Applicant certifies that the above information is true and correct, also represents and agrees that:
- Fee Schedules, Customer acknowledges receipt and review of FLN Standard fee schedules as modified from time to time.
- Payment Terms, All invoices are due and payable upon receipt. Any invoice not paid within 90 days shall bear interest at the maximum rate permitted by law (currently 18% per annum)
- Limitation of Liability, In the event of any failure of FLN to properly or timely perform instructions given, FLN’s responsibility shall be limited to correcting any defects in performance or redoing the assignment. FLN’s liability for any direct economic damage incurred as a result or any breach, failure, act or omission of FLN, 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 FLN charges for the services improperly or not performed or (ii) $100.00 per invoice, whether or not such damages result from the negligence of FLN, it’s employees, subcontractors or agents. Under no circumstances shall FLN 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 FLN 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 FLN for services rendered, the prevailing party shall be entitled to reasonable attorney’s fees and costs to be paid by the losing party.