TERMS OF SERVICE
To engage our law firm, please complete, carefully review and agree to the Terms of Service set forth below by clicking the SEND button below.
Premarital Counselors & Attorneys
20130 Lakeview Center Plaza
Ashburn, VA 20147
United States of America
These Terms of Service constitute an engagement & representation agreement, which incorporates all information submitted by the Client and otherwise set forth in this form (this “Agreement”), is entered into as of the date submitted by you by clicking the “SUBMIT” button at the bottom of this form and is not effective until such a time as this Agreement has been accepted by the Firm, and confirmation of such acceptance has been provided to the Client by the Firm. Once accepted by the Firm, this Agreement shall be binding on (1) PRENUP PROS PLLC, a Virginia professional limited liability company (“Prenup Pros” or the “Firm”) and (2) the party purchasing the Legal Services offered under this Agreement (referred to as the “Client”, “you” or “your”). You agree that by providing the Client’s information and submitting this Agreement to the Firm for acceptance, you accept and agree to be bound to the terms of this Agreement. Prenup Pros agrees to provide (only) the following legal services in accordance with the terms of this Agreement (the “Legal Services”):
1. Flat-Fee Prenuptial Agreement Package ($1,500), which consists of:
A. Verbal advice and consultation in relation to the preparation of the premarital agreement (the "PMA" herein), based on Client’s information and input;
B. One (1) initial draft of the PMA and up to three (3) revisions, if necessary, based solely on Firm's review of the initial draft and consultation with Client. The Firm will prepare the PMA entirely based upon the statements of Client and will make no independent investigation of the facts or circumstances; and
C. A follow-up consultation by telephone following the provision of the initial PMA draft to Client; to be scheduled a mutually convenient time by the parties.
2. Premarital Agreement counseling, review, editing, negotiation and drafting on an hourly basis, the scope of which shall be specified by the Firm after discussion(s) with Client and deemed incorporated herein. For Legal Services that the Firm agrees to perform on an hourly basis, you understand and acknowledge that hourly fees are billed in six (6)-minute increments corresponding to the time spent on the matter at the rate of $300/hour. In the event the Firm provides services that are billed on an hourly basis, it will invoice you prior to performing the work and all invoices must be paid upon receipt. Prenup Pros requires advance payment of a Flat Fee or hourly retainer (as applicable) at any time as a pre-condition to performing, or continuing to perform, any portion of the Legal Services for new clients. All retainers and Flat Fees paid by the Client in advance will be held and maintained in an IOLTA Trust Account in compliance with applicable laws, rules and regulations. Neither the Client nor the Firm shall be entitled to interest on any funds held in trust.
Unless the Firm otherwise confirms in writing to the Client, the Legal Services shall only include those described above, and Prenup Pros has no obligation to provide any other services of any kind to the Client. THE OBLIGATION TO PROPERLY EXECUTE THE CLIENT’S PREMARITAL AGREEMENT RESTS SOLELY WITH THE CLIENT, AND PRENUP PROS IS NOT RESPONSIBLE FOR THE CLIENT’S FAILURE TO LAWFULLY EXECUTE THE PREMARITAL AGREEMENT PREPARED OR REVIEWED BY THIS LAW FIRM. You understand and agree that you are responsible for all costs incurred by the Firm in connection with the Legal Services. Prenup Pros will bill you for such costs by invoice, and you agree to pay the same upon receipt of any invoice. You acknowledge that Flat Fees quoted by the Firm may (but may not) include costs to be incurred in connection with the engagement, and anticipated costs might also be taken into account by the Firm when determining any advance retainer payment.
The Firm reserves the right to assess interest on any outstanding balance not paid within 20 days of delivery (by e-mail or regular mail) at the higher of the rate of 10% per month, compounded monthly, or the highest amount allowed by applicable law. In the event that the Client chooses to pay any Flat Fee, Hourly-based, or other retainer by Paypal or any other third-party intermediary, then Client understands and agrees that the Client is responsible to pay for the associated merchant fees (e.g. wire costs, settlement fees and charges, collectively referred to as “ Fees”), and therefore those fees will be deducted (immediately) from the total amount of funds received and held by Prenup Pros in trust.
Prenup Pros may terminate this Agreement for any reason at any time upon notice to you (including e-mail), subject to its ethical obligations and responsibilities. Likewise, you may terminate this Agreement at any time upon written notice to the Firm’s Manager; provided, however, you shall remain responsible for all fees and costs owed prior to the termination of this Agreement by either party. Prenup Pros has made no representations, promises, warranties or guarantees to you, expressed or implied, regarding the use or outcome of any business transaction, dispute or otherwise, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.
You agree that if any disputes arise out of or relate to this Agreement, the Firm, our relationship, or the services performed (including but not limited to disputes regarding fees, costs, claims of negligence, breach of contract or fiduciary duty, fraud and/or any claim based upon a statute), then to the greatest extent allowed by law such conflict shall be resolved in Loudoun County, Virginia, with each party waiving their right to demand a trial by jury. In the event the Firm must enforce its rights under this Agreement, whether through collection efforts (demand notices, reminders, etc.), litigation or otherwise, you agree to pay the Firm for its time and expense incurred in such collection efforts at the rate of $425/hour, upon demand by the Firm in addition to all other amounts owed to the Firm. In the event the Firm successfully enforces its rights under this Agreement in court, you agree that the Firm shall be entitled to an award of its reasonable attorneys’ fees and costs of collection/litigation, at the rate of $425/hour (even if the Firm enforces this Agreement itself). Client acknowledges and agrees that in no event shall the Firm’s liability for any losses incurred by the Client in connection with this Agreement or the Legal Services provided hereunder exceed the amount paid by the Client to the Firm for such Legal Services, to the maximum extent permitted by applicable laws, rules and regulations.
You agree and affirm that (a) all information provided to Prenup Pros by the Client is (and shall be) accurate and that the Firm is entitled to rely on such information, (b) Prenup Pros will not provide any tax advice unless specifically labeled as such in writing, and (c) should any fees, costs, losses or damages (“losses”) be incurred by the Firm for any reason in connection with the services provided hereunder, the Client will indemnify, defend and hold the Firm harmless from and against any such losses.
The Client further understands and agrees that the Firm may refer the Client to outside counsel or contract attorneys to perform services under a separate engagement that will not be covered by the terms of this Agreement. The Firm has several “of counsel”, “Senior Counsel” or “Co-counsel” relationships with other attorneys and/or law firms, and may refer the Client to those parties to assist in the provision of services to the Client; provided, however, that the decision whether or not to use or engage any attorney who is “of counsel”, “Senior Counsel” or “Co-Counsel” to the Firm rests solely with the Client, and Client shall engage such other counsel by separate agreement (i.e. the terms of this Agreement will not apply or govern that separate engagement and Prenup Pros has no liability for any legal services performed for the Client by any attorney who happens to be “of counsel”, “Senior Counsel” or “Co-Counsel” to the Firm. The Client consents to the Firm sharing information with its affiliated lawyers/law firms with which the Firm has written Co-counsel Agreements in place, but who are not owners or employees of the Firm. Please contact Prenup Pros immediately if you have any concerns about its use of such outside counsel.
The Client accepts all risks associated with the parties’ transmission and exchange of confidential or sensitive information via electronic means (e.g. e-mail, telephone, fax, etc.) and waives any liability of Prenup Pros for any such transmission or response by Prenup Pros to any such transmission. This Agreement may not be modified, supplanted or supplemented by any oral agreement or understanding, and any changes to the terms hereof must be acknowledged in writing by the Firm. You agree and understand that by signing this Agreement in an electronic format, including by typing your name in an e-mail and/or clicking to agree and submitting this form, that (a) such action constitutes an electronic signature governed by The Electronic Signatures in Global and National Commerce Act, and VA Code §§59.1-467-469, (b) any such signature shall bind you as if such signature were made on paper in your own handwriting, and (c) you consent to these terms and agree that these arrangements are fair and reasonable, and that you are entering into this Agreement voluntarily and with a full understanding of its terms. By hitting the green SEND button above, the Client named above agrees to be bound to these Terms of Service.