Terms & Conditions *
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, and indemnity obligations. 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 and that all information and documents exchanged between Client and Phenix, including any report(s) provided by Phenix, shall be maintained strictly confidential and secure by Client. 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 will incur a late penalty at a rate of one and one-half percent (1 1/2%) per month of the past due balance.
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/Indemnity: 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 or exemplary damages. Client also agrees to indemnify and hold harmless Phenix for any claims, injuries, liability, losses and damages (including penalties and fines) of any nature which are claimed to or which actually in any way arise out of or relate to Client's transaction with Phenix, Phenix's services and/or these Terms and Conditions of Service and even in the event of Phenix's claimed or actual negligence or other culpable (including intentional) conduct.
Jurisdiction and Arbitration of Disputes: Client has 30 days from the issuance of Phenix’s related invoice 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 Johnson 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.
Certain Financial Information Requests and Certifications: Certain requests for financial and credit information, including money and investment account information, and particularly information pertaining to individuals, may be subject to federal and state and other laws such as the Fair Credit Reporting Act, 15 U.S.C. sections 1681 et seq. and the Graham-Leach-Bliley Act, 15 U.S.C. sections 6801 et seq., 6821 et seq. Such laws generally require that any requests for such information be genuine, restrict the availability of such information to persons having a documented legally permissible purpose for the information, require that any such information be used only for such purposes and for no others, and further require that any such information be maintained strictly confidential and secure. Such laws may also require notification to the subject in any case where adverse employment, credit or other action is taken against the subject. These laws may apply to Client. Please go to www.ftc.gov and/or consult your legal advisor to verify whether such laws apply and, if so, how. To the extent that these laws apply to Client, Client certifies that request for such information is genuine, that Clients has a documented legally permissible purpose for the information as required by law, that Client shall use any such information only for such purposes and for no others, and that any such information shall be maintained strictly confidential and secure.