This Title Supplement is attached to and incorporated into the Notarize General Terms (“General Terms”). Capitalized terms not otherwise defined have the meanings given in the General Terms or the relevant Supplement or Order Form.
- Applicability. This Title Supplement applies to Title Agent Subscribers who provide real property related title, settlement, or escrow services to consumers.
- General Terms for RE Services.
2.1 RE Transaction Process. After Title Agent initiates a request for RE Services (“Title Transaction Request”) or is added by a Lender to a Transaction that includes RE Services (a “Lender Transaction Request”), Title Agent may designate one or more Signatories or Participants to electronically review and/or e-sign Documents uploaded by Title Agent as part of an RE Transaction. Title Agent may add Documents to both Lender Transaction Requests and Title Transaction Requests that require Notarizations. Notarizations and eSign Services follow the general processes and procedures outlined through the Platform or in the Order Form, which may be adjusted based on Lender preference or as otherwise communicated by Notarize.
2.2 Responsibility. When On-Demand Notary Services are part of the RE Services, Title Agent acknowledges that Notarize is providing access to a panel of On-Demand Notaries who will perform Notarizations on the Platform at Title Agent’s request in accordance with the General Terms. Title Agent will make arrangements for its own traditional Notaries to perform in-person notarial acts.
2.3 On-Demand Notary Services. If Title Agent requests On-Demand Notary Services, On-Demand Notaries will respond to Transaction requests from Title Agent or Lender that comply with the General Terms and Notarize’s Transaction requirements. Title Agent is responsible for providing clear instructions to On-Demand Notaries in the Transaction request outlining Title Agent’s Document execution preferences. Notarize is not responsible for communicating Title Agent’s requirements to On-Demand Notaries. As required by Applicable Notary Law, On-Demand Notary Services are provided only when the On-Demand Notary and all Signatories and Participants speak the same language. If Notarizations or authentication services are included in the RE Services, Title Agent will pre-qualify the Signatories and Participants and ensure each has a current valid government-issued photo identification credential and a US social security number in their possession during the Transaction. Title Agent may upload External Documents to the Platform so that a User may review them (but not execute them) in advance of the Transaction.
(a) Fees. Transactions that require more than one session with a Notary incur a separate Fee for each session.
(b) Transaction Fees. Transaction Fees include (i) one unified signing session with a Notary; (ii) as many Signatories and Participants as the Platform supports at that time; (iii) one or more e-signed documents; and (iv) one or more notary Seals. Lender negotiated Transaction Fees will override any Transaction Fee that a Title Agent may have agreed to in this Agreement. Subscribers are charged the Transaction Fee independently for each Transaction (i.e. if both a buyer and seller of real property are using the Platform, each will be charged for its “side” of the Transaction). The types of Transactions that incur a Transaction Fee include (x) a singular signing session which occurs when Signatories sign the Documents during one session, (xi) a split signing session which occurs when one Signatory signs the Documents during one session and another co-Signatory signs the same Documents during a different session (there will be a Transaction Fee for each signing session), and (xii) a second signing session which occurs when Documents that were part of the original session were missed or incorrectly signed. A Transaction Fee for eSign Services includes one or more electronic signatures contained in an Envelope.
(c) Additional Fees. The types of Transactions that incur Additional Fees include (i) a signing session which occurs when additional Documents are notarized (“Ancillary Documents”), (ii) additional Signatories, and (iii) additional Seals. A Transaction subject to an Additional Fee includes (x) one unified signing session with a Notary; (xi) two Signatories; (xii) as many Participants as the Platform supports at that time; (xiii) one or more e-signed documents; and (xiv) one notary Seal.
2.5 Exclusions. Unless otherwise agreed to in the Order Form, Notarize is not providing Subscriber: (i) managed hybrid closings, whereby Notarize takes on the service component of transmitting and tracking documents to a mobile notary, scheduling a mobile notary and signer, and retrieving the executed documents from the mobile notary; or (ii) any features or technology for use in the collection or transfer of escrow funds as part of the closing.
2.6 Acknowledgments. Subscriber understands and acknowledges that:
(a) Notarize is not a licensed title or escrow agent and Subscriber will supervise or participate in each Transaction as required by law.
(b) Subscriber is a Notarize RE Network partner. Subscriber hereby grants Notarize the right to use any Subscriber logos, trademarks, service marks or other User IP solely for the purpose of listing and identifying the Subscriber as a Notarize RE Network partner and title, settlement and escrow services provider in the Notarize RE Network.
(c) Documents required to be wet-ink signed in the physical presence of a notary public may also be uploaded to the Platform by Subscriber so that a User may review them (but not execute them) in advance of the closing.
(d) Subscriber and any attorney or title insurance producer, assume responsibility for any required participation and/or supervision of any RE closing activities to be completed by a licensed attorney or title insurance producer on the Notarize Platform, in accordance with the applicable RE and title insurance laws.