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Served By Summer Contract Agreement & Terms of Service

 

AGREEMENT

 

The Terms and Conditions (“Agreement”), by and between The Entity of Served by Summer LLC d/b/a Served by Summer, in its capacity as a private process server “process server” and the client who is referred to herein as “Customer,” provides as follows. 

 

 1. Services.  Served by Summer will provide court process serving, document retrieval, and/or skip tracing for process serving on behalf of the Customer, its agents, or its employees that have actual or apparent authority to bind the Customer.   Attempts will include at least 3 different dates with varied times. A proof of service will be supplied to you digitally and via first-class mail. If service of the assignment is not successful but Served by Summer was diligent in their attempt to fulfill the assignment, payment is expected still and may not be unreasonably withheld. At all material times, Served by Summer will exercise in its own professional judgment the method and manner of performing such services.  The scope of such services will be reflected in an invoice that will accompany the service performed by Served by Summer.    

 

2. Rates & Charges . Customer agrees to pay the price for the service set out in the rate plan following.

 

Routine - $65.00 - Service attempt within 7 days

Rush - $110.00 - Service attempt within 24 hours

Same Day - $155.00 - Service attempted same day if ordered by 4:00 P.M. and there is availability.

No Address - If no address is provided we charge Customer $100.00 for locating one.

Original Affidavit - $15.00 - Covers shipping and handling of the wet ink document.

Printing - $0.35 per page exceeding 35 pages. Pages 1-35 are free with service charge. 

 

Customer agrees to pay the amount identified on the invoice within fourteen days of receipt of the Invoice.  Prior to performance of services under this agreement, Served by Summer will issue an Invoice to Customer, which is due upon receipt. All payments not made within 14 days of the date of the invoice will result in the service request being canceled and the service will not be performed. Any contest to the charges on the Invoice must be filed in writing with Served by Summer within 90 days of the date of the Invoice, or they shall forever be barred. Customer shall not have the right to withhold or offset the payment of charges for any reason, including but not limited to the failure to obtain service upon any person and/or entity. 

 

3. Term and Termination . The term of this agreement shall commence when executed by Served by Summer and shall continue until terminated by either party at any time by written letter.

 

4.  Notices . Any and all notices required by this Agreement shall be in writing and delivered to the party entitled to receive same by email, hand delivery or by U.S. Certified Mail to the address identified in this, Agreement. Served by Summer 5427 Espy Avenue Long Beach, MS 39560 (251) 278 8442 summerdozier@icloud.com

 

5. Severability. If any term or provisions of this Agreement or any application thereof shall be held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 

 

6. Attorney Fees and Expenses . In the event an action is initiated, the prevailing party’s reasonable attorney’s fees, taxable costs, and expenses shall be paid by the non-prevailing party.  This includes the costs and expenses of collections and appeals.

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