1. General These terms and conditions outline the rules and regulations for the use of Frank & Israel Ltd Website, located at www.firmsltd.com and its subdomains. By accessing this website we assume you accept these terms and conditions. Do not continue to use FIRMS if you do not agree to all of the terms and conditions stated on this page.
   
   
2. Changes to Terms FIRMS reserves the right to modify or terminate the Terms at any time, without prior notice, and at FIRMS’s sole discretion.
   
   
3. Cookies We employ the use of cookies. By accessing FIRMS, you agreed to use cookies in agreement with the Frank & Israel Ltd Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
   
   
4. License Unless otherwise stated, Frank & Israel Ltd and/or its licensors own the intellectual property rights for all material on FIRMS. All intellectual property rights are reserved. You may access this from FIRMS for your own personal use subject to restrictions set in these terms and conditions. You must not:
   • Republish material from FIRMS
   • Sell, rent or sub-license material from FIRMS
   • Reproduce, duplicate or copy material from FIRMS
   • Redistribute content from FIRMS

   This Agreement shall begin on the date hereof.
   
   

5. Reservation of Rights We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
   
   
6. Payment Methods/Process
   Definitions:
   • Phone payment (Telephonic Order): Typically, people can reference letters received in the mail to locate the appropriate office to call or call a general customer service line. The information is shared with an executive who will process the payment.
   • Pay by mail (Mail Order): Payer can mail in their payment to the address located on their notification letter. If an address is not provided in the letter, people can call the customer service number to find the correct location to mail their payment.
   • Virtual terminal : It is basically the web version of a physical credit card terminal or Point-of-Sale (POS) machine
   
   

   The user, by agreeing to these terms and conditions, acknowledges and approves these methods.

   
   

   FIRMS accepts payments via Mail Order(MO), Telephonic Order(TO). In a MO transaction, the payer sends the Electronic payment card(Debit/Credit card) information, the amount to be paid to FIRMS via mail. Upon receiving this FIRMS executives will process the requested payment amount via a Virtual Terminal from a payment gateway or through FIRMS internal collection software. The card information will not be further used, or stored with us. In a TO transaction the payer will say the card details to one of our executives, who will promptly perform the transaction via the virtual terminal or FIRMS internal collection software. The card details will not be stored/recorded with us.
   
   

7. Limitations of liability Client shall be liable for (and Client hereby waives any and all liability and claims which Client may have against FIRMS for), (i) any inaccuracy in Debt Data provided by Client, (ii) the consequences of any instructions Client may give to FIRMS, (iii) maintaining and backing up any Debt Data, and (iv) Client’s failure to protect Client account names and passwords. In addition, FIRMS is not responsible for (x) Client’s access to the Internet, (y) interception or interruptions of communications through the Internet, or (z) changes or losses of data through the Internet, in each case, other than to the extent caused solely by FIRMS.
   
   
8. Disclaimer To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
   • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
   • limit any of our or your liabilities in any way that is not permitted under applicable law; or
   • exclude any of our or your liabilities that may not be excluded under applicable law.
   
   The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
   (a) are subject to the preceding paragraph; and
   (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
   
   

Dispute Resolution

Any controversy, transaction or dispute arising out of or relating to this Agreement shall be settled in the following order of preference: (i) by good faith negotiations between representatives of the parties who have authority to fully and finally resolve the dispute; (ii) if not resolved within sixty (60) days after commencement of negotiations, then, by non-binding mediation at a location acceptable to both parties using a neutral mediator. In any mediation, the parties shall equally share the cost of the mediator and otherwise bear their own respective costs; or (iii) if not resolved within thirty (30) day after commencement of mediation, then, by binding arbitration at a location acceptable to both parties. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association, with the following exceptions if in conflict: (x) one arbitrator shall be chosen by the American Arbitration Association; (y) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (z) arbitration may proceed in the absence of any party if written notice (pursuant to the Arbitrators rules and regulations) of the proceeding has been given to such party. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, transactions or disputes shall be settled in this manner in lieu of any action at law or equity, provided however, that nothing in this subsection shall be construed as precluding a party from bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.