By registering on this website and/or placing an order on the website, you agree to the following terms and conditions:
AGREEMENT FOR SERVICES OF ATTORNEYS This agreement describes the terms and conditions by which MyMotionCalendar.com, LLC and/or VortexLegal, LLC (“MMC”), a specialty staffing company, will provide contract attorney’s to you, _______________________ (“Client”). MMC provides its services and contractors to Client under the following conditions:
1. Ethical Obligations: Client recognizes and agrees that they are held to ALL professional standards of conduct prescribed by the state Bar in which it practices and hires contract attorneys and expressly acknowledges they have read and understand their obligations regarding all such Rules including, but not limited to:
a. Rules regarding Confidentiality
b. Rules regarding Conflict of Interest, Current Clients
c. Rules regarding Conflicts of Interest, Previous Clients
d. Rules regarding Competency
(See your state Bar for full text of specific Rules)
2. Conflicts: Client also understands that in an effort to comply with these Rules, Client shall not knowingly attempt to hire or hire a MMC Contract Attorney if doing so would place such attorney in a position of conflict.
3. Disclosure Requirement to Client’s Clients: Client agrees to disclose the nature of the services provided by MMC to Client’s clients if Client’s client would likely consider this information material. Client agrees it is their sole responsibility to make such disclosures to their clients.
4. Rates. Please contact us for a full list of rates for your area/practice.
5. Acceptance of Reservations. All orders and reservations must be made using the online reservation system. MMC will not be liable for any orders or reservations sent by email or telephone. Submitting an order or reservation through the online reservation system does NOT alone constitute MMC’s acceptance of that order or reservation and it does NOT confirm that our contract attorney will appear for and cover that matter(s). MMC only accepts the order or reservation once a contract attorney has confirmed coverage and the client has received by email the notification confirming coverage. Please see the FAQ section of the website for more information as to the reservation process
6. Relationship of the Parties. The Contract Attorney assigned is a MMC contractor and shall not be considered to be Client’s employee or contractor.
7. Additional Fees. MMC does not charge additional fees for mileage, parking, or tolls unless otherwise agreed upon. Copies, printing, envelopes, stamps and other costs and service fees will be billed to the client. An additional “Rush Fee” of $50 will be charged for reservations made after 1:00 pm EST for hearings the next day and $100 for reservations made for the same day. These fees are earned and due regardless of whether the matter is confirmed or not. Fees for night court (after 5 pm) will incur an additional $100 charge and fees for weekend court will incur an additional $175 charge.
Cancellation Policy. If cancellation is made within 24 hours of the matter, Client will be charged a cancellation fee equal to 50% of the total fee.
8a. Invoicing: Clients must pay by credit card unless otherwise agreed upon. All invoices are due once the reservation has been completed. MMC shall add, and Customer shall pay, an interest charge of one and one half percent (1.5%) per 30 days on the unpaid balance of any amounts which are not paid in full when due; provided however, that in no event shall such interest charges exceed the maximum interest rate allowed by law.
8b. Disputes: Any dispute of an invoice or credit card charge for services rendered must be made within five days of either receipt of the invoice or charge on a credit card, whichever is earlier. Client waives any right to a refund or credit if a dispute is not timely made in writing or email.
9. Relationship with Coverage Counsel
a. Confidential Referral. MMC also functions as a staffing and consulting firm, therefore all MMC contractors introduced to Client by MMC constitute a confidential referral and Client agrees that Client is prohibited from disclosing the identity, contact information, and/or resume(s) of MMC contractors to any other company, organization, or individual who is not bound by the terms of this agreement except, however, Client may disclose the identity, contact information and/or resume(s) of MMC contractors to Client’s clients.
b. Referral Period. MMC also functions as a staffing firm, therefore Client agrees that accepting the resume of, or working with anyone introduced to Client by MMC on a full-time, temporary, contract or project basis or though another staffing or temporary agency for a period of twelve (12) months after such introduction or the last date of work performed, whichever is later, that the terms and conditions of this Agreement shall be honored including all provisions regarding fees and conversion fees.
c. Non-Solicitation. Client agrees that for a period of twelve (12) months after a MMC contractor performs work for Client, Client shall not solicit nor accept a current or former MMC contractor’s solicitation of Client to perform work for Client. Violation of this provision shall constitute Client’s acceptance of the terms of this Agreement and trigger an immediate conversion fee.
d. Conversion Fees. After you evaluate the performance and potential of our contractors, you may wish to employ or contract directly with this person/firm. Our contract attorneys represent our inventory of skilled professionals with which MMC has worked to maintain the highest levels of substantive knowledge, customer service and judicial relationships. The conversion fee is a flat fee that represents, in part; MMC’s lost opportunity to continue to utilize this contractor’s services for Client and other MMC clients. In the event you wish to convert one of MMC’s contractors to your employ either full-time, part-time, or per diem/contract you agree to pay MyMotionCalendar.com a one-time conversion fee of $12,500.00. The conversion fee is due by Client and payable to “MyMotionCalendar.com” no later than 10 days after our contractor is converted to Client’s employ. Upon converting a MMC contractor, there is no refund of a conversion fee.
10. Client Data. MMC acknowledges that any data provided by Client to be stored, processed or transferred by MMC is and shall remain the sole property of Client (“Client’s Data”) and MMC will take all such reasonable measures as may be necessary to protect the confidentiality of Client’s Data which comes into MMC’s possession. MMC shall not disclose or use Client’s Data for any purposes other than to carry out the purposes for which Client disclosed the data to MMC, or as permitted by this Agreement. In addition, MMC will take reasonable measures to ensure the integrity, delivery and security of transmissions containing such Client Data.
11. Vetting, Bar Status, Background Check. All attorneys assigned to attend hearings on behalf of Client will be vetted, interviewed, verified that they are licensed and members in good standing of the Bar in the state(s) in which they practice. MMC will determine if the attorney has any pending disciplinary actions and/or sanctions. If requested, and at Client’s expense, unless otherwise agreed upon in writing, MMC will conduct a background check on all Contract Attorneys and keep the results on file for inspection. MMC also requires that Contract Attorneys review each matter for conflicts prior to accepting representation for a matter. MMC, upon learning of an incident, shall immediately notify Client in writing in the event a Contract Attorney has or is notified of any Bar disciplinary action(s) or changes in eligibility to practice law.
12. Confidentiality
a. Confidentiality of Client Documents. All MMC employees undergo a background check and participate in annual trainings regarding GLBA compliance, privacy, data security and the importance of maintaining the confidentiality of all documents and matters.
b. GLBA Compliance. To ensure compliance with Gramm-Leach-Bliley Act, all information relating to matters referred by Client shall be held in confidence and shall not be disclosed to any other party without the prior consent of Client, except as otherwise required by law.
13. Supervision
a. Instructions and Preparation. Client is responsible for providing Contract Attorney with all necessary instructions and documents so that Contract Attorney is prepared. Client shall provide Contract Attorney with all of the information and documents an attorney employed full-time by Client would need in order to properly handle the assigned matter(s). To best facilitate this, MMC will provide Client with Contract Attorney’s contact information and MMC will facilitate a conference call between Contract Attorney and Client as needed and requested. Client acknowledges their obligations to instruct and prepare Contract Attorneys under the applicable state Bar Rules. MMC will monitor Contract Attorneys to confirm that they have appeared at the place designated by Client in the reservation and that Client is provided results timely. Client is responsible for reviewing the results and for determining and taking the next step(s) that are appropriate or required for the case’s progression
b. Right to Access/Disclosure of Contract Attorney Information. Client and Client’s clients have the full right to access all Contract Attorney’s information maintained by MMC and may request disclosure of all such information with reasonable notice.
c. Training and Education. MMC shall provide regular training to Contract Attorneys on MMC’s policies, procedures, best practices and practical tips. It is the Client’s responsibility to conduct trainings with Coverage Counsel on substantive matters. MMC will facilitate these trainings and document the attendance of all contract attorneys and provide Client with a verification that such training(s) occurred.
14. Restrictions. MMC Contract Attorneys may never handle or convey cash or other valuables unless otherwise agreed upon and directly related to the services the Contract Attorney has been hired to perform such as delivering original Notes and Mortgages in foreclosure cases to the judge at the time of the hearing. MMC will not be held responsible for any loss or damage as a result of our contractor should this occur.
15. Venue: Any and all disputes can only be addressed through the courts in Broward County, Florida.
16. Personal Liability. The attorney of record and/or attorney who places a reservation agrees to be personally liable for any fees owed.
17. Attorneys Fees: Client agrees to reimburse MMC for any and all legal fees and costs incurred as a result of a collections action or any dispute arising from fees related to services provided and amounts owed MMC should MMC prevail in any lawsuit, settlement or mediation regarding such fees.
18. MMC Services
a. MMC Services. MMC shall provide contract attorneys that cover court hearings, mediations or other assigned matters on behalf of Client as well as the use of the online reservation and case management system in accordance with the terms and conditions of this Agreement,
b. Internet Access. MMC will allow transaction processing, accept data transmitted and transmit data via the Internet using MMC supplied or mutually agreed upon processes, formats, transactions, and/or software products. Related to these Internet offerings, Customer is responsible for accessing the internet with Internet Explorer version 6.0 or higher and providing its own Internet Service Provider (ISP). Customer acknowledges that MMC has no responsibility for the customer relationship with the cost of, or performance of Customer’s ISP. Likewise, MMC assumes no risk for the performance of any customer provided or ISP associated software or hardware. Additionally, although MMC will take reasonable measures to ensure the integrity, delivery and security of data transmissions, MMC assumes no liability of that data once transported onto the public facility (Internet).
c. Security. MMC shall implement appropriate security procedures and internal controls to protect the confidentiality of Customer’s data in accordance with reasonable prudent practices in the communication services industry. All data is housed in a secure data center that is SAS 70 Type II Certified and ISO 27001 Security Certified. Our servers and firewalls are configured to allow only the absolute minimum level of access. All unnecessary users, protocols, and ports are disabled and monitored. Our databases and backups can only be accessed through trusted and secure authentication. All data stored and relayed to MMC and all online forms are SSL encrypted. All users, whether internal MMC employees or Contract Attorneys, can only login to the system and retrieve information and documents by using a unique username and password.
- Account Authentication – All accounts are protected by an Account ID and password. We encourage you to use strong and unique passwords, protect them from others, and change them often. We do not store sensitive user data in cookies or utilize other high-risk user or session tracking methods.
- Data Encryption – All online sessions are secured with 128 bit or higher encryption. All web-based forms are SSL secured. We have the ability to completely block non-SSL access to the forms and website(s).
- Web Application Password Protection – We apply Web User Authentication to our internal and external forms/apps. This helps to prevent unauthorized user access. You can have an unlimited number of authenticated users for your account(s).
- Data Harvesting Protection – Where appropriate, we implement CAPTCHA human verification security that prevents robots from harvesting data.
- IP Blocking – We have the ability to grant or block access to our Data Pages based on IP address. Using this feature, we can limit access to an application to your internal network.
Service Level. MMC shall put forth its best efforts to provide availability of 98%; provided, however, reasonable periods of outage shall be not be construed as default of agreement or interruptions related to Force Majeure, as defined herein.
19. Practice of Law: MMC is a specialized staffing and recruiting firm that provides legal staffing solutions to Clients. MMC is not a law firm and it does not engage in nor provide legal services.
20. Liability Insurance: MMC shall maintain professional liability coverage for any misfeasance or malfeasance by MMC in the course of its duties of staffing and providing a Contract Attorney.
21. Limitation of Liability. Under no circumstances shall MMC be liable for any damages or losses, including, without limitation, direct, indirect, punitive, incidental, special or consequential damages or lost revenue that result from, or arise out of or in connection with the use of, any services provided by MMC and/or performed by contract attorneys. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, equity, or any other basis. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MMC’s liability in such jurisdictions shall be limited to the maximum extent permitted by the law of your jurisdiction.
In all events, MMC’s liability to you or any third party in any circumstance arising out of or in connection with a reservation and/or any services performed by MMC, is limited to the amount of fees you paid for the hearing attendance or other service(s).
MMC will hold and maintain and Client may request from MMC a copy of a Contract Attorney’s insurance declaration page.
22. No Guarantees; No Warranties. MMC does not guarantee the outcome of any matter and therefore shall not be liable for results that do not meet client expectations or desired outcome(s).
23. Indemnity: You agree to defend, indemnify and hold harmless MMC, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the contract attorney’s services, any breach by you of these Agreement for Services, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Agreement for Services, or your failure to comply with applicable laws or regulations in your use of contract attorney services.
24. Prevailing Agreement. This Agreement shall govern, supersede and replace any and all prior agreements, contracts, or understandings between the parties hereto, whether oral or in writing, relating to the matters addressed herein and the contractual relationship of the parties. Any and all of any such prior agreements, contracts or understandings, whether oral or in writing, are superseded and replaced by this Agreement. This agreement may be changed, modified or amended only in writing.
25. Termination. This Agreement may be terminated at any time by MMC or Client by sending a written notice of termination via overnight carrier. This Agreement shall, however, remain in full force and effect prior to the date of termination. Obligations to pay monies owed survive the termination of this Agreement as well as the applicable provisions herein.
26. Severability. If any provision of this Agreement is found invalid or unenforceable under any present or future law, the remainder of this Agreement will remain in full force and effect.
26. Execution. I understand that checking the box on the website and placing an order online constitutes a legal signature confirming that I acknowledge and agree to the above Agreement