TERMS OF SERVICE
Delator Group and its Subsidiaries and Affiliates
These Terms of Service ("Terms" or "Agreement") govern all services provided by Delator Group and any of its present or future subsidiaries, divisions, brands, or affiliated entities (collectively, "Delator," "Delator Group," "we," "us," or "our"), including but not limited to Delator Field Services (DFS) and any other operating division or affiliate now existing or later formed, to any individual, business, attorney, law firm, or other party ("Client," "you," or "your") who engages, retains, requests, or otherwise obtains any service from Delator in any capacity.
By engaging Delator Group or any of its subsidiaries or affiliates in any manner — including but not limited to signing an engagement letter, submitting a service request, making a payment, providing a retainer, or otherwise directing Delator to perform any work — Client acknowledges that Client has read, understood, and agrees to be bound by these Terms in their entirety. These Terms apply regardless of the specific service performed, the entity within the Delator Group performing it, or the method by which the engagement was initiated.
Delator Group reserves the right to amend, update, or replace these Terms at any time, in its sole discretion. Continued engagement of Delator's services following any such amendment constitutes acceptance of the amended Terms.
1. Payments and Refunds
1.1 All payments made to Delator Group or any of its subsidiaries, in any form and by any method, are final. Once payment has been made, no refund of any kind will be issued except where expressly approved, in writing, by an executive of Delator Group.
1.2 A refund is never guaranteed under any circumstance. The mere fact that a refund has been requested, regardless of the reason given or the circumstances surrounding the request, does not entitle Client to a refund or create any obligation on the part of Delator to issue one.
1.3 Any approval of a refund, partial or full, is granted solely at the discretion of Delator Group's executive leadership and does not create precedent, obligate Delator to grant similar treatment in any other matter, or waive any provision of these Terms.
1.4 Late Fees. Client acknowledges and agrees that Delator Group incurs additional administrative expenses, collection costs, financing costs, and business disruptions when invoices are not paid when due. Accordingly, as liquidated damages intended to reasonably compensate Delator Group for such costs, and not as a penalty, any invoice remaining unpaid for fifteen (15) calendar days after its due date shall incur a late fee equal to eight percent (8%) of the outstanding unpaid invoice balance. Each late fee shall be subject to a minimum charge of Ten Dollars ($10.00) and a maximum charge of Two Hundred Fifty Dollars ($250.00).
If any portion of the invoice remains unpaid forty-five (45) calendar days after its original due date, an additional late fee, calculated under the same terms set forth above, shall be assessed.
1.5 Collection Efforts. If any invoice remains unpaid for sixty (60) calendar days or longer after its due date, Delator Group may, at its sole discretion and without further notice, suspend ongoing services, accelerate any outstanding balances owed by Client, refer the account to a third-party collection agency, pursue legal action, or utilize any other lawful means of collection.
Client agrees to reimburse and pay all reasonable costs incurred by Delator Group in collecting any past-due amounts, including but not limited to collection agency fees, court costs, filing fees, service of process fees, investigation expenses related to collection, reasonable attorney's fees where recoverable by law or contract, and any other reasonable expenses incurred in enforcing this Agreement.
The assessment of late fees or the initiation of collection efforts shall not constitute a waiver of any other rights or remedies available to Delator Group under this Agreement or applicable law.
2. Retainers
2.1 Where a retainer is charged, Client understands and agrees that the retainer represents the cost to begin work on the case or matter. The retainer is not payment in full for the entire case, matter, or engagement, and does not represent an estimate, cap, or guarantee of the total cost of services.
2.2 Additional fees, costs, and expenses may be incurred and billed as the engagement progresses, consistent with the scope of work performed.
3. Chargebacks
3.1 If Client initiates a chargeback, dispute, or reversal of any payment made to Delator Group or any of its subsidiaries through a bank, credit card issuer, payment processor, or any other means, Client is legally bound by these Terms to reimburse Delator the full amount of the original invoice.
3.2 In addition to the full invoice amount, Client agrees to pay Delator Group a $500.00 administrative fee to compensate Delator for the time, resources, and expense required to respond to and resolve the chargeback.
3.3 These amounts are due immediately upon Delator's notice to Client and are in addition to, not in lieu of, any other remedies available to Delator at law or in equity.
4. No Guarantee of Results
4.1 Client acknowledges that all services provided by Delator Group and its subsidiaries are circumstantial in nature and cannot be guaranteed in any way. Outcomes depend on factors outside Delator's control, including but not limited to the availability, conduct, and location of third parties, the accuracy of information provided to Delator, and the applicable legal and procedural environment.
4.2 Failure to achieve Client's stated goals within the anticipated timeframe or budget does not entitle Client to a refund, discount, credit, or specialized pricing of any kind.
5. Client Responsibility and Indemnification
5.1 By engaging Delator Group or any of its subsidiaries to perform any service, Client accepts full responsibility for the legality and propriety of the request made to Delator as well as any material provided to Delator for the purpose of an engagement, these include but are not limited to: Paper documents, electronic files, physical items, or any other form of material which the client deems relevant to the engagement, and provides to Delator. Client agrees that causing Delator to unknowingly undergo exposure by the client of any illegal or illegally produced material, will automatically initiate a “Hazard Protocol”. In which client agrees to pay Delator in the amount of twenty thousand (20,000) US dollars per day, this being each individual day in which Delator was unknowingly exposed to, or in possesion of said material. Measurement of days in this case being any amount of time within day, not per 24 hour period.
5.2 Client agrees to fully indemnify, defend, and hold harmless Delator Group, its subsidiaries, affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any allegation that the services requested or performed were illegal, or in conflict with any static or ongoing legal statute, regulation, ordinance, or dynamic of which Delator Group may not have been aware at the time services were requested or rendered.
6. Limitation of Liability and Hold Harmless
6.1 Client fully understands and agrees that Delator Group and its subsidiaries are held absolutely harmless, in every respect, for any form of damage, loss, or harm occurring to evidence, materials, property, persons, or anything else, arising during or in connection with the duration of the contracted engagement with Delator.
6.2 This limitation applies regardless of the theory of liability asserted, including negligence, and to the fullest extent permitted by applicable law.
7. Binding Effect and Acceptance
7.1 Client understands that these Terms are legally binding. By engaging Delator Group or any of its subsidiaries in any capacity, Client affirmatively agrees to be bound by these Terms in their entirety.
7.2 These Terms shall be linked or otherwise referenced on every invoice issued by Delator Group or its subsidiaries. Client's failure to open, access, or review the linked Terms does not constitute grounds for Client to later claim that the Terms were not presented, made available, or disclosed. Access having been made available satisfies presentation of these Terms regardless of whether Client actually opened or read them.
8. General Provisions
8.1 Entire Agreement. These Terms, together with any signed engagement letter or agreement executed between Client and Delator, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, whether written or oral.
8.2 Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
8.3 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles.
8.4 No Waiver. Delator's failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or of any other provision.
8.5 Assignment. Client may not assign or transfer any rights or obligations under these Terms without Delator's prior written consent. Delator may assign these Terms to any successor, affiliate, or subsidiary without Client's consent.
8.6 Survival. The provisions of Sections 1 through 6 shall survive the completion, termination, or cancellation of any engagement between Client and Delator.
By engaging Delator Group or any of its subsidiaries or affiliates, Client acknowledges having read and agreed to these Terms of Service in their entirety.