TERMS AND CONDITIONS OF INDEPENDENT CONTRACTOR AGREEMENT
Welcome to ASAP Pro Notary Services. Accounting Questions: All payments are made through bill.com. The ASAP Pro Notary site will automatically create a free account for you. Please do not pay a fee if asked from Bill.com. Once you have completed your order, please email [email protected] and we will send you a link to get you set up on autopay for timely payments. ONLY email [email protected] (NOTE: [email protected] does not handle accounting questions) or text (888) 681-2068 for quicker response. Please see Paragraph 3a below for more details.
Please note that all responses will be within 24 hours. You must agree to the following Terms and Conditions of this independent contractor agreement ("Agreement") before receiving mobile notary dispatch orders from ASAP Pro Notary Services, and before using the ASAP Pro Notary Services website ("Site"). By using our Services or indicating your agreement on the notary registration web page, 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 ASAP Pro Notary Services website, you may not receive mobile notary dispatch orders from ASAP Pro Notary Services, you may not perform any work for ASAP Pro Notary Services ("Services"), and you should request termination of any account you may have with ASAP Pro Notary Services.
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 ASAP Pro Notary Services, 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. ASAP Pro Notary Services: ASAP Pro Notary Services is a nation-wide traveling notary network. We are currently in 50 states and have well over 40,000 signers who provide fast, professional, and courteous service to homeowners in the process of financing properties.
2. Engagement. ASAP Pro Notary Services 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 ASAP Pro Notary Services (the "Services").
3. Compensation.
a. In consideration of your performance of the Services as provided herein, ASAP Pro Notary Services agrees to pay you the amount specified and arranged at the time of accepting the order from ASAP Pro Notary Services.
b. If a particular signing requires you to make more than one trip, you will be paid per trip; however, any additional trips MUST be authorized by a ASAP Pro Notary Services representative, or you will not be compensated for such additional trip.
c. All payments are done through Bill.com. Please email [email protected] if you would like to do direct deposit. Snap Docs automatically creates a free account on Bill.com, but you will need to email us if you want to sign up for direct deposit. Payment for all closings is mailed 45 days from the date closing EXCLUDING Sundays and Holidays due to mail not running. If closing cancels or is rescheduled and no documents have been printed, then there will not be a fee paid to notary. If closing cancels prior to notary going to meet with the borrower and notary has printed documents, then ASAP will pay a $25.00 print fee. If closing cancels during the closing, then notary acknowledges that ASAP is not required to pay full fee, but a trip fee will be paid to the notary in the amount of $50.00 (which $50.00 fee includes the print fee of $25.00). QUESTIONS on payment, please email [email protected]. ALWAYS retain your copy of the confirmation until payment has been made! We will not adjust fees without your confirmation as proof. Please review your confirmation and if any fee changes were to have been made, please make sure you get a revised confirmation with the revised fee. Failure to get a revised confirmation with a revised fee could result in payment to you not being correct. Any special requests regarding payment must be made to [email protected]. Please do not email the [email protected] or any other email except [email protected] for accounting requests and/or issues.
d. All payment requests and disputes must be initiated within 12 months of the service performed. Contact us at [email protected].
4. Expenses. ASAP Pro Notary Services shall not be responsible for any expenses you accrue in performing the Services. You shall be responsible for payment of all your business expenses, 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.
5. Term and Termination.
a. 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.
b. Either party may terminate this Agreement at any time with written notice to the other party. Furthermore, ASAP Pro Notary Services may terminate this Agreement at any time, for any reason or for no reason, by sending you notice of such termination.
d. Upon termination or expiration of your engagement with ASAP Pro Notary Services for any reason, you shall immediately return to the ASAP Pro Notary Services all documents, promotional materials, property and other records of ASAP Pro Notary Services, and all copies thereof, within your possession, custody or control.
6. Your Responsibilities and as a Notary for ASAP Pro Notary Services, and Your Warranties to ASAP Pro Notary Services.
a) 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.
b) You must be eighteen (18) years of age to use the service, and by agreeing to these terms and using there Service you hereby represent and warrant that you are at least eighteen years of age.
c) 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.
d) You must act and dress in a professional manner at all times. Unprofessional attire and attitude will not be tolerated, as quality control checks are often implemented. Unacceptable conduct and inadequate service may result in the termination of this Agreement.
e) 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.
f) You understand that ASAP Pro Notary Services 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.).
g) You agree to make your appointments on the day required by the lender and follow ASAP Pro Notary Services notary guidelines (our instructions as well as the rules that are included in every set of loan documents), which are incorporated herein by reference.
h) You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the ASAP Pro Notary Services website.
i) You agree to inform ASAP Pro Notary Services of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an I.D., or password. Until ASAP Pro Notary Services is notified, by electronic or conventional mail of a breach of security, you will remain liable for any unauthorized use of your ASAP Pro Notary Services account.
j) You agree to use ASAP Pro Notary Services 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.
k) You acknowledge that under no circumstances will you upload any viruses, ActiveX or Java installers, or Internet Explorer Exploits onto the Site.
l) 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.
m) If you violate the restrictions in these Terms & Conditions of Service, you agree to indemnify ASAP Pro Notary Services for any losses, costs, or damages, including reasonable attorney’s fees incurred by ASAP Pro Notary Services and relating to, or arising out of such a breach. You, not ASAP Pro Notary Services, are responsible for your behavior on the ASAP Pro Notary Services website and at signings facilitated by ASAP Pro Notary Services.
n) YOU UNDERSTAND AND ACKNOWLEDGE THAT ASAP Pro Notary Services DOES NOT SCREEN CUSTOMERS IN ANY WAY. YOU UNDERSTAND THAT ASAP Pro Notary Services SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE SERVICES RENDERED TO CUSTOMERS THROUGH THE ASAP Pro Notary Services SERVICE.
4. 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 ASAP Pro Notary Services or you being in a joint venture relationship with ASAP Pro Notary Services, and neither you nor ASAP Pro Notary Services 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 ASAP Pro Notary Services, or that your relationship to ASAP Pro Notary Services is other than that of an independent contractor. You agree to indemnify and hold ASAP Pro Notary Services harmless from any and all liability arising out of or with respect to any representation or promise made by you which bind ASAP Pro Notary Services or any agreement entered into by you on behalf of ASAP Pro Notary Services. 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 nor will ASAP Pro Notary Services make available to you any of the benefits afforded to employees of ASAP Pro
Notary Services. You agree to indemnify and hold ASAP Pro Notary Services 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:
a. That ASAP Pro Notary Services will provide no training to you whatsoever;
b. ASAP Pro Notary Services will not reimburse you for any expenses you incur in performing the Services;
c. You are free to perform notary tasks for others outside of your obligations to ASAP Pro Notary Services (i.e. there is no "exclusivity agreement" between you and ASAP Pro Notary Services); and
d. If you earn over $600 per year, or any future minimum amount dictated by the IRS, then ASAP Pro Notary Services will issue you a form 1099-MISC and report such income to the IRS.
5. Copyright & License. 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.
7. Trademarks. "ASAP Pro Notary Services" and "ASAP Pro Notary Services" are either trademarks or registered trademarks of ASAP Pro Notary Services, LLC.
8. Indemnification. 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 ASAP Pro Notary Services.
9. Nontransferable. 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.
10. Disclaimer and Limits. 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 ASAP Pro Notary Services. 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.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE ASAP Pro Notary Services 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 ASAP Pro Notary Services HAS PAID YOU FOR YOUR SERVICES OVER THE COURSE OF THE TERM.
11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
12. Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Francisco, 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 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.
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 San Francisco, 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 ASAP Pro Notary Services, 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 San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
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.