Pro Legal Serve, LLC Terms of Service Agreement

This Terms of Service Agreement (this “Agreement”) is entered into by and between Pro Legal Serve, LLC, a Florida limited liability company (“Pro Legal”) and the company or individual using Pro Legal’s products or services (the “Customer”) (individually, a “Party,” and collectively, the “Parties”). By clicking submit on our client onboarding form and subsequently using Pro Legal’s products or 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. Pro Legal will carry out the duties and services offered to Customer on its website, printed publications, or through communication to serve process, locate individuals, pick up and/or deliver documents, and file documents (the “Services”).

2. Compensation. Customer will pay to Pro Legal the per-order price as specified on its website or as otherwise agreed. In the event any payment due Pro Legal 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 Pro Legal’s sole reasonable determination, the Customer will pay any costs of collection, including attorneys’ fees. The Customer agrees to an annual rate increase not to exceed 5% of the prior year’s rates.
   1. Payment Terms. Payment is due for all services at the time services are completed. To avoid any confusion, services are typically complete when a return of service or non-service is furnished to the Customer. As a courtesy Pro Legal will extend a 30 day grace period to Customer. After an account is delinquent for 60 days or more Pro Legal at its sole discretion will immediately stop rendering services for Customer. If Customer has placed a payment method on file, Pro Legal at its sole discretion will attempt to settle the delinquent amount using the payment method on file. If Customer has not placed a payment method on file, you authorize Pro Legal to debit Customer’s bank account for any amount owed for charges arising from your use of Pro Legal’s services, pursuant to this service agreement, until this authorization is revoked. You may amend or cancel this authorization at any time by providing written notice to Pro Legal. Pro Legal extends special rates to other businesses in the processing serving industry, (the “B2B Customer”). B2B Customer’s are required to keep an active credit card on file which Pro Legal will automatic charge once services are completed.
3. Term and Termination. If either Party terminates the Agreement, then Pro Legal is entitled to payment for work performed up to the termination date. The definitions contained in this Agreement and the rights and obligations which by their nature should survive termination will be deemed to do so.

4. Limitation of Liability.

4.1       Limitation of Liability, Aggregate Liability.

To the extent permitted by other law, (a) in no event shall Pro Legal be liable to the Customer under any legal theory for any special, indirect, consequential, exemplary, or incidental damages, however caused, arising out of or relating to this Agreement, even if Pro Legal has been advised of the possibility of such damages; and (b) 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 payable for such services to Pro Legal hereunder.

4.2       “Rush” Orders.

While Pro Legal will exercise best efforts to file or serve documents in a timely manner, under no circumstances will Pro Legal be liable for any damages (including but not limited to punitive, indirect, consequential, or special damages, including loss of a claim) for any filing that was requested within 14 calendar days of the expiration of its applicable statute of limitations.

5. General Provisions.

5.1       Notices. Any notice required or permitted by this Agreement to Customer will be in writing and delivered via electronic transmission, upon acknowledgment of electronic transmission or 24 hours after sending if no bounce-back is received. Notice to Pro Legal will be made by certified mail to 335 E Linton Blvd Suite 2238 Delray Beach, FL 33483, ATTN: Managing Member, and deemed effective upon delivery.

5.2       Governing Law; Forum. This Agreement will be governed in all respects by the laws of the State of Florida. The Parties consent to the exclusive personal jurisdiction of the federal and state courts located in Palm Beach County, Florida, as applicable, for any matter arising out of or relating to this Agreement.

5.3       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.

5.4       Successors and Assigns. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Pro Legal. Pro Legal 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.

5.5       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.

5.6       Entire Agreement. This agreement 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.