Every Notary who is registered and takes assignments from platform at notaryproject.com ("Notary") acknowledges and understands that he/she has agreed to provide Notaryproject ("Company") and Company's clients ("Clients") with independent notary services to conduct loan document signings and other notarial services. This is an independent contractor agreement and Notary acknowledges that he/she is not an employee of the Company and/or Clients for any purpose. As an independent contractor, he/she is not eligible for, and will not accrue or receive, any employee benefits including, but not limited to, insurance benefits, vacation, holidays and/or pension benefits. The Company and/or Clients maintain no worker's compensation insurance applicable to Notary. This agreement shall commence as of the date Notary creates and account on notaryproject.com, and shall have a term of one year. The agreement will automatically renew unless otherwise directed by either of the parties to this agreement. This agreement may be terminated by either party, for any reason, with 30 days prior written notice.
Notary agrees to be paid a flat fee per completed document signing. No taxes will be deducted from the check and Notary acknowledges that it is his/her sole responsibility to report and pay any taxes due as an independent contractor. Notary will not have set working hours. Notary will be responsible for confirming and attending appointments with the borrower(s) or signor(s). Notary will confirm appointments at least 24 hours in advance with borrower(s) or signor(s), unless agreed otherwise. Notary will not be paid for business or travel expenses, and will supply his/her own transportation and associated insurance.
Notary agrees to notify the Company and/or Client as to completion status of the signing immediately following the signing appointment in accordance to the instructions of the signing or other assignment.
In situations where additional appointments are required in loan signing projects due to Notary actions, Notary will not be paid by the Company and such appointments will be at his/her own expense.
Notary is responsible for express mailing documents that where a signature was missed by borrower, or any document not filled out properly by notary, including but not limited to clear notary seal, returning complete jurat(s) and acknowledgment(s) or complete Patriot Act forms.
Notary acknowledges that by entering into this agreement, it will be necessary for Company to share with Notary the names, addresses, contacts within companies, and other identifying information of the customers with whom Company does business.
Notary agrees to keep all personal documentation and information secure. Notary agrees to keep all documents in his/her possession and secure at all times until delivered to a FedEx or UPS office facility. Notary agrees to deliver documents to the overnight service provider office, and not deliver to an unmanaged drop box. Notary shall obtain receipt of delivery after drop off. Notary shall delete all electronically delivered documents after signing has closed from email server and computer hard drive. Notary shall shred all unsigned documents in their possession after signing has been completed or cancelled. Notary agrees to deliver electronically any requested signed documents in an encrypted and secure email format.
Notary further agrees that Notary will not make use of said information to conduct a competing business. Notary understands that directly soliciting business from sources of business given to the notary by Company or breaching any provision of this Agreement is cause for immediate cessation of eligibility for the receipt of assignments from Company and may subject Notary to legal action by Company to protect the trade secrets of Company and/or recover damages. All questions relating to the loan documents during the signing are to be immediately referred to the designated lender or loan agent referenced in the documents.
Notary acknowledges that he/she shall not interfere with, directly or indirectly, disrupt or attempt to disrupt the relationship, contractual or otherwise, between Company and any customer, client, supplier, consultant or other contractor to Company. Nor shall Notary turn any matter or information as it relates to the identity of its customers, marketing or operations of Company, over to any other competitive or potentially competitive services.
Any questions regarding the escrow or closing are to be directed to and answered by the designated escrow officer or closing agent. Notary must not provide any opinions as to the content of the loan documents, the funding process that may occur following the signing, render any legal advice to the borrower(s) or, render any tax advice to the borrower(s). Notary will be contacted to provide services by the Company, escrow officer, lender or signing scheduler. Notary agrees to be available to be contacted for services as reasonably requested by the Company. It is understood that Notary may decline any and all assignments, at his/her discretion.
Notary agrees to maintain at his/her sole expense all required licenses, permits, commissions, bonds and insurance applicable to Notaries Public. Notary acting as a signing agent shall maintain a current criminal background check certificate issued by NNA, issue no longer than one year earlier. Notary shall maintain comprehensive general liability and vehicular liability insurance for claims of bodily injury, including death, with limits at least equal to the minimum amount required by law, covering Notary in the course of performing Notary's duties under this Agreement.
Notary agrees to indemnify, defend, and hold the Company and Clients harmless from and against all claims, causes of action, losses, damages, fines, liabilities and expenses, including attorney fees arising out of or in connection with his/her performance of services pursuant to this Agreement. Damages shall be defined to include, but not be limited to, all damages that the Company may incur as a result of Notary's loss of loan documents. Further, Notary agrees to conduct all notarial acts in accordance with state, federal and/or local laws and/or regulations that may apply.
Notary agrees to comply with a business dress code. Notary agrees that wearing shorts, jeans, t-shirts, tank tops, sweatshirts, or sneakers is unacceptable. Notary agrees to appear presentable and businesslike at all signing appointments.
Compensation and method of payment
In consideration of the services to be performed by Notary, Company agrees to pay Notary the fees that were negotiated prior to scheduling the job/loan signing as long as each assignment undertaken and successfully completed pursuant to this Agreement. Notary will also receive, if applicable to any said assignment, an electronic delivery/e-mail print fee will be negotiated prior to the signing appointment.
To receive payment for services, said Contractor must report the signing status and completion to Company via the website (Notary Login section) no later 90 minutes following the signing appointment. Failure to comply and notify Company of the status of all assignments may result in a reduction or forfeiture of any prior agreed upon fees.
Payments will be processed within 30 days of the job completion, depending on the date you submit the status. Should funding of the file be delayed by the Client to Company, the Notary's payment will be scheduled for the following processing date. If processing dates fall on a weekend or holiday, processing shall commence the following business day.
This Agreement constitutes the entire agreement between Notary Project and Contractor with respect to the subject matter hereof, and supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Notary for Notary Project and contains all of the representations, covenants, and agreements between the parties with respect to the rendering of those services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by the party to be charged. This Agreement will be governed by and interpreted pursuant to the laws of the State of Ohio.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. In addition this Agreement shall inure to the benefit of the successors and/or assigns of Notary Project.
If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.