NATIONAL EQUITY SETTLEMENT SERVICES, INC.
DBA Notary Assurance, Inc.
This Agreement is entered by and between, Notary Signing Agent an individual referred to as "Contractor," and National Equity Settlement Services, Inc. DBA Notary Assurance, Inc. (“SIGNING COMPANY”).
SIGNING COMPANY and Contractor agree as follows:
1. Statement of Work
Contractor is retained as an outside independent contractor for purposes of witnessing and/or notarizing signatures for loan documents. Contractor shall be responsible for providing all tools and materials required for performance of the tasks agreed to.
Contractor agrees to provide notary services to SIGNING COMPANY from the date of this agreement until terminated pursuant to the terms of this agreement. Contractor agrees that a $10.95 annual fee will be required for said contractor to remain in “SIGNING COMPANY” database on an annual basis.
For all services performed by Contractor, SIGNING COMPANY shall pay Contractor pursuant to a mutually agreeable fee schedule.
Contractor shall maintain workman’s compensation insurance in accordance with applicable state and federal laws when employing other employees. Contractor shall maintain professional liability and/or errors and omissions insurance of at least $10,000.00 per claim. In addition, Contractor shall maintain comprehensive general and vehicular insurance for claims of damages of bodily injury (including death) and property damage caused by or arising out of acts or omissions of its employees.
A) Contractor agrees to defend, indemnify and hold harmless SIGNING COMPANY and its employees and agents from any and all claims, including the costs, expenses and reasonable attorney’s fees incurred on account thereof, that shall be made for bodily injury or damage to property occasioned by the acts or omissions of Independent Contractor.
B) Contractor shall be responsible for any loss of or damage to property owned by SIGNING COMPANY and in Contractor’s possession or control.
6. Entire Agreement
This Agreement constitutes the entire agreement between SIGNING COMPANY, Inc. and Contractor with respect to the subject matter hereof, and shall not be amended or modified except by written amendment signed by both parties. No oral statement of any persons shall modify of effect the terms and provisions of this Agreement.
Either party to this Agreement may terminate this Agreement for any reason with or without notice.
In the event of termination of this Agreement, SIGNING COMPANY Services shall pay Contractor fees for work performed prior to termination of this agreement upon such date as such fee would otherwise be payable.
Contractor acknowledges that during the course of this Agreement, he/she will receive and have access to Confidential Information. This information is highly sensitive, and is unique work product of the business. The disclosure of such Confidential Information would cause incalculable and irreparable damage to SIGNING COMPANY and their clients. As such, Contractor agrees not to disclose and/or use at anytime during or after the term of this Agreement an proprietary or confidential information of SIGNING COMPANY and SIGNING COMPANY’s clients, including, without limitation, those relating to: (a) the business, conduct, or operations of SIGNING COMPANY, or any of respective clients, customers, consultants, or licensees; (b) any methods, ways of doing business, used in the sale, use of marketing of the other’s products and/or services, or (c) any of SIGNING COMPANY’s client list, pricing information or policies.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
10. Successors and Assigns
This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. Contractor shall not have the right to assign any of his/her rights, duties or obligations under this agreement without the prior written consent of SIGNING COMPANY.
In the event any lawsuit or other legal claim is brought by Contractor against SIGNING COMPANY, the venue for such proceedings shall be the courts of Maricopa County, Arizona.
12. Attorney Fees
In the event litigation is commenced to enforce any of the terms of this Agreement, the prevailing party shall be entitled to its reasonable attorney fees and costs.
This Agreement shall be governed by and interpreted pursuant to the laws of the State of Arizona.
IN WITNESS WHEREOF, the partied hereto have caused this agreement to be executed by their duly authorized representatives.
We expect our notaries to act and dress in a professional manner at all times. Unprofessional attire, conduct, or attitude will result in an end of our contractor agreement.
We will also be tracking the performance of our notaries. Notaries that make mistakes and do not perform their jobs with patience and accuracy will be put on probation or possibly removed from our database without refund. This will allow more signing appointments to be given to notaries who perform error free signings. We are very proud of our notaries and want to make sure that all notaries associated with our company are the best.
2. Accepting Signings
When a document signing is needed, a SIGNING COMPANY Representative will contact you by phone or e-mail. It is entirely your decision as to how far to travel and what signings to accept and decline. Make sure the signings you accept are within your limitations. Do not accept an appointment unless you are positive you can keep it. When you accept an assignment, SIGNING COMPANY sends a work order via fax and/or email. If you do not receive your work order it is your responsibility to notify a SIGNING COMPANY Representative to obtain it.
We expect you to contact the borrower as soon as possible after receiving the faxed and/or emailed work order, unless we tell you otherwise. Make sure to verify the appointment date and time, address, and any special circumstance or instruction(s) the signing may entail. You will also advise the borrower that they will need a valid ID at the time of the signing. If you cannot reach the borrower, or have a wrong telephone number call a SIGNING COMPANY immediately for SIGNING COMPANY assistance. Keep SIGNING COMPANY informed at all times of the signing status and of any changes in the appointment day or time. Please note that neither you nor the borrower can change the appointment day or time without calling us for lender approval.
If there are special requirements for your state, such as witnesses required, spousal signatures, insurance requirements, etc. you as the mobile notary for your state are expected to know what those requirements are and will be expected to meet those requirements.
••••NEVER give a work order SIGNING COMPANY assigned to you to another notary to take care of without getting permission from a SIGNING COMPANY Representative.••••
If you accept a work order, the documents should arrive the day of the signing, but this can vary with each client. If you do not receive the package to ensure you will have sufficient time to print the documents and make it to your appointment contact us immediately and we will track the package for you. Occasionally the client will send them directly to the borrower without informing us.
3. Running Late For Appointment
Appointments are scheduled by the client at the borrower’s convenience. We are here to accommodate the customer and provide services at their request. Also, please do not reschedule signings when there is a set appointment time. If you are unable to meet a time, refuse the signing when it is offered.
4. Borrower No Show
Please contact a SIGNING COMPANY Representative immediately. If the signing is after hours and you cannot get hold of a SIGNING COMPANY Representative, then you must wait a minimum of 15 minutes at the place of your appointment in order to receive partial payment.
5. Borrower Copies
You are required to print out two sets of documents; one for the borrowers copy and the other being the originals to be signed.
6. Checking Dates on the Documents
Mortgage documentation is extremely date sensitive. Please be sure not to sign the documents before or after the appointment unless otherwise instructed.
7. Problems at the Signing Table
It is imperative that you contact our office if there is any problem signing the borrower(s) or if there is anything included in the document package, which you do not understand. Remember you are there to witness the borrower’s signatures only. NEVER give advice regarding the loan papers. If the borrower(s) ask for your opinion on any aspects of the loan, we expect you to refrain from giving an answer. We expect your response to be unbiased as you are an impartial party to the transaction.
If the terms of the loan are not what the borrower(s) expected follow the steps below:
1.) Check the documents or check with the borrower(s) to see if a phone number has been provided for the lender/broker. If so, have the borrower(s) call them immediately and try to work out the discrepancies so you can complete the signing without having to come back.
2.) If you are unable to reach anyone contact SIGNING COMPANY and we may be able to contact the lender for you during the signing if you cannot.
3.) Or you can notify the borrower of their "Right to Cancel". Give them the choice to go ahead and sign the documents and advise them that if they do not get the terms straightened out with the lender within the rescission period, they can cancel the loan.
4.) If the borrower(s) are uncomfortable with the above option, let them know that it is okay and that SIGNING COMPANY will follow up with the originating company as far as making corrections on the documents or rescheduling once the terms have been corrected. Please notify a SIGNING COMPANY Representative immediately if this occurs. Hold on to the original documents until instructed by a SIGNING COMPANY Representative as to what to do with them. It is okay to leave the borrower’s copy with them, but do not leave original loan documents with the borrower(s), unless the documents were delivered directly to the borrower(s).
8. Do Not Modify Documents
If there is an error on the documents such as an incorrect spelling of a name or an address is wrong please call SIGNING COMPANY immediately. A representative from SIGNING COMPANY will contact the broker/lender or escrow officer to make them aware of the error and to see if it is okay to alter the documents. Never use white out, colored ink, or staples! These actions will void the documents.
9. Reviewing Documents
Make sure the borrower(s) sign their name(s) EXACTLY as they appear on the documents. Check the documents thoroughly, before leaving any appointment. Remember accuracy the first time is of vital importance. There will typically be multiple documents that you must notarize. The exact type and number of documents will vary from lender to lender. It is your responsibility to review the documents to make sure that all appropriate documents are properly notarized. You will be responsible for any shipping charges necessary to correct documents that are not properly signed and notarized.
Only use BLUE ink unless otherwise instructed. When you stamp the documents, make sure that your seal is clear and not touching or overlapping anything. If you have any doubts, attach an All Purpose Acknowledgment. The recorder’s office can be extremely picky.
10. Returning Documents
You will receive approval the same day from SIGNING COMPANY Services to ship the documents to the lender. As a service to our client and the borrower, we ask that the documents be returned immediately after getting document approval from a representative of SIGNING COMPANY. If a self-addressed return envelope in not in your package, please call us.
11. Payment Policy
All questions pertaining to payment must be directed to the accounting department of SIGNING COMPANY. Under no circumstances should you contact the borrower(s), loan representative, escrow or title regarding your payment. You can email all accounting inquiries to firstname.lastname@example.org.
As a notary with SIGNING COMPANY, you will always receive payment for properly following SIGNING COMPANY and client instructions and guidelines. Such work includes (but is not restricted to):
• Appearing at the appointment on time and prepared
• Notifying “SIGNING COMPANY” with proper status
• Not giving customers advice about their documents
• Document approval from Quality Control
• Returning signed documents in a timely manner
We pay our notaries $75.00 per signing and $25 per refusal unless otherwise specified and arranged at the time of accepting the order. The notary fee is $100.00 for 2 loans at the same appointment time. You may not charge any additional fees unless approved in advanced by a representative of SIGNING COMPANY. If you make a mistake with the notarization of documents and/or do not get the proper signatures, you will be responsible for making the corrections FREE of charge. So please check and double check your work. You will bill SIGNING COMPANY directly. You do not bill the lender or the borrower directly. If you bill our client or send an invoice back with the documents you are subject to no payment for the signing. SIGNING COMPANY shall remit notaries payment between 30 to 45 days of said completion.
Notary agrees that any legal proceedings with SIGNING COMPANY Inc. for the collection of any balance(s) due under an assignment, the action shall be brought and tried solely in the courts of Maricopa County, Arizona.
These Terms constitute a binding agreement between You and SIGNING COMPANY, and is accepted by You upon working as an independent contractor with SIGNING COMPANY. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.