Generally: Phenix’ work is performed subject to these standard Terms and Conditions of Service. They are legally binding and may affect Client’s substantial rights. They include certain rights and damages releases, waivers, disclaimers and limitations. By engaging Phenix, Client agrees to them. Client also agrees that any information it provides to Phenix is true and correct to the best of Client’s knowledge based on reasonable investigation. Phenix’ work is performed using legal methods to obtain information which may include the search of public records, creditor information, insurance records, application information, vendor records, databases, other third party information, surveillance, and other methods. Phenix utilizes in-state licensed investigators where required. These Terms and Conditions of Service may be modified only by a writing signed by an officer of Phenix.

Payment: Unless otherwise agreed in writing by an officer of Phenix, Client agrees to pay Phenix on a time (hourly) and costs incurred basis. Client shall pay all Phenix invoices in full within thirty (30) days of their issuance by Phenix. Invoices not paid in full within thirty (30) days of their issuance shall bear interest at the rate of one and one-half percent (1%) monthly.

Release/Waiver/Disclaimer of Representations and Warranties: To the fullest extent allowed by law, and only to that extent, Phenix disclaims, and Client releases and waives, all representations and warranties of any nature in any way arising out of or related to Phenix’ services other than those contained expressly in these Terms and Conditions of Service.

Rights and Damages Releases/Waivers/Disclaimers/ Limitations: To the fullest extent allowed by law, and only to that extent, Phenix disclaims, and Client releases and waives, all claims, liability and damages of any nature in any way arising out of or related to Phenix’ services, whether in contract, tort (including for negligence or strict liability), under statute, or otherwise. In addition, in no event shall Phenix’ liability for damages exceed the amount Client actually paid for Phenix’ related services, and in no event shall Phenix be liable for any incidental or consequential damages.

Jurisdiction and Arbitration of Disputes: Client has 30 days to dispute any billing or work. Client irrevocably agrees that jurisdiction and venue in all disputes of any nature in any way arising out of or related to Phenix’ services shall be, exclusively, in Marion County, Indiana and governed, exclusively, by Indiana law without regard to any choice of law rules. Client also agrees that all such disputes shall be subject to binding arbitration under the rules of the American Arbitration Association then in effect; provided, however, that any claims by Phenix for non-payment by Client or for indemnity or contribution from Client may be prosecuted in civil court. Client acknowledges that by agreeing to binding arbitration it may be waiving its rights to trial by jury. In the event Phenix initiates any collection or other legal action against Client (including any arbitration proceeding), Client agrees to pay all related, reasonable, attorneys fees, court costs and other costs of suit.