Document Delivery and Notary Services Independent Contractor Agreement

Transcription

1 Document Delivery and Notary Services Independent Contractor Agreement Notaries 24-7 and the undersigned, (hereafter called Notary) hereby enter into this independent contractor agreement whereby notaries 24-7 and Notary will provide loan document delivery and signing services to prospective document signers) for one or more escrow, mortgage lending, title or other miscellaneous companies. Notary as an independent contractor will deliver said documents to the prospective borrower, and perform the notorial services associated with the execution of such documents and deliver said documents according to the instructions of Notaries The parties agree to the following: This agreement shall become effective as of the date set forth at the bottom of this contract, Notaries 24-7 will utilize Notary s services, in the sole discretion of Notaries 24-7, to deliver loan escrow and/or legal documents to prospective document signer(s), to obtain the signatures of the prospective document signer(s) on said documents (placing notary seals as required by law or as per the instruction of Notaries 24-7 or the prospective lender, or title company as applicable), and to return the signed documents at the instruction of the prospective lender, title company, or Notaries Notary shall have full discretion to accomplish these tasks in the manner in which Notary deems appropriate, except with respect to any deadlines specified by Notaries 24-7 or its customers as set forth in the instruction accompanying the documents on which signatures are to be obtained. That upon receiving and accepting a assignment from Notaries 24-7 to obtain signatures on documents, Notary agrees to deliver documents in a timely and professional manner, obtain the signature(s) on all documents according to the instructions received by Notary and place the notary seals as it relates to their individual State Notary laws. Notary shall advise Notaries 24-7 of any inability or failure to complete the assignment as per instructions received by Notary immediately upon such inability or failure to complete the assignment.

2 Notaries 24-7 will take full responsibility for follow-up on payment of any outstanding invoices. Notary agrees that any payment questions Notary has are to be directed to Notaries 24-7 and to customers of Notaries Notary represents and warrants that their notary license is current. Notary takes full responsibility for keeping their Notary license current at all times in order to be eligible to receive assignments from Notaries Notaries carrying errors and omissions liability insurance coverage shall keep current records of same on file with Notaries 24-7 at all times. Notary shall also carry not less than the statutory minimum in bond coverage and shall keep same in force and effect at all times. Notary shall bear all costs of these policies and any other items as required by the state licensing body for a valid Notary license. Furthermore, Notary agrees to take responsibility and keep Notaries 24-7 out of any and all claims arising from any negligent acts or omissions made by Notary. Notary understands that Notaries 24-7 does not function in any manner as an employer of Notary. The Notary is acting in the capacity of Independent Contractor. It is also the Notary s responsibility to pay or withhold all applicable employment taxes, city, county, state and federal taxes that might arise from their self-employment, Notary acknowledges that by entering into this agreement it will be necessary for Notaries 24-7 to share with Notary the names, addresses, name of contracts within companies, and other identifying information of the customers with whom Notaries 24-7 does business, Notary acknowledges that said information constitutes the trade secrets of Notaries Notary acknowledges that he or she shall not interfere with, directly or indirectly, disrupt or attempt to disrupt the relationship, contractual or otherwise, between Notaries 24-7 nor shall Notary turn any matter or information as it relates to the identity of its customers, marketing or operations of Notaries 24-7 over to any other party. Notary further agrees that Notary will not make use of said information to conduct a competing business. Notary understands that directly or indirectly soliciting business from sources of business given to them by Notaries 24-7 or breaching any provision of this Agreement is cause for immediate termination for the receipt of assignments from Notaries 24-7 and may subject Notary to legal action by Notaries 24-7 to protect the trade secrets of Notaries 24-7 and/or recover damages. Notary agrees to supply all office equipment, automobiles, and insurances or other physical items needed for Notary to perform their duties. Notary shall bear all costs of these items.

3 Payment to Notary will be made as follows: Checks will be mailed out to the notary as we receive the check from the escrow company. Notary must keep a record of all signings made during a billing cycle. Notary must contract Notaries 24-7 immediately, if Notary feels they were not paid for a signing. Notaries 24-7 reserve the right to modify or change when payments to Notary are to be made at any time during the length of the contract. This agreement shall be enforced to the fullest extent and shall be construed pursuant to the laws of the State of California. If any particular portion of this agreement is not adhered to then the contract and the Notary will be terminated from Notaries This agreement shall be binding upon and in sure to the benefit the parties, their successors, assigns and personal representatives. Should any action or proceeding be commenced to enforce the terms of the agreement and/or to recover damages, the prevailing party shall be entitled to its costs including attorney s fees. Date: Signed: (Notary Signature) Printed: (Notary name printed)

4 Summary of Contract I understand that this is not an application for employment. I understand that Notaries 24-7 does not function in any manner as an employer of Notary. I agree that I will act in the capacity of Independent Contractor as the decision to accept or decline the one-time act of document signing rests solely upon me. I further understand that I have full discretion as to the manner in which the instructions given to me by Notaries 24-7 are to be accomplished except to deadlines established by the customers of Notaries Further I understand it is my responsibility to pay all applicable employment taxes, city, county, state and federal taxes that might arise from my self-employment. I understand that this does not constitute an agreement by Notaries 24-7 to utilize my services for document signings. I understand that speed and accuracy are an important part of this document signing business. Any messages left by Notaries 24-7 for potential signings should in no way be construed as an agreement between Notaries 24-7 and Notary to actually do business. All signings must be confirmed verbally prior to acceptance. Date: Signed: (Notary Signature) Printed: (Notary name printed)

5 Frequently Asked Questions How much am I paid? All fees will be known at the time of assignment. Do I need to supply an invoice for work I have completed? No, invoices are not needed. Notaries 24-7 will put in writing the amount agreed upon at the bottom of the assignment form we fax or to you. When will I be paid? Checks will be sent out once we receive the check from the escrow or lender however not to exceed 60 days. Note: Amounts paid for each signing and times paid are subject to change. All notaries will be notified in advance of any changes. What happens if the borrowers don t show up? This should be rare. Communication is the key to keeping no-shows to a minimum. Please follow the procedure outlined below: 1. Verify that all borrowers will be present at the signing location at the appointed time. 2. Verify that all borrowers will have proper and current identification as required by law. 3. Provide the borrowers a way to contact you and/or Notaries 24-7 if they have to cancel the appointment. A cell phone is required. If you have taken all of the above precautions, and we can verify that the borrowers were not present at the appointed time, Notaries 24-7 will pay you $25.00 to make up for lost time and $25.00 for a print fee if applicable. Note: If the borrower cancels prior to you going out to the appointment, no fee is paid to notary. I have read and accept the above paragraph. Date: Signed: (Notary signature)

6 Printed: (Notary name printed Below is a check list of the items you will need to submit along with this Independent Contractors Agreement to obtain Notary Signings through Notaries 24-7, Please all required documents to info@notaries24-7.com or fax to IRS W9 Form 2. Independent Contractor Agreement 3. Copy of your current and Valid Drivers License 4. Copy of your current and valid errors and omissions insurance 5. Copy of your current and valid Notary Bond 6. Copy of your current Notary Commission Thank you and welcome to Notaries 24-7, Inc.