THIS SUBSCRIPTION AGREEMENT CONTAINS AN ARBITRATION CLAUSE WHICH AFFECTS YOUR RIGHT TO LITIGATE ANY DISPUTE IN A COURT OF LAW AND AFFECTS YOUR RIGHTS IN THE LITIGATION OF ANY SUCH DISPUTE. PLEASE READ SECTION 21 OF THIS SUBSCRIPTION AGREEMENT FULLY AND CAREFULLY PRIOR TO SIGNING THIS AGREEMENT.
This is a contract between [My Business Advocate] ("MBA," “us,” or “our”), ____________ ("Client," “you,” or “your”), and the Law Offices of Kameli & Associates, P.C. (“Provider Law Firm] (collectively, “parties”) for the subscription of MBA service plan and or service package described below ("MBA Service Plan” or “MBA Service Package”). This subscription agreement is effective as of the date you accept its terms by subscribing to an MBA Service Plan or MBA Service Package (the "Effective Date"). If you subscribe for an MBA Service Plan and/or MBA Service Package, you accept these terms, conditions, and limitations. Please read this subscription agreement carefully and fully.
SERVICE PLANS AND/OR SERVICE PACKAGES ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
- Incorporation of Additional Terms. Your use of MyBusinessAdvocate.com and subscription to an MBA Service Plan or MBA Service Package are subject to your acceptance of our Terms of Use, Privacy Policy, and Terms of Service, each of which is incorporated herein by reference.
- Relationship and Scope of Legal Service. The Subscription Agreement is offered by MBA to Client for pre-paid legal service plans and/or non-legal service packages. The legal services under the pre-paid legal service plans will be provided by the Provider Law Firm. The legal services are limited to advice for business issues under Illinois law and certain areas of federal law.
- MBA Service Plans Subscription; Assignment. MBA reserves the right to accept or refuse subscription at its discretion. You may not transfer or assign your MBA Service Plan and/or MBA Service Package and the associated benefits.
- MBA Service Plans and Packages Subscription Fees.
- MBA Basic Service Plan Fee. Under the MBA Basic Service Plan, Client will be charged one hundred forty nine dollars ($149) per month. Should Client opt for the six month subscription, it will be billed at a discounted rate of seven hundred fifty six dollars ($756) per six months. Should Client opt for the annual subscription, Client will be billed at a discounted rate of one thousand two hundred forty eight dollars ($1,248) annually.
- MBA Standard Service Plan Fee. Under the MBA Standard Service Plan, Client will be charged four hundred ninety nine dollars ($499) per month. Should Client opt for the six month subscription, it will be billed at a discounted rate of two thousands five hundred forty four dollars ($2,544) per six months. Should Client opt for the annual subscription, Client will be billed at a discounted rate of four thousand one hundred eighty eight dollars ($4,188) annually.
- MBA Premium Service Plan Fee. Under the MBA Premium Service Plan, Client will be charged nine hundred ninety nine dollars ($999) per month. Should Client opt for the six month subscription, it will be billed at a discounted rate of five thousands ninety four dollars ($5,094) per six months. Should Client opt for the annual subscription, Client will be billed at a discounted rate of eight thousands three hundred eighty eight dollars ($8,388) annually.
- MBA Non-Legal Service Package Fee. Under the MBA Non-Legal Service Package, Client will be charged based on the type and extent of the service(s) selected by Client. Clients will contact MBA at info@mybusinessadvocate.com to customize its non-legal Service Package and fees.
- Fees Earned Upon Receipt. All subscription fees are earned by MBA upon receipt. Such fees will not be placed in the Interest on Lawyers Trust Account (IOLTA).
- Benefits of MBA Legal Service Plans. MBA Service Plans offer the following benefits:
- MBA Basic Service Plan Benefits.
- 30 Minutes Free Consultation.
- One (1) consultation per month with the Provider Law Firm, during normal business hours, of up to thirty (30) minutes for each new legal matter (“Consultation”).
- Should the Consultation continue beyond thirty (30) minutes, Client will be charged on an hourly basis pursuant to the MBA Basic Service Plan’s discounted rate at three hundred dollars ($300) per hour.
- New legal matter is a specific business legal issue, or a specific legal document that you have not spoken to Provider Law Firm before.
- Consultations by the Provider Law Firm will be limited to only business legal issues. Any personal legal issues will be charged on an hourly basis pursuant the MBA Basic Service Plan’s discounted rate at three hundred dollars ($300) per hour.
- Business legal issues are limited to trademarks; copyrights; immigration sponsorship and compliance; business creation; corporate compliance; small business issues; contract drafting, negotiation, and disputes; landlord and tenant issues; business to business disputes; employment matters; Illinois Department of Human Rights, and Equal Employment Opportunity Commission complaints; Family and Medical Leave Act, Americans with Disability Act, and federal compliance; and Mechanic’s liens.
- If the Provider Law Firm determines after the Consultation that a follow-up consultation is necessary, it may, in its sole discretion, offer the Client a follow-up consultation at no additional charge.
- Contract Review. Subscription to the MBA Basic Service Plan includes reviewing one (1) contract up to ten (10) consecutive pages per month by the Provider Law Firm. Any pages exceeding ten (10) will be billed on an hourly basis pursuant to the MBA Basic Service Plan’s discounted rate at three hundred dollars ($300) per hour.
- Drafting Debt Collection Letters. Under the MBA Basic Service Plan, the Provider Law Firm will draft up to two (2) separate initial debt collection letters. The time the Provider Law Firm spends on drafting the letters is free of charge. The time the Provider Law Firm spends to understand the specific facts and issues related to debt collection and any follow-ups will be charged on the discounted hourly rate of three hundred dollars ($300).
- Contract Negotiation and Disputes. The Provider Law Firm will provide Client with contract negotiation and disputes services based on the discounted hourly rate of three hundred dollars ($300).
- Discounts for Business Legal Needs. If Client engages the Provider Law Firm for services not specified in the MBA Basic Service Plan, the Provider Law Firm will provide legal services relating to Client’s business needs free of charge up to one (1) hour. Should the time the Provider Law Firm spend on the business legal issues exceed one (1) hour, Client will be charged on an hourly basis pursuant to the MBA Basic Service Plan’s discounted rate at three hundred dollars ($300) per hour.
- 24/7 Attorney Availability. An attorney from the Provider Law Firm will be available 24/7 for emergency phone consultation at a designated phone number (“24/7 Number”).
- Such consultation will be billed on an hourly basis pursuant to the MBA Basic Service Plan’s discounted rate at three hundred dollars ($300) per hour.
- You shall designate one (1) phone number and a point of contact with the Provider Law Firm for this service.
- You shall not share the Provider Law Firm’s 24/7 Number with any other individuals or entities.
- You understand and agree that the communication between the Provider Law Firm and you will be recorded.
- Video Meetings. Should there be a meeting which requires an attorney’s participation or Client deems an attorney’s presence in the meeting as necessary, the Provider Law Firm’s attorney will participate and Client will be charged on an hourly basis pursuant to the MBA Basic Service Plan’s discounted rate at three hundred dollars ($300) per hour.
- Annual Business Evaluation. The Provider Law Firm will perform an initial review, including all legal documentation, and evaluate your business once a year. Such service will be only available to clients who subscribe to annual subscriptions.
- Referral Discount. Should Client refer a business to subscribe to an MBA Service Plan and/or an MBA Service Package, Client will receive twenty percent (20%) discount for the next month’s subscription fee. The discount is based on per referral to MBA.
- MBA Standard Service Plan Benefits.
- 30 Minutes Free Consultations.
- Two (2) consultations per month with the Provider Law Firm, during normal business hours, of up to thirty (30) minutes for each new legal matter (“Consultations”).
- Should each of the Consultations continue beyond thirty (30) minutes, Client will be charged on an hourly basis pursuant to the MBA Standard Service Plan’s discounted rate of two hundred and fifty dollars ($250) per hour.
- New legal matter is a specific business legal issue, or a specific legal document that you have not spoken about to the Provider Law Firm before.
- Consultations by the Provider Law Firm will be limited to only business legal issues. Any personal legal issues will be charged on an hourly basis pursuant the MBA Standard Service Plan’s discounted rate of two hundred and fifty dollars ($250) per hour.
- Business legal issues are limited to trademarks; copyrights; immigration sponsorship and compliance; business creation; corporate compliance; small business issues; contract drafting, negotiation, and disputes; landlord and tenant issues; business to business disputes; employment matters; Illinois Department of Human Rights, and Equal Employment Opportunity Commission complaints; Family and Medical Leave Act, Americans with Disability Act, and federal compliance; and Mechanic’s liens.
- If the Provider Law Firm determines after the consultation that a follow-up consultation is necessary, it may, in its sole discretion, offer the Client a follow-up consultation at no additional charge.
- Contract Review. Subscription to the MBA Standard Service Plan includes reviewing two (2) contracts up to ten (10) consecutive pages each, per month by the Provider Law Firm. Any pages exceeding ten (10) will be billed on an hourly basis pursuant to the MBA Standard Service Plan’s discounted rate of two hundred and fifty dollars ($250) per hour.
- Drafting Debt Collection Letters. Under the MBA Standard Service Plan, the Provider Law Firm will draft up to five (5) separate initial debt collection letters. The time the Provider Law Firm spends on drafting the letters is free of charge. The time the Provider Law Firm spends working to understand the specific facts and issues related to debt collection, and any follow-ups will be charged on the discounted hourly rate of two hundred and fifty dollars ($250).
- Contract Negotiation and Disputes. The Provider Law Firm will provide Client with contract negotiation and disputes services based on the discounted hourly rate of two hundred and fifty dollars ($250).
- Discounts for Business Legal Needs. If Client engages the Provider Law Firm for services not specified in the MBA Standard Service Plan, the Provider Law Firm will provide legal services relating to Client’s business needs free of charge up to three (3) hours. Should the time the Provider Law Firm spends on the business legal issues exceed three (3) hours, Client will be charged on an hourly basis pursuant to the MBA Standard Service Plan’s discounted rate at two hundred and fifty dollars ($250) per hour.
- 24/7 Attorney Availability. An attorney from the Provider Law Firm will be available 24/7 for emergency phone consultation at a designated phone number (“24/7 Number”).
- Such consultation will be billed on an hourly basis pursuant to the MBA Standard Service Plan’s discounted rate at two hundred and fifty dollars ($250) per hour.
- You shall designate one (1) phone number and a point of contact with the Provider Law Firm for this service.
- You shall not share the Provider Law Firm’s 24/7 Number with any other individuals or entities.
- You understand and agree that the communication between the Provider Law Firm and you will be recorded.
- Annual Business Evaluation. The Provider Law Firm will perform an initial review, including all legal documentation, and evaluate your business once a year. Such service will be only available to clients who subscribe to annual subscriptions.
- Review of Business Applications. The Provider Law Firm will review Client’s prepared applications to governmental entities up to ten (10) consecutive pages per month. Any pages exceeding ten (10) will be billed on an hourly basis pursuant to the MBA Standard Service Plan’s discounted rate at two hundred and fifty dollars ($250) per hour. Such service will be only available to clients who subscribe to annual subscriptions.
- Review of Internal Manuals. The Provider Law Firm will review Client’s internal manuals and policies, including but not limited to employee handbook and sexual harassment policy, for compliance with relevant regulations and laws. The Provider Law Firm’s review of each of the internal manuals and policies will be limited to once a year, unless there is a change to the relevant regulation and law.
- Video Meetings. Should there be a meeting which requires an attorney’s participation or Client deems an attorney’s presence in the meeting as necessary, the Provider Law Firm’s attorney will participate free of charge up to one (1) hour. Should the time the Provider Law Firm spends on such a meeting exceed one (1) hour, Client will be charged on an hourly basis pursuant to the MBA Standard Service Plan’s discounted rate at two hundred and fifty dollars ($250) per hour.
- Drafting Letters/Responses. Under the MBA Standard Service Plan, the Provider Law Firm will draft up to two (2) separate initial letters and/or responses up to five (5) pages per letter and/or response relating to Client’s business issues per month. The time the Provider Law Firm spends to understand the specific facts and issues related to the letters and/or responses and any follow-ups will be charged on the discounted hourly rate of two hundred and fifty dollars ($250).
- Referral Discount. Should Client refer a business to subscribe to an MBA Service Plan and/or an MBA Service Package, Client will receive twenty percent (20%) discount for the next month’s subscription fee. The discount is based on per referral to MBA.
- MBA Premium Service Plan Benefits.
- 30 Minutes Free Consultations.
- Three (3) consultations per month with the Provider Law Firm, during normal business hours, of up to thirty (30) minutes for each new legal matter (“Consultations”).
- Should each of the Consultations continue beyond thirty (30) minutes, Client will be charged on an hourly basis pursuant to the MBA Premium Service Plan’s discounted rate of two hundred dollars ($200) per hour.
- New legal matter is a specific business legal issue, or a specific legal document that you have not spoken to the Provider Law Firm before.
- Consultations by the Provider Law Firm will be limited to only business legal issues. Any personal legal issues will be charged on an hourly basis pursuant the MBA Premium Service Plan’s discounted rate of two hundred dollars ($200) per hour.
- Business legal issues are limited to trademarks; copyrights; immigration sponsorship and compliance; business creation; corporate compliance; small business issues; contract drafting, negotiation, and disputes; landlord and tenant issues; business to business disputes; employment matters; Illinois Department of Human Rights, and Equal Employment Opportunity Commission complaints; Family and Medical Leave Act, Americans with Disability Act, and federal compliance; and Mechanic’s liens.
- If the Provider Law Firm determines after the consultation that a follow-up consultation is necessary, it may, in its sole discretion, offer the Client a follow-up consultation at no additional charge.
- Contract Review. Subscription to the MBA Premium Service Plan includes reviewing four (4) contracts up to ten (10) consecutive pages each per month by the Provider Law Firm. Any pages exceeding ten (10) will be billed on an hourly basis pursuant to the MBA Premium Service Plan’s discounted rate at two hundred dollars ($200) per hour.
- Drafting Debt Collection Letters. Under the MBA Premium Service Plan, the Provider Law Firm will draft up to seven (7) separate initial debt collection letters. The time the Provider Law Firm spends on drafting the letters is free of charge. The time the Provider Law Firm spends to understand the specific facts and issues related to debt collection and any follow-ups will be charged on the discounted hourly rate of two hundred dollars ($200).
- Contract Negotiation and Disputes. The Provider Law Firm will provide Client with contract negotiation and disputes services based on the discounted hourly rate of two hundred dollars ($200).
- Discounts for Business Legal Needs. If Client engages the Provider Law Firm for services not specified in the MBA Premium Service Plan, the Provider Law Firm will provide legal services relating to Client’s business needs free of charge up to six (6) hours. Should the time the Provider Law Firm spend on the business legal issues exceed six (6) hours, Client will be charged on an hourly basis pursuant to the MBA Premium Service Plan’s discounted rate at two hundred dollars ($200) per hour.
- 24/7 Attorney Availability. An attorney from the Provider Law Firm will be available 24/7 for emergency phone consultation at a designated phone number (“24/7 Number”).
- Such consultation will be billed on an hourly basis pursuant to the MBA Premium Service Plan’s discounted rate at two hundred dollars ($200) per hour.
- You shall designate one (1) phone number and a point of contact with the Provider Law Firm for this service.
- You shall not share the Provider Law Firm’s 24/7 Number with any other individuals or entities.
- You understand and agree that the communication between the Provider Law Firm and you will be recorded.
- Annual Business Evaluation. The Provider Law Firm will perform an initial review, including all legal documentation, and evaluate your business once a year. Such service will be only available to clients who subscribe to annual subscriptions.
- Review of Business Applications. The Provider Law Firm will review Client’s prepared applications to governmental entities up to ten (10) consecutive pages per month. Any pages exceeding ten (10) will be billed on an hourly basis pursuant to the Premium Service Plan’s discounted rate at two hundred dollars ($200) per hour. Such service will be only available to clients who subscribe to annual subscriptions.
- Drafting and Review of Internal Manuals. The Provider Law Firm will draft and review Client’s internal manuals and policies, including but not limited to employee handbook and sexual harassment policy, for compliance with relevant regulations and laws. The Provider Law Firm’s drafting and review of each of the internal manuals and policies will be limited to once a year, unless there is a change to the relevant regulation and law.
- Video Meetings. Should there be a meeting which requires an attorney’s participation or Client deems an attorney’s presence in the meeting as necessary, the Provider Law Firm’s attorney will participate free of charge up to two (2) hours. Should the time the Provider Law Firm spends on such a meeting exceed two (2) hours, Client will be charged on an hourly basis pursuant to the MBA Premium Service Plan’s discounted rate at two hundred dollars ($200) per hour.
- Drafting Letters/Responses. Under the Premium Service Plan, the Provider Law Firm will draft up to four (4) separate initial letters and/or responses up to five (5) pages per letter and/or response relating to Client’s business issues per month. The time the Provider Law Firm spends to understand the specific facts and issues related to the letters and/or responses and any follow-ups will be compensated on the discounted hourly rate of two hundred dollars ($200).
- Advertising Review. The Provider Law Firm will review Client’s advertising materials up to two (2) documents per month for compliance with relevant regulations and laws.
- Referral Discount. Should Client refer a business to subscribe to an MBA Service Plan and/or an MBA Service Package, Client will receive twenty-five percent (25%) discount for the next month’s subscription fee. The discount is based on per referral to MBA.
- Benefits of MBA Non-Legal Service Packages. MBA Non-Legal Service Packages offer the following benefits for Client to customize:
- Accounting Service Package. Under the MBA’s Accounting Service Package, Client would have access to a variety of services including maintaining books for yearly accountant tax return preparation, performing monthly bank reconciliations, performing monthly general ledger reconciliations such as notes payable and credit card payable accounts, maintaining monthly accounting schedules and record journal entries for fixed and prepaid assets, account receivable collection oversight and reporting of delinquent accounts, maintaining payroll information, and updating payroll records.
- Marketing Service Package . Under the MBA’s Marketing Service Package, Client would have access to a variety of services including,
- Marketing Strategy. This service encompasses developing digital marketing strategy, marketing research, branding, and measuring success through Search Engine Optimization, Search Engine Marketing, and Social Media Marketing.
- Television/Camera Services. This service covers creating professional videos for digital platforms and professional editing and dynamic graphic for any media channel such as YouTube, IGTV, and Facebook Live.
- Photography Services. This service covers architectural photos, portraits, 360 visual tour photography, and personalized photos for digital platforms.
- Graphic Design Services. This service covers personalized letterheads, brochures and flyers, business cards, and logos.
- Start-Up Business Service Package. MBA’s Start-Up Business Service Package covers business entity structuring, business registration, corporate document and agreements drafting, business compliance with relevant regulations and laws, and commercial lease review.
- No Roll Over Benefits. If any of the benefits under any MBA Service Plan and/or MBA Service Package is not used during the relevant month, such benefit(s) WILL NOT roll over into the subsequent month.
- Provider Law Firm’s Right to Refer. The Provider Law Firm reserves the right to refer any of Client’s legal matters, that may go beyond the Provider Law Firm’s expertise, to a third-party attorney. The Provider Law Firm and MBA make no guarantees as to the substance of the third-party attorney's advice. Client understands and acknowledges that the third-party attorney will charge Client separately based on its billing policies. Client has the right to refuse such referral and retain its own counsel of its choice at its own expense.
- Separate Contract for Each Entity. Client understands and agrees that should it have other affiliates, subsidiaries, parent entities, and/or partners, each of the business entities shall enter into a separate subscription agreement with MBA for an MBA Service Plan and/or MBA Service Package.
- No Limitations on Client’s Right to Obtain Additional Counsel. Nothing in any MBA Service Plan and/or MBA Service Package and/or this subscription agreement shall be construed to limit Client’s right to retain, at its own expense, an unaffiliated attorney. MBA shall not be obligated to pay for any such services.
- Conflict of Interest. Client understands and agrees that the Law Offices of Kameli and Associates, P.C. or its principals own MBA or have a financial interest in MBA. Client understands and agrees that all of the employees of MBA may be of the employees of the Law Offices of Kameli and Associates, P.C. Client hereby waives any and all conflicts of interests that may arise out of such relationship. Client understands and acknowledges that it has had the opportunity to be, or has been, represented by independent counsel in consenting to any and all conflicts of interests.
- Limitations & Exclusions from MBA Legal Service Plan Benefits. The following items and matters are specifically excluded from an MBA Service Plan, and are not to be considered or treated as benefits under any MBA Service Plan:
- Any legal action that directly or indirectly involves MBA or any of its affiliates, subsidiaries, parent entities, shareholders, members, directors, agents, or employees;
- Any action or question concerning or involving the State laws of a jurisdiction outside of the State of Illinois;
- Matters involving any of the following: Tax law; Pending or contemplated litigation; Criminal investigations; Regulatory or administrative investigations or inquiries; Settlement agreements; Opinion or clearance letters; Patents; Class action defense; Bankruptcy; Admiralty; Securities; Antitrust; or Professional licensing.
- Any matter, in the sole discretion of the Provider Law Firm, the value of the legal assistance or potential for malpractice liability against the Provider Law Firm disproportionately exceed the consideration paid for MBA Service Plan benefits;
- Any claim, action, matter or question which the Provider Law Firm, in its sole discretion, determines was brought to the attention of the Provider Law Firm too close to an applicable or potential statute of limitation, statute of repose, or any other deadline which prevents the Provider Law Firm from having adequate time to properly prepare or investigate;
- Any action that directly or indirectly involves the Provider Law Firm or any of its affiliates, subsidiaries, parent entities, shareholders, members, directors, agents, or employees;
- Any action that resulted in the prior recruitment or retention by Client of another attorney;
- Any matter that, in the Provider Law Firm's opinion, is frivolous or complicated in nature or objective;
- Any case matter or requested service that is determined by the Provider Law Firm to lack sufficient merit to warrant pursuit, or that the Provider Law Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances;
- The Provider Law Firm, in its sole discretion, may waive any of these exclusions, however, work on any of the excluded practice areas which shall be subject to additional fees. Any such fee increase shall be disclosed to, and approved by the Client prior to commencement of work; or
- The Provider Law Firm reserves the right to exclude any other matters at its sole discretion.
- Not Insurance. The MBA Service Plans and/or MBA Service Packages are not contracts of insurance or indemnification insurance plans, and are not regulated as such. MBA is not an insurance company and does not guarantee legal representation in any and all situations. An MBA Service Plan provides MBA clients with access to free and discounted legal services from the Provider Law Firm. MBA does not reimburse or indemnify any client or pay the Provider Law Firm for attorney fees or expenses.
- Use of MBA Service Plans and/or MBA Service Packages; Changes to MBA Service Plans and/or MBA Service Packages.
- General Practices. Client understands and agrees that MBA may establish general practices and limits concerning use of MBA Service Plans and/or MBA Service Packages, including without limitation the maximum number of complimentary attorney consultations you may receive in a given period of time related to one or all subjects.
- Right to Change Practices. Client understands and agrees that MBA reserves the right to change these general practices and limits at any time, in its sole discretion. MBA will provide Client reasonable advance notice of such change to the benefits. Client has the right to cancel its subscription with thirty (30) days written notice to MBA, should we materially decrease benefits.
- Right to Change Hourly Rates. The Provider Law Firm establishes its own hourly rates and may change them from time to time in the Provider Law Firm’s sole discretion. This means that the hourly fee for one matter may not be the same for a later representation. The Provider Law Firm will provide Client reasonable advance notice of such change to hourly rates. Client has the right to cancel its subscription with thirty (30) days written notice to MBA, should the Provider Law Firm materially change the hourly rates.
- Responsibility for Misuse. Client must immediately alert MBA of any fraudulent, unauthorized, illegal, or suspicious use of an MBA Service Plan and/or MBA Service Packages, or any other breach of security or unauthorized or illegal activity that Client reasonably suspects.
- Authority to Enter Agreement. Client understands and agrees that the individual executing the subscription agreement, has the legal authority to bind Client to the subscription agreement. MBA is not liable for any loss or damage resulting from MBA’s reliance on any instruction, notice, document or communication, reasonably believed by us to be genuine and originating from an authorized representative of Client. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, MBA may, but is not obliged to, require additional authentication from Client.
- Payment; Billing; Automatic Renewal.
- Subscription Fee Payments. For any MBA Service Plan and/or MBA Service Packages Client subscribes, Client will be charged in full for the amount of the subscription term Client selects upon subscription (e.g. monthly, annual), and Client agrees that for each renewal term for such MBA Service Plan and/or MBA Service Packages, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. The payment method MBA has on file for you will be charged the applicable subscription fees on a recurring basis for the duration of your subscription through each renewal term. Unless otherwise notified pursuant to this Subscription Agreement, the charge and term duration for each renewal term will be the same as the initial subscription term. PLEASE NOTE THAT EVEN IF YOU DO NOT USE ANY MBA SUBSCRIPTION BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED PURSUANT TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT.
- Notice of Automatic Renewal. As a courtesy to Client, MBA may send a reminder email to the email address of record for your account before your billing date to inform you of your subscription’s automatic renewal. Client understands and agrees that this notice is provided as a courtesy only, and MBA is not obligated or required to provide such notice. Client understands and agrees that (i) your failure to read, (ii) inability to receive, or (iii) the failure of MBA to send the email does not create any liability on the part of MBA or the Provider Law Firm.
- Credit Card Authorization. By entering credit card information, Client agrees and authorizes to be billed monthly to the credit card on file for its subscription fee payments, until such time that the subscription agreement is terminated and/or cancelled.
- Fee Adjustments. MBA may increase subscription fees for any MBA Service Plan and/or MBA Service Packages subscription effective the first day of a renewal term, as applicable, by giving Client notice of the new fees thirty (30) days before the beginning of the renewal term. If Client does not cancel its subscription pursuant to this agreement, Client shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms and Client’s payment method on file will be charged according to the new fee. Reductions in fees become effective on the next renewal term without any pro rata reduction for the period covered under the prior fee schedule.
- Expenses and Costs. Client understands and agrees that it is responsible for all expenses and costs incurred or other actions that may occur through its use of an MBA Service Plan and/or MBA Service Packages advanced by MBA and/or the Provider Law Firm on your behalf. Said expenses and costs shall include but not be limited to copying costs and costs of corporate filing fees, experts, reports, records, travel, lodging, mileage at the IRS rate, and any other third party fees.
- Cancellation Policy.
- Client Cancellation Policy. Client understands and agrees that it shall fill out a Subscription Cancellation Request Form to cancel its subscription agreement to the MBA Service Plan and/or MBA Service Packages thirty (30) days prior to the expiration of its subscription period. Such Subscription Cancellation Request Form can be found on our website at mybusinessadvocate.com.
- MBA Cancellation Policy. Client understands and agrees that MBA reserves the right to cancel Client’s subscription agreement to the MBA Service Plan and/or MBA Service Packages, with cause or without cause, with thirty (30) days prior written notice to Client. Should MBA cancel Client’s subscription agreement, MBA will refund any remaining subscription fee to Client.
- Termination of Subscription Agreement.
- By MBA.
- If Client fails to pay for MBA Service Plan and/or MBA Service Packages according to the subscription plan Client selected, such non-payment may result in suspension of service and subsequent termination of subscription.
- Client’s right to use an MBA Service Plan and/or MBA Service Packages is subject to any limits established by MBA or by Client’s credit card issuer. If a charge made to Client’s credit card is declined, MBA may make multiple subsequent attempts to bill that card again in the future. If payment cannot be charged to Client’s credit card or the charge is returned for any reason, including through a chargeback, MBA reserves the right, in its sole and absolute discretion, to suspend or terminate access to any MBA Service Plan and/or MBA Service Packages, thereby terminating this subscription agreement and all obligations of MBA hereunder.
- By Client.
- After Client has subscribed, Client has seven (7) days in which to examine it. If during this period Client decides that it is not satisfied with the subscription agreement, Client may fill out a Subscription Cancellation Request Form to cancel its subscription agreement to the MBA Service Plan and/or MBA Service Packages and have any remaining prepaid amounts refunded. MBA will calculate the amount to be refunded at its sole discretion.
- If the subscription agreement is cancelled and you have not sought legal services pursuant hereto within this time period, the subscription agreement shall be void from the beginning and the parties shall be in the same position as if the subscription agreement had not been issued.
Please read the below arbitration agreement carefully and fully prior to signing this Agreement.
- Arbitration.
- Consent to Arbitration. In the event of any dispute, claim or controversy between the parties arising out of or relating to this subscription agreement or any breach thereof, whether such dispute, claim, or controversy sounds in contract, tort, equity, or otherwise, and whether such dispute, claim, or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of this subscription agreement (“Dispute”), such Dispute shall be settled by and through a confidential arbitration proceeding to be administered by the American Arbitration Association (or any like successor organization thereto) in Cook County, Chicago, Illinois, in accordance with the American Arbitration Association Commercial Arbitration Rules (“Arbitration Proceeding”).
- Notwithstanding the American Arbitration Association’s Commercial Arbitration Rules, any such arbitration proceeding initiated pursuant to this section shall be conducted in an expedited manner. A panel of a single arbitrator shall be selected by mutual agreement of the parties from a list of arbitrators provided by the American Arbitration Association (“Arbitration Panel”).
- The parties hereby agree that a final and binding hearing shall take place no later than six (6) months after the initiation of an arbitration (“Final Hearing”). The parties hereby agree that neither of the parties shall be entitled to any form of discovery, be it written or oral, either from each other or from any third party. The parties hereby agree that each shall have the right to bring and present their evidence before the Arbitration Panel in the Final Hearing. Upon the conclusion of which, the Arbitration Panel shall issue judgment and/or award in favor of one of the parties (“Award”), which shall be final and binding on the parties hereto and may be specifically enforced by a court of competent jurisdiction.
- The parties hereby agree and consent to such venue and waive any objection thereto. The parties hereby agree that, notwithstanding any provision of this section or the Illinois state law governing this subscription agreement, the Dispute, all issues relating to arbitrability, or the enforcement of this agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et. seq.), the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and federal common law regarding arbitration.
- The parties hereby agree that all information regarding and relating to the Dispute, the Arbitration Proceeding, the Arbitration Panel, the Final Hearing, and the Award shall be confidential. The parties shall take all reasonable steps to ensure information regarding and relating to the Dispute, the Arbitration Proceeding, the Arbitration Panel, the Final Hearing, and the Award is revealed only to those persons reasonably necessary to conduct the Final Hearing (“Interested Persons”). No information regarding and relating to the Dispute, the Arbitration Proceeding, the Arbitration Panel, the Final Hearing, and the Award shall be revealed to persons other than Interested Persons.
- The parties hereby acknowledge and agree that the costs of any Arbitration Proceeding, including the costs of fees to the American Arbitration Association and costs paid to the Arbitration Panel, shall be shared equally by the parties. The parties hereby acknowledge and agree that the prevailing party in any Arbitration Proceeding shall be entitled to reimbursement by the other party for its attorneys’ fees and costs incurred relating to the Arbitration Proceeding.
- Injunctive Relief. This section will not apply to any legal action taken by MBA and/or Provider Law Firm to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this subscription agreement.
- Professional, Independent Attorney Judgment. The Provider Law Firm performing legal services for Client under the terms of this subscription agreement are not agents or employees of MBA. Please note that MBA is not a law firm and does not provide legal services. MBA makes no guarantees as to the substance of the attorney's advice. The Provider Law Firm rendering legal services to Client under an MBA Service Plan shall maintain the attorney-client relationship with Client, and is solely responsible to the Client for all legal services provided. It is within the sole discretion of the Provider Law Firm to determine whether claims or defenses pertaining to any matter under this subscription agreement present a frivolous or otherwise unmeritorious claim or defense. The Provider law Firm reserves the right to make independent professional judgments regarding such presentations. MBA will in no way influence or attempt to affect the rendering of legal services of the Provider Law Firm.
- Force Majeure. MBA and/or the Provider Law Firm shall not be considered in breach of or default under this subscription agreement or any contract with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, riot, boycott, inability to obtain labor, material or equipment, or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than sixty (60) days in the aggregate, MBA and/or the Provider Law Firm may immediately terminate this subscription agreement and shall have no liability to you for or as a result of any such termination.
- Waiver. No failure by the Provider Law Firm and/or MBA to insist upon the strict performance of any covenant, duty, agreement or condition of this subscription agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.
- Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from MBA (including information provided by a Provider Law Firm or an attorney offering a free consultation) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
- Severability. If any provision of this subscription agreement is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from this subscription agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the subscription agreement.
- Entire Agreement. The subscription agreement, together with the incorporated documents, contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters.
- Counterparts. This subscription agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- Notices. All notices hereunder shall be in writing and shall be deemed duly given (a) on the date of delivery if delivered personally, or by electronic mail, upon receipt, (b) on the first business day following the date of dispatch if delivered by a recognized next-day courier service, or (c) on the tenth business day following the date of mailing if delivered by registered or certified mail, return receipt requested, postage prepaid. All notices hereunder shall be delivered to the parties at the following addresses:
If to My Business Advocate:
____________________________
____________________________
____________________________
____________________________
If to the Provider Law Firm:
__________________________
__________________________
__________________________
__________________________
If to Client:
__________________________
__________________________
__________________________
__________________________
- Headings. The section headings contained in this subscription agreement are convenient references only and shall not in any way affect the meaning or interpretation of this subscription agreement.
- Governing Law. This subscription agreement is to be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to choice of law principles.
- Electronic Signatures. Each party agrees that this subscription agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this subscription agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
I HAVE READ THE FOREGOING AGREEMENT, AND I ACCEPT AND AGREE TO THE PROVISIONS IT CONTAINS AND HEREBY EXECUTE IT VOLUNTARILY WITH FULL UNDERSTANDING OF ITS CONSEQUENCES.
Client: The Provider Law Firm:
Name: ____________________________ Name: ________________________________
Signature: __________________________ Signature: _____________________________
Title: _______________________________ Title: _________________________________
Date: ______________________________ Date: _________________________________
[My Business Advocate]:
Signature: __________________________
Title: ______________________________
Date: ______________________________
