Our Terms & Conditions
Our terms and conditions as set out here are what you can expect from us when you use any of our services and what we expect from you when you do. We know it can be tempting not read terms and conditions but please do so as by using our service or website you are agreeing to our terms and conditions herein.
Definitions
‘You’ or ‘Your’ or similar words relate to the client. ‘We’ or ‘Us’ or similar words relate to our partnership trading as APS Process Servers. Where the client consists of two or more persons or companies, ‘you’ or similar words refer to any one of you as well as both or all of you and each of you are responsible separately as well as together for carrying out this agreement.
Our terms and conditions can only be varied by us agreeing to this in writing. These terms and conditions will supersede any terms or conditions stipulated by you in any communication to us and will supersede any prior representations made by us including written, oral or other.
Service
1. All instructions are accepted by us on the understanding that we are instructed by you, whether you are instructing us on behalf of your client or not and that you will be liable for all our fees and charges and disbursements for carrying out the services you have requested.
2. We will provide the intended service as allowed by English Law using our own personnel or through the use of a servant or agent of the company including without limitation any person or company, we appoint to assist us (“agent”).
3. We reserve the right to refuse any instruction and to terminate the services we provide without liability whatsoever to us at any time.
4. You must make us aware of any time limits or deadlines relating to your instructions. Whilst every effort is made to ensure your instructions are completed on time, we cannot guarantee this is always possible and we accept no liability whatsoever for being unable to complete an instruction on time.
5. All responsibility is placed on you, the client, to ensure the correct documents and any relevant information is sent to us at the time you instruct us.
6. You must advise us when you instruct us that a case is legally aided. If you do not advise us, then our standard fixed fee will apply, and you agree to pay us this amount.
7. Where payment is made by you in advance, we reserve the right to wait until your payment has cleared before we commence any work for you.
8. We reserve the right to dispose of any documents we are holding after 3 months of closing our file.
9. We will not be responsible or liable for the loss or destruction of any document in our possession or that is in transit to or from us and beyond our reasonable control. We suggest where possible you only forward copy documentation to us.
10. You agree to indemnify us now and in the future in full against all fees, costs and charges which we may or will incur, or be liable for, including seeking or taking legal advice or otherwise, for any matter you instruct us on including paying those fees to us as and when requested.
Cancellation
1. You agree to provide 48 hours' notice of any cancellation of instructions where we have booked or reserved time with our Process Server or agent to carry out your work.
2. We reserve the right to charge our fees in full for late cancellation.
Fees Charges and Disbursements
1. The cost of the Services shall be indicative of the type of work undertaken and it is normal procedure for us to provide a fee estimate or quotation where such requirements fall outside of our usual Pricing List.
2. In the absence of any estimate or quotation, charges will be made according to our current pricing list and the client is deemed to be in acceptance of this.
3. If there are any changes in the Clients instructions or in the circumstances of the matter at any time these shall be reflected, in an amended estimate or quotation which shall be provided to the Client at the earliest opportunity, where required.
4. In the event that we are unable to provide an estimate, we shall keep the Client informed of the work in progress on a periodic basis or upon the Clients request.
5. We charge a fixed fee for Process Serving and E-Tracing Services. If we are unable to carry out the work on a fixed fee basis, we will agree this with you in writing and provide you with a fee estimate prior to us undertaking work.
6. We charge our fee per person / case we are instructed to serve. We may agree to reduce our fee for service on multiple people or companies at the same address provided service is completed at the same time and address.
7. We charge a fee for each address we attend to serve the papers for you.
8. We do not undertake any work on a "no serve / no fee basis". We will always charge our fee for attempting service, whether service is successful or not.
9. We reserve the right to ask you for payment in advance of us undertaking your instructions. We reserve the right to place your instruction on hold until cleared funds are received from you.
10. If necessary, you should provide us with a Purchase Order number when you instruct us.
11. The Legal Aid Agency will not accept fixed fee invoices. All Legal Aid work will be billed by us on a time and mileage basis - you must make us aware a case is Legally Aided at the time you instruct us.
12. If we agree to amend an invoice, because you did not tell us it was a legal aid matter, we reserve the right to charge a reasonable administration fee for our time in doing so. A minimum fee of £25.00 will be charged.
13. If we pay or intend to pay a disbursement on your behalf, we reserve the right to ask you for payment of this amount on account, in cleared funds.
14. If you email us documents to serve you agree that we will be entitled to charge you a reasonable fee for the time and cost of printing those documents, where the documents use more than 25 sheets of paper. Documents in excess of 25 sheets of paper will incur charge of a minimum of £0.10p per sheet.
15. Invoice queries must be raised by you within 14 days from the date of invoice otherwise it shall be deemed as the invoice having been accepted.
16. No refunds will be given when we have commenced any work or provided any service on your behalf.
17. All fees charged by us will be at our standard price list rate, quotation / fee estimate unless otherwise agreed by us in writing.
18. We expect you to pay us on time, within our payment terms. We will not place an account on hold until you have received payment from your client or claimed fees from the legal aid agency.
19. You shall ensure, that you are able to pay us in full, in cleared funds, our invoices, as and when they fall due. Under no circumstances, shall you delay or withhold payment from us, for failure of your own Client not paying you. You agree that at all times, you are able to meet our fees from either Client funds placed on account with you, or from your own funds.
20. Late payment charges will apply on all late payments.
Late Payments
1. Our payments terms are 14 days from date of invoice unless otherwise agreed by us in writing. A Payment due date is indicated on our invoices. Payment must be made by you in accordance with our payment terms and no later than the due date
2. Invoices not paid within our payment terms will be subject to Late Payment Fees and charges as allowed by statutory law and / or as given below.
3. If you are a firm or company including a sole trader or partnership without limitation, we reserve the right to charge you Statutory Late Payment Charges in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC.
4. If you do not fall under the scope of The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC then you agree that we will charge you a Late Payment Fee equal to an amount that would have been charged by us if you were a company or firm as allowed under The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC.
5. If you are a Private Client (an Individual) then we will charge you a Late Payment Fee equal to an amount that would have been charged by us if you were a company or firm as allowed under The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the European Directive 2000/35/EC.
Rights of Third Parties
1. Our duties are owed only to the individual/company whose instructions we are acting upon and we disclaim any liability to any other persons regardless of whether the Client instructs us on behalf of another.
2. The terms on which we are acting on the Clients matter (contained herein or otherwise) are intended to be enforceable solely by the contracting parties herein.
3. We do not accept any liability for services or information provided by any third parties instructed by us on the Clients behalf in respect of the relevant Services unless there is prior agreement in writing by the third party.
Our Liability to you
1. This section sets out the entire financial liability of the Parties (including that for the acts or omissions of their employees, agents or subcontractors) to each other for any breach of this Agreement; any use made by the Client of Services; and any representation, statement or tortious act or omission including, but not limited to, negligence and breach of statutory duty arising out of or in connection with this Agreement.
2. Neither Party shall be liable to the other, whether in contract, tort (including negligence), restitution, or for breach of statutory duty or misrepresentation for any loss of profit, loss of goodwill, loss of business opportunity, loss of anticipated saving, loss or corruption of any data or information, or any special, indirect or consequential damage or loss that may be suffered by the other Party that arises out of or in connection with this Agreement.
3. Without prejudice to this section, our total liability arising out of or in connection with this Agreement (whether in contract, tort (including negligence), restitution, for breach of statutory duty or misrepresentation or otherwise) shall be limited to the value of our services in respect of any and all other acts or omissions.
Privacy, Confidentiality and Data Protection GDPR
1. All instructions received and communication between us shall remain strictly private confidential.
2. Our Privacy Policy is an integral part of our terms and conditions and can be found here: https://apsprocessservers.com/privacy-policy
3. Any information supplied by us is to be treated as indicative only and you agree that any information supplied in respect of any credit reference, trace enquiry, report is to be treated in the strictest confidence and will not be used as evidence or disclosed unless agreed by us in writing.
4. You agree that you will not disclose, act on, or use any information supplied by us that would breach any law, order or regulation that you know of or ought to have known of.
Law
1. These terms & conditions shall be governed by English Law and any dispute arising out of or in connection with the same shall be determined by the English Courts.
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DISCLAIMER
THIS WEBSITE IS MADE AVAILABLE FOR PUBLIC VIEWING ON THE BASIS THAT APS PROCESS SERVERS EXCLUDES TO THE FULLEST EXTENT LAWFULLY PERMITTED ALL LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF THE USE OF THIS WEBSITE OR RELIANCE UPON THE CONTENT OF THIS WEBSITE.
YOU ACKNOWLEDGE APS PROCEESS SERVERS DO NOT PROVIDE LEGAL ADVICE. YOU MUST NOT RELY ON ANY INFORMATION ON THIS WEBSITE AS LEGAL ADVICE. WE STRONGLY ADVISE YOU TO SEEK YOUR OWN INDEPENDANT LEGAL ADVICE FROM A SUITABLEY QUALIFIED PERSON OR COMPANY SUCH AS A SOLICITOR.
APS Process Servers does not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.