Terms of Service Agreement

Last Updated: 6/12/2024

This Terms of Service Agreement (this “Agreement”) is entered into by and between ABC Legal Services, LLC, a Washington limited liability company (“ABC”) and the company or individual using ABC’s services (the “Customer”) (individually, a “Party,” and collectively, the “Parties”). By using ABC’s services, the Customer agrees to this Terms of Service Agreement. In consideration of the mutual terms and conditions hereinafter set forth, the Parties agree as follows: 

1. Scope of Work. ABC will carry out the duties offered to customer on its website to serve process, locate individuals, file documents, and other tasks as offered from time to time as ordered through its website (the “Services”).
2. Protection of Confidential Information. ABC will treat all personally identifiable or known-confidential information provided by Customer to ABC in a manner as stringent as its protection of its own confidential information, and in no case less than industry standards. All individuals interacting with Customer data will be required to execute confidentiality agreements prior to disclosure of any information. ABC will conduct appropriate background checks on its employees and contractors per its policies. In the event of a breach of Customer data, Customer will be notified as soon as practicable, but in no case longer than 24 hours following confirmation of breach.  
3. Audit Rights. Customer will be permitted reasonable access to ABC facilities, networks, and oversight to assist in the evaluation of compliance with Customer’s internal policies.  
4. Compensation. Customers who have not achieved Professional Status will pay the prices as displayed at the time of order placement. In the event Customer is extended credit by ABC in ABC’s sole discretion, Customer will pay to ABC the prices as displayed at the time of order placement on the credit terms as offered. In the event any payment due ABC has not been paid when due, interest on such late payments will accrue at a rate of 1.5% per month or the maximum legal rate if lower. In the event collection efforts become necessary in ABC’s sole reasonable determination, Customer will pay any reasonable costs of collection, including attorneys’ fees. 
5. Professional Status. Customers that have achieved Professional Status (“Professional Status Customers”) are required to keep a current, active credit card on file with ABC. Professional Status Customers hereby authorize ABC to charge the credit card on file for payment of weekly invoices, and such charges will occur at the time of invoice issuance. Customers that fail to maintain an active credit card on file with ABC may have their Professional Status revoked.
6. Order Cancelation, Refunds. If either Party terminates an order prior to its completion ABC is entitled to payment for work performed up to the cancelation date. No refunds will be made for an order following its first attempts at service in the field.
7. Limitation of Liability, Aggregate Liability. To the extent permitted by other law, (a) in no event shall ABC be liable to the Customer under any legal theory for loss of a claim or case, or for any special, indirect, consequential, exemplary, or incidental damages, however caused, arising out of or relating to this Agreement even if ABC has been advised of the possibility of such damages; and (b) in no event shall ABC be liable in any way, including loss of a claim, for any actions taken or left untaken on an order whose statute of limitations is within one month of expiration at the time of receipt by ABC; and (c) in no event shall the aggregate liability arising out of or relating to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, or otherwise) exceed the fees actually paid by Customer within the past 3 months to ABC. No claims regarding data security or breach will exceed the limits of ABC’s applicable insurance policies.  
8. Governing Law; Forum. This Agreement will be governed in all respects by the laws of the State of Washington. The Parties consent to the exclusive personal jurisdiction of the federal and state courts located in King County, Washington, as applicable, for any matter arising out of or relating to this Agreement.  
9. Severability. If an adjudicator holds that any provision of this Agreement is illegal, invalid, or unenforceable, then that provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and the Agreement’s remaining provisions shall not be affected.  
10. Successors and Assigns. ABC may assign its rights or obligations under this Agreement upon notice to Customer, and such assignment will be binding at the time of receipt of such notice.  
11. Waiver and Modification. If a Party waives any term, provision, or breach of this Agreement, such waiver will not be effective unless it is in writing. No waiver by a Party of a breach of this Agreement will constitute a waiver of any other or subsequent breach by the other Party. This Agreement may be modified only by the Parties’ mutual written agreement.
12. Entire Agreement. This Agreement, in conjunction with its Exhibits, constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or contemporaneous agreements concerning such subject matter, whether written or oral. In the event of conflict between this and another agreement, this Agreement’s terms control.