3499DM Terms and ConditionsGeneral Terms and Conditions of Service
In this document: (1) “we”, “us”, “our”, "PSSLAC", "Process Server Service of Los Angeles County", and “3499DM” mean $34.99 Dollar Messenger and Process Server Service of Los Angeles County; (2) “you”, “your”, “customer”, and “user” mean an account holder or customer with us; (3) “Item” means any package, envelope, box or any other movable and transportable thing that is picked up by 3499DM at your request for us to deliver to or for you, transport to you or that is in active transport with us; and (4) “Service” means our offers, rate or service plans, options, discount services, pick-ups and deliveries you receive with us.
The Service Agreement (“Agreement”) is the contract verbal or otherwise under which we provide and you accept our Process and Courier Services. In addition to these Terms and Conditions of Service (“Ts&Cs”), there are several parts to the Agreement, including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction (also available at www.3499dollarmessenger.com), and any confirmation materials we may provide you. It is important that you carefully read all of the terms of the Agreement.
Services Covered By These Ts&Cs & Additional Terms
Unless we provide otherwise, these Ts&Cs apply to any Service we provide you. Additional terms will apply when you use certain Services, typically those you can access online (for example, airline tickets, online forums, etc.).
When You Accept The Agreement
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement; (b) attempt to or in any way use the Services; (c) pay for the Services; (d) a door was knocked on for a process service; or (e) open any package or start any program that says you are accepting the Agreement when doing so. If you don’t want to accept the Agreement, don’t do any of these things, do not chargeback any credit card nor stop payment on any check. Chargebacks and stop payments give cause for complaint on our end, and you will be called to court for all fees absorbed on our end along with multiple penalties to be assessed.
To use our Service, you must both get a courier quote from another courier or shipping company, and email us that quote along with a pick up address, a contact name at the pick up address, a contact phone number, a delivery address, a contact name at the delivery address and a contact phone number at the delivery address in order to establish an appropriate request for services and price to pay for pay-per-service charges and applicable extra charges (defined below) based on the service you select (This applies to courier or messenger deliveries only). Process Service orders simply call and complete your order today. To establish a service, pay a charge, or make any other appropriate payments, follow the instructions provided at www.3499dollarmessenger.com, or provided through 3499DM General Assistance.
Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). If you continue to access or use our Services, on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Service. Termination of service on your end before any process server or courier has reached a door or after a process server has reached a door will not be eligible for a refund after payment has been submitted. Chargebacks will be redeemed on your end. Previous customers apply to all the terms and conditions set out on these pages and these terms still remain effective and in force on all current and previous customers as account holders which you automatically become once you agree to the terms by accessing our website and order any service.
Our Right To Suspend Or Terminate Services (Violations of Terms and Conditions are cause for Plaintiff's Claims against you)
We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) failure to pay for services; (b) harassing/threatening our employees or agents including multiple emails and phone calls a day requesting status updates; (c) providing false information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (f) breaching the Agreement, including our Policies; (g) providing us false or inaccurate address information; (h) threatning a chargeback on a credit card if we believe the action protects our interests, any customer’s interests or our network; (i) using Yelp! If you are found using this website after ordering any service provided by us; (j) posting any review or comment on any website especially Yelp! and any other website that has reviews or comments that can be subbmitted by a customer about us including the Better Business Beauru. Any customer posting or submitting or planning on posting and submitting and actually posts or submitts any comment or review about our Firm any one of them, to any agency will be called to court for violation of this term and condition of service you agreed to by accessing our website and ordering any service and you will be called to court for violation of this term and condition you agreed to by accessing our website and ordering any service.
Your Ability To Change Services & When Changes Are Effective
We will not credit nor refund any process service order or any other charges as a result of a cancellation on your end or a process server/courier arriving at the pre-arranged pick up or delivery address and no one is there in order to complete delivery or pick up to the pre arranged location. Full amount of the order will be due 24 hours after a delivery or finalization of order has taken place. Otherwise a late fee of the full amount of the order till 60 days plus document prep fee of $250.00 plus the original order amount will be brought to court as we will not absorb any fees and all fees paid to us are non-refundable at all times.
Restrictions On Using Services
You can’t use our Services: (a) to transport/deliver items/messages that are, or in any manner that is, illegal, fraudulent, threatening, abusive, defamatory, or obscene; (b) in a way that could cause damage or adversely affect our customers, reputation, network, property or Services; (c) to deliver hate messages, bombs, diseases, weapons, illegal drugs; (d) in any way prohibited by the terms of our Services, the Agreement or our Policies.
Our coverage areas are available at www.3499dollarmessenger.com
. The specific coverage area price you get will depend on which county you live in. Our coverage area provide high level estimates of our coverage areas when using Services. Coverage isn’t available everywhere. Estimating delivery time coverage is not an exact science. There are things within our estimated coverage areas that, along with other factors both within and beyond our control (road construction, traffic, rush hour, earthquakes, hurricanes, tornadoes, fire, weather conditions, floods, etc.), may result in delayed delivery, slower delivery, or otherwise impact the quality of Service.
“Traveling” typically refers to our local delivery area (Los Angeles County). Depending on your Service, additional charges on crossing county borders after traveling may apply.
“Roaming” typically refers to coverage in another county that we make available to you based on our service agreements with your or other carriers. These agreements may change from time to time and roaming coverage and charges are subject to change. You can pick up roaming coverage outside our local coverage areas. Depending on your Services, separate charges while roaming in other counties may apply.
Based on our Policies, we may charge a credit card payment convenience fee, parking fee, cross county border fee, email confirmation fee or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, late fees, parking, etc.). You will be provided notice of these types of fees before we complete the requested transaction. We may charge an additional fee for calls to customer service regarding a request to complete credit card payments in addition to standard convenience payment service fees that can be handled by you using self help features or by simply opening a third party account (for example, a PayPal account) in order to pay for courier services rendered.
The types of charges you incur will vary depending on the Service. See the detailed plan or other information we provide or refer you to during the sales transaction for the actual charges applicable to your Service. You will generally be charged for use of Services before. In certain instances, we may charge at some point after you use the Service. Charges are generally given at the beginning of your request for shipping services. (for example, business courier delivery services, parking fees, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card or other payment method. If you have incurred charges or fees that were not charged prior to your delivery finalization, we may add these outstanding unpaid charges and fees.
Types of Charges
We typically assess the following types of charges: (1) “Pay-per-use charges” – charges assessed each time a Delivery Service is used; (2) “Cross County Border Fees” – charges that are incurred that provide you an ability to have items delivered into different counties. For example, if the pick-up originates in one county, (Ventura County) and is delivered into a different county, (Orange County) charges are incurred each time a county border is crossed in order to finalize delivery. Cross county border charges are determined by a per-border-basis and only one-way from the pick-up point and end at the destination drop off location, (originating in the county in which your item pick-up is based)$34.99 for a county border cross; (3) “Parking Charges” – charges assessed when we have to use city maintained parking meters in order to get your item only if no parking is available at the pick-up location. (for example, no loading docks, no parking space available for courier or other shipping deliveries). These charges will be determined at the beginning of the request for services and payment transaction and it applies to both the pick-up and drop off locations. This fee is $49.99; (4) "Convenience Payment Fee" - charges incurred if a credit card payment is required to pay for services rendered this fee is $1.49; (5) "Operator Charge" - charges assessed when it is necessary for our operators to process payments via your credit card. Most credit card payments may be handled by you simply by opening an account in order to pay for services rendered. This fee is $2.49; (6)"Insurance" - we charge extra in case a declared value of your item requires insurance; (7) "Email Conformation Charge" - charges assessed when you request an email confirmation upon delivery of your item(s); (8) "Weight Charges" - Fess assessed for all items weighing more than 30 pounds per pick-up NOT per item. For example, if you have 10 items and all ten are more than 30 pounds, only a one time flat rate fee will be assessed; (9) "Truck Charge" - charges assessed each time a truck is required in order to finalize your delivery. This charge is $19.99 plus $29.99 for orders over 35 lbs; (10) "Late Fees" - payment for services rendered is due before the end of the buisness day ending at 12:00p.m. PST. Otherwise a small late fee will be charged to your account. The late fee is as follows: $34.99 for each day that passes 11:59 p.m. PST starting from the day that the delivery or pick up was finalized; (11) "Copy Charge" - when copies are made, downloaded, faxed or printed from the internet or email. This charge is $0.50 per printed page. Unlilmited printing.
How We Calculate Your Charges
Any Business Courier Delivery: We charge $34.99 for a delivery within Los Angeles,CA per drop off location unless you give us a quote from another courier company. If more than one drop off location is required on the same trip in order to finalize your delivery (More than one item with a different drop off address location), we charge an additional $34.99 Each additional item will be $34.99.
50% Discount Rate
If you call us in order to give us a quote that another courier or shipping company gave to you for your delivery points, we charge less 50% for that delivery. For example, if you are quoted $50.00 for your courier delivery, when you call us and give us that quote, we will charge you $25.00 for the same delivery. In order to substantiate, we need the courier company name and phone number where you acquired your courier quote. The courier company must reside within the Los Angeles County. See the detailed plan or other information we provide or refer you to during the sales transaction (also available at www.3499dollarmessenger.com
) for the actual charges applicable to your Business Courier Service.
Taxes & Government Fees
Depending on your Services, we may charge all federal, state and local taxes, fees and other assessments that we’re required by law to collect and remit to the government on the Services we provide you. These charges may change from time to time without advance notice. If you’re claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
Depending on your Services, we may add to your account balance surcharges (“Surcharges”), which include, but are not limited to: Federal Universal Service, various regulatory fees, 3499DM administrative charges, gross receipts charges, and charges for the costs we incur in complying with governmental programs. Surcharges are not taxes and are not required by law. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of Surcharges may vary depending upon the location of your address and can change over time. We determine the rate for these charges and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.
Any dispute to a charge we assess you must be made in writing within 60 days of the date we add the charge. You accept all charges not properly disputed within the above time period.
Protecting Our Network & Services
We can take any action to: (1) protect our customers, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our clients and Services. Some of these actions may interrupt or prevent legitimate deliveries. For additional information on what we do to protect our customers, network, Services and equipment, see our Acceptable Use Policy and Visitor Agreement at our website.
Posting and Submitting of Reviews and Comments on the Web or to any Agency
You agree to not post or comment about our firm (Process Server Service of Los Angeles County P.S.S.L.A.C.; $34.99 Dollar Messenger; The United States Courier Service; The Los Angeles County Department of Process Services (Governmental Agency) The Los Angeles County Department of Messengers; to or on any website or agency especially Yelp! and the BBB. Any customer or previous customer found on any or these websites or website, or if we are at all alerted of the slightest presense of you or of your reviews you had posted you will be called to court for damages in the amount of $7500.00 and we will be coming for our money. We will serve subpoenas for records and Vehicle Levy's on managers and leasing offices. We can find addresses. Please do not post any comment or review. This is a official warning. Any previous customer posting these reviews on the web will be found and brought to court and damages in the amount of $7500.00 will be assessed on our end.
If Your item Is Lost or Stolen
Call us immediately if your item is lost or stolen, broken or appears to have been ransacked because we may be responsible. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR ITEMS). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE DELIVERY SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
You Agree We Are Not Responsible For Certain Problems
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a delivery route or inaccurate address information; (c) traffic or other accidents; (d) Data Content or information accessed while using our Services; (e) rush hour traffic; (f) road or highway construction (g) roads, highways, or streets that are closed or blocked by a governmental entity; (h) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.
You Agree Our Liability Is Limited - No Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE COURIER SERVICES IN CONNECTION WITH A DELIVERY, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any Disputes
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by letter to your billing address or electronically.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the California Penal Code, and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
(1) “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, area coverage, privacy, delivery locations or mis-delivery even if it arises after Services have been rendered – this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address and notice to us will be sent to: P.O. Box 861115 Los Angeles, CA 90086. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) California Law and Municipal Law applies to this Agreement and arbitration provision.
(4) The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of the Agreement, the terms of the Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
(5) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
You agree to indemnify, defend and hold us harmless from any claims arising out of your actions, including, but not limited to, failing to provide accurate address information or contact information, failure to be at the pick-up location upon our arrival, communication errors between sender and receiver, failure to safeguard your passwords, backup question to your shared secret question or other account information, or violating this Agreement, any applicable law or regulation or the rights of any third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to P.O. Box 861115 Los Angeles, CA 90086-1115 or email to firstname.lastname@example.org
. We will provide you notice by correspondence to your last known address in our records, to any fax number or e-mail address you’ve provided us, by calling you that have provided us, by voice message on your Device or other number you have provided us, or by text message on your Device.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the area that we do business in, without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any 3rd party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can’t assign the Agreement or any of your rights or duties under it. We can assign the Agreement. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements – you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment.
This Policy and Agreement was last updated on April 11, 2011.
By accessing this site you accept the terms of our Acceptable Use Policy and Policy Agreement.
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