Terms & Conditions

These Terms & Conditions govern all process serving, notice posting, document delivery, and related services provided by Daybreak Process Serving. By placing an order, you acknowledge and agree to these terms.

💳 1. Payment, Billing & Cancellations

Payment is required 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.
Cancellations & Refunds:
- Cancellations made after payment but before any attempts are made incur a $25 cancellation fee.
- No refunds are issued once any attempt has been made, regardless of outcome.
- Printing fees, skip tracing/address locating fees, witness advance fees, are non-refundable.

📍 2. Attempts & Service Completion

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; or
- All included attempts have been exhausted; or
- 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.

👤 3. Client Responsibilities

Client must provide accurate names, addresses, unit numbers, and case information.
Client is responsible for uploading correct, legible documents that are ready for service.
Incorrect, outdated, or incomplete information may cause delays, additional attempts, or additional fees.
Client is responsible for ensuring service complies with applicable court rules and deadlines.

⏰ 4. Late Payment Terms

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

🧭 5. Address Locating / Skip Tracing

Skip tracing is based 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; the client is responsible for determining suitability for service in their case.

📄 6. Affidavits & Documentation

Upon completion of attempts, Daybreak will provide a professional affidavit of service or non-service.
Affidavits are to be delivered by email, original documents are not provided unless requested.
Revisions requested due to client-provided errors (e.g., incorrect caption or party names) may incur additional fees.
Affidavit E-Filing is a courtesy and not a requirement. It is the client’s responsibility to make sure the Affidavit/Proof of Service is filed.

⚖️ 7. No Legal Advice & Limitation of Liability

Daybreak Process Serving 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.
Client is solely responsible for obtaining legal advice and understanding applicable rules and deadlines.
To the fullest extent allowed by law, Daybreak’s liability is limited to the amount paid for the specific service ordered.

🚫 8. Right to Refuse Service & Coverage Limits

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 (e.g., repeated gated denials, 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.

⚠️ 9. Dangerous or Unsafe Service Addresses

If, in our server’s judgment, a service location is dangerous, hostile, or unsafe (for example, visible weapons, active violence, severe threats, hazardous conditions), attempts may immediately be stopped.
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 will be issued for attempts already made prior to the determination that the address was unsafe.

📆 10. Court Deadlines & Time-Sensitive Jobs

Client is 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 statute 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 or controlled by Daybreak.

🤝 11. Use of Third-Party Process Servers

Daybreak may utilize 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, client authorizes Daybreak to share necessary information with these third-party servers solely for the purpose of completing service.

🔒 12. Privacy & Confidentiality

Client information and documents are used only for providing 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.

By placing an order, you acknowledge and agree to all Terms & Conditions listed above.

If you have questions about how these Terms apply to a specific job, please contact us before placing your order.

Email: info@daybreakserving.com | Phone: (503) 278-0724