TELE-COURT TERMS OF SERVICE

Parties To The Contract  Tele-Court, Inc. (“Tele-Court) is  a California corporation.  All agreements, duties, rights and obligations arising from or relating to the arrangement for and/or conduct of a telephonic court appearance constitute a contract (“Contract”) between Tele-Court and any person or entity who seeks to appear and/or appears telephonically before the Court using the Tele-Court system.  The Contract includes any modifications or additional services relating to the Contract.  No other person or entity is an intended beneficiary or third party beneficiary of the Contract, including but not limited to any person or entity on whose behalf the participant may be acting, including employers, partners, law firms or clients, except that funds held on deposit shall be deemed owned by and payable to the law firm or company identified on the account.

Relationship to the Court  No Court is a party to the Contract, and no Court is a necessary party to any dispute arising from or relating to the Contract.  No Court may be named as a party in any legal action arising from or relating to the Contract.  There are no intended beneficiaries or third party beneficiaries to the Contract.  No person or entity on whose behalf the participant may be acting as an attorney or other agent is an intended beneficiary or a third party beneficiary of any agreement, license or other relationship that Tele-Court may have any Court in connection with telephonic court appearances, but any person or entity who claims rights, benefit or causes of action arising from or relating to the Contract is bound by it.

Limitation of Liability  The liability of Tele-Court, Inc., and/or its officers, directors, employees, agents, subcontractors and service providers, for any and all damages, including but not limited to any direct, indirect, incidental or consequential damages, arising from any breach of the Contract or any other legal obligation,  duty of care or statutory obligation that arises from or relates to the Contract and/or its performance or non-performance, is limited to an amount equal to the fee for service, if any, that is received by Tele-Court for the subject telephonic appearance.  The foregoing limitation applies to any and all damages, including any caused in whole or in part by the intentional, willful or negligent conduct of Tele-Court and/or its officers, directors, employees, agents, subcontractors and/or service providers.  In the event Tele-Court does not receive a payment or is not entitled to be receive payment for the subject appearance or conduct at issue, Tele-Court would have no monetary liability.  In the event of a legal action arising from or relating to the Contract, no party shall be entitled to recover attorney’s fees, and no party shall be entitled to recover punitive or exemplary damages.

Indemnification  Participants shall indemnify, defend and hold harmless Tele-Court, Inc., any Court, and any Judge, as well as the officers, directors, employees, agents, subcontractors or service providers of any of the foregoing, from any claims made by third parties arising from or relating to the Contract and the performance or non-performance thereof.

Governing Law, Venue, Severability  This Contract is governed by the law of the State of California.  The exclusive venue for any action arising from this Contract shall be San Diego County, California.  If any portion of any provision of this Contract is found to be invalid and/or unenforceable, then the invalid and/or unenforceable portions shall be deemed severed from the contract and the remainder of the Contract enforced according to its terms

Pricing  The Contract incorporates by reference the pricing, and only the pricing, that is required under Tele-Court’s agreement, license or contract with the pertinent Court system, if any, pursuant to which Tele-Court is providing telephonic appearance service to Participant.  Tele-Court's agreement, license or contract with any Court system is not part of this Contract.

Fees For Telephonic Appearance Service  Unless offered on a flat rate basis, Tele-Court’s fees for telephonic appearance services generally include two components: a price per participant appearance fee and a connection fee.  Each Participant pays the sum of both for each case in which he or she makes an appearance.  Thus, for example, in a court where the per participant fee is $15, a telephonic appearance that lasts twenty minutes would cost each Participant attorney $20.00, that fee being comprised of the per participant appearance fee of $15 plus the connection fee of $5.00 (20 minutes times $0.25 per minute).

“Participant” is a person for whom an appearance is scheduled or who makes an Appearance utilizing the services of Tele-Court.  The Court is not deemed a Participant for purposes of the pricing schedule.

“Price Per Minute” is the connection fee charged to each Participant for telephone line connection time.  Connection time is measured from the time the Participant initially connects to the Tele-Court’s conference system via the telephone to the time the Participant finally disconnects.  Short Periods of disconnection, for any reason, may be included in the connection time without adjustment.  If a Participant makes more than one Appearance during a single connection or a related series of connections, the Price Per Minute billable for the connection time will be divided and allocated equally among the various Appearances.   Thus, for example, an attorney who makes three Appearances in three cases over the course of a single thirty minute connection would be billed ten minutes of connect time for each case.  As discussed below, however, the attorney would pay three per participant appearance fees.

Connection time includes the time associated with delay waiting for the case to be called.  Where the court is running substantially behind schedule, Tele-Court may make arrangements for the convenience of the Participant to allow the Participant to hang up and have Tele-Court dial the Participant back in sometime later when the case is closer to being called.  Since the Tele-Court operator must continue to monitor proceedings during this time, the billed connection time will include such periods of disconnection.

“Per Participant Appearance Fee” is the fee charged for each person who makes an Appearance.  An “Appearance” is the direct or indirect connection of any person to the courtroom through Tele-Court.  The fee is payable in connection with persons who are merely identified as present and listening to the call through the Participant’s connection.

The Price Per Participant Appearance Fee is payable if the Participant connects to the courtroom via Tele-Court on the day of the hearing, even if the result of the connection is simply to be advised that the matter has been continued to another date or is otherwise off calendar.  A continuance to a time later in the same day is not considered a separate Appearance, however, a continuance to another day constitutes a separate Appearance necessitating a the calendaring of a new item and the payment of an additional Price Per Participant.

The Price Per Participant Appearance Fee is payable for each separately identifiable person making an Appearance through a connection arranged by the Participant.  A Participant who permits any other person to make a speaking or non-speaking Appearance using the Participant’s connection (including made through the use of a speakerphone or other telephone conferencing systems), is responsible for the payment of the Price Per Participant appearance fee for all such other persons.  A Participant may, however, allow another person to make an Appearance completely in lieu of the Participant without additional charge.

The Price Per Participant is payable for each separately identifiable case, however, cases that are consolidated or coordinated by the Court are deemed a single case.  Thus, for example, an attorney who makes Appearances in three cases over the course of a single thirty minute connection would pay the Price Per Participant appearance fee three times.  As previously noted, however, the Price Per Minute for the thirty minute connection would be divided equally, for billing purposes, between the three cases.

To encourage the use of its system, Tele-Court does not presently impose any fee in circumstances where the Attorney schedules to appear telephonically and then elects to appear personally without cancelling the telephonic reservation.  In order to ensure orderly calendaring and efficient scheduling, Tele-Court reserves the right to impose a fee equal to the Price Per Participant Appearance if the reservation is not cancelled by some reasonable deadline between the deadline for making the reservation and the hearing date.  In the event that the imposition of such fees is deemed appropriate by Tele-Court, Participants will be informed of such billing practices at the time of the reservation.