Terms of Service
TERMS AND CONDITIONS OF SERVICE
CLIENT UNDERSTANDS AND ACCEPTS THAT: ZeroRisk Cases, Inc. provides leads that will undergo three processes:
- digital marketing
- call center division, and
- document services
The Campaign Fee is based upon the reasonable costs of such advertising.
ALL OF OUR PERSONAL INJURY SIGNED CASES ARE GENERATED AND PROCESSED USING OUR ZERORISK COMPLIANCE PROGRAMTM
FOR PERSONAL INJURY SIGNED CASES
DELIVERABLES
Each signed Claimant will include completed intake form, signed attorney retainer agreement, HIPAA, HITECH, and any other attorney provided documents for Claimant signature. We also include the Claimant background check, ZeroRisk Compliance ProgramTM, and Call Recordings for added quality assurance with each signed Claimant.
Delivery methods: Email, API, Dropbox
CRITERIA
Supplier will provide the following intake information along with signed documents provided by Buyer for each signed Claimant:
- they did not hire an attorney for this incident
- they were in an accident and sustained bodily injury (taken to ER or have been examined by a medical professional for their injury complaint within 5 days post-accident)
- they were not at fault
- the at fault party has insurance coverage
- they provide a description of their accident/injury and any treatment, etc.
- there is a police report available (police or other governing authority, arrived at the scene of the accident)
- the date of accident and it is within 3 months
- receive medical attention WITHIN 5 DAYS OF THE ACCIDENT for any injury resulting from the accident
- they have not received any settlement for their bodily injury claim
TERMS AND CONDITIONS
This Agreement and each Insertion Order are subject to and governed by these Terms and Conditions.
Term
This Agreement shall remain in effect for so long as any Insertion Order is in effect. Following the termination or expiration of this Agreement and any Insertion Order, any and all provisions set forth herein which, by their very nature, are intended to survive any expiration or termination hereof, shall so survive, including without limitation, the provisions respecting Confidentiality, Limitation of Liability, Attorney’s Fees, and Applicable Law.
Timeframes
Work will commence within 7-14 business days of payment and continue until all signed retainers have been delivered. The campaign will be ongoing until completed. There will be no changes in documents permitted once a campaign is started. A change in documents will be reflected in any subsequent campaign.
Replacement Policy
- If the Claimant we signed for you does not meet your initial criteria, we replace it, no questions asked.
- We must be notified within 14-days for a replacement.
- A change in the Buyer’s campaign criteria during the course of any current running campaign may change the cost per signed lead under the new criteria for the current and future campaigns.
- Signed Claimant will not be replaced if there is a change in the current campaign criteria invalidating any signed Claimant as a compensable case.
Refund Policy
There are no partial or full refunds provided by the Supplier. The Supplier will make every effort to fulfill Buyer’s campaign. Supplier will not refund any Buyer’s paid campaign fees if Supplier cannot fulfill Buyer’s campaign due to any acts of Nature, God (including lightning, floods, earthquakes, fire, or high winds), pandemics, man-made crisis, natural or man-made disaster, war, market conditions or any other force majeure that would directly or indirectly affect Supplier’s ability to complete Buyer’s campaign. Should the Supplier agree, solely at Supplier’s discretion, to any refund to Buyer, the maximum amount of refund would be any fees paid by Buyer on any remaining portion of the campaign minus cost of Supplier’s media buys spent to date.
No Assignment Amendments
BUYER may not transfer or assign any of its rights under this Agreement or any Insertion Order. This Agreement and an Insertion Order may be modified only by a written amendment signed by both parties.
Marketing Services Only
Supplier is an advertiser providing marketing services to Buyer. Supplier is not a “lawyer referral service” or a “for-profit lawyer referral service.”
No Representation or Guarantee of Results
Supplier’s sole duty and obligation shall be to run the Campaign as described in this Agreement and the Insertion Orders. The Supplier does not represent or guarantee any level of response or that any interested persons shall hire Buyer.
Supplier Does Not Provide Legal Advice
Supplier is not a law firm, nor is it staffed by lawyers. The Supplier does not and will not provide any legal advice. If any applicant should request legal advice, Supplier shall state that the interested person should consult with a licensed attorney for answers to legal questions.
Confidentiality
All information collected or in the possession of Supplier shall be kept by Supplier in strict confidence.
Flat Campaign Fee—Not Based on any Contingency
Supplier’s Campaign Fee is a flat all-inclusive fee and is not contingent upon the perceived or actual value of any potential recoveries; whether there is any recovery in any potential claim; or any other factors.
Non-Exclusive Services
Buyer acknowledges that Supplier is not exclusively engaged by Buyer and that Supplier accepts engagements from numerous other parties.
Compliance with Rules of Professional Conduct
If Buyer is a lawyer or a Claimant Purchaser, then Buyer and the Campaign may be subject to compliance with all State, local, and other applicable rules of ethics and codes of professional conduct (collectively, “Rules of Professional Conduct). Supplier does not make any representations or warranties that its services or the Campaign is compliant with any Rules of Professional Conduct. Buyer is solely responsible to assure that the Campaign, all advertising in the Campaign, and the services provided by Supplier do not violate any Rules of Professional Conduct. On written request of Buyer, Supplier will provide Buyer with actual copy or examples of pre-insertion copy of advertising to be used in the Campaign so that Buyer may determine if such Campaign complies with the Rules of Professional Conduct to which Buyer is subject.
When the need arises, we work with partner vendors who are fully vetted and must comply with all our in-house compliance processes. They are monitored daily for compliance.
Seller indemnifies Buyer from any lawsuit related to fake lead and lead fraud resulting from signed Claimant Seller provided under this agreement.
Not a prospective contact/Lawyer Matching Service
Supplier undertakes to publish advertising as directed by Buyer. Supplier does not undertake to “match” any prospective contact with any particular Buyer. Supplier’s goal is to provide Buyer with the responses resulting from the Campaign.
No Recommendations
Supplier will not make any recommendations that Buyer is the “right” lawyer for anyone who responds to the Campaign, or that Buyer is qualified to handle any particular matter.
Limitation of Liability
ZeroRisk Cases® and all of its affiliates and subcontractors, where applicable, will not be held liable for any Claimant fraud or fake Claimants resulting from our client acquisition/Claimant generation campaign for the Buyer. Each Claimant is subject to thorough compliance screening before the complainant is signed on behalf of the Buyer. We execute full immunity and are indemnified from any lawsuit or prosecution relating to, but not limited to, Claimant fraud and fake Claimants that may result in a lawsuit against the Buyer and will not be responsible for any monetary or any other damages resulting from any lawsuit filed against the Buyer. ZeroRisk Cases® will provide compliance screening evidence for any defense required if a lawsuit is filed.
IN NO EVENT SHALL SUPPLIER BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUPPLIER BE LIABLE TO BUYER FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY BUYER TO SUPPLIER UNDER THIS AGREEMENT FOR THE MOST RECENT 30-DAY PERIOD PRIOR TO ANY ALLEGED CLAIM BY BUYER. SUPPLIER EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING SUPPLIER’S SERVICES OR ANY PORTION THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY WARRANTY REGARDING (A) THE NUMBER OF PERSONS WHO WILL ACCESS THE ADVERTISEMENT; (B) ANY BENEFIT BUYER MIGHT OBTAIN FROM ANY ADVERTISING; AND (C) THE SPEED, ACCESSIBILITY, OPERATION OR FUNCTIONALITY OF ANY A DVERTISING TO BE DISPLAYED.
Force Majeure
Except for payment obligations, neither party shall be deemed in default of this Agreement or any Insertion Order, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott. In the event a force majeure event described in this section extends for a period in excess of ninety (90) days in the aggregate, either party may immediately terminate this Agreement and any Insertion Order.
Attorneys’ Fees
If any action is brought at law, in equity or arbitration, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement and any Insertion Order, the prevailing party shall be entitled to reasonable attorneys’ fees, for all arbitration, pretrial, trial or appellate levels, which may be set by the court or the arbitrator in the same action or in a separate action brought for that purpose, including costs and fees for investigation and collection of any amount awarded in such action, in addition to any other relief to which the party may be entitled.
Applicable Law
This Agreement and all Insertion Orders are to be construed under the laws of the Commonwealth of Pennsylvania without taking into account its conflicts of law rules. Any action arising out of this Agreement or any Insertion Order or the relationship of the parties established herein shall be brought only in a court of competent jurisdiction located in Lehigh County, Pennsylvania and the parties hereby consent and submit themselves to the exclusive jurisdiction of such Courts for such purpose.
ZeroRisk Cases, Inc.
47 N. Jefferson Street
First Floor
Allentown, PA 18102
610-437-8822
ab***@ze***********.com