Legal Efile Forms

Electronic Filing Authorization and Agreement

This Electronic Filing Authorization and Agreement (the Agreement) is entered into as of , by and between Client Name: , Client Address: and E-Filing Provider Name: , Provider Address: .

Recitals

WHEREAS, Client requires secure electronic filing and service of court and administrative documents and related processing services; and

WHEREAS, Provider maintains systems, accounts and expertise for electronic filing, docketing, and related transmission to courts and agencies and is authorized to act as agent for such electronic transmission upon Client's instruction; and

WHEREAS, the parties desire to set forth the terms under which Provider will file, serve, and manage Client's electronic filings.

NOW THEREFORE

In consideration of the mutual covenants set forth herein, the parties agree as follows:

1. Definitions

1.1 "Electronic Filing" means the transmission of court or agency documents by electronic means in accordance with applicable filing system protocols. 1.2 "Authorized Document" means any pleading, motion, exhibit, or other filing Client directs Provider to file electronically on Client's behalf.

2. Authorization

Client hereby authorizes Provider to submit Authorized Documents to courts and administrative agencies, to receive electronic notices and filings, and to take such actions as are reasonably necessary to complete the electronic filing process, including payment of filing fees when directed in writing. Provider shall act only upon the specific written or electronic instruction of Client in the form provided in Section 3.

3. Scope of Authority and Instructions

Client shall provide clear and complete instructions for each filing. Instructions may be delivered via authorized secure channels designated by the parties. Client authorizes Provider to prepare, format, and submit documents consistent with court or agency technical requirements. Client must confirm material filings in writing when requested by Provider.

4. Provider Responsibilities

Provider shall (a) make commercially reasonable efforts to file documents in accordance with applicable technical and procedural rules; (b) maintain access credentials and take commercially reasonable measures to protect those credentials; (c) promptly notify Client of any rejection, error, or notice received from a court or agency; and (d) maintain logs of transmissions evidencing submission attempts and responses.

5. Client Responsibilities

Client shall ensure the accuracy and completeness of all documents submitted for Electronic Filing, timely supply payment information for filing fees when required, and maintain all original signed documents as required by law. Client shall indemnify Provider for claims arising from Client's failure to provide accurate or timely instructions.

6. Fees and Payment

Client shall pay Provider fees for electronic filing services in accordance with the fee schedule agreed by the parties. Provider may advance court or agency filing fees when authorized by Client; Provider will invoice Client for such advances.

7. Confidentiality and Data Security

Provider shall treat documents and information received from Client as confidential and shall implement commercially reasonable administrative, technical and physical safeguards to protect data. Notwithstanding the foregoing, Provider may disclose information as required by law or court order, provided Provider notifies Client to the extent legally permissible.

8. Record Retention

Provider will retain electronic transmission logs and copies of submissions for a period of unless otherwise agreed in writing.

9. Warranties and Representations

Each party represents and warrants that it has the authority to enter into this Agreement and to perform its obligations hereunder. Provider warrants that it will perform services in a professional manner consistent with industry standards but does not warrant acceptance by any particular court or agency.

10. Indemnification

Client shall indemnify, defend and hold harmless Provider from and against any claims, liabilities, losses or expenses resulting from Client's breach of this Agreement, submission of inaccurate documents, or failure to comply with applicable procedural rules. Provider shall indemnify Client for damages resulting solely from Provider's gross negligence or willful misconduct in performing electronic filing services.

11. Limitation of Liability

Except for indemnification obligations or liability resulting from fraud, gross negligence or willful misconduct, neither party shall be liable for consequential, special or punitive damages. Provider's aggregate liability under this Agreement shall not exceed the fees paid by Client to Provider during the twelve (12) months preceding the claim.

12. Term and Termination

This Agreement commences on the effective date and remains in effect until terminated by either party upon days' prior written notice. Termination shall not relieve Client of liability for fees or costs incurred prior to termination.

13. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by notice in accordance with this Section.

14. Amendments; Waiver; Counterparts

No amendment or waiver of any provision of this Agreement shall be effective unless in a writing signed by both parties. A waiver of any breach shall not operate as a waiver of any other or subsequent breach. This Agreement may be executed in counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument.

15. Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and agreements. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Electronic Signatures and Consent

The parties consent to the use of electronic signatures, and agree that electronic records and signatures shall be valid and enforceable to the fullest extent permitted by applicable law. Delivery of an executed counterpart by electronic transmission constitutes effective execution and delivery of the counterpart.

Consent to Electronic Signatures:

Entity Types

Client is (select applicable): Individual Corporation LLC Partnership

Provider is (select applicable): Individual Corporation LLC Partnership

Sign Now