Terms of Service

 

Janney & Janney Terms of Service
Last Updated 5/10/17

 

Fees: Janney & Janney determines the fees charged to you for using its services from time to time in its sole discretion. Fees for the Janney & Janney Services may vary by location, service level and/or the amount of time spent completing Services.

In order to file, record, copy or serve certain court documents a filing, recording, copy or witness fee may be required by court rules or statute. Janney & Janney will advance such fees for customers in good standing. For customers choosing Credit Card as a payment method, a 3.5% convenience fee will be added on the amount processed and collected for any statutory court or witness fees required by court rule or statute. For customers choosing to pay by check, a convenience fee of 10% will be added onto the amount processed and collected for any statutory court or witness fees required by court rule or statute. If the  advance is over $750.00, we will require immediate reimbursement. Janney & Janney charges a $35 fee for returned checks.

Janney & Janney reserves the right to change its fee structure at any time without notice. At any time you can  request a schedule of our fees from customerservice@janneyandjanney.com

Payment options and Terms: Janney & Janney supports three payment options depending on
your type of account and location. These options are:

ACH (eCheck)
Credit Card
Check (Open Credit)

If you choose to pay by ACH (eCheck), you authorize Janney & Janney Attorney Service, Inc to
debit your bank account for the total balance due to Janney & Janney, plus
any statutory court or witness fees. The following terms and conditions will govern ACH
(eCheck):

1. Bank Account Payments. By choosing to use a bank account as your payment method, you
will be able to complete your purchase using any valid automated clearing house (“ACH”)
enabled bank account at a United States-based financial institution. Your transaction must
be payable in U.S. dollars. Janney & Janney in its sole discretion, may refuse this payment
option service to anyone or any user without notice for any reason at any time.

2. ACH Authorization. By choosing your bank account as your payment method, you agree
that: (a) you have read, understand and agree to these Terms of Service, and that this
agreement constitutes a “writing signed by you” under any applicable law or regulation,
(b) you consent to the electronic delivery of the disclosures contained in these Terms of
Service, (c) you authorize Janney & Janney (or its agent) to make any inquiries we
consider necessary to validate any dispute involving your payment, which may include
ordering a credit report and performing other credit checks or verifying the information
you provide against third party databases, and (d) you authorize Janney & Janney (or its
agent) to initiate one or more ACH debit entries (withdrawals) or the creation of an
equivalent bank draft for the specified amount(s) from your bank account, and you
authorize the financial institution that holds your bank account to deduct such payments.

3. You’re Liability for Unauthorized Transactions. Federal law limits your liability for any
fraudulent, erroneous unauthorized transaction from your bank account based on how
quickly you report it to your financial institution. As general rule, you should report any
fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the
questionable transaction FIRST appeared on your bank account statement. You should
contact your bank for more information about the policies and procedures that apply to
your account and any unauthorized transactions, including any limits on your liability.

4. Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other
communications between you and us on this website or at the primary e-mail address
associated with your janneyandjanney.com customer account. You should print and retain
a copy of all such disclosures and communications.

If you choose to pay by Credit Card, you hereby authorize Janney & Janney Attorney Service, Inc. to charge your Credit Card on file for the total balance due to Janney & Janney for the Services, plus any statutory court or witness fees. A 3.5% convenience fee will be added to process and collect any statutory court or witness fees required by court rule or statute in accordance with applicable law. By choosing to pay by Credit Card, you represent and warrant to Janney & Janney that any statutory court or witness fees collected and processed by Janney & Janney on your behalf are not for personal, family or household purposes.

If you apply for Open Credit and wish to pay by Check, Open Credit must first be granted.

If applying for open credit, a valid Visa, MasterCard, American Express or Discover card will be required as a payment guarantee. If Open Credit payment terms are granted, you understand and agree that we will send you an invoice for the Services rendered, which must be paid within 15 days from the date of the invoice. Customers who are on a monthly retainer, and are in good standing, can request a monthly statement. It is understood that if a customer receives a monthly statement, that statement is due and payable by the 15th of each month following services rendered.

In the event that invoices are not paid within the 15 days or statements are not paid by the 15th of the ensuing month the following will apply;

(1)    A service fee of one and one-half percent (1½%) per month will be added on all past due invoices.

(2)    You agree that a Thirty five Dollars ($35.00) fee will be assessed for all returned checks.

(3)    You authorize Janney and Janney, Inc. to charge your credit card on file. 

(4)    You agree to pay all costs and actual attorney’s fees in the event that collection
efforts become necessary;

(5)    Janney and Janney reserves the right to immediately withdraw credit.

Customer also agrees to abide by all other terms and conditions displayed on Janney’s invoices and billing statements.

Cancellation. Customer may cancel an order at any time at no charge, unless there has already been a Milestone Event in the life of the order, in which case the order will be billed at full rate. Milestone Events are determined at the sole discretion of Janney. A Milestone Event includes, but is not limited to, filing of the order with the court or the first attempt by a process server on an order.

Cost Advancement. Customer may be approved for court cost or other cost advancement at the sole discretion of Janney. Otherwise customer is solely responsible for submitting proper fees along with the service request.

Third Party Payment: Customer agrees that it is directly liable for payment for any Services rendered by Janney, and non-payment or slow-payment by third parties (including customers or clients) does not alter this obligation.

Password Protection: Customer is responsible for maintaining strictly confidential the
password that Customer chooses with respect to any services or transactions ordered or
transacted on Janney’s website. Subject to applicable law, Customer agrees to be liable for all uses made of its Password whether or not actually authorized by Customer. Customer agrees not to provide its Password to any person who is not authorized to act on Customer’s behalf.

Injuries-Damages: Janney & Janney shall use reasonable and ordinary care in performing the Services, but shall not be liable for any incidental or consequential damages. Any damages recoverable against Janney & Janney based upon an alleged error or omission, shall be limited to, at maximum, the amount of fees received by Janney and Janney from that customer for the previous calendar month of service.

Jurisdiction and Venue: In the event of any dispute regarding fees or charges unpaid to Janney & Janney, court jurisdiction and venue will lie in the Los Angeles Superior Court. Any other dispute between Janney and Customer, whether arising from contract, tort or otherwise, shall be resolved by binding arbitration before the American Arbitration Association and in accordance with its Rules.

No Warranties On Services Ordered On Website: Customer agrees that its use of Janney’s website and information on the website is at Customer’s sole risk. All services ordered on the website will be provided on an “as available” basis and without warranty. Janney assumes no responsibility for errors or omissions on its website and Customer agrees that Janney shall not be responsible in any way for the functionality, specifications or other aspects of its website, and does not guarantee continuous, uninterrupted or secure access to Janney on the website. Janney reserves the right at any time and without prior notice to change the hours of operation of its website and to shut its website down for repairs or modification in its discretion. Customer is responsible for keeping its own copies of relevant transaction or case documents. Without limitation, Janney makes no warranty and undertakes no liability with respect to (i) the functionality of its search or retrieval software, (ii) the content, format, accuracy or completeness of its forms, (iii) approval or processing of documents by courts or other government agencies, (iv) the uninterrupted secure or virus free access to its website, or (v) any damage or alteration of documents or information on any party’s computer system resulting from computer “viruses” coming from or through Janney’s website.

Governing Law: This agreement and all disputes relating thereto shall be governed and decided under California Law.

Entire Agreement: These Terms and Conditions, together with the terms and conditions found on Janney & Janney invoices or monthly statements, shall constitute the entire agreement between Customer and Janney. These Terms and Conditions may not be altered except by an agreed writing executed between the parties.