TERMS & CONDITIONS
Landau, Hess, Simon & Choi (“LHSC”) thanks you for the chance to serve as your immigration law representative and/or to allow you to access the LHSC website (LHSCimmigration.com) under the terms and conditions of these LHSC Terms of Service (the “Terms of Service” or “Agreement”).
These Terms of Service apply to any services rendered and/or information delivered through the firm and associated websites, including LHSCimmigration.com, Law Logix, Bill.com, etc. (collectively, the “LHSC Services”).
You should closely read this entire Agreement before using the LHSC website or LHSC Services. Your use of the LHSC website and LHSC Services, your creation of a LHSC account via LHSC’s portals with Law Logix and Bill.com, (your “LHSC Accounts”), and/or your use of any LHSC Services or products will constitute your consent and agreement to be bound by all terms and conditions of this Agreement. If you fail or refuse to agree with any terms and conditions in this Agreement, we will be unable to provide any Services to you.
Acceptance of Agreement
By using the Services described in this Agreement, by creating a LHSC account or by using the LHSC website or LHSC Services, you agree to be bound by all the terms and conditions of this Agreement.
LHSC may amend this Agreement for any reason and at any time, but will provide notice of any such amendment at www.LHSCimmigration.com/terms. Your use of LHSC Services after the effective date of any amendment will act as your consent to be bound by the amended Agreement. By using LHSC Services, you agree to review this Agreement periodically and to be bound by any amendments to it.
Your use of LHSC Services may result in the incurrence of LHSC Fees and Disbursements of government fees or other expenses made on your behalf. You are responsible for paying to LHSC all fees for Services and for reimbursing LHSC for any and all Disbursements.
Any amounts not paid within fifteen (15) days after the due date may be charged interest at a rate equal to the lower of (a) eighteen percent (18%) per annum or (b) the highest rate per annum allowed by applicable law. LHSC Fees are those fees imposed by LHSC for LHSC Services. Disbursements include, without limitation, USCIS filing fees, administrative fees, and any other third party fees and any other expenses incurred on your behalf by LHSC. Disbursements paid by credit card are assessed a 2.6% convenience fee for processing and collecting these Disbursements in accordance with applicable law. This fee will not apply to LHSC Fees. Customers can choose to pay via ACH or eCheck to avoid this fee.
As directed, LHSC will charge your credit card, debit card, or financial institution account (via an automated clearing house (“ACH”) transaction), for all amounts owed to LHSC with respect to Services and Disbursements you ordered via your LHSC Account or otherwise. When you provide a Payment Method to LHSC, you confirm that you are permitted to use that Payment Method. You also authorize LHSC to collect and store the related payment card or financial institution account number(s) or other information, along with other related transaction information (collectively, “Payment Information”).
(a) Authorization to Pay by Credit or Debit Card. If the Payment Method you choose is to pay by credit or debit card, we may obtain pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at an agreed-upon schedule (e.g. once per month) or upon incurring an expense in the amounts owed to LHSC as indicated on the corresponding LHSC invoices. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. The Administrator (as defined below) may be able to change or update the card information (“Card Information”), including the card number, name on the card, expiration date, and the card verification value (CVV) code, assigned to your LHSC account at a later time or times, and in a manner that LHSC requires in its sole discretion.
(b) Authorization to Pay by ACH. If the Payment Method you choose is to pay by ACH (“ACH Payment Service”), you hereby authorize LHSC to electronically debit or credit, via an ACH transaction, the bank deposit account you designate from time to time (“Bank Account”). By choosing this Payment Method, the 2.6% convenience fee associated with disbursements will be waived. The following terms and conditions apply to the ACH Payment Service:
1. Authorization to Debit and Credit Bank Account
Upon mutual agreement, LHSC would be authorized to initiate: (a) recurring automatic ACH debits to your Bank Account in the amounts owed to LHSC as indicated on the corresponding LHSC invoices; and (b) ACH credits to your Bank Account to correct any erroneous debits or provide a refund, as approved by LHSC in its sole discretion. Your Authorization also includes permission to collect the following, whether provided as part of the ACH enrollment or when you enrolled in LHSC’s Services generally: (i) your name; (ii) your current mailing address and Bank Account Information (as described in Paragraph 3. below); (iii) your Internet Protocol (IP) address; and (iv) the means used by LHSC to authenticate the person providing the Authorization on your behalf as described in the Sections below titled “Administrators and Sub-users” and “Credentials and Authorizing Transactions”. With respect to each ACH transaction you authorize, you agree to be bound by the “National Automated Clearing House Association Operating Rules and Guidelines” (“NACHA Rules”), as may be amended from time to time.
2. Amounts of Debits to Bank Account
You acknowledge that the amounts of the automatic ACH debits to your Bank Account may vary depending on the invoice amounts.
3. Bank Account Information
In accordance with procedures established by LHSC, you agree to provide to LHSC the necessary information pertaining to your Bank Account in order to debit or credit your Bank Account via an ACH transaction, including (but not limited to) the name of your financial institution, the financial institution’s routing number, the name(s) of the owner(s) of your checking account designated as the Bank Account, and the account number of the Bank Account (collectively “Bank Account Information”). The Administrator (as defined below) may be able to change or update the Bank Account Information at a later time and in a manner that LHSC requires in its sole discretion.
4. Revoking your authorization
This Authorization will remain in full force and effect until you notify LHSC in writing that you wish to revoke this Authorization. LHSC requires at least 10 business days’ prior written notice in order to revoke (cancel) this Authorization. Revocation will not affect LHSC’s right to initiate ACH credits to your Bank Account in order to correct or adjust any debits that were processed before your revocation became effective.
5. Return of ACH Entries
If an ACH payment is returned from your Bank Account for insufficient or uncollected funds or for erroneous information, LHSC may reinitiate the returned ACH debit to your Bank Account within one to five days after the initiation of the first ACH debit. You agree to pay LHSC a returned payment fee of $25 that may be charged by LHSC, for each returned ACH debit from your Bank Account. Any amounts owed to LHSC that cannot be collected by an ACH debit will be charged to the backup credit card on file with LHSC as described below.
6. Filing Claims for Alleged Errors
If you believe an ACH debit initiated by LHSC occurred in error, there was an error in the amount of a debit, or any other error, you must immediately notify LHSC personnel working on your in writing, giving LHSC all information you have about the alleged error, and taking any other action(s) as reasonably required by LHSC. You have sixty (60) days after the date of the posting of the ACH debit in question to file a claim. If you file a claim with LHSC after more than sixty (60) days, LHSC will have no obligation to investigate the claim and you will have no right to recover any funds you may have lost as a result of the alleged error. If an error occurs with regard to an ACH credit, LHSC may take any action permitted by law and the NACHA Rules to recover the funds from your Bank Account.
7. Representations and Warranties
You represent and warrant to LHSC that: (i) you own the Bank Account; (ii) you have authority on behalf of any other owner(s) of the Bank Account to authorize LHSC to debit the Bank Account as agreed in these Terms of Service; and (iii) all ACH transactions you authorize comply with all applicable laws and the NACHA Rules, as may be amended from time to time.
Payment for Services rendered by LHSC is non-refundable. Because all transactions are conducted electronically, you agree that the physical credit card need not be present with LHSC in order for the charge to the card to be valid, and you agree not to dispute the validity of any such charge on that basis. Returned payments including but not limited to returned checks, ACH, eCheck, and credit card chargebacks may incur returned payment fees of up to $25.00 per retuned payment.
You are liable for payment of all invoices. Should any invoice become delinquent and LHSC has to initiate a collections effort, all reasonable collection costs and/or legal fees will be added to the balance due.
LHSC’s Right to Refuse or Delay Services and Other Requests
LHSC may delay or refuse to process any request for a Service or to make a payment via a Payment Method or any other type of request (collectively, “Requests”), including, without limitation, requests to change or update Card Information or Bank Account Information or to authorize payment via a Payment Method, without prior notice to you if LHSC: (i) is unable to confirm to its satisfaction the person’s identity or his or her authority to make the Request; (ii) believes in its sole discretion that it is prudent for security reasons to take additional measures to verify the authority and/or identity of the person who initiated the Request; (iii) has a suspicion that the transaction may be in violation of applicable law, or the transaction is otherwise under review by LHSC; or (iv) determines that you are delinquent in payment of fees due LHSC. You agree to immediately provide to LHSC any additional information it requests in relation to this Section titled “LHSC’s Right to Refuse or Delay Services and Other Requests”, and agree to any additional methods of verification (as determined in LHSC’s sole discretion) to verify any person’s authority or identity or to verify the authenticity of a Request.
LHSC’s ability to provide the Services and Payment Methods may be dependent upon LHSC’s ability to obtain access to third party vendors, websites and networks (collectively “third party services”). In the event any third party service is unavailable or delayed for any reason, or LHSC determines in its discretion that LHSC cannot continue utilizing a third party service, LHSC may discontinue the Services or any Payment Method, delay your access to the Services or any Payment Method, and/or delay acting on any Request.
Without limiting the foregoing, LHSC is not responsible for any inconvenience, loss or damage you may incur as a result of any discontinuation of or delay in your access to any Service or ability to make a payment to LHSC via a Payment Method, or delay of any Request.
Administrators and Sub-users
The person that initially creates your LHSC Account will be identified as the administrator (“Administrator”) for your management and use of your LHSC Account. The Administrator will be required to establish a username and password, and such other security devices as LHSC may reasonably establish from time to time, (collectively, “Credentials”) upon creating a LHSC Account. The identity of the Administrator may be changed from time to time in a manner that LHSC requires in its sole discretion. You agree that the Administrator shall have the authority, on your behalf, to: (i) create your LHSC Account; (ii) enroll you in Payment Methods and authorize payments via a designated Payment Method; (iii) initiate Services; (iv) update or change your Bank Account Information or Card Information; and (v) update your contact information (e.g., address, telephone number, etc.).
The Administrator may from time to time identify one or more sub-users via your LHSC Account (“Sub-users”) or in a manner that LHSC otherwise requires in its sole discretion. The Administrator may also remove or delete any Sub-user via your LHSC Account or in a manner that LHSC requires in its sole discretion. A Sub-user will be required to establish Credentials unique to the Sub-user. You agree that Sub-users are authorized to initiate Services and Disbursements on your behalf that result in payment(s) for Services via a Payment Method designated by the Administrator, but will not be able to: (i) enroll you in a Payment Method; (ii) update or change your Bank Account Information or Card Information; or (iii) update your contact information (e.g., address, telephone number, etc.).
LHSC may suspend the Administrator’s or any Sub-users’ access to your LHSC Account if LHSC, in its sole discretion, reasonably believes the LHSC Account is being used or accessed in an unauthorized, illegal, or disruptive manner. You agree that the Administrator and Sub-users may use the Payment Methods, your LHSC Account, and initiate any Service only: (i) for your own internal business purposes; and (ii) as authorized under, and in accordance with, these Terms of Service and your own internal policies. The Administrator and Sub-users will not initiate Services for or on behalf of any third party, or otherwise allow any third party to use your LHSC Account, without LHSC’s prior written consent.
You shall be responsible for any taxes which LHSC may be required to pay or collect under any applicable law in connection with the Services, and any such amounts paid by LHSC shall be charged to your account.
You agree to: (i) provide true, accurate, current, and complete information about yourself and/or your organization, as appropriate, as prompted by the LHSC registration form or any other form, including, but not limited to, your e-mail address for notices and any other communications; (ii) maintain and promptly update the foregoing to keep it true, accurate, current, and complete; and (iii) provide any other information that LHSC may request of you from time to time for purposes reasonably related to your use of the LHSC website or Services.
Modification of Terms
Features and new products may be added to or withdrawn from LHSC without notice. LHSC may at any time, at our sole discretion, update and revise this Agreement (including the types and amounts of Fees). LHSC will notify you of any material change(s) in this Agreement and or Fees by posting the proposed change(s) on the LHSC website. Any changes that LHSC makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement.
LHSC also reserves the right to modify or discontinue features and capabilities of the LHSC Services, without advance notice for normal maintenance and enhancements, and to modify or update the LHSC Services documentation located on the website. Fees pertaining to enhanced and/or new features will be effective immediately upon release of such features.
The continued use of LHSC Services by you or your agents, if applicable, after such notice will constitute acceptance of the change. If you object to such modifications, your sole recourse will be discontinuance of your use of LHSC Services.
Services Provided As Is – No Warranties
You agree that your use of LHSC Services, your LHSC Account, and information on the website is at your own and sole risk. All Services are provided on an “AS IS” and “AS AVAILABLE” basis. LHSC disclaims all warranties and duties of any kind, express, implied, or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence.
LHSC assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect thereof. LHSC does not guarantee continuous, uninterrupted, or secure access to LHSC Services or your LHSC Account or that defects in its website will be corrected.
LHSC reserves the right at any time and without prior notice to change the hours of operation to limit your access to LHSC in order to perform repairs, make modifications as a result of circumstances beyond the reasonable control of LHSC, and to add or withdraw information to or from the website and/or Services at any time. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data.
Without limiting the above, you agree that neither LHSC nor any of its partners, employees, independent contractors, attorneys, agents, affiliates, representatives, successors, and/or assigns (each a “LHSC Party”; collectively the “LHSC Parties”) makes any warranties or undertakes any duties regarding, without limitation, the following:
(i) infringement of title or quiet enjoyment;
(ii) functionality, including functionality of search or retrieval software;
(iii) content, format, accuracy, completeness, or completion of forms;
(iv) receipt (timely or otherwise), approval, and/or processing of documents by courts and/or any other government agencies;
(v) appropriateness or propriety of documents handled with respect to any Services;
(vi) timeliness of Services;
(vii) uninterrupted, secure, error or virus-free Services or storage;
(viii) adequacy of fees paid to courts and/or other government agencies;
(ix) any alteration or destruction of a document resulting from third parties’ unauthorized access to or use of LHSC’s website (e.g. computer hackers); and,
(x) any losses or damages or alteration of a document or information on any party’s computer system or elsewhere resulting from the transmission of computer “viruses” or other damaging or destructive software or software components by or through LHSC.
LHSC reserves the right to terminate your use of the LHSC website and Services at any time for any reason or no reason at all.
You agree to respect the intellectual property rights of LHSC and of others. Intellectual property laws protect some of the Services, including, but not limited to, our underlying technology and software. LHSC reserves all rights not expressly granted in this Agreement. You agree not to reverse engineer, reverse assemble, or otherwise attempt to discover any source code from the LHSC website or to use any network monitoring or discovery software to determine the site architecture or extract information about usage, individual identities or users. You agree not to duplicate (other than for your records), modify, sell, distribute, or create derivative works based on any part of the LHSC Services, and you agree not to attempt to transfer any of your rights under this Agreement. You also agree not to access the Services by any means other than through the interface that is provided by LHSC on the website. LHSC has the right to monitor your use of the LHSC website to assure compliance with these Terms of Service.
If you believe that materials that have been posted on the LHSC website have copied your work in a way that constitutes copyright infringement, please provide LHSC the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where (by URL and physical description) the material that you claim is infringing is located on the Website.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon our receipt of a takedown notice materially complying with all of these requirements, LHSC will remove, or cause to be removed, the identified materials. The individual that had posted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.
Notices to LHSC regarding any alleged copyright infringement should be directed to: bherman@LHSCimmigration.com
Third Party Rights
The provisions in this Agreement are for the sole benefit of you, the LHSC Parties, and the assigns of LHSC and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
You may not assign any of your rights or delegate any of your duties under this Agreement without the prior written consent of LHSC. LHSC may assign any of its rights or delegate any of its duties hereunder to any party whatsoever.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provision shall not affect the enforceability of any other provision of this Agreement.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in any other instance.
Miscellaneous; Entire Agreement
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement. You agree to comply with all city, county, state, and federal laws and ordinances relating to the LHSC Services.
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