Service Agreement

The agreement between you and us related to our services.

This Contract for Services is made effective as of the date of online acceptance, by and between NY Process Express, Inc. (the "Company") and You (the "Client").

1. Description of Services

Beginning on the date of online acceptance, Company will provide to Client certain legal support services including process service, eviction service, court filing and retrieval services, skip tracing, property inspections, foreclosure sale representation, and other services related to legal support (collectively, the "Services").

2. Payments and Refunds

Payment shall be made to Company according to the fee schedule set forth on Company's website. The parties agree that Company may modify such fee schedule by updating the Company website.

Upon completion of Services, Company will invoice Client for Services and such invoice will be due within fifteen (15) days following receipt of the invoice. The parties agree that sending by the Company of the invoice by email shall constitute receipt of the invoice by Client.

Services are considered "completed" and the full service fee earned when they have been started, attempted, or completed, regardless of outcome. Refunds are only provided for prepaid Services that are not completed.

If any invoice is not paid when due, Client shall pay a late fee of 10%. If Company employs an outside agency and/or attorney to collect any past due amount, Client agrees to pay all costs of collection, including without limitation collection agency fees, court costs, and reasonable attorneys’ fees.

Client shall pay $30.00 for any check that is returned for any reason. Client shall pay $100.00 for any chargeback, reversal, inquiry, or dispute related to any credit card or eCheck payment. Any payment that is returned, charged back, reversed, or disputed shall be subject to any other fees or interest as if the payment had never been received.

3. Term

This Contract may be terminated by either party upon written notice to the other party. An email notice by one party will suffice.

4. Force Majeure

If performance of this Contract or any obligation, except a financial obligation, under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders, or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

5. Entire Agreement

This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

6. Severability

If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

7. Amendment

This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

8. Governing Law; Exclusive Jurisdiction

This Contract shall be construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. The parties irrevocably consent to exclusive jurisdiction of the State of New York and irrevocably consent that exclusive venue for any action arising out of or related to this Contract shall be the state courts located in Madison County, New York, or the federal courts of the Northern District of New York. The parties hereby waive all objection of inconvenient forum or improper venue.

9. Notice

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, or by email, to the address as set forth by the signatories below or to such other address as one party may have furnished to the other in writing.

10. Waiver of Contractual Right

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

11. Attorney's Fees to Prevailing Party

In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

12. Construction and Interpretation

The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

13. Assignment

Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

14. Authority to Sign Contract

Each person signing this Contract represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Contract. Each party represents and warrants to the other that the execution and delivery of the Contract and the performance of such party’s obligations have been duly authorized and that the Contract is a valid and legal agreement binding on such party and enforceable in accordance with its terms.