Membership & Services Agreement: 
Italian Citizenship by Descent | Judicial Path

This Membership & Services Agreement (“Agreement”) is entered into by and between CitizensByDescent (“CD,” “we,” or “our”), a Delaware corporation, and you (“Member,” “you,” or “your”) as of the date of execution (“Effective Date”). Collectively, CD and the Member are the “Parties.”

1. SCOPE OF SERVICES

  • Overview
    CD provides professional assistance and guidance for individuals and families pursuing Italian citizenship by descent through judicial proceedings. Our role is advisory and coordinative. Final decisions rest exclusively with Italian authorities.
  • Core Services:
    • Eligibility Assessment: Review of lineage and documentation for qualification, including legal obstacle identification.
    • Document Strategy and Coordination: Plan and sourcing of required records; coordination of collection.
    • Legal Document Preparation: Drafting filings, petitions, and supporting documentation under Italian requirements. Includes:
      • Vital record procurement
      • Professional translations
      • Apostille/legalization services
      • Engagement with local legal counsel
    • Platform Access: Secure portal for storage, progress tracking, and communication.
    • Professional Guidance: Citizenship specialists via scheduled consults and written communications.
    • Court Filing Coordination: Coordination with Italian counsel for petition filing.
  • Judicial Path Specific Services: Case assembly, counsel facilitation, court process navigation, and final registration upon judgment.
  • Exclusions (Separate Fees Apply)
    • Genealogical research beyond initial assessment
    • U.S. court orders or USCIS certificate fees
    • Any services not expressly listed above
  • Limitations:
    • Timelines depend on government/court schedules outside CD’s control
    • Services are delivered remotely unless otherwise contracted
  • 2. SERVICE COMMENCEMENT

    Services begin after the initial consultation and document review. Services are considered substantially commenced when:
    • Comprehensive case assessment is completed; AND
    • Document collection strategy is provided; AND
    • Work has begun on procurement or legal preparation.
  • Refund eligibility is based on whether substantial services have already been provided.


3. MEMBER RESPONSIBILITIES

  • Provide accurate and complete information
  • Cooperate in supplying records and following guidance
  • Acknowledge that CD’s services are limited to the scope described


4. FEES AND EXPENSES

  • Professional Fee ("PF"): Covers resource allocation and service initiation. Non-refundable except under the Money-Back Guarantee (MBG).
  • Expenses: CD covers standard case expenses (records, apostilles, translations). Exceptional costs outside scope require Member approval and payment.
  • Genealogical Research: Optional; separately quoted and non-refundable except under MBG.
  • Customized Quote (CQ): Sets out PF and payment schedule.
  • 5. MONEY-BACK GUARANTEE (MBG)
  • Full Refund
    100% refund of PF if:
  • Application is officially denied by Italian authorities and Member chooses not to appeal.
  • Partial Refund
    90% refund of PF if:
    • Within 90 days of commencement, CD’s research conclusively finds the Member ineligible.
  • No Refund
    • Member withdrawal (except denial above)
    • Incomplete, inaccurate, or fraudulent information provided
    • Policy changes or delays not resulting in outright denial
  • Refunds are processed after confirmation of denial/ineligibility. Already-incurred expenses may be deducted.
  • 6. CONFIDENTIALITY & DATA PROTECTION
    • CD will keep all Member information confidential and use it solely for the case.
    • CD complies with applicable data protection laws (including GDPR/CCPA where relevant).
    • Member documents will be stored securely and returned or deleted upon request.
  • 7. Termination
    • Member may terminate with 30 days’ written notice. CD retains all fees/expenses paid to date, subject to MBG.
    • CD may suspend or terminate for non-payment, fraud, or breach of obligations.
  • 8. Case Continuity & Bankruptcy

  • Case Transfer Rights

    In the event CD ceases operations or is unable to complete services, the company will use reasonable efforts to: 
    • Transfer active client files to a qualified successor firm at no additional cost to the client, or
    • Provide clients with complete copies of all work products and documentation to facilitate case continuation with alternative counsel.
    • CD will maintain client files in a manner that facilitates transfer even in insolvency proceedings.

  • Notice Requirements

    In the event of anticipated business closure, bankruptcy filing, or material change in ability to perform services, CD will provide clients with no less than 60 days advance written notice except where legally prohibited.
  • 9. Force Majeure

  • CD is not liable for delays or failure caused by events beyond its reasonable control, including but not limited to: government or court delays, policy changes, strikes, pandemics, natural disasters, cyberattacks, or force majeure events.
  • 10. Dispute Resolution
    • Initial Resolution: Member must first notify CD in writing and allow 30 days for response.
    • Arbitration: Any unresolved dispute will be settled by a single arbitrator under the International Centre for Dispute Resolution (ICDR), seated in Delaware, USA. The award is final and enforceable.
    • No class actions permitted.
  • 11. Disclaimers & Limitation of Liability
    • CD does not guarantee outcomes. All decisions are made by Italian authorities.
    • Neither party is liable for indirect, special, or consequential damages.
    • CD’s liability is capped at the total fees paid under this Agreement.
  • 12. Governing Law

  • This Agreement is governed by and construed in accordance with the laws of the State of Delaware, USA.
  • 13. Entire Agreement & Updates

  • This Agreement constitutes the entire understanding between the Parties. CD may update terms for operational or legal reasons; continued use of services constitutes acceptance of updated terms.

  • By executing this Agreement, you acknowledge that you have read, understood, and agreed to these terms.