Legal Plan Agreement
Last Updated: 05/06/2020
This Agreement is effective as of the date you accept its terms by purchasing a Legal Plan membership or accepting a free trial thereof (the “Effective Date”), at which point you accept the following terms, conditions, limitations, and requirements. Please read this Agreement carefully, because its terms are legally binding.
- Legal Plan Membership. A Legal Plan membership begins on the Effective Date and continues until terminated under the terms of this Agreement. RapidVisa reserves the right to accept or refuse the purchase of a Legal Plan, in our sole discretion.
This Agreement and the Plan Benefits defined below may not be transferred or assigned; provided, however, that a Primary Member’s coverage shall extend to his or her Eligible Family Members, as defined below (together with the Primary Member, each a “Plan Member” and collectively the “Plan Group”). Each Plan Member is bound by the terms, conditions, limitations, and requirements of this Legal Plan.
The “Primary Member” is the individual seeking a prospective U.S. immigration benefit under this Legal Plan (typically referred to by relevant government agencies as the “beneficiary” or “applicant,” depending on the relevant government form).
“Eligible Family Member” means:
(i) Any U.S. citizen or lawful permanent resident family member seeking to sponsor the Primary Member for a prospective U.S. immigration benefit under this Legal Plan (typically referred to by relevant government agencies as the “sponsor” or “petitioner,” depending on the relevant government form).
(iii) Any other member of the Primary Member’s household who qualifies as a derivative beneficiary for prospective U.S. immigration benefits under this Legal Plan, as defined by the Immigration and Nationality Act (“INA”) as of the Effective Date of this Legal Plan.
- Legal Plan Benefits. Membership in a Legal Plan provides the following benefits (collectively, the “Plan Benefits”):
- Immigration Consultations. Scheduled fifteen (15) minute consultation(s) with a Plan Attorney (defined below) via telephone, email, chat, or other available electronic means, during the Plan Attorney’s normal business hours, about other U.S. immigration matters that affect Plan Members. Limit one (1) consultation per individual matter.
Your Plan Attorney is not required to help with any other part of your immigration needs or any other legal questions or problems, unless separately and directly retained by you to do so.
- Plan Attorneys. RapidVisa is not a law firm and does not provide legal services. The attorneys who provide Plan Benefits to Plan Members (“Plan Attorneys”) are not RapidVisa employees. Plan Attorneys are third-party independent contractors. Plan Attorneys have agreed to provide limited-scope legal services to Plan Members as defined in the Plan Benefits. Plan Attorneys shall exercise their independent, professional judgment when providing Plan Benefits, without direction, influence, or control by RapidVisa. Plan Attorneys providing legal services under the Legal Plan shall not be required to act in derogation of their professional responsibilities. Plan Attorneys are solely responsible to the Plan Member for all legal services provided and for maintaining the attorney-client relationship. Plan Attorneys have represented to RapidVisa that they are licensed attorneys and qualified to provide such services. RapidVisa is not a law firm and cannot provide a guarantee as to the accuracy or efficacy of the attorneys’ advice or services.
Your Plan Attorney must act in your best interest and give you competent assistance. However, the Attorney’s representation of you is limited to the Plan Benefits described above, and no more. The Plan Attorney will not perform any additional legal work for you, such as filing your documents or representing you in a proceeding before a court or government agency, including United States Citizenship and Immigration Services (USCIS), unless the Plan Attorney is separately and directly retained by you to do so.
- Plan Benefits Are Limited Scope Legal Services
The Plan Attorney will be relying entirely on the facts, information, and documents you provide. The Plan Attorney will not make any independent investigation of your facts or information, or the authenticity of any documents you provide. It is therefore extremely important that you are completely truthful as to any information you provide when completing any forms and consulting with the Plan Attorney.
RapidVisa and the Plan Attorney cannot and do not promise a favorable result in any immigration matter.
- Exclusions; Conflicts.
Plan Benefits do not include consultations, document review, or other legal services on any legal matters not directly related to a Plan Member’s U.S. immigration matter, including but not limited to financial, tax, or estate advice or planning.
- Without limitation, the following items and matters are expressly excluded from and not included within Plan Benefits, including telephone or electronic consultations, unless otherwise expressly agreed between you and the Plan Attorney in a separate, written attorney-client agreement:
- Any matter that exceeds the limited scope of the Legal Plan, including but not limited to a Plan Attorney’s appearance as representative before the U.S. Department of Homeland Security, Board of Immigration Appeals, or U.S. immigration courts;
- Any action that directly or indirectly involves RapidVisa or any of its affiliates, directors, agents, or employees;
- Any adversarial action by a Plan Member that directly or indirectly involves any other Plan Member in any Plan Group;
- Any matter involving the laws of jurisdictions outside of the United States or its subdivisions; and
- Any case matter or requested service that is determined by the Plan Attorney to lack sufficient merit to warrant pursuit, or that the Plan Attorney decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
- If the interests of the Primary Member of a Plan Group are adverse to those of another Plan Member in that same Plan Group, only the Primary Member is entitled to receive the applicable Plan Benefits.
- Not Insurance. This Legal Plan is not an insurance policy, a contract for insurance, an indemnification insurance plan, or insurance of any kind. RapidVisa is not an insurance company and this Legal Plan does not guarantee legal representation in every situation. The Legal Plan provides Plan Members access to free, discounted, and/or flat-rate legal services from participating Plan Attorneys as defined above.
- General Practices. RapidVisa may establish general practices and limits concerning use of its Legal Plan, including without limitation imposing a reasonable maximum limit of Plan Attorney consultations and consultation time you may receive within a given period of time related to one or all legal matters.
- Right to Change Practices. RapidVisa reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, consistent with any current ethical obligations owed you by your Plan Attorney. You have the right to cancel your membership and receive a refund should we materially decrease the Plan Benefits available to you during the remaining portion of your membership.
- Responsibility for Misuse. You are responsible for all expenses incurred or other actions that may occur through your use of your Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of your Legal Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- Legal Plan Membership Fees. You will be charged Legal Plan membership fees (“Membership Fees”) in accordance with the billing terms in effect at the time of your initial purchase, unless you are notified of a fee change in accordance with Section 9 (Fee Adjustments) below. If you elect to pay your Membership Fees in full upon purchase (as opposed to paying in monthly installments), you agree that for any renewal term for such Legal Plan, the amount due for the renewal term will be due and immediately payable in full as of the first day of that renewed term. YOU WILL REMAIN RESPONSIBLE FOR AND WILL BE CHARGED MEMBERSHIP FEES EVEN IF YOU DO NOT USE THE PLAN BENEFITS OR SPEAK WITH AN ATTORNEY DURING THE TERM OF YOUR MEMBERSHIP, UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED PURSUANT TO THE TERMS OF THIS AGREEMENT. For more information regarding canceling your Legal Plan membership, see the “Termination or Cancellation” section below.
- Billing. You are required to provide valid credit card information at the time you purchase a Legal Plan membership.
YOUR LEGAL PLAN MEMBERSHIP WILL RENEW AUTOMATICALLY AT THE END OF THE INITIAL TERM AND AT THE END OF EACH RENEWAL TERM THEREAFTER (IF APPLICABLE) UNLESS AND UNTIL YOU GIVE NOTICE OF YOUR INTENTION TO TERMINATE YOUR LEGAL PLAN MEMBERSHIP PURSUANT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT GIVE US SUCH NOTICE, YOUR CREDIT CARD WILL BE CHARGED FOR THE RENEWAL TERM OF YOUR LEGAL PLAN SUBSCRIPTION ON THE FIRST DAY OF YOUR RENEWAL TERM (THE “BILLING DATE”). Unless otherwise notified in advance by RapidVisa pursuant to this Agreement, the Membership Fees for any renewal term will be equal to the original Membership Fees for the Legal Plan.
You agree to pay RapidVisa the Membership Fees associated with your Legal Plan membership. Discounts may be available for members paying for multiple months up front, as part of certain promotional offers which may include additional terms and conditions presented with the offer, or where limited by law. A schedule of Membership Fees for Legal Plan memberships is set forth on the RapidVisa website at LINK.
- Notice of Automatic Renewal. We will send a reminder email to the email address of record for your account approximately one week before your Billing Date. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of RapidVisa to send the reminder email does not create any liability on the part of RapidVisa or any third-party service provider.
- Promotional Trial Memberships. We may make available Legal Plan memberships on a trial basis. Except as otherwise set forth in this Agreement or as stated in the applicable promotional offer, trial-basis memberships are subject to all the terms of this Agreement. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CONTACTING RAPIDVISA AS SET FORTH BELOW IN THIS AGREEMENT, YOUR LEGAL PLAN MEMBERSHIP WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL TERM.
- Fee Adjustments. RapidVisa may change its Membership Fees for any Legal Plan membership effective the first day of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to Section 10, you shall be deemed to have accepted the new Membership Fees for that renewal term and any subsequent renewal terms (unless the Membership Fees are increased in the same manner for a subsequent renewal term).
- Termination or Cancellation.
- By RapidVisa.
- If payment is not made on the Effective Date or the renewal Billing Date, as described in Section 8 above, you will have a grace period of thirty (30) days from your Effective Date or renewal Billing Date (in Texas and Massachusetts, this grace period will be thirty-one (31) days) to correct the credit card information on file and post a payment to your account.
- Your right to use a Legal Plan membership is subject to any limits established by RapidVisa or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, RapidVisa reserves the right, in its sole and absolute discretion, to suspend or terminate your access and account, thereby terminating your Legal Plan and all obligations of RapidVisa hereunder, subject to the grace period described above. If a charge made to your credit card is declined, RapidVisa may make up to five (5) attempts to bill that card over a thirty (30) day period.
- If you wish to reactivate your account after such termination, there will be no setup or reactivation fees; provided, however, accounts terminated for non-payment will be reactivated only on receipt of the full amount past due and a written request to reinstate the account. When an expired account is reactivated, the new term begins on the date of reactivation.
- By Primary Member.
- You may terminate this Agreement and your Legal Plan membership for convenience within ten (10) days following the Effective Date (the “Revocation Period”). In the event of any such termination, RapidVisa will refund to you any prepaid Membership Fees. If you have not communicated with a Plan Attorney and have not otherwise received any Plan Benefits within the Revocation Period, this Agreement shall be void from the beginning and the parties shall be in the same position as if this Agreement had not been entered into.
- Following the Revocation Period, you may terminate this Agreement and your Legal Plan membership for convenience. Any such termination will become effective at the end of the then-current Legal Plan membership term, and you will remain responsible for all Membership Fees up through the effective date of termination. By way of example, if you purchase a Legal Plan membership with a three month term, and you elect to terminate this Agreement for convenience 30 days into the membership term, you will remain responsible for Membership Fees for the entire three-month term.
- You may also terminate this Agreement if RapidVisa breaches a material term of this Agreement and fails to cure the breach within 30 days following its receipt of notice of breach from you. Any such termination will become effective upon RapidVisa’s receipt of notice of termination, and RapidVisa will refund you a pro-rata portion of the Membership Fees previously paid for the period remaining following the effective date of termination.
- You may terminate this Agreement and your Legal Plan membership by emailing us at EMAIL ADDRESS or by calling us at PHONE NUMBER.
- Services after Termination. After termination of your Legal Plan membership, either by you or by RapidVisa, you will not be able to access the corresponding Legal Plan offerings; provided, however, that any access rights to a Legal Plan granted you through a separate channel (e.g., through another Legal Plan membership) will remain in full force and effect unless and until separately terminated or canceled.
Notwithstanding the foregoing, any Primary Member or Eligible Family Member has the right to file a complaint with his or her state’s bar association concerning the conduct of a participating Plan Attorney under the Legal Plan.
- Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from RapidVisa or a Plan Attorney is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
- Notices. Except as otherwise agreed in a writing signed by both Parties, all notices required or permitted under this Agreement will be in writing, will reference this Agreement, and will be deemed given: (i) when delivered personally; (ii) one (1) business day after deposit with a nationally-recognized express courier, with written confirmation of receipt; (iii) three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) when delivered via electronic mail. All such notices will be sent to the addresses set forth below or to such other address as may be specified by either Party to the other Party in accordance with this section.
- Waiver. No waiver by either Party of any breach or noncompliance by the other Party hereunder shall be construed as a waiver of any future breach.
- Entire Agreement. This Agreement contains all of the covenants and agreements between the parties. Each Party acknowledges that no representations, inducements or agreements, oral or otherwise have been made by any Party or anyone acting on behalf of any Party, which are not embodied or referred to herein, and no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if in a writing duly executed by all Parties to this Agreement.
- Severability. If any provision of the Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or any other jurisdiction and the Parties shall reform that provision to the extent necessary to enforce it and preserve the Parties’ original intent, failing which, it shall be severed from the Agreement with the balance of the Agreement continuing in full force and effect.
- Assignment. RapidVisa may assign any or all of its rights and/or obligations under this Agreement to any related or subsidiary entity upon thirty (30) days’ written notice to Primary Member.
- Applicable Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Washington, without regard to principles of conflicts of law otherwise applicable to such determination; provided, however, this in no way shall prevent the application of federal law where applicable.
- Consent. I have read this Agreement and understand it. By clicking on the “I agree” box, I indicate my consent to the terms of this Agreement, agree that the Attorney Services described above are the only legal services to be provided by the Plan Attorney, and further agree that the Plan Attorney is not required to assist or represent me in any further or other legal matters.
By consenting to the terms of this Agreement, I expressly grant RapidVisa permission to receive, store, forward, and review communications between myself and the Plan Attorney, solely for the purpose of facilitating such communications and the Plan Attorney’s services under this Agreement. I understand that RapidVisa has agreed to keep such communications and the information contained therein confidential to at least the same level of privacy as required by the Plan Attorney under the laws and rules governing the Plan Attorney’s communications with me.