Payment Obligation, Default Status, and Consequences
Any company, person, or entity who enters into an agreement for leads or referrals from EstateLegal.com, dba Estate Legal Services, dba Estate Legal Network, shall be bound by these terms of service. These binding terms of service were specifically referenced in your contract, under the dispute resolution section, and in your welcome letter and invoice.
All payments are due within 24 hours of receiving the invoice, without exception. Failure to make payment within this timeframe will place the account in default status. Defaulting on a signed agreement with EstateLegal.com is a serious breach of contract, and the following penalties and consequences will immediately apply:
1. Reversion to Full Price:
Any discounts or promotional pricing applied to the account will be revoked, and the full price of the account will become immediately due and payable.
2. Waiver of Guarantees:
All guarantees, refunds, or financial accommodations provided under the agreement will be permanently forfeited. Additionally, EstateLegal.com can take actions to recover the full amount, plus liquidated damages when and if you allow your account to become default.
3. Binding Arbitration and Recovery of Costs:
EstateLegal.com will initiate binding arbitration through the American Arbitration Association (AAA) to recover all amounts owed. The defaulting party will be required to pay half of the arbitration fees upfront within five (5) business days. Failure to pay arbitration fees will result in a default judgment in EstateLegal.com’s favor. Any judgment issued by the arbitrator will be fully enforceable by law, and EstateLegal.com reserves the right to pursue collection of the judgment against the defaulting company and its principals personally.
4. Liquidated Damages:
The defaulting party will be required to pay liquidated damages of $25,000 or more (or a higher amount if specified in the contract) to compensate EstateLegal.com for time, resources, and damages caused by the breach. This liquidated damages provision is enforceable in addition to any actual damages awarded through arbitration or other legal means.
5. Public Blacklisting:
The defaulting party, including the company and its principals, will be publicly blacklisted within the industry. This blacklisting will serve as notice to other companies, partners, and organizations about the party’s bad business practices.
6. Fraudulent or Deceptive Conduct:
If the defaulting party misrepresents their ability to make payment, provides false information, or acts fraudulently during the contracting process, this will be considered material fraud. EstateLegal.com reserves the right to pursue claims of fraudulent misrepresentation and seek punitive damages in addition to other legal remedies.
7. Theft of Service Claims:
Signing an agreement, triggering account activation, and failing to pay will be considered bad faith and evidence of unethical business practices. These actions may constitute theft of services, allowing EstateLegal.com to file claims against the company and its principals for damages resulting from this misconduct.
8. Substantial Harm to EstateLegal.com:
By entering default, the defaulting party acknowledges that their actions have caused significant harm to EstateLegal.com, including wasted resources, lost opportunities with other prospective partners, and harm to company operations. EstateLegal.com reserves the right to pursue all remedies to recover these damages.
9. Direct Liability of Principals or Owners:
Any company entering into a contract with EstateLegal.com agrees that its owners, principals, and shareholders are personally liable for the actions and obligations of their company. EstateLegal.com reserves the right to pursue claims directly against these individuals for any damages arising from default.
10. Notification of Legal and Industry Regulators:
EstateLegal.com reserves the right to notify relevant industry regulators, governing bodies, and professional organizations of the defaulting party’s actions. Such notifications may result in investigations, reputational harm, and penalties imposed by those bodies.
11. Termination of Future Business Relationships:
Defaulting on a signed agreement will result in permanent termination of any future business relationships with EstateLegal.com. The defaulting party’s information will also be flagged for internal review to prevent future partnerships.
12. Mandatory Mediation Fee:
Before arbitration, the defaulting party will be required to attend mandatory mediation facilitated by a neutral mediator, at their own expense. Failure to attend or cooperate in mediation will result in an automatic adverse decision in arbitration, with all damages awarded to EstateLegal.com.
13. Certification of Intent:
By signing the agreement, the party certifies, under penalty of perjury, that they have the financial ability and intent to fulfill all obligations under the contract. Any violation of this certification will be treated as willful misconduct, subjecting the defaulting party to additional legal and financial repercussions, including punitive damages and potential criminal complaints.
14. Adverse Consequences Waiver:
The defaulting party explicitly waives their right to dispute the adverse reputational, legal, and financial consequences outlined in this section. By signing the contract, they agree that these repercussions are reasonable and proportional to the harm caused by their breach.
Commitment to Serious Business Practices:
EstateLegal.com takes the integrity of its partnerships seriously. Entering into a contract with no intention of fulfilling obligations or causing delays and disruptions after account activation is unacceptable. Such actions constitute bad faith and harm the company’s operations, reputation, and financial stability.
Parties entering into agreements with EstateLegal.com must be fully prepared to meet their commitments. Those who default will face significant legal, financial, and reputational consequences, including enforceable judgments, public blacklisting, and liquidated damages. This ensures that all parties entering into agreements with EstateLegal.com do so in good faith and with serious intent to maintain a professional business relationship.
15. In the even EstateLegal.com is forced to take action to enforce the terms of this agreement and any other agreement you enter into with EstateLegal.com, EstateLegal.com can recover its attorneys fees, and you will be help liable and responsible to reimburse any and all legal fees for having defaulted.
These payment terms shall be incorporated into the binding terms of service and into any agreement you enter into with EstateLegal.com and any of its brands or affiliates.