Schmidt – Barger, Inc.
dba Attorney’s Certified Services
Fees: ACS, Inc. determines the fees charged to you for using its services from time to time at its sole discretion. Fees for ACS, Inc. services may vary by location, service level and/or the amount of time spent completing Legal Services. In order to file, record, copy or serve certain court documents a filing, recording, copy or witness fee may be required by court rules or statute. ACS, Inc. will advance such fees for customers in good standing. For customers choosing Credit Card as a payment method, a 3% convenience fee will be added on the amount processed and collected for any statutory court or witness fees required by court rule or statute. For customers choosing to pay by check, a convenience fee of 10% will be added onto the amount processed and collected for any statutory court or witness fees required by court rule or statute. If the advance is over $750.00, we will require immediate reimbursement. If reimbursement of any advanced fee is received within 5 business days, a $10 convenience fee will be assessed, and the 10% fee will be waived. ACS, Inc. charges a $35.00 fee for returned checks. ACS, Inc. reserves the right to change its fee structure at any time without notice. You may request a schedule of our fees at any time by contacting orders@attorneyscertified.com
Service of Process Fees and Levels of Service: Service Fees include up to 5 attempts at a single address. If the address is deemed to be no longer good, is vacant, does not exist, or the service is cancelled after an attempt has been made, the service fee will be satisfied and no further attempts will be made. New addresses are charged a new service fee.
- Standard Service: Standard service means that our Process Server will make the FIRST attempt within 5-7 business days of receiving service of process in California and we will continue to make at least one attempt or more every 5-7 days up to 5 attempts.
- Routine Service: Routine service means that our Process Server will make the FIRST attempt within 3-5 business days of receiving service of process in California and we will continue to make at least one attempt or more every 3-5 days up to 5 attempts.
- Priority Service: Priority service means that our Process Server will make the FIRST attempt within 1-2 business days after receiving service of process in California and we will continue to make at least one attempt or more every 1-2 days up to 5 attempts. (Geographic Restrictions Apply)
- Urgent Service: Urgent service means that our Process Server will make the FIRST attempt same day, if received by the cut off time, otherwise an attempt will be made the next day. We continue to make at least one attempt everyday up to 5 attempts. (Geographic Restrictions Apply)
- On Demand Service: On Demand is used when a service attempt is needed same day and the order is placed after the cut off time or if a service needs to be attempted within a few hours. We continue to make at least one attempt everyday up to 5 attempts. (Geographic Restrictions Apply)
Payment options and Terms: ACS, Inc. supports two payment options:
1) Credit Card (Defaulted account type)
2) Check (Open Credit on approved credit)
If you choose to pay by Credit Card, you hereby authorize Attorney’s Certified Services, Inc. to charge your Credit Card on file for the total amount of fees charged by ACS, Inc. for their Services, plus any statutory court or witness fees. A 3% convenience fee will be added to process and collect any statutory court or witness fees required by court rule or statute in accordance with applicable law. By choosing to pay by Credit Card, you represent and warrant to ACS, Inc. that any statutory court or witness fees collected and processed by ACS, Inc. on your behalf.
If you choose to pay by Check, it is understood and agreed that you are requesting an open credit account and must first be approved by management. If applying for open credit, a valid Visa, MasterCard, American Express or Discover card will be required as a payment guarantee. If Open Credit payment terms are granted, you understand and agree that we will send you an invoice for the Services rendered, which must be paid within 15 days from the date of the invoice. Customers who are on a WebPortal account, and are in good standing, can request a monthly statement. It is understood that if a customer receives a monthly statement, that statement is due and payable by the 15th of the following month from which services were rendered. In the event that invoices are not paid within 30 days or statements are not paid by the 30th of the ensuing month the following will apply:
(1) A service fee of one and one-half percent (1.5 %) per month will be added on all past due invoices.
(2) You agree that a Thirty-Five Dollars ($35.00) fee will be assessed for all returned checks.
(3) You authorize Attorney’s Certified Services, Inc. to charge your credit card on file.
(4) You agree to pay all costs and actual attorney’s fees in the event that collection efforts become necessary;
(5) ACS, Inc. reserves the right to immediately withdraw credit.
Customer also agrees to abide by all other terms and conditions displayed on Attorney’s Certified Services, Inc. invoices and billing statements.
Cancellation. Customer may cancel a request/WebOrder at any time at no charge, unless there has already been a Milestone Event in the life of the order, in which case the order will be billed at full rate. Milestone Events are determined at the sole discretion of Attorney’s Certified Services, Inc. A Milestone Event includes, but is not limited to, filing of the order with the court or the first attempt by a process server on an order.
Cost Advancement. Customer may be approved for court cost or other cost advancement at the sole discretion of Attorney’s Certified Services, Inc. Otherwise customer is solely responsible for submitting proper fees along with the service request.
Third Party Payment: Customer agrees that it is directly liable for payment for any Services rendered by ACS, Inc., and non-payment or slow-payment by third parties (including customers or clients) does not alter this obligation.
Password Protection: Customer is responsible for maintaining strictly confidential the password that Customer chooses with respect to any services or transactions ordered or entered on the ACS, Inc.’s Client Portal site. Subject to applicable law, Customer agrees to be liable for all uses made of its Password whether or not actually authorized by Customer. Customer agrees not to provide its Password to any person who is not authorized to act on Customer’s behalf.
Injuries-Damages: Attorney’s Certified Services, Inc. shall use reasonable and ordinary care in performing the Services, but shall not be liable for any incidental or consequential damages. Any damages recoverable against ACS, Inc. based upon an alleged error or omission, shall be limited to, at maximum, the amount of fees received by ACS, Inc. from that customer for the previous calendar month of service.
Jurisdiction and Venue: In the event of any dispute regarding fees or charges unpaid to Attorney’s Certified Services, Inc., court jurisdiction and venue will lie in the Kern County Superior Court. Any other dispute between Attorney’s Certified Services, Inc. and Customer,whether arising from contract, tort or otherwise, shall be resolved by binding arbitration before the American Arbitration Association and in accordance with its Rules.
No Warranties On Services Ordered On Website: Customer agrees that its use of ACS, Inc.website and information on the website is at Customer’s sole risk. All services ordered on the website will be provided on an “as available” basis and without warranty. Attorney’s Certified Services, Inc. assumes no responsibility for errors or omissions on its website and Customer agrees that ACS, Inc. shall not be responsible in any way for the functionality, specifications or other aspects of its website, and does not guarantee continuous, uninterrupted or secure access to ACS, Inc. on the website. Attorney’s Certified Services, Inc. reserves the right at any time and without prior notice to change the hours of operation of its website and to shut its website down for repairs or modification in its discretion. Customer is responsible for keeping its own copies of relevant transaction or case documents. Without limitation, Attorney’s Certified Services, Inc. makes no warranty and undertakes no liability with respect to (i) the functionality of its search or retrieval software, (ii) the content, format, accuracy or completeness of its forms, (iii) approval or processing of documents by courts or other government agencies, (iv) the uninterrupted secure or virus free access to its website, or (v) any damage or alteration of documents or information on any party’s computer system resulting from computer “viruses” coming from or through the Attorney’s Certified Services, Inc. website.
Governing Law: This agreement and all disputes relating thereto shall be governed and decided under California Law.
Entire Agreement: These Terms and Conditions, together with the terms and conditions found on Attorney’s Certified Services, Inc. invoices or monthly statements, shall constitute the entire agreement between Customer and Attorney’s Certified Services, Inc. These Terms and Conditions may not be altered except by an agreed writing executed between the parties.
