Terms of Service

Updated: March 8, 2017

Definitions of certain words used in this User Agreement

When used in this User Agreement, the following word and phrases have the following meanings:

“this website:” www.firecite.com

“us:” Firecite

“we:” Firecite

“our:” Firecite’s

“user:” any person who accesses firecite.com for any purpose.

“provider:” a user who creates a provider account

“provider services:” any services that a provider performs for a buyer

“buyer:” a user who creates a buyer account

“project:” a job that a buyer has posted to the website

“hourly project:” a job that a buyer has posted to the website that is invoiced on an hourly basis

“ongoing work project:” a job that a buyer has posted to the website where the buyer has selected the "ongoing work" option and is invoiced on an hourly basis

“transaction fee:” the percentage of a buyer’s payment that Firecite retains

“project fee:” the percentage of a provider’s bid that Firecite charges the buyer

“work product:” any works of any kind generated by a provider pursuant to a project

“contract for services:” the agreement formed between a Buyer and a Provider when a Buyer awards a project to a Provider

“project information:” shall mean any information uploaded to this website in connection with a “project” after the project is awarded to a Provider.

Overview

This User Agreement governs your use of this website and is a legal agreement between you and Nador Holdings LLC, a limited liability company that owns and operates this website. You are not authorized to access or use this website for any purpose whatsoever unless you read and agree to the terms and conditions set forth in this User Agreement and the Privacy and Security Police which is incorporated into the User Agreement by this reference. By accessing and/or using this website you agree that you have read and agree to all of the terms and conditions in this User Agreement

Buyer Account (Attorneys) - Eligibility and Rules

Only licensed attorneys with active U.S. state bar numbers may create a buyer account to purchase provider services through this website. You must submit a valid state bar number at the time you create an account. By creating an account, you authorize us to make all appropriate inquiries to validate your status as a licensed attorney in the United States. Upon request, you must provide us any additional information we deem necessary to verify your identity and status as a member of a state bar association. You are not eligible to create an account and are not authorized to use this website if you have been disciplined by any professional association for misconduct or are currently subject to discipline or involved in disciplinary proceedings before any professional association. Buyer attorneys understand and agree that it is their sole responsibility to ensure that their use of this website does not violate any applicable rules of professional conduct or other provisions of law.

Provider Account - Eligibility and Rules

Only U.S. based service providers acting as independent contractors may create a provider account to bid on projects and perform services for buyers as independent contractors. “U.S. based” means that you maintain a valid bank account in the United States of America. You are not eligible to create an account and are not authorized to use this website if you have been disciplined by any professional association for misconduct or are currently subject to discipline or involved in disciplinary proceedings before any professional association. You are not eligible to create a provider account unless you agree that you have read and understand the following:

  1. The ABA Model Rules of Professional Conduct 1.7 through 1.11 governing conflicts of interest.
  2. ABA Model Rule of Professional Conduct 1.6 governing confidentiality of information.

You authorize us to make any reasonable inquiries necessary to validate your identity and status as a U.S based service provider. Upon request, you must provide us any additional information we deem necessary to verify your identity and status as U.S. based service provider.

Things you agree not do when using this website

When using the this website you will not:

  • Violate any laws or infringe on any third party rights.
  • Violate any applicable rules of professional conduct.
  • Fail to pay for services performed
  • Use any method other than this website to complete financial transactions related to work performed pursuant to a project.
  • Solicit any user to perform work off of this website or engage in any arrangement that would circumvent our transaction fee.
  • Copy, download, aggregate, or distribute any content or listings from our website for any purpose other than facilitating work on an active project posted to the website.
  • Collect information about users without their express consent.
  • Post any content that is unlawful, threatening, obscene, defamatory, profane, or any content intended to harass, annoy, or causes distress to any user.
  • Advertise any goods or services for sale.
  • Introduce viruses, worms, malware, artificial intelligence, bots, spiders, or any other files, code, links, programs or other technology that may harm the website or any firecite user.
  • Post any false, inaccurate, or misleading content of any kind, including but not limited to credentials, abilities, or qualifications.

Status of providers as independent contractors

You agree and acknowledge that Providers are offering services on this website as independent contractors and that the relationship between Buyers and Providers shall be that of an independent contractor. Nothing in this User Agreement creates any joint venture, partnership, agency, or employer-employee relationship between Buyers and Providers. You acknowledge and agree that Providers are not employees of Firecite or independent contractors of Firecite. Nothing in this User Agreement creates any joint venture, partnership, agency relationship, or employer-employee relationship between Firecite and any user of this website. It is your responsibility to verify and preserve the independent contractor relationship when using this site as a Buyer or a Provider and you agree to verify and preserve the independent contractor relationship.

Contract for Services between a Buyer and Provider

When a Buyer awards a project to a Provider, all parties agree and acknowledge that a Contract for Services is formed under which the Buyer has agreed to purchase services and any associated works and the Provider has agreed to deliver services and any associated works. Both parties agree and understand that the Provider is acting as a law clerk or paraprofessional in accordance with all applicable rules of professional conduct. Both parties agree and understand that the Buyer attorney must supervise the delegated work pursuant to the applicable rules of professional conduct and retains ultimate responsibility for the work. The agreed upon payment is the amount of the Provider’s proposal at the time the Buyer awarded the project to the Provider or the number of authorized hours completed on the project multiplied by the Provider's hourly rate, whichever is applicable.

When a project is an hourly project, both parties agree that the Provider is authorized to bill up to the maximum number of hours authorized on the project. Both parties agree and acknowledge that the maximum number of hours can be increased but not decreased once an hourly project is awarded.

Both parties agree and acknowledge that the billing period of an ongoing work project begins Monday at 00:00 CDT and ends Sunday at 23:59 CDT. Both parties agree that the Provider may invoice up to the maximum number of hours authorized for the billing period of an ongoing work project at any point during the billing period. Provider understands and agrees that the Provider may only invoice only one time per billing period on an ongoing work project and only up to the maximum number of hours authorized for the billing period. Both parties agree an acknowledge that the Buyer may decrease the maximum number of hours authorized for a billing period of an ongoing work project. Buyer understands and agrees that when the maximum number of hours for a billing period of an ongoing work project is decreased, the decrease will take effect at the beginning of the billing period immediately following the billing period during which the decrease was entered. Both parties agree an acknowledge that the Buyer may increase the maximum number of hours authorized for a billing period of an ongoing work project. Buyer understands and agrees that when the maximum number of hours for a billing period of an ongoing work project is increased, the increase will take effect immediately. The Buyer agrees to deliver the agreed upon payment unless the Buyer asserts in good faith that he or she is dissatisfied with the quality of the work performed and opts to decline payment to the Provider by selecting the "refuse" option via the Firecite website within seven days of a Provider's request for payment. Prior to refusing payment to a Provider, the Buyer agrees to take reasonable steps to communicate with the Provider regarding any deficiencies in the Provider’s work product and to allow the Provider a reasonable opportunity to remedy the deficiencies to the extent possible under the circumstances.

Both parties agree to communicate with one another in a manner that is reasonable and timely considering the nature and scope of the project. If a Provider agrees to a specific deadline, failure to meet that deadline will constitute immediate grounds for the Buyer to cancel the project and decline payment unless the Buyer has explicitly agreed in writing to an extension. If a Provider fails to communicate with a Buyer or respond to a Buyer in a manner that is reasonable and timely considering the nature and scope of the project, this shall be grounds for the Buyer to cancel the project and decline payment.

If a Buyer opts to refuse payment to the Provider, the Buyer shall not acquire or be entitled to claim any rights of any kind in any work product made available to the Buyer by the Provider in connection with the project through this website or otherwise. If a Buyer opts to refuse payment to the Provider, the Buyer shall not be entitled to make any commercial use of any work product made available to the Buyer by the Provider in connection with the project through this website or otherwise.

The Provider agrees to treat all project data as highly sensitive and strictly confidential. All Providers are required to accept and agree to the Provider Confidentiality Agreement (PCA) and the Provider Certification and Acknowledgment of Ethical Rules (PCAER), the terms of which are hereby incorporated by reference. The PCA and the PCAER become part of the Contract for Services when a Buyer awards a project to a Provider.

All parties agree that when a Provider properly requests payment on a project via Firecite’s request for payment process, the Buyer will have seven days to do one of the the following: (1) Authorize payment to the Provider or (2) Refuse Payment to the Provider. If the Buyer does nothing within the seven day period, the Buyer must pay the agreed upon payment and agrees to not to withhold, dispute, or delay payment. The Buyer agrees and acknowledges that the credit card associated with the Buyer account will be charged for the agreed upon payment amount at the expiration of the seven day period from the time the Provider requests payment through the Firecite website. This charge is FINAL and NON-REFUNDABLE. A Buyer’s option to refuse payment to a Provider expires seven days after the Provider requests payment. Prior to requesting payment, Provider's agree to take reasonable steps to communicate with the Buyer regarding whether the Buyer is satisfied with the work performed and to take reasonable steps to remedy any deficiencies identified buy the Buyer.

Upon a Provider's receipt of full payment from Buyer, all Intellectual Property Rights in any work product delivered to Buyer, will be the sole and exclusive property of the Buyer, and Buyer will be deemed to be the author thereof. If Provider has any Intellectual Property Rights to the Work Product that are not owned by Buyer upon Provider's receipt of payment from Client, Provider hereby automatically irrevocably assigns to Buyer all rights, title and interest to such Intellectual Property Rights. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.

Fees

When a Provider requests payment, the Buyer’s credit card will be charged the full amount of the agreed upon payment plus a five percent project fee. The agreed upon payment is the amount of the Provider’s bid at the time the Buyer awarded the project to the Provider or the authorized number of hours invoiced on the project multiplied by the hourly rate in the Provider's awarded proposal. Firecite retains a fifteen percent transaction fee from the agreed upon payment. The agreed upon payment less Firecite’s fifteen percent transaction fee will be transferred to the Provider’s verified bank account upon settlement of payment processing.

Stripe - Payment Processing Services

Payment processing services for buyers and providers on Firecite are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By creating an account on this website, by clicking to accept the Terms of Service when prompted or by continuing to operate as a buyer or provider on Firecite, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Firecite enabling payment processing services through Stripe, you agree to provide Firecite accurate and complete information about you and your business, and you authorize Firecite to share it and transaction information related to your use of the payment processing services provided by Stripe.

It is your sole responsibility to ensure that you are aware of any laws, statutes, ordinances, regulations, or ethical rules that are relevant to you as a Buyer or Provider and in any other uses you make of this website.

Non-Circumvention

You acknowledge and agree that a substantial portion of the compensation Firecite receives for making this website available to you is collected through the transaction fees and project fees. Firecite does not get paid unless the Buyer and Provider process payments via this website. Therefore, for twelve (12) months from the time you identify or are identified by any party through this website (the “Non-Circumvention Period”), you must use this website as your exclusive method to request, make, and receive all payments for any independent contractor work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation with respect to each relationship only if the Buyer or Provider pays Firecite the amount of two thousand U.S. dollars ($2000.00). If you request payment or agree to pay a party for any work covered under this section, this shall be grounds for immediate cancellation of your account. All parties agree to immediately report any attempts at circumvention to firecite@firecite.com.

Disputes between Users - Release

If a user breaches any obligation owed to you, you are solely responsible for enforcing any rights you may have against the user. We are not responsible for enforcing any rights under a Contract for Services or any other rights you may have against any other user. You release Firecite (and our officers, subsidiaries, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, breaches, or violations.

Payment Protection for Providers

Buyers may elect to decline payment to a Provider who has not performed services and/or delivered work product to the Buyer’s satisfaction so long as the election is made within seven days of a Provider’s request for payment via the Firecite request for payment process on this website. Providers are not eligible for Payment Protection if a project is canceled or payment is declined because of failure to meet a deadline or failure to communicate with the Buyer. Providers are not eligible for Payment Protection if the Provider is found to have violated the Non-Circumvention policy in this agreement. If a Buyer elects to decline payment to a Provider, and the Provider has taken reasonable steps to communicate with the Buyer and to deliver quality work product, Firecite will pay the Provider in the amount of the agreed upon project payment up to a maximum of one hundred U.S. dollars ($100.00) per project. The maximum amount of payments Firecite will make to any Provider under this section is five hundred U.S. dollars ($500.00). All parties agree and understand that the Provider will not be paid by Firecite for any agreed upon project payments exceeding one hundred dollars ($100.00).

We reserve the right to refuse service and cancel or suspend your account

You agree that we have the right to refuse anyone access to this site for any reason and that we may cancel or suspend your account at any time, for any reason, and without notice. You also agree that we have the right to cancel or suspend your account for any reason and will not be required to provide any explanation of the reasons underlying our decision to refuse access to this website, or cancel or suspend your account.

Limitation of Liability

Firecite is not liable, and you agree not to hold us responsible, for any damages or losses of any kind or nature, any injury, or any claim of any kind or nature arising out of or in connection with this User Agreement or any use you make of this website, including, but not limited to:

  • your use of or your inability to use this website;
  • viruses, malware, or any other harmful technology obtained by accessing or using this website;
  • damage to your hardware device from the use of the Site or Site Services;
  • the content, actions, or inactions of any user;
  • a suspension or other action taken with respect to your account;
  • your reliance on the quality, accuracy, or reliability of any information, representations, or content in a Provider bid, Provider profile, Provider work product, or any communications made to you by a Provider;
  • your reliance on on the quality, accuracy, or reliability of any information, representations, or content in a Buyer profile or any communications made to you by a Buyer;
  • a Buyer’s refusal to pay for services for which he or she deems unsatisfactory in good faith;
  • inability to access any information uploaded to this website or the destruction or loss of any files of other information uploaded to this website.

ADDITIONALLY, FIRECITE, OUR OFFICERS, OUR AGENTS, OUR SUBSIDIARIES, AND OUR EMPLOYEES SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES. THE LIABILITY OF FIRECITE, OUR OFFICERS, OUR AGENTS, OUR SUBSIDIARIES, AND OUR EMPLOYEES TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE MADE OF THIS WEBSITE WILL NOT EXCEED THE LESSER OF $1500 OR FIRECITE’S TRANSACTION FEES CONNECTED WITH THAT USER’S ACCOUNT. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using this website or provider services.

Disputes or Claims against Us - Binding Arbitration

For any claim, Firecite may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Firecite elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Firecite will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Firecite must be resolved in accordance with the terms of this User Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Firecite may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Firecite has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Firecite will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Firecite’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You must keep your email address and contact information up to date

You agree to ensure that the email address and any other contact information associated with your user account remains valid and current at all times. You agree and understand that Firecite uses this information to notify of you project updates, provider requests for payment, and other important information related to your use of this website.

Third Party Vendors, Hosting Partners, and Integrations

You acknowledge and agree that we may use third party vendors and hosting partners to provide the necessary software and technology required to operate the Firecite website. You understand that Firecite may offer integrations with third party products and services. If such integrations are made available, you understand that you use these third party services at your own option and risk. You understand that your access to any Firecite integrations and use of any third party services are subject to the separate terms and conditions required by the third party. You agree that we have no liability arising from your use of any third party integrations.

Confidentiality

We will treat all project information as strictly confidential and will not disclose this information to any unaffiliated third party except as required by law.

We may utilize third party vendors and hosting partners in order to provide access to, maintain, and enhance this website. Third party vendors and hosting partners shall hold all information in strict confidence and shall not disclose this information except as necessary to perform their service obligations to Firecite, as required or permitted by law, or as otherwise authorized by an attorney Buyer in writing.

Changes to this User Agreement

You understand that Firecite may make changes to this User Agreement periodically. We will display the most recent date of updates on this page. You agree that it is your responsibility to review this User Agreement for updates and changes. You agree that your continued use of this website constitutes acceptance of the published Terms of Service and User Agreement.

Digital Signature

By using this website, creating an account on this website, or by clicking to accept the Terms of Service when prompted you are deemed to have executed this User Agreement electronically, effective on the date you create your account or the date you click to accept the Terms of Service, whichever is later in time, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement, and any amendments.