These are the terms and conditions (“Terms”) upon which Across The Pond Process Service will accept instructions for the service of documents from outside the United Kingdom.
These Terms are to be read in conjunction with the ATPPS publication “Gold Service – Serving Civil Court Documents from Foreign Jurisdictions upon Subjects in England or Wales” (supplied to all new Clients and available upon request) (“Guide”).
Definitions
1
In these Terms and the Guide:
1.1
“ATPPS” – means Michelle Bowman and Rob Bowman trading together as Across The Pond Process Service;
1.2
“Client” – means the individual(s)/agency/firm/other entity engaging ATPPS to seek to serve Service Documents upon the Subject(s) as described herein;
1.3
“Subject(s)” – means the individual(s) or entity/ies that the Client is engaging ATPPS to serve the Service Documents upon;
1.4
“Website” – means https://atpps.com;
1.5
“Service Convention” – means The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters;
1.6
“Article” – means an article of the Service Convention;
1.7
“Service” – means the process of attempting the service of the Service Documents upon the Subject(s) in accordance with the procedures described herein;
1.8
“Gold Service” – means Service further to Article 5 as described within the Website and the Guide;
1.9
“Silver Service” – means Service further to Article 10 as described within the Website;
1.10
“Bronze Service” – means informal Service as described within the Website;
1.11
“Instruction” – means an instruction from a Client to ATTPS to attempt Service;
1.12
“Central Authority” – has the meaning set out in the Guide;
1.13
“Hague Request” – means, in relation to Gold Service, a Request, completed in accordance with Article 3 and the Guide, addressed to the Central Authority seeking the Service of the Service Documents;
1.14
“Hague Forms” – means, in relation to Gold Service, a Hague Summary together with (if supplied by the Client) a Hague Notice, each as described in the Guide;
1.15
“Service Documents” – means the documents supplied by the Client to ATPPS for Service upon the Subject(s), including (for Gold Service) the Hague Forms;
1.16
“Witness Statement of Service” – means a witness statement from a process server prepared in accordance with the law of the relevant jurisdiction within the United Kingdom relating to the method of service of the Service Documents upon the Subject(s);
1.17
“Witness Statement of Non-Service” – means a witness statement from a process server prepared in accordance with the law of the relevant jurisdiction within the United Kingdom relating to any failure to serve the Service Documents upon the Subject(s);
1.18
“Hague Certificate” – means a certificate of service or non-service submitted to the Central Authority in accordance with Article 6, incorporating the Witness Statement of Service or the Witness Statement of Non-Service as the case may be;
1.19
“Sealed Certificate” – means a court-sealed Hague Certificate issued by the Central Authority.
2
Clause headings shall not affect the interpretation of these Terms.
Process – Gold Service
3
To commence a Gold Service Instruction, the Client shall supply ATPPS (in such manner as is agreed with ATPPS) with the documents detailed in the Guide.
4
ATPPS shall then take steps to undertake Service, obtain a Hague Certificate and return it to the Client, as set out in the Guide.
Process – Silver and Bronze Service
5
To commence a Silver Service Instruction, the Client shall supply ATPPS (in such manner as is agreed with ATPPS) with a formal letter of instruction to undertake Service in accordance with Article 10 in the format advised by ATPPS, together with the documents described below.
6
To commence a Bronze Service Instruction, the Client shall supply ATPPS with the documents described below.
7
For Silver Service and Bronze Service Instructions the Client shall supply ATPPS with:
7.1
the Service Documents:
7.2
the name(s) and address(es) (and any alternate address(es)) of the Subject(s);
7.3
instructions as to the method by which any documents are to be returned to the Client (our preferred method is FedEx International Priority, in which event the Client shall supply ATPPS with a FedEx account number to bill the relevant charges to);
7.4
where documents are physically supplied (ie other than by electronic means):
7.4.1
as many copies of each document as ATPPS shall reasonably require;
7.4.2
a Microsoft Word document containing the title of the proceedings;
7.7
where any document supplied is not in English, a duly certified translation of that document into English;
7.8
payment of the relevant fee.
8
Upon receipt of a valid Instruction, ATPPS shall seek to undertake Service and shall keep the Client informed of progress.
9
If Service is successful, ATPPS will draft and obtain a Witness Statement of Service and return it to the Client by the method requested at clause 7.3.
10
If Service is unsuccessful, ATPPS will seek the Client’s instructions (eg as to seeking to trace the Subject(s)) and, if so instructed:
10.1
take further steps to serve (eg at a different address); or
10.2
return a Witness Statement of Non-Service to the Client.
General
11
ATPPS can advise as to the relevant procedures and court rules for the service of documents in accordance with the law of England and Wales.
12
ATPPS cannot advise as to the law of the state of origin of the Service Documents and/or the Client, and the Client is responsible for ensuring that service of the Service Documents in the manner described herein will satisfy/be effective/be in accordance with their local law and/or court procedures.
13
Nothing in these Terms shall limit or exclude ATPPS’s liability for:
13.1
death or personal injury caused by our negligence;
13.2
fraud or fraudulent misrepresentation; or
13.3
any other liability which cannot be limited or excluded by applicable law.
14
Subject to clause 13 ATPPS shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
14.1
loss of profits;
14.2
loss of sales or business;
14.3
loss of agreements or contracts;
14.4
loss of anticipated savings;
14.5
loss of or damage to goodwill;
14.6
loss of use or corruption of software, data or information; and
14.7
any indirect or consequential loss.
15
Subject to clauses 13 and 14, ATPPS’s total liability to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with an Instruction shall be limited to five times the fee.
16
No variation of these Terms shall be effective unless in writing and signed by or on behalf of ATPPS and the Client.
17
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
18
Any dispute or claim arising out of or in connection with these Terms shall be governed by and construed in accordance with the law of England and Wales and ATPPS and the Client irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with them.