CLIENT SERVICE AGREEMENT
SERVICE OVERVIEW
DESCRIPTION OF SERVICES. PROVIDER provides divorce document prep services, to include:
Intake of required information to fill out the documents
Preparation of the documents required, including VS-165, FM-DivA-100 Original Petition for Divorce, CB-CFFW-100 Statement of Inability to Afford Payment of Court Costs, FM-DivA-201 Final Decree of Divorce, FM-DivAD-103 Waiver of Service, FM-DivA-600 – Affidavit for Prove-Up, FM-DivA-Test Sample Testimony, Income Withholding Order, Form 1828A ROS
Arrangement of the final hearing
Service of Client’s spouse, if needed. Additional fee applies (see below)
Email support for the duration of the client engagement, as defined by the time from first payment to completion of the final hearing.
ADD-ON SERVICES. On occasion, there may be additional services that could be useful to Client in the process of their divorce. We offer the following services:
Service of spouse, fee of $145
Repeated service attempts are charged for, for example, when service is returned unexecuted due to address issues, respondent avoidance, or any other circumstances
Additional document preparation as needed for individual situations bills at $100/hr, typically ~1 hr per document. Estimate of preparation time for any additional documents will be provided before starting the document preparation for that particular document. Example cases for this include:
Delays caused by incomplete intake forms or missing information, which require additional follow-up, rework, or time spent revisiting the case file.
Re-drafting or correcting documents needed because new or updated information is provided after documents have been completed
Requests that go beyond the original scope of services, including additional court coordination, follow-ups, or special handling not included in the flat fee
Additional time required due to extended case complexity, unusual circumstances, or repeated follow-up beyond what is typical for a standard cases
DRO review process (randomly selected review process from the state)
Changes to the type of divorce after work has started (for example, switching from default to agreed, or making major changes to previously agreed terms), fee of $375
NO LEGAL ADVICE. Provider is not an attorney and cannot and will not provide legal advice during the process. Client acknowledges that they are not expecting legal advice from Provider and understand that any statements from Provider are not legal advice.
EXCLUSIONS. There are certain services the Provider does not provide as it relates to document preparation. These include:
Contested divorces, including cases where a spouse hires an attorney or files an Answer with the court.
Cases where the other spouse cannot be located or successfully served.
Service by publication or posting, or any alternative service methods.
Modifications of any kind, including changes to a Final Decree of Divorce, child support, custody, or any Suit Affecting the Family Relationship (SAFR).
CAUSES FOR DISCHARGE OF CASE. On occasion, there are circumstances that arise that mean that the Provider is no longer able to support Client. Those include:
The other party hires an attorney or files an Answer with the court.
The other party cannot be successfully served, despite reasonable attempts.
The client has been non-responsive for more than 60 days, including failure to respond to emails, calls, or requests for required information.
Payment is more than 60 days past due.
A breakdown in the working relationship, including unprofessional conduct or communication that makes it unreasonable for us to continue providing services.
Any situation in which we determine, in our professional judgment, that the business relationship is no longer workable or appropriate.
In the event a case is discharged, all work completed up to that point remains non-refundable.
MUTUAL CONFIDENTIALITY. The parties agree to hold each other's Confidential Information in strict confidence. Any information that is obtained regarding either party will not be released or revealed to any person without Both Party’s’ express written consent. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. This provision will continue to be effective after the termination of this Agreement.
RESPECTFUL COMMUNICATION AND NON-DISPARAGEMENT. Both parties agree to communicate efficiently, effectively, timely, and intentionally throughout this process. CLIENT shall not have any personal interaction or contact PROVIDER outside of the business relationship.
PAYMENT AND PAYMENT METHODS.
LATE PAYMENT. It is considered late payment after 5 days from the date of invoice. If a payment is missed, reminders will be sent to the CLIENT over a 2 week period. Should the CLIENT not pay the remaining total owed at the date of invoice or fail to pay within 2 weeks, CLIENT shall forfeit the amount paid and will not receive the final work product. If the balance remains unpaid, the CLIENT’s case will be cancelled. Should the CLIENT wish to reinstate following cancellation, a $75 restart fee will be charged in addition to any remaining payments owed on the CLIENT's plan. PROVIDER can contact CLIENT to pursue payment of what is owed and if CLIENT is unresponsive, legal action will be taken.
REFUNDS. All payments made by Client to Company under this Agreement are non-refundable. Client acknowledges and agrees that fees are earned upon receipt and are not subject to refund, credit, or offset for any reason, including but not limited to early termination of services, dissatisfaction, or non-use of services.
CANCEL AND NO SHOW POLICY. CLIENT shall provide at least twenty-four (24) hours advance notice to PROVIDER if it must cancel a meeting or appointment. If CLIENT cancels their appointment with PROVIDER on the same day, arrives more than 7 minutes late, or CLIENT is a no-show, PROVIDER will charge the missed appointment at a $100 cancellation fee.
CHARGEBACKS. Client further agrees not to initiate a chargeback without first following the dispute-resolution process outlined in this Agreement. If Client initiates a chargeback, all Services will be suspended immediately until the matter is resolved. Because the true cost of responding to a chargeback is difficult to calculate in advance, the Parties agree that liquidated damages equal to the chargeback amount plus a premium of 25% constitute a fair and reasonable estimate of these costs, including but not limited to internal labor, documentation, lost time, and service interruption. These damages are in addition to payment of the original invoice.
TERMINATION. Client may terminate at any time, in which case they forfeit any payment made and no further action will be taken by Provider on Client’s case.
CLIENT CONDUCT. PROVIDER reserves the right to terminate this Agreement and any Services, without refund, if CLIENT or Client representatives engages in statements or actions that constitute hate speech or disrespect towards Provider or any of Provider’s representatives.
MUTUAL NON-DISPARAGEMENT. Both Parties agree not to make, publish, or communicate any statements, reviews, or remarks that could reasonably be interpreted as defamatory, disparaging, or harmful to the reputation of the other Party, including its owners, employees, contractors, clients, affiliates, or business operations. This includes written, verbal, online, and social-media statements. Nothing in this section restricts either Party from making truthful statements when required by law, government request, or as part of a formal dispute-resolution process under this Agreement.
The Parties acknowledge that harm resulting from a breach of this Non-Disparagement clause is difficult to quantify, including reputational damage, loss of business opportunities, administrative time spent addressing the issue, and the cost of corrective actions. Accordingly, if either Party violates this section, the breaching Party agrees to pay liquidated damages of $1,000 per violation, which the Parties agree is a fair and reasonable estimate of the damages likely to be incurred.
LIABILITY LIMITATION. In no event shall either party or any of its representatives be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of, relating to, or in connection with any breach of this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not the party was advised of the possibility of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. In no event shall provider's aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts paid [and amounts accrued but not yet paid] to provider pursuant to this agreement in the 3-month period preceding the event giving rise to the claim.
RELEASE. CLIENT hereby releases, discharges and waives any and all responsibility of PROVIDER from and against any liability of injury and for damage to or loss of property which may be suffered by CLIENT or any third parties arising out of, or in any way connected with CLIENT’s participation in the Services. CLIENT acknowledges that they are not relying on any statements, promises, or expectations about results or outcomes other than what is expressly stated in this Agreement.
INDEMNITIES. CLIENT agrees to indemnify, save and hold PROVIDER harmless from and against all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of CLIENT’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances, CLIENT shall promptly notify PROVIDER in writing of any claim or suit. PROVIDER has sole control of the defense and all related settlement negotiations. PROVIDER shall provide CLIENT with commercially reasonable assistance, information and authority necessary to perform CLIENT’s obligations under this section. This subsection shall survive the termination or expiration of this Agreement.
FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, death or injury, acts of God, fire, pandemic (Covid-19), explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, public health emergencies, city/county/state/federal government orders (ie. stay at home directives), insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION METHOD. If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through communication and negotiation, the parties agree first to try in good faith to settle the dispute by mediation within 30 days of the raised issue before resorting to binding arbitration. Either Party must suggest three (3) neutral third parties mediators with documented experience mediating disputes for small businesses, and the other Party must select one (1) within 7 days. The same selection method shall apply to arbitration, or the parties may go to an independent arbitration organization and request appointment of an arbitrator at the organization’s discretion. In any dispute arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in a writing that is signed and dated by both parties.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Texas.
WAIVER OF CONTRACTUAL RIGHT . The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
I attest that I have read, understand, and agree to all terms and conditions herein.