Client Services Agreement
Client Services Agreement
This Client Services Agreement (this “Agreement”), is entered into by and between the client identified in the signature block below (“Client”) and Biz Head Law LLC (“Law Firm”).
- Scope of Engagement. Client is engaging Law Firm because Client believes it is entitled to a payment in a settled class action lawsuit known as In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (MDK) (JO) (the “Action”). The Action relates to excessive fees charged to businesses for accepting Visa and Mastercard cards in violation of antitrust laws. To obtain a payment from the settlement, class members must submit a valid claim (“Claim”) to the court assigned class administrator, Epiq Class Action & Claims Solutions, Inc. (the “Class Administrator”). Client hereby engages Law Firm to work with the Class Administrator to determine if Client is qualified, and if qualified, to submit Client’s Claim on Client’s behalf.
- Consulting Fees and Payment to Client. In consideration for Law Firm’s services (as specified further below), Client agrees to pay Law Firm a consulting fee of 25% of Client’s gross dollar recovery from the settlement, which Law Firm shall share with any co-counsel Law Firm retains at their discretion to assist in providing the services hereunder. If Client does not qualify for the settlement, or if there is otherwise no recovery, Client shall not be responsible for the payment of any fees or any costs to Law Firm.
- Investigation / Termination for Non-Eligibility. Following Client’s engagement of Law Firm, Law Firm will investigate and confirm whether Client is a class member eligible for Claim submission and payment from the settlement. If Law Firm determines Client is not eligible, or if Law Firm otherwise chooses not to submit a Claim for Client, Law Firm may, at any time, terminate this Agreement. If Law Firm terminates this Agreement, Client will not be responsible for the payment of attorneys’ fees or costs.
- Scope of Engagement / Claim Submission. Client has engaged Law Firm to work with the Class Administrator to determine if Client qualifies for the settlement, and if qualified, to handle the entirety of the Claim submission process on Client’s behalf. Client acknowledges that additional information is available to class members on the Court-approved website, www.paymentcardsettlement.com, and that, although there is no requirement that class members engage a third-party service similar to the engagement outlined herein to participate in any monetary relief, Client nevertheless has selected and engaged Law Firm to handle Client’s Claim. Client also understands the Class Administrator and the Rule 23(b)(3) Class Counsel (“Class Counsel) are available at no cost to Client for assistance with understanding and filing Client’s Claim during the claims-filing period. Notwithstanding such availability, Client prefers to have Law Firm coordinate communications with the Class Administrator. Client grants Law Firm full, complete, and exclusive authority to communicate with the Class Administrator on Client’s behalf. Client authorizes Law Firm to instruct the Class Administrator to send Client’s Claim form to Law Firm on Client’s behalf (in lieu of the Claim form being sent to Client) to eliminate the possibility Client fails to receive or review the Claim form, and to ensure Client timely submits a completed Claim. Client authorizes Law Firm to prepare, complete, and submit Client’s Claim to the Class Administrator and to communicate as necessary with the Class Administrator about Client, Client’s Claim, and the Claim process. Law Firm may respond to any follow-up requests from the Class Administrator or others for additional information or documentation necessary to substantiate Client’s Claim or to support the amount of the proposed Claim payment amount. Law Firm shall instruct the Class Administrator as to where and by what means (check or wire) to send Client’s Claim payment proceeds. Law Firm has the authority to sign Client’s signature on any document needed to present or support the Claim to the Class Administrator, or on any check issued to Client for Client’s Claim payment proceeds for purposes of distributing Client’s share and Law Firm’s fees to each accordingly.
- Client’s Payment. Client Acknowledges that Client’s payment will be a pro rate share of the remaining money in the settlement fund after payment of Class Counsel’s attorneys’ fees and costs, Settlement Administration costs, service awards to the Action’s class representatives, and payments allocated to those class members who opted-out of the settlement. It is not possible to know the amount of Client’s payment until all valid claims for all class members are submitted. It is the intention of the Parties to have the Class Administrator pay Client directly for its share of the settlement proceeds (after deduction of attorneys’ fees) and to pay Law Firm directly for its consulting fees. Client agrees this Agreement shall serve as an instruction to Class Administrator to make payments in that fashion. However, in the event the Class Administrator pays Law Firm for the full amount of Client’s settlement and the payment is in the form of a check in Client’s name, Client gives Law Firm power of attorney to endorse the Client’s name on the check and authorizes Law Firm to deposit the check in Law Firm’s account, for Law Firm to retain its consulting fees, and to issue Client’s payment to Client. In the event a check or electronic payment for the full amount of the settlement is sent directly to Client from the Class Administrator, Client agrees to, within five (5) business days, deliver Law Firm its full consulting fees by check, ACH payment or wire transfer.
- Obligation for Payment of Consulting Fees if Client Terminates. Client shall have three (3) business days from the date this Agreement is signed to terminate the Agreement. Client will owe Law Firm nothing if termination is timely made. Cancellations must be made by email. Following three (3) business days, Client shall be bound by the terms of this Agreement, including its commitment regarding payment of consulting fees.
- Limited Engagement & Legal and Tax Advice Excluded. Law Firm is only engaged for eligibility confirmation and Claim submission and for no other purpose. Law Firm’s engagement does not include any legal or tax advice, including advice relating to the effect of submitting the Claim in the Action or the taxable consequences of receiving payment from the settlement.
- Association of Additional Counsel. Law Firm shall have the option to associate with lawyers, law firms, accountants, and/or consultants; provided that, Client will not have to pay any additional fees to such third parties.
- Duties of Client. Client agrees to cooperate fully with Law Firm during the course of engagement, to advise Law Firm fully of all pertinent matters, and to provide truthful and accurate information to the best of Client’s knowledge. Client agrees to keep Law Firm informed to Client’s current mailing address, email address, and telephone number, and in the event any of them change, to email Law Firm with the new contact information. Law Firm and Client both agree to be available, upon reasonable request of the other, for telephone calls or email conversations to discuss the settlement, Claim process, or the engagement.
- Client’s Representations and Acknowledgements. Client acknowledges it has not submitted a Claim on its own behalf nor has Client retained any other party to submit a Claim on its behalf. Client represents that it will not submit its own Claim in the future unless this Agreement is terminated in writing by Law Firm. Client acknowledges it will not assign an agreement with any other party in the future unless this Agreement is terminated in writing by Law Firm. In the event Law Firm learns Client has submitted its own Claim, or there is a duplicative engagement by Client of another party, Client agrees this Agreement with Law Firm shall supersede Client’s own submission or any other agreement entered into with any other party, regardless of when the submission was made or the agreement entered. Client authorizes Law Firm to use this Agreement as evidence that it intends for Law Firm and Law Firm only to handle its Claim. Client represents that its interest in the Action, including its right to the processed of the Claim, have not been sold, assigned, or conveyed to any other person or entity, and that the individual signing this Agreement for Client has the authority to execute and bind Client to the obligations hereunder. Likewise, in the event the Client is a dissolved entity, the individual signing this Agreement for Client acknowledges the signor if the rightful and lawful successor in interest to the entity entitled to receive the payment under the settlement and that no other party has claimed or is claiming entitlement to some or all of the payment. Client also represents that it is not a debtor in any current bankruptcy. Client acknowledges that Law Firm is providing value in this matter by using their experience and knowledge to ensure Client’s Claim is properly submitted at an early stage and to ensure that Client’s Claim is filed correctly and timely.
- Sworn Statement. To support the Claim, Client may be required to sign a sworn statement under penalty of perjury. Client authorizes Law Firm to make that sworn statement and sign on its behalf. By signing this Agreement, the individual signing for Client is signing under the penalties of perjury that the information submitted to Law Firm in connection with its eligibility for Claim submission is true and accurate, including that the signor has full authority to sign for Client, the company tool Visa and/or Mastercard as a form of payment between 2004 and 2019, that Client did not file for bankruptcy at any time, and that Client has not assigned its right to the proceeds from the settlement.
- Client Attestation. Client hereby attests and confirms that they accepted payments via Visa and/or Mastercard between January 1, 2004, and January 25, 2019. Client Initials: _________
- Confidentiality. The Parties agree to keep the terms of this Agreement confidential between each other, with the exception that the Parties may share the Agreement with the Class Administrator, Class Counsel, or the Court.
- Total Agreement. This Agreement represents the total agreement between Client and Law Firm regarding consulting fees and other terms involving Client’s engagement of Law Firm. Any modifications, additions, or other changes to this Agreement shall be made only in writing and signed by Client and Law Firm.
- Governing Law. This Agreement shall be governed by the laws of the State of Illinois, without regard to its conflict of laws and principles. If any term of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in effect.
- Dispute Resolution: Jury Trial Waiver. If Client and Law Firm are unable to amicably resolve in good faith any dispute between them arising out of, or in connection with, this Agreement, the dispute shall be settled by arbitration under the Rules of the American Arbitration Association at a location in Cook County, Illinois and Client and Law Firm shall share equally in the costs of the arbitration. Judgment on any arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Client and Law Firm agree that Illinois law applies in the determination and adjudication of the Parties’ rights, responsibilities, and obligations in any such dispute. Client may consult an attorney to evaluate this arbitration requirement. By entering into an agreement that requires arbitration as the way to resolve certain disputes, Client waives the right to go to court to resolve those disputes by a judge or jury.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first written above.
Biz Head Law LLC
By:
Name: Kevin Chern
Title: Member
1051 W. Cornelia Avenue, 3rd Floor
Chicago, IL 60657
Visa / Master Card Interchange Fee Settlement 3rd Party Filer Authorization Form
I, the undersigned merchant (“Merchant”), hereby authorize Biz Head Law LLC and any co counsel Biz Head Law LLC retains at their discretion (collectively, “Law Firm”) to act on my behalf as the 3rd party filer in matters related to the submission of my claim in the settled class action lawsuit known as In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation MDL No. 1720 (MDK) (JO) (the “Action”).
I authorizes Law Firm to:
- Communicate with the court-assigned settlement administrator Epiq Class Action & Claims Solutions Inc. (the “Class Administrator”) on my behalf.
- Instruct the Class Administrator to send my claim form to Law Firm on my behalf. 3. Prepare, complete, and submit my claim to the Class Administrator.
- Respond to any follow-up requests from the Class Administrator or others for additional information or documentation necessary to substantiate my claim.
- Sign my signature on any document needed to present or support the claim to the Class Administrator or on any check issued to me for my claim payment proceeds for purposes of distributing my share and Law Firm’s fees accordingly.
- Instruct the Class Administrator as to where and by what means (check or wire) to send my claim payment proceeds.
I understand that this authorization will remain in effect until the conclusion of the settlement process or until I provide written notice to terminate this authorization. I further attest that I have the signatory authority to bind the Merchant to this authorization
Merchant By: ___________________________________
Printed Name: __________________________________
Business Title: __________________________________
Email Address: __________________________________
Cell Phone Number: ______________________________
Company Name: _________________________________
Business Tax ID (TIN / EIN): _______________________
Date: _______________________