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Statutory Agent Services Agreement

(This is a SAMPLE Service Agreement)

When you hire us as your statutory agent, you will receive a copy of the “Statutory Agent Services Agreement,” which we periodically update. This is merely a sample. You will have the opportunity to review and accept the current Statutory Agent Services Agreement when you create your account.

Text Color Legend:

• Black Text - applies to businesses and to landlords

• Green text – applies only to businesses

• Blue text – applies only to landlords

1. Cancellation. Client may cancel services at ANY TIME for ANY REASON or NO REASON by sending notice of cancellation via the website, fax, email or regular mail. Agent may elect to send an email, fax, etc., to Client to confirm that Client wishes to cancel service.

2. Fees. Client agrees to pay Agent the following fees if/when applicable:

a. NO FEE FOR NOTICES. Client shall not incur any charge if/when Agent sends a Notice to Client via fax or email. However, in the event Client directs Agent – in writing (which includes email) – to send the original Notice(s) to Client via regular mail or otherwise, Client shall pay the cost thereof.

b. Late Fees. If Client does not remit payment of any amount due to Agent within thirty days of the due date or remits less than the full amount due, then a Late Fee of ten dollars ($10) may be assessed, plus ten dollars ($10) for each additional month or partial month, until payment has been received by Agent. Partial payments received shall be applied first to late fees and then other amounts due.

c. Resignation and Reinstatement fee. If Agent has resigned as Client’s statutory agent and/or closed Client’s Account and, thereafter, Client desires to reinstate the Account, then Client shall pay a forty-nine dollar ($49) Reinstatement Fee, plus Late Fees, plus any costs/expenses incurred by Agent relating thereto (if any), plus any reinstatement fees, filing fees, and/or other fees charged by the: (1) ACC or (2) county assessor.

d. BUSINESS Statutory Agent Fee. Client shall pay to Agent, in advance, an annual fee in exchange for Agent providing statutory agent services to Client. Payment shall be made by one of the following methods, which may be changed at any time by Client.

i. “Recurring Payment.” The statutory agent fee for one business entity for one Calendar Year is $60.00 when paid by Recurring Payment. If eligible and Client requests a Volume Discount Account, then Client may pay a reduced annual fee for each additional business entity; minimum fee is $10/year.

ii. “Non-Recurring Payment.” The statutory agent fee for one business entity for one Calendar Year is $90.00 when paid by Non-Recurring Payment. If eligible and Client requests a Volume Discount Account, then Client may pay a reduced annual fee for each additional business entity; minimum fee is $10/year.

e. Arizona Business Address Service. Only if needed or desired by Client, Client shall pay to Agent, in advance, concurrently with the fee for statutory agent services, an annual fee of $60 for one Calendar Year to use Agent’s address as Client’s Arizona business address (e.g., known place of business, principal office, or similar designation by the ACC) for Client’s Business.

f. Confidential Address Service. Only if requested by Client, Client shall pay to Agent, at the time this service is requested, a one-time fee of $98.00 for each individual of the Business who desires to use Agent’s address as the individual’s address (rather than using the individual’s home address or other address the individual does not want listed on the ACC’s website).

g. Electronic Processing. Only if requested by Client, Client shall pay to Agent, at the time this service is requested, a one-time fee of $195 to have Agent electronically file documents with the ACC.

h. LANDLORD Statutory Agent Fee. Client shall pay to Agent, in advance, an annual fee in exchange for Agent providing statutory agent services to Client. Payment shall be made by one of the following methods, which may be changed at any time by Client.

I. "Recurring Payment.” The statutory agent fee for one property for one Calendar Year is $60.00 when paid by Recurring Payment. Each additional property is $25 more (each) for the same period.

ii. "Non-Recurring Payment.” The statutory agent fee for one property for one Calendar Year is $90.00 when paid by Non-Recurring Payment. Each additional property is $25 more (each) for the same period.

3. Consent. Client authorizes Agent:

a. To accept – on Client’s behalf and/or Client’s Business’s behalf – service of Notices via fax, email, personal service or otherwise, from any/all third-parties (i.e., individuals, tenants, businesses, attorneys, governmental agencies, etc.).

b. To open all Notices and to discard the original Notice after Agent has sent the Notice to Client via mail, fax, DocuSign, and/or email.

c. Agent is not a “mail forwarding service.” Client shall not have Client’s general/business mail (e.g., bills, business correspondence, package delivery, etc.) sent to Agent’s address. Agent may return to sender any or all general/business mail. For repeated general mail (e.g., monthly bills or statements), Agent may, on Client’s behalf, request that the sender send all future mail to Client’s Mailing Address.

4. Client also agrees:

a. Client is responsible for keeping Name 1, Email Address 1, Fax Number 1, and Client's Mailing Address current in the Account (“Account Information”). Agent has no duty to search past communications between Agent and Client or to investigate other sources to locate current and/or alternate Account Information.

b. Agent may periodically request Client to verify the information Agent has on file or request that Client provide updated information and/or update the Account. Agent may periodically send email to Client, including invoices for the services stated herein and Notices (if received by Agent), and may also send information about other products and/or services available for purchase by Client from Agent and/or Agent’s affiliated businesses. Client authorizes Agent to add Client’s email address(es) to Agent’s email list.

c. Client is solely responsible for researching, investigating, and/or taking any/all action to determine whether the business name used by and for Client’s Business, including: fictitious name(s), “doing business as” name(s), other names, words, phrases, etc., are protected by, complies with, or violates intellectual property law (e.g., copyright, trademark, etc.). Agent will not, and has no duty to, take any of the foregoing actions.

5. Agent’s duty to send Notice to Client.

a. Agent's duty to send a Notice to Client is satisfied when Agent sends a Notice to Client one time: (1) to Email Address 1 by email or DocuSign; (2) to Fax Number 1 by fax; or (3) to Client’s Mailing Address by certified mail, as that Account Information appears as of the date Agent sends a Notice to Client. Agent shall have unfettered discretion to elect to send, or not send, a Notice to Client more than one time and/or by more than one method.

6. Definitions.

a. ACC - Abbreviation for the Arizona Corporation Commission.

b. Calendar Year – One full year of 365 days, starting from the date Client remits payment for Statutory Agent Services. Example: If creates an Account on January 10 and Client remits payment for Statutory Agent Services on January 15, then Client shall receive Statutory Agent Services until January 14 of the following year (i.e., one Calendar Year after payment).

c. Client - The Business is the Client, not the individual(s) who created or maintains the Account.

d. Client - The owner of the rental property is the Client. If the owner is a business entity (e.g., LLC, corporation, etc.), then the business entity is the Client, not the individual(s) who created or maintains the Account.

e. Email Address 1 - The email address entered by Client in the Account.

f. Fax Number 1 - The fax number entered by Client in the Account.

g. Name 1 - The primary point of contact listed by Client’s representative when creating Client’s Account. This person, along with all other persons listed in the Account, are authorized to act for and/or on behalf of Client and Agent may rely and/or act on instructions given by one or more of those persons.

h. Notice – The term “Notice” shall include mail, documents, notices, service of process and/or anything delivered to and/or served upon Agent via the United States Postal Service, United Parcel Service, FedEx, process server or otherwise.

i. “Non-recurring Payment” – Payment of the annual fee for Statutory Agent Services by any method other than “Recurring Payment” is a Non-Recurring Payment. Non-Recurring Payment includes: check, money order, or cashier’s check, and also includes payments by credit/debit card or PayPal if not set up by Client as a “Recurring Payment.” Example: Client makes a “Non-Recurring Payment” on January 15 by check or debit/credit card; on or before January 15 of the following year, Client must manually remit payment by check or debit/credit card for the following year of service. Failure to timely remit payment may result in late fees, resignation by Agent, and/or other action taken by the State of Arizona and/or local government as a result of Client not having a statutory agent.

j. “Recurring Payment” – Similar to a magazine subscription or private club membership dues, a “Recurring Payment” for Statutory Agent Services is set up online by Client and renews automatically by charging the same credit/debit card or PayPal account on or about the same day every year, for the same flat fee amount each year, without Client having to manually remit payment. Agent may send to Client via fax or email a reminder that an upcoming “Recurring Payment” is scheduled. Example: Client sets up “Recurring Payment” on January 15 with a credit/debit card or PayPal account; on or about January 15 of the following year, Client’s credit/debit card or PayPal account (the same account that Client used to set up the Recurring Payment) will automatically be charged the same amount for the following year of service. Automatic payments will continue annually thereafter until canceled by Client or Agent.

7. Miscellaneous.

a. Client’s agreement and consent to the foregoing terms are demonstrated: by Client checking the “Yes” box when creating the Account; by sending an email or other communication approving this Service Agreement; by continuing to use Agent’s services after receiving a copy of this Service Agreement (e.g., attached to an email, hyperlinked in an email); or other conduct indicating approval.

b. The person creating this Account represents and warrants to Agent that s/he is authorized to open this Account on behalf of Client. The person creating this Account, individually and on behalf of Client, hereby releases Agent from, and separately agrees to indemnify Agent for, any/all liability to Agent arising out of Agent relying upon, or Agent taking action based directly or indirectly upon, one or more of the foregoing representations and/or warranties.

Service Agreement, v20210719