TOLL FREE +1.855.678.4628TERMS & CONDITIONS
American Arbitration Association - International Centre For Dispute Resolution (AAA-ICDR) Terms & Conditions
This contract (this “contract” or “Agreement”) is by and between Optima Juris LLC (“Optima Juris”) and the user of AAA-ICDR Services (“Contracting Client”), who is purchasing services through Optima Juris LLC’s authorized reseller, the American Arbitration Association (“AAA”). In exchange for the services described herein (“Services”), Contracting Client agrees to pay AAA such fees as determined between AAA and Contracting Client (“Fees”), and Contracting Client will pay AAA directly for such Services.
I. PAYMENT
Contracting Client agrees to pay the total Fees, plus any travel expenses and/or additional charges incurred, within thirty (30) days following the final date of the Services. Contracting Client agrees that transcripts, translations, and/or video copies will be delivered by Optima Juris upon reception of payment in full. If parties have opted to split costs for Services, Contracting Client accepts that it is responsible to pay the entire Fees in the event of non-payment by any other party or parties.
Copyright and title of ownership to transcripts, translations, and/or video copies shall not transfer until full payment is made. In the event of late payment, Contracting Client agrees to be liable for a late payment fee of 10% per month. Any local taxes, if applicable, will be borne by the Contracting Client.
II. CANCELATION AND POSTPONEMENT
The Contracting Client acknowledges that Optima Juris is blocking out specific time based upon a firm commitment from the Contracting Client. The parties agree that the following cancelation/postponement policies are incorporated as part of this agreement.
Once the contract with Contracting Client is signed, the following cancellation/postponement fees will apply and be paid by Contracting Client, plus any out-of-pocket costs already incurred by Optima Juris, including its designated vendors or third-party providers, or the AAA, as the case may be:
| Service | Early cancellation | Last-minute cancellation | Notes |
|---|---|---|---|
| Virtual/Hybrid Hosting & Support Services | For Connect Only service, no fee for early cancellations. For Full-hosted service (full or half-day), if cancelled one business day or more in advance: full refund.
For Full-hosted + Exhibit service: full refund will be issued if cancelled one business day or more in advance, prior to exhibit presentation setup. |
For Connect Only service, no fee for last-minute cancellations, (unless notice of cancellation is not sent in time and Host is left waiting; see notes).
For Full-Hosted service (full or half day), less than one business day in advance: 50% cancellation charge (unless notice of cancellation is not sent in time and Host is left waiting; see notes). For Full-Hosted + Exhibit service, if canceled after exhibit management setup, a $360 cancellation fee will apply to half- day bookings, a $720 cancellation fee will apply to full-day bookings, and a $1,440 cancellation fee will apply to multiple-day bookings. |
If parties cancel a hearing or deposition but do not send notice to Optima Juris, and Optima Juris has a Host sitting and waiting on the hearing or deposition,
then the full amount will be charged for the scheduled service (Connect-only, Full, or Half-day, as scheduled).
Plus any fees related to licensing/use costs for exhibit management software, if applicable. |
| AI-Powered Transcription | 3+ days: full refund | 2 days or less: $200 cancellation charge | |
| Traditional Stenographic Court Reporting | 4+ days: full refund | 3 days or less: appearance fees for all booked date(s) | Plus out-of-pocket expenses, if applicable |
| Interpreters | 8+ days: 50% of total assignment bid | 7 days or less: 100% of total assignment bid | Plus out-of-pocket expenses, if any |
| Document Translation | 6+ days: 50% of total assignment bid | 5 days or less: 100% of total assignment bid | Plus out-of-pocket expenses, if any |
| Concierge Conference Room Bookings | Terms depend on the local cancellation policy of conference room and equipment booked; will be communicated to client on a case-by-case basis. | ||
| Electronic Presentation of Evidence (EPE) | Should the hearing adjourn within 5 days of the anticipated start date and prior to travel, one day of fees plus expenses incurred will be invoiced | If the hearing adjourns after personnel have traveled or are en route to the destination, all days booked will be invoiced; travel time and expenses incurred will be invoiced | Any preparatory services or fees incurred prior to cancellation will also be invoiced. |
Days refers to business days, excluding weekends and U.S. Federal holidays, for U.S. based cases; and business days, excluding weekends, national holidays in the service provider’s location, and U.S. Federal holidays for international cases.
A postponement is treated like a cancellation according to these terms.
Time of cancellation or postponement is determined by the date and time notice of cancellation is provided to Optima Juris.
Out-of-pocket expenses include any sums spent by the freelancer or service provider in anticipation of and preparation for the assignment. For example, nonrefundable travel costs, equipment rental, or venue cancellation fees.
Cancellation/postponement of a Saturday will be charged at 1.5 times the normal cancellation fee. Cancellation/postponement of a Sunday or Public Holiday sitting will be charged at 2 times the normal cancellation fee.
III. ARBITRATION PROCEEDINGS
Arbitration personnel (court reporters, interpreters, etc.) are under contract to Optima Juris and shall not be solicited or employed directly by the Contracting Client at a later date. The Contracting Client agrees that the court reporter may choose to take an audio recording of the proceedings exclusively for his or her personal use in proofing the transcripts. Any shipping costs for transcripts and/or video copies will be billed to the Contracting Client. Should rental laptops or other equipment provided by Optima Juris be damaged, lost or stolen due to the fault or negligence of the Contracting Client or the Contracting Client’s agents, the Contracting Client agrees to reimburse to Optima Juris the replacement value of the equipment in question. Very late sittings (from 9PM to 6AM local time), will be billed a supplementary late sitting fee of USD $200 per hour, in addition to the standard hourly overtime fee.
IV. RESERVATION AND BOOKING
Contracting Client acknowledges that qualified deposition personnel are in limited supply, and that early bookings are essential in order to assure availability. Availability is not guaranteed until: 1) a signed reservation form has been received by Optima Juris, and; 2) the booking has subsequently been confirmed in writing to Contracting Client by Optima Juris.
V. OVERAGES
If Optima Juris shall be required to make expenditures in connection with the production of the Arbitration Services which exceed the Fees (“Overages”), then Optima Juris shall obtain the Contracting Client’s prior approval. Optima Juris represents and warrants that it will use its good faith efforts to avoid incurring any Overages.
VI. JURISDICTION
This Contract shall be interpreted in accordance with the laws of the State of California and shall be understood to lie within the jurisdiction of California law and the laws of the United States of America.
VII. CURE
Optima Juris has the opportunity to cure any default or breach of this entire agreement within five (5) business days from written notice by client of such default or breach.
VIII. LIABILITY OF THE AAA
The Contracting Client hereby represents, warrants and covenants as follows:
Contracting Client acknowledges that the Services described above are being performed solely by Optima Juris and not the AAA. AAA makes no warranty whatsoever with respect to the Services and accordingly Contracting Client agrees to look solely to Optima Juris with respect to any issues or claims that may arise with respect to the Services. THE SERVICES ARE BEING PROVIDED BY AAA “AS IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER AND AAA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Contracting Client hereby
releases and forever unconditionally and irrevocably discharges AAA, its successors, assigns, officers, directors, employees, and advisors from any and all claims, demands, liabilities, costs and damages arising from or in any way related to the services described herein or otherwise performed by Optima Juris.
In no event will AAA or its personnel be liable for any direct damages or any consequential, indirect, exemplary, special, or incidental damages, including any lost data and lost profits, arising from or relating to the services performed by Optima Juris, even if it has been advised of the possibility of such damages. To the extent that, as a matter of applicable law, liability for consequential, indirect, exemplary, special, or incidental damages may not be excluded or limited, AAA’s liability for such damages will be limited to the minimum permissible under such applicable law. AAA’s total cumulative liability in connection with this Agreement and the services performed by Optima Juris, whether in contract or tort or otherwise, will not exceed fifty U.S. dollars ($50).
Contracting Client acknowledges that AAA is hereby deemed a third party beneficiary entitled to enforce this Section VIII. This Section VIII shall survive the termination or expiration of this Agreement.
IX. CONFIDENTIALITY ACKNOWLEDGMENT
Through the course of performing and delivering the Services, Optima Juris hereby acknowledges that it may be exposed to confidential and proprietary information belonging to Contracting Client, including materials expressly designated or marked as confidential. Optima Juris shall use the Confidential Information solely for the purpose of providing the Services, and shall not disclose such Confidential Information other than to its employees, agents, service providers, independent contractors, etc. (“Representatives”), who: (a) need access to such Confidential Information to perform and deliver the Services; (b) are informed of its confidential nature; and (c) are bound by confidentiality obligations no less protective of the Confidential Information than the terms contained herein. Optima Juris shall safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the same degree of care as Optima Juris would use to protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care. Optima Juris will be responsible for any breach of this Agreement caused by its Representatives.
“Confidential Information” means all information, financials, Contracting Client information, Contracting Client financial information, Contracting Client’s legal proceedings and testimony of witnesses thereof, documents, agreements, files and other materials, whether disclosed orally or disclosed via written, electronic or other form or media, which is obtained from or disclosed at any time by Contracting Client through the course of Optima Juris providing the Services. The term “Confidential Information” as used herein does not include information that: (i) at the time of disclosure or thereafter is generally available to and known by the public; (ii) was available to Optima Juris from a source other than Contracting Client, provided that such source is not and was not bound by a confidentiality agreement regarding Contracting Client; or (iii) has been independently acquired by Optima Juris without violating any of its obligations under this Agreement.
X. LANGUAGE TRANSLATION AND INTERPRETATION
Contracting Client acknowledges that language to language translation and interpretation are not exact sciences and always involve areas of ambiguity and subjectivity. In the event Contracting Client disagrees with an interpretation or translation, Optima Juris will conduct a review of the issue in question and interview both sides (interpreter/translator and client with the issue), and Optima Juris will make a final determination in its sole discretion as to whether a substantive error exists in the interpretation/translation. In the event of an error, Optima Juris will determine and propose the best solution to the Contacting Client consisting of refund, an additional translation, or some other remedy. The determination of Optima Juris will be binding and final on all parties.
XI. CLIENT ACCEPTANCE
By engaging and using the Services, Contracting Client hereby accepts the Terms & Conditions of this contract and wishes to engage Optima Juris for the service(s) selected above.