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Notary Signing Services Terms of Use

These Notary Signing Services Supplemental Terms of Use apply to Customers who purchase, as reflected on an Order Form, "Notary Signing Services" facilitated and billed by Stavvy but delivered by a third party external notary panel agency selected by Customer.

Notary Signing Services

Customer agrees that if it uses Notary Signing Services facilitated by and billed to Customer by Stavvy, these Supplemental Terms of Use apply in addition to any other terms and conditions in Terms of Service. The "Notary Signing Services" may include:

  • Assignment of an External Notary to the Digital Signing Session (the "External Notary");
  • Tagging/annotating of all documents for the Digital Signing Session;
  • Confirmation of scheduling of the Digital Signing Session;
  • Notarization services for all documents required to be notarized in the Digital Signing Session;
  • Notification of complete Digital Signing Session; and
  • Support hotline for resolution of issues and errors with notarization services or with External Notary.

Definition of Digital Signing Session

For purposes of this Exhibit, "Digital Signing Session" shall mean an electronic signing and notarization session conducted with an External Notary and other signing participants (and witnesses, as applicable) on the Stavvy platform.

Fees

Customer shall be charged all fees for Notary Signing Services, as set forth on the Order Form, upon any of the following circumstances:

  • The successful completion of the Notary Signing Services, as determined by the External Notary according to commercially reasonable standards;
  • The failure of Customer to cancel a request for Notary Signing Services more than 24 hours in advance of the scheduled Digital Signing Session;
  • The failure of any signer or witness to appear at a confirmed appointment for a Digital Signing Session resulting in another session being required and Customer being charged for an additional Notary Signing Services fee;
  • The failure of the signers to sign all required consents or necessary documents during a confirmed appointment for a Digital Signing Session with the External Notary, which failure is not the fault of Stavvy or the External Notary. Circumstances that are not the fault of Stavvy or the External Notary include, but are not limited to:
    • The signer unilaterally elects not to sign transaction documents or required consents;
    • The signer's identity is unable to be verified in a compliant manner, or a manner directed by the Customer, despite best efforts by the External Notary;
    • The signer is determined by the External Notary to have a lack of capacity to sign a document; and/or
    • The documents to be signed during the Digital Signing Session were not prepared correctly by Customer or are incomplete.

All Notary Signing Services are sold 'as-is' by Stavvy, non-refundable, and subject to availability. The payment of fees for the Notary Signing Services is not contingent upon the closing of any transaction for which Notary Signing Services were engaged or the recording of any documents in any local registry of deeds. Customer acknowledges and agrees that the Notary Signing Services fees set forth on an Order Form are subject to change on thirty (30) days advance written notice to Customer. Continued use by Customer of Notary Signing Services after the effective date of such price change shall constitute Customer's acceptance of such updated fees.

Customer's Responsibilities

Customer understands and agrees that it, and not Stavvy, is responsible for the following, with respect to Notary Signing Services.

Customer assumes responsibility for determining, communicating, and confirming with the External Notary if applicable:

  • whether any signing or notarization, or other activities, are required by law to be completed by a licensed attorney or title insurance producer;
  • any underwriting requirements that relate in any way to the signing or notarization of the documents involved in the transaction; and
  • any other requirements of the Customer relevant to the Digital Signing Session and/or the Notary Signing Services.

Customer is responsible for requesting a Notary Signing Service twenty-four hours (and at least one full "business day" must transpire between the time of ordering and the time of the Digital Signing Session) prior to the Digital Signing Session and uploading all necessary documents for each Digital Signing Services on the Stavvy platform, at least twenty-four (24) hours prior to the Digital Signing Session. If Customer submits a request for Notary Signing Service less than twenty-four hours prior to the Digital Signing Session, Customer understands and acknowledges that the Notary Signing Service is subject to the availability of a third-party notary service and understands that all availability of Notary Signing Services is outside of Stavvy's control.

Customer shall communicate the scheduling of the Digital Signing Session with all signatories and participants, and pre-qualify the signatories and participants to ensure each has access to the technology necessary for successful completion of the Digital Signing Session and a current, valid government-issued photo identification credential.

Customer shall include in any Notary Signing Service requests: signing type, the signer(s) name(s), any witness(es) name(s), signing location (if applicable), preferred signing date and time, contact information (valid telephone number and email address) of signers and witnesses, location of signers and witnesses, and address of property that is the subject of the transaction.

Stavvy's Relationship with Third-Party, External Notary Panels

Stavvy's sole role with respect to the Notary Signing Services is as a facilitator. Stavvy does not perform the Notary Signing Services. Stavvy does not employ any notary public, nor does any notary public performing Notary Signing Services have any authority to act on behalf of Stavvy. Any information Customer provides to or through the third-party company providing the Notary Signing Services is subject to the terms, policies, and practices of that third party, to which Customer shall agree prior to using such Notary Signing Services. Stavvy makes no express or implied warranties as to the Notary Signing Services.

Stavvy's Role as Facilitator and Billing Service for Notary Signing Service

Customer understands and agrees that an External Notary has sole discretion to decide not to perform a transaction, for reasons including but not limited to inability to verify a signer's identity or determination of a lack of a signer's capacity to sign documents. Customer understands and agrees that Stavvy does not:

  • control the quality, safety, or legality of any aspect of the Notary Signing Services;
  • control or warrant the location of an External Notary during a Digital Signing Session;
  • determine the External Notary's qualifications to perform an electronic notarization;
  • supervise, direct or control in any way an External Notary's work or services performed;
  • guarantee, represent, or warrant that documents signed and notarized by the Notary Signing Services will be accepted by third parties or for their intended purpose;
  • provide External Notaries with training or any equipment or materials needed for a particular Digital Signing Session, apart from standard onboarding training to the Stavvy platform that are also available to the Customer; or
  • endorse any External Notaries or their services.

Support for Notary Signing Services

Customer acknowledges and agrees that, in the event of questions or concerns about the Notary Signing Services, Customer shall contact the respective support contact for the third party External Notary provider. The target response time for resolution of any non-critical issues or concerns (meaning, more than two (2) hours prior to the start of a Digital Signing Session) is two (2) business hours of receipt. The target response time for resolution of any critical issues or concerns (that fall within two (2) hours of a Digital Signing Session or during a Digital Signing Session) is within ten (10) minutes of receipt.

Availability of Notary Signing Services

Notary Signing Services are subject to availability between the hours of 8am - 9pm Eastern Time. Notary Signing Services may be requested, but may not be available in languages other than English and may not be available without a surcharge in the location specified by the Customer.