CONTACT
This Agreement is made between Esequiel "Zeke" Rivera and you (client). This is for the purpose of retaining my Notary Service to notarize documents.
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My “Notary Service Fee” shall be paid upfront to Zekes Mobile Notary, in the amount quoted, before notary service assignment can start, for the above requesting services.
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When filling out my request for services. Please enter the current legal names (First, Middle and Last Names) of all interesting parties. If there is a suffix; Jr., III, etc., include this in the suffix box.
Legal names (First, Middle and Last Names) of all parties is required for Declaration of Domestic Partnership, Termination of Domestic Partnership, Power of Attorney and Birth Certificate requests.
You will get a picture image of the application to confirm the information is correct, before I print your application and visit the inmate for signatures and notary services.
If your application is not accepted by the receiving parties, department, organization or entity because the name (first, middle or last) was incorrect or incorrect date of birth or incorrect Social Security Number (NOT MY FAULT). You may be required to redo your request again and if you do decide that you do need my service again. My service fee will be charged again (full price) to visit the inmate again to sign the documents and notarize his/her signature. As well, your documents will be mailed to you again by USPS and you will get a tracking number of your envelope.
I make every effort to make sure both his and your information is correct before traveling to Lerdo or KVSP for the notary service.
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If the client above fails to pay for services when due, Zekes Mobile Notary has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
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EMERGENCY NOTARY SERVICE: if you request and require Emergency Notary Service. There will be an additional fee for emergency services of $75.00
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TERM: This Contract will terminate automatically upon completion of notary assignment and in addition to other Service Fees are paid in full to Zekes Mobile Notary, for the Services performed according to the guidelines of this Contract. Upon termination of this Contract, Zekes Mobile Notary, will return to all Notarized Documents created, or controlled by Zekes Mobile Notary.
It’s the client’s responsibility to make sure that the inmate is still housed at the sending facility and will be available at the time of arrival for notary signature(s). I don’t want to waste your time and your money because if for any reason signing does not occur because the inmate refuses to sign, refuses to meet with me or they were transferred out, appointment will be considered a "NO SHOW": No Refund
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WARRANTY: Zekes Mobile Notary shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Zekes Mobile Notary community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Zekes Mobile Notary on similar projects.
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DEFAULT: The occurrence of any of the following shall constitute a material default under this contract:
The failure to make a required payment when due.
The failure to make available or deliver the Services in the time and manner provided for in this Contract.
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REMEDIES: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract. This notice shall describe with sufficient detail the nature of the default. Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
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ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
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SEVERABILITY: If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
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AMENDMENT: This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
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GOVERNING LAW: This Contract shall be construed in accordance with the laws of the State of California. California notaries public are prohibited from performing any duties that may be construed as the practice of law. Among the acts which constitute the practice of law are the preparation, drafting, or selection of certificates (Power of Attorney or Acknowledgement Certificates) or determination of the kind of any legal document, or giving advice in relation to any legal documents or matters. If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney.
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I DO NOT offer legal advice of any sort regarding your paperwork, so please don't put me in that awkward position of having to disappoint you.
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NOTICE: Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
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WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
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ATTORNEY'S FEES TO PREVAILING PARTY: In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
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CONSTRUCTION AND INTERPRETATION: The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
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All information is held strictly private. I do not lend, sell, trade, or give away your private information to any vendor, person, or organization of any kind. I respect your privacy!
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NO REFUNDS FOR NOTARY SERVICES RENDERED AND COMPLETED WITHIN A TIMELY MANNER AND OR FOR ANY DEPOSITS PAID TO HOLD A DATE AND FOR TIME FOR ALL PROFESSIONAL SERVICES PROVIDED IN GOOD FAITH.
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IF IT IS FOUND THAT I MADE AN HONEST MISTAKE, I WILL REDO YOUR NOTARY FOR FREE.
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A STATE ISSUED PHOTO I.D. AND THUMB PRINT IS REQUIRED FROM ALL SIGNERS.