Filevine User Licenses:
- Subscriber may add Filevine Licenses during the Term at the same price listed on the Sales Order. Once the number of Filevine Licenses has increased, Subscriber shall maintain that number of Filevine Licenses throughout the duration of the Term.
- Subscriber is solely responsible for ensuring that all fax features are used in accordance with all federal, state and local laws.
- Subscriber understands and acknowledges that it is prohibited from using the Fax service to transmit any material that (a) infringes the intellectual property rights or rights of any third parties; (b) facilitates or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech acts to any person or entity; or (c) is offensive, inappropriate, obscene, illegal or otherwise objectionable to a person or entity.
- In the event Subscriber exceeds its contracted page limit per year, overage fees may apply.
- Filevine has created the following standard Periscope Data Sets (hereinafter referred to as “Standard Periscope Data Sets”):
- Case Management Data Set;
- Intake Data Set;
- Settlement Data Set;
- Projected Settlement Data Set;
- Cycle Time Reports Data Set;
- User Action Reports Data Set;
- Task Reports Data Set;
- Other labeled “Medical Chronology” Data Set; and
- any future data set created and deemed standard by Filevine.
- The Standard Periscope Data Sets include pre-selected Filevine data fields for standard reporting information. Requests by Subscriber for the addition of Filevine data fields, other than pre-selected data fields, may be considered custom and may result in additional scoping by Filevine. Filevine, in its sole and absolute discretion, shall deem when additional scoping is required, and which data fields are custom. Any additional scoping work completed or custom data fields created by Filevine may result in additional fees to Subscriber.
- The Standard Periscope Data Sets are sold to Subscriber on an individual subscription basis only; however, Subscriber has the option to purchase as many individual subscriptions as desired.
- The selection of any Standard Periscope Data Set(s) by Subscriber becomes permanent upon execution of the Sales Order by Subscriber for the duration of the Initial Term, and any applicable Renewal Term of the Sales Order, except, as prescribed, when Subscriber is within its right to cancel, pursuant to Section 3.2 of the Sales Order.
- Subscriber will not be permitted to substitute, trade, replace, swap, alternate, change, or switch any permanent Standard Periscope Data Set(s) during Subscriber’s Initial Term, and any applicable Renewal Term of the Sales Order, except, as prescribed, when Subscriber is within its right to cancel, pursuant to Section 3.2 of the Sales Order.
- Services Generally: The Ringbird Service serves as an answering service and perform legal intakes on behalf of Subscriber through a combination of telephonic and online chat correspondence. Subscriber acknowledges and agrees that all time a Ringbird Intake Specialist spends corresponding with Subscriber’s client or potential client will count toward Subscriber’s monthly minute total, whether such correspondence took place via phone or online chat.
- Renewal: After the Initial Term, Subscriber’s Ringbird subscription shall automatically renew month to month, provided that either party may terminate the Ringbird Service upon thirty (30) days’ prior written notice to the other party.
- Payment: Ringbird Onboarding fees shall be due upon signing the applicable Sales Order. Payment is due within thirty (30) days of the invoice date. Upon termination of the Ringbird service, Subscriber will be invoiced for any minutes accrued during the period between cancellation and the next billing cycle.
- Ringbird Onboarding: The Ringbird Onboarding fees cover the following services: (i) a “Welcome Call” with the Ringbird Team to address initial questions; (ii) an “Onboarding Call” with the Ringbird team to review Subscriber’s basic information, intake and reception processes, appointment setting processes, and lead follow-up processes; (iii) process build-out and training in the Ringbird application; and (iv) test call with Subscriber to ensure processes and notifications are functioning appropriately.
- Overages: If minutes used in a given month exceed the quantity listed on the applicable Sales Order, Subscriber has the option to either: (a) upgrade its monthly plan at the same per minute fee contained in the applicable Sales Order; or (ii) keep its contracted monthly plan and pay an overage charge of $0.138 per minute over its contracted minute allocation. In the event Subscriber chooses to upgrade its monthly plan, Subscriber shall not downgrade its monthly plan for a period of ninety (90) days.
- Changing Plans: Subscriber may upgrade its monthly plan at any time. Subscriber may only downgrade its monthly plan after it has been on said monthly plan for a period of no less than ninety (90) days. The new plan will take effect at the commencement of the next billing cycle.
- Subscriber may add Lead Docket Licenses during the Term at the same price listed on the Sales Order. Once the number of Lead Docket Licenses has increased, Subscriber shall maintain that number of Lead Docket Licenses throughout the duration of the Term.
- Should Subscriber desire to use texting/tracking phone numbers in connection with its Lead Docket Licenses, Subscriber agrees to pay a $20.00 per month access fee (the “Access Fee”) for each phone number. The Access Fee includes up to 1000 text messages and up to 300 minutes of voice. Additional text will be invoiced at a rate $0.01 per text and additional voice minutes at a rate of $0.05 per minute in accordance with Section 5.3.1 of the Sales Order.
- Enterprise Automation includes one (1) connection to a system through and API Key and Secret (a “Connection”) in the Filevine Integration Platform. In the event Subscriber access to the Filevine Integration Platform is required for Connection error handling or Connection adjustments, Subscriber acknowledges and agrees that such access is granted for the limited scope of working with the existing Connection.
- In the event Subscriber adds additional Connections beyond the one (1) Connection identified in the applicable Sales Order, Subscriber will be charged per additional Connection.
- Subscriber understands and acknowledges that all Connections may be reviewed and audited by Filevine to ensure compliance with Filevine’s Use Restrictions and Security requirements, as specified in the Filevine Terms of Service.
- Filevine and Subscriber shall agree to an initial scope of the Armorvine Services. Such services shall be described in the applicable Sales Order and Statement of Work, which shall be signed by the parties.
- In the event additional Armorvine Services and/or changes to the scope of the Armorvine Services are necessary, Subscriber and Filevine shall enter into a Change Order, which shall be signed by the parties. Subscriber expressly understands and agrees that, depending on the scope of such changes, additional Service Fees may be incurred.
- Subscriber understands and acknowledges that it is entirely responsible for the proper data entry into the Timely Product.
- Timely will generate a list of deadline chains which can be added as “Reminders” in the Filevine System or as calendar reminders. Subscriber expressly understands and acknowledges that it is entirely responsible for configuring its own “Reminder” notifications within the Filevine System, or Subscriber’s reminder notifications within Subscriber’s electronic calendar.
- Subscriber understands and acknowledges that the use of the Timely Product is prohibited unless the user is: (a) a licensed attorney; or (b) under the direct supervision of a licensed attorney.
- Subscriber understands and acknowledges that: (a) the court rules and other laws underlying the Timely Product may change from time to time; and (b) that Subscriber’s use of the Timely Product is not intended, nor should it be considered to substitute for its compliance with professional duties or the use of professional judgment in reading and interpreting the court rules, which duties include an obligation on your part to do the following:
- Obtain a copy of the current applicable court rules for the applicable courts, and compare and evaluate the information retrieved by the use of the Timely Product, in light of information about, and interpretation of, those court rules; and then
- Obtain a copy of the holiday/court closure list for the applicable courts and apply the court rules obtained in accordance with Section 2(a) above in light of such holiday list and further test the accuracy of the information.
- Subscriber understands and acknowledges that any use of Timely, other than the use for planning deadlines in the course of providing legal services is strictly prohibited.
- SUBSCRIBER EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT FILEVINE PROVIDES THE TIMELY PRODUCT FOR THE CONVENIENCE OF THE SUBSCRIBER, AND IN NO EVENT SHALL FILEVINE BE LIABLE FOR ANY LOSSES OR EXPENSES INCURRED AS A RESULT OF SUBSCRIBER’S FAILURE TO COMPLY WITH PROFESSIONAL DUTIES OR FAILURE TO PROPERLY READ, REVIEW AND INTERPRET THE COURT RULES. SUBSCRIBER ACKNOWLEDGES THAT INTERVENING CIRCUMSTANCES MAY ARISE AFTER THE DATE THAT FILEVINE PROVIDES YOU ACCESS TO THE SERVICES THAT MAY CAUSE THE SERVICE TO CEASE BEING ACCURATE AND IN NO EVENT SHALL FILEVINE BE LIABLE FOR ANY LOSSES OR EXPENSES INCURRED AS A RESULT OF SUCH INTERVENING CIRCUMSTANCES.