Terms of Service

Fees

Janney & Janney Attorney Service, Inc. (“Janney & Janney”, “we” or “us”) determines the fees charged to you (“Customer” or “you”) for using its services from time to time in its sole discretion. Fees for the Janey & Janney Services may vary by location, service level and /or the amount of time spent completing Services. As used herein, “Customer” or “you” shall also mean your employees, agents, and/or authorized users, as applicable.

In order to file, record, copy or serve certain court documents a filing, recording, copy and/or witness fee may be required by the Court rules and/or statute (“Required Fees”). Janney & Janney will advance such Required Fees for customers in good standing. For customers choosing Credit Card as payment method, a 3% convenience fee will be added on the total amount processed and collected for any invoice. For customers choosing to pay by check, a convenience fee of 10% will be added onto the amount processed and collected for any Required Fees. If the advance is over $750.00, we will require immediate reimbursement. Janney & Janney charges a $35 fee, per check, for all 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, an ACH fee of $0.50 per invoice, plus any Required 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 (or no reason) at any time.
2. ACH Authorization. By choosing your bank account as your preferred method, you agree to and authorize a one time and/or regularly scheduled charges to your bank account. You will be charged the amount(s) indicated in these Terms of Service, unless otherwise agreed upon by you and Janney & Janney in writing. The charge(s) will appear on your bank statement as a Company ACH Debit (or similar identifier). You also understand that this authorization will remain in effect until you cancel it in writing, according to the cancellation terms set forth in these Terms of Service. You agree to notify Janney & Janney in writing of any changes in your account information at least 30 days prior to the next billing date. If payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (“NSF”) you understand that Janney & Janney may at its discretion attempt to process the charge again. You acknowledge that the origination of ACH transactions to your bank account must comply with the provisions of U.S. law. You certify that you are an authorized user of any bank account so provided to Janney & Janney for ACH purposes and that you will not dispute any authorized transactions with your bank. You also 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 of the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. Any ACH transaction that is declined due to NSF is treated the same as a bounced check and may be subject to a $25.00 fee, per transaction, pursuant to California Law.
3. Your Liability for Unauthorized Transactions. Federal law limits your liability for any fraudulent, erroneous, and unauthorized transactions from your bank account based on how quickly you report it to your financial institution. As a 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. Janney & Janney shall not be liable for any such unauthorized transactions.
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 Required Fees. For customers choosing Credit Card as payment method, a 3% convenience fee will be added on the total amount processed and collected for any invoice. By choosing to pay by Credit Card, you represent and warrant to Janney & Janney that any Required 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 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 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 15^th 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 15^th 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 Thiry-Five Dollar ($35.00) fee will be assessed for all returned checks;
3. You authorize Janney & Janney, Inc. to charge your credit card on file;
4. You agree to pay all of Janney & Janney’s costs and actual attorney’s fees in the event that collection efforts become necessary; and
5. Janney & Janney reserves the right to immediately withdraw credit. Customer also agrees to abide by all other terms and conditions displayed on Janney & 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 & 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 & 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 & Janney, and non-payment or delayed payment by third parties (including customers or clients) does not alter this obligation.

Password Protection

Customer is responsible for maintaining strictly confidential the username and password (“Login Credentials”) 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 Login Credentials 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. Moreover, Customer shall take all reasonable steps to ensure that no unauthorized persons have access to the Login Credentials, and to ensure that no persons authorized to have such access shall take any action that would be in violation of this Agreement. Client is responsible for all activities undertaken under its Login Credentials to use the Services, even if compromised or unauthorized. Customer shall promptly notify Janney & Janney of any unauthorized access or use of the Service by way of Customer’s Login Credentials.

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 & Janney from that customer for the previous calendar month of service.

Jurisdiction and Venue

In the event of any dispute regarding fees or charges paid to Janney & Janney, court jurisdiction and venue will lie in the Los Angeles Superior Court. Any other dispute between Janney & 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 & 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 & Janney assumes no responsibility for errors or omissions on its website and Customer agrees that Janney & 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 & Janney on the website. Janney & 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 & 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 & 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& Janney with respect to the Services set forth herein. Any additional or separate services provided by Janney & Janney to Customer shall be governed by the applicable agreements, which may include (but are not limited to), any End User Terms of Use, Privacy Policies, or separate terms of service such as the LegalConnect Terms of Service. These Terms and Conditions may not be altered except by an agreed writing executed between the parties.

 

Last Updated 3/20/24
*Terms of Service Subject to Change Without Notice