TERMS OF SERVICE & AGREEMENT
THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES FROM APPEARANCE ATTORNEY ON CALL AND ANY AND ALL OF THEIR AFFILIATE ENTITIES OR INDIVIDUALS(“AAOC” and/or “Appearing Attorney”) AND YOU(“Requesting Attorney”).
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or Competitive purposes.
The following Terms apply to the services rendered by Appearing Attorney On Call(AAOC) and/or the “Appearing Attorney”, for the attorney requesting the appearance, herein known as the “Requesting Attorney”:
It shall be the responsibility of Requesting Attorney to provide AAOC with clear, complete, accurate data necessary to conduct a competent appearance; AAOC or contracted attorney shall have no affirmative obligation to contact Requesting Attorney for additional information. Information transmitted by telephone is not always clear, therefore, all information must be provided in writing to AAOC. Appearance attorney is not liable for any damages resulting from failure to provide information and documents. Requesting Attorney retains all responsibilities associated with the case.
This service is intended only for active status California attorneys in good standing with the State Bar of California who are actually counsel of record in a given matter. No service is rendered to counsel who have yet to substitute in as counsel of record. AAOC will contract an attorney to appear or to conduct contract counsel services. No Appearing Attorney shall serve as record counsel unless by special prior arrangement and under explicit written agreement. AAOC/Appearing Attorney(s) do not maintain errors and omissions coverage.
Unless otherwise agreed in writing or ordered by the court, the duty of AAOC and/or any contracted attorney sent by AAOC terminates when appearance results are transmitted to Requesting Attorney. AAOC will make every reasonable effort to transmit results the day of the appearance. AAOC shall not be liable for unfavorable appearance results caused by record counsel’s (or his or her firm’s or staff’s) negligence, fraud or malfeasance, or by Requesting Attorney’s failure to provide adequate data or instructions, or by the conduct of any attorney not associated with AAOC.
Since the outcome of litigation is subject to factors which cannot always be foreseen, Requesting Attorney acknowledges and understands that AAOC and/or Appearing Attorney has made no promises or guarantees concerning the outcome and is unable to do so. Requesting Attorney further acknowledges and agrees that judges may order sanctions or other monetary penalties at some appearances, and that AAOC and/or Appearing Attorney shall not in any manner be responsible for the imposition of said sanctions/penalties and/or there payment. Requesting Attorney acknowledges and agrees that Requesting Attorney shall hold free and harmless AAOC and/or Appearing Attorney from any and all clams and damages of whatever nature, Requesting Party claims it may have in any regard for the actions and conduct under this Agreement by AAOC and/or Appearing Attorney.
Prepayment of Appearance Fees are mandatory. AAOC accepts MasterCard, Visa and PayPal. Fees are set forth on the Current Fee Schedule or if a special order then by a separate writing. The paying account must be in the name of the firm, an attorney member of the firm or the firm administrator. For charge card orders, download the Charge Card Authorization Form HERE and fax or email it to us completed and signed along with the card holder’s name, card number, expiration date, 3-digit code and the billing address, including zip code. Requesting Attorney, requesting attorney’s firm and requesting attorney’s client are jointly and severally liable for payment of all sums due AAOC. Fees are subject to change without notice for all future appearances not currently paid.
Cancellation of Appearance. There is no charge for orders canceled more than 24 hours before the scheduled service. There is a fifty percent (50%) cancelation fee charged for orders canceled the day before the scheduled service. Appearances canceled on the day of the appearance are charged the full fee. Matters that have gone off-calendar for any reason (e.g. the court’s sua sponte action) are also charged the full fee. It is the responsibility of the attorney of record to confirm a matter is on calendar.
AAOC and/or appearing attorney is under no duty to advance costs such as without limitation ex parte filing fees, debtor exam, warrant fees, parking charges and mileage charges, and requesting attorney must plan ahead if such costs are anticipated; however, if AAOC and/or appearing attorney does undertake such expense, requesting attorney irrevocably agrees that AAOC may, without additional authorization, charge such expense to the credit card on file after the appearance is completed. Further, if after billing a minimum fee for service the actual time expended is greater than anticipated and billed, requesting attorney irrevocably agrees that AAOC may, without additional authorization, charge such additional time to the credit card on file after the appearance is completed
If for any reason, Requesting Attorney payment for any services and/or expenses under this agreement fails to make payment within seven(7) days of said email request to make payment then requesting attorney agrees that AAOC fee shall then be for late fee, and other related charges the flat fee of $ 500.00 and acknowledge that such conversion is not to be deemed interest but the actual value of services rendered within the community at large.
Requesting attorney shall indemnify and hold AAOC and/or appearing attorney harmless and defend AAOC and/or appearing attorney in any litigation arising from any unfavorable results caused by the contracted appearance, and in any malicious prosecution action arising from the matter.
AAOC may charge Requesting Attorney parking expense and mileage reimbursement. AAOC charges $0.30 per mile for all miles driven in assignments requiring travel of forty (40) miles or more. Requesting Attorney agrees that AAOC may charge parking expenses mileage expenses to the credit card on file without additional authorization.
All orders for service under this Agreement must be submitted online using our online form(s). Requesting attorney may submit data requiring special confidentiality by alternative means (e.g. courier, email or fax) with the understanding that Internet email and submission of information via forms is not inherently private and may be intercepted by third parties thereby compromising confidentiality. Requesting attorney further understands and agrees that attorney client information may as a result of this contract be shared with AAOC and/or Appearing Attorney. AAOC and/or Appearing Attorney shall not release any confidential information to the best of their abilities and shall maintain all client-attorney information.
Requesting Attorney has carefully read and considered the provisions hereof and, having done so, agrees that the restrictions set forth in this Agreement hereof(including, but not limited to, the time periods of restriction in each of such paragraphs) are fair and reasonable and are reasonably required for the protection of the interests of the Disclosing Party.
It is understood and agreed that the construction and interpretation of this Agreement shall at all times and in all respects be governed by the internal laws of the State of California, without giving effect to the conflict of law’s provisions thereof. Venue of any action brought to enforce or relating to this Agreement shall be brought exclusively in the Superior Court of Riverside County.
By providing the electronic signature (printing your name on the last form box), Requesting Attorney acknowledges that he/she has read and understands all the terms and conditions above mentioned.