Effective as of March 1, 2019.
PLEASE REVIEW THESE TERMS CAREFULLY. By accessing this Site or using the Service, you agree to be bound by these terms. If you do not agree to be bound by these Terms of Service in their entirety, you may not access this Site or use the Service.
If you are using the Site for your company’s use, you represent that you are an authorized representative who has the authority to legally bind your company to these Terms.
The words “you” or “your” whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site or Service, for any reason.
These terms will change from time to time, we will notify you of these changes by placing a notice on the top of this page and by changing the Effective note which appears at the top of this page. Your continued use of the Site or Service after the changes have been made indicate your full acceptance of the modified terms.
1.Trademarks and Intellectual Property
This Site is protected by copyright, intellectual property and other private property laws. The content on this Site may not be copied, redistributed or created derivative work of without the prior written consent of Serve Index.
2. Not Legal Advice
The content on this Site will not be taken, used or considered as legal advice. Serve Index does not have authority to provide legal advice on any matter, including, but not limited to, the deficiency of your document or the manner in which your document must be served on an opposing party. Any information from us you decide to act on, will be done so at your own risk and Serve Index, our agents and affiliates will not be held liable. If you require legal advice contact an attorney or the courts.
Serve Index does not process refunds, as ALL accepted work orders are final, and fees are non-refundable.
4. Delivery Information
You agree that all information furnished to us is accurate and complete. Should you fail to provide an accurate address or complete information, service of process will be deemed delivered at the address provided in the information furnished to us.
Incomplete or incorrect information will result in multiple fees being charged, because process of service needs to be re-attempted. Each attempt to an additional address will be billed as a new order, and applicable fees and charges will apply.
A. Rush Assignments
- Definition A rush assignment is defined as (i) any assignment where information is furnished and payment is made 4 business days (excluding the day the documents are received) prior to the final date of service permitted by New York City courts, (ii) clients requesting their order be completed within 2 to 4 days, (iii) receipt of affidavit in under 10 days, (iv) service upon receipt, (v) same day service, and (vi) next day service.
- Fees All fees for rush assignments are due in advance and are billed on a per attempt basis.
- Same Day Service Rush assignments submitted after 4pm and to be served on the “next day” will be considered “same day” service and applicable charges and fees will apply.
B. Non-Rush Assignments
Non-rush assignments are defined as assignments where information is furnished, and payment is made at least 5 business days (excluding the day the documents are received) prior to the final date of service permitted by New York City courts.
In the event the first attempt is unsuccessful, 2 to 3 additional attempts will be made at no extra charge to the same address provided in the information furnished to us.
All fees and charges are final, regardless of the efficacy of service of process.
- Evading Service
Should a defendant be evading service you are obliged to inform us of this, if you are aware. If we discover a defendant is evading service, we may at our sole discretion charge for each additional attempt after the initial attempt, or as soon as it becomes apparent to us.
To serve evasive defendants Serve Index may suggest at our sole discretion that you undertake Stake-out service as part of your service of process. This stake-out service will be charged at an additional $200 per hour and is non-refundable.
- Substituted Service
Should a substituted service be used, additionally charges for postage and handling will apply. Incidental expenses for tolls, parking, etc. must be paid in advance.
- Service by Mail Without Personal Service
To complete service by mail without attempting personal service, is generally only permissible if ordered by the court. If this is the case, you will need to provide us with the applicable judge’s name in addition to signing authorization and a waiver that will us to serve in this manner.
7. Late Fees
With respect to all attorneys and law firms; payment is due immediately on the receipt of invoice. A late fee of $10 per day will apply to all invoices that remain unpaid for 10 days from the date of invoice (“delinquent accounts”). In the event a chargeback on a credit card or PayPal account is resolved in our favor, you will be responsible for $350 late fee.
8. Collecting Outstanding Fees
To collect outstanding fees Serve Index may hand your account over to a collection’s agency.
- Future Service
If your account is in arrears and you wish to continue using our services you will either need to (i) pay for the requested service in advance or (ii) pay your outstanding balance on accounts owed. Whichever we deem fit at our sole discretion.
- Handing Over To Collections Agency
Should your account be in arrears for between 14 to 30 days from date of invoice you may be handed over to a collections agency. Once collections proceedings are commenced you will be responsible for any costs, we incur for commencing collection with the help of an agency including, but not limited to, attorney’s fees, court costs, and the contingency fees for a collection’s agent.
We reserve the right to place chargebacks in collection after 24 hours after such action has taken place.
- Future Service
These terms apply to attorneys, whether using our services as part of a firm or as a solo practitioner.
- Serving Non-individuals
Should you require us to serve private investigation firms, agencies and other corporations; all payments for the service of process are due in advance. In the event we have attempted to serve prior to the receipt of applicable fees and charges, irrespective of the circumstances, affidavit of process will be withheld until payment is made in full and any late fees are settled.
- Instructions for Service of Process
It is your duty to ensure that the cover page conveys the complete instructions for service of process, such as the party to be served and the documents being served.
- Withholding Affidavit of Service Should you accrue fees and charges to the value of $100 and fail to pay these fees and charges in a timely manner we will withhold the affidavit of service until fees have been paid in full.
- Payment for Service
Your client’s failure to pay for your services or any internal cash flow deficiencies to do not negate, suspend or limit your financial responsibility for any and all services provided by us.
- Serving Non-individuals
10. Submitting Documents
By submitting your documents to us, whether such submission is made via fax, email, regular mail, personal delivery or any other form of delivery; you agree to all the terms and conditions applicable to all transactions with Serve Index.
All documents need to be submitted at once. Whether these documents are submitted via fax, regular mail or email; we do not take responsibility for loss of documents or incomplete process of service due to submission of documents via multiple faxes, emails or regular mail communications. If you’re sending your documents as a PDF attachment, be sure that all documents are sent in one PDF attachment.
11. Additional Services
Serve Index may provide additional services from time to time, these include our notary service and document retrieval service. We may add to these services or remove these services at our sole discretion without prior notice. The extent of our liability for executing these services will never exceed the cost of the applicable service at the time you ordered the applicable service. However, if reasonable attempt(s) have been made to carry out the service we will not be liable for any financial retribution. You agree that should we be unable to execute the service we will only be liable for the cost of the primary service (excluding additional charges and fees). In the event we have attempted to execute service we will be exempt from all liability including, but not limited to, liability for losses incurred.