Terms of Service

TERMS AND CONDITIONS OF INDEPENDENT CONTRACTOR AGREEMENT

Welcome to Notaries 24-7 Inc.

Accounting Questions: All payments are made by paper check mailed via USPS. If you have any questions regarding your payments please reach out to AP@notaries247.com
Please note that all responses will be within 24 hours on business days, unless the request is being made in reference to more than 5 orders. You must agree to the following Terms and Conditions of this independent contractor agreement (“Agreement”) before receiving mobile notary orders from Notaries 24-7, and before using the Notaries 24-7 website (“Site”). By using our Services you are agreeing to become bound by these terms of our Service. This is a legally binding agreement. If you do not agree with these terms, you should not use the Notaries 24-7 website, you may not receive mobile notary dispatch orders from Notaries 24-7, you may not perform any work for Notaries 24-7 (“Services”), and you should request termination of any account you may have with Notaries 24-7.

This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site and the Services, the services provided by or through the Site or otherwise through Notaries 24-7, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

  1. Notaries 24-7
  1. Notaries 24-7 is a nationwide signing service. We operate in all 50 states and the US territories and have well over 45,000 Notaries who provide fast, professional, and courteous service to signers needing to have their various documents signed/notarized.
  1. Engagement
  1. Notaries 24-7 hereby engages you, and you hereby accept such engagement, subject to the terms and conditions set forth in this Agreement, to perform mobile notary signing services on behalf of and for Notaries 24-7 (the “Services”).
  1. Compensation
  1. In consideration of your performance of the Services as provided herein, Notaries 24-7 agrees to pay you the amount specified and arranged at the time of accepting the order from Notaries 24-7.
  2. If a particular signing requires you to make more than one trip for any issue that is not the result of notary error, you will be paid per trip; however, any additional trips MUST be authorized by a Notaries 24-7 representative, or you will not be compensated for such additional trip. Any negotiations or promises for fees made by any person that is not an authorized employee of Notaries 24-7 will not be honored.
  3. In the event of a notary error you will be required to make any additional trips to correct the issue at your cost. Notaries 24-7 are not responsible for any fees, expenses or shipping costs that are accrued in service of completing this error. Depending on the error the notary may also have their fee reduced depending on the circumstance. In the event of a fee reduction notaries will be advised of this prior to the reduction in the Notaries 24-7 order website.
  4. All payments are made by paper check mailed via USPS. Payment for all signings are payable 45 days from the date signing EXCLUDING Sundays and Holidays. If the signing cancels or is rescheduled and no documents have been printed, then there will not be a fee paid to notary. If the signing cancels prior to notary going to meet with the borrower and notary has printed documents, then NOTARIES 24-7 will pay a print fee. If the signing cancels during the closing, then notary acknowledges that NOTARIES 24-7 is not required to pay full fee, but a trip fee will be paid to the notary. QUESTIONS on payment, please email AP@Notaries247.com.
  5. Notaries are responsible to ensure their most current mailing address is updated on the notary profile on the website. Any notary who requests for address change will be advised to update their notary profile prior to any change being made within the AP systems.
  6. The notary is NEVER to contact the signer or the Notaries 24-7 client regarding payment. All payment inquiries are to be directed solely to our Accounts Payable department that can be reached by email at AP@notaries247, by phone at 800-807-1260 ext 4 or within the order on the website. All payments will come from Notaries 24-7 Inc and notaties must never accept payment
  7. If you earn over $600 per year, or any future minimum amount dictated by the IRS, then Notaries 24-7 will issue you a form 1099-NEC and report such income to the IRS.
  1. Expenses
  1. Notaries 24-7 shall not be responsible for any expenses you accrue in performing the Services. You shall be responsible for payment of all your business expenses, travel costs, and all taxes and license fees assessed by any governmental unit in order for you to perform the Services here under, and you shall be responsible for payment of all dues to any professional organization of which you are a member.
  1. Term and Termination
  1. This Agreement shall be effective and shall remain in full force and effect for a period of one (1) year unless earlier terminated as provided herein. After the initial term, if the Agreement has not been terminated, the Agreement shall automatically renew for consecutive one-year terms.
  2. Either party may terminate this Agreement at any time with written notice to the other party. Furthermore, Notaries 24-7 may terminate this Agreement at any time, for any reason or for no reason, by sending you notice of such termination.
  3. Upon termination or expiration of your engagement with Notaries 24-7 for any reason, you shall immediately return to Notaries 24-7 all documents, promotional materials, property and other records of Notaries 24-7, and all copies thereof, within your possession, custody or control.
  1. Responsibilities and Warranties

Your Responsibilities as a Notary for Notaries 24-7, and Your Warranties to Notaries 24-7.

  1. You are responsible for the use of your account by anyone using your account. You are responsible for insuring that any user of your account fully complies with the Terms & Conditions of this Service.
  2. You must be eighteen (18) years of age to use the service, and by agreeing to these terms and using the Service you hereby represent and warrant that you are at least eighteen years of age.
  3. You hereby warrant that you are a certified notary under the state of where you will be performing signings that comply with the minimum bond requirements of your state. All necessary bonds/certifications must be updated and uploaded into your notary profile.
  4. You must have a current background check uploaded into your notary profile.
  5. You must maintain a Bond or E&O insurance with minimum limits of $20,000 per instance and $20,000 aggregate.
  6. You agree to dispose of all documents, customer contact information, NPI (Non-Public Information), or any other such sensitive documents/ data in a secure and legally responsible manner.
  7. You must act and dress in a professional manner at all times. Unprofessional attire and attitude will not be tolerated. Unacceptable conduct and inadequate service may result in the termination of this Agreement.
  8. You agree to act only as a notary under this Agreement and not to give legal advice to customers. You acknowledge that you are there only to “witness” the signatures of the signers.
  9. You understand that Notaries 24-7 is the only institution from which you will receive payment. All questions regarding your fees and invoicing are not to be directed to the customers (i.e. the borrowers, loan representatives, lenders, etc.).
  10. You agree to schedule your appointments on the day required by the lender and follow Notaries 24-7 notary guidelines (our instructions as well as the rules that are included in every set of loan documents), which are incorporated herein by reference.
  11. You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the Notaries 24-7 website.
  12. You agree to inform Notaries 24-7 of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an I.D., or password. Until Notaries 24-7 is notified, by electronic or conventional mail, of a breach of security, you will remain liable for any unauthorized use of your Notaries 24-7 account.
  13. You agree to use Notaries 24-7 in a manner consistent with any and all applicable laws and regulations. You also agree not to use the Service to violate any rule or regulation at any educational institution.
  14. You acknowledge that under no circumstances will you upload any viruses, ActiveX or Java installers, or Internet Explorer Exploits into the website.
  15. You hereby agree that you will not delegate your responsibilities under this agreement to another person, under any circumstances. This agreement is not assignable in any way.
  16. If you violate the restrictions in these Terms & Conditions of Service, you agree to indemnify Notaries 24-7 for any losses, costs, or damages, including reasonable attorney’s fees incurred by Notaries 24-7 and relating to, or arising out of such a breach. You, not Notaries 24-7, are responsible for your behavior on the Notaries 24-7 website and at signings facilitated by Notaries 24-7.
  17. YOU UNDERSTAND AND ACKNOWLEDGE THAT NOTARIES 24-7 DOES NOT SCREEN CUSTOMERS IN ANY WAY. YOU UNDERSTAND THAT NOTARIES 24-7 SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE SERVICES RENDERED TO CUSTOMERS THROUGH THE Notaries 24-7 SERVICE.
  1. Independent Contractor

You agree that you shall act as an independent contractor in the performance of your services here under. Nothing in this Agreement is intended nor shall it be construed to constitute you as a partner, employee or agent of Notaries 24-7 or you being in a joint venture relationship with Notaries 24-7, and neither you nor Notaries 24-7 shall have any authority whatsoever to bind the other in any manner. You warrant that you will not hold yourself out to be or represent to anyone that you are an employee of Notaries 24-7, or that your relationship to Notaries 24-7 is other than that of an independent contractor. You agree to indemnify and hold Notaries 24-7 harmless from any and all liability arising out of or with respect to any representation or promise made by you which bind Notaries 24-7 or any agreement entered into by you on behalf of Notaries 24-7. You shall be and agree to be solely responsible for the payment or withholding of any and all income, employment, FICA, unemployment insurance, social security or other payroll taxes, state disability and any other payroll deductions required to be paid or withheld with respect to your compensation, as well as any insurance you may choose to carry. You acknowledge that as an independent contractor you are not entitled to, nor will Notaries 24-7 make available to you any of the benefits afforded to employees of NOTARIES 24-7. You agree to indemnify and hold Notaries 24-7 harmless from any and all liability arising out of or with respect to such payments, with holdings and benefits, if any. You hereby agree to maintain workman’s compensation insurance in accordance with applicable state and federal laws when employing other employees. In addition, you 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 your employees. You further understand the following:

  1. That Notaries 24-7 will provide limited training to you
  2. Notaries 24-7 will not reimburse you for any expenses you incur in performing the Services
  3. You are free to perform notary tasks for others outside of your obligations to Notaries 24-7 (i.e. there is no “exclusivity agreement” between you and Notaries 24-7)
  4. Neither Contractor nor Contractor’s employees or contract personnel shall be required to wear any uniforms provided by Notaries 24-7
  5. Neither Notary nor Notary’s employees or contract personnel shall be required by Notaries 24-7 to devote full time to the performance of the Services required by this Agreement.
  6. Notary has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Notary shall select the routes taken, starting and quitting times, days of work, and order the work is performed.
  7. If you earn over $600 per year or any future minimum amount dictated by the IRS, then Notaries 24-7 will issue you a form 1099-NEC and report such income to the IRS.
  1. Copyright & License
  1. The content, HTML, Flash files, databases, web scripts, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
  1. Trademarks
  1. “Notaries 24-7” and “Notaries 24-7 Inc” are either trademarks or registered trademarks of Notaries 24-7, Inc.
  1. Indemnification
  1. You agree to indemnify, defend, and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement, your use of the Site, your performance of the Services, or the relationship between you and any customer or client of Notaries 24-7.
  1. Nontransferable
  1. Your right to perform the Services and use the Site is not transferable. Furthermore, any password or right given to you to obtain information or documents is not transferable.
  1. Disclaimer and Limits
  1. THE SITE AND INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “IS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR LIABILITY ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND CUSTOMERS OF NOTARIES 24-7. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE, SERVICES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
  2. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE NOTARIES 24-7 FORMS OR DOCUMENTS ARE DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES THAT NOTARIES 24-7 HAS PAID YOU FOR YOUR SERVICES OVER THE COURSE OF THE TERM.
  1. Privacy Policy
  1. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Our Privacy Policy is available at www.notaries247.com/privacy-policy
  1. Confidentiality
  1. All information obtained by the notary via acceptance of signings is confidential and cannot be shared with any persons outside of Notaries 24-7. This includes but is not limited to; signer information, customer information, client information, signing fees, or any other sensitive operational information.
  1. Miscellaneous
  1. This Agreement shall be treated as though it were executed and performed in Diamond Bar, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site or the Services (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.
  2. If any controversy or dispute arising from or relating to this Agreement, the Site or the Services, even if arising after termination of this Agreement, cannot be resolved through mutual agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of the American Arbitration Association (“AAA”) in Diamond Bar, California, in accordance with the AAA’s then-existing Commercial Arbitration Rules. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between you and Notaries 24-7, and will survive termination of our relationship and this Agreement. You acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between us determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions. If for any reason this foregoing mandatory arbitration provision is invalid or unenforceable, then all legal proceedings arising out of or in connection with this Agreement shall be brought solely in Diamond Bar, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
  3. Should any part of this overall Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.