NATIONAL LIEN SERVICES LLC TERMS & CONDITIONS
NATIONAL LIEN SERVICES, LLC, an Arizona Corporation (hereinafter referred to as “NLS”), provides research, clerical, and related legal document drafting services for the preparation and purpose of creating and serving lien related documents in accordance with the following terms and conditions:
TLDR; (Too Long, Didn’t Read)
We are not attorneys. Period. Although we create legal documents for related to your company’s lien or bond claim rights, we are not attorneys, nor do we represent ourselves to be legal professionals. We do not offer legal advice, services, or direction regardless of question or scenario as the Company is not sanctioned to practice law in any way.
We aren’t mind readers. Period. Although we work diligently to warrant our work, we are wholly dependent on You to provide accurate project locations, scope of work, project type, dollar amounts, and dates when requesting your documents. Any inaccuracies, untruths, deception, exclusion of accurate facts, or misleading information provided BY you via the Site, electronic mail, phone, text, or any other communication renders National Lien Services, LLC, agents, affiliates, and partners harmless for any potential litigation caused by said inaccuracies or untruths.
Basically, we trust you. If you tell us you began or completed a job on a certain date and/or the dollar amount your owed is free of unauthorized change orders, breach of contract with your client, or fall outside the permissible avenues for collection, then we will believe you. If you have any questions on the validity of filing deadlines or timeframes, lien amounts owed, or claimed, we direct you to your construction attorney for advice.
We aren’t skip tracers. Period. If you have an open invoice with us, please be mindful to pay that invoice within the terms of your agreement with us – don’t make us hunt you down. We protect YOUR money, please be sure to help us protect ours and pay your invoices in a timely manner. Accounts that become past due at 45 days, late fees will be incurred at $75 for every month the invoice is open. Please don’t make us go to small claims court… it’s just a huge time drain for all of us. If you’re challenging a charge or have questions on an invoice you have received, you may always email our billing team at billing at NationalLienServices.com. We are ALWAYS available to answer questions or help.
GENERAL CONDITIONS:
1. NLS is not a law firm and does not represent themselves to be legal professionals or attorneys in any way. NLS will not provide legal advice under any circumstance.
2. NLS will ensure to represent the customers’ company as professionally and ethically as possible during the data validation process.
3. NLS does not warranty or guarantee the accuracy of the information on the customer’s documents when relying on public resources.
4. The customer agrees and appoints NLS as limited agent to execute related lien claims and notices to complete the requisite declarations of service.
DOCUMENT PREPARATION
5. NLS will accept document requests via online portal
a. NLS highly discourages requests made via email to ensure continuity of the data received
6. The customer or authorized agent agrees to provide the following information:
a. Your customers’ name, address, and telephone number
b. Job site name and accurate address
c. Materials or labor to be furnished
d. Date job started or planned starting date
e. Estimated cost of the job
7. The customer agrees to attach any supporting documentation to the online request that was already provided by a general contractor. Those documents can include:
a. Preliminary Notice Information Sheet
b. Job Information Sheet, etc
8. The customer agrees to provide the aforementioned information with a minimum of ten (10) business days for preparation and service by NLS.
a. Exception: client may elect to expedite or rush the notice for quicker processing for an additional fee
9. NLS will gather relevant and/or required information from various sources including, but not limited to:
a. Public Agencies:
i. Assessor
ii. Recording
iii. Tax Office(s), etc
b. Telephonic communication:
i. General Contractor
ii. Direct Contractor
iii. Lender / Reputed Lender
iv. Any other party that may have an impact to the customer’s lien rights
c. Email communication:
i. General Contractor
ii. Direct Contractor
iii. Lender / Reputed Lender
iv. Any other party that may have an impact to the customer’s lien rights
10. NLS will provide related legal documents as accurately and timely as possible; however, while every reasonable attempt will be made to gather reliable information, the customer agrees to provide accurate project information on the onset of research to ensure documents are duly prepared.
11. The customer understands that public resources and records may be out of date or incorrect, but that all attempts to validate this information will be made.
12. The customer understands that NLS and their agents may, at any time, deny or refuse to prepare a document if it is they have determined the documents provided are faulty, fraudulent, or are unable to be validated.
INDEMNIFICATION
13. The customer agrees to hold NLS, its officers, agents, and employees harmless for all claims resulting from any loss, damage, or injury, of any and every nature, whatsoever, including special or consequential damages, including attorney’s fees, resulting from, or in any way connected with the preparation, service and/or recording of preliminary notices, related claim notices, or other services rendered.
14. The customer agrees to represent NLS in any legal action resulting from a recorded document that was deemed to be faulty for any reason.
15. The customer understands that these documents are not a guarantee of payment.
16. In no event shall NLS be held liable for any loss, damage, injury, or claim arising from any undocumented features or issues from use of any online or desktop software applications for the purposes of preparing construction notices, lien waivers, and/or escalations (liens, bond claims, etc).
17. NLS will provide a completed copy of all documents to customers via email and will be available to customers in good standing at all times via the online portal.
18. The customer shall indemnify and hold harmless NLS, its officers, directors, employees, partners, and agents from any and all claims, damages, liabilities, costs, and expenses arising from or in connection with the use of any third-party applications contracted by NLS. This indemnity shall include, but not be limited to, any losses, damages, or legal fees incurred as a result of claims of intellectual property infringement, breach of contract, or any other legal violations arising from the use of such third-party applications.
PAYMENTS / GOOD STANDING
19. The customer agrees to pay for the abovereferenced services with one of the following terms:
a. Standard Net 20
b. Enrolled in Quick Pay Program (QPP)
c. Pay at time of services rendered
20. Customers in good standing are customers (current and previous) whose accounts have not been deactivated or suspended for any of the following reasons:
a. Lack of payment
b. Forgery of documents
c. Fraudulently representing themselves as an agent, affiliate, or employee of NLS
d. Manipulating, editing, or modifying any proprietary documents for any reason without the prior written authority of NLS leadership
e. Providing faulty information to NLS for the preparation of lien related documents
f. Other reasons found to be just and reasonable by NLS leadership
21. Customers not in good standing due to any of the aforementioned reasons understand that they forfeit any access to the NLS online portal – which includes all historical documents, notices, liens, claims, etc.
22. The customer agrees to pay for any and all late fees associated with late payments. The service charge for late fees is $50 for every month the invoice is unpaid. Any waiver of these fees are at the sole discretion of NLS officers.
23. The customer shall be responsible for all bank fees incurred due to returned checks, in addition to a service fee of $75.
UPDATES TO USER AGREEMENT
24. This NLS User Agreement was last updated on May 24, 2023
If you have any questions or concerns related to this document, you may contact us in writing at:
National Lien Services, LLC
P.O. Box 19104
Fountain Hills AZ 85269
