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«Dear Signing Agent: Enclosed please find the signing agent application that we require to be completed prior to completion of any work on behalf of ...»

-- [ Page 1 ] --

501 MAIN STREET, ARKADELPHIA, AR 71923

TELEPHONE: (870) 246-8081 – FAX: (870) 246-2117

Dear Signing Agent:

Enclosed please find the signing agent application that we require to be completed prior to

completion of any work on behalf of Capstone/Pioneer Settlement Services. In order to

successfully work with Capstone/Pioneer Settlement Services, it is important that signing agents

are readily accessible, communicate any potential problems that arise before, during, or after each settlement, immediately report the completion of each signing, and return the documentation via our overnight shipping provider the day of each signing.

We appreciate your interest in completing our application and working with us. Please note that in order to be paid as a Capstone/Pioneer Settlement Services vendor, our application, including a signed W-9 form, is required. Capstone/Pioneer Settlement Services requires the completion of the documents listed below prior to your approval to be included in our vendor network. If you have other agents working for you, each one must fill out these forms individually. If you are not permitted to provide any of these items due to state law, please make a note and omit the item.

Signed Agreement  Signing Agent Application  Copy of Government Issued Identification (must be current)  Copy of Notary Certificate/Oath/Appointment (must be current)  Copy of Notary Seal/Stamp (must be current)  E & O, Surety and/or Notary Bond (provide copy – minimum $25,000)  Completed Background Check Consent  W-9  Schedule of Fees  FILE (office use only) __________ General Information Company Information (if applicable):_________________________________________________________

Contact Name:______________________________________________________________________________

Company/Individual (as shown on W-9):______________________________________________________

Business Address:_____________________________________________________________________________

City:____________________________________ State:_________________________ Zip:________________

County:____________________________________________________________________________________

Billing Address: (if different from above):_______________________________________________________

City:____________________________________ State:_________________________ Zip:________________

County:____________________________________________________________________________________

Phone:____________________________________________________________________________________

Fax:_________________________________________________________________________________________

Cell (required):_____________________________________________________________________________

Alternate Phone:___________________________________________________________________________

Alternate Phone 2:___________________________________________________________________________

E-mail:_____________________________________________________________________________________

Alternate E-mail:_____________________________________________________________________________

Certifications/Additional Information:_________________________________________________________

_____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

___________________________________________________________________________________________

_____________________________________________________________________________________________

___________________________________________________________________________________________

Additional Employees and/or Subcontractors:

If you have multiple agents on your staff, please list their names below and provide a completed and signed application for all that will be handling signings on behalf of Capstone/Pioneer Settlement Services.

Name:_____________________________________________________________________________________

Name:_____________________________________________________________________________________

Name:____________________________________________________________________________________

–  –  –

HOURS:______________________________________________________________________________________

Please list any additional languages spoken:__________________________________________________

How many years of experience do you have? _______________________________________________

How many signings have you completed? ____________________________________________________

References:

Please list 3 customer references: (Name, Phone Number, Company Name) 1._________________________________________________________________________________________

2._______________________________________________________________________________________

3._______________________________________________________________________________________

Disciplinary Action (if you answer yes to any of the questions attach an explanation)

–  –  –





PLEASE SEND ALL ITEMS AS A PDF ATTACHMENT VIA E-MAIL TO ____________ or FAX: (870) 246Thank you very much, Capstone/Pioneer Settlement Services Vendor Management Team

SIGNING AGENT (SUBCONTRACTOR) AGREEMENT

AGREEMENT made as of the date set out below, between CAPSTONE/PIONEER SETTLEMENT SERVICES, located at 501 Main Street, Arkadelphia, AR 71923, hereinafter referred to as “CAPSTONE” and ________________________________________________, and its AGENTS, doing business at ______________________________________________________________________, hereinafter referred to as “SIGNING AGENT.” WHEREAS, CAPSTONE is engaged in real estate signing services for third party clients.

WHEREAS, the SIGNING AGENT desired to provide real estate signing services as set out in Exhibit A (“STANDARD PROCEDURES FOR COMPLETION OF ORDERS”) to CAPSTONE clients, and is licensed to provide such services in various geographical areas as set out in Exhibit B (“SIGNING AGENT DATA SHEET”) in which CAPSTONE conducts its business.

The parties agree as follows:

1. AGREEMENT AND NATURE OF SERVICES: CAPSTONE agrees to retain the SIGNING AGENT in a non-exclusive Agreement as an independent subcontractor to provide real estate signing services. SIGNING AGENT agrees to provide such services upon the terms and conditions of this Agreement. In performing the services specified in this Agreement, it is the parties’ intent that the SIGNING AGENT shall be acting solely as an independent contractor, practicing his/her profession, and will perform such services in accordance with currently recognized industry methods, standards and practices.

2. TERM: This Agreement commences on the dates set out below and will continue until terminated by either party in writing by giving thirty (30) days prior written notice to the respective party.

3. EXPENSES: The SIGNING AGENT shall pay all out-of-pocket expenses necessary in the performance of the services contracted for. These expenses shall customarily include fees and other costs associated with professional designations and organizations, and any other expenses incurred during the normal course of business by the SIGNING AGENT. The SIGNING AGENT releases CAPSTONE from any liability or payment obligation with regard to social security taxes, state disability, unemployment insurance, and workers’ compensation insurance (collectively “SIGNING AGENT costs”). It is clearly intended and agreed to by the SIGNING AGENT, that the SIGNING AGENT shall bear 100% of the SIGNING AGENT costs and the payment thereof. It is also clearly intended that the SIGNING AGENT is not an employee of CAPSTONE, and that the SIGNING AGENT is personally responsible for satisfying all federal and state employment related expenses and filings, taxes and insurance coverage.

4. FEES: All fees, which are charged or collected from third parties by CAPSTONE for the services of real estate signing services contracted for, shall be the sole and exclusive property of CAPSTONE.

5. BACKGROUND CHECK: The SIGNING AGENT agrees to allow CAPSTONE to conduct a background check on the SIGNING AGENT should they deem it necessary and the authorization attached as Exhibit C is fully executed.

Agent Name:______________________________________________________________________________

6. PAYMENT OF SERVICES: Payment will be forwarded to SIGNING AGENT within thirty (30) days of CAPSTONE’s acceptance of a completed order. CAPSTONE will determine whether an order is satisfactorily completed based upon its sole discretion. Any dispute regarding payment must be made by written notice within sixty (60) days of the date of the purported completion of work. Completed orders will be determined in regards to work that is completed as set out in the statement of work attached as Exhibit A.

7. LIABILITY INSURANCE: The SIGNING AGENT agrees to maintain a professional errors and omissions liability insurance policy, in the minimum amount of $25,000.00 in aggregate, during the entire term of this agreement.

8. TRANSPORTATION INSURANCE: The SIGNING AGENT shall be responsible to maintain adequate transportation insurance and utilize safe vehicle transportation at all times.

9. APPEARANCE: The SIGNING AGENT will appear in professional attire, maintain an exemplary attitude, and be drug, alcohol, and hazard free.

10. NOTICE OF ABSENCE AND/OR RELOCATION: In the event that the principal named as the SIGNING AGENT will be absent or relocate from his/her primary place of business for any reason that will affect the SIGNING AGENT’S performance hereunder, the SIGNING AGENT will promptly notify CAPSTONE of such absence and/or relocation.

11. GRAMM-LEACH-BLILEY ACT: To the extent that regulations promulgated under the GrammLeach-Bliley Act, §15 U.S.C. 1608, et seq. (“G-L-B”) or any other relevant law requires additional or modified security, privacy, or confidentiality agreements between a financial institution and CAPSTONE as a vendor, each party including SIGNING AGENT agrees that it will execute such additional or modified agreements as required. Each party will make a good faith effort to ensure that any additional or modified agreements comply with the requirements of G-L-B, any implementing regulations, or any other relevant law, but neither party warrants that such modifications will be in legal compliance with G-L-B.

12. RELATIONSHIP BETWEEN PARTIES: Nothing contained in the Agreement shall be construed as establishing a partnership, agency, employment or joint venture between the parties. The SIGNING AGENT shall have no authority to bind CAPSTONE by any promise or representation unless specifically authorized to do so in writing by CAPSTONE. In no respect shall the SIGNING AGENT be considered, under the provisions in this Agreement or otherwise, as having an “employee” status or being entitled to participate in any plans, arrangements, or distributions by CAPSTONE pertaining to or in connection with any pensions, stock, bonus, profit sharing or similar benefits for CAPSTONE’S employees. SIGNING AGENT should consult with their local licensing authorities to determine if local regulation allows them to offer their services to CAPSTONE.

13. CONFIDENTIALITY: SIGNING AGENT on its own behalf and on behalf of its personnel, agrees that any and all Confidential Information is and shall remain the property of the Disclosing Party, shall be held in strict confidence by SIGNING AGENT and its personnel, shall not be used for the SIGNING AGENT’S own or any other person’s advantage to the disadvantage of the Disclosing Party, and shall not be used other than to perform this Agreement. SIGNING AGENT, on its own behalf and on behalf of its personnel, may disclose Confidential Information to any third person only with the prior written consent of the Disclosing Party; provided, however, that SIGNING AGENT may disclose Confidential Information to third persons in connection and in accordance with the discharge of its obligations under this Agreement. Except as required by applicable Agent Name:________________________________________________________________________________

law, SIGNING AGENT, on its own behalf and on behalf of its personnel, agrees to keep any and all information confidential with respect to the pricing of services. “Disclosing Party” means CAPSTONE, an affiliate thereof or any financial institution (“Financial Institution”) which discloses Confidential Information to SIGNING AGENT. “Confidential Information” means all technical, business, personnel, taxpayer or other information, including, without limitation, Financial Institutions(s), CAPSTONE, customer, or client information; however, communicated by a Disclosing Party to SIGNING AGENT, relating to past, present or future research, development, and business activities of the Disclosing Party. Confidential Information shall not include information which (I) is or becomes available to the public other than by the acts or omissions of SIGNING AGENT or its personnel;

(II) was known by SIGNING AGENT prior to the disclosure of the same by the Disclosing Party, and was not obtained from any person in violation of an obligation of confidentiality to the Disclosing Party; or (III) is required to be disclosed pursuant to applicable law or legal process.



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