Version 100171 · published Sep 25, 2026 1:22 PM UTC
Prestige Companies, Inc.
Terms & Conditions
Version: September 15, 2026
Unless a separate written agreement has been executed by the recipient of these terms and conditions (“Customer”) and Prestige Companies, Inc. (dba Prestige, Inc.), a Delaware corporation, located at 382 NE 191st St, PMB 485331, Miami, Florida 33179 (the “Service Provider”), by Customer receiving Service Provider’s professional services (“Services”), receiving our invoice for such Services, and/or making any payment toward our invoice for such Services, the Customer of these terms and conditions, as set forth below, acknowledges and agrees that these terms and conditions constitute a binding agreement between the Customer and the Service Provider (“Agreement”).
1. Services. All Services are subject to the terms and conditions of this Agreement, including the Customer (a) providing information to the Service Provider that the Service Provider deems necessary in its sole discretion, (b) promptly responding to Service Provider's reasonable requests to assist the Service Provider in performing the Services, and (c) payment of all Fees due and owed. Service Provider is not a law firm and does not provide legal services of any kind. All Services performed by Service Provider under this Agreement are in support of the Customer. All legal support services shall be under the direct oversight of Customer, including Customer’s legal counsel. Service Provider shall rely upon Customer’s instructions for performing any and all such Services.
2. Fees and Expenses; Payment Terms.
2.1 Customer will pay the fees and costs (e.g., local or required fees) associated with the corresponding Services (“Fees”).
2.2 Unless otherwise set forth in a separate writing: (a) payments are due immediately upon receipt of an invoice by the Service Provider and shall be paid by ACH or wire transfer in US dollars; (b) any payments authorized by Service Provider to be alternatively paid by credit or debit card may, at the Service Provider’s sole discretion, have a surcharge applied to the amount due and owed by Customer; (c) payments not received within 5 business days of receipt of invoice may incur a 2% monthly interest fee on the amount due and owed and result in suspension of any or all Services, at Service Provider’s sole discretion.
2.3 Service Provider reserves the right to adjust, at its sole discretion, the amount of the Fees based upon a change in the scope of Services requested or provided, volume of Services delivered, or additional factors that may be learned during the period of any Statement of Work. Such changes shall be communicated in writing by the Service Provider to the Customer.
2.4 Taxes. Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder except for any taxes imposed on, or with respect to, Service Provider's income, revenues, gross receipts, personnel, or real or personal property or other assets.
3. Confidential Information.
3.1 Each party’s confidential or proprietary information ("Confidential Information") includes business affairs, products, services, methodologies, confidential intellectual property, trade secrets, and third-party confidential information. The party receiving the Confidential Information (the "Receiving Party") from the party disclosing the Confidential Information (the "Disclosing Party") will protect the Disclosing Party’s Confidential Information with a commercially reasonable degree of care. Confidential Information shall not include any information that: (a) is publicly available unless due the Receiving Party's breach of this Agreement; (b) is non-confidentially obtained from a third-party without legal or contractual restrictions; (c) was in the Receiving Party’s possession before the Disclosing Party's disclosure; (d) is independently developed by the Receiving Party without using any of the Disclosing Party's Confidential Information; or (e) must be disclosed under law, regulation or a valid court or governmental order.
3.2 The Receiving Party is accountable for any breach of this Section caused by any of its employees, contractors, agents, or representatives. Upon the Disclosing Party's written request, the Receiving Party will return or destroy all copies of the Disclosing Party's Confidential Information and certify in writing its destruction. Obligations under this Section survive for three years post-termination or expiration of this Agreement, or indefinitely for trade secrets.
4. Representations and Warranties.
4.1 Each party asserts that: (a) it has the full authority to enter into this Agreement to grant the rights and licenses and perform its obligations; and (b) this Agreement is a legal, valid and binding obligation, enforceable against them.
4.2 Service Provider represents and warrants to Customer that it shall perform the Services in a professional and workmanlike manner, and shall devote adequate resources to meet its obligations under this Agreement, which is contingent upon Customer (a) providing information to the Service Provider that the Service Provider deems necessary in its sole discretion, (b) promptly responding to Service Provider's reasonable requests to assist the Service Provider in performing the Services, and (c) timely paying all Fees due and owed.
4.3 SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE UNDER THIS AGREEMENT, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
5. Indemnification. Customer shall indemnify Service Provider against losses, damages, liabilities, claims, actions, judgments, settlements, penalties, costs, or expenses ("Losses") arising from bodily injury, death, or property damage due to Indemnifying Party's willful, fraudulent or grossly negligent acts. Customer further shall indemnify Service Provider for Losses from any lawsuits or complaints from their potential or actual clients or customers, absent willful, fraudulent or grossly negligent acts by Service Provider.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL SERVICE PROVIDER BE LIABLE TO THE CUSTOMER FOR: (A) ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DIRECT DAMAGES OF MORE THAN $100 OR AMOUNTS PAID TO SERVICE PROVIDER, WHICHEVER IS LESS.
7. Term and Termination.
7.1 Term; Renewal. The Agreement starts on the date Services are first rendered by Service Provider to Customer (“Effective Date”) and shall continue until expiration or termination pursuant to this Section.
7.2 Termination. Either party, in its sole discretion, may terminate this Agreement at any time without cause, by providing at least ninety (90) days prior written notice to the other party. Upon expiration or termination of this Agreement for any reason, Customer shall immediately pay to the Service Provider all outstanding amounts due and owed; and (c) Customer shall return to the Service Provider or destroy, at the Service Party’s discretion, all documents and tangible materials (and any copies, physical or electronic) containing, reflecting, incorporating or based on the Service Provider’s Confidential Information and certify in writing that it has done so.
7.3 Survival. The rights and obligations of the parties and any right or obligation of the parties in this Agreement which, by its nature, is clearly intended to survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.
8. Miscellaneous.
8.1 Force Majeure. No party is liable for any failure or delay in fulfilling any term of this Agreement (except payment obligations, due events outside of their reasonable control ("Force Majeure Event"), including but not limited to: natural disasters, war, civil unrest, pandemic, government orders or laws, national or regional emergencies, strikes, or shortages of power or transportation. The affected party will resume performance as soon as practicable after the Force Majeure Event is resolved.
8.2 Independent Contractors. The parties are independent contractors, and nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between them. Neither party shall be authorized to contract for or bind the other party in any manner whatsoever.
8.3 Notice. All communications ("Notice") must be in writing and sent to:
For Service Provider: Prestige Companies, Inc., 382 NE 191st St, PMB 485331, Miami, Florida 33179
For Customer: The address provided in writing by Customer to the Service Provider as the Customer’s primary contact information.
Notices can be delivered personally, by overnight courier, email (no “bounce back”) or certified mail (return receipt requested, postage pre-paid).
8.4 Entire Agreement; Order of Precedence. This Agreement forms the entire agreement.
8.5 Assignment. Neither party can assign or transfer this Agreement (except for payment obligations) without the other’s prior written consent, which shall not be unreasonably withheld. Any attempt otherwise is null and void. This Agreement benefits and binds successors and permitted assigns.
8.6 No Third-Party Beneficiaries. This Agreement benefits the parties and their successors and permitted assigns. It does not grant any other person any rights or remedies.
8.7 Amendment and Modification; Waiver. Changes to this Agreement must be in writing and signed by both parties. Not exercising any right does not waive that right.
8.8 Severability. If any provision is illegal or unenforceable, it shall not affect the rest of terms and conditions of this Agreement.
8.9 Governing Law: Submission to Jurisdiction. The parties agree that any question, conflict, requirement, interpretation, or disagreement related to notarizations are governed by the laws of a notary’s commissioning jurisdiction which apply to authorization, performance, or validity of notarization, without regard to its conflicts of law provisions. Otherwise, the Agreement is governed by the laws of the State of New York, without regard to its conflicts of law provisions. Subject to the arbitration requirement in Section 8.11, the parties (a) agree that jurisdiction for any court proceeding relating to the Agreement is in the state or federal courts of Bay County, Florida, (b) consents to and irrevocably waives challenge to this jurisdiction and venue, and (c) waives the right to a jury trial.
8.10 Arbitration. Parties mutually agree to submit any and all disputes arising out of or in any way relating to the Agreement, including any and all disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and also including any claims relating to arbitrability of any claim or dispute, to final and binding arbitration. At Service Provider’s sole discretion, arbitration shall be performed by either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”). The arbitration will be conducted before a single neutral arbitrator in the state of Florida or by telephone or videoconference, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Arbitration (including payment and allocation of all fees) shall be governed by the arbitrators corresponding arbitration rules (e.g., for JAMS, the applicable Streamlined Arbitration Rules and Procedures and Comprehensive Arbitration Rules and Procedures, and for AAA, the applicable Commercial Arbitration Rules and Mediation Procedures and Consumer Arbitration Rules).
8.11 Cumulative Remedies. The rights and remedies in this Agreement are in addition to any other rights or remedies.