Immigration Lawyer Locator, Inc. Agreement 517A
This agreement is made by and between Immigration Lawyer Locator, Inc. , hereinafter referred to as "Supplier" and
__________________________________, hereinafter referred to as
"Lawyer".
Supplier is the owner and operator of immigrationlawyerlocator.com,
an internet directory web site that provides a free lawyer search engine for
individuals seeking the services of a lawyer to provide legal services in
certain specified areas of legal practice, and area within. Lawyer is a licensed, practicing lawyer or law
firm desiring to be listed as a lawyer willing to provide such legal services
to clients in the jurisdictions where Lawyer is licensed to engage in the
practice of law. Supplier also is the
provider of certain Internet Advertising Services designed to increase the
number of clients, productivity and income of lawyers who subscribe to the
advertising services. Supplier and
Lawyer have by this agreement entered into a business relationship for Supplier
to provide certain services for Lawyer on the Internet,
NOW THEREFORE, the premises considered and in further
consideration of the mutual promises and covenants contained herein, the
parties do agree, represent, promise and covenant as follows:
1.
That Supplier
will provide to Lawyer the services, goods and material listed on the attached
"A-Invoice" which is specifically incorporated herein by reference as
though fully set out herein.
2. Lawyer will pay to A ONE TIME YEARLY FEE BASED ON
SERVICES PROVIDED. Said payment shall renew for an additional one year term
thereafter or continue for a period of 12 months from
the date data is made available for public viewing in our data bank. (Unless otherwise noted on
invoice contract ends 36 months from dated invoice)
3.
Nothing contained
herein shall constitute any representation or promise by Supplier that the
goods or services provided to Lawyer will result in any guarantee of the number
of clients that will use Lawyer to provide legal services for or on behalf of
the client or in the amount of legal fees to be generated by Lawyer as a direct
or indirect result of the services provided by Supplier.
4.
All legal fees
generated by Lawyer from clients who have used the services provided by
Supplier to lawyer shall be solely the property of Lawyer and Lawyer shall be
solely responsible for the negotiation and collection of any fees due to lawyer
from clients. In no way shall Supplier be deemed to be a guarantor of any fees
due to the Attorney. All legal services to be provided to client shall be
solely the responsibility of Lawyer and Supplier shall have fulfilled all of
its obligations hereunder by providing the Internet Directory Services to
Lawyer. It is understood and agreed that Supplier is not now, nor has it ever,
holding itself out as a licensed, practicing Lawyer, nor does Supplier engage
in the rendering of legal services to potential clients.
5.
Lawyer agrees and
covenants that they are licensed to practice law in stated area of practice and
in each “ exclusive “ geographical area in which the Lawyer lists a Lawyer
“BIO” , Web-site link, Contact Information, and other useful information.
6.
Immigration Lawyer Locator, Inc. holds no legal responsibility for any errors, whether,
grammatical, spelling, or any omissions of descriptive services or text.
7.
Lawyer may cancel
this agreement upon 90 days written notice to Supplier. NO-REFUNDS of any and
all payments will be refunded to the lawyer.
Furthermore, Lawyer understands and agrees that it will be removed from
Supplier's database..
8.
Under no
circumstances, including negligence, shall Supplier's, its officers, agents or
any one else involved in creating, producing or distributing Supplier's service
be liable for any direct, active practice of law. Supplier will link to Lawyer
's website through hypertext links providing Lawyer 's website does not
contain, or link to any of the following: (i)
Pornographic material of any kind; (ii) Provide material that is grossly
offensive, including blatant expressions of bigotry, prejudice, racism, hatred,
or excessive profanity or any obscene, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable content; (iii) Sell or promote
any products or services that are unlawful in the location at which the content
is posted or received; (iv) Introduce viruses, worms, harmful code, and/or
Trojan horses on the Internet; (v) Display material that exploits, or otherwise
exploit, children under 18 years of age; (vi) Contain any content or otherwise
infringe in any way or violate any copyright, patent, trademark, service mark,
trade name, trade secret, or other intellectual property right of any third
party; (vii) Promote, solicit, or participate in pyramid schemes; (viii) Any
content that holds Supplier up to public scorn or ridicule; (ix) Engage in any
libelous, defamatory, scandalous, threatening, harassing activity; (x) Disclose
any personally identifying information or private information about children or
any third parties without their consent (or their parents' consent in case of a
minor); and/or (xi) Any content that advocates, promotes, or otherwise
encourages violence against any governments, organizations, groups, or
individuals or which provides instruction, information, or assistance in
causing or carrying out such violence.
9.
This agreement
includes minor web page maintenance to regular web page (if the services selected by Attorney as shown on the attached exhibit
includes the construction of a web site by Supplier for Attorney) over a
twelve-month period, including updating links and making minor changes to a
sentence or paragraph. It does not include removing nearly all the text from a
page and replacing it with new text. If Attorney or an agent of the Attorney
other than Supplier attempts updating the Attorney's page(s), time to repair
web page will be assessed at the hourly rate, and is not included as part of
the updating time. The twelve-month maintenance period commences upon the date
the Attorney signs this contract. Changes requested by the client beyond those
limits will be billed at the hourly rate of $ 150.00. This rate shall also
govern additional work authorized or requested for such services as general
Internet orientation education, marketing consulting, editing or modifying web
page. Time required to make changes to client-submitted text after the web page
has been constructed will be billed at the hourly rate of $150.00 per hour.
10.
If Attorney does
not supply Supplier complete text and graphics content for all web pages
contracted within four weeks of the date this contract was signed, a penalty of
$50.00 will become due and payable. If Attorney has not submitted complete text
and graphics content within two months after signing of this contract, an
additional continuation fee of 10% of the total contract price will also be
assessed each month until the website/page is completed.
11.
Supplier reserves
the right to assign subcontractors to this project to insure the right fit for
the job as well as on-time completion.
12.
Supplier does not
warrant that the functions contained in Supplier's services or any web page
constructed by Supplier for Lawyer will meet the Lawyer‘s requirements or that
the operation of the Supplier's service or Lawyer 's web page will be
uninterrupted or error-free. The entire risk as to the quality and performance
of the Supplier's service or any web page constructed by Supplier for Lawyer is
with Lawyer. In no event will Supplier be liable to Lawyer or any third party
for any damages, including any lost profits, lost savings or other incidental,
consequential or special damages arising out of the operation of or inability
to operate this service or any web page constructed by Supplier for Lawyer,
even if Supplier has been advised of the possibility of such damages.
13.
If any provision
of this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions.
14.
Lawyer represents
to Supplier and unconditionally guarantees that any elements of text, graphics,
photos, designs, trademarks, or other artwork furnished to Supplier for
inclusion in web page are owned by the Lawyer, or that the Lawyer has
permission from the rightful owner to use each of these elements, and will hold
harmless, protect, and defend Supplier and its subcontractors from any claim or
suit arising from the use of such elements furnished by the client.
15.
From time to time
governments enact laws and levy taxes and tariffs affecting Internet electronic
commerce. Lawyer agrees that the Lawyer is solely responsible for complying
with such laws, taxes, and tariffs, and will hold harmless, protect, and defend
Supplier and its subcontractors from any claim, suit, penalty, tax, or tariff
arising from the Lawyer's exercise of Internet electronic commerce.
16.
Supplier and its
subcontractors retain the right to display graphics and other Web design
elements as examples of their work in their respective portfolios.
17.
Delinquent bills
will be assessed a $50 charge if payment is not received within 10 days of the
due date. If an amount remains delinquent 30 days after its due date, an
additional 15% penalty will be added for each month of delinquency. Supplier
reserves the right to remove web page from viewing on the Internet until final
payment is made. In case collection proves necessary, Attorney agrees to pay
all fees incurred by that process.
18.
This agreement becomes effective only when
signed by Supplier. Regardless of the place of signing of this agreement,
Lawyer agrees that for purposes of venue, this contract was entered into in
Hancock County, OH and any dispute will be litigated or arbitrated in
19.
The agreement
contained herein constitutes the sole agreement between Supplier and Attorney
regarding the services to be provided by Supplier for Lawyer and any web page
to be constructed by Supplier for Lawyer. Any additional work not specified in
this contract must be authorized by a written change order. All prices
specified in this contract will be honored for twelve (12) months after both
parties sign this contract.
IN WITNESS WHEREOF, Supplier and Attorney have executed this
agreement on the _______ day of ____________________, 20_____.
Immigration Lawyer Locator, Inc.
By:__________________________________________________
Position: ________________
Date: ________
Agreed and Accepted:
By:_______________________________________________________
Date: ______________