Disclosures
“Additional Fee” means a Fee for Services or add-ons performed by Concierge Notary Services upon request. Services subject to an Additional Fee may include, but are not limited to, an additional Seal, an additional Signatory, an Concierge Witness, and per-Document fees.
“Affiliate” means any legal entity controlled by, controlling, or under common control with a party to the Agreement.
“Apostille Service” means a Service Concierge Notary Services offers to Users with documents requiring authentication from the New York Department of State.
“Applicable Electronic Signature Law” means, for Services involving a Notarization, the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq. (“ESIGN”) as well as Applicable Notary Law concerning electronic signatures or Remote Online Notarizations.
“Applicable Notary Law” means those laws of a Notary User’s commissioning jurisdiction which apply to authorization, performance, or validity of traditional or Remote Online Notarizations.
“Attorney” means any individual licensed by a state bar authorized to practice law.
“Business” means a business or non-profit organization, educational institution, or other legal or government entity.
“Business Hours” is the operational time Concierge Notary Services is available for Users to receive or reserve Services.
“Cancellation” means the termination of scheduled Services either by the User or by Concierge Notary Services, incurring a fee to the User in the original estimate for Services.
“Capacity” means a specified volume of Services as defined on (a) an Invoice or (b) the Site.
“Capacity Fee” means a Fee paid to consume the Capacity.
"Command Center" means a package of enterprise administration features on the Platform.
"Concierge Notary” or ”Mobile Notary" means a trained independent contractor who performs traveling notary services on behalf of Concierge Notary Services.
“Concierge Notary Services” means Concierge Notary Services, LLC, a New York Limited Liability Company, with a mailing address at 534 W 112th Street, Unit #250644, New York, NY, 10025.
"Concierge Witness" means a person independently contracted by Concierge Notary Services to serve as a witness for notary transactions either in person or remotely.
“Confidential Information” means information obtained by a Receiving Party in connection with the Services which concerns Disclosing Party’s business or operations that (a) is identified by a “CONFIDENTIAL” legend or similar legend of the Disclosing Party or (b) the Receiving Party knew or should have known should be treated as confidential given the circumstances of its disclosure, and includes inventions, specifications, drawings, models, samples, reports, plans, marketing materials, financial information, work-in-progress, forecasts, computer programs or documentation, know-how, strategies and all other nonpublic technical, financial, or business information. Proof Confidential Information includes the Proof IP, and User Confidential Information includes User IP.
“Consulting and Support Services” means the implementation, general consultancy, computer systems analysis, design, programming, training, project management, support, and any related services that Concierge Notary Services provides to a Subscriber as described in an Invoice or Receipt.
“Consulting and Support Services Fee” mean a Fee for Consulting and Support Services as specified on (a) an Invoice or (b) the Site. A Consulting and Support Services Fee can be a One Time Fee, a Periodic Fee, or a Service Enhancement.
“Corporate Client” means a User requiring service for corporate and/or business use, and where the services are rendered inside of the client’s place of business (including home office) or other authorized corporate or business property. This also includes reservations made on behalf of corporate employees and/or corporate officers.
“Defend” means an identity risk analysis service that a Subscriber may use to evaluate a User for potential fraud.
“Deposit” means any partial or full payment a User has made in contemplation of receiving scheduled or unscheduled Services.
“Digital Certificate” means an X.509 certificate based in IETU standard used to digitally sign documents.
“Document” means a document in paper or digital form that a User presents to be signed, notarized, or otherwise used in connection with a Transaction or other Services.
“Electronic Notarial Records” means the audio-visual recording of a Transaction and any other information required by Applicable Notary Law for inclusion or retention in the electronic journal of notarial acts.
"Enterprise Data Encryption” means the encryption keys that a Subscriber holds for their own data on the Platform.
“External Document” means a User’s document that is received in person or digitally.
“Fees” means all fees a User or Subscriber pays to Concierge Notary Services for Services as described on the relevant Invoice or Receipt.
“Identify” means verification of a User’s identity using commonly accepted methods and laws.
“Individual” means a User requiring services for individual use only. Individual Services must be rendered at a private residence, hospital, or other non-corporate private or public location.
“In-House Notary” means a notary who is employed full-time by Concierge Notary Services.
“Intellectual Property Rights” collectively means any and all rights, title and interest to intellectual property (including, all patents, patent registrations, business processes, copyrights, database rights, moral rights, trademarks, trade names, service marks, service names, trade secrets and other Confidential Information, know-how or other similar rights arising or enforceable anywhere in the world and including any applications or rights to take action for infringement) in any system, software (including source and object code), inventions, documentation, data, content, design, method, process, device, algorithm, improvement, concept, or other material or technology, including any derivative works.
“Lender” is a lender User who receives Real Estate Services.
“Loan Signing Service” is a RE Service offered by Concierge Notary Services for individuals and title or loan companies.
“Notarize”/”Notarization” means an authorized notarial act performed by a Notary in accordance with Applicable Notary Law.
“Notary” means an individual commissioned or authorized by the United States or any state, commonwealth or territory of the United States to perform Notarizations.
“Notary Business User” means a Notary User who accesses or uses the Platform to provide Notarizations or other services to Notary Customers.
“Notary Customer” means a User who uses the Services provided by the Site for the purpose of providing Notarizations or other services directly to the User.
“Notary Journal” means the written record containing pedigree and document information that a Notary keeps after notarizing an individual and/or witnesses.
“Notary Signing Agent” means a background-checked and specially trained notary who performs Loan Signing Services for companies and individuals.
“One Time Fee” means a Fee paid one time for a Service as specified on (a) an Invoice or (b) the Site.
“Services” means all of the services Concierge Notary Services offers via the Platform.
“Service Enhancement” means a variable Fee for a Service paid on a per-use basis.
“Service Date” means the date Services begin and is (a) listed Invoice or (b) the date Subscriber activates a Subscription Plan for those Services by paying Fees on the Site.
“Invoice” means any Concierge Notary Service request or payment for Service executed by the parties for the purchase of Services and into which these Terms are incorporated.
“Miscellaneous Fee” means a Fee for Services consumed that exceed expectations as reflected on (a) an Invoice or (b) the Site.
“Periodic Fee” means a Fee to be paid on a periodic basis as specified on (a) an Invoice or (b) the Site.
“Platform” means, collectively, (a) the Sites, (b) the Services, (c) Concierge Notary Content, (d) the Concierge Notary System, and all modifications, additions, or enhancements of any of the foregoing.
"Platform Access Fee" means a fee a User or a Subscriber pays to Concierge Notary Services for access to the Platform.
“Concierge Notary Content” means all information, documents, writings, images, works, or other material that User accesses through the Platform, excluding User Data.
“Concierge Notary System” means the software, business rules, methods, data, know-how, technology, and related user documentation developed or acquired by Proof to enable the Services it provides to Users.
“RE” means real estate.
“RE Network” means the network of investors, insurers and service providers, including but not limited to title agents, underwriters and secondary market participants, who collaborate in efforts to complete real property and mortgage transactions processed through the Platform.
“Reservation” means the scheduled appointment time-window for Services performed by Concierge Notary Services lasting for 30 minutes from the reserved start time.
“RE Services” means any services and functionalities offered or facilitated by Proof on the RE Platform and provided to a User in connection with a Transaction relating to real property.
“Remote Online Notarization” or “RON” means an electronic Notarization performed by a Notary using audio-video communication technology.
“Seal’ or “Stamp” means the information contained in a notarized record that confirms the commissioning information of a Notary and makes the notarial act official.
“Security Incident” means any unauthorized third-party access to or processing of any User Data, which affects the confidentiality, integrity, or availability of User Data.
“Services” means all services offered or facilitated by Concierge Notary Services.
“Session” means one meeting with a Notary for purposes of performing a RON.
“Sign(ing)” means the wet-ink signature of a document by a User of Concierge Notary Services’ Services.
“Site" means the Concierge Notary Services website.
“Subscriber Data” means information provided by Subscriber as part of a Transaction, and includes Personal Information, Confidential Information, payment information, identity information, credentials, biometric information and documentation, and Transaction Documents. Subscriber Data does not include Notarial Records or other information obtained or recorded during a Transaction, Subscriber activity metadata associated with a Transaction (such as Document uploads, accessing the platform, reviewing, signing, and move annotations).
“Subscriber Link” means a web address link (URL) provided by Concierge Notary Services.
“Supplement” means a document containing supplemental terms and conditions applicable to Services, Users, and use cases as specified in the Agreement.
"Support Services” means the additional and incidental support Services offered on the Platform that Concierge Notary Services provides to Subscribers as more fully specified on the Invoice and Site.
“Third-Party Software” means any third-party software program or service described on the Platform or in an Order Form, including those offered to User in connection with the Services, subject to any applicable additional terms in the Invoice or otherwise required by Concierge Notary Services.
“Title Agent” is a title, settlement, or escrow User who provides RE Services.
“Transaction” means (a) a request for Identify services, (b) a singular Session of Notary Service, (c) a request for Apostille Service, (d) a request for Loan Signing Services, (e) a request for Marriage Officiant Service, (f) or a request for Support Service. The Transaction will be performed as described on the Invoice or the Site and conducted through the Platform.
“Transaction Fee” means a variable Fee for one Transaction separate from the cost of services charged by credit card.
“User Data” means information provided by User as part of a Transaction, and includes Personal Information, Confidential Information, payment information, identity information, credentials, biometric information and documentation, and Transaction Documents. User Data does not include Notarial Records or other information obtained or recorded during a Transaction, User activity metadata associated with a Transaction (such as Document uploads, accessing the platform, reviewing, signing, and move annotations).
“User System” means the information technology infrastructure User must obtain, at User’s expense, to access and use the Platform or Services.
“Variable Rate Pricing” means any services rendered after business hours, on holidays, at non-Manhattan locations, and/or any other time where business hours are not in effect will incur variable rate pricing for any service rendered.
“Waiting Fee” means a prorated fee charged for every minute of waiting after a Concierge Notary arrives for a Reservation time.
“Zoning Fee” means a location-based fee assessed in addition to Services and specific to a signer’s location in New York City and State at the time of the Signing.
Updated on May 17, 2024