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 agree to use products and services under the name of bkquestionnaire.com as a product name.
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
The Law Firm agrees to and understands BK Assistant, Inc., stores the client information for 24 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 24-month 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 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.
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.
At the time of 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.
BK Assistant, Inc. and the Law Firm agree to the following terms, currently the price for the 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 is in the subscription types of portions 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 are billed to the Law Firm monthly, on 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.
Currently as of this contract we have 5 different types of subscriptions. Standard, Premium, Premium Plus, Black label & Ultimate.
A Standard subscription is a standard subscription that includes all standard features of the website only.
A Premium subscription is all standard subscription features plus document concierge, an additional year of storage from 2 years to 3 years and discounts for payroll assistant and bank statement assistant.
A Premium Plus subscription is all standard & premium subscription features plus, full concierge service of documents & questionnaire.
A Black Label subscription is all standard subscription features, plus: paralegal check, petition preparation system use, and discounted optional payroll assistant.
A Ultimate subscription 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: $69.99 (sixty-nine dollars and ninety-nine cents USD).
Premium Plus subscription: $89.99 (eighty-eight dollars and ninety-nine cents USD).
Black label subscription: $99.99 (ninety-nine dollars and ninety-nine cents USD) for individual use.
Ultimate subscription: $129.99 (one hundred twenty-nine dollars and ninety-nine cents USD) for an individual and $159.99 for a joint questionnaire (one hundred fifty-nine dollars and ninety-nine cents USD).
The Law Firm agrees BK Assistant, Inc. is subject to change pricing at any time 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 currently include Payroll Assistant, as a subscription or one time use. Bank Statement Assistant, as a subscription or one time use. Paralegal Check. 3 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 through Aryle 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).
Bank Statement Assistant: This service is provided by your client logging into their bank accounts through our API with Mastercard/Finicity and your client(s) bank sharing your client(s) bank statements for the last 2 months with BK Assistant, Inc. by and through Mastercard/Finicity 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).
Full Concierge Service: This service is a representative of BK Assistant calls your client on a recorded line. The representative walks your client(s) through filling out the questionnaire and uploading the documents. By asking them the questions contained within the questionnaire selected by the attorney and input the information into the questionnaire for the client. By choosing this service you and your law firm agree to give BK Assistant, Inc. and its representatives access to your clients in order to provide this service. This service is an additional cost depending on the subscription you do or don’t choose starting at $50.00 (fifty dollars and zero cents USD).
Document Concierge Service: This service is a representative of BK Assistant calls your client on a recorded line. The representative walks your client(s) through scanning in the documents in the Apple or Android apps that BK Assistant owns as BK Questionnaire. By choosing this service you and your law firm agree to give BK Assistant, Inc. and its representatives access to your clients in order to provide this service. 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).
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 only included in three subscriptions (Premium, Premium Plus & Ultimate as part of the total price of the subscription you choose).
Import into any Preparation System: In this service you pay to have one of BK Assistant’s representatives manually input the information from the client questionnaire into the preparation system you choose for this service. By choosing this service you and your law firm agree to give BK Assistant, Inc., and its representatives access to your clients to provide this service. This service costs $16.99 (sixteen dollars & ninety-nine cents), this service may cost less as a discount in different subscription packages.
Profit/Loss Assistant: This service is where your client uses Bank Statement Assistant to sign into their Bank Accounts. Then Information sent over from Mastercard/Finicity is calculated and added into profit/loss per month from drop downs from your client(s) and/or you or your firm to complete the profit/loss. Bank Statement Assistant must be purchased to buy this service, which is included in the price. This service is an additional cost depending on the subscription you do or don’t choose starting at $45.99 (Forty-Five dollars and ninety-nine cents USD).
Client Storage: The standard storage plan is for a total of 2 years (24 months). Premium, Premium Plus, Black Label & Ultimate subscriptions extend this time to 3 years (36 months) total storage time.
The Law Firm understands and agrees that this is an API set up to 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 website’s code. The only third-party contact or information is coming from their payroll company to Argyle to bkquestionnaire.com. The third-party contact is from your client’s employer to the software.
The Law Firm understands and agrees that this is an API set up to communicate with their client’s Bank Accounts through API to get all their client’s Bank Statements. The auto import and calculation features are imbedded into the website’s code. The only third-party contact or information is coming from their Bank to Mastercard/Finicity to bkquestionnaire.com. The third-party contact is from your client’s Banking to the software.
The Law Firm understands and agrees that this is an API set up to communicate with their client’s Bank Accounts through API to get all their client’s Bank Statements. The auto import and calculation features are imbedded into the website’s code. The only third-party contact or information is coming from their Bank to Mastercard/Finicity to bkquestionnaire.com. The third-party contact is from your client’s Banking to the software.
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. Credit(s) 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.
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:
Issues arising with State court jurisdiction:
Superior Court of CaliforniaIssues arising with Federal court jurisdiction:
Central District of CaliforniaIf 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.
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. Both parties further agree if any item and/or service offered by BK Assistant and/or bkquestionnaire.com isn’t specifically stated in the contract then the attorney/law firm will only simply be due a refund for any and all disagreements.
Dated:
Attorney Signature: Law Firm Name: Law Firm Address:
BK Assistant, Inc.
By: Michael Croak, President
Address 24881 Alicia Parkway, Suite E497,
Laguna Hills, CA 92653
Phone number: 949.998.0535
Email address: info@bkassistant.net
/s/ Michael Croak
Attorney Name: Email: Law Firm Phone Number: