Founder’s Counsel Plan
Terms of Service
These Terms of Service (the “Terms”), dated _______________December 4, 2019 (“Date”) are between Kyle Gough Law, LLC (“Firm” or “Kyle Gough Law”) an Indiana legal practice, and the Subscribing Business. By Subscribing to the Founder’s Counsel Plan (“Plan”), you accept the Terms on behalf of your Subscribing Business and represent to Firm that you are duly authorized by Business to engage an attorney on its behalf.
- Plan Fees and Service
To join the Plan, Business must pay a one-time Initialization fee of $199, plus recurring monthly Plan Payment of $99 starting on the second month (together referred to as “Fees”). Service commences once the Firm is in receipt of the Initialization fee and extends for one month from the date of commencement. However, an attorney-client relationship cannot exist until the Entrance Assessment has been conducted. Subsequent Plan Payments shall purchase Service on a month-to-month basis. Prepayment of Plan Payments is not permitted. Service continues until Termination.
Business will be charged the monthly Plan Payment automatically, either by credit card or ACH, when payment is due. Each plan payment is due on the monthly anniversary of the original commencement date.
$100 of the Initialization fee shall be a retainer and deemed earned upon the completion of the Entrance Assessment, while the other half is considered a Plan Payment. All Plan Payments shall be a retainer and deemed earned when received. The purpose of the Plan Payment is to secure Firm’s availability to provide Services over the period covered by said Plan Payment.
- Membership Benefits and Terms
- Business Checkups: You will meet face-to-face or via video or call with an attorney from Firm for an Entrance Assessment, and you may meet with an Attorney from Firm for quarterly assessments. The location and method of communication for said meetings are at Firm’s discretion. At such meetings, Firm will analyze business’s legal needs and determine ways to mitigate liability and optimize its legal department. Additional and general business advice may also be rendered. Business qualifies for a quarterly review after every three months of maintaining an uninterrupted subscription. Business is only eligible for such Assessment if Business is a subscriber when the quarterly assessment occurs. Quarterly Assessments do not accumulate, and Business may not be eligible for more than one at any given time.
- Unlimited Consultations: Business gets unlimited ½ hour consultations with an attorney regarding a qualifying new legal matter. Consultations may be held by phone or in person, at Firm’s discretion, and may end before the ½ hour is complete. Firm has no obligation to conduct consultations which do not involve a new legal matter. If a consultation is conducted on a matter that is not a new legal matter does not qualify under this plan, then Business will be billed for Firm’s time at the prevailing rate. At Firm’s discretion, Firm may notify Business when consultation has exceeded ½ hour and may give the option to end the consultation or begin billing at the firm’s prevailing rate. New legal matters must pertain to the Business and must not have been previously discussed (either generally or specifically) in any prior consultations throughout the life of the subscription. Firm shall have discretion on whether a matter is a new legal matter or otherwise. This plan is designed to provide legal answers for young companies and does not include questions relating to issues associated with larger companies, such as but not limited to: employment law; environmental law; labor law; tax law; and real estate law. Firm shall have discretion on whether a legal matter qualifies under this plan.
- Document Review: The Business is entitled to review of two six page documents per calendar month. Whether a page counts toward the total, or counts as more than one page is at the Firm’s discretion. Upon review, the attorney will supply a verbal or written summary. Any modifications to the document, and any document review beyond the scope of these Terms, may be billed at the prevailing hourly rate. Unused document review credits do not roll over at the start of a new calendar month.
- Discount: Business may receive a discount on legal work Firm agrees to do on Business’s behalf. The exact terms and scope of the discount shall be at the Firm’s discretion.
- Additional Services and Expenses
Firm will notify Business via email if Business requests work outside the scope of these Terms. Said work will not be completed until and unless both Parties consent to said work being completed and to the additional terms of such completion. No part of these Terms requires Firm to represent Business in a Court of Law.
- Termination and Modification of Service
Either Party may Terminate (“Terminate”) Service at any time, for any reason, by notifying the other Party via email, or by utilizing the “cancel” feature in the user’s account information. Firm reserves the right to Terminate immediately after a payment is due and not received, or if prior or current Fees do not clear. Refunds are given solely at Firm’s discretion. Firm reserves the right to proactively modify these Terms for any reason or for no reason at all. Upon modification, Firm will notify Business via email
- Attorney-Client Relationship
Joining the Plan does not inherently create an attorney-client relationship. Upon joining the plan, Business will meet with an attorney to do an Entrance Assessment, which includes a check to see if there are any reasons Firm cannot advise Business. If a conflict of interest exists, Business will not be able to join the Plan. Firm has the right to reject any potential client for any or no reason. Firm will inform Business when an attorney-client relationship has been formed. The attorney-client relationship ends upon Termination. Firm provides no guarantee as to results of Service. All legal advice is provided strictly in an advisory capacity.
- Entire Agreement
These Terms contain the entire understanding and agreement between the Parties with respect to its subject matter and supersedes any prior or contemporaneous written or oral agreements, representations, or warranties between them respecting the subject matter of these Terms.
If any portion of these Terms are held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms shall remain in full force and effect.
- Dispute Resolution and Jurisdiction
If a dispute arises between Parties relating to any aspect of these Terms, and if the dispute cannot be settled through negotiation, Business agrees to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
The Agreement is governed by, and must be interpreted under, Indiana Law, and any court proceedings relating to this agreement must be instituted in the County of Allen.
Business may not assign any of its rights or obligations under this Agreement without the prior written consent of the Firm. Any attempt at assignment without prior written consent shall be null and void.