By becoming a member of The East Valley Signing Services, LLC team, you agree to the following Terms and Conditions.
INDEPENDENT CONTRACTOR AGREEMENT
This Independent Contractor Agreement (this “Agreement”) is made effective immediately upon accepting Terms of Service and joining as a member of the East Valley Signing Services, LLC team.
Notary understand that this Agreement is not an application for employment and Notary is an Independent Contractor, meaning they may accept or decline the request for services made by East Valley Signing Services, LLC. Requests for Independent Contractor services shall hereinafter be referred to as an “Assignment.”
THE SERVICES. During the Term of this Agreement, Notary duties are at the sole discretion of East Valley Signing Services, LLC and may include notary public services, obtaining signatures, placing notary seals as required by individual State laws or as per document/lender instructions, picking up or dropping off documents at assigned locations, communicating professionally with escrow officers, lenders, signers, and any party involved in the execution of an assignment. Notary shall be knowledgeable of FedEx, UPS, USPS overnight cutoff times for returning documents. Notary shall comply with any and all instructions provided by East Valley Signing Services, LLC and any mortgage lender, or title company. Notary shall have discretion to accomplish tasks in the manner notary seems appropriates, except with respect to deadlines specified.
INSURANCE AND LICENSES. Notary represents and warrants that Notary license is active and in good standing upon accepting an Assignment. Notary possesses, and at all times during the term of this Agreement shall maintain, at his or her sole expense, errors and omissions insurance coverage in an amount of not less than the statutory minimum in bond coverage. Notary also possesses, and at all times during the term of this Agreement shall maintain, at his or her sole expense, comprehensive general and vehicular insurance for claims and damages of bodily injury (including death) in the amounts of no less than $100,000 of bodily injury per person and $300,000 per accident. Notary shall also obtain, at their own expense, all business registrations, licenses and certifications necessary to perform an Assignment. At East Valley Signing Services, LLC’s request, Notary agrees to provide proof of any licenses or certifications required to perform the services pursuant to this Agreement. Notary agrees to take full responsibility and exclude East Valley Signing Services, LLC from any and all liabilities, deficiencies, actions, claims, judgments, injuries, losses, damages, interest, penalties, fines, costs or expenses related directly or indirectly to the Notary’s Assignment.
REQUIRED MATERIALS. Notary shall provide any and all required materials, supplies, or tools to complete an Assignment at their own expense. East Valley Signing Services, LLC will not bare expense and or reimburse for any materials without prior written consent. Notary will not rely on the equipment of East Valley Signing Services, LLC, escrow offices, or personal equipment or supplies of signer of the Assignment. Notary shall be responsible for maintaining all notary journals, as required by applicable laws or licensing requirements on every Assignment. Notary shall comply to any request made to make the notary journal available to inspect upon receiving reasonable notice from East Valley Signing Services, LLC.
COMPENSATION. The Notary does not have a salary or hourly rate and shall be entitled to compensation of individual Assignment, based on written agreed amount for performing those tasks and duties related to the Services. Any alterations in original written Assignment, may be subject to compensation increase/decrease, but cannot be executed without prior written consent. Assignments that are not completed appropriately and cannot be used for lenders to record (i.e. missing signatures, dates or notary blocks, documents printed on wrong size paper, or with poor printed ink quality, and/or missed FedEx or UPS drop times may be subject to non-payment for services. East Valley Signing Services will attempt to rectify all situations prior to non-payment and Notary may be requested to correct errors in a timely manner. Notary must provide East Valley Signing Services, LLC with a signed W-9 with current mailing address for payment to be made. East Valley Signing Services shall pay Notary within 30 days of completed Assignment.
Information will be disclosed to the notary (Recipient), that contains client’s personal information so that documents can be translated. The Owner has requested, and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows.
CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, employees, or obtained via written or oral communication during the interaction of any assigned service and which the Recipient may obtain through direct or indirect contact with the Owner. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Owner concerning the business, loan/escrow and/or legal documents, technology and information of the records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and that a reasonable person would understand it to be confidential.
“Confidential Information” does not include:
-matters of public knowledge that result from disclosure by the Owner;
-information rightfully received by the Recipient from a third party without a duty of confidentiality;
-information independently developed by the Recipient;
-information disclosed by operation of law;
-information disclosed by the Recipient with the prior written consent of the Owner;
-and any other information that both parties agree in writing is not confidential.
PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient and the Confidential Information, The Recipient agrees as follows:
No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner.
No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner
Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION. If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
NON-CIRCUMVENTION. During the term of this Agreement, Recipient will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Owner to Recipient for the purpose of circumventing, the result of which shall be to prevent the Owner from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Owner. If such circumvention shall occur, the Owner shall be entitled to any commissions due pursuant to this Agreement or relating to such transactions.
RETURN/DISPOSAL OF CONFIDENTIAL INFORMATION. Upon the written request of the Owner, the Recipient shall return to the Owner all written materials containing the Confidential Information. The Recipient shall also deliver to the Owner written statements signed by the Recipient certifying that all materials have been returned with five (5) days of receipt of the request. In the event that Confidential Information cannot be delivered to Owner, per written request of the Recipient and agreeance of the Owner, the Recipient will ensure Confidential Information is shredded properly as not to be disclosed to any unintended party, either by intent or omission to protect Confidential Information.
RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any product using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
NO WARRENTY. The Recipient acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis. The Owner makes no warranties, expressed or implied, with the respect to the confidential information and hereby expressly disclaims any and all implied warranties of merchantability and fitness for a particular purpose. In no event shall the Owner be liable for any direct, indirect, special or consequential damages in connection with or arising out of the performance of use of any portion of the Confidential Information. The Owner does not represent or warrant any product or business plans disclosed to the Recipient will be marketed or carried out as disclosed, or at all. Any action taken by the Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient.
INDEMITY. Each party agrees to defend, indemnify and hold harmless the other party and its officers, directors, agents, affiliates, distributers, representatives, and employees from any and all third party claims, demands, liabilities, costs, and expenses, including reasonable attorney fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
ATTORNEY’S FEES. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
GERNERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. The obligations of confidentiality shall survive indefinitely from the date of disclosure of the Confidential Information. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Arizona. This agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall always remain in full force and effect after the effective date of this Agreement. If any provisions of this Agreement are held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed to best effectuate the original intent and purpose of this Agreement.