Membership Terms and Conditions

Effective November 29, 2020

Membership Plan Terms of Services

By purchasing a membership plan ("Date of Acceptance") You / Your Business (“Plan Member”) are agreeing to all the terms herein. THIS AGREEMENT is made and entered into on the Date of Acceptance  by and between Law Offices of Victoria Velazquez Walker, PLLC the (“Firm”) and You / Your Business (“Plan Member”) and any other members, owners or Agents of your Business who have signing Authority (“Plan Member Representative”).

 

WHEREAS, the above parties have entered into this Agreement for the attaining of the benefits listed below.

 

WHEREAS, the above parties agree that this is not a contract to perform any specific services, only a contact to be offered the benefits at the rates and by the terms listed herein.

NOW, THEREFORE, in consideration of the terms, covenants, and conditions hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

A. Definitions

  1. Plan Member – The entity or individual represented under this agreement.

  2. Plan Member Representative– Individuals authorized to act on the Plan Member’s behalf under this agreement.

  3. Plan Benefits – Refers to all benefits listed under Section B, or otherwise stated in any separate engagement letters between the parties.

  4. Legal Plan – The monthly subscription plan through which Plan Benefits are conferred.

B.Subscription Benefits

 

A subscription to a Legal Plan may provide the basic following standard benefits (collectively, the “Plan Benefits”) depending on the Plan Member’s election. The specific benefits provided to the Plan Member at their election will be further detailed in a separate agreement between the Plan Member and The Firm, incorporated herein by reference. In any instance where the terms presented herein conflict with those of a separate engagement letter, the terms in the separate agreement letter shall control.

  1. Phone Calls. Free calls with the Law Offices of Victoria Velazquez Walker, PLLC (the “Firm”), by appointment, of up to one half (1/2) hour each per month.

  2. E-mail Support. Free email responses from the Firm. Responses requiring more than 1 (one) hour to respond to shall requirement additional payment prior to the Firm responding.

  3. Contract Services. Review of legal documents by The Firm of up to a total of five (5) pages, for Bossed Up Package subscribers and ten (10) pages for Legal Boss Babe Package subscribers per month. 

  4. Brand Audit. Once per year, the Plan Member shall be entitled to a Brand Audit at a discounted rate of  fifty percent (50%) the current listed price (the “Brand Audit”). The Brand Audit is intended to provide the Plan Member with an (a) assessment of his or her legal operating risk and recommendations based on issues or gaps identified. Services required to address the issues or gaps identified required additional payment.

  5. Contract Template Vault. Subscribers enjoy full access to our complete Contract Template Vault subject to the limited license in Section H. 

  6. Discounted Rate.

    1. Services Included in Plan Benefits. Subscribers to the plan enjoy a reduced fee for services that are included in the plan, but cannot be accomplished within the timeframe stated in the Plan Benefits described in this Section B. The Plan Member shall enjoy a discount as stated is Section B(6)(2) off an hourly rate of $250.00. The Firm shall provide a quote to the Plan Member of the additional fees required prior to starting any work. 

    2. Services Not Included in Plan Benefits. Subscribers to the plan enjoy a reduced fee for services that are not included in the Plan Benefits described in this Section B. 10% reduced fee for Boss Babe Package subscribers and Bossed Up Package subscribers. 15% reduced fee for Legal Boss Babe Package subscribers.

  7. Courses. Bossed Up Package subscribes shall have access to courses subject to the limited license in Section H. 

This Section B represents the full and complete of Plan Benefits.

T

Nothing in the Legal Plans or this Agreement shall be construed to limit the right of a Plan Member to retain, at his or her own expense, an unaffiliated attorney. The Firm shall not be obligated to pay for any such services.

C.Use

  1. General Practices.

    1. The Plan Member acknowledge that the Firm may establish general practices and limits concerning use of its Legal Plans, including without limitation the maximum number of email responses and phone calls you may receive in a given period of time related to one or all subjects.

  2. Right to Change Practices.

    1. The Plan Member acknowledge that the Firm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  3. Responsibility for Misuse.

    1. The Plan Member is responsible for all expenses incurred or other actions that may occur through the use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of security or unauthorized or illegal activity that the Plan Member reasonably suspects.

  4. Right to disengage

    1. The Plan Member may terminate this representation at any time by notifying the Firm in writing of the Plan Member’s desire to terminate representation or by terminating the membership plan in Plan Members online portal. The Firm may terminate representation of the Plan Member upon notice to the Plan Member if the Plan Member fails to fulfill its obligations under this agreement, or as provided under certain ethical and professional rules applicable to lawyers. Those rules describe several circumstances and types of client conduct that require or allow me to withdraw from representation, including, for example, the nonpayment of fees or costs, misrepresentation or failure to disclose material facts, failure to cooperate during the representation, the client taking action contrary to The Firm’s advice, and a conflict of interest with another client. The termination of services, initiated by either party, will not affect the Plan Member’s responsibility for payment of outstanding statements, for fees accrued and costs incurred before termination, or for fees and costs accrued or incurred thereafter in connection with an orderly transition of the matter.

D. Authority to Enter Agreement

 

  1. If the individual executing this agreement is entering into this Agreement on behalf of a company or other legal entity, said individual represents that he or she has the legal authority to bind such entity to these terms, in which case the term Plan Member shall refer to such entity. If said individual does not have such authority or if he or she does not agree with this Agreement, he or she may not sign up for or use any Legal Plan. If after executing this Agreement we find that said individual does not have authority to bind the entity for which said individual will be personally responsible for the obligations in this Agreement and the order placed, including without limitation, the payment obligations. The Firm is not liable for any loss or damage resulting from the Firm’s reliance on any instruction, notice, document or communication, reasonably believed to be genuine and originating from a Plan Member Representative. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from said individual.

 

E. Payment

  1. Legal Plan Membership Fees. The Plan Member will be charged in accordance with the billing terms in effect at the time of the initial purchase, unless notified of a fee change in accordance with “Fee Adjustments” below. For each Legal Plan, the charge remains the same regardless of the Plan Member’s use or failure to use the Plan Benefits. In other words, EVEN IF THE PLAN MEMBER DOES NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, IT WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNLESS AND UNTIL THE SUBSCRIPTION IS TERMINATED. For more information regarding canceling the Legal Plan subscription, see the “Default, Termination, or Cancellation” section below.

  2. Billing.

    1. To allow payment for the initial term of a Legal Plan, valid credit card information is due at the time of purchase.

    2. The Legal Plan subscription will renew automatically monthly on the same date each month (the “Billing Date”) unless and until the Firm receives notice of termination of the Legal Plan subscription pursuant to the terms of this Agreement. If the Firm does not receive a notice of termination, the credit card on file with the Firm will be charged for the renewal term of the Legal Plan subscription on your billing date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. The Firm may adjust your billing date in subsequent renewal periods without notice. This will be reflected by a charge to the Plan Member’s account on a pro-rated basis according to the number of days that have passed since the billing date of your latest renewal charge. Unless otherwise notified in advance by the Firm pursuant to this Agreement, the renewal charge will be equal to the original purchase price for the Legal Plan.

    3. The Plan Member agrees to pay the Firm the fees associated with the Legal Plan subscription. Additional discounts may be available for members depending on the plan purchased. A schedule of fees for the standard Legal Plan subscriptions is set forth by Engagement Letter between Firm and Plan Member and is incorporated herein to the Terms of Service.

  3. Attorney Fees.

    1. Fees for non-complimentary attorney services provided pursuant to a Legal Plan subscription shall be paid in addition to the Legal Plan subscription fees.

F. Fee Adjustments

  1. The Firm may increase its fees for any Legal Plan subscription effective the first day of a renewal term by providing the Plan Member written notice of the new fees at least 30 days before the beginning of the renewal term. If the Plan Member does not cancel the subscription pursuant to Section G, the Plan Member shall be deemed to have accepted the new fee for that renewal term. Reductions in fees become effective on the next renewal term without any pro rata for the period covered under the prior fee schedule.

G. Default, Termination, or Cancellation

  1. By the Firm.

    1. If payment is not made on the due date, as described in Section E above, the Plan Member will have 15 days to correct the credit card information on file and post a payment to your account. If after the expiration of this grace period, the Plan Member has not made any payment on the Legal Plan subscription, such non-payment may result in the Plan Member’s account being placed into default, suspension of service, and/or subsequent termination of the Legal Plan subscription.

    2. The Plan Member’s right to use a Legal Plan subscription is subject to any limits established by the Firm or by the Plan Member’s credit card issuer. If payment cannot be charged to the credit card or the charge is returned for any reason, including through a chargeback, the Firm reserves the right, in its sole and absolute discretion, to place the Plan Member’s account into default, suspend or terminate services and the account, thereby terminating this Agreement and all the Firm’s obligations hereunder. If a charge made to the Plan Member’s credit card is declined, the Firm may make up to five (5) attempts to bill that card over a 30 day period.

    3. If the Plan Member wishes to reactivate its account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.

  2. By Plan Member.

    1. After the Plan Member has received this Agreement, you have 10 days to review it. If during this period, the Plan Member is not satisfied with the Agreement, the Plan Member may return the Agreement to the Firm and have any prepaid amounts refunded. If the Agreement is returned and the Plan Member has not sought legal services pursuant hereto within this time period, the Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been entered.

    2. You will have the right to cancel your Legal Plan subscription by: 

      1. terminating your subscription plan within your membership portal; or 

      2. notifying the Firm by mail, or email using the contact information below. After such cancellation, your Legal Plan will remain active until the end of then-applicable period.

        1. Mail: Law Offices of Victoria Velazquez Walker, PLLC, 1001 W. Tremont Ave Suite B Charlotte, NC 28203
          E-mail: info@vwalkerattorney.com

  3. Services after Termination.

    1. After termination of the Legal Plan subscription, , the Plan Member will not be able to access the Legal Plan’s services; provided, however, that any access rights to a Legal Plan granted to the Plan Member through a separate channel (e.g., through another Legal Plan subscription) will remain in full force and effect unless and until separately terminated or cancelled.

  4. Default and Remedies

    1. If, as provided above, the Plan Member’s account is placed into default, the Firm, has the right to accelerate all payments and make demand on the full amount. The Firm retains the right to use all remedies available both civil and criminal to collect all unpaid amounts.

H. Template, Course, Product Licenses

  1. By purchasing a template, course, resource, or any other product from the Firm. You are granted one revocable, worldwide, non-exclusive license to the product(s) You have purchased. If you violate this license by:

    1. Giving or selling a copy of any template(s), product(s), course(s), audio file(s), video file(s), or digital file(s) to anyone other than a client

    2. Giving permission to, or alluding to anyone who receives access to the Firm's template(s), product(s), course(s), audio file(s), video file(s), or digital file(s), that they have the right to use it for his/her/its own commercial purposes, the Firm, reserves the right to invoice you for the unlawful license(s) you have given to others and will immediately revoke your access to any of our template(s), product(s), course(s), audio file(s), video file(s), or digital file(s). 

I. General Information

  1. Dispute Resolution. The parties agree to first Mediate all disputes and claims. 

  2. Waivers.A waiver by any party of any of the terms and conditions of this Agreement in any one instance shall not be deemed or construed to be a waiver of the term or condition for the future, or of any subsequent breach thereof, nor shall it be deemed a waiver of performance of any other obligation. No waiver shall be binding upon any party unless set forth in writing signed by or on behalf of the party to be bound by the waiver.

  3. Assignability. This Agreement is not assignable by the Plan Member.

  4. Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are for convenience only and shall not in any way affect the construction or interpretation of any provision of this Agreement.

  5. Entire Agreement. This Agreement, together with the Exhibits, contains the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior and collateral agreements, understandings, statements and negotiations of the parties. Each party acknowledges that no representations, inducements, promises, or agreements, oral or written, with reference to the subject matter hereof have been made other than as expressly set forth herein. The Exhibits referred to herein shall be construed with and as an integral part of this Agreement to the same extent as if they were set forth verbatim herein.

  6. Amendment/Modification. This Agreement may be amended or modified only by a writing signed by all parties.

  7. Severability. Each provision hereof shall be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, the provision shall be ineffective to the extent, but only to the extent, of its invalidity, illegality or unenforceability without invalidating the remainder of the invalid, illegal or unenforceable provision or provisions or any other provisions hereof, unless such a construction would be unreasonable.

  8. Counterparts; Signatures. This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement. Original signatures transmitted by facsimile or PDF shall be sufficient and binding upon the parties hereto.

  9. Governing Law/Interpretation. This Agreement shall be governed by, construed in accordance with and enforced under the laws of the State of North Carolina. Words used herein, regardless of the number and gender specifically used shall be deemed and construed to include any number, singular or plural, any other gender, masculine, feminine, or neutral, as the context requires

  10. Venue and Jurisdiction. If any action or other proceeding shall be brought on or in connection with this agreement, the venue of the action shall be in Mecklenburg County, North Carolina. Each of the parties agrees to the jurisdiction of that forum.

Copyright © 2020. Law Offices of Victoria Velazquez Walker, PLLC. All Rights Reserved.

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