ONLINE TERMS: EVICTION SERVICES
- THIS RETAINER AGREEMENT (“Agreement”) memorializes the agreement of the property owner and manager (collectively “Client”) and Karsaz Legal Solutions, Inc. (“Karsaz”). Client requests to use the legal and process server services provided by and through Karsaz pursuant to this Agreement as follows:
- TERM & TERMINATION This Agreement shall commence on the date of the Agreement signed by the parties and continue until on an annual basis, unless terminated with no less than a 60-day notice prior to the annual renewal date.
- FEES The eviction and/or process service fees shall be selected by the client as part of the agreement signed by the parties. All attorneys’ fees, court costs, constable costs, and other charges shall be due and payable immediately. Eviction matter fees (and court and other costs, if applicable) shall be due upon submittal of the eviction filing request by the Client to Karsaz, regardless of whether the matter is withdrawn, canceled, or rescinded prior to the completion of the filing. All attorneys’ fees, court costs, constable costs, and other charges shall be due and payable immediately. Client understands that costs and fees may change from time to time, and that, Karsaz may change the prices upon notice of no less than 30 days. Any services not contemplated by, or in addition to, the service agreement shall be billed at the prevailing attorney fee rate of $295 per hour.
- WAIVER OF RETAINER FEE; PAYMENT OF INVOICES; DISPUTES In lieu of an advance retainer fee due by client – which has been waived – Karsaz shall bill client in accordance with the pricing sheet executed by and between the parties. Karsaz shall submit invoices on a monthly basis via email. Invoices are due upon receipt and, and thirty days thereafter, interest shall accrue at a rate of 1.5% or a flat fee of $65. Any dispute pertaining to an invoice, or portions thereof, must be submitted within thirty (30) days; otherwise, Client agrees to waive said dispute and shall submit payment in full of all amounts due and owing. The parties hereby agree that any disputes shall be resolved in a court of proper jurisdiction in Clark County, Nevada.
- SERVICE DAYS; DELAYS Karsaz reserves all rights to determine the priority and order of service attempts. Clients on the monthly subscription services are entitled to a single site visit per month; any additional trips will be billed at the prevailing service rate of no less than $35 per notice. Service days will be determined based on client seniority, size of service order, availability of servers, and other factors. Service days falling on weekends or holidays will be rescheduled to the next available work day. Our process servers will do their best to arrive at the designated date and time. Holidays, emergencies, traffic conditions, weather and other factors may cause a delay in the service efforts. Client understands and agrees that Karsaz does not and cannot guarantee date and time preferences and, as such, Client releases, defends and hold harmless Karsaz and its agents from any all claims, damages and/or allegations.
- ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the Parties, supersedes any and all previous understandings with respect to the services, and binds and inures to the benefit of the Parties.
- INDEMNIFICATION Client hereby acknowledges and understands that Karsaz provides legal and/or risk management advice and is not in the business of managing real estate; and, as a result, Client agrees to indemnify, defend and hold Karsaz harmless from any claims, causes of action or demands based on negligent management or maintenance of the asset or any portion thereof. In addition, Client hereby releases Karsaz and its agents from any and all claims of damages relating to the filing or handling of any aspect of the unlawful detainer process.
- MISCELLANEOUS This Agreement may be executed in counterparts, each of which shall be deemed an original. In addition, facsimile copies of the Agreement shall be deemed admissible for all purposes. In the event of any litigation or other proceeding arising from or related to this Agreement (whether in contract, tort or both), or to the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation. Karsaz reserves the right to amend any Eviction Worksheet and the rates thereon, without further notice and in its sole discretion. The rates contained within the current Eviction Worksheet do not include court costs (ie. filing fees, constable fees, etc.); said costs vary at the discretion of the Courts. Karsaz does not warrant or guarantee the outcome of any given Eviction matter. Any designated agent must be approved by Karsaz Law. Moreover, Karsaz shall review the paperwork associated with the service of 7 Day Notice to Pay Rent or Quit and if Karsaz verifies that service of notice is improper, Karsaz reserves the right to decline signature of “Attorney Declaration in Support of Agent’s Declaration of Service of Eviction Notice” (“Attorney Certificate”). The applicable Eviction Worksheet shall only apply to Non-Payment of Rent. Any cases involving Other than Non-Payment of Rent Issues (Nuisance, Breach of Covenants, Holdover Tenancy), bankruptcy proceedings, Formal Unlawful Detainer Evictions and/or other special Eviction matters shall be billed an hourly rate at the prevailing rate. Karsaz reserve the right, in its sole discretion, to decline representation in any case, including cases which may involve a conflict of interest. Any invoices submitted by our office shall be due and payable by Client upon receipt. In the event of injury, loss or damage to Client as a result of eviction proceedings, Karsaz shall not be liable; excluding in the event of willful misconduct, negligence, fraud, or violation of law. Client hereby agrees to indemnify and hold Karsaz harmless from all liability for any such injury, loss or damage incurred as a result of eviction proceedings.