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Agreement to Pay For Services

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[quote][i]Originally posted by mtomlinson[/i]
[br]I posted this an old thread but thought maybe it deserves more attention. I see posts from many of you who are having difficulty in collecting on invoices and trying to find sources for recourse against companies who are not paying on time or are no-pays. When you accept an assignment from a company they might have you sign an IC agreement but that is designed to protect them. You are left standing ing the dark with a verbal payment agreemnt or a printed copy of an email that is vaugely enforceable.

Why do we, as NSA continue to accept work under these terms? I don't!

When I receive a call from anyone and their terms are accptable I tell them that I will accept. I will put those terms in writing, I will email them the agreement and all they have top do is sign the agreement and send it back with the order. Once I recieve the order and the signed agreement they can consider the deal closed.

I have a template saved on my computers and as an editable doc on my Blackberry. I fill in their company name, address, price and net due by ??? date and press end. It's done. They either sign the agreement or they don't. If they won't sign I probably don't want to work with them anyway, right?

I have had very few issues with SS or TC not wanting to sign the agreement. In fact, most of them sound surprised if they are compnaies who I have not worked with before. But, you know what? They sign it. And they pay. On time. Every time. The ones who won't sign... Well, all I'm doing is saving my time, money and headaches.

Below is the agreement that I use. If you qould like a copy in doc or docx format, email me @ mtomlinson@midstatesnotaryservices.com
Some of the features and layout are not transferrable

AGREEMENT TO PAY FOR SERVICES

1. This Agreement is being made between ( INSERT NAME ), hereinafter referred to as the First Party or First Party�s which is a business and operates at( INSERT ADDRESS) and Mid-States Notary Services hereinafter referred to as Mid-States which operates a business at 432 West Acorn Street, Gardner, Ks 66030 . Mid-States is a mobile notary company who is acting as an independent contractor and has been retained by the First Party to receive documents, witness signatures, notarize documents and return said documents to the First Party or individuals other than the First Party who have been designated by the First Party.
2. This Agreement applies only to the following file. 
3. Borrower�s name or file number 
4. Mid-States will perform the following duties. 
a. Receive documents by (check option which applies) 
[u][/u]email [u][/u]fax [u][/u]pick up [u][/u]edoc [u][/u]borrower
b. Confirm appointment if at all possible with borrower. If unable to reach borrower will leave a message if possible with a return number so borrower can contact Mid-States.
c. Arrive at appointment location at least 5 minutes prior to appointment time.
d. Will contact First Party by phone or email, if required, at arrival to appointment location.
e. Witness signatures and notarize all documents properly.
f. Contact First Party upon completion, if required.
g. Will fax necessary documents to First Party or whomever they designate, if required. 
h. Will return documents by (check option which applies) email fax deliver mail overnight
i. Will follow all instruction given by First Party for the process and successfully complete the signing.
j. Will follow correct procedures as specified by the First Party and as required by state laws and regulations in order to successfully complete signing for the First Party. 
5. In exchange for services rendered, First Party agrees to pay Mid-States a fee of $[u][/u] which will satisfy any obligation First Party has to Mid-States for this particular signing. First Party agrees to pay all fees within [u][/u]days of successful completion of assignment. Mid-States will invoice the First Party within 3 days of the completion of the assignment by fax, email or USPS. Non-receipt of the invoice does not release First Party from its obligation to pay fees to Mid-States.
6. If there are any deductions which would reduce monies due Mid-States due to clerical errors, mistakes by the notary or negligence the reduction in fees will be outlined in the separate independent contractor�s agreement and the rate sheets/deduction schedule provided by the First Party. If there are no rate sheets provided by the party the fee listed in paragraph 4 is the agreed fee for services with no deductions allowed. The rate sheet/deductions schedule will be listed as the addendum, exhibit A, to this agreement and will be provided by the First Party.
7. Mid-States reserves the right to charge additional fees if, as a result of errors by the First Party, lenders, title companies, brokers, banks or escrow managers if Mid-States is required to make more than one trip or set more than one appointment to complete the assignment.
8. If the appointment with the borrower is cancelled at least 24 prior to the scheduled signing time by First Party, lenders, title companies, brokers, banks, escrow managers or borrower there will be no monies due Mid-States as a cancellation fee. 
9. If the appointment is cancelled with less than 24 hours notice by the First Party, lenders, title companies, brokers, banks, escrow managers or borrowers, the First Party agrees to pay Mid-States a cancellation fee of $50.00 payable within 15 days of the scheduled appointment. Mid-States will invoice the First Party within 3 days of the cancellation by fax, email or USPS. Non-receipt of the invoice does not release First Party from its obligation to pay fees to Mid-State�s.
10. This agreement is not intended to replace or nullify the existing independent contractor agreement between Mid-States and the First Party. It is intended to assist Mid-States in collecting monies due the company by signing agencies, title companies, lenders, brokers and banks. The independent contractor agreement will be listed as the addendum, exhibit B.
11. Furthermore, the First Party agrees to pay all funds promptly and without delay. If Mid-States does not receive the funds within the amount of time allotted in paragraph 4, Mid-States will impose an initial late fee of $25.00. Mid-States will also charge the First Party interest on any outstanding balance at the rate of 1.37% per month or the maximum allowed by law, whichever is less. 
12. First Party also agrees to be responsible to Mid-States for any expenses Mid-States incurs as a result of depositing instruments into their accounts which are returned by First Party�s financial institutions as non-payable due to insufficient funds or stopped payment.
13. First Party agrees to be responsible for any and all collection costs, legal fees and court costs Mid-States may incur during the course of collecting monies due from First Party due to non-payment.
14. This Agreement shall be interpreted in accordance with the laws applicable to Agreements executed and wholly performed in the State of Kansas (the jurisdiction). Any dispute or claim arising out of or in relation to the terms of this Agreement, in part or in whole, or any beach thereof, shall be resolved by the rules and laws of the Court of Johnson County, Kansas according to the procedures of the Jurisdiction's Governing Body. Such rules and procedures shall be considered to constitute a part of this Agreement by reference.
15. If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement.
16. A copy, reproduction or facsimile of this document will be deemed as worthy and binding as the original document.
17. This Agreement and the Attachments hereto constitute the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties, and covenants are merged herein. There are no warranties, representations, covenants, or agreements, express or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties.

Michael D. Tomlinson
[/quote]

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T O P I C R E V I E W
mtomlinson	Posted - 08/18/2010 : 12:36:10 PM I posted this an old thread but thought maybe it deserves more attention. I see posts from many of you who are having difficulty in collecting on invoices and trying to find sources for recourse against companies who are not paying on time or are no-pays. When you accept an assignment from a company they might have you sign an IC agreement but that is designed to protect them. You are left standing ing the dark with a verbal payment agreemnt or a printed copy of an email that is vaugely enforceable. Why do we, as NSA continue to accept work under these terms? I don't! When I receive a call from anyone and their terms are accptable I tell them that I will accept. I will put those terms in writing, I will email them the agreement and all they have top do is sign the agreement and send it back with the order. Once I recieve the order and the signed agreement they can consider the deal closed. I have a template saved on my computers and as an editable doc on my Blackberry. I fill in their company name, address, price and net due by ??? date and press end. It's done. They either sign the agreement or they don't. If they won't sign I probably don't want to work with them anyway, right? I have had very few issues with SS or TC not wanting to sign the agreement. In fact, most of them sound surprised if they are compnaies who I have not worked with before. But, you know what? They sign it. And they pay. On time. Every time. The ones who won't sign... Well, all I'm doing is saving my time, money and headaches. Below is the agreement that I use. If you qould like a copy in doc or docx format, email me @ mtomlinson@midstatesnotaryservices.com Some of the features and layout are not transferrable AGREEMENT TO PAY FOR SERVICES 1. This Agreement is being made between ( INSERT NAME ), hereinafter referred to as the First Party or First Party�s which is a business and operates at( INSERT ADDRESS) and Mid-States Notary Services hereinafter referred to as Mid-States which operates a business at 432 West Acorn Street, Gardner, Ks 66030 . Mid-States is a mobile notary company who is acting as an independent contractor and has been retained by the First Party to receive documents, witness signatures, notarize documents and return said documents to the First Party or individuals other than the First Party who have been designated by the First Party. 2. This Agreement applies only to the following file. 3. Borrower�s name or file number 4. Mid-States will perform the following duties. a. Receive documents by (check option which applies) email fax pick up edoc borrower b. Confirm appointment if at all possible with borrower. If unable to reach borrower will leave a message if possible with a return number so borrower can contact Mid-States. c. Arrive at appointment location at least 5 minutes prior to appointment time. d. Will contact First Party by phone or email, if required, at arrival to appointment location. e. Witness signatures and notarize all documents properly. f. Contact First Party upon completion, if required. g. Will fax necessary documents to First Party or whomever they designate, if required. h. Will return documents by (check option which applies) email fax deliver mail overnight i. Will follow all instruction given by First Party for the process and successfully complete the signing. j. Will follow correct procedures as specified by the First Party and as required by state laws and regulations in order to successfully complete signing for the First Party. 5. In exchange for services rendered, First Party agrees to pay Mid-States a fee of $ which will satisfy any obligation First Party has to Mid-States for this particular signing. First Party agrees to pay all fees within days of successful completion of assignment. Mid-States will invoice the First Party within 3 days of the completion of the assignment by fax, email or USPS. Non-receipt of the invoice does not release First Party from its obligation to pay fees to Mid-States. 6. If there are any deductions which would reduce monies due Mid-States due to clerical errors, mistakes by the notary or negligence the reduction in fees will be outlined in the separate independent contractor�s agreement and the rate sheets/deduction schedule provided by the First Party. If there are no rate sheets provided by the party the fee listed in paragraph 4 is the agreed fee for services with no deductions allowed. The rate sheet/deductions schedule will be listed as the addendum, exhibit A, to this agreement and will be provided by the First Party. 7. Mid-States reserves the right to charge additional fees if, as a result of errors by the First Party, lenders, title companies, brokers, banks or escrow managers if Mid-States is required to make more than one trip or set more than one appointment to complete the assignment. 8. If the appointment with the borrower is cancelled at least 24 prior to the scheduled signing time by First Party, lenders, title companies, brokers, banks, escrow managers or borrower there will be no monies due Mid-States as a cancellation fee. 9. If the appointment is cancelled with less than 24 hours notice by the First Party, lenders, title companies, brokers, banks, escrow managers or borrowers, the First Party agrees to pay Mid-States a cancellation fee of $50.00 payable within 15 days of the scheduled appointment. Mid-States will invoice the First Party within 3 days of the cancellation by fax, email or USPS. Non-receipt of the invoice does not release First Party from its obligation to pay fees to Mid-State�s. 10. This agreement is not intended to replace or nullify the existing independent contractor agreement between Mid-States and the First Party. It is intended to assist Mid-States in collecting monies due the company by signing agencies, title companies, lenders, brokers and banks. The independent contractor agreement will be listed as the addendum, exhibit B. 11. Furthermore, the First Party agrees to pay all funds promptly and without delay. If Mid-States does not receive the funds within the amount of time allotted in paragraph 4, Mid-States will impose an initial late fee of $25.00. Mid-States will also charge the First Party interest on any outstanding balance at the rate of 1.37% per month or the maximum allowed by law, whichever is less. 12. First Party also agrees to be responsible to Mid-States for any expenses Mid-States incurs as a result of depositing instruments into their accounts which are returned by First Party�s financial institutions as non-payable due to insufficient funds or stopped payment. 13. First Party agrees to be responsible for any and all collection costs, legal fees and court costs Mid-States may incur during the course of collecting monies due from First Party due to non-payment. 14. This Agreement shall be interpreted in accordance with the laws applicable to Agreements executed and wholly performed in the State of Kansas (the jurisdiction). Any dispute or claim arising out of or in relation to the terms of this Agreement, in part or in whole, or any beach thereof, shall be resolved by the rules and laws of the Court of Johnson County, Kansas according to the procedures of the Jurisdiction's Governing Body. Such rules and procedures shall be considered to constitute a part of this Agreement by reference. 15. If any provision in this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. 16. A copy, reproduction or facsimile of this document will be deemed as worthy and binding as the original document. 17. This Agreement and the Attachments hereto constitute the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties, and covenants are merged herein. There are no warranties, representations, covenants, or agreements, express or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of this agreement shall be in writing and executed by the contracting parties. Michael D. Tomlinson
1 L A T E S T R E P L I E S (Newest First)
pasignag	Posted - 04/03/2013 : 09:59:58 AM Is this still working for you? I am tired of the collection efforts. Time is money:)