Terms and Conditions
You are agreeing to the terms and conditions set forth here between OverDrive Services, LLC, dba Virtual Paralegal Pros and its affiliates (Company or OverDrive) and your company (You or Customer). These terms govern our agreement which involves Company’s assigning staff to serve Customer. We will provide you with the most appropriate and skilled professionals for your needs. These may include Paralegals, Legal Assistants, Case Developers, General Administrative Staff, Customer Service Representatives, Marketing, Sales Support, Bookkeepers, Accountants, Credit and Collections & Repair and Back Office Personnel, and any other skilled Professionals agreed to (hereinafter Specialists).
We offer tailored services to you as our Customer.
Retained – Customer may require a variety of tasks be performed on a continuous, full time basis. These services are provided on a month to month basis after an initial three month term (Term) and may be cancelled at the end of any month following the initial Term.
Fixed Fee – Company provides certain services on a fixed fee per case basis such as Immigration and Bankruptcy case development. You only pay for the cases you send to us.
Pricing and Billing
OverDrive strives to provide the highest quality work at the lowest cost available. Pricing is a function of the types of work performed, skill levels and amount of supervision required. Company and Customer will agree on the work to be performed and an invoice will be issued. A $350 set-up fee will be billed at the outset of our relationship to to cover setting up the project and learning your work protocols.
Payments are due monthly in advance on retained work. For fixed-fee work payment is due at the time the cases are received by us. Once payment has been received, the work will begin. On an ongoing basis and with the agreement of Customer, Company will charge Customer’s credit card which will be on file for future work, be it retained or fixed fee work. Customer may change the method of payment at any time.
Additional Services Requested
As your requirements change, please let us know and we will modify your invoice as appropriate.
Customer will automatically be billed each month on the anniversary date of the agreement or, in the case of fixed fee work, as the cases or other fixed fee work is submitted to us. You may cancel at the end of any 30 day period following the initial term of three months in the case of retained work. If your payment is not received or your credit card fails to process, we will notify you. If not resolved within 24 hours, we will stop work until the problem is resolved. Payments are earned when received and there are no refunds for work performed unless there is an overpayment in which case a credit will be issued.
If you wish to terminate our agreement, please notify us by email. If you do terminate, it will be effective at the end of the monthly billing period or when the fixed fee work is completed.
Company reserves the right to terminate an agreement with any Customer without prior notice for lack of payment or unprofessional treatment of any of the OverDrive staff. Examples of unprofessional treatment would be cursing or speaking to an employee in a derogatory manner, shouting or making discriminatory, inflammatory or suggestive comments.
Recruiting Company Personnel
Customer agrees not to solicit, recruit or hire any Company Partner, Specialist, Contractor or other Employee at any time during the life of the project or 36 months thereafter without written permission of Company.
Specialist’s Work Schedule
Your Specialist will work on the agreed schedule. Any lost time due to illness, funerals, and the like, in excess of excused sick time (see below) is made up within one month, or invoices will be credited for absences. Holidays include traditional US holidays plus Christmas Eve Day and New Year’s Eve Day, any days your offices are officially closed as well as two days around Labor Day and two days around Spring Break for mandatory Company meetings. In the case of illness which extends more than 72 hours, upon request Company will assign another Specialist to assist with the work until your Specialist returns to work.
If on a retained basis, your Specialist will not be required to work over 40 hours without overtime pay of 1.5 times their fee, or unless time off is given in lieu of overtime as agreed. In addition to holidays and time off for semi-annual meetings, all Specialists will accrue 10 days of vacation during the year accruing at a rate of .833 days per month. Vacation days will be approved in advance and a backup may be provided. The Specialists will accrue 5 sick or “leave” days per year at a rate of .42 days per month. Missed days due to power outages or internet issues will be made up within 30 days or a replacement will be provided.
Indemnity and Hold Harmless
Customer (Indemnifying Party) shall defend, indemnify and hold harmless Company, its officers, directors, shareholders, agents, contractors and employees (each an Indemnified Party) from any and all claims, demands, obligations, liabilities, damages, expenses and actions of every kind and nature in favor of a third party.
This Agreement sets forth the entire understanding of the parties. Any amendments or modifications must be in writing to be valid.
This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of Texas without giving effect to principles of conflicts of law. Any dispute hereunder shall be settled by binding arbitration under the rules of the American Arbitration Association (“AAA”) in Dallas, Texas. Either party may apply to AAA for the appointment of a single arbitrator to hear such dispute, with the costs of the arbitrator to be paid by the non-prevailing party, and each party paying its own legal fees and costs.
Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Customer and Company.
These Terms and Conditions were last updated on June 17, 2018.