1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and SimpleNTO ("we," "us," or "our"), governing your access to and use of the website located at www.simplento.com (the "Website") and all related document preparation and mailing services (collectively, the "Service").
By accessing our Website, creating an account, or purchasing our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our Website or Service.
If you are using the Service on behalf of a business, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to that entity.
2. Description of Service
2.1 What We Do
SimpleNTO is a document preparation service. For a flat fee of $59 per filing, we provide the following:
- • Preparation of a Notice to Owner ("NTO") document in compliance with Florida Statute 713.06 based on the information you provide
- • Research of property owner information through publicly available county records, when necessary
- • Printing and mailing of your NTO via USPS Certified Mail to all recipients required by Florida law, which may include the property owner, the general contractor, and other applicable parties
- • Proof of mailing and delivery confirmation provided to you via email
2.2 What We Are Not
SimpleNTO is NOT a law firm, and we do NOT provide legal advice, legal representation, or legal opinions. No attorney-client relationship is created by your use of our Service. Our employees and representatives are not attorneys, and nothing they communicate to you should be construed as legal advice.
We do not determine whether you are legally required to file a Notice to Owner, whether your NTO deadline has passed, whether the information you provide is legally sufficient, or whether filing an NTO is the appropriate course of action for your situation. For legal advice regarding your specific circumstances, you should consult a licensed Florida construction attorney.
2.3 Scope Limitation
Our Service is limited to the preparation and mailing of Notices to Owner under Florida Statute 713.06. We do not prepare or file construction liens, lien releases, bond claims, payment affidavits, or any other legal documents. We do not provide services outside the State of Florida.
3. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Service. By using our Service, you represent and warrant that you meet these requirements. You further represent that the information you provide is for a legitimate construction project in the State of Florida and that you have a good-faith basis for filing a Notice to Owner.
4. Account Registration
To use our Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately at support@simpleNTO.com if you become aware of any unauthorized access to or use of your account. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, outdated, or incomplete, or if we reasonably believe your account has been compromised.
5. Your Responsibilities
5.1 Accuracy of Information
You are solely responsible for the accuracy, completeness, and timeliness of all information you provide to us for the preparation of your Notice to Owner. This includes, but is not limited to, your name and contact information, the name and address of the property owner (if known), the name and address of the general contractor, the project address and description, the date you first furnished labor, services, or materials, and a description of the labor, services, or materials you furnished.
We prepare your NTO based on the information you provide. We do not independently verify the accuracy of the information you submit (other than property owner research through public records when you request or require this service). Errors, omissions, or inaccuracies in the information you provide may result in a defective NTO that fails to protect your lien rights.
5.2 Deadline Awareness
Under Florida Statute 713.06, a Notice to Owner must be served within 45 days of the date you first furnish labor, services, or materials to a construction project. You are solely responsible for determining your applicable deadline and for submitting your filing request with sufficient time for us to prepare and mail your NTO before that deadline expires. We strongly recommend submitting your filing request at least five (5) business days before your deadline to allow adequate time for preparation and mailing.
We are not responsible for missed deadlines resulting from late submissions, incorrect start dates provided by you, delays in postal delivery by USPS, or any other circumstances beyond our reasonable control.
5.3 Prohibited Uses
You agree not to use our Service for any fraudulent, unlawful, or deceptive purpose, to submit false or misleading information, to file a Notice to Owner for a project on which you did not actually furnish labor, services, or materials, to interfere with or disrupt the integrity or performance of our Website or Service, to attempt to gain unauthorized access to our systems, or to violate any applicable federal, state, or local law.
6. Fees and Payment
6.1 Pricing
The current fee for our NTO filing service is $59 per filing. This fee covers document preparation, property owner research, printing, USPS Certified Mail delivery to all required recipients, and delivery confirmation. There are no subscriptions, monthly fees, or hidden charges.
We reserve the right to change our pricing at any time. Any price changes will be posted on our Website and will apply to filings submitted after the effective date of the change. Price changes will not affect filings that have already been submitted and paid for.
6.2 Payment
Payment is due in full at the time you submit your filing request. We accept payment methods as displayed on our Website at the time of purchase. All payments are processed by our third-party payment processor. By providing your payment information, you authorize us to charge the applicable fee.
6.3 Refund Policy
Because our Service involves the preparation and physical mailing of legal documents, refund eligibility depends on the status of your filing at the time of your request:
Before preparation begins: If you request a cancellation before we have begun preparing your NTO, you are entitled to a full refund of the $59 filing fee.
After preparation but before mailing: If your NTO has been prepared but not yet mailed, you may cancel and receive a refund minus a $15 document preparation fee.
After mailing: Once your NTO has been delivered to USPS for mailing, no refund is available. Certified Mail cannot be recalled once it has entered the postal system.
To request a cancellation or refund, contact us immediately at support@simpleNTO.com. Refunds will be processed to the original payment method within ten (10) business days.
6.4 Failed or Returned Mail
If a certified mailing is returned by USPS as undeliverable (for example, due to an incorrect address), we will notify you and make reasonable efforts to obtain a corrected address. If a re-mailing is necessary due to an error in the information you provided, an additional mailing fee may apply. If the return is due to an error on our part, we will re-mail at no additional charge.
7. Service Delivery
7.1 Processing Time
We aim to prepare and deliver your NTO to USPS for mailing within two (2) business days of receiving your completed filing request and payment. Processing times may be longer during periods of high volume. This timeline does not include USPS delivery time, which is outside our control.
7.2 Delivery Confirmation
We provide proof of mailing for each NTO sent via USPS Certified Mail. Delivery confirmation is provided as tracking information becomes available from USPS. We are not responsible for USPS delivery delays, lost mail, or discrepancies in USPS tracking data.
7.3 Document Retention
We retain copies of your filed NTO and associated mailing records for a commercially reasonable period to support your potential legal needs. However, we are not a records storage service, and you should not rely on SimpleNTO as your sole source for NTO documentation. You are strongly encouraged to download and save copies of your filed Notice to Owner, proof of mailing, and delivery confirmation for your own records immediately upon receipt. We are not responsible for maintaining permanent access to your documents, and we reserve the right to delete records after the applicable retention period. You acknowledge that the failure to maintain your own copies of your NTO filing records is solely your responsibility.
8. Intellectual Property
All content on our Website, including but not limited to text, graphics, logos, images, software, and the overall design and layout, is the property of SimpleNTO or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.
"SimpleNTO" and the SimpleNTO logo are trademarks of SimpleNTO. You may not use our trademarks without our prior written consent.
You are granted a limited, non-exclusive, non-transferable license to access and use our Website for its intended purpose. This license does not include the right to copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content on our Website without our prior written permission.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- The Service will meet your specific requirements or expectations
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from the use of the Service will be accurate, reliable, or complete
- Any NTO prepared by us will be legally sufficient to protect your lien rights in all circumstances
- Filing an NTO is the appropriate legal action for your situation
YOU ACKNOWLEDGE THAT WE ARE A DOCUMENT PREPARATION SERVICE AND NOT A LAW FIRM. WE DO NOT GUARANTEE ANY PARTICULAR LEGAL OUTCOME. THE LEGAL SUFFICIENCY OF YOUR NTO DEPENDS ON FACTORS BEYOND OUR CONTROL, INCLUDING THE ACCURACY OF THE INFORMATION YOU PROVIDE, COMPLIANCE WITH APPLICABLE DEADLINES, AND THE SPECIFIC FACTS OF YOUR SITUATION.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLENTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC FILING GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Indemnification
You agree to indemnify, defend, and hold harmless SimpleNTO, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, the information you provide for your NTO filing, any claim that your NTO filing was inaccurate, untimely, or legally insufficient due to information or instructions you provided, or your violation of any applicable law or regulation.
12. Dispute Resolution
12.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@simpleNTO.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written notice.
12.2 Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in St. Johns, Florida, and you consent to the personal jurisdiction of such courts.
12.3 Waiver of Class Action
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SIMPLENTO.
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us at support@simpleNTO.com. Termination of your account does not entitle you to a refund of any fees already paid for filings that have been submitted. We will retain your filing records in accordance with our data retention policy described in our Privacy Policy.
13.2 Termination by Us
We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 9, 10, 11, 12, and 13.
14. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or orders, USPS service disruptions or delays, postal strikes, power outages, internet service interruptions, or failures of third-party service providers. In the event of a force majeure event, we will make commercially reasonable efforts to resume performance as soon as practicable.
15. Electronic Communications
By creating an account or using our Service, you consent to receive electronic communications from us, including order confirmations, filing status updates, delivery notifications, and service-related announcements. These transactional communications are a necessary part of our Service and cannot be opted out of while your account remains active. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and SimpleNTO regarding the use of our Service and supersede all prior agreements, understandings, representations, and warranties, both written and oral, regarding the same subject matter.
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision.
16.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SimpleNTO.
16.4 Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
16.5 Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
16.6 Modifications
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of these Terms and, where required by law, provide you with additional notice. Your continued use of our Service after any modifications to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Service.
17. Contact Information
If you have any questions about these Terms of Service, please contact us at:
SimpleNTO
Email: hello@simpleNTO.com
Support: support@simpleNTO.com
Website: www.simplento.com/contact
