BK Assistant, Inc.

BK Questionnaire.com is a product of BK Assistant, Inc. All references to bkquestionnaire.com products, functions, optional products and/or services are an agreement by and between BK Assistant, Inc. as bkquestionnaire.com is a product of BK Assistant, Inc. and all services, software and products offered under the bkquestionnaire.com product are wholly owned, operated, and managed by BK Assistant, Inc.By entering into the below agreement, you understand and agree this is an agreement between you, your law firm and BK Assistant, Inc. and you’re agreeing to use products and services under the name of bkquestionnaire.com as a product name.

AGREEMENT FOR SERVICES

This Agreement for Services is made between: ___________________________________________ (Hereinafter referred to as “Law Firm”) and BK Assistant, Inc. 24881 Alicia Parkway, Suite E497, Laguna Hills, CA 92653.

In consideration for subscription services which starts at $39.99 (Thirty-nine dollars and ninety-nine cents in USD) per Law Firm client, BK Assistant, Inc© will provide access to its website and software capabilities for the online questionnaire as well as additional and optional products at additional costs.

The duration of this contract is from when the Law Firm’s purchase a subscription on a per client basis. Once the attorney sends out the invite to their client via email and the client logs into the website, this is deemed a subscription used. Any refunds and/or credits after this point are at the sole discretion of BK Assistant, Inc. This contract can be terminated by either side at will.

The agreement is a licensee agreement only. The Law Firm is responsible for its client’s information. The Law Firm accepts and acknowledges BK Assistant, Inc. is only offering its software and website information and capabilities to its clients as a useful tool in getting client information to the attorney for the purposes of preparing a bankruptcy petition. The Law Firm agrees and understands bkquestionnaire.com (A product of BK Assistant, Inc.) is simply a software and information site, not a Law Firm or attorneys. The Law Firm agrees and understands the Law Firm is contracting with BK Assistant, Inc. and can’t hold BK Assistant, Inc. liable for anything regarding Law Firm’s clients.

The Law Firm agrees and understands by purchasing a subscription and agreeing to an ongoing monthly subscription billed monthly, this gives the Law Firm a monthly license agreement to use the software. The Law Firm agrees and understands subscription is a license to use the software on a per client basis only.

CLIENT INFORMATION

The Law Firm agrees to and understands BK Assistant, Inc., stores the client information for 36 months and as defined under definitions in the definition section of the agreement on servers not on the premises of BK Assistant, Inc. The Law Firm further agrees and understands this is a third party. After the 36 months period BK Assistant, Inc. deletes the stored client(s) information and all stored data pertaining to this client. Unless the Law Firm signs up for an additional storage period at an additional cost to the Law Firm. The Law Firm agrees and understands BK Assistant, Inc. doesn’t sell or share any information it receives with anybody. The Law Firm agrees and understands any information received by BK Assistant, Inc. from and through its software is attorney-client privileged and will not be shared or given to anyone without written consent from the Law Firm’s said client and the Law Firm itself.
BK Assistant, Inc. agrees to maintain in confidence and not to disclose any confidential Client information received from the Client(s). Unless instructed by the Client and the Law Firm. BK Assistant, Inc. further agrees not share any of the information given to it by the Client(s) without written consent, except to the Law Firm assigned for client questionnaire services.

CONFIDENTIALITY

Licensee acknowledges that the Software constitutes a valuable proprietary product and trade secret of Bk Assistant, Inc. encompassing confidential information, ideas, and expressions. Licensee acknowledges that use and display of any copyright notice shall not be construed as an admission or presumption that publication of the Software has occurred. Except as BK Assistant, Inc. may permit by giving written permission to the Law Firm and/or Licensee. The Law Firm agrees to observe complete confidentiality as to all aspects of the Software, including without limitation, agreement not to disclose or otherwise permit any other individual or business not subject to a license with BK Assistant, Inc. access to, in any manner, the Software or any part of either in any form whatsoever. Licensee further agrees to notify BK Assistant, Inc. promptly and in writing of any circumstances surrounding use of any part of the Software by any individual or business not subject to a license with BK Assistant, Inc.

PRIVACY NOTICE

At the time this agreement has been signed BK Assistant, Inc. is not legally required to provide a privacy notice by any federal or state law. If there is any state and/or federal law BK Assistant, inc. isn’t aware of that would require a privacy notice, the Law Firm would be required to provide that to their own client.

COSTS AND FEES

BK Assistant, Inc. and the Law Firm agree to the following terms, currently the price for agreed upon contracted services starts at $39.99 per client. There are no set up fees. This contract is on a client-by-client basis only. BK Assistant, Inc. reserves the right to change the pricing at any point and time on a client per client basis, as both parties agree this is a client-by-client contract, not at all the Law Firm’s client contract. Currently BK Assistant, Inc. does charge more depending on the subscription your Law Firm chooses to use for each client and does offer additional services. The list of current subscriptions are, in the subscription types portion of the agreement. A list of additional services is in the additional services portion of this agreement. Any additional services used by the Law Firm at additional costs in the future will be incorporated by addendum into this agreement within the same terms.

SUBSCRIPTIONS BILLING

Subscriptions are billed to the Law Firm on monthly basis, a per client purchase basis and a multiple (at least 3 subscriptions) subscription bases for a discount, depending on the number of subscriptions purchased. The Law Firm agrees and understands, when they originally sign up, they can only purchase one subscription at sign up. This is the subscription they will be billed for automatically monthly. The Law Firm can cancel the automatic subscription at any time and stop being billed automatically. The subscriptions you purchased never expire. The Law Firm can use the remaining subscriptions whenever they decide. The automatic subscriptions can’t be refunded. The Law Firm can purchase subscriptions in the attorney portal on a per client basis as needed. This type of subscription can’t be refunded after the Law Firms client(s) accepts the invite by logging into the system. The Law Firm can also purchase subscriptions on a multiple subscription basis for a discount. The multiple subscriptions can be refunded, with a cancellation fee of $5.00 per subscription purchased.

1. Monthly basis – Billed monthly for the type of subscription the Law Firm originally signed up for.
2. Per client basis – Purchased by the Law Firm on a per client basis as needed without a discount for multiple subscriptions.
3. Multiple subscription basis – Purchased upfront on a discounted basis, there is a $5.00 cancellation fee, (per subscription) if the Law Firm wishes to be refunded these subscriptions bought in advance.

SUBSCRIPTION TYPES

Currently as of this contract we have has 3 different types of subscriptions. Standard, Premium, and Black label.

A Standard subscription is a standard subscription includes all standard features of the website only. A Premium subscription is all standard subscription features plus credit reports, liens, and judgments (provided by CRS Group) integrated into the online software system and a discount for payroll assistant. It also changes the storage time from 3 years to 5 years. A Black Label subscription is all standard and premium, subscription features, plus: paralegal check, petition preparation system use, and discounted optional payroll assistant. The pricing at the time of the agreement is as follows:
Standard subscription: $39.99 (thirty-nine dollars and ninety-nine cents USD) for individual and/or joint client subscription.
Premium subscription: $65.99 (sixty-five dollars and ninety-nine cents USD) for individual. An additional $12.95 for joint use per subscription. Joint subscription: $78.94 (seventy-eight dollars and ninety-four cents USD)
Black label subscription: $95.99 (one hundred ten dollars and ninety-nine cents USD) for individual use. An additional $12.95 for joint use per subscription. Joint subscription: $108.94 (one hundred twenty-three dollars and ninety-four cents USD)

The Law Firm agrees BK Assistant, Inc. is subject to change pricing at anytime and will provide an updated agreement and acknowledgement in advance of any price increase. If BK Assistant, Inc. fails to provide this to the Law Firm before purchase the Law Firm will get the subscription(s) at the current price they agreed to pay. Only after notice of advance pricing change will the Law Firm be liable to pay the new pricing amounts.

ADDITIONAL SERVICES

Additional Services currently include payroll assistant, as a subscription or one time use. CRS group credit reports with liens and judgments report. Paralegal check. 5 Years storage on a separate server not on BK Assistant, Inc.’s premises through a third party currently with AWS, however the Law Firm agrees BK Assistant, Inc. may change this server and/or location or third-party company it currently uses at any time without prior notice or consent by the Law Firm.

Payroll Assistant: This service is provided by your client logging into, their employer payroll company and your client(s) payroll company sharing your client(s) payroll data for up to the last 13 months with BK Assistant, Inc. by and thru Pinwheel API. This service is an additional cost depending on the subscription you do or don’t choose starting at $19.99 (Nineteen dollars and ninety-nine cents USD).

CRS Group (credit report & liens/judgments): This service is provided by your client agreeing allow BK Assistant, Inc, to send their information over to CRS Group to run their credit, liens & judgments, then send that information over to bkquestionnaire.com to integrate them into the system thru an API setup through CRS Group and BK Assistant, Inc. This service in only provided with premium and black label subscriptions. The Law Firm is paying a convenience fee of integration into the system. BK Assistant, Inc. is not reselling you the reports. BK Assistant, Inc. doesn’t store or have access to the actual credit reports.

Paralegal Check: This is an internal software algorithm designed by BK Assistant, Inc. This checks the petition based upon the client questionnaire to make sure you listed all items on Schedules A/B, C, D, E/F, I, and the Statement of financial affairs forms, if it is listed on one of the other forms and or the client questionnaire. This service is an additional cost depending on the subscription you do or don’t choose starting at $8.99 (eight dollars and ninety-nine cents USD).

Client Storage: The standard storage plan is for a total of 2 years (24 months). Premium and Black Label subscriptions extend this time to 4 years (48 months).

DISCLOSURES & AGREEMENTS AS TO THIRD PARTIES

PAYROLL ASSISTANT

The Law Firm understands and agrees that this is an API set up communicate with their client’s payroll company to get all their clients payroll data for up to 13 months. The auto import and calculation features are imbedded into the websites code. The only third-party contact or information is coming from their payroll company to Pinwheel to bkquestionnaire.com. The third-party contact is from your client’s employer to the software.

CREDIT REPORTS (from CRS GROUP)

The credit reports in premium and black label subscriptions are tri-merge credit reports, that have separate liens & judgments from report included in the subscriptions as well. These reports are not stored in the software for your client’s data safety. We offer you the ability to sign into your CRS Group account in their servers to view them at any time.

REFUNDS AND/OR CREDITS

BK Assistant, Inc. and the Law Firm agree to the following terms for refunds and/or credits. A refund will only be issued if the Law Firm and BK Assistant, Inc. agree it pertinent or a fair business practice to do so. The Law Firm agrees to have its credit card on file with BK Assistant, Inc. for Client questionnaires. The law Firm agrees and understands the Law Firm is charged once their client submits the questionnaire and documents to the Law Firm. The Law Firm understands and agrees this is their client stating they have filled out the information and/or documents needed to go to the attorney to populate their bankruptcy petition. A refund will only be issued upon the sole discretion of BK Assistant, Inc. The Law Firm will be the sole decision maker of a refund or a credit. The Law Firm would notify BK Assistant, Inc. in writing that it wants to receive a refund or a credit on a given client. A refund will be done within 30days back to the credit card charged for the service. A credit will be given by BK Assistant, Inc. through the Admin at BK Assistant, Inc. sending a new client the questionnaire through the Law Firms portal and assigning it to the attorney being given the credit.

ARBITRATION CLAUSE

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in:

SEVERABILITY

If any provision of this Agreement is held to be illegal, or otherwise unenforceable, such provision will be severed, stricken, and replaced with a legal and enforceable provision which most closely reflects the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

ENTIRE AGREEMENT

You agree that this license/subscription constitutes the entire agreement between you and BK Assistant, Inc. and supersedes all prior negotiations, understandings and/or agreements, whether written or oral.

Both Parties agree to the terms set forth in this Agreement for Services and attest that both have retained a copy of this document for their own records. By signing below, we both affirm that: Each is authorized to sign for the business entity; the statements in this document are true and correct to the best of our knowledge, and legally binding.

Dated: