SunRay Construction Solutions, LLC
CONSTRUCTION FORMS FILING SERVICE CREDIT AGREEMENT AND TERMS AND CONDITIONS
1. Request for Services. Sunray Construction Solutions, LLC (herein also referred to as “Sunray”) will prepare notices/claims upon either an on-line request submission or by a written “request form” from the customer or an authorized agent. Written requests may be subject to a Data Entry fee per notice if electing not to use the on-line interface.
2. Timeliness of Services. Sunray will attempt to timely serve, send, deliver and record the notices and other construction forms as required. Customer acknowledges that Sunray does not guarantee or warrant the timeliness of such service, delivery or recording.
3. No Warranty. The service of construction forms filing is designed to provide accurate and timely preparation and service of preliminary notices and related claims based on information provided by Customer. Reasonable efforts will be made to verify the information based on the information provided by Customer. Accordingly, no guaranty or warranty is made as to accuracy of the information provided.
4. Scope of Services. Customer understands Sunray is not engaged in rendering legal or accounting advice. Customer understands that they should seek the services of a competent professional in such areas. Sunray and its services are not a substitutes for the advice of an attorney.
5. Sunray Appointed Agent. The customer appoints Sunray as its agent solely to execute preliminary notices and related documents.
6. Charges and Payments. Customer agrees to pay for any research, preparation and the cost of service as a result of its request for service of a Notice to Owner. In the event payment is not made within seven (7) days of the date of invoicing by SunRay Construction Solutions, LLC the applicant agrees to pay the maximum interest allowed by law from the invoice date, and all associated collections costs, including reasonable attorney’s fees. Customer authorizes Sunray to charge their credit card on file for all outstanding invoices and interest. Customer agrees to review all invoices upon receipt and notify Sunray in writing of any errors, discrepancies or disputes within seven (7) days of mailing (either electronic or otherwise).
7. LIMITATION OF LIABILITY AND HOLD HARMLESS. SUNRAY SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL SUNRAY’S CUMULATIVE LIABILITY TO CUSTOMER HEREUNDER INCLUDING AS A RESULT OF SUNRAY’S OWN NEGLIGENCE, BREACH, ERROR, OR VIOLATION, STATUTORY OR OTHERWISE, EXCEED SUNRAY’S CHARGES FOR THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM PLUS TWO HUNDRED FIFTY ($250.00) DOLLARS. SUNRAY MAY DISCHARGE ANY AND ALL LIABILITY BY THE PAYMENT TO CUSTOMER OF SAID AMOUNT OR $250. CUSTOMER AGREES TO THIS AS ITS EXCLUSIVE REMEDY. CUSTOMER AGREES TO INDEMNIFY AND HOLD SUNRAY AND ITS EMPLOYEES HARMLESS FROM ALL CLAIMS INCLUDING CLAIMS BY THIRD PARTIES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES), AS A RESULT OF ANY ACTION TAKEN BY SUNRAY AT THE REQUEST OF THE CUSTOMER, AND/OR ARISING OUT OF THE SERVICES PROVIDED BY SUNRAY FOR THE CUSTOMER, INCLUDING THOSE BASED IN WHOLE OR IN PART ON SUNRAY’S OWN NEGLIGENCE.
8. Governing Law; Jurisdiction. The Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without regards to the conflicts of law principals of Florida. The parties hereby agree that venue of any action under this Agreement shall be exclusively in the State Courts of Broward County, Florida. By executing this Agreement, Customer hereby consents to and submits to the jurisdiction of the state courts of Broward County, Florida.
9. Severability. In the event that any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction, to be illegal, invalid, or unenforceable, the remainder of this Agreement will continue in full force and effect and the illegal, invalid or unenforceable provision is modified to give effect to the original intent consistent with being valid and enforceable under applicable law.
10. SERVICES. FOR FILINGS, YOU AGREE THAT SUNRAY IS NOT RESPONSIBLE FOR ANY DELAY IN FILING AS A RESULT OF DELAYS AND ERRORS OF THE UNITED STATES POSTAL SERVICE, COURIER, UPS, FEDEX, SUNRAY, AND/OR ANY OTHER SIMILAR DELIVERY METHOD, NOR IS THE SUNRAY RESPONSIBLE FOR THE RECORDING OFFICE’S ERRORS, MISTAKES, BACKLOG, DECISION ON WHETHER OR NOT TO FILE, AND/OR ANY OTHER DELAYS BY THE RECORDING OFFICE WHATSOEVER. FOR OTHER DOCUMENTS THAT ARE NOT FILED, YOU AGREE THE SUNRAY IS NOT RESPONSIBLE FOR ANY DELAY IN DELIVERING AS A RESULT OF ANY DELAYS AND ERRORS OF THE UNITED STATES POSTAL SERVICE, COURIER, UPS, FEDEX AND/OR ANY OTHER SIMILAR DELIVERY METHOD, NOR IS THE SUNRAY RESPONSIBLE FOR ANY PARTY’S REFUSAL TO ACCEPT DELIVERY OF ANY DOCUMENTS. CUSTOMER SHALL PROVIDE SUNRAY ALL NECESSARY AND REQUESTED DOCUMENTS, INFORMATION, BACKUP AND SIGNATURES AT LEAST 10 BUSINESS DAYS PRIOR TO ANY APPLICABLE DEADLINE RELATED TO ANY NOTICE, LIEN, BOND CLAIMS, OR OTHER DOCUMENT CUSTOMER IS REQUESTING FROM SUNRAY.
11. Termination. SunRay has the unilateral right, at any time, for any reason, or no reason, to cancel this agreement and the relationship of the parties. SunRay shall provide Customer written notice of such termination and Customer will have no further access to the SunRay system or any documents or information within the system. At SunRay’s discretion, Sunray may grant post-termination access to the system or specific information or documents for the following fees: (i) the greater of $50 per document or $150/hour for SunRay to search for, obtain, and transmit documents stored in the Sunray system, and (ii) for use of only the Sunray waivers and release portion of the system for a monthly fee of $5,000 paid a month in advance. Sunray may request a deposit for any and all amounts.
12. Entire Agreement. This contract consists of the entire agreement of the parties. Any representation, prior oral or written terms shall be superseded by this agreement and have no force or effect. No modification of this agreement or waiver of any terms shall be binding unless in writing signed by the authorized agents of both parties.
Under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Agreement and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when: (1) ISO or User’s electronic signature is associated with the Agreement and related documents, (2) ISO or User consents and intend to be bound by the Agreement and related documents, and (3) the Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record). When accepted in electronic form, this Agreement and all related electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept” or “I Agree”, ISO or User, as the case may be, agrees: (i) that the Agreement and related documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of this Agreement and related documents, and (iii) that it has had the ability to print or otherwise store the Agreement and related documents.
SunRay Constructions Solutions, LLC ("SunRay") are not attorneys. We do not provide legal advice or legal services. Our services are limited to property research, (Notice to Owner/Notice to Contractor, Preliminary notices), and property research and recording.
The preparation of a claim of lien should be reviewed by an attorney.
If you do not have an attorney, SunRay will submit your request for a claim to an attorney to prepare your claim of lien. The attorney who prepares your lien will be hired by you for the limited purpose of preparing your claim of lien, and all legal fees for such preparation will be paid directly to the attorney for commercial and development liens. We forward your request to Steven Fine, P.A.
If you want to request a claim of lien, please complete the attached Lien Request Processing Form and return it to SunRay with two checks. One check made payable to SunRay Construction Solutions, LLC and one check made out to Steven Fine, P.A. (or complete the credit card portion on the Lien Request Processing Form on page 2. $285.00 to SunRay (subject to change based on actual recording fees), plus a check for $45.00 payable to Steven Fine, P.A.). If you choose to have your attorney prepare the claim of lien, then the fee of $285.00 is for the property research and recording.
WARNING: Your Construction Lien Request should be submitted at least 10 business days prior to the deadline. No request will be processed if received by SunRay less than 48 hours before the 90th day.