Applicant certifies that the above information is true and correct, also represents and agrees that:
- Fee Schedules
Customer acknowledges receipt and review of FL Standard fee schedules as modified from time to time. Additional schedules will be supplied to a customer at any time upon request. Customer accepts and acknowledges all invoices and statements as correct unless notice is given to FL within fifteen (15) days of presentation.
- Payment Terms
All invoices are due and payable upon presentation. Statements are generally issued semi-monthly. ALL fees and charges are based upon prompt payment. A service charge/price adjustment in an amount equal to 0.75% per semimonthly billing period may be charged with respect to amounts not paid to the end of the next semi-monthly period, including unpaid service charge/price adjustments. FL reserves the right to (i) defer imposing such service charge/price adjustments at any time and from time with respect to any or all amounts due. Failure to include such charges of any statement(s) shall be considered as a deferral and not as a waiver of such charges, regardless of the length of deferral or number of statements. Waiver of such charges will be made in writing only.
- Limitation of Liability
In the event of any failure of FL to properly or timely perform instructions given, FCS’s and FL’s responsibility shall be limited to correcting any defects in performance or redoing the assignment. FL’s liability for any direct economic damage incurred as a result or any breach, failure, act or omission of FL, its employees, subcontractors or agents in connection with services performed shall not exceed the greater of (i) elimination or reimbursement of that portion of any FL charges for the services improperly or not performed or (ii) $100.00 per invoice, whether or not such damages result from the negligence of FL, it’s employees, subcontractors or agents. Under no circumstances shall FL be liable for incidental or consequential damages, lost profits or loss of income, regardless of the amount, cause or foreseeability therefore. Any waiver of this limitation by FL at any time with respect to any claim shall not constitute a waiver of such limitation at any other or with respect to any other asserted claim.
- Attorney’s Fees
In the event legal action is necessary to collect any or all amounts due FL for services rendered, the prevailing party shall be entitled to reasonable attorney’s fees and costs to be paid by the losing party.