Terms of Use, Attorney-Client Engagement Notice, and Statement of Client’s Rights and Responsibilities
Access and use of great-contracts.com (the “Website”) is subject to the following Terms of Use (the “Terms”).
Privacy
GreatContracts respects your privacy and will never sell or give away your personal information to any third party, nor will we send you unsolicited emails.
GreatContracts does not collect personal information unless the User submits that information to GreatContracts through the Website. Categories of personal information GreatContracts may collect includes:
--Identity Data, such as name and organizational affiliation;
--Contact Data, such as mailing address, email address, and telephone number.
GreatContracts may also collect other types of information that may be considered “personal data” in some jurisdictions, including the European Union (“EU”), such as:
--Financial and Transaction Data, such as credit card, debit card, or other payment details;
--Technical Data, such as internet protocol address, location data, your login data, and device and browser information;
--Profile Data, such as username and password;
--Usage Data, such as information about how the User uses the Website;
--Marketing and Communications Data, which includes User preferences in receiving communications and marketing information from GreatContracts.
Additional EU Privacy Disclosures
GreatContracts’ Role as Data Controller and Data Processor
GreatContracts acts as the data controller of User information submitted through the Website. If you are situated in the EU and have any complaints regarding GreatContracts’ privacy practices as data controller, the User has the right to make a complaint at any time to the User’s local Supervisory Authority. However, if given the opportunity, GreatContracts is committed to timely and thoroughly addressing User concerns prior to the User submitting a complaint to the local Supervisory Authority. Users may submit complaints to GreatContracts by emailing info@great-contracts.com.
Provision of Personal Data and Failure to Provide Personal Data
If GreatContracts is required to collect personal data by law, or under the Terms as a condition for the User to access the Website, and the User fails to provide that data when requested, then GreatContracts will be unable to permit access to the Website.
Legal Basis for Processing of User Personal Data
GreatContracts will rely on the following legal bases for processing User personal data:
--“Legitimate interest” means the interest of GreatContracts in conducting and managing its business to enable GreatContracts to give the User a secure and high quality experience. GreatContracts carefully considers any potential positive or negative impact on the User before processing User personal data for GreatContracts’ legitimate interests.
--“Performance of Contract” means processing User data if necessary for the performance of a contract to which GreatContracts is a party.
--“Comply with a legal obligation” means processing User personal data if necessary for compliance with a legal obligation incurred by GreatContracts.
Change of Purpose
GreatContracts will only use User personal data for the purposes for which it was collected. If GreatContracts needs to use User personal data for other than the purpose for which it was collected, GreatContracts will notify the User to request their express permission.
Withdrawing Consent
If GreatContracts is relying on User consent to process their personal data, the User has the right to withdraw their consent at any time. The User has the right to withdraw their consent at any time by emailing info@great-contracts.com.
User of Personal Data for Marketing Purposes and Opting Out
GreatContracts strives to provide the User with choices regarding use of User personal data, particularly for marketing and communications. GreatContracts will never sell or give away your personal information to any third party, nor will we send you unsolicited emails. You may unsubscribe from emails at any time. To opt-out or unsubscribe from emails from GreatContracts, the User should send an unsubscribe request by emailing info@great-contracts.com. GreatContracts will process the request within a reasonable time after receipt.
Rights of EU Data Subjects
Under certain circumstances, the User has rights under data protection laws in relation to their personal data. Users have the right to:
--Request access to their personal data. This enables the User to receive a copy of the personal data GreatContracts holds about them and to check that GreatContracts is lawfully processing the data.
--Request correction of their personal data that GreatContracts holds. This enables the User to have corrected any incomplete or inaccurate data GreatContracts holds about the User.
--Request erasure of personal data. This enables the User to ask GreatContracts to delete or remove their personal data.
--Object to processing of personal data. This enables the User to object to processing of their personal data when GreatContracts is relying on a legitimate interest because the User feels processing of their personal data impacts their fundamental rights and freedoms.
--Request restriction of processing of personal data. This enables the User to ask GreatContracts to suspend the processing of the User’s personal data for the following reasons: 1) If the User wants to establish the data’s accuracy; 2) If GreatContracts’ use of the data is unlawful but the User does not want GreatContracts to erase the data; or 3) If the User needs GreatContracts to hold the data even if GreatContracts no longer requires the data because the User needs the data to establish, exercise, or defend legal claims.
--Request the transfer of personal data. We will provide the User, or a third party the User has chosen, their personal data in a structured, commonly used, machine-readable format.
--Withdraw consent at any time where GreatContracts is relying on consent to process the User’s personal data. Please note this request to withdraw consent will not affect the lawfulness of any data processing conducted prior to the User withdrawing their consent. If the User withdraws their consent, GreatContracts may not be able to provide certain products or services to the User.
The User will not be required to pay a fee to access their personal data or to exercise any of the rights listed above. However, GreatContracts may need to request specific information from the User to confirm their identity and ensure their right to access their personal data or to exercise any of the rights listed above.
Patents, Copyright and Trademarks
The technology and content provided on the Website are owned by GreatContracts and protected by the United States and international intellectual property laws. GreatContracts retains all proprietary rights to that content and technology. The trademarks, service marks, trade names, and logos appearing on the Website are trademarks of GreatContracts. Unless otherwise permitted under these Terms, no part of the Website may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without GreatContracts’ prior written consent.
License
By offering the Website for use, GreatContracts provides the User with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use the information and services on the Website, strictly subject to and in accordance with these Terms. GreatContracts reserves the right to terminate this license at any time and for any reason. The User’s failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and the User must immediately destroy all copies of downloaded materials in their possession and control. Except for the limited license set forth in these Terms, GreatContracts does not grant the User any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Usage Restrictions
By accessing, browsing, or using this website, the User agrees to the following restrictions:
--The User will not use, intentionally or unintentionally any of the content, information, or services on the Website in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law;
--The User will not interfere with any other party’s use and enjoyment of the Website, or of any of the content, information, or services provided on the Website;
--The User will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this Website, or any portion thereof without GreatContracts’ prior written consent, except that the User may reproduce limited content from this site describing GreatContracts’ products and services solely to educate users or potential users about GreatContracts’ products and services;
--The User will not use any framing techniques to enclose any portion of the Website (including, but not limited to, images, text, page layout, and form) without GreatContracts’ prior written consent;
--The User will not make any use of the trademarks, service marks, trade names, logos, and graphics on the Website without GreatContracts’ prior written consent;
--The User will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users; and
--The User will not use any robot, spider, other automatica software or device, or manual process to monitor or copy the Website or the content, information, or services on the Website without GreatContracts’ prior written consent.
Attorney-Client Relationship
NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED MERELY BY USING THE WEBSITE. AN ATTORNEY-CLIENT RELATIONSHIP IS FORMED ONLY WHEN A USER PURCHASES CONTRACT DRAFTING SERVICES THROUGH THE E-STORE.
This Section is prepared in accordance with Part 1215 of the Joint Rules of the New York State Appellate Division. Upon Client’s review of the Statement of Client’s Rights and the Statement of Client’s Responsibilities, GreatContracts has undertaken Client’s representation in connection with contract drafting services Client purchased through the Website in accordance with the course of conduct described in this Section.
Scope of Representation
CLIENT ACKNOWLEDGES AND CONSENTS TO REPRESENTATION BY AN ATTORNEY LICENSED IN THE STATE OF NEW YORK. SUCH ATTORNEY-CLIENT RELATIONSHIP IS LIMITED IN SCOPE AND COVERS ONLY THE CONTRACT WHICH THE USER PURCHASES AND SUCH REPRESENTATION SHALL BE LIMITED TO:
--PREPARING A FIRST DRAFT OF THE CONTRACT,
--REVIEWING THE CLIENT’S WRITTEN COMMENTS, AND,
--IN RESPONSE TO THOSE COMMENTS, PREPARING A FINAL DRAFT OF THE CONTRACT FOR EXECUTION.
FURTHER ENGAGEMENT WILL REQUIRE PURCHASE OF ADDITIONAL SERVICES. GIVEN THE LIMITED NATURE OF THE ENGAGEMENT AS DESCRIBED, IF THE CLIENT REQUIRES MORE COMPLEX LEGAL SERVICES IT IS RECOMMENDED THAT CLIENT CONSULT ANOTHER ATTORNEY.
FEES, EXPENSES, AND BILLING PRACTICES
The Client shall be charged a fixed fee from $199 to $399 depending on the type of contract purchased through the e-store, which shall include preparation of a first draft, receipt of written comments by the Client, and preparing a final draft. No additional expenses shall be charged to the Client without their express, written consent.
DOCUMENTS AND RECORDS MANAGEMENT
GreatContracts will retain all records related to this matter for a period of seven years. GreatContracts will destroy the files after that period of time unless at this time the Client instruct me in writing to retain these records for a longer period.
WHEN A USER PURCHASES CONTRACT DRAFTING SERVICES THROUGH THE E-STORE, SUCH USER BECOMES A CLIENT OF GREATCONTRACTS AND BY PURCHASING SUCH CONTRACT DRAFTING SERVICES THE CLIENT ACKNOWLEDGES THAT THEY HAVE READ THIS SECTION ON ATTORNEY-CLIENT RELATIONSHIPS AND CONSENTS TO IT. THE CLIENT FURTHER ACKNOWLEDGES THAT THEY HAVE GRANTED AND GIVEN THEIR INFORMED CONSENT AFTER CAREFULLY REVIEWING THIS SECTION’S PROPOSED COURSE OF CONDUCT AND THAT THESE TERMS, THIS SECTION, AND ALL WEBSITE CONSENT AND COMMUNICATION WITH GREATCONTRACTS PROVIDES THE CLIENT WITH ADEQUATE INFORMATION AND THAT THE CLIENT HAS BEEN EXPLAINED ALL MATERIAL RISKS AND REASONABLE ALTERNATIVES TO THE PROPOSED COURSE OF CONDUCT.
Statement of Client’s Responsibilities
“Lawyer” or “Attorney” as used in these Terms means the lawyer or attorney assigned to a Client’s matter by GreatContracts.
The Client is expected to treat the Lawyer and the Lawyer’s staff with courtesy and consideration.
The Client’s relationship with the Lawyer should be one of complete candor and the Client should apprise the Lawyer of all facts or circumstances of the matter being handled by the Lawyer even if the Client believes that those facts may be detrimental to the Client’s cause or unflattering to the Client.
The Client must honor the fee arrangement as agreed to with the Lawyer to the extent required by law.
All bills tendered to the Client for services rendered pursuant to the agreed upon arrangement regarding fees and expenses should be paid when due.
A Client who discharges the Attorney and terminates the attorney-client relationship must nevertheless honor financial commitments under the agreed to arrangement regarding fees and expenses to the extent required by law.
Although the Client should expect that his or her letters, telephone calls, emails, faxes, and other communications to the Lawyer will be answered within a reasonable time, the Client should recognize that the Lawyer has other clients who may be equally deserving of the Lawyer’s time and attention.
The Client should maintain contact with the Lawyer, promptly notify the Lawyer of any change in telephone number, address, email, or other electronic contact information, and respond promptly to a request by the Lawyer for information and cooperation.
The Client must realize that the Lawyer is required to respect only legitimate objectives of the Client and that the Lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of Professional Conduct.
The Lawyer may decline to accept a matter if the Lawyer has previous personal or professional commitments that will prohibit the Lawyer from devoting adequate time to representing the Client competently and diligently.
A Lawyer is under no obligation to accept a Client if the Lawyer determines that the cause of the Client is without merit, a conflict of interest would exist or a suitable working relationship with the Client is not likely.
Statement of Client’s Rights
Section 1210.1 of the Joint Rules of the Appellate Division amended April 15, 2013
(22 NYCRR §1210.1)
“You” or “Your” in this section refers to the Client of GreatContracts.
You are entitled to be treated with courtesy and consideration at all times by Your Lawyer and the other lawyers and nonlawyer personnel in Your lawyer’s office.
You are entitled to have Your Attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If You are not satisfied with how Your matter is being handled, You have the right to discharge Your Attorney and terminate the attorney‐client relationship at any time. (Court approval may be required in some matters, and your Attorney may have a claim against You for the value of services rendered to You up to the point of discharge.)
You are entitled to Your Lawyer's independent professional judgment and undivided loyalty
uncompromised by conflicts of interest.
You are entitled to be charged reasonable fees and expenses and to have Your Lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from Your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that You find unsatisfactory. In the event of a fee dispute, You may have the right to seek arbitration; Your attorney will provide You with the necessary information regarding arbitration in the event of a fee dispute, or upon Your request.
You are entitled to have Your questions and concerns addressed promptly and to receive a prompt reply to Your letters, telephone calls, emails, faxes, and other communications.
You are entitled to be kept reasonably informed as to the status of Your matter and are entitled to have Your attorney promptly comply with Your reasonable requests for information, including Your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow You to participate meaningfully in the development of Your matter and make informed decisions regarding the representation.
You are entitled to have Your legitimate objectives respected by Your Attorney. In particular, the decision of whether to settle Your matter is Yours and not Your Lawyer’s. (Court approval of a settlement is required in some matters.)
You have the right to privacy in Your communications with Your lawyer and to have Your confidential information preserved by Your lawyer to the extent required by law.
You are entitled to have Your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.
You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
Termination
The User acknowledges and agrees that GreatContracts, in its sole discretion, may terminate the User’s website access if their conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. GreatContracts shall not be liable to the User or any third party for termination of Website access.
Governing Law and Jurisdiction
The Terms are governed by and construed in accordance with the laws of the District of Columbia, and any action arising out of, or relating to, these Terms shall be filed only in state or federal courts located in the District of Columbia. The User hereby consents and submits to the personal jurisdiction of state or federal courts located in the District of Columbia for the purpose of litigating any action arising out of, or relating to, these Terms.
In the event that a dispute arises between a Client and GreatContracts relating to fees, Client may have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, a copy of which will be provided to Client upon request.
Severability of Provisions
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.