TPF’s EAMS JET File Trading Partner Agreement

EdexCloud (A Subsidiary of Lopez & Associates Inc.)
and
[Client/EAMS JetFile User]

1. Parties to the Agreement

• EdexCloud: A subsidiary of Lopez & Associates Inc., acting as a Third-Party Filer (TPF) authorized to file documents electronically via the Division of Workers’ Compensation's (DWC) EAMS JET File system on behalf of the Client.
• Client: We, who is the authorized party requiring filing services for workers' compensation cases.

2. Scope of Services

• Purpose: This agreement enables EdexCloud to submit electronic filings through the DWC's EAMS JET File system on behalf of the Client.
• Services Provided:
• Filing petitions, responses, and other legal documents with the DWC using the EAMS JetFile system.
• Managing, tracking, and confirming the acceptance or rejection of electronically filed documents.
• Third-Party Filer Obligations:
• EdexCloud will file all documents as per the Client's instructions, ensuring compliance with DWC filing requirements.
• EdexCloud will provide electronic receipts and proof of filings back to the Client.
• EdexCloud will maintain confidentiality and protect the Client’s sensitive information in compliance with all relevant privacy regulations.

3. Client Responsibilities

• Document Submission: The Client agrees to provide accurate, complete, and timely information required for filings.
• Authorization: The Client authorizes EdexCloud to act on their behalf and submit filings via EAMS JET File. Authorization documents should be provided to EdexCloud before any filings are submitted.
• Compliance: The Client is responsible for ensuring the legal accuracy and validity of the documents submitted for filing.
• Fees: The Client agrees to pay (if required) for the services rendered by EdexCloud based on a pre-determined fee structure.

4. Confidentiality and Security

• Data Protection: Both parties agree to comply with applicable data protection laws, including maintaining the confidentiality of case files, personal identifiers, and other sensitive data exchanged.
• Security Measures: EdexCloud will implement industry-standard security protocols to ensure the secure submission of documents via the EAMS JET File system.

5. Liability and Indemnification

• TPF Liability: EdexCloud is not liable for any errors in the filings caused by incorrect or incomplete information provided by the Client.
• Indemnification: The Client agrees to indemnify and hold EdexCloud harmless from any claims, liabilities, or damages arising from improper or inaccurate filings based on Client-provided data.

6. Term and Termination

• Term: This agreement remains in effect from the date of execution until terminated by either party with 30 days’ notice.
• Termination for Cause: Either party may terminate the agreement for a material breach, including failure to meet filing deadlines or non-payment of fees.

7. Governing Law and Dispute Resolution

• This agreement will be governed by and construed in accordance with the laws of the State of California.
• Disputes arising from this agreement will be resolved through arbitration or mediation as agreed upon by both parties.

8. Amendments

• Any amendments to this agreement must be in writing and signed by both parties.

9. Miscellaneous

• No Agency: This agreement does not establish an employer-employee or agency relationship between EdexCloud and the Client.
• Notices: All notices under this agreement shall be provided in writing via email or certified mail to the addresses specified by both parties.