Terms and Conditions(last updated February 24, 2016)
Acceptance of the Due ProcessUSA Agreement
By using the Services or dueprocessusa.com website described in this Due ProcessUSA Agreement, you agree to be bound by all the terms and conditions of this Agreement. You are referred to as the customer described on the Open Account page. If you are not making this Agreement on your own behalf, you represent and warrant that you are legally authorized to enter into the Agreement on behalf of the customer and that your actions will legally bind the customer.
Control of Web Site
Due ProcessUSA is the sole decision-maker as to the use of the dueprocessusa.com legal website.
Customer Information and Online Registration
Access to some areas and use of some functions of Due ProcessUSA Services or dueprocessusa.com or other Due ProcessUSA websites may require you to register. You agree to: (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) and keep it accurate, current, and complete. You acknowledge that if any information provided by you is inaccurate, not current or incomplete, Due ProcessUSA reserves the right to terminate this Agreement and your use of this website and related services. As part of the registration process, you may be assigned a password or be asked to select a password. You will be responsible for the confidentiality and use of your password and any customer number. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND CUSTOMER NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING REQUESTING SERVICES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If for any reason you feel either your account number or your password has been compromised or duplicated, you must immediately contact Due ProcessUSA at [email protected] or call 800-228-0484 to change your password or account number and to stop any service requested.
Agreement to Conduct Transactions Electronically
You agree that all of your transactions with or through Due ProcessUSA may, at its option, be conducted electronically. If you do not wish to have these transactions conducted electronically, you should not enter into this Agreement. You agree that Due ProcessUSA may determine (from time to time) to provide all or any part of its Services non-electronically, and that those Services will still be governed by this Agreement.
Changes or Amendments
Due ProcessUSA may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website. Any changes that Due ProcessUSA makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. You will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of this website, following the posting of any changes, constitutes acceptance of those changes.
Affirmations and Declarations
By using the Due ProcessUSA website, you represent, affirm, and declare, under penalty of perjury under the laws of the State of Maryland or the state in which you are utilizing this website, that: (1) you agree to adhere to the laws and regulations of the jurisdiction with which you are conducting business with Due ProcessUSA and that you are subject to civil and criminal penalties should you utilize Due ProcessUSA to violate those laws and regulations and (2) you acknowledge that the information provided by Due ProcessUSA is derived from local government agency databases and as such may be inaccurate, out of date, contain errors or omissions, or be otherwise incorrect.
You and Due ProcessUSA are independent contractors. Neither you nor Due ProcessUSA is an employee, agent, representative, broker, or partner of one another. This Agreement shall not be construed to create an association, joint venture, or partnership between you or Due ProcessUSA to impose any partnership obligation or liability upon either party.
Due ProcessUSA has the sole discretion to determine the fees charged to you for using its web site or Services. Fees for the Due ProcessUSA Services may vary by Client, location, service level and/or the amount of time spent completing Services. Due ProcessUSA reserves the right to change its fee structure at any time without notice. At any time you can request our fees by contacting us at 800.228.0484.
Current Fees for Service of Process as of February 24, 2016
The fees charged by Due ProcessUSA are for the attempt(s) made to serve our client's documents. If a cancellation of service(s) is requested after the documents have been assigned to a server, the fee (up to the full amount) of the original fee for service may be charged. This amount will be determined by Due ProcessUSA. Any refund to the client will be made in the form of a check from Due ProcessUSA.
Please attempt to confirm the service address before assigning your documents to Due ProcessUSA. If the address given to us by our client for the defendant/witness being served is incorrect, an additional fee that may equal the original COD or Charged amount will be required for service at the additional address.
Our Base Fees in the Continental USA are as Follows. Discounts may apply to multiple documents being served on the same individual.
National Service – When the service address is more than 40 miles from our client’s office.
- Regular:If we have 10 plus business days to serve - $128.90
- Rush:If we have 5 to 9 business days to serve - $149.90
- Expedited:If we have 2 to 4 business days to serve - $179.90
- Deadline:If we have less than two business days to serve - $209.90 (documents must be received by 1:30pm EST for an attempt to be made the same day)
Local Service – When the service address is within 40 miles from our client’s office.
- Regular:If we have 10 plus business days to serve - $82.50
- Rush:If we have 5 to 9 business days to serve - $92.50
- Expedited:If we have 2 to 4 business days to serve - $122.50
- Deadline:If we have less than two business days to serve - $162.50* (documents must be received by 1:30pm EST for an attempt to be made the same day)
*If service is to be made in Canada please call 800.228.0484 for a quote.
The Base Fee charged includes 3 attempts to serve the company/individual at address given. Any attempts requested to be made at additional address will incur an additional service fee equal to the original fee charged.
All orders are subject to a $.20 per page copy fee for any documents that the total number of pages exceeds twenty-five (25) pages..
All orders are subject to a $10.00 fee for any service that requires a Notarized Affidavit be prepared and executed by Due ProcessUSA for documents being served in the state of California..
The additional charges listed below may apply but will not be billed until without prior notification and written authorization from our clients.
- $10.00 for any service that requires an original signature Affidavit of Service be returned to the client when the court of jurisdiction accepts copies of said Affidavits
- $65.00 for any paper being served on a Military Establishment, Correctional Institute, Indian Reservation
- $75.00 for basic skip-trace performed to verify or locate an address for a defendant or witness. This skip may include employment and asset information.
- $35.00 Court filing of Affidavit of Service by FedEx/UPS 3 Day Service anywhere in the USA. An additional charge will be assessed if this option is chosen but the requested deadline time for filing is less than three business days.
The fees charged by Due ProcessUSA are for the attempt/attempts made to serve our client's documents. If a cancellation of service is requested after the documents have been assigned to a server a fee up to the full amount of the original fee for may be charged. This amount will be determined by Due ProcessUSA. Any refund to the client will be made in the form of a check from Due ProcessUSA.
Please attempt to confirm the service address before assigning to Due ProcessUSA. If the address given to us by our client for the defendant/witness being served is incorrect an additional fee that may equal the original COD amount will be required for service at the additional address.
Service Guidelines and Procedures
The fee for serving your documents in based on the number of BUSINESS DAYS in which we have to serve them. Service is NOT guaranteed within these days. What is guaranteed is that Due ProcessUSA will make documented diligent attempts to serve your documents within these days. Because the defendant/witness may avoid or is not available are circumstances beyond the control of Due ProcessUSA.
- Due ProcessUSA will send an e-mail confirmation to the client when service is made.
- Due ProcessUSA will notify the client by e-mail when an update concerning the status of their documents is ready to view. It will be the client's responsibility to view these updates and, if requested or necessary, respond to Due ProcessUSA accordingly.
- Orders not receiving a response from the client when updated may be closed and returned “Non-Served” after five (5) days.
- Due ProcessUSA will notify the client by e-mail when a copy of the Affidavit of Service is available for the client to download from our website (PDF format).
- Due ProcessUSA will mail the original Affidavit of Service to the client by U.S. Postal Service first class mail after the affidavit is signed and received from our server. Due ProcessUSA will mail said affidavit to the court of record upon the client's written request.
- It is the client’s responsibility to make special arrangements for expediting the return of the Affidavit of Service from Due ProcessUSA if the filing deadline for the Affidavit of Service is less than fifteen (15) AFTER the date of service.
- Please take all measures to have the complete name and address of person or entity being served including suite or apartment numbers to assure that additional charges are not incurred.
- Due ProcessUSA follows the rules of civil procedure for the jurisdiction that your case is being heard. Any special requirements you or your client may need must be conveyed to Due ProcessUSA. at the time your order is placed.
- A finance charge of 1 ½ % per month may be assessed to all past due balances over 30 days. Accounts turned over to collection will incur and be responsible for the payment of reasonable attorney fees and collection costs.
- Due ProcessUSA contracts for services with over 1,500 Process Servers, Constables and Deputies Nationwide. It is our clients’ responsibility to inform Due ProcessUSA of any poor experiences with prior service of their documents so the same server is not used by Due ProcessUSA. Due ProcessUSA continually monitors its contract servers and demands that they follow our strict guidelines.
Any taxes which Due ProcessUSA may be required to pay or collect under any existing or future law in connection with providing you with the Services shall be charged to your account.
In order to have open account terms, an Open Account form must be completed, signed and submitted to Due ProcessUSA. If accepted, the customer will be billed for services rendered. If credit is granted to Open Credit Accounts, it is understood and agreed that all invoices will be paid within the standard credit terms (30 days) stated on the invoices. A valid Visa, MasterCard or American Express card may be required to use the services of Due ProcessUSA, even if applying for open account terms. Continuing credit card billing is available for Credit Card Account customers who do not want open account terms (Out of State customers this is your only option). Because all transactions are conducted electronically, it is understood and agreed that the physical credit card need not be present with Due ProcessUSA in order for the charge to the card to be valid and that the validity of such charges will not be challenged. If open account terms are granted, it is understood and agreed that the person, firm or company to whom credit is granted is liable for payment of all invoices. A person, firm or company to whom credit is granted may have a third party pay an invoice directly to Due ProcessUSA. However, it is understood and agreed that Due ProcessUSA has no relationship with such third parties and has no obligation to collect from them. Payment obligation rests solely with the person, firm or company that submitted the assignment and to whom credit was originally granted and that Due ProcessUSA will hold that person, firm or company liable for payment of any invoice submitted to a third party for payment. Due Process reserves the right to restrict the credit of any customer for any reason.
Disclaimer of Warranties and Limitation of Liability
You agree that your use of the Due ProcessUSA services and information on the web site is at your own and sole risk. All services are provided on an as is and as available basis. Due ProcessUSA disclaims all warranties and duties of any kind, express, implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a specific purpose, non-infringement or title, duties of workman-like effort, or lack of negligence. Due ProcessUSA assumes no responsibility for errors or omissions on its website and is not responsible in any way for the functionality, specifications, or any other aspect of the items posted. Due ProcessUSA does not guarantee continuous, uninterrupted or secure access to dueprocessusa.com or dueprocessusa.com services or that defects in its website will be corrected. You are responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your system and/or accuracy of data, and for maintaining a means of reconstruction of lost data. Without limiting the above, you agree that Due ProcessUSA and its parent corporations, subsidiaries, partners, employees, agents, affiliates, subcontractors, and/or consultants do not make any warranties or undertake any duties regarding, without limitation, the following: (i) Infringement of title or quiet enjoyment; (ii) Functionality, including functionality of search or retrieval software; (iii) Accuracy, completeness, or completion of forms; (iv) Receipt of DOCUMENTS by local governments; (v) Appropriateness or propriety of DOCUMENTS pulled for a particular job; (vi) Approval of DOCUMENTS by local governments; (vii) Timeliness of services; (viii) Uninterrupted, secure, error or virus-free service or storage; and (ix) Adequacy of fees paid to local governments.
You agree that your sole remedy for any breach of this Agreement by Due ProcessUSA or any of its parent corporations, subsidiaries, partners, employees, agents, contractors, or consultants shall, at the option and sole discretion of Due ProcessUSA, be the following: (i) correction of any Service causing you damage; or (ii) refund of the amount you paid for the Service that caused damages incurred by you in reasonable reliance on the Service. You also agree that the damage exclusions and this limitation of liability shall apply even if any remedy of its essential purpose fails.
No Incidental or Consequential Damages
To the fullest extent allowed by applicable law, you agree that neither Due ProcessUSA nor any of its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors or consultants will be liable to you, your heirs or assigns, and/or any other person or entity for general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Due ProcessUSA has been advised of the possibility, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise arising out of the use of the DueprocessUSA Legal website or Services.
You agree to indemnify, defend, protect and hold harmless Due ProcessUSA, its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants and their respective directors, officers, employees and agents from and against all losses, claims, and expenses (including attorneys' fees and costs, incurred by Due ProcessUSA with or without suit and whether incurred on appeal or in bankruptcy) arising out of or relating to (i) your breach of any terms of this Agreement, (ii) the determination by a jurisdiction that you have improperly utilized the Services of Due ProcessUSA to violate the laws and regulations of the jurisdiction, (iii) your use of the Due ProcessUSA Services or your failure to pay all sums due Due ProcessUSA or any local government; and (iv) your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information as well as any action taken by you as a direct or indirect result of the information displayed on the Due ProcessUSA web site.
Termination or Cancellation
Due ProcessUSA reserves the right to terminate your use of the Due ProcessUSA website and services, without notice, for any reason or no reason at all. If your use of the Due ProcessUSA web site and Services is terminated or cancelled, you agree that neither you nor any other party will hold Due ProcessUSA , its parent corporations, subsidiaries, partners, employees, agents, affiliates, contractors, and consultants, liable for any general, special, incidental, consequential, indirect, or punitive damages of any kind, including, but not limited to, those damages resulting from loss of use, data, sales, goodwill, or profits, whether or not Due ProcessUSA has been advised of the possibility of such damages, or under any legal or equitable theory of liability, including theories of tort, contract, or otherwise.
Intellectual Property Rights
You agree that except as expressly provided that the content and website are protected by intellectual property laws. Due ProcessUSA reserves the right to suspend or discontinue all services and online registration for any person or customer that appears are infringing on the property rights of Due ProcessUSA or any of its subsidiaries.
Comments and Suggestions
You agree that any comments or suggestions that you provide to Due ProcessUSA regarding the Due ProcessUSA Services, including, without limitation, feedback, suggestions or ideas in response to any customer survey shall be deemed, and shall remain, the property of Due ProcessUSA. None of the Comments shall be subject to any obligation of confidence on the part of Due ProcessUSA and Due ProcessUSA shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Due ProcessUSA shall exclusively own all rights to the Comments of every kind and nature and shall be entitled to unrestricted use of the Comments for any purpose, commercial or otherwise, without compensation to the provider of the Comments.
This Agreement shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Due ProcessUSA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Howard, Maryland.
Due ProcessUSA shall not be responsible for interruptions, delays or failure in performance resulting from causes beyond its reasonable control. Such acts shall include but not limited to acts of God, war, riot, acts of terrorism, labor stoppages, governmental actions, fires, floods, and earthquakes.
Third Party Rights
The provisions in this Agreement are for the sole benefit of you and Due ProcessUSA and shall not inure to the benefit of any other person either as a third party beneficiary or otherwise.
Neither this Agreement nor any part or portion may be assigned or otherwise transferred by the customer without Due ProcessUSA’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver of the right of such party to assert or rely upon such provision or right in that or any other instance.
Effect of Agreement
This Agreement (which includes all current Amendments, your Open Account form, Application for Credit, the disclosures provided by Due ProcessUSA and the consents provided by you on the Due Process website, embodies the entire agreement between you and Due ProcessUSA. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in that provision and the allocation of risks set forth in this Agreement, and agree that the remaining provisions of this Agreement shall remain in full force and effect.
You certify that you have read and understand this Agreement and state that you agree to be bound by the terms and conditions contained in this Agreement by using the Services of Due ProcessUSA and by signing the COD Request, Acknowledgement & Procedures. You agree to comply with all cities, county, state and federal laws and ordinances relating to the Due ProcessUSA services.