Terms of Service
This contract sets forth the terms and agreements of the legal document preparation or mediation services that Perspektiv Legal Inc. dba Divorce 661 (also known as “us”, “we”, “our” or the “company”) makes available to its client(s) (also known as “you”, “your”) as defined herein. By purchasing any service described herein (legal document preparation, amendment of legal document(s), mediation), you agree to be bound by these terms.
This contract is between Perspektiv Legal Inc. dba Divorce 661, and the Client for the self-help services described herein. We are the “Legal Document Assistant” and you are the “Client.” As such we cannot engage in the practice of law. A Legal Document Assistant is an experienced professional who is authorized to prepare legal documents for a client(s), with the direction of the client(s). California law known as SB1418 authorizes non-lawyers to prepare legal documents for clients doing their own legal tasks. Effective January 1, 2000, these non-lawyers, called Legal Document Assistants, may:
• Distribute to their clients’ legal materials that have been published or approved by a lawyer
• Prepare the clients’ legal documents under the direction of their client(s)
• File the clients’ legal document(s) in the appropriate courts
I. Disclosure
Client is solely responsible to act upon any notices received by the court. All notices are sent directly to the client and are not part of the legal document assistant services to receive or act upon.
A Legal Document Assistant is not a lawyer. By law, we cannot give you legal advice, explanation, opinion, analysis or recommendation about possible legal rights, remedies, defenses, strategies, or options that you may have or represent you in the courts in any matter. We are not an attorney. We cannot perform the legal services that an attorney performs. We cannot engage in the practice of law. If you need to consult with an attorney, we may be able to provide you with a referral. We cannot give you legal advice, explanation, opinion, or recommendation regarding selection of forms. If the Client is unable to provide a selection of forms, we will provide a detailed list, approved by the courts, stating exactly what forms are needed.
Perspektiv Legal Inc. the corporate registrant entity doing business as (“dba”) Divorce 661 has met the registration requirements with the county clerk’s office to be a registered as a Legal Document Assistant, through higher education requirements, court experience, working under the supervision of an attorney, and continuing education requirements.
As required by law, we have filed a bond or made a cash deposit and have registered as a Legal Document Assistant in the county of our corporate headquarters.
You should read and understand this entire contract before you electronically execute it. You should understand the kinds of services that can and cannot be perform for you.
It is a violation of California law if we make any false or misleading statement to you. We cannot obtain special favors from, and we do not have any special influence with, any court or any state or federal agency. It is unlawful for us to make any guarantee or promise to you unless it is written in this contract and unless we have a factual basis for making the guarantee or promise.
As a mediator for mediation services we work with our client(s) to assist in resolving unresolved issues focused on specific areas to arrive at an agreement(s). Mediation services focus on such issues as Child Custody (Parenting Plans). Child & Spousal Support, and issues related to division of assets and debts to include Qualified Domestic Relations Orders. We currently do not offer pension valuations or business valuations and will refer you to specialists in this area as required. These third-party services would be at an additional cost.
II. Electronic Signatures
E-Sign. The Federal Electronic Signatures in Global and National Commerce Act (“E-Sign”, Pub.L. 106-229, 114 Statue 464, enacted June 30, 2000, 15 U.S.C.) allows for the electronic delivery of agreements, communication, or execution of documents.
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. Under the Electronic Signature in Global and National Commerce (ESIGN) Act 2000, an e-signature is any electronic sound symbol, or process that is related to an agreement and executed with the intent to sign the agreement.
Agreement Record Retention
Electronic records meet the record retention requirements that are in place for nonelectronic records. Electronic agreements are maintained, accessible, and reproduceable in an accurate form.
Opt-out Clause
You may withdraw your consent to receive electronic documents, notices, or disclosures at any time. You agree by withdrawing your consent to receiving electronic documents that there will be additional fees applied to you for printing and mailing prepared legal document(s) or agreement(s) listed as a “handling charge”. In order to withdraw consent, you must notify Divorce 661 that you wish to withdraw consent and request that your future documents, notices, and disclosures are provided in paper format. To request paper copies of documents; withdraw consent to conduct business electronically and receive documents, notices or disclosures electronically; or withdraw consent to sign documents electronically, please contact Divorce 661 by telephone, e-mail, postal email, or in person.
IV. Services
Services
Types of services that are performed for you in connection with your family law legal matter in which you are representing yourself and we are preparing your legal documents.
1. Legal document(s) preparation. Legal documents are prepared and completed as specified with your direction along with the legal documents that you have selected or selected from a detail list approved by an attorney based on your family related request. We can provide you general published factual legal information that has been written or approved by an attorney, to help you represent yourself. We can file and serve legal forms and documents as commercially reasonable and appropriate based on the court jurisdiction. If you specifically direct us to deliver the documents to the courts or respondent(s) through other means, we will set-forth that agreement at the onset of the services purchased.
Parties are solely responsible for verifying the accuracy of the information provided to the company to be used on all forms. The company is not responsible for any errors or omissions that may occur due to client’s forgetfulness, neglect or mistake. This includes any agreements in the Judgment also known as the settlement agreement or divorce decree. Parties should ensure that all forms are prepared as requested prior to signing any document. By signing your divorce judgment documents, you are verifying that all information is accurate and reflects the agreement you want submitted to the court to become a court order.
2. Mediation services. Mediation services are provided either in person, via conference call or video call at any time during the divorce process. Mediation services are based on a flat fee reserved in blocks of three-hour increments. Actual length of each mediation will be determined by your mediator, which usually run in 1 to 2 hour sessions and an hour to summarize the outcomes and next steps.
Mediation Services Include
1. Mediation Summary with Action Items
2. Summary of Mediation Hours
3. Provide Assistance with Reaching Agreements For
a. Child Custody / Parenting Plan
b. Child Support Determination
c. Spousal Support Determination
d. Property Division
e. Pension Division
f. Settlement Options
You are paying only for those services listed under mediation services to reach agreements on unresolved topics related to your family law related matter. Preparation of legal document(s) are not included with the mediation service fee.
3. Additional Services. We offer additional legal document preparation services to prepare Joinder, Qualified Domestic Relations Order (QDRO), Establishing Paternity, Trial Documents, Request for Trial, File a Response, and Request for Order.
4. Amendments to Documents. Additional fees are incurred for requests to amend legal documents that have been submitted to the court or when a case has been filed and modifications are needed.
Example of Common Amended Documents
a. Amendments to The Petition
b. File A Response
c. Change of Address
d. Stipulations
Services Not Provided
The aforesaid are the types of services that we can perform for you. We are unable to provide litigation services, legal representation, legal advice, or services for contested litigious cases. For uncontested cases we do not file a “response” on behalf of respondent or review “response” prepared by respondent or by third-parties. Additionally, we only file documents we prepare.
Delivery
The Client authorizes us to use any means of delivery deemed commercially reasonable and appropriate by the company to communicate with client(s), deliver documents to client(s), deliver documents to court(s), communicate with affiliate parties, i.e attorney services, US Postal Service (mail), electronic email (“e-mail”), or the use of electronic signature software. In preparation of the legal documents we use DocuSign, a software to deliver complete document(s) and agreement(s) in minutes or hours, not days, to your e-mail using a computer, smartphone or tablet for your review and electronic signature. This software allows the recipient to securely access and electronically executed documents, upload, and return sign document(s) or agreement(s). In most cases the courts accept electronic signatures as described in the 2000 E-Sign Act.
E-mail
E-mail transmissions are not secure. We recommend that you do not send us or ask for sensitive information via any general or public e-mail systems.
Documents Processed Greater Than Six Months
Documents that are received and processed by the court greater than six months may require revisions. Document revisions are considered amendments and will be assessed an amendment fee in accordance to the fee schedule of the document being revised.
Document Retention
We cannot keep your original documents after all the contract services have been provided or if you or we do not execute this contract or if this contract terminates (ends) for any reason. It is a violation of California law if we keep your original documents under any of these circumstances.
V. Financial Policy
Acceptance of Payment
The following is a statement of our Financial Policy, which we require you to read, agree to and accept prior to any services rendered.
• All clients must complete our “Client Intake Form”
• Full payment is due at the time of service
• We accept cash, check, Visa, MasterCard, Discover, AMEX
• We do not offer extended payment plans
Refunds
Our company is committed to providing legal document preparation service and mediation service at a flat fee to our client’s and as such we typically deliver initial documents within one to two business days following the payment for our legal document preparation services. Due to the expeditious turn-around time our refund policy considers the time and materials used before determining if a partial refund is available.
Legal Document Assistance Service
• Within the first 7 days of the purchase a review of the document(s) prepared is conducted to determine if a partial or no refund is available based on services purchases and services rendered.
• Within the first 7 days unused court fees will be refunded in full if the case has not been submitted to the court(s).
• After the initial 7 days of purchase a review of your document(s) prepared is reviewed to determine if any refunds are available.
• After 7 days unused court fees will be refunded if the case has not been submitted to the court(s).
• At 30 days legal document preparation(s) will be evaluated on a case by case basis based on “time equivalent” used for the services purchased.
• After 30 days services will be considered rendered and no refunds are available for document preparation services.
Time Equivalent of Preparation of Documents
Our flat fees are based on time equivalent (also known as time and material) used to prepare legal document(s) in an average uncontested case, taking into consideration the average communication (E-mail, phone call, or in-person) cycle and cost to prepare your documents(s) or agreement(s). The fees paid are also applied as a time equivalent. It is therefore possible and likely that no refund shall apply despite all documents not being completed.
Mediation Services
• Client is subject to a full refund within 7 days if no mediation services are performed or scheduled.
• After 7 days if no mediation services are performed, scheduled, or utilized you will receive a partial refund of the fees collected towards administration cost in preparation of your case.
• No refunds will apply once mediation services are scheduled and performed.
Cancellation
You may cancel the services on the same day of purchase prior to any work being performed or prepared. If you cancel the service, we will immediately refund any fees which you have paid us if no service has been prepared, delivered or performed. The only fees that we may keep are fees for services which we have actually, necessarily, and reasonably performed on your behalf during the 24-hour period. We will not keep any court fees for cases that have not been filed within 24-hours.
To cancel the services, send me an e-mail stating that you are canceling the services to tim@divorce661.com or call our office at (661) 281- 0266. Cancellation requests take effect on the date noticed is received by Divorce 661.
VI. Mediation and Arbitration
Mediation and Arbitration Contract Clause.
1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at Perspektiv Legal Inc. headquarters on a mutually acceptable time.
2. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
3. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
4. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
5. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
VII. Fee Schedule
You agree to pay us the following fees, cost, and expenses.
Legal Document Assistance Services and Mediation Services
• No Assets, Debts, Or Children $699.00 (Filing Fee of $435.00 not included)
• With Assets, Debts, Or Children $899.00 (Filing Fee of $435.00 not included)
• With Assets, Debts, And Children $999.00 (Filing Fee of $435.00 not included)
• Establishing Paternity $899.00 (Filing Fee of $435.00 not included)
• Joinder / QDRO’s $750.00 (Includes filing fees)
• Request For Order $600.00 (Filing fee of $115.00 not included)
• Divorce Mediation Service $600.00 ($200.00 per hour sold in 3 hour blocks)
• Do It Yourself Divorce $97.00 (Video Tutorial)
Amendments to Documents
• Stipulations starting at $320.00
• Modifications starting at $320.00
• Change of Address $25.00
• File a Response starting at $300.00
• Amendment to Petition starting at $300.00
Additional Services
• Process Server (Provided by third-party service) starting at $125.00
• Mailed Documents starting at $25.00
END
PRIVACY POLICY
Perspektiv Legal Inc. dba Divorce 661 Privacy Policy
Welcome to Perspektiv Legal Inc! We invite you to read this privacy policy, which explains our privacy practices and how we treat your information. The policy describes the types of information collected and created in connection with your use of our website, www.Divorce661.com and integrated software providers, how and why we use such information, who we share it with, and your legal rights. Unless indicated otherwise, this privacy policy (“Policy”) applies to all our website, domains, apps, products, services, email exchange, and features (the “Services”).
For residents of the EU, please note that this Policy has been updated in accordance with the requirements of EU General Data Protection Regulation (GDPR). For residents of the US, by visiting, joining, or using www.Divorce661.com, or otherwise indicating that you agree to this Policy, you consent to, and authorize our use of your personal information as described in this Policy.
Software Provider Privacy Shield Policy
Our software provider complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and/or Switzerland to the United States. Our software provider has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our service provider’s certification, please visit https://www.privacyshield.gov.
Responsibilities and Management
Our software provider has designated their legal department to oversee compliance with the EU and Swiss Privacy Shield program and the GDPR. This team shall review and approve any material changes as necessary and once Divorce 661 receives notification of material changes we will provide those updates to our clients and amending our Policy. Any questions, concerns, or comments regarding this Policy also may be directed to Perspektiv Legal Inc.
Our software provider and Perspektiv Legal Inc. will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the personal data that it collects acting as a data processor. Our software provider’s personnel and Perspektiv Legal Inc. personnel receive training, as applicable, to effectively implement this Policy.
Collection and Use of Personal Data.
Perspektiv Legal Inc. provides various products and services to our clients. We collect personal data from individuals when they purchase our products, fill out a form on our website, complete surveys, schedule an appointment, request information or otherwise communicate with us. In turn we use this information to send you marketing material, complete your purchase, start the process of preparing your legal document(s) product or purchase mediation services. Your information is accessible to our software provider in the course of providing technical support to Perspektiv Legal Inc. and not for any other material purpose.
We also collect payment information including credit card information through our payment gateway provider. The credit card information is entered through a secure site and processed using a secure gateway integrated with our software provider and website. The software provider and credit card gateway provider comply with PCI requirements.
Clients have the option to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
Our software provider serves Perspektiv Legal Inc., acting as a data processor. In that capacity as a data processor, they will receive, store, and/or process personal data. In such cases, they are acting as a data processor and will process the personal information on behalf of and under the direction of Perspektiv Legal Inc. The information that our software provider collects from Perspektiv Legal Inc., in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to Perspektiv Legal Inc.
Perspektiv Legal Inc. does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
Data Integrity and Security.
Our company uses reasonable efforts to maintain the accuracy and integrity of personal data and to update it as appropriate. Our company has implemented physical and technical safeguards to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored personal data is stored on a secure network with firewall protection, and access to the service provider’s electronic information systems requires user authentication via password or similar means. The service provider also employs access restrictions, limiting the scope of employees who have access to personal data.
Further, the service provider uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
Requests for Personal Data.
Perspektiv Legal Inc. will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the personal data by a law enforcement authority unless prohibited by law or regulation. (b) request from our client to receive their personal information.
Changes to this Policy.
This policy may be amended from time to time. Perspektiv Legal Inc. will notify clients if we make changes that materially affect the way we handle personal data previously collected, and we will allow clients to choose whether their personal data may be used in any materially different manner.
Questions or Complaints
Perspektiv Legal Inc.’s commits to resolve complaints about the collection or use of personal information. Individuals with inquiries or complaints regarding the Policy should first contact Perspektiv Legal Inc. at tim@divorce661.com.
Mediation and Arbitration
1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Policy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at Perspektiv Legal Inc. headquarters on a mutually acceptable time.
2. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
3. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
4. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
END