writing and sign and date the document.
(c) If the parties are unable to completely resolve the dispute through negotiation, or if the responding party fails to respond to the complaining party’s Notice within 15 business days, the parties agree to mediate their disputes at ADR Systems.
(d) The mediation will be administered by ADR Systems and the ADR Systems Commercial Fee Schedule in effect at the time of filing the request for mediation. Either party may file a written request for mediation with ADR Systems no sooner than 48 hours after the close of negotiations and no more than 30 days after the close of negotiations. The parties’ covenant that they shall participate in the mediation in good faith and that they will share equally in the costs. The parties will cooperate with ADR Systems and each other in the selection of the mediator and the scheduling of the mediation within 14 days from the date of submitting the dispute to mediation. The date of the mediation session must be within 60 days from the date of initiation of the mediation.
(e) If at the conclusion of the mediation, or, if no mediation is conducted, 45 days after the date of the request for mediation, the parties have not completely resolved the dispute, the parties agree to proceed to binding arbitration administered by ADR Systems. The arbitration hearing will be conducted in accordance with the ADR Systems Rules of Commercial Arbitration and the ADR Systems Commercial Fee Schedule in effect at the time of filing the demand for arbitration. Either party may commence the arbitration by filing a written demand for arbitration with ADR Systems along with the requisite filing fee. The parties’ covenant that they shall participate in the arbitration in good faith and that they will share equally in the costs. The arbitration will take place in [desired location], before [one or three] arbitrators selected from ADR Systems Commercial Panel. The award rendered by the arbitrator(s) is final and binding, and may be entered into any court or tribunal having jurisdiction thereof. Any court of competent jurisdiction may enforce the provisions of this paragraph. The party seeking enforcement is entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. ADR Systems may be contacted at (800) 423-7010; Attention: Commercial Case Manager to assist with any questions regarding the arbitration process.
9. ENFORCEMENT. The failure of VANTAGE at any time to require performance under any provision(s) of this Agreement shall not affect the right to enforce the same. No waiver by VANTAGE of any condition or breach of any term, covenant, representation or warranty of Agreement whether by conduct or otherwise in any one or more instances, shall be deemed to be or construed as a further continuing waiver of any such condition or breach.
10. GOVERNING LAW. This Agreement shall be construed pursuant to the laws of the State of Illinois. The state and federal courts located in the city of Chicago, Illinois, is the chosen forum for any disputes which the parties cannot resolve among themselves. All parties consent and agree that Illinois courts shall have personal jurisdiction over them in respect to all disputes based hereon, or arising out of, under or in connection with this Agreement and all parties agree to comply with all requirements necessary to grant jurisdiction in the courts of the State of Illinois located in Cook County. Any of Vantage’s legal fees, including, but not limited to attorneys’ fees, court and/or related costs and expenses resulting from the Vantage’s enforcement of this Agreement shall be paid and/or reimbursed by Client.
11. RULE OF CONSTRUCTION. The parties agree that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits thereto.
12. NOTICES. Except as otherwise expressly provided for herein, all notices from Vantage shall be in writing and shall be either hand delivered, emailed and/or by mail courier (FedEx, DHL, UPS and/or US Postal Service). All notices from Client shall be in writing and shall be mailed by courier: FedEx, DHL, UPS and/or US Postal Service. Any notice from Client to Vantage must have delivery notification proof.
13. ASSIGNMENT. Vantage may assign its rights, interest and/or obligations under this Agreement without Client’s prior consent to any entity which may be a successor to Vantage in any form or conduct.
Neither this Agreement nor any right or interest hereunder shall be assignable by Client.
14. SUCCESSION. This Agreement contains the final and entire understanding of the parties hereto with respect to the subject matter hereof and no amendment, modification or alteration of the terms hereof shall be binding unless the same shall be executed in writing, dated subsequent to the date hereof and duly executed by each party hereto. Vantage shall be able to amend this Agreement with fifteen (15) day written notice to Client.
15. SEVERABILITY. If any provision or term of this Agreement is found to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
16. HEADINGS. Titles to Sections are for informational purposes only.
17. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.