Terms and Conditions for Cryptocurrency and Credit Card Transactions
"We," "us," "our," and "the Firm" refer to The Law Office of Bary W Hausrath, PLLC, its attorneys, employees, and agents.
"You" "your" and "yours" refer to any client or prospective client of the Firm. "Cryptocurrency" means Dash, Bitcoin, or any other cryptocurrency that you ask us to issue a Payment Request in and we agree.
"The Applicable Network" means the distributed network corresponding to the particular cryptocurrency (e.g. the Bitcoin network, the Dash network, etc.) or a payment processor accepting your credit card.
Credit Card means Visa, Mastercard, Discover, American Express, and any other credit or debit cards accepted by our third-party vendors.
The "Payment Request." A Payment Request with the appropriate payment address for use within the Applicable Network, confirmed by an email from us (@barylaw.com) with the public key to which payment should be made and the amount to be sent.
The estimated exchange rate is the exchange rate referenced by the firm in calculating the Payment Request. The estimated exchange rate may not be explicitly stated or referenced in the payment request, depending on how the payment request is issued.
Actual exchange rate means the exchange rate charged by our exchange vendor of choice, as it may be in effect at the time the payment is received.
The processing fee incorporated into the payment request is the estimated processing fee. If an estimated processing fee is not specified in your engagement letter with the firm, the estimated processing fee will be computed when the payment request is generated and it may include a) for credit card transactions: payment processing charges; or, b) for cryptocurrency transactions: any and all miner fees, supernode fees, and any other fees charged by the Applicable Network to process payment according to the payment request, together with any estimated fees as presently charged by currency converters exchanging cryptocurrency and United States Dollars. When computing the estimated processing fee, the firm may round up to the nearest dollar or nearest denomination supported by the Applicable Network. The Actual Processing Fee is the total of all of these processing fees that are actually charged to the firm, whether on a cryptocurrency or a credit card transaction.
The Payment Window means the time period specified in the payment request and within which the payment must be received; if no payment window is specified, the default payment window is 3 hours.
How to initiate a payment
Cryptocurrencyand credit card transactions must be initiated by your call, email, or visit to the office:
For a Credit Card transaction, we will provide a payment link and total charge amount to cover the estimated processing fee.
For Cryptocurrency transactions, when you call us we will check current valuation and send you a payment request.
How we calculate the estimated processing fee amount in the Payment Request for credit card transactions:
Your balance with the firm, multiplied by 1.03. For example, a $100 balance to be paid by credit card would prompt a Payment Request of $103.
How we calculate the estimated processing fee amount in the Payment Request for cryptocurrency transactions:
Your balance with the firm, multiplied by 1.02 and with the result being valued in USD. For example, in order to use cryptocurrency to pay a $100 balance, the equivalent of $102 worth of cryptocurrency. After applying the estimated exchange rate and any estimated processing fees in connection with use of the applicable network, the payment request will specify the amount of cryptocurrency and provide a payment window.
Differences Between Estimated and Actual Processing Fees and Exchange Rates
If the difference between the Estimated Processing Fee and actual processing fee or estimated and actual exchange rates are less than $5 USD, the firm will retain the excess or absorb the deficit, as the case may be. For example, if the difference between the estimated processing fee and the fee ultimately charged on the transaction is $0.72 in favor of the firm, the firm is entitled to retain that excess. Similarly, we are not required to account for or reimburse to you any surplus USD resulting from changes in the exchange rate between the time the Payment Request is sent and the time that the payment is actually received.
Likewise, you are not responsible for any deficits resulting from differences between the conversion rate used in the Payment Request and the actual exchange rate as long as the payment is received during the Payment Window. You are also not responsible for any deficit arising between the estimated processing fee and the fee ultimately charged on the transaction unless that amount exceeds $5 USD.
For deficits or surpluses in excess of $5 USD, the firm will account to you and request an additional payment, issue a refund, or add a credit to your balance, as appropriate.
No Obligation to Convert
The firm will credit your USD balance with the firm upon receipt of your payment; however, the firm is under no obligation to actually exchange any cryptocurrency received for fees incurred.
Waiver of Trust Account Protections
Cryptocurrency and credit card payments are received by the firm through intermediaries and any proceeds in USD are deposited into our operating account.
Funds paid by cryptocurrency or credit card will not be held in an attorney trust account and are not FDIC insured. When you make a cryptocurrency or credit card payment, the firm will not deposit the payment into our attorney trust account. The firm is not obligated to account to you in the manner ordinarily required of attorneys holding client funds in a trust account.
Unless your engagement letter with the firm provides otherwise, any payments received via credit card will be deposited directly into our operating account; accordingly, by making a payment by credit card or cryptocurrency, you agree that the payment is deemed earned when it is received.
Timeliness of Payments
For payments received by the firm outside of the Payment Window and at the firm’s election, the firm may add to your balance the deficit resulting from variations in exchange rates or processing fees; if so, such sums become due immediately.
In the event that you request a refund of a payment made via APM and we agree to issue a refund via APM, the same APM will be used for the refund as was used for the original payment. Any amounts to be refunded via APM will be based on the total USD actually received by the firm after applicable processing and conversion fees; further, the same processing fee will apply a second time.