SERVICES AGREEMENT

This AGREEMENT is entered into by and between You, the User (“Client”) and ARIZONA LIEN AND BOND SERVICES, INC. d/b/a WESTERN STATES LIEN COMPANY by the use of this website and any of it’s services.

Conditions

Firm will have no obligation to provide any services, until Client returns a signed copy of the Agreement If Client fails to return a signed copy of this agreement, and in the event Firm does provide services or incurs costs on behalf of Client, Client agrees to pay for such services and costs as if this Agreement were in full force effect at such time. Client agrees to pay for all services at such rates as may be published on Firm’s website which may change from time to time. Client Agrees that this Agreement is effective when signed and that facsimile, or imaged copies of the same shall be enforceable against Client without the need for Firm to produce the Original signed copy.

 

Scope and Duties

Client agrees that Firm will provide clerical and information gathering services and for the preparation and mailing of preliminary lien notices and related claim notices and / or preparation, mailing and recordation of statutory mechanic’s and material man’s liens pursuant to the following terms and conditions.

Upon Client’s written and / or on-line request, Firm will prepare and mail preliminary lien notices and / or claim notices on behalf of Client. So that Firm may fulfill order(s) placed by Client, Client agrees to timely and fully provide ALL of the following information, in writing to Firm.
1.    Client’s name, address, telephone and facsimile number.
2.    Job site name and physical address.
3.    A detailed and complete description of the materials, labor,services or equipment to be furnished.
4.    The date the Job started or the planned starting date.
5.    An estimated cost of the Job.
6.    The name, address, telephone number and license number of the company or person that hired Client for the project.
7.    For Mechanics and materialman’s liens, Firm further requires
a)  The reasonable value of the labor, materials, equipment or other services which remain unpaid after offsetting all just offsets and credits which may be due from Client to its customer.
b)  The last date on which work was provided by Client on theProject (not including warranty, punchlist items, or repairs to existing work.
c)  If known, the date of the final inspection or certificate of occupancy issued by the governmental entity that issued the original building permit.

Client is solely responsible for the accuracy regarding all of the foregoing information and agrees to provide firm with a minimum of ten (10) business days lead time for the preparation and mailing / or recording by Firm. Firm offers expedited services when time permits but charges additional fees for which Client agrees to pay. If Client desires expedited services or filings, such request SHALL BE MADE IN WRITING faxed to Firm.

Limitation of Liability

Client remains solely responsible for verifying Firm’s completed work and agrees to immediately notify Firm of any errors, corrections, or changes which may be required. Client understands and express waives any claim against Firm which Client may have not or in the future due to Firm’s inability to ascertain the party or parties who should receive preliminary notices, notice of claims of lien, or notice of claims on bond.

Firm’s services are designed to provide timely preparation and mailing of preliminary notices or related claim, lien, or bond notices. While Firm makes a reasonable effort to gather reliable information, if information is gather from outside public records and private sources, it is without independent verification by Firm. Accordingly, no representation of any kind is made as to the ultimate accuracy of such information or any work or product prepared by Firm.

Client remains solely responsible to assure that preliminary lien notices, any subsequent amendments, and any subsequent liens are timely requested so that they may be timely mailed and / or recorded. Firm is not responsible and Client agrees to hold Firm harmless from any claim caused in whole or part by Client’s failure to make timely requests for filings or caused by Client’s failure to provide timely and complete necessary information.

Firm’s liability whether in contract, in tort, under any warranty, in negligence or any other claim which could possibly arise under any federal, state, or local law or authority, shall in no event exceed the sum of $1,000.00 per occurrence or the sum of 5 times the services and mailing fee charged by Firm for the particular notice, lien, or cliam giving rise to Firm’s liability – whichever is less. Client expressly waives and relinquishes any claim of special, indirect, or consequential damages. Client agrees that the stated sum is a reasonable estimate of Client’s actual damages which in whole or in part are caused by any breach of this Agreement by Firm or by Firm’s negligence.

Except as provided above, to the fullest extent provided by law, Client agrees to hold harmless Firm, its agents, employees, officers, directors, and shareholders, from and against any and all claims, damages, or losses of any kind or nature which in any way arise from or relate to the services or failure to perform services from Firm to Client.

Agency and Limited Power of Attorney

By signing below, Client appoints Firm as its limited agent and with power of attorney to sign, execute, and cause to be prepared or filed in Client’s name any and all preliminary lien notices, letters, notices and claim of lien, and notices and claim on bond and to complete as necessary the requisite declarations of service.

 

Pre-Paid Services

All Mechanics Liens, Bond Claims and relates services may require pre-payment and Client agrees that such work may be performed (and billed) by Firm through association with Bluff & Associates, P.C. Client agrees to pay for all other services upon receipt from invoices or other billing statements prepared by Firm. Payment of all outstanding balances is due upon receipt. Client agrees to pay interest of 2% per month on all balances outstanding after 30 days.

In the event Firm has to undertake collection activities, including the hiring or retaining of legal services, Client further agrees to pay in addition to the unpaid principal and accrued interest, all attorneys fees and costs incurred by Firm.

Discounts for services are computed on a calendar month basis and will be applied as a credit against future services or refunded as necessary. Application of Discounts will be issued only for services paid within 30 days of invoicing. Discounts do not apply for special services or additional mailing fees (certified mailings). Client waives all claim for discounts or credits on services not paid within 30 days of invoicing.

Entire Agreement – Modifications

Client agrees that this Agreement constitutes the entire integrated agreement between Client and Firm and that there are no further terms or provisions whether oral or otherwise. Firm reserves the right to change its fee structure and charges at any time. Client agrees that notice of such changes will be by posting on Firm’s Website only and that such posting is sufficient to provide Client with advance notice of such changes. Any and all prior representations by Firm regarding its services and obligations to Client have been fully integrated herein. To the extent that Client believes that there are any subsequent agreements, representations, or statements which Client believes constitute in whole or part the Agreement between Firm and Client, Client agrees to immediately and not later than 5 days after made, notify Firm of the same in writing. Such statements, representations, or other agreements shall not thereafter be binding upon Firm until approved in writing and signed by the President of Firm.

 

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with Arizona law. In the event litigation should be commenced arising out of or relating to this Agreement or the services or failure to perform services by Firm, the parties agree that the exclusive jurisdiction shall be Maricopa County Superior Court.

 

Termination of Agreement

This Agreement shall be governed by and construed in accordance with Arizona law. In the event litigation should be commenced arising out of or relating to this Agreement or the services or failure to perform services by Firm, the parties agree that the exclusive jurisdiction shall be Maricopa County Superior Court.

 

Record Retention Policy – Paperless Office

As of October 1, 2007, the Firm converted completely to a Paperless Office. File materials are available only in computerized image format. With limited exception, originals of all documents will be shredded on a monthly basis. Unless otherwise requested in writing by Client, Client agrees that imaged copies of documents and records are sufficient if maintained by the Firm and that the ORIGINAL materials are not necessary to be maintained by the firm, Western States Lien Company.