Thank you for your business and look forward to assisting your loan through a fast quick error free closing. Payment of services is only subject to refund if appointment cancels within 24 hours before the appointment or 60 minutes of this purchase as marked by payment provider. If incorrect item is chosen, and your purchase is completed, please contact the scheduling desk at 562-256-6053 immediately. Full payment is agreed to be earned upon receipt of documents (paper or electronic) and appointment has been scheduled. This includes cancellation of loan due to buyer/borrower, lender, title, escrow including a borrower cancels loan at closing or refuses to sign after trip has been made and any loan documents received. If a closing is canceled after loan documents are shipped back, We will return to the site for a discounted additional trip fee of $50.00. Please choose item: Trip Fee - All Counties.
Service Agreement
Dated Effective January 1, 2006
I.
Preamble and Acceptance
Customer
(“You” or “Your”) makes this Agreement with Us (hereinafter defined) when You
accept the terms and conditions in this Agreement by requesting, using or
paying for the services (the “Service” or the “Services”) covered by this
Agreement and offered by one of the following entities: Robert-Jaymes C. Vincent d/b/a Robiechek
Document Services or RJ Vincent, Notary Public, or Robbie Vincent or other
authorized agent by separate written agreement (the applicable entity being
referred to as “We,” “Our,” or “Us”). This Agreement sets forth Your and Our legal rights concerning payments, credits,
limitations of liability, and other important topics associated with the
Services We provide to You that are not covered under tariff. For those
Services covered under tariff, the tariff prevails. Upon removal of a tariff, You will continue to receive Services under the same rates
previously set forth in the tariff unless notified per the terms of this
Agreement. Those previously tariffed rates will
thereafter be set forth in a Standard Fee (“Fee”). If You
do not know Your rates under tariff or if You would like a copy of Your Standard
Fee, You may contact Us either in writing or via telephone at the address or
telephone number on Your bill and We will provide You with the information You
request.
II.
Description of the Services
You agree to
subscribe to and use, and We agree to provide, the
Services previously provided under tariff or the Services described in the Standard
Fee that accompanies this Agreement. The Fee Schedule is part of this
Agreement. Additional information relating to the Services and the Fee Schedule
can be found at www.robiechek.com/fee. Together, the tariff, the Fee Schedule,
and the posted Terms of
Service (TOS) for Notary Services constitute the "Service Description".
Service availability may be limited by law and the availability of resources.
Service is offered subject to restrictions imposed upon Us
by any authority having jurisdiction over Our provision of the Services. Any
additional Services that You purchase from Us after
acceptance of this Agreement shall also be covered by this Agreement.
III.
Payment, Billing, Credit and Deposits
We or Our
billing services provider will bill You, and You will pay
Us, the charges for the Services (the “Charges”) described (a) in the Service
Description which may be amended by Us from time-to-time or (b) in the tariff,
if applicable. The Charges are a part of this Agreement. The Charges will be
billed monthly and You agree to pay them by the due
date shown on the bill. The Charges do not include applicable taxes,
surcharges, other amounts due under law, and other charges We may assess (e.g.,
late fees, cancelation fees, extra travel charges over 29 miles from our office
address, fax back charges) which You agree to pay to Us in addition to the
Charges. You are responsible for all Charges incurred for all services rendered
authorized by any person, even if such Charges are incurred by fraud or without
Your knowledge. You are responsible for controlling access
to, and the use of Your telecommunications equipment,
facilities, and e-mail. All charges due from You are
payable to Us in immediately available U.S. dollars. We reserve the right to
assess the maximum amount allowed by law, or less, as determined by Us, whenever a check or draft presented for payment of
service is not accepted by the institution upon which it is written. If the
Charges for the Services are billed we may assess a late payment charge of 5.0%
per month, or the maximum amount allowed by law, whichever is lower to any
overdue charges. The late payment charge will begin to accrue no sooner than
the 35th day after the billing date or as
allowed by law. In the event that We incur fees or
expenses, including attorney’s fees for collecting or attempting to collect any
charges owed to Us, including check return fees, We, or Our billing services
provider, may charge You, and You will pay, all such fees and expenses
reasonably incurred. Any objections to billed Charges must be reported to Us within 30 days after receipt of the bill. Any claims for
refund of overpayment must be made within 90 days of the date of the alleged
overpayment. You may be required to establish credit and provide a security
deposit or to provide an advance payment instead of, or in addition to, a
security deposit. A limit on Charges may also be applied. A deposit shall not exceed
the estimated charges for two months’ Services.
IV.
Limited Warranty for Services and Remedy for failures
in services
We
warrant that the Services will function substantially in accordance with the Service
Description. IF THE SERVICES FAIL TO FUNCTION IN THIS MANNER AND THE FAILURE
IS NOT DUE TO: (A) THE FAULT OF YOU, YOUR EMPLOYEES,
OR YOUR AGENTS OR (B) A CONTINGENCY IDENTIFIED IN PARAGRAPH 6 OF THIS AGREEMENT,
THEN WE, AT OUR EXPENSE, WILL REPAIR THE SERVICES SO THAT THEY FUNCTION SUBSTANTIALLY
IN ACCORDANCE WITH THE SERVICE DESCRIPTIONS. THIS LIMITED WARRANTY IS EXCLUSIVE
AND INSTEAD OF ALL OTHER WARRANTIES FOR FAILURES IN THE SERVICES, WHETHER
EXPRESS, IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A Pro-Rated Credit
Allowance May Be Requested By You For Service Outages Of More Than 24 Hours For
The Non-Usage Portion (Excluding Fees and Surcharges) Of Your Bill In Those Circumstances
Where A Service Outage Is Due To Our Failure To Meet The Conditions Of This
Agreement To Provide Service.
V.
Consequential Damges and
Liability Limitation
WE WILL NOT BE
LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, INFORMATION, OR OTHER COMMERCIAL
OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT,TORT,
INCLUDING OUR NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN NOTIFIED OF THE
POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR, AND CUSTOMER
INDEMNIFIES AND HOLDS US HARMLESS FROM, ANY AND ALL LOSSES, CLAIMS, DEMANDS,
SUITS OR OTHER ACTIONS, OR ANY LIABILITY WHATSOEVER, WHETHER SUFFERED, MADE,
INSTITUTED OR ASSERTED BY CUSTOMER OR BY ANY OTHER PARTY, FOR ANY LOSS OF
CUSTOMER OR OTHER, OR FOR LIBEL, SLANDER, INVASION OF PRIVACY, OR INFRINGEMENT OF
COPYRIGHTS OR PATENTS, OR FOR ANY OTHER CAUSES, CAUSED OR CLAIMED TO HAVE BEEN
CAUSED DIRECTLY OR INDIRECTLY BY THE OPERATION, FAILURE TO OPERATE,
MAINTENANCE, OR USE OF THE SERVICES. NO AGENTS OR EMPLOYEES OF OTHERS SHALL BE
DEEMED TO BE OUR AGENTS OR EMPLOYEES. OUR LIABILITY TO YOU FOR DAMAGES DUE TO
FAILURES IN SERVICES ARISING FROM OUR NEGLIGENCE OR BREACH OF THIS AGREEMENT OR
FAILURE TO INSTALL THE SERVICES IN A TIMELY MANNER SHALL IN NO EVENT EXCEED THE
CHARGES SPECIFIED IN THIS AGREEMENT FOR SERVICE INTERRUPTIONS.
VI.
Contingencies
We will not be
liable for delays, damages, or failures in performance due to the Services that
We provide to You or to causes beyond Our reasonable control, including, but
not limited to, acts of a governmental body, civil commotion, acts of God, acts
of third parties, fires, floods, strikes or other labor disputes, or inability
to obtain necessary equipment or services.
VII.
Term, Termination and Survival
This Agreement,
unless terminated in accordance with this Agreement, shall remain in effect for
the period in which We provide Services to You. Where
not prohibited by applicable law, We reserve the right to discontinue Service,
limit Service, or to impose requirements without prior notice to You: (1) if
required to meet changing regulatory or statutory rules and standards; (2) when
such rules and standards have an adverse material affect
on the business or economic feasibility of providing Service, as determined by
Us; (3) if We detect fraudulent use of Our Services; (4) if We are ordered or requested
to by a governmental entity; and (5) if Your equipment may adversely affect Our
service to others. We may terminate this Agreement in whole or in part if We give You fifteen (15) days’ advance written notice that
You have not performed a material term of this Agreement and You do not correct
the failure within the fifteen (15) day period. If this right of termination is
not permitted by applicable law, We may terminate this
Agreement in part as may be permitted by applicable law. You may terminate this
Agreement in whole or in part at any time by giving Us
written or oral notice. If You terminate the Agreement
or the Services, You will pay all Charges due to Us under the Agreement through
the date of termination.
VIII.
Compliance with Law and Choice of Law
You and We will
comply with all applicable laws, rules, regulations, ordinances, orders, and
decrees in performing this Agreement. You may be subject to refusal, suspension
or cancellation of Service, without prior notice, in order to permit Us to comply with any order or request of any governmental
authority having jurisdiction. This Agreement will be construed in accordance
with, governed by, and subject to the domestic laws of the State of California.
In case of conflicts in these laws, rules, regulations, ordinances, orders, and
decrees and the terms of this Agreement, the laws, rules, regulations, ordinances,
orders and decrees will take precedence.
IX.
Assignment and Successors
Without Your
consent, We may assign all or part of this Agreement
including Our rights to receive monies under this Agreement. You shall not
assign, subcontract, sublet, or transfer this Agreement, in whole or in part,
without Our written consent. Any assignment, subletting,
transfer, or subcontracting in violation of this paragraph shall be void.
Subject to the preceding paragraph, this Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties.
X.
Changes in Services, Charges and
Terms and Conditions
All Services We
provide are subject to Our business policies,
practices, and procedures, which can change without notice. We will notify You of any material change in this Agreement, in Your Services,
or of an increase in Charges prior to the billing period in which the changes
would go into effect. Notification of the change in Charges may be in the form
of a bill insert or by a message within Your invoice;
by postcard or letter; by Our calling and speaking to You or leaving a message
for You; by postings on Our Internet web site at www.robiechek.com; or by
e-mail, with Your consent. Payment of Charges by You or continued use of
Services after You receive notice will constitute
agreement by You to the changes.
XI.
Severability
If any of the
terms or conditions in this Agreement is held to be invalid or unenforceable by
a government body of competent jurisdiction, the holding shall not affect any
other term or condition of this Agreement, and the Agreement shall be construed
as if it did not contain the invalid or unenforceable term or condition.
XII.
Entire Agreement
This Agreement
supersedes all prior representations, understandings, or agreements on the
subject matter of this Agreement. This Agreement may not be modified or waived
except as described in this Agreement. With respect to all matters arising under
this Agreement, this Agreement is a contract between You
and solely the entity that provides the Service to You.
Certified, Insured, Bonded, and Licensed. E &
O (Errors and Omissions) Insured.
All payments for services rendered must be received within 30 days of closing. 5.00 % Late Fee Applies to payments over 35 days as well as reasonable legal fees.