By proceeding with your purchase, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Welcome to ONLY SUBPOENAS™. By purchasing our subpoena services through our website, you as the Attorney, agree to the following Terms and Conditions.

Only Subpoenas™ and Attorney Engagement Agreement

1. Scope of Services

1.1 Services Provided. Only Subpoenas™ (“Provider”) agrees to offer subpoena support services to licensed attorneys (“Client”) strictly for lawful purposes and in accordance with applicable federal, state, and local rules and regulations. The services rendered under this Agreement may include, but are not limited to:

• (a) Preparation of subpoenas by inputting case-specific information into subpoena templates;

• (b) Compliance-related assistance, including research into proper subpoena forms and acceptable methods of service for the relevant jurisdiction;

• (c) Follow-up communications to identify and collect any missing or incomplete information necessary to finalize the subpoena;

• (d) At Client’s written request and for an additional fee, summarization of forensic records in a format suitable for potential evidentiary use, such as an exhibit-ready report.

1.2 Subpoena Templates. The Client may provide its own subpoena template(s) for use in each matter. In the absence of a Client-provided template, Provider shall supply a jurisdictionally appropriate subpoena form prepared by its trained SubAgents. All templates, whether provided by the Client or the Provider, are subject to Client’s final review and approval prior to use or issuance.

1.3 Limitations on Services. Provider does not engage in the practice of law and does not offer legal advice, interpretation of legal documents, or strategy. The Provider’s role is administrative and supportive in nature. All legal determinations, including the decision to issue a subpoena, the form and content of the subpoena, and its service, are the sole responsibility of the Client.

1.4 Client Responsibilities. The Client retains full responsibility for:

• (a) Verifying that all subpoena requests comply with applicable laws, court rules, and ethical standards;

• (b) Reviewing and approving all subpoenas before issuance;

• (c) Ensuring that the use of Provider’s services does not violate any rules of professional conduct or obligations owed to courts or third parties;

• (d) Promptly responding to Provider's requests for information necessary to complete the requested services.

1.5 Mutual Protections. Each party agrees to perform its respective obligations in good faith and in a professional and timely manner. The Provider shall use reasonable care and diligence in performing the services described herein. However, Provider shall not be liable for delays, errors, or omissions arising from incomplete, inaccurate, or untimely information provided by Client, or for any legal consequences resulting from Client’s failure to review or approve subpoena-related documents.

2. Attorney Responsibility

2.1 Professional Status. Client represents and warrants that they are a duly licensed attorney in good standing and authorized to issue subpoenas within the jurisdiction(s) relevant to each matter for which services are requested. Client agrees to immediately notify Provider if their license becomes suspended, revoked, or otherwise impaired.

2.2 Review and Approval. Client is solely responsible for the final review and approval of all subpoenas prepared with Provider’s assistance. No subpoena shall be deemed complete or ready for service unless and until Client has verified its legal sufficiency and confirmed that it complies with all applicable rules of procedure and professional conduct.

2.3 Independent Legal Judgment. Client acknowledges and agrees that Provider is a non-lawyer entity and does not provide legal advice, legal opinions, or legal representation. All legal decisions—including, but not limited to, determinations regarding the appropriateness, scope, timing, content, and service of any subpoena—remain solely within Client’s professional judgment and control.

2.4 Responsibility for Legal Compliance. Client assumes full responsibility for ensuring that each subpoena issued through the assistance of Provider complies with all applicable statutes, court rules, evidentiary standards, privacy protections, and ethical obligations.

2.5 No Attorney-Client Relationship. Nothing in this Agreement, nor in the services provided hereunder, shall be construed to create an attorney-client relationship between Provider and any third party, witness, litigant, or the Client themselves. Provider acts solely as an administrative support service.

3. Payment & Fees

3.1 Payment Terms. Client agrees to remit full payment for standard subpoena services at the time of order placement, unless otherwise agreed to in writing by the Parties. No services shall be rendered until payment is received, except in cases where Provider has extended written credit terms or a retainer agreement is in effect.

3.2 Additional Charges. Any supplemental costs incurred in connection with the subpoena request—including, but not limited to, service of process fees, court filing fees, courier charges, notary services, or expedited processing—are not included in the base service fee and shall be invoiced separately. Provider shall notify Client of such additional costs in advance whenever practicable, and Client agrees to pay such charges within the time specified on the invoice.

3.3 Refund Guarantee

Provider guarantees professional preparation and delivery of subpoena-related documents within forty-eight (48) business hours of receiving all necessary information. All subpoenas prepared shall conform to jurisdictional formatting and procedural requirements to the extent such compliance is ascertainable by Provider through publicly available resources and information supplied by Client.

If Provider fails to deliver services in substantial conformity with this guarantee due solely to Provider’s error or omission, Client shall be entitled to either: (i) a prompt correction of the error at no additional charge, or (ii) where correction is not feasible, a full or partial refund of the affected service fee, as determined by Provider in good faith.

This guarantee shall not apply to:

• (a) Delays caused by incomplete, inaccurate, or untimely information supplied by Client;

• (b) Matters outside Provider’s control, including but not limited to court rejections, third-party delays, service of process failures, or system outages;

• (c) Subpoenas that are quashed or rendered legally invalid after issuance, regardless of cause;

Nothing herein shall be construed to imply that Provider guarantees legal outcomes, enforceability, or acceptance of any subpoena by third parties, courts, or opposing counsel.

Refunds for unused subpoena credits may be approved upon mutual agreement and in Provider’s sole discretion, taking into consideration fairness and the specific facts and context provided by Client.

4. Processing & Turnaround Time

4.1 Standard Turnaround. Provider strives to complete standard subpoena preparation and processing within forty-eight (48) business hours of receipt of all required information from Client. However, Client acknowledges that actual processing times may vary depending on the jurisdiction, volume, completeness of the information provided, and the complexity of the request.

4.2 Expedited Services. Expedited processing may be available upon Client’s request and subject to Provider’s capacity. Additional fees shall apply for expedited services, which will be $75, per subpoena.

4.3 Third-Party Compliance Disclaimer. Provider shall exercise reasonable care and diligence in preparing subpoena-related documents; however, Provider does not and cannot guarantee compliance, response, or performance by third-party recipients of subpoenas, including but not limited to opposing parties, records custodians, or service agents. Provider shall not be liable for any refusal to comply, delays in response, or objections raised by third parties following service of a subpoena.

4.4 Force Majeure and System Delays. Provider shall not be liable for delays in processing or performance caused by circumstances beyond its reasonable control, including but not limited to court closures, legal holidays, system outages, internet disruptions, changes in procedural rules, or other force majeure events.

5. Communication & Notifications

Client consents to receive communications from Provider via email, text message (SMS), or other electronic means for purposes related to the fulfillment of subpoena services. Such communications may include, but are not limited to: confirmation of receipt, status updates, completion notices, requests for missing or clarifying information, and notification of any issues requiring Client’s attention.

Client acknowledges that timely communication is essential to the effective processing of subpoena requests and agrees to monitor and respond to such notifications in a commercially reasonable timeframe. Provider shall not be liable for any delays, errors, or missed deadlines resulting from Client’s failure to review or respond to communications in a timely manner.

6. Limitation of Liability

Provider shall not be liable for any court rejections, adverse rulings, sanctions, or refusals by third parties to comply with subpoenas prepared or processed under this Agreement. Client acknowledges that such outcomes are outside Provider’s control and may occur despite proper formatting, service, or procedural compliance.

To the fullest extent permitted by law, the total cumulative liability of Provider for any and all claims, losses, or damages arising out of or related to the services provided under this Agreement—whether in contract, tort, or otherwise—shall not exceed the total amount paid by Client for the specific subpoena service giving rise to the claim.

In no event shall Provider be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

7. Confidentiality & Data Protection

Provider agrees to maintain the confidentiality of all Client information received in connection with subpoena services and to implement commercially reasonable administrative, technical, and physical safeguards designed to protect such information from unauthorized access, disclosure, or misuse.

While Provider takes data security seriously and follows industry-standard protocols, Client acknowledges that no system is immune from external threats. Accordingly, Provider shall not be liable for any data breach, loss, or compromise caused by third parties, including but not limited to email providers, cloud storage vendors, or other external systems outside Provider’s direct control.

8. Modifications & Updates

Provider reserves the right to modify, amend, or update these Terms and Conditions at any time in its sole discretion. Any such changes shall become effective upon posting the updated version to Provider’s official website or upon written notice to Client, whichever occurs first. Client is responsible for reviewing the most current version of the Terms and Conditions, which will be made readily available on Provider’s website.

Continued use of Provider’s services following any modification shall constitute Client’s acceptance of the revised Terms and Conditions.

9. Expiration of Service Packages

All subpoena service packages purchased under this Agreement shall expire twelve (12) months from the date of purchase, unless otherwise agreed to in writing by Provider. Any unused services remaining after the expiration date shall be forfeited and are non-refundable.

Provider will make reasonable efforts to notify Client via email and/or text message as the expiration date approaches to encourage timely use of the remaining services. However, it is ultimately the Client’s responsibility to track and utilize all purchased services within the applicable period.

10. Authorized Role of Provider

Client acknowledges and agrees that Provider, acting as an independent subcontractor and outsourced paralegal service, is authorized to perform administrative support related solely to subpoena preparation, processing, and follow-up communications.

As part of this engagement, Client grants Provider limited authority to initiate communications and make follow-up inquiries on Client’s behalf strictly in connection with the status, fulfillment, or compliance of subpoenas issued by or for Client. This includes, but is not limited to, contacting third-party records custodians, service of process providers, and similar entities for purposes of clarification, coordination, or document retrieval.

Provider shall not engage in any communications, negotiations, or representations outside the subpoena context unless separately and expressly authorized in writing by Client. Nothing in this Agreement shall be construed to establish an attorney-client relationship between Provider and any third party or to authorize Provider to provide legal advice, appear in court, or act as Client’s agent for any purpose beyond what is described herein.

11. Dispute Resolution

In the event of any dispute, claim, or disagreement arising out of or relating to this Agreement or the services provided hereunder, the parties agree to first attempt to resolve the matter through good-faith mediation. Mediation shall be conducted by a mutually agreed-upon neutral third party.

If the dispute is not resolved through mediation within thirty (30) days of written notice requesting mediation, either party may then submit the matter to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Nothing in this section shall prevent either party from seeking temporary or emergency injunctive relief where appropriate.

12. Payment Terms for Post-Service Invoicing

For services billed after completion—such as process serving, forensic record retrieval, or exhibit preparation—Client agrees to remit full payment within thirty (30) calendar days from the date of invoice. Invoices will be issued promptly upon completion of the applicable service.

Any invoice not paid in full within the thirty-day period shall be considered past due. A late fee of ten percent (10%) of the total outstanding balance shall accrue per day until payment is received in full, unless otherwise agreed to in writing by Provider.

Client acknowledges that failure to remit timely payment may result in suspension of services and/or referral to collections, at Provider’s discretion. Client further agrees to be responsible for any reasonable costs of collection, including attorney’s fees, if applicable.