TERMS OF SERVICE AND SERVICE AGREEMENT

Effective Date: January 1, 2026

Company Name: Lingua Law LLC (hereinafter referred to as “Provider”, “We”, “Us”, or “Our”)

Service Region: State of Washington, USA

1. INTRODUCTION & ACCEPTANCE

1. Agreement to Terms.

By accessing this website, registering an account, submitting an order, or utilizing our process serving and document delivery services (collectively, the "Services"), you (“Client”, “You”, or “Your”) agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between You and the Provider. If you do not agree to these Terms, you must strictly stop using our Services immediately.

2. Authority to Bind.

If you are entering into these Terms on behalf of a law firm, corporation, or other legal entity (as indicated in your order selection: "I am an employee/representative of a law firm"), you represent and warrant that you have the legal authority to bind such entity to these Terms. In such cases, the terms "Client" or "You" shall refer to the entity you represent.

3. Nature of Service.

You acknowledge that the Provider is a private process serving agency operating in accordance with the laws of the State of Washington (RCW). We are not a law firm and do not provide legal advice. Our Services are strictly limited to the delivery of legal documents and related support tasks.

4. Modifications.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the website. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

2. ELECTRONIC COMMUNICATIONS

1. Consent to Electronic Delivery.

By using our Services, you consent to receive all communications, notices, agreements, disclosures, and reports (collectively, "Communications") from the Provider electronically. We will provide these Communications to you by email to the address provided during the ordering process or by posting them on our website/client portal.

2. Legal Effect.

You agree that all Communications provided to you electronically satisfy any legal requirement that such communications be in writing. You accept that an electronic notice of service completion or non-service carries the same importance and effect as a physical notification.

3. Proof of Service (Affidavits/Declarations).

Unless strictly required otherwise by a specific court jurisdiction or requested by the Client in advance:

1. Digital Default:

We will deliver the signed Declaration of Service (Proof of Service) or Affidavit of Non-Service to you in PDF format via email immediately upon preparation.

2. Originals. If you require the physical "wet ink" original of the affidavit for filing with the court, you must request this at the time of order or immediately upon completion. We will mail the original to your billing address via USPS First Class Mail. Expedited shipping of originals may incur additional fees.

4. Client Responsibility.

It is your responsibility to keep your email address current and to monitor your inbox. The Provider is not responsible for Communications that are lost due to your spam filters, firewalls, or incorrect email addresses provided by you.

3. DESCRIPTION OF SERVICES

The Provider offers tiered levels of service to meet varying urgency requirements. The specific service level selected by the Client at the time of order dictates the performance standards and turnaround times as defined below.

1. Standard Service.

1. First Attempt: Within three (3) business days of order receipt and processing.

2. Total Turnaround Target: Up to ten business (10) days.

3. Diligence: Includes up to four (4) attempts at the provided address.

2. Expedited Service.

1. First Attempt: Within forty-eight (48) hours of order receipt.

2. Total Turnaround Target: Approximately five (5) days.

3. Diligence: Includes up to four (4) attempts at the provided address.

3. Same Day Service.

1. Order Cut-off: Orders placed and paid for by 2:00 PM (Pacific Time) will receive a

first attempt on the same calendar day.

2. After Hours: Orders placed after 2:00 PM will receive a first attempt by 10:00 AM

on the following morning.

3. Diligence: This service prioritizes immediate action. Subsequent attempts (if

needed) will be performed on an expedited basis.

4. Dedicated Service.

1. Scope: Service performed at a specific appointment time or under a strict

client-defined scenario (e.g., meeting at a workplace, airport, or specific event).

2. Waiting Time: Includes up to sixty (60) minutes of on-site waiting time.

3. Additional Fees: Waiting time exceeding the included 60 minutes will be billed

automatically at a rate of $75.00 per 30-minute increment.

4. Attempts: Includes one (1) guaranteed attempt at the specified time/location. If

the subject does not appear or cannot be served during the appointment

window, the service is considered complete (Attempted/Non-Serve), and re-dispatch will require a new order.

5. Post (Posting & Mailing).

1. Scope: Physical posting of documents in a conspicuous place at the service

address, followed by mailing copies via USPS First Class Mail.

2. Applicability: Only available for specific legal actions (e.g., Eviction Notices)

where permitted by RCW. Client bears full burden to ensure this

method is legally sufficient for their case type.

3. Turnaround: Posting and mailing completed within 48 hours of order payment.

4. Deliverables: Includes Declaration of Service and Declaration of Mailing.

6. Same Hour Service

1. Guaranteed Maximum Delivery Time: [As specified at checkout] hour(s).

2. Scope: The ultimate priority level for critical legal deadlines. This service is

designed for emergency situations where every minute counts. A dedicated process server is dispatched instantly and moves directly to the target address, bypassing all other tasks.

3. Disclaimer: "Same Hour" is a commercial brand name for our expedited delivery

service. While our primary goal is to deliver documents within one hour of the order being placed, physical and geographical factors may require additional time. At checkout, you will see the maximum delivery window required for your specific destination. By placing your order, you acknowledge and agree to this maximum timeframe.

4. Turnaround: First attempt guaranteed within 60 minutes of order payment (up to 8

hours for far remote areas). Available for orders placed between 7:00 AM and 7:00 PM. Includes immediate dispatch within 10 minutes of payment and preparation of the Declaration of Service within 60 minutes of completion.

5. Deliverables: Real-time GPS tracking (live link provided upon request), exclusive

direct route, photo proof, mandatory video proof, and live status notifications via SMS/email.

6. Attempts: Includes at least four (4) attempts on different days and times of day.

To ensure diligence, a minimum 4-hour gap is maintained between attempts. All attempts are performed between the hours of 6:00 AM and 10:00 PM.

7. Definition of "Attempt".

1. An "Attempt" is defined as the physical deployment of a process server to the address provided by the Client with the intent to deliver documents. If the server arrives at the address and diligently executes the protocol described below, this constitutes a valid attempt, regardless of whether the recipient answers. This definition encompasses not only standard delivery attempts but also deployments resulting in the verification of an invalid address, vacancy, inaccessible physical barriers, or cancellations initiated by the Client after the server has already been deployed.

2. Execution Protocol: We execute three distinct series of alerts during each visit. Each series consists of three firm knocks followed immediately by ringing the doorbell (or electronic bell) once. We observe a mandatory 3-minute waiting period after each knock-and-ring sequence before repeating the cycle.

3. Operational Discretion: We reserve the right to deviate from this protocol without prior approval from the Client if deemed necessary to achieve a better outcome or ensure safety. For example, the server may choose to only knock (suppressing the doorbell) or shorten wait times to avoid escalating a conflict, particularly if there is evidence of hostile behavior from the recipient or occupants.

8. Service Exclusions (Military Installations).

1. The Provider does not facilitate service of process upon any active military installations or restricted-access bases. Orders submitted for addresses located within the following ZIP codes (associated with military bases in the State of Washington) will be automatically canceled and refunded, minus a 10% administrative processing fee:

2. Excluded ZIP Codes: 98278, 98314, 98345, 98315, 98430, 98438, 98433, 98431, 98207, 99011.

3. It is the Client's responsibility to verify that the service address is not located within a restricted military perimeter prior to placing an order.

4. SERVICE PROTOCOL

1. Standard Execution at the Address

The Process Server is required to strictly adhere to the following protocol during every service attempt. The procedure is divided into three stages: arrival, execution of the contact protocol, and documentation of results.

1. Arrival & Assessment

1. Parking: The vehicle must be parked safely, ensuring it does not block driveways, access paths, or other vehicles.

2. Site Assessment: Before approaching the door, the server must assess the property for signs of occupancy, including the presence of vehicles, lights in windows, movement inside, barking dogs, or audible sounds (e.g., television or voices).

3. Safety: The server must not carry firearms during the service attempt.

2. Contact Protocol (The "3x3" Protocol)

1. To ensure due diligence and proper notice, we execute three consecutive series of actions (cycles) during a single visit. Each cycle follows this strict sequence:

1. Knocking: Three firm, audible knocks on the door.

2. Ringing: One press of the doorbell or use of the intercom (if accessible).

3. Waiting: A mandatory 2-minute pause to allow the recipient ample time to answer.

2. Note: This sequence is repeated 3 times totally. The server is required to remain at the door or within visible range of the entrance for the duration of the protocol.

3. Logging & Documentation

1. An attempt is considered valid only if there is complete digital documentation recorded directly at the address.

2. GPS Logging: The server must log the attempt with GPS coordinates captured immediately at the service location.

3. Uploading clear, high-quality photos to verify each visit is mandatory. To constitute a valid attempt, the following photographic evidence must be submitted:

4. Mandatory Location Photos (Required for every attempt):

1. Property Overview: At least one photo capturing the overall view of the property or building facade.

2. Address Verification: At least one photo clearly showing house or unit numbers (if visible).

3. Vehicles: At least one photo of any vehicles present on the premises, including legible license plates whenever possible.

5. Proof of Service Photos (Required based on outcome):

1. For Personal Service: A photo of the documents held up against the background of the property/building to verify presence at the location.

2. For Posting: A photo of the documents securely affixed to the door or doorframe (if posting is authorized).

6. Situational Photos (At Server’s Discretion):

Occupancy Indicators: Photos documenting signs of vacancy (e.g., overflowing mail, broken windows, unkempt lawn) or, conversely, evidence of residency (e.g., packages, open blinds, lights on).

7. Detailed Notes.

If there is no answer, the server is required to document specific observations in the report (e.g., "No lights on," "Noise heard inside," "Black sedan parked in the driveway").

4. Operational Discretion & Safety

We reserve the right to deviate from the protocol outlined in Section “Standard Execution at the Address” without prior Client approval in the following instances:

1. Safety Threats: If there are signs of aggressive behavior from residents or the presence of dangerous animals.

2. Conflict De-escalation: The server may choose to only knock (suppressing the doorbell) or adjust wait times to avoid escalating a conflict.

3. Legal Status: The server operates under the affirmative defense for trespass (RCW 9A.52.090), which permits entry onto private property to serve documents. However, it is strictly prohibited to trespass into residential dwellings, open locked doors, or enter the home.

2. Interaction & Identification Protocol

This section governs the verbal interaction with the recipient. The goal is to secure a positive identification while maintaining safety and professionalism.

1. The "Delivery" Strategy - Utilizing the Element of Surprise.

To maximize the probability of direct contact, our servers do not immediately announce the legal nature of the visit upon arrival. Instead, we identify the interaction as a "document delivery." This strategic approach prevents the subject from refusing to open the door and allows us to utilize the element of surprise effectively.

2. Strict Safety Policy "You Have Been Served".

We maintain a strict, non-negotiable policy regarding the phrase "You have been served." We do not use this phrase under any circumstances, even if explicitly requested by the Client. Experience has shown that this dramatic declaration is unnecessary and aggressive; it significantly increases the risk of hostile escalation and poses a direct threat to the physical safety of our servers.

3. Strategic Scripting & Identification.

Our goal is to confirm identity before defenses are raised. By presenting ourselves as a courier service, we maintain a de-escalated environment.

Our Standard Script: "Hi, I have a delivery of documents for [Name]. Do you know him/her?"

This neutral opening encourages the individual to voluntarily confirm their identity or provide information about the target's whereabouts before realizing they are being served.

4. Professional Demeanor as a Tactical Tool.

We reject the stereotype of the aggressive process server. Our team is trained to maintain a warm, friendly, and approachable attitude at all times. We view politeness as a strategic tool: a calm demeanor disarms the recipient and "throws them off," making it far more likely that we will extract necessary information or complete the service successfully compared to intimidation tactics.

5. Strict Identification Verification

To ensure your Affidavit of Service stands up in court, we employ a rigorous identification protocol designed to eliminate ambiguity and prevent "false positives."

1. Positive Identification Policy

We do not rely on assumptions. Our standard requires explicit verbal confirmation of the recipient's identity before service is considered complete. We strictly avoid casual first-name-only inquiries (e.g., "Are you John?"), which can lead to costly errors. Instead, we require confirmation of the full legal name (e.g., "Are you John Smith?"). This protocol is critical for distinguishing between family members with similar names, such as fathers and sons (Jr./Sr.) residing at the same address.

2. Physical Description

Whether the documents are accepted or refused, our servers record a physical profile based on specific, observable categories. This includes:

1. Ethnicity: Unknown, White/Caucasian, Hispanic/Latino, Black/African American, Asian/Pacific Islander, Middle Eastern, Native American, Other.

2. Gender: Unknown, Male, Female, Other.

3. Approximate Age: Unknown, 14–20, 20–29 (20s), 30–39 (30s), 40–49 (40s), 50–59 (50s), 60+.

4. Height Category: Unknown, Short (Under 5'3" / < 160 cm), Average (5'3" – 5'11" / 160 – 180 cm), Tall (Over 5'11" / > 180 cm)

5. Hair Color: Unknown, Black, Brown, Blonde, Red, Grey/White, Bald, Other.

6. Distinguishing Features: Specific notes on appearance (e.g., glasses, tattoos, facial hair).

7. Policy on Weight Estimation: We intentionally do not estimate weight. Experience shows this metric is highly subjective, probabilistic, and prone to error. Furthermore, we consider it invasive and potentially offensive. Instead, we focus on the objective identification markers listed above to ensure professional and accurate reporting.

8. Vehicle Reporting Policy (Discretionary). Given that many service addresses are located within high-density housing complexes (apartments, condominiums) with shared parking facilities, we do not provide written descriptions (e.g., make, model) or assertions of ownership for vehicles, as we cannot verify registration data in the field. However, at the Process Server’s sole discretion, we may provide photographic evidence of specific vehicles if the Server is confident—based on a "reasonable person" standard—that the vehicle is potentially relevant to the subject of service or the service attempt.

6. Under 18 Age Service

1. The "Safety Buffer" Protocol

1. While Washington State law permits service upon individuals of "suitable age and discretion" (defined as 14 years or older), we apply a stricter internal standard to eliminate legal risks associated with adolescent psychology.

2. The "14-Year-Old" Red Flag Psychologically, children aged 13 often tend to exaggerate their maturity and may falsely claim to be 14.

3. Our Policy: We treat a claim of being "exactly 14" as a Red Flag. Because the risk that the recipient is actually 13 is statistically significant, we generally do not serve individuals who claim to be 14. We aim for a confirmed age of 15+ to ensure the service is legally unassailable.

2. The 15+ Verification Cascade (The 3-Question Test)

If a recipient appears to be under 20 but claims to be 15 or older, we do not take their word for it. We apply a Reasonable Person Standard using a tiered questioning protocol. We proceed down the list only if the previous answer was inconclusive.

1. Question 1 - The "High School" Benchmark

To differentiate between a legally capable teenager (14+) and a minor (12–13), we utilize the Education Status Marker.

How we verify: Instead of asking a generic "How old are you?", which can invite dishonesty, we confirm the recipient's school status (e.g., verifying if they are a Freshman or Sophomore in High School).

Why this matters for you: This distinction provides a concrete, objective cutoff. If the recipient identifies as a Middle Schooler (e.g., 8th grade), we unequivocally refuse service. This strict filtering ensures that no documents are left with individuals who fall below the legal age requirement.

2. Question 2 - The "Driver’s Permit" Milestone

In Washington State, obtaining a learner’s permit (age 15/15.5) is a definitive maturity marker. To strictly verify that the recipient exceeds the minimum legal age requirement (14+), we utilize a specific "Current Eligibility" test.

The Test: Our servers ask: “Are you taking Driver's Ed yet, or are you still waiting?”

Criteria for Valid Service (Green Light): We consider the recipient suitable for service only if they explicitly confirm one of the following current statuses:

• Active: "Yes, I am currently taking Driver's Ed."

• Completed: "Yes, I already have my permit (or license)."

• Eligible: "I am old enough to get it, but I don't want to drive."

Criteria for Refusal (Red Light): We identify the recipient as unsuitable and refuse service to protect your case if:

• Future Timeline: The recipient states they will get it "soon," "in 6 months," or "next year." (This implies they may currently be under 14 or on the borderline, creating unacceptable legal risk).

• Refusal to Answer: The recipient ignores the question or refuses to provide a clear answer.

• Uncertainty: The recipient does not know when they will be allowed to drive.

3. Question 3 - The "Work Eligibility" Check

In Washington State, the legal minimum age for most non-agricultural employment is 14 years old. This provides a clear statutory boundary that we use to verify the recipient's age.

The Test: Our servers utilize a casual inquiry regarding employment status: “Did you manage to snag a summer job this year?”

Criteria for Valid Service (Green Light): We proceed with service only if the recipient demonstrates they meet the age requirement by confirming:

• Current/Past Employment: "Yes, I work at [Place]" or "I worked last summer."

• Active Status: "I am looking for a job right now."

• Eligibility: "I am old enough, but I don't have a job."

Criteria for Refusal: We identify the recipient as unsuitable and refuse service if:

• "Too Young" Admission: The recipient explicitly states, "I'm not old enough yet" or "I can start working next year."

• Lack of Awareness: The recipient seems confused by the concept or unaware that teenagers can work (a common reaction for children 12–13 years old).

• Refusal to Answer: If the recipient avoids the question, we strictly default to a safety refusal.

7. Substitute Service: Resident Eligibility Standards

Under Washington State law, serving documents to a person other than the named defendant (Substitute Service) is fully legal and binding, provided the requirement of co-residency is strictly observed.

1. The "Co-Residency" Absolute Rule

1. The most common reason courts quash (invalidate) service is when documents are handed to an individual who is physically present at the house but does not permanently reside there.

2. The Rule: We are legally permitted to serve a third party only if the address constitutes their Usual Abode.

3. The Criteria: The individual must sleep there, keep their personal belongings there, and receive mail there. Mere physical presence inside the home is insufficient.

2. Who Qualifies? (Approved Recipients)

Subject to our "Safety Buffer" age verification protocols (see above), we may release documents to the following categories of individuals:

1. Spouses & Domestic Partners: Provided they currently reside with the defendant.

2. Roommates: Individuals unrelated by blood who share the living space on a permanent basis.

3. Adult Relatives: Children, parents, or siblings who permanently reside at the same address.

3. Who is Strictly Disqualified? (Prohibited Recipients)

We categorically refuse to serve—and will not leave documents with—the following individuals, even if they are inside the home and offer to accept the papers:

1. Temporary Guests & Visitors: Friends, relatives visiting for a short duration, or partners who "stay over often" but officially maintain a residence elsewhere. Service upon these individuals is legally void.

2. Domestic Workers & Staff: Babysitters, nannies, housekeepers, caregivers, or contractors working on the property. They are employees, not residents.

3. Landlords: Unless the landlord shares the specific unit with the tenant (e.g., rents out a room in their own house), they are not co-residents and cannot accept service on behalf of their tenant.

4. The "Live-In" Exception: A live-in employee may accept service only if they confirm they sleep at the property, have resided there for at least 30 days within the last 60 days, AND explicitly demonstrate an intent to continue residing at the address for at least the next 30 consecutive days.

4. Verification Protocol

"Do You Live Here?" Our servers are trained not to rely on assumptions. Before releasing custody of the documents, we are required to ask a direct qualifying question.

Incorrect Approach: "Will you give this to John?" (This fails to verify residency).

Our Standard: "Do you live at this address?" or "Are you a resident of this household?"

If the individual replies, "No, I'm just watching the kids," "I'm visiting," or "I'm a friend," we will refuse service. We will return at a later time to encounter the defendant or a confirmed co-resident. This protocol guarantees that your Affidavit of Service cannot be successfully challenged on the grounds that the documents were left with a non-resident.

8. Dealing with Refusals: The "Drop Service" Protocol

One of the most persistent myths is the "Hollywood idea" that a defendant must physically touch or hold the documents for service to be valid. This is legally incorrect. In Washington State, a recipient cannot invalidate service simply by refusing to extend their hand or by letting the papers fall to the ground. To ensure these difficult interactions result in a valid service rather than a missed opportunity, we employ the "Drop Service" Protocol.

1. The "Immediate Presence" Rule

1. If a subject has been positively identified but refuses to accept the documents physically (e.g., keeps their hands in their pockets, crosses their arms, or tries to close the door), our servers are trained not to force the exchange.

2. The Action: Instead, the server will place the documents in the recipient's "immediate presence" and line of sight. This typically means placing them at their feet, on the doorstep while the door is open, or on a nearby table within their immediate reach.

3. Legal Validity: Once the documents are placed in the recipient's control or immediate vicinity after identification, legal delivery is considered complete.

2. Advanced Refusal Scenarios

We strictly distinguish between a valid refusal and an invalid attempt to ensure your case stands up in court.

1. The "Slamming Door" (Valid): If the server identifies the subject at an open door, but the subject slams the door shut while the server is offering the papers, we will leave the documents at the threshold. Legal precedent holds that a defendant cannot evade process simply by retreating behind a barrier after contact has been made.

2. The "Closed Door" (Invalid): If the door is never opened—even if someone yells "Go away!" from inside—we will not leave the documents. Leaving papers at a closed door without visual contact constitutes "Posting," which is generally invalid without a court order.

3. Aggressive Refusals (Valid): If a subject becomes verbally abusive (e.g., yelling "Get off my property!"), the server will not engage. They will place the documents on the ground in plain view, state the required notice, and retreat to safety.

3. Verbal Notification (Compliance with Safety Policy)

1. For "Drop Service" to be upheld in court, the recipient must be informed of the nature of the documents. However, we strictly maintain our safety policy regarding aggressive language.

2. What We DO NOT Say: We avoid the dramatic "You have been served!" shout, as this often triggers aggression.

3. What We DO Say. The server will clearly and calmly state: "I am leaving these legal documents for you here. They are important, please read them." This satisfies the legal requirement of informing the subject without escalating the situation.

9. Documentation & Mandatory Video Evidence

A refusal is a significant event that must be meticulously recorded to survive judicial scrutiny. To ensure the highest level of legal integrity, the following protocols apply to all "Drop Service" and refusal scenarios:

1. The Affidavit.

When "Drop Service" is utilized, your Affidavit of Service will explicitly detail:

1. The method of identification used prior to the refusal.

2. The specific actions of the recipient (e.g., "Subject verbally acknowledged identity but refused to take papers from hand").

3. The exact location where documents were left (e.g., "Documents placed on the porch threshold in the subject's clear view").

4. The verbal notice given by the server.

2. Mandatory Video Evidence Standard.

For "Drop Service" or Refusal, video recording is mandatory to corroborate the service. For all other service types, recording is a strict internal quality standard. While we aim to record every interaction, the absence of video for standard personal service due to technical failure does not automatically invalidate the attempt, unless video was pre-ordered or included in the service tier, in which case Section VIII(f) regarding refunds shall apply.

3. Audio/Video Consent & Privacy (RCW 9.73.030).

To maintain the validity of our video evidence while complying with Washington State’s privacy laws:

1. Operational Discretion: The Client acknowledges that service often occurs in high-stress or unpredictable environments. The Process Server retains sole discretion regarding the timing and feasibility of providing a recording notice.

2. Safety First: The Server will make a good-faith effort to notify individuals of the recording when safe and practical. The Provider does not guarantee that such notice will be given in every instance, particularly in volatile or extreme circumstances.

3. Audio Redaction: In compliance with RCW 9.73.030, if an individual objects to being recorded, or if the Server determines that seeking consent would jeopardize safety, the Provider reserves the right to redact (mute) the audio track from the footage delivered to the Client.

4. Evidentiary Value: The Client agrees that video footage without audio (silent video) constitutes full and sufficient proof of service for both internal validation and court purposes.

4. Delivery & Fees.

The recording of "Drop Service" for internal validation is included in all service tiers. However, the delivery of the video file to the Client is subject to the fee schedule in Section VIII. The decision to prioritize safety or comply with privacy laws by providing a silent video does not entitle the Client to a refund or discount on any video-related fees.

5. SERVICE ATTEMPTS & DILIGENCE SCHEDULE

To satisfy the legal requirement of "Due Diligence," our approach is designed to maximize the likelihood of contacting the subject by varying the time and days of our visits.

1. The "Varied Time" Standard

We strictly avoid "patterned" attempts (e.g., visiting only during working hours). Unless specific knowledge of the subject’s schedule dictates otherwise, our standard package of four (4) attempts is distributed across the following time windows to prove diligence to the Court:

1. Morning Block: 8:00 AM – 12:00 PM

2. Afternoon Block: 12:00 PM – 5:00 PM

3. Evening Block: 5:00 PM – 9:00 PM (Critical for residential service)

4. Weekend Block: Saturdays or Sundays (Any time)

2. Frequency of Attempts

The frequency of visits depends on the service level purchased:

1. Standard Service: Attempts are typically spaced 48–72 hours apart. We aim to cover different days of the week (e.g., Tuesday morning, Thursday evening, Saturday afternoon).

2. Rush / Expedited Service: Attempts are made daily or every 24 hours, except for Same Hour Service which follows the 4-hour interval.

3. Same Day Service: The first attempt is immediate. Subsequent attempts follow the "Rush" frequency.

3. Duration of Stay (No Loitering)

1. Standard Process Serving includes the travel to the address and the execution of the contact protocol at the door (knocking/waiting).

2. No Waiting Time: Standard service does not include surveillance or waiting time. If no one answers the door after the mandatory protocol, the server will leave immediately to proceed to the next job.

3. Surveillance: If you require the server to wait in their vehicle (e.g., "Wait until he gets home from work"), this must be booked as "Dedicated Service" (Section III(e)) and is billed by the hour.

4. Cessation of Attempts

Our obligation to continue visiting the address ceases immediately upon the occurrence of any of the following events:

1. Successful Service: The documents are handed to the subject or a co-resident.

2. Max Attempts Reached: We have performed the maximum number of attempts included in your package (e.g., 4 attempts), even if service was not effected.

3. Bad Address Confirmed: We verify that the property is vacant, demolished, or that the subject strictly does not reside there (verified by current occupants or leasing office).

4. Safety Termination: The order is cancelled due to safety hazards (as defined in Section XIII).

6. NO GUARANTEE OF SERVICE RESULT

While we pledge to exercise the highest degree of professional diligence and tenacity in locating and serving your subject, the nature of process serving involves variables beyond our control. Therefore, the Client acknowledges and agrees to the following terms regarding the outcome of the service.

1. Service is an "Obligation of Means," Not Results

We guarantee that we will make the agreed-upon number of attempts at the address provided, utilizing professional tactics, and following Washington State laws. We do not and cannot guarantee that the subject will be successfully served. Why? Factors such as deliberate evasion, the subject moving without a forwarding address, gated access restrictions, or the subject simply not being home during the attempts are outside our control.

2. Fees are for "Attempts," Not "Success."

Our fees cover the reservation of our server's time, fuel, labor, and administrative processing.

1. Non-Refundable: Once the attempts have been performed, the service fee is considered fully earned, regardless of the outcome. We do not offer refunds for "Non-Service."

2. If we are unable to serve the subject after exhausting the required attempts, you will be provided with an Affidavit of Non-Service (Diligent Search). This document is legally valuable as proof of your diligence to the court and is often required to petition for Service by Publication or Mail.

3. Invalid or Outdated Addresses

The Client is responsible for the accuracy of the address provided. If the server arrives at the location and determines that the address is vacant, invalid, or that the subject no longer resides there (e.g., confirmed by a current resident or leasing office), the attempt is considered valid and billable. We are not liable for failure to serve due to incorrect information provided by the Client.

4. Legal & Ethical Boundaries

We will not compromise legal standards to achieve a result. If completing the service requires trespassing on posted private property (beyond the curtilage), breaking into a secured building, or harassing the subject, we will cease attempts. A refusal to break the law does not constitute a failure of service on our part.

7. AFFIDAVITS & REPORTING: YOUR PROOF OF SERVICE

Upon the completion of the work—whether the service was successful, or the attempts were exhausted—our deliverables serve as your official legal proof for the court.

1. Types of Proof

Provided Depending on the outcome of the assignment, you will receive one of the following legal documents:

1. Affidavit of Service (Proof of Service): Issued when the documents are successfully delivered. This document details the date, time, location, manner of service, and a description of the recipient (or the specific "Drop Service" circumstances).

2. Affidavit of Non-Service (Declaration of Diligence): Issued when we have exhausted the required attempts without success. This detailed report lists every attempt made, dates, times, and the specific reasons for failure (e.g., vacant property, evasion). Note: This document is critical for petitioning the court for Alternative Service (e.g., by mail or publication).

2. Standard vs. Notarized Signatures (Fee Policy)

1. Standard Declaration (Included): By default, for cases filed within Washington State courts, we provide a "Declaration under Penalty of Perjury" pursuant to RCW 9A.72.085. This form is legally equivalent to a notarized affidavit for use within Washington State and is included in the base price.

2. Notarized Affidavit (Additional Fee): If your case is filed in an out-of-state court that requires a "wet ink" notarized signature, or if you specifically prefer a Notarized Affidavit, this is considered an add-on service.

3. Cost: A separate Notary Fee applies for each document requiring notarization.

4. Procedure: You must request this prior to the finalization of the report. The hard copy will be mailed to you after notarization (postage fees may apply).

3. Delivery Timeline

1. Digital Copy: A scanned PDF of the signed Affidavit/Declaration will be emailed to you within 24–48 hours of the final service attempt.

2. Originals: If a wet-ink original is required (or if notarization was purchased), it will be mailed via USPS First Class Mail within 2 business days of completion. Expedited shipping (FedEx/UPS) is available at the Client's expense.

4. Accuracy & Corrections

1. We pride ourselves on precision. However, it is the Client's responsibility to review the draft Affidavit immediately upon receipt.

2. Our Error: If we made a clerical error (e.g., typo in the case number), we will correct and re-sign the document free of charge.

3. Client Error: If the Affidavit needs to be revised due to incorrect information provided by the Client (e.g., Client provided the wrong case caption or defendant name), a Revision Fee may apply for re-drafting and re-signing the legal document.

8. PRICING, PAYMENT & WAITING TIME

1. Dynamic Pricing Model

Our pricing structure is strictly determined by the geographic location (ZIP Code) of the service address and the urgency level selected. We categorize service areas into Zones (1, 2, 3, etc.) reflecting the distance and travel time required.

2. Base Rates

The prices listed below represent our starting rates for Zone 1. Prices for rural or remote ZIP codes will be higher and calculated automatically at checkout.

1. Standard Service: Starting at $115.00

2. Expedited Service: Starting at $135.00

3. Same Day Service: Starting at $175.00

4. Same Hour Service: Starting at $250.00

5. Dedicated Service: Starting at $195.00

6. Posting & Mailing: Starting at $40.00

Prices listed below are current as of the Effective Date. Current pricing is always calculated dynamically at checkout and supersedes the rates listed below if different.

3. Pre-Payment Requirement

1. All orders must be paid in full prior to the initiation of service.

2. No Credit Terms: Unless a separate corporate billing agreement has been signed and approved by our finance department, work will not commence until the invoice is settled.

3. Printing Fees: The base service fee includes the printing of up to 20 pages of documents. Document packages exceeding 20 pages will incur a printing surcharge of $0.25 per page for the excess.

4. Waiting Time Policy

1. Standard / Expedited / Same Day: These services cover the attempt only. They do not include surveillance time or waiting for a subject to arrive. The server will perform the contact protocol (knock/ring/wait 3 mins) and depart.

2. Dedicated Service: This is the only tier that includes waiting time.

3. Included: Up to 60 minutes of on-site waiting/surveillance is included in the base price.

4. Overtime: If the Client requests the server to wait beyond the initial hour, "Wait Time" will be billed automatically at $75.00 per 30-minute increment.

5. Credit Card Disputes (Chargebacks)

1. The Client agrees that they will not initiate a chargeback or payment dispute with their credit card issuer for validly performed services (including "Non-Service" outcomes or "Bad Address" findings).

2. Penalty: In the event of a wrongful chargeback, the Client agrees to pay a $150.00 Administrative Penalty plus the original service amount and all legal fees incurred to recover the debt.

3. Account Ban: Initiating a chargeback will result in the immediate and permanent blacklisting of the Client’s account and law firm from our platform.

6. Institutional Service Surcharges.

Due to the significant administrative delays and security processing times required for delivery at high-security institutions, the following mandatory surcharges apply in addition to the base service fee:

1. Correctional Facilities (Jails/Prisons): A mandatory surcharge of $200.00 applies to any service attempt at a jail, prison, or detention center.

2. Medical Facilities (Hospitals): A mandatory surcharge of $100.00 applies to any service attempt at a hospital, psychiatric facility, or secure medical wing.

Note: These surcharges cover the first attempt only. Subsequent attempts at these locations will require a new order.

7. Video Recording Services & Fees

The Provider utilizes recording devices (DashCam/BodyCam) for safety and verification purposes. While the Provider aims to record all interactions, video delivery is guaranteed only for "Drop Service" instances or when specifically purchased as an add-on:

1. Included (Free of Charge): Video recordings are provided at no additional cost for orders placed under the Same Hour, Same Day Service, and Dedicated Service tiers.

2. Pre-Ordered Video (Standard/Expedited): If the Client requests a video recording at the time of placing an order for Standard or Expedited Service, a surcharge of $50.00 applies.

3. Post-Service Video Request: If the Client requests a recording after the service has already been completed, a $100.00 Retrieval Fee applies. This fee covers the administrative time required to locate, process, and securely transmit the archived footage.

8. Storage Limitation.

The Provider retains video archives for a period of 365 days following the service attempt. Requests made after this period may not be fulfilled if the data has been purged.

9. BAD ADDRESS & INACCESSIBLE PREMISES POLICY

1. The "Trip Fee" Principle

The Client acknowledges that the Service Fee covers the operational costs of deploying a process server to a specific geographic location (fuel, labor, time). Therefore, our fees are strictly based on the location visited, not the person found.

2. Definition of "Bad Address" (Billable Events)

If the Process Server arrives at the provided address and determines that service is impossible due to the status of the address itself, the attempt is considered valid, complete, and fully billable. No refunds or credits will be issued for:

1. Vacant Properties: The premises are empty, abandoned, or demolished.

2. Wrong Resident: A current resident proves that the subject does not live there (and has no connection to the property).

3. Invalid Address: The address does not exist (e.g., a non-existent house number provided by the Client).

4. Commercial Refusal: The address is a business, and the server is denied access by security or the business is closed during posted hours.

3. Inaccessible Premises (Gates & Codes)

1. It is the Client's sole responsibility to provide all necessary access codes, gate keys, or entry instructions.

2. Barriers to Entry: If a server arrives at a gated community, secure apartment complex, or office building and is unable to enter because:

1. The Client did not provide a gate code;

2. The provided code does not work;

3. The security guard refuses entry;

3. Consequence: This counts as a valid billable attempt. The server is not required to "tailgate" other cars or break security protocols to enter.

4. New Address = New Order

1. If we determine the address is "Bad" (e.g., the neighbor says "He moved to 123 Main St"), we will document this information in the Affidavit of Non-Service.

2. Re-Routing: We do not automatically go to the new address. The Client must place a new order for the new location. Service fees are not transferable between addresses.

10. CANCELLATIONS & REFUNDS POLICY

Because our services require the immediate allocation of manpower, fuel, and administrative resources, our cancellation policy is governed by strict "Commencement of Performance" rules.

The order becomes 100% Non-Refundable upon the occurrence of EITHER of the following two events (whichever comes first):

1. Event A: Dispatch Notification (The "En Route" Rule)

Regardless of how much time has passed since the order was placed, the service fee becomes fully non-refundable the moment our system sends a "Server Dispatched" or "En Route" email notification to you.

Example: If you place an order and receive a dispatch notification 5 minutes later, the order is locked. The server is already moving, and costs have been incurred. No cancellation is possible from this second forward.

2. Event B: Automatic Time-Based Lock-In

If a dispatch notification has not yet been sent, the order automatically becomes non-refundable after a specific time window. This reflects the administrative work (routing, printing, packet preparation) that occurs in the background.

1. Post Service: Cancellation is impossible 12 hours after payment.

2. Standard Service: Cancellation is impossible 48 hours after payment.

3. Rush Service: Cancellation is impossible 12 hours after payment.

4. Same Day: Cancellation is impossible 1 hour after payment.

5. Same Hour: Cancellation is impossible immediately after payment.

6. Dedicated Service: Cancellation is impossible 1 hour after payment.

3. Summary of Refund Eligibility

1. Before the Lock-In: If you cancel before the dispatch email is sent AND before the time window expires (e.g., cancelling a Standard order 2 hours after placement), you are eligible for a refund minus a 10% Administrative Processing Fee. Note: This does not apply to Same Hour Service, which is non-refundable immediately upon payment.

2. After the Lock-In: Once either the email is sent OR the time limit expires, 0% refund is available.

4. The "Flat Rate" Rule (Early Success)

Our standard service fees are a "Flat Rate" for a package that includes up to a specified number of attempts. If we successfully serve the subject on the first or second attempt, no refunds or pro-rated credits will be issued for the "unused" attempts. You are paying for the guarantee of diligence and the availability of our resources, not the number of trips.

Notary Fees: If a document has already been notarized, the fee is non-refundable.

5. Refund due to Agency Error

In the rare event that a failure to serve is directly caused by a proven error on our part (e.g., the server went to a completely different address than the one provided and never corrected it), we will offer a full refund or a re-service at no additional cost, at the Client's discretion.

11. PROMOTIONAL CODES & LOYALTY PROGRAM

Our Promotional Code program is a discretionary benefit designed to reward our most loyal and high-volume clients. These codes are issued solely at the Company's discretion as a form of gratitude for your continued partnership.

1. The Reward Structure

Promotional codes issued under this program provide a discount starting at 10%, with higher percentages available for Elite and Enterprise partners as defined in the loyalty tiers below.

2. Qualification Criteria (The "Volume" Rule)

Eligibility is based on the volume of "Services" ordered, not necessarily the number of checkout transactions.

1. Definition: A "Service" counts as one qualifying credit for every full standard service fee paid.

2. Scenario A (Bundled/Add-On): If you order service for multiple people at the same address but pay only one base fee (e.g., "1st Defendant" + "2nd Defendant add-on fee"), this counts as 1 Service.

3. Scenario B (Separate Orders): If you order service for multiple people at the same address and pay two full-service fees (e.g., treating them as separate files), this counts as 2 Services.

4. Rule of Thumb: Your loyalty progress tracks with your paid service volume, not just the number of trips we make.

3. Loyalty Tiers & Validity

We calculate your volume based on a "Rolling 30-Day Lookback" period. Depending on your activity level, you may qualify for one of three code types:

1. Tier 1: The "One-Time" Bonus

Qualification: You have completed at least 3 Services within the last 30 consecutive days.

Benefit: A single-use promo code (10% off) valid for your next order.

Expiration: Code expires 30 days after issuance.

2. Tier 2: The "Monthly Partner" Pass

Qualification: You have completed at least 5 Services within the last 30 consecutive days.

Benefit: A reusable promo code (10% off) valid for unlimited use on all orders placed within the next 30 days.

3. Tier 3: The "Power User" Pass (Quarterly Status)

Qualification: You have completed at least 10 Services within the last 30 consecutive days.

Benefit: A reusable promo code (10% off) valid for unlimited use on all orders placed within the next 3 months (90 days).

4. Tier 4: The "Elite Partner" Status (Annual)

Qualification: Completed at least 100 Services within the previous 12 months (Rolling Year).

Benefit: A dedicated annual promo code (12% OFF) valid for unlimited use on all orders for the next 12 months.

Activation: Status is granted immediately upon reaching the 100-service threshold.

5. Tier 5: The "Enterprise Partner" Status (Top Tier)

Qualification: Completed at least 500 Services within the previous 12 months.

Benefit: Our maximum discount tier. A dedicated annual promo code (15% OFF) valid for unlimited use on all orders for the next 12 months.

Activation: Status is granted immediately upon reaching the 500-service threshold

4. Terms of Use

Domain-Based Usage Rights: The applicability of a promo code depends on the type of email address associated with the account:

1. Non-Corporate Emails (Gmail, Yahoo, Outlook, etc.): Codes assigned to generic email providers are strictly individual. They are valid only for orders placed by the specific email address registered to the account. These codes cannot be shared, transferred, or used by colleagues.

2. Corporate Domains: Codes assigned to a verified professional domain (e.g., name@SmithLawFirm.com) are considered "Domain-Wide." These codes may be applied to any order placed by any authorized employee using an email address from that same corporate domain.

3. Stackable Discounts (Combinable Offers). Your Loyalty Tier promo code CAN be combined with other special offers, seasonal sales, or bulk volume discounts active at the time of purchase. This allows your total savings to compound significantly (e.g., up to 25% or more).

4. No Retroactive Application: Promo codes must be applied at the time of checkout. We cannot refund the difference if you forget to enter the code.

5. Revocation Rights: The Company reserves the right to revoke any promotional code or terminate the loyalty program at any time without prior notice, particularly in cases of account delinquency or abuse.

5. Legal Disclaimer: Discretionary Nature of Discounts & Waiver

Please review the legal nature of our bonus program carefully.

1. Sole and Absolute Discretion

All promotional codes, loyalty statuses, and discounts are provided solely as a gesture of goodwill. The decision to issue, apply, or refuse a promotional code rests entirely within the sole and absolute discretion of the Agency.

2. No Contractual Right

Even if a Client account technically meets the program's eligibility criteria (e.g., order volume thresholds), this does not create an automatic legal right to demand a discount. We reserve the unconditional right to deny the application of a discount to any Client for any reason, without obligation to provide an explanation.

3. No Cash Value

Promotional codes and discounts have no monetary value. They are not legal tender, currency, or property. They cannot be cashed out, sold, transferred, or exchanged for other services or credits.

4. Revocation & Waiver of Liability

By placing an order or attempting to utilize a promotional code, the Client unconditionally agrees to the following:

1. Right to Revoke: A promotional code may be cancelled, revoked, or invalidated by the Agency at any time without prior notice.

2. Waiver of Claims: In the event that a discount is denied or revoked, the Client waives any right to claim compensation, reimbursement, damages, "lost profits," or the difference in price.

3. Acceptance: The Client acknowledges that the application of a discount is a privilege, not a right, and explicitly releases the Agency from any liability or legal claims related to the modification, suspension, or termination of the loyalty program.

6. Client Initiation & Review Process

It is the Client's sole responsibility to monitor their own order volume and identify when they have met the criteria for a loyalty tier. We do not automatically issue codes; instead, the Client must proactively submit a formal request via our corporate email aaarivolegaldelivery@gmail.com, specifying the qualifying period and service count. We reserve a processing period of up to ten (10) business days to audit the account and verify eligibility. At the conclusion of this review, we will either issue the applicable promotional code or a denial; this decision is final, binding, and not subject to appeal or dispute. We reserve the absolute right to withhold any discount without providing a specific reason or justification, and the Client waives any right to contest this determination.

12. CLIENT RESPONSIBILITIES & DOCUMENT LEGALITY

By submitting an order, the Client acknowledges that the Agency acts solely as a neutral third-party process server and assumes no liability for the content, validity, or origin of the documents provided.

1. Warranty of Legality & Authority

The Client represents and warrants that:

1. All documents submitted for service are legitimate legal processes authorized by a court of law or permitted by statutory rules.

2. The Client has the legal right and authority to initiate service of said documents.

3. The documents are not being served for the purpose of harassment, intimidation, fraud, or any illegal objective.

2. The "Messenger" Role (No Legal Review)

1. Our function is strictly administrative: to deliver the papers you provide.

2. No Validation: We do not read, review, or verify the documents for legal sufficiency, accuracy, dates, or jurisdiction.

3. Client's Responsibility: It is the Client's sole responsibility to ensure that the documents are:

1. Complete: Containing all required pages, attachments, and exhibits.

2. Correct: The correct version (e.g., the filed copy vs. a draft).

3. Legible: Clear and readable when printed from the uploaded PDF.

4. Liability: If service is deemed invalid by a court because the Client provided incomplete, incorrect, or illegible documents, the Agency bears no responsibility, and no refunds will be issued.

3. Indemnification Regarding Content

The Client agrees to fully indemnify, defend, and hold the Agency (and its individual servers) harmless from any and all claims, lawsuits, damages, or liabilities arising from the content of the documents served. Example: If a recipient sues the process server claiming the lawsuit is "frivolous," "libelous," or "fraudulent," the Client agrees to pay all legal costs associated with defending the Agency against such claims.

4. Right to Refuse (Fraudulent Process)

We maintain a strict policy against the service of "Pseudo-Legal" or "Sovereign Citizen" documents that simulate legal process but lack judicial authority. If we reasonably suspect that the documents are fraudulent, fake, or intended to unlawfully intimidate the recipient, we reserve the right to terminate the order immediately without refund and report the incident to relevant law enforcement or judicial authorities.

13. SAFETY, RIGHT TO REFUSE & HAZARDOUS CONDITIONS

Our highest priority is the physical safety and well-being of our staff. We adhere to a strict policy regarding dangerous environments, ensuring that no process server is forced to work under conditions that threaten their life or health.

1. Absolute Right to Refuse Service

The Agency reserves the unconditional right to refuse service or terminate an ongoing attempt at any location, at any time, if the Process Server or Agency management subjectively perceives an immediate threat to safety. This right is absolute and may be exercised regardless of whether the specific threat is explicitly listed in these Terms.

2. Environmental & Biological Hazards

We will not perform service at properties that present environmental or biological risks. A service attempt will be deemed "unsafe" and validly billed (as a Non-Serve) if the server encounters:

1. Structural Instability: Rotting porches, missing stairs, collapsing roofs, or other hazardous impediments preventing safe approach to the door.

2. Biohazards & Hoarding: Visible presence of feces (human or animal), hypodermic needles, excessive trash blocking access, infestations, or hoarders' conditions that make the property inaccessible or unsanitary.

3. Chemical Hazards: Evidence of illegal drug manufacturing (e.g., strong chemical odors associated with methamphetamines) or gas leaks.

3. Animals & Unrestrained Pets

We have a zero-tolerance policy regarding unrestrained animals.

1. The "Loose Dog" Rule: If a dog (regardless of breed or size) is loose on the unfenced property or has access to the path to the door, the server will not exit the vehicle.

2. Invisible Fences: We treat properties with "Invisible Fence" signs as having loose dogs unless the animal is visibly restrained.

3. Consequence: Such encounters constitute a valid "Attempt" due to inaccessible premises.

4. Handling Hostility & Threats: Zero Tolerance Protocol

Process serving carries inherent risks. While our servers are trained in de-escalation, we maintain a Zero Tolerance Policy regarding violence to ensure the safety of our team. This section outlines how we manage hostile encounters without compromising the legal integrity of your case.

1. The "Immediate Disengagement" Rule

1. Our servers are instructed to prioritize human safety over service completion in high-risk scenarios.

2. Triggers for Retreat: We will immediately abort a service attempt and retreat to a safe location if the recipient:

1. Displays any type of weapon (firearm, knife, blunt object).

2. Makes a credible verbal threat of physical violence (e.g., "I will shoot you," "I'm letting the dogs out").

3. Engages in physical aggression (shoving, blocking the vehicle).

3. Why this protects you. An injured process server leads to a police investigation that can indefinitely delay your case. By retreating professionally, we preserve the opportunity to serve via alternative safe methods.

2. Documenting "Evasion by Threat"

1. When a defendant uses threats to avoid service, they are actively creating evidence against themselves. All hostile interactions are recorded on audio/video. If a threat is criminal in nature (e.g., brandishing a weapon), we file a formal police report.

2. Affidavit of Non-Service: We provide you with a detailed affidavit describing the threat. This document is powerful in court: judges often view violent evasion as an indication of bad faith, which can support a motion for Alternative Service (e.g., by mail or publication).

3. Criminal Consequences for the Defendant In Washington State, threatening a process server can constitute Harassment (RCW 9A.46.020) or Intimidation. We do not hesitate to press charges against individuals who threaten our staff. This strict stance often compels uncooperative defendants to accept documents peacefully to avoid criminal liability.

3. Future Attempts: Civil Standby Protocol

If a specific address is deemed "High Risk" due to a documented threat:

1. No Solo Returns: We will not send a server back to that address alone.

2. Police Escort: We will arrange for a "Civil Standby," where a local law enforcement officer accompanies our server to the door to keep the peace.

3. Client Notification: We will immediately notify you if this escalation is necessary, as it may require coordination with local Sheriff's departments.

5. Client Duty to Disclose & Liability

We rely on the information you provide to keep our servers safe. When submitting an order, you have an affirmative duty to disclose all known safety hazards in the "Access & Safety" section of our intake form.

1. Mandatory Disclosure.

You must explicitly inform us if the subject is known to:

1. Possess firearms or weapons.

2. Have a history of violence, hostile behavior, or prior criminal convictions for violent offenses.

3. Own aggressive animals or "guard" breeds (e.g., fighting dogs).

4. Other threats or hazards.

2. Liability for Failure to Warn.

If you are aware of such risks but fail to disclose them (e.g., by selecting "No known hazards" or “Unknown”, when dangers exist), the Client unconditionally agrees to fully indemnify and reimburse the Agency for all resulting damages. This liability is absolute and includes, but is not limited to:

1. Medical Expenses: All costs related to the emergency treatment, hospitalization, and rehabilitation of the injured process server.

2. Lost Income & Profits: Reimbursement for the agency's lost revenue, business interruption, and the server's lost wages during the recovery period.

3. Incidental & Consequential Damages: All related costs, including damage to vehicles/equipment and legal fees incurred by the Agency.

3. Risk Disclosure & Hazard Surcharge (X2 Rate)

If you proactively disclose these risks before the service attempts begin, we assume the operational risk. This disclosure releases the Client from liability regarding injuries or damages related to the specific disclosed hazards, as it allows us to implement necessary safety protocols (such as dual-server teams or police escorts).

4. Hazard Fee

Due to the elevated danger and resource requirements, service attempts for High-Risk targets are subject to a mandatory multiplier. The total cost for such service will be automatically adjusted to 2x (double) the standard rate originally paid by the Client for this order.

14. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY.

IT LIMITS THE LIABILITY OF THE PROVIDER TO THE CLIENT.

1. Cap on Financial Liability (The "Service Fee" Limit)

To the maximum extent permitted by applicable law, the total cumulative liability of the Provider, its affiliates, officers, employees, agents, and independent contractors to the Client for any and all claims, losses, or damages arising out of or relating to this Agreement or the Services (whether based on contract, tort, negligence, warranty, or otherwise) shall strictly not exceed the total amount actually paid by the Client for the specific Service Order giving rise to the claim.

In plain English: If we make a mistake, the absolute maximum refund or compensation you can receive is the amount you paid us for that specific job.

2. Waiver of Consequential Damages

In no event shall the Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

1. Lost Profits or Revenue: (e.g., if you lose a business deal because papers weren't served).

2. Loss of Legal Rights: (e.g., if a statute of limitations expires or a case is dismissed/quashed due to service issues).

3. Legal Fees: Attorney's fees, court costs, or sanctions imposed by a court.

4. Emotional Distress: Damages related to stress, anxiety, or inconvenience. This waiver applies even if the Provider has been advised of the possibility of such damages.

3. No Liability for Third-Party Actions

We are not responsible for the actions or omissions of third parties, including but not limited to:

1. Court Clerks: Failure of the court to accept filings or affidavits.

2. Postal Services: Delays or loss of documents by USPS, FedEx, or other carriers during mailing (e.g., for Affidavits or Service by Mail).

3. Intermediaries: Errors caused by other law firms or agencies involved in the chain of command.

4. No Liability for Transmission Errors

We are not liable for any loss of data, corruption of files, or delays in communication caused by technical failures, internet outages, email filters (spam folders), or cybersecurity breaches beyond our reasonable control.

5. Acknowledgment of Risk

The Client acknowledges that process serving is an inherently uncertain activity dependent on the behavior of the recipient and external variables. The Client voluntarily assumes the risk that service may not be successful or may be challenged in court and agrees that the Provider’s liability is strictly limited to the performance of the agreed-upon attempts in a diligent manner.

6. Materiality

The Client acknowledges that the pricing of the Services reflects this allocation of risk and limitation of liability. The Provider would not be able to offer the Services at the current price points without these specific limitations.

15. FORCE MAJEURE (UNFORESEEABLE DELAYS)

1. Suspension of Obligations

Neither the Provider nor the Client shall be held liable for any failure or delay in the performance of their respective obligations under these Terms (except for the obligation to pay outstanding fees) if such failure or delay is caused by acts or events beyond their reasonable control ("Force Majeure Events").

2. Defined Events

Force Majeure Events include, but are not limited to:

1. Acts of God: Earthquakes, floods, fires, landslides, volcanic activity, or severe weather conditions (e.g., snowstorms, ice storms, heavy fog) that make travel hazardous or impossible.

2. Civil & Government Action: War, terrorism, riots, civil unrest, strikes, labor disputes, government lockdowns, curfews, or declaration of states of emergency (local or national).

3. Public Health: Pandemics, epidemics, or quarantine restrictions.

4. Infrastructure Failure: Widespread internet or telecommunications outages, power grid failures, or banking system disruptions.

5. Transportation Disruptions: Road closures by law enforcement, severe traffic accidents blocking access routes, or fuel shortages.

3. Effect on Service

Timelines In the event of a Force Majeure occurrence:

1. Automatic Extension: All guaranteed turnaround times (e.g., "3-Day Standard," "Same Day") are automatically suspended and extended for the duration of the event plus a reasonable recovery period.

2. Safety First: The Provider retains sole discretion to suspend field operations if road conditions are deemed unsafe for our servers (e.g., black ice or unplowed roads). The Client acknowledges that safety takes precedence over speed.

3. No Refunds for Weather Delays: Delays caused by Force Majeure do not constitute a breach of contract and do not entitle the Client to a refund of Rush or Same Day fees, provided the Agency resumes attempts as soon as conditions permit.

4. Notification

The Provider will make commercially reasonable efforts to notify the Client (via email or website banner) if a Force Majeure Event is expected to cause significant delays to active orders.

16. CLAIMS LIMITATION PERIOD

1. Mandatory Inspection & Dispute Window (14 Days)

1. The Client agrees to inspect all deliverables (including Affidavits, Declarations, and Photos) immediately upon receipt.

2. The Rule: Any claim that the Services were performed improperly, or that the documentation contains errors (e.g., typos, incorrect dates, wrong GPS data), must be submitted to the Provider in writing within fourteen (14) calendar days of the delivery of the final proof of service (or non-service).

3. Waiver: Failure to raise a dispute within this 14-day window constitutes an unqualified acceptance of the Services "as is" and a waiver of the right to demand corrections or refunds for obvious errors.

2. Contractual Statute of Limitations (1 Year)

1. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

2. Intent: This provision expressly modifies and shortens the statutory limitations period otherwise provided by Washington State law (including the standard 6-year period for written contracts under RCW 4.16.040).

3. Applicability

This limitation applies to all claims, whether based on contract, tort, negligence, statutory provision, or any other legal theory.

17. PRIVACY & DATA CONFIDENTIALITY

1. Use of Confidential Information

We acknowledge that in the course of performing the Services, the Client will provide us with sensitive legal information, including personal data of defendants (addresses, dates of birth, physical descriptions) and privileged case details.

1. Our Commitment: We agree to hold all such information in strict confidence and use it solely for the purpose of executing the requested Service and related administrative tasks (e.g., billing).

2. No Selling: We do not sell, trade, rent, or voluntarily disclose Client or Defendant data to third-party marketers or data brokers.

2. Authorized Disclosures (The "Public Record" Exception)

1. The Client acknowledges that the nature of Process Serving requires certain data to be made public.

2. The Provider is authorized to disclose confidential information in the following specific circumstances:

1. Court Filings: The Client understands that the Affidavit of Service (or Non-Service) we prepare contains specific details about the recipient and the service event. Once filed with the Court, this document becomes a matter of public record. The Provider is not liable for the public availability of information contained in mandatory legal proofs.

2. Independent Contractors: We may share necessary case data with our authorized, background-checked independent process servers solely to enable them to effect service.

3. Law Enforcement: In the event of a threat, assault, or criminal act directed at our staff, we reserve the right to share all relevant subject data and case information with law enforcement agencies to aid in investigation and prosecution.

3. Data Security & Transmission

1. We employ industry-standard security measures (SSL encryption, secure client portals, access controls) to protect your data.

2. Disclaimer: However, no method of electronic transmission or storage is 100% secure. The Client acknowledges that they transmit documents and personal data at their own risk. The Provider shall not be liable for data breaches caused by unauthorized third-party hacking, provided that we have maintained reasonable security protocols.

4. Retention of Records

We retain service records, GPS logs, photos, and digital copies of affidavits for a minimum period of three (3) years (or longer if required by WA law) for audit and legal verification purposes. After this period, we reserve the right to securely destroy or anonymize old case data without notice to the Client. Video archives are subject to the specific 365-day retention period defined in Section VIII(f).

18. GOVERNING LAW & DISPUTE RESOLUTION

1. Governing Law

This Agreement, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement, shall be governed by, and enforced in accordance with, the internal laws of the State of Washington, including its statutes of limitations, without regard to any conflict of laws principles that might compel the application of the laws of any other jurisdiction.

2. Exclusive Venue (Forum Selection)

1. The Client and the Provider irrevocably agree that any legal action, suit, or proceeding arising out of or related to these Terms or the Services provided shall be instituted exclusively in the Superior Court of Washington for Pierce County or, if applicable, the federal courts located in the Western District of Washington.

2. Consent: The Client hereby waives any objection to this venue based on forum non conveniens (inconvenient forum) or lack of personal jurisdiction.

3. Attorney’s Fees (Prevailing Party)

In the event of any litigation, arbitration, or collection action arising out of this Agreement (including the collection of unpaid invoices), the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including but not limited to attorney's fees, court costs, collection agency fees, and litigation expenses.

4. Class Action Waiver

THE CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE PROVIDER.

Any claims must be brought in the Client’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

5. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable (or severed if modification is not possible), and the remaining provisions of these Terms shall remain in full force and effect.

6. Entire Agreement

These Terms of Service, combined with the specific details of the Order Form (invoice), constitute the entire agreement between the Client and the Provider regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises, and proposals, whether oral, written, or electronic.

19. LEGAL BASIS & COMPLIANCE

1. Compliance with Washington State Law

All Service of Process services provided by our Company are executed in strict accordance with the Revised Code of Washington (RCW) and the Civil Rules of the State Supreme Court. The operational baseline for our actions includes:

1. RCW 4.28 (Commencement of Actions): General procedures for service.

2. RCW 59.12: Special procedures for Eviction Notices.

3. RCW 34.05 (Administrative Procedure Act): For administrative proceedings.

2. Standards for Personal & Substituted Service

1. When performing service, we are guided not only by the letter of the law but also by current precedents of the Washington State Supreme Court, ensuring a balance between strict adherence to form and actual notice to the defendant.

2. Determination of Residence (Usual Abode): We perform Substituted Service at the defendant's "usual abode" to persons of suitable age and discretion. Based on the precedents of Wichert v. Cardwell (1991) and Sheldon v. Fettig (1996), we proceed from a "liberal interpretation" of the concept of abode if it facilitates actual notice to the addressee. This means service may be made to a family member present in the home, even if they reside there temporarily, provided that such person has a substantial and sustained connection with the addressee.

3. Limitations (The "House-Sitter" Rule): Pursuant to the ruling in Salts v. Estes (1997), we do not perform service upon persons who are not residents of the home (e.g., temporary workers, visiting nannies, or persons house-sitting in the owner's absence), as this does not meet the "resident therein" statutory standard.

4. Client Responsibility: The Client is obligated to provide accurate information regarding whether the address constitutes the actual "center of domestic activity" of the defendant.

3. Special Requirements for Eviction Cases (Unlawful Detainer)

1. We acknowledge that Washington courts require strict (literal) compliance with procedures in eviction cases (unlike the more flexible "substantial compliance" approach in general civil cases).

2. Notices: When serving notices (e.g., 3-day pay or vacate), we adhere to the norms of RCW 59.12.040 and the precedent Christensen v. Ellsworth (2007).

3. Calculation of Time: Deadlines are calculated by us in calendar days, without excluding weekends, as required by law for this specific category of cases. Any deviations from strict regulation are permitted only upon direct written instruction from the Client and under their full responsibility.

4. Service by Mail & Publication

1. In cases where personal service is impossible, we assist in preparing affidavits to obtain court permission for alternative methods of service.

2. Due Diligence: We remind Clients that under Painter v. Olney (1984) and Martin v. Meier (1988), the use of alternative methods (publication or service via the Secretary of State) is permissible only after conducting an "honest and reasonable" search for the defendant. We are ready to perform such a search (skip tracing), but its completeness depends on the initial data provided by the Client.

3. Timelines for Service by Mail: When a court order for service by mail (CR 4(d)(4)) is obtained, we are guided by the rule established in Jones v. Stebbins (1993): service is deemed perfected at the moment of mailing documents ("date of mailing"), which allows the Client to comply with the 90-day statute of limitations tolling period (RCW 4.16.170).

5. Disclaimer Regarding Judicial Rulings

Although we act in strict accordance with the aforementioned statutes and precedents, the question of the "sufficiency of service" is ultimately decided by the court based on the specific facts of the case. We guarantee adherence to the procedure (process) but cannot guarantee the judge's decision (result), especially in cases where the factual circumstances of the defendant's residence are not obvious or were concealed from us.

20. GENERAL PROVISIONS & MODIFICATION OF TERMS

1. Right to Modify Terms (Unilateral Amendment)

1. The Provider reserves the right, at its sole and absolute discretion, to modify, amend, or replace these Terms of Service at any time.

2. No Individual Notice: We are not required to provide individual notice (via email or mail) to the Client regarding changes to these Terms.

3. Constructive Notice: The most current version of these Terms will always be posted on our official website. It is the Client’s sole responsibility to review these Terms periodically for changes.

4. Acceptance: Your continued use of the Services following the posting of any changes constitutes your binding acceptance of those changes. If you object to any provision of the revised Terms, your only recourse is to immediately terminate your account and cease using our Services.

2. No Waiver

The failure of the Provider to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Example: If we choose to overlook a late payment or a policy violation on one occasion, this does not mean we waive our right to enforce that rule strictly in the future.

3. Assignment & Transfer

1. By Client: The Client may not assign, transfer, or delegate this Agreement or any of its rights or obligations hereunder without the prior written consent of the Provider.

2. By Provider: The Provider may freely assign, transfer, or delegate this Agreement, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, without restriction and without notice to the Client.

4. Independent Contractors

The relationship between the Client and the Provider is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. The Client has no authority to bind the Provider to any contract or representation.

5. Headings

The section headings and titles in these Terms are for convenience and reference only and shall not affect the legal interpretation or construction of any provision.

6. Survival

All provisions of these Terms which by their nature should survive termination shall survive the termination of your service order, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

21. COURT APPEARANCES, DEPOSITIONS, AND EXPERT TESTIMONY

1. Scope of Application.

In the event that the Provider, any of its independent contractors, process servers, or employees (collectively, "the Witness") are required to provide testimony—whether via deposition (in-person or remote), court hearing, trial, or any other legal proceeding—related to the Services performed for the Client, the Client agrees to be bound by the fee schedule and terms set forth in this Section. This applies regardless of whether the Witness is called by the Client, a third party, or by court order (Subpoena).

2. Professional Fees & Billing Increments

1. Hourly Rate. $100.00 per hour for all time spent related to the appearance. This includes, but is not limited to, preparation time, wait time at the venue, and actual testimony time.

2. Portal-to-Portal Billing. Time is billed "from door to door." The billable clock starts when the Witness departs their residence or office and stops only upon their return to the same location.

3. Minimum Appearance Fee. A non-refundable minimum fee of $500.00 applies to any scheduled date, regardless of whether the Witness actually testifies, or the hearing is adjourned shortly after arrival.

4. Daily Cap. Professional fees for time spent shall not exceed $1,000.00 per working day. This cap applies only to the hourly professional fee and does not include travel expenses or lodging.

3. Travel Calculation & Logistics.

1. Ground Travel. Travel time for vehicle trips is determined using the "Shortest Route" via Google Maps at the time of departure, accounting for real-time traffic conditions.

2. Air, Rail, or Sea Travel. For long-distance travel, billable time is calculated based on official carrier schedules.

3. Check-in & Security. For air travel, an additional two (2) hours of billable time is added for domestic flights, and six (6) hours for international flights to cover airport logistics.

4. Travel Class. For any travel exceeding four (4) hours in duration, the Client agrees to provide or reimburse for "Economy Plus" or equivalent seating to ensure the Witness is fit for testimony upon arrival.

4. Reimbursement of Expenses.

The Client is responsible for 100% of all out-of-pocket expenses, which shall be invoiced in addition to professional fees:

1. Transportation. Airfare, rental cars (including fuel and insurance), ridesharing (Uber/Lyft), tolls, and parking fees.

2. Lodging. If an overnight stay is required (or if travel exceeds 6 hours one way), the Client shall pay for a standard room at a business-class hotel (e.g., Marriott, Hilton, or equivalent).

3. Per Diem. A flat rate of $150.00 per day for meals and incidental expenses for any day requiring travel away from the Witness’s home county.

5. Subpoenas by Opposing Parties.

If the Witness is subpoenaed by an opposing party (a party other than the Client), the Client remains primarily responsible for the fees outlined in this Section. The Witness will credit the Client for any "Statutory Witness Fees" actually received from the subpoenaing party (e.g., the standard $40.00/day fee), but the Client is required to pay the difference to meet the Provider's $100.00/hour rate.

6. Notice and Cancellation.

The Client must provide at least five (5) business days’ notice of a required appearance. If an appearance is canceled with less than 48 hours' notice, the Client remains liable for the Minimum Appearance Fee ($500.00) plus any non-refundable travel costs already incurred.

7. Mandatory Retainer.

The Provider reserves the right to demand a $500.00 retainer (deposit) per day of expected testimony. This retainer must be paid in full at least 72 hours before the Witness departs. The Provider is not obligated to produce the Witness if the retainer has not been cleared.

[END OF AGREEMENT]