Terms and Conditions
For the terms of this agreement, Process Agent LLC will be referred to as “PA”.
Standard Service Agreement
When considering this service agreement, let it be known that services and description of services relate to you, the Customer, only in regards to services you have purchased. As PA provides a range of services, their descriptions and obligations do not apply to any Customer who has not purchased those specific services.
Customer information collected by PA (be it verbal, written, electronic or stored in a Customer Account) is used only for the lawful pursuit of business and services provided by PA. PA does not use Customer information for any other purposes, does not use Customer information for any illegal purposes, and does not repackage or sell/resell Customer information for any purpose whatsoever. PA does not release any Customer information to any third-party for any reason, unless obligated to do so by a legal court order.
In the pursuit of its lawful business, PA offers informed opinions on how to conduct certain aspects of the motor carrier business. These opinions are expressed on the PA website (www.processagent.com) and by employees of PA. These opinions, while well-informed and well-intentioned, should not be construed as legal advice in any way, shape or form. Nor should any information found on any PA website or accepted from any PA employee be construed as specific business, tax or financial advice. PA is a service provider, not a legal or tax service.
By hiring PA, the Customer agrees to provide PA with any and all information necessary for PA to fulfill its process/blanket agent duties on behalf of the Customer. For additional services, such as mail forwarding, the Customer agrees to provide PA with any and all information necessary to fulfill the duties associated with those services.
In hiring PA, the Customer agrees to provide accurate, legitimate, and non-falsified information to PA in order for PA to fulfill any and all duties on behalf of the Customer.
When PA is hired by the Customer, PA agrees to accept service of process and official business mail on behalf of the Customer. PA’s statutory representation services are limited to the receipt and forwarding of only items covered under the state statutes in whichever state the service of process or official mail is served upon the Customer. By hiring PA as a process/blanket agent, the Customer cannot use PA’s business address as a standard business mailing address or a mail forwarder (unless mail forwarding service has been requested and paid for).
When hiring PA, the Customer agrees that service of process and official business documents will be uploaded into a digital Customer Account which the Customer may access at any time, but which it is the obligation of the Customer to access regularly. Notification of document uploads will be sent electronically by email by PA to the Customer, but it is the Customer’s obligation to ensure that electronic email notifications may be properly received. If the Customer’s email system blocks notifications or deposits notifications into a Junk mail folder or uses any other such filtering system that prevents the Customer of receiving notifications, then the Customer agrees that the fault is entirely with the Customer and that PA is in no way responsible for these filters being in place and for the Customer not receiving proper notification.
In hiring PA for process/blanket agent services, the Customer agrees not to abuse PA’s commercial address by listing this address as the Customer’s own business address. If the Customer abuses PA’s commercial address by listing the address as the Customer’s own business address, the Customer agrees that PA may inflict monetary penalties in any amount PA deems necessary, as well as cancel service to the Customer immediately and without warning.
It should be noted that entering into a service agreement with PA does not make PA responsible for any action on behalf of the Customer. All Customers are entities independent from PA, and while PA may receive service of process on behalf of the Customer, PA is in no way responsible for any lawsuit or claim held against any Customer. PA is also in no way responsible for the illegal activities conducted on the part of any Customer or third party who engages in direct or indirect illegal activity arising out of the use of PA’s services.
In hiring PA for any service, the Customer agrees that PA’s financial liability is limited on all aspects only to the fees paid to PA.
PA does not guarantee or warranty that its services are complete and error free. Errors on the behalf of PA—such as typographical errors made in filings made with the Federal Motor Carrier Safety Administration—will be corrected at the expense of PA, but such errors do not override or change or alter in any way the liability disclaimers in this service agreement.
In hiring PA for any service, it is the responsibility of the Customer to keep PA updated of any changes to information that are vital for PA to fulfill its obligations stated within this service agreement. The Customer agrees that if changes to information—such as address changes, or alterations to persons authorized to receive notifications from PA—are not conveyed to PA with the result that PA is unable to fulfill its obligations laid out in this service agreement then the Customer is at fault and cannot in any way hold PA responsible for any subsequent legal actions against the Customer, loss of Customer business, or actions taken against the Customer by any government agency.
In hiring PA for any service, the Customer agrees to be billed annually for the charges stated when the Customer orders service. Annual renewal charges will not be automatically collected by PA, but rather PA agrees to send the Customer a renewal notice with the option for continuing service or canceling service. If service is not canceled by the Customer, then PA reserves the right to continue providing service until the Customer cancels in writing or by contacting PA by phone and requesting cancellation. If the Customer has not canceled service, PA reserves the right to continue billing the Customer annually, with each annual fee remaining until the Customer pays the full bill owed. If the Customer contacts PA to cancel service after service has been provided, PA reserves the right to pro-rate service fees at its own discretion.
It is the responsibility of the Customer to ensure that sufficient funds are available to cover any and all charges for services provided by PA when the Customer enters into this service agreement. If sufficient funds are not available when the Customer is charged, PA reserves the right to levy returned check fees, insufficient funds fees, or other such fees as PA deems necessary.
PA reserves the right to alter this service agreement at any time without notification to any Customer.