Terms & Conditions

These Terms & Conditions (the “Terms”) are a binding agreement between you (the “Client” or “you”) and Daybreak Process Serving, LLC (“Daybreak,” “we,” “us”). They govern all process serving, court filing, notice posting, document retrieval, address locating (skip tracing), stakeout, alternative service, and related services (collectively, the “Services”), as well as your use of our website, client portal, and mobile applications.

By placing an order, checking the box that references these Terms, creating an account, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You represent that you are at least 18 years old and, if ordering on behalf of a firm, agency, or other entity, that you have authority to bind that organization.

Daybreak provides professional process serving and related litigation-support services, which may include:

• Service of process (personal, substitute, and alternative service where permitted);
• Court filings and document retrieval;
• Address locating and skip tracing;
• Stakeout and evasive-recipient services;
• Notice posting and related document delivery.

Availability, speed options, and pricing vary by jurisdiction, address, and the specifics of your order. We serve our Oregon home markets directly and complete work elsewhere through our nationwide network of contracted servers.

• Unless otherwise agreed in writing, payment is due within 30 days of invoicing.
• Pricing varies by address, service speed, number of recipients, printing costs, and add-ons. Additional fees may apply for rural, gated, or restricted-access locations.
• Saved cards: if you save a payment card in the client portal, you authorize Daybreak to charge it for services you order and amounts you owe. Cards are stored securely by our payment processor (Stripe); we never see or store your full card number.
• Cancellations before any attempt: a cancellation made after payment but before any attempt has been made incurs a $25 cancellation fee.
• No refunds after an attempt: once any attempt has been made, no refund is issued, regardless of outcome.
• Printing fees, skip tracing / address locating fees, and witness advance fees are non-refundable.

• If payment is not received within 31 days of the invoice due date, a $45 flat late fee is added.
• Any remaining unpaid balance accrues an additional $50 every 30 days until paid in full.
• You agree to reimburse Daybreak for all costs of collection, including court filing fees, additional service-of-process fees, and reasonable attorney fees.

• Provide accurate names, addresses, unit numbers, and case information.
• Upload correct, legible documents that are ready for service.
• Understand that incorrect, outdated, or incomplete information may cause delays, additional attempts, or additional fees.
• Ensure that the service you request complies with the applicable court rules and deadlines for your matter.

• Daybreak does not guarantee that a subject will be located or successfully served.
• Attempts are made on varying days and times based on server availability and safety considerations.
• Service is considered complete when personal, substitute, or alternative service is effected; all included attempts have been exhausted; the Client instructs us to stop; or the address is determined to be invalid, unsafe, or non-serviceable.
• Routine, Rush, Priority, and Same-Day describe when attempts begin, not a guarantee of service by a specific date or court deadline.

• Skip tracing draws on available public and private data sources and cannot be guaranteed.
• Skip tracing fees are non-refundable, whether or not a new address is identified.
• Any located address is provided as an investigative lead; you are responsible for determining its suitability for service in your case.

• Upon completion of attempts, Daybreak provides a professional affidavit of service or non-service.
• Affidavits are delivered by email; original paper documents are not provided unless requested.
• Revisions required because of client-provided errors (for example, an incorrect caption or party name) may incur additional fees.
• Affidavit e-filing is a courtesy and not a requirement. It remains your responsibility to ensure the affidavit or proof of service is filed with the court.

• You are responsible for knowing and communicating any court-imposed deadlines related to service.
• Routine, Rush, Priority, and Same-Day options are efforts-based and do not guarantee service by a specific hearing date or statutory deadline.
• Daybreak is not liable for adverse outcomes in a case (including dismissals or continuances) arising from court deadlines, filing requirements, or rules not disclosed to or controlled by Daybreak.

• Daybreak may use contracted process servers or affiliated vendors to complete service, especially outside our immediate local area.
• All third-party servers are required to follow applicable laws and Daybreak's standards for professionalism and documentation.
• By placing an order, you authorize Daybreak to share the information necessary to complete service with these third-party servers, solely for that purpose.

Daybreak reserves the right to refuse, withdraw from, or cancel any order at its sole discretion. Orders may be refused or cancelled if:

• The address is outside our service area or coverage network;
• Access is reasonably impractical (for example, repeated gated denials, or unpassable or unsafe roads);
• The job appears to involve unlawful activity or violates our policies.

If service cannot be performed for these reasons, Daybreak may close the job and, where appropriate, issue an affidavit of non-service describing the circumstances.

• If, in our server's judgment, a location is dangerous, hostile, or unsafe (for example, visible weapons, active violence, severe threats, or hazardous conditions), attempts may be stopped immediately.
• Daybreak may cancel or close the job and provide an affidavit of non-service noting that attempts were discontinued due to safety concerns.
• No refunds are issued for attempts already made prior to a determination that an address is unsafe.

Access to the client portal and to the Daybreak field application (used by our servers and contractors) is provided for your use in connection with the Services.

• You are responsible for keeping your login credentials confidential and for all activity under your account.
• You agree not to misuse the platform: no attempting to access other accounts or data, no reverse engineering, no scraping, no interfering with security or normal operation, and no uploading of unlawful or malicious content.
• Independent-contractor servers additionally agree to use the field app only for assigned work and to handle recipient and case information in accordance with law and our policies.
• We may suspend or terminate access for conduct that violates these Terms or that we reasonably believe is harmful to Daybreak, our clients, or third parties.

By using the Services, you consent to transact electronically and to receive records, notices, invoices, and disclosures by email or through the portal.

• Checkboxes, typed names, and drawn or captured signatures you submit constitute your electronic signature and have the same effect as a handwritten one.
• If you provide a phone number, you consent to receive service-related calls and text messages; message and data rates may apply, and you can opt out of non-essential messages at any time.
• You may request a paper copy of a record, and you may withdraw consent to electronic delivery, by contacting us — though doing so may limit or delay the Services.

The Daybreak name, logo, website, portal, applications, and their content and software are owned by Daybreak or its licensors and are protected by intellectual-property laws. You may use them only as needed to obtain the Services. Documents you upload remain yours; you grant Daybreak the limited rights needed to perform and document the Services you request.

• Daybreak is not a law firm and does not provide legal advice. Nothing on our website or in our communications should be interpreted as legal advice.
• You are solely responsible for obtaining legal advice and for understanding the rules and deadlines that apply to your matter.
• The Services and platform are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law.

You agree to indemnify and hold harmless Daybreak, its owners, employees, and contracted servers from any claims, losses, liabilities, and expenses (including reasonable attorney fees) arising from your use of the Services, the information or documents you provide, your violation of these Terms, or your violation of any law or the rights of a third party.

• Client information and documents are used only to provide the Services requested and for internal record-keeping.
• We take reasonable steps to protect confidential information but cannot guarantee the security of electronic communications.
• Limited information may be shared with contracted process servers or vendors solely as needed to complete your job.

For full details on how we collect, use, and protect information across our website, portal, and mobile app, see our Privacy Policy.

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules. Except where a dispute qualifies for small claims court, you and Daybreak agree that the state and federal courts located in Multnomah County, Oregon have exclusive jurisdiction and venue over any dispute not otherwise resolved, and you consent to that jurisdiction.

If a dispute arises, you agree to contact us first so we can try to resolve it informally; most concerns are handled quickly this way. If we cannot resolve a dispute within 30 days, either party may pursue available legal remedies consistent with the Governing Law & Venue section above. Nothing here prevents either party from seeking relief in small claims court for qualifying claims.

• We may update these Terms from time to time. The version in effect when you place an order governs that order; continued use of the Services after an update means you accept the revised Terms.
• If any provision is found unenforceable, the rest of these Terms remain in full effect.
• These Terms, together with any order-specific terms and our Privacy Policy, are the entire agreement between you and Daybreak regarding the Services.

Questions about these Terms, or about how they apply to a specific job? Contact us before placing your order.
Daybreak Process Serving, LLC
225 SW Columbia St, Portland, OR 97201
Email: info@daybreakserving.com · Phone: (503) 278-0724