Terms of Service

The following are the terms and conditions for all services provided by Swift Process Servers, LLC. Swift Process Servers, LLC. will be identified in the remainder of these terms and conditions as SPS. Under these terms and conditions, “service requester” refers to you. At SPS, we work 24/7 to assure due diligence. All services are followed up by an Affidavit of service or non service. 

RATES: All quoted rates are estimates only and are subject to change without notice. Rates for service of any kind are calculated based upon several factors including, but not limited to: service requested, level of service requested (standard, rush, etc.), the number of individuals, the location of service etc.  All rates quoted are quoted per proof of service.  Discounts are given for multiple documents going to the same location when sub service allowed. Corporate services that require 1 attempt during business hours are also discounted accordingly. 

GUARANTEE: SPS guarantees only, that earnest and diligent attempts to serve process will be made on behalf of the service requester.  We are not able to guarantee the outcome of each assignment as there are many variables. Some defendants evade.  Not all defendants can be served with standard attempts.  

QUOTES: Service requesters may email their documents along with service instructions for a no-obligation quote.  SPS will provide a written quote to the service requester many times within 15 minutes or less during standard business hours.  SPS will also provide prepayment instructions for the assignment. It is the responsibility of the service requester to prepay their assignment promptly if they wish to move forward with their assignment.  We will not hold assignments past the close of that business day, nor will we remind clients to prepay their assignments.  Assignments not secured with prepayment by the close of that business day will be deleted, and the service requester will have to resubmit.  Please ensure you are ready to move forward on your assignments before requesting a quote. 

REFUNDS: SPS has a strict no-refund policy.  Service requesters should take care to ensure their assignments are prepared properly, and they are ready to proceed with service before submitting assignments to SPS. Once an assignment is submitted to SPS via mail, email, upload or any other means and prepayment has been made, there are NO-REFUNDS. 

CANCELLATIONS: Once an assignment has been submitted to SPS the full fee is due for the assignment if a service requester has a rate plan and terms with our office. If a non terms/Rate Plan service requester submits documents to us for service, we will send a written quote via email.  Once that balance is paid the full fee is due regardless of cancellation.  If a service requester chooses to stop and or cancel service, we will cancel the service, but no refunds will be given.  Service requesters should ensure they are fully prepared to proceed before submitting documents to SPS for service.  

COURT APPEARANCES: When a service requester requests that any employee, agent or subcontractor of SPS appears in court to testify as a witness on behalf of the service requester, a court appearance fee will be invoiced to the service requester. Court appearances are charged at a 2-hour minimum, and at full 1-hour increments for every hour after the 2-hour minimum.

FEES: SPS requires full prepayment for all services requested, regardless of the type of service being requested. No service of any type will be attempted or performed without payment in full for the service requested unless terms are agreed to in writing.  Payment for services may be made by credit/debit card or ACH via our website. Echecks through Deluxe are also accepted. 

DOCUMENTS FOR SERVICE: SPS will not alter any court generated documents. Documents that are received by SPS will be served/filed as they are submitted by service requester.  Service requesters are responsible for the accuracy of their documents. It is not the responsibility of SPS to modify, edit, or point out errors on the submitted documents. SPS are not licensed attorneys. 

PROOF OF SERVICE/NON-SERVICE: Proof of service is provided for service of process by email and/or mailing by United States Postal Service. Proof of service will be provided to service requester no more than 48 hours (Monday – Friday) after service has been completed. SPS is not responsible for postal delays when proof of service is mailed to service requester. As Michigan proofs do not require notary or originals, those proofs are commonly emailed the business morning after service has been completed. If an out-of-state service requester prefers to send their own affidavit we will sign and or notary those affidavits within 48 business hours. 

STANDARD SERVICE: First attempt for standard service typically occurs within 72 hours after document(s) and payment have been received. Document(s) and payments that are submitted to SPS Monday – Friday after 5:00 PM EST, or any state / federal holiday are considered received by SPS on the following day. Document(s) submitted for standard service receive 4 attempts over 10-14 days.  Most cases are served much quicker than 10-14 days, but this is based on defendant cooperation and other variables such as location.  All servers are local to the counties they serve. We do not farm out assignments to other firms like many service firms. When you hire SPS, you are hiring an SPS server. 

RUSH SERVICE: First attempt for rush service occurs within 48 hours after document(s) and payment have been received. We make 4 total attempts within 7 days on Rush Assignment. Document(s) and payments that are submitted to SPS Monday-Friday after 5:00 PM EST, or any state/federal holiday are considered received by SPS on the following day. 

PRIORITY SERVICE: The first attempt for priority service occurs within 24 hours after the document(s) and payment has been received.  We make a total of 4 attempts over 72 hours on priority assignments.  Document(s) and payments that are submitted to SPS Monday-Friday after 5:00 PM EST, or any state/federal holiday are considered received by SPS on the following day.

“RIGHT NOW” SERVICE: These types of assignments and terms are discussed and quoted in writing. Each of these cases typically has different circumstances and needs. 

STAKEOUT SERVICE: Stakeout service is invoiced at a minimum of 5 full consecutive hours. Stakeout hours are provided in consecutive hours only and are only provided per address/location. Surveillance hours will not be split, between locations, days, or months unless approved in writing by SPS. There are absolutely no refunds provided for stakeout service once the stakeout has been scheduled. In the event that stakeout is successful without SPS utilizing all requested stakeout hours, there are no refunds for the remaining stakeout hours.

ATTEMPTS: SPS will make 4 attempts at service for the rate charged. Attempts are per address, per named individual for the rate charged. Attempts will not be split between locations (addresses) or persons being served. Upon SPS’s completion of service of process, whether 1 – 4 attempts at service have been made, SPS will have effectively fulfilled its obligation to service requester. Under no circumstances will SPS be required to make further attempts at service without receiving additional payment for service. This includes but is not limited to: Documents needing to be re-served as a result of amendments, errors, or omissions on the part of the service requester.

GENERAL: SPS, it’s employees, are prohibited by law from giving legal advice or practicing law in any fashion. SPS is not responsible for the accuracy and/or completeness of submitted documents it receives for service of any type. Any individual, company, government agency, etc. making a service request of any kind is solely responsible for the accuracy and completeness of the documents being submitted to SPS for any service. Any person, company, government agency, etc., that requests service of any kind from SPS is wholly and solely responsible for the accuracy of the information they provide to SPS to facilitate the completion of the requested service. Wrong addresses, typographical errors, etc. are the sole responsibility and liability of the service requester. For the purposes of service of process, SPS is not responsible for inaccessible addresses/locations, i.e.: gated communities where no gate code has been provided to SPS, private communities with no access, residences with locked gated yards, residences with large breed dogs in the yard, and bad addresses provided for service of process. Additional address information provided to SPS to facilitate service of process will be treated as a new service request and will be invoiced at a rate equivalent to or greater than the full rate of the original invoice. SPS will not under any circumstances alter documents submitted for service. Service requester has an obligation and is solely responsible for providing to SPS all information that is at their disposal to facilitate the performance of requested service.

Failure to comply under these terms and conditions may, at the sole discretion of SPS, result in litigation being brought against the service requester & any named party in documents for filing or service of process.

SPS, at its sole discretion, may choose to enforce or not enforce the terms and conditions listed here in whole or in part. Failure on the part of SPS to enforce any portion of the terms and conditions listed here, in whole or in part, does not, nor will not render any portion of the terms and conditions in whole or in part null or void. Any allowances that SPS grants outside of the terms and conditions listed here, does not, nor will not render any portion of the terms and conditions listed here null or void.

You (service requester) agree by submitting documents of any type and payment for services to SPS, that should a dispute arise between you and SPS, the dispute will be litigated in Livingston County District Court, where the non-prevailing party will bear all costs and/or attorney fees associated with said litigation.

CHANGES TO TERMS AND CONDITIONS: Swift Process Servers, LLC. reserves the right to revise, modify or update the terms and conditions as listed here in whole or in part, at its sole discretion.

SPS reserves the right to refuse any service request at any time for any reason without discussion.