Terms of Service
The term “Contractor” refers to the signing agency AZ Signings and/or any subcontractor through which Contractor performs service. The “Requester” is the individual, lender, broker, closing agent, or signing agency that is hiring the Contractor for loan signing services. “Terms” or “Terms of Service” shall refer to this entire document.
BY ACCEPTING THESE TERMS, AN INDIVIDUAL OR ENTITY REPRESENTS THAT HE/SHE/IT ASSUMES THE ROLE OF REQUESTER AS DEFINED IN THIS DOCUMENT. THE REQUESTER IS LIABLE FOR ALL APPLICABLE FEES UNDER THESE TERMS AND IS THE PARTY THAT WILL BE BILLED FOR SERVICES UNLESS A DIFFERENT BILLING ARRANGEMENT IS APPROVED IN WRITING BY CONTRACTOR.
Requester agrees to provide any and all possible billing information requested by Contractor such as a valid email, mailing, and/or physical addresses for both Requester and party to be billed, if applicable. Additionally, Requester acknowledges that he/she/it is ultimately responsible/liable for performance and payment of fees in accordance with these Terms.
3. Payment Terms.
Timely payments will be remitted within 30 days of delivery of signed loan package(s).
Service by Contractor is 100% guaranteed. If loan documents are found to be unacceptable by the closing agent, lender, or signing agency because of an error that is reasonably deemed to have occurred due to Contractor’s failure to effectively supervise the signing process, or due to errors in notary certificates or other documents to be executed by the Contractor, the same shall forfeit all compensation that would otherwise be due.
This guarantee is not intended to obligate Contractor to any action that would constitute misconduct under Arizona notary statutes, nor does it place upon Contractor any liability in connection with imprudent liberties taken by Borrower in the course of executing documents when such actions are contrary to the recommendations of Contractor and/or common sense. Additionally, Contractor shall not be liable for failure on the part of the Borrower to provide all stipulations necessary to close provided that Contractor has made a reasonable effort to obtain such.
5. Borrower Refusals.
If Contractor and Borrower meet and review loan documents, but Borrower refuses to sign all loan documents necessary to close, a trip fee equal to one-half of the agreed base fee will generally be charged in addition to any other applicable charges, e.g., printing fees. Contractor reserves the right to charge the full signing fee, however, if the appointment lasts more than 30 minutes due to extensive consultation with other parties involved with the transaction.
6. Good Faith and Due Diligence.
It is assumed that lender and/or escrow officer has/have discussed with the Borrower the terms, conditions, and fees as set forth in the settlement statement, the note, the first payment letter, and any other documents containing items of material import to Borrower. In the event that the Borrower feels it is necessary to contact the lender and/or escrow officer during the signing appointment to discuss the escrow and/or loan transaction, Contractor reserves the right to charge a prorated fee of $50/hr for time spent with the borrower in excess of one hour for a single loan signing or 1.5 hour for a double signing.
Any document that requires a jurat certificate (containing the words “subscribed and sworn” or similar language) must be complete (i.e., contain no blank spaces.) If, for example, an Affidavit of Property Value has not been completed by the closing agent, Contractor will not notarize the document as this would constitute official misconduct and could jeopardize the Contractor’s commission as a notary public per
Arizona Revised Statutes 41-328
8. Delivery of Documents.
Contractor agrees to make every reasonable effort to deliver signed loan package(s) back to the place of requesters choice. Requester agrees to provide to Contractor a way to deliver signed loan package(s) on time.
Once accepted, these Terms of Service shall govern any pending service order as well as any and all subsequent assignments. Thereafter, they may only be modified on a permanent or on a “one-time” basis in writing with acknowledgment by both Contractor and Requester.
10. Contractor’s Agents.
Contractor may, at Contractor’s own expense, employ agents (e.g., employees or independent contractors) as Contractor deems necessary to assist Contractor in the performance of services. Contractor assumes full and sole responsibility for all acts and omissions of any of Contractor’s agents and for payment of all compensation and applicable withholdings of such agents.
11. Agreement and Acceptance.
These Terms of Service are intended to constitute a binding agreement between Contractor and Requester. In the event that terms or fees contained in a service order/confirmation conflict with these Terms, the language of the Terms of Service shall be controlling. Any exceptions to these Terms must be acknowledged by Contractor in writing prior to acceptance.
In order to accept these Terms, the Requester need only to express acceptance in a reply email containing this entire document quoted therein or by submitting a service order on Contractor’s website. If sending a reply email, please write "Terms are accepted by (your name) on behalf of (company name, if applicable)" in the body of the message. Be sure to also include complete billing information.
12. Service Contingent upon Acceptance.
In the event that Requester does not accept these terms of service as set forth above, the status of any pending service order shall be considered unconfirmed and non-binding.
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