Terms of Service

TERMS OF SERVICE


Updated January 16, 2024


These Terms of Service ("Terms") dictate the usage and access of any products or services collectively referred to as the "Service," which are available through the website https://notarylink.ca (the "Website").


These Terms are applicable to: (a) "Visitors," denoting those who visit and use the Service without having requested it yet; and (b) "Customers," referring to those who have placed an order for the Service.


In the context of these Terms, both Visitors and Customers may be addressed as "you" and "your," while NotaryLink may be identified as "Notary Link Inc," "we," "our," or "us."


Upon visiting NotaryLink, its related or affiliated websites, booking pages, and/or scheduling tools, and when making, scheduling, canceling, or otherwise requesting an appointment with NotaryLink, you acknowledge and agree to comply with the provided terms and conditions.


1. ELIGIBILITY AND ACCESS"


1.1 Age Requirement:

If you are under 18 years of age or the legal majority age in your jurisdiction, you must not use our Service unless supervised by a parent or legal guardian who agrees to abide by these Terms. As a parent or legal guardian of a minor, you accept full responsibility for the minor’s actions or omissions related to our Service.


1.2 Authorization for Organizations:

If you are accepting these Terms on behalf of an organization or entity, you affirm that you have the authority to agree to these Terms on their behalf and bind them to these terms. In this case, the terms "you" and "your" in these Terms (excluding this sentence) refer to that organization or entity. By certifying that you are legally permitted to use the Service, you acknowledge full responsibility for the selection, access, and utilization of the Service.



2. YOUR RESPONSIBILITIES


2.1 Waiver:


By utilizing the remote online notary services provided by NotaryLink ("RON Services"), you agree to comply with the specified terms and conditions.


I hereby acknowledge and agree to the following terms:


I acknowledge and agree that:


  • No lawyer-client or paralegal-client relationship is established between NotaryLink and myself through the RON Services.
  • I have not received, nor have I sought, any legal advice from the Notary Public, NotaryLink, or any NotaryLink affiliates regarding the content of my document(s) and/or RON Services.
  • The responsibility, if any, for providing legal advice and counsel remains with my own lawyer, paralegal, solicitor, or attorney, if any, and where applicable.
  • Under any appointment or RON Services type, the Notary is consistently and exclusively acting in their capacity as a Notary Public, and not in any role as a lawyer, paralegal, legal counsel, or attorney.


I hereby release Notary Link Inc. (which includes their directors, officers, related or affiliated corporations, insurers, servants, agents, employees, assigns, successors and administrators) and the designated notary involved in providing notarial services from any and all liabilities arising from this transaction, provided the notary/commissioner acted in good faith.


I understand that I am not receiving legal advice or services, and therefore, any documents presented for notarization are not protected by lawyer-client or paralegal-client confidentiality.


I acknowledge and consent to the electronic storage of my notarized/commissioned documents and identification (if any) on our service provider's secure servers for three years. After this period, I authorize the irrevocable destruction of this electronic copy, encrypted using Boxcryptor (or a similar service).


I confirm my identity, providing accurate and lawful government-issued identification.


I am aware that providing false identification or impersonating another person is a criminal offense, punishable by law.

I confirm:


(a) The document(s) I wish to be notarized is the original, or if it is a copy, I shall inform the notary; and/or

(b) The document I wish to be witnessed or commissioned is fully completed and will not be altered after the notary affixes their seal.


I understand that providing accurate information is my responsibility for Notary Link Inc. to render their services.


I agree that all legal claims must be filed within one year of any alleged wrongdoing.


I agree that, notwithstanding other provisions in this agreement, if a court finds Notary Link Inc. or an affiliated notary liable for services, such liability is limited to the transaction amount.


I consent to Notary Link Inc. sending me a non-encrypted copy of my notarized documents via email.


I hereby acknowledge and agree that:


My document will be digitally commissioned/signed/executed, and all signatures will be applied digitally.


The Notary Public's seal/stamp will be digitally applied, and no physical paper copy will be generated by NotaryLink, its affiliates, agents, or authorized representatives.


Each instance of the Notary Public adding their digital signature and seal constitutes a digital notarization, and charges will be applied accordingly. For clarity, please refer to our prices.


2.2 Responsibility for Acceptance:


I am responsible for determining if the Service suits my needs. Some transactions may require physical signatures or in-person notarization. By using the Service, you agree to eSignatures.  It is my responsibility to ensure that the recipient of my digitally/electronically signed and/or digitally notarized document will accept the digital/electronic signature and digital notarization.


I confirm that the document(s) do not necessitate an in-person pen and paper notarization.


I am responsible for ensuring that I have the correct form/document and any accompanying documentation for my intended purpose.


I am also responsible for ensuring that my document/form is fully and accurately completed.


NotaryLink does not review documents, monitor transactions, or provide legal advice. It's your responsibility to ensure the Service meets legal requirements and serves your intended purpose. NotaryLink is not liable for rejection or unenforceability of digital signatures or electronic notarization.


3. PRIVACY POLICY AND CHANGES TO THESE TERMS


By utilizing the Service, you consent to our Privacy Policy, dictating how we collect and utilize the information you provide when accessing or using the Service.


Updates to Terms:


We retain the right to modify these Terms entirely or partially at any time at our discretion. The "Last Updated" section at the top of this page notifies you of the last modification date. It is your responsibility to regularly check this page for updates and stay informed about any changes.


4. OUR DISCLAIMER:


4.1 "As is" and "As available" Service:


Your use of the website, its content, and any service or items obtained through the service is at your own risk. The service, its content, and any items obtained are provided on an "as is" and "as available" basis, without any warranties, whether express or implied. NotaryLink and its affiliates make no warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the service. NotaryLink does not guarantee that the service, its content, or any items obtained will be accurate, error-free, or uninterrupted. Digital signatures or electronic notarization may not be accepted by third parties for your intended purpose.


4.2 Refund Policy:


Due to the irreversible nature of digital software products, all products, including digital certificates and eSeals, are sold 'as-is' and are non-refundable. You recognize that NotaryLink only grants full refunds in the event of a verifiable error caused by NotaryLink, which cannot be resolved by re-notarizing the document(s) through an in-person notary public within the NotaryLink's network of local notaries. NotaryLink does not guarantee acceptance of digital certificates or eSeals by third parties.  All sales are final, except in instances decided on a case-by-case basis.


Refund Scenarios:


The following outlines some common refund scenarios and their corresponding refund policies:

Type of Issue Description Policy
Company Error Your NotaryLink notary public makes a mistake or oversight (i.e., incorrect date, name) on the document, resulting in the recipient rejecting the document. You must provide written proof of the rejection. NotaryLink e-notarizes the document for resubmission to the recipient. If the document is rejected a second time, a 100% refund is granted.
Client Error Your document is considered prohibited (ID/Passport, Physical documentation) and requires a wet-ink signature. If you choose not to arrange a new appointment within our notary network and we are unable to schedule one due to the unavailability of notaries in your area, you will receive a full 100% refund. Additionally, if the same appointment is rescheduled three or more times, it may result in certain conditions being applied. Receive a partial refund, with a deduction of a $10 service/cancellation fee, or opt for a full refund by promptly booking a new signing appointment within our in-person notary network.
Document rejected by recipient The document was rejected by the recipient. You notified NotaryLinnk within 48 hours of the rejection and provided written proof of the rejection. Upon reviewing proof of the rejection of the document, NotaryLink will contact the recipient to advocate for the authenticity of the document. If the recipient refuses to accept the document, and in-person notary service is not possible, a 100% refund will be applied. Any rejection of a document that is older than 90 days is not eligible for a refund but may undergo re-notarization at a discounted rate, dependent on our discretion.
No-show with prepaid appointment You fail to join or attend the scheduled appointment. This is considered a “no show” and is non-refundable. You have the option to reschedule the appointment to complete service.
Client Cancellation You canceled your appointment with either more or less than 48 hours’ notice and did not rebook A 100% refund is granted if canceled more than 48 hours before the appointment time. A full refund less a $10 service/cancellation fee is issued if canceled less than 48 hours before the appointment time.

4.3 Attendance Terms & Conditions:


Our time and yours are valuable resources, and when you schedule an appointment with us, we commit to dedicating that time exclusively to your notarization needs. This commitment prevents us from accommodating another client during that time slot. In the event of a no-show, we lose the opportunity to serve another client who is willing to pay for our services at that specific time.


By agreeing to book any appointment with NotaryLink, whether through phone, text message, email, in person, or the online booking form, all clients acknowledge and agree to the following terms:


No Show Policy:


If you fail to show up for your scheduled appointment without providing advance notice to NotarlyLink, we may take one of the following actions:


Invoice you the cost of one document notarization (refer to our prices) as payment for the missed notarization. Invoices will be sent via the Stripe payment service, and payment can be made by credit card or e-transfer.


If you pre-paid for your service, including Remote Online Notary services, NotaryLink will not provide a refund and will retain your payment unless you contact NotaryLink to explain the reason for missing the appointment.


Cancellation Policy:


We recognize that plans can change, and unforeseen circumstances may arise.


100% refund if canceled more than 48 hours before the appointment time.


Full refund, less a $10 cancellation fee, if canceled less than 48 hours before the appointment time.


Failure to provide adequate notice (such as calling after your scheduled appointment) may result in NotaryLink issuing a No Show invoice.


Rescheduling Policy:


If you are unable to attend an appointment but provide advance notice of your desire to reschedule, NotaryLink will permit one (1) rescheduling without issuing a No Show invoice. Subsequent cancellations or no-shows will result in NotaryLink issuing a No Show invoice.


4.4 Viruses or Destructive Code:

NotaryLink cannot guarantee that files available for download from the internet or the service will be free of viruses or destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and maintaining a means for data reconstruction. NotaryLink is not liable for any loss or damage caused by viruses or technologically harmful materials.


4.5 No Legal Advice:


Any information provided regarding laws or regulations related to the Service is for general informational purposes only and is not a substitute for legal advice. NotaryLink is not a law firm, does not provide legal advice, and is not licensed to practice law.


4.6 Third-Party Services:


NotaryLink is not responsible for information or services provided by third parties. Some components of the service may be offered by third parties, and your interaction with them is subject to their terms and policies. NotaryLink does not guarantee third-party information, materials, products, or services. The operation or content of third-party websites or services is not our responsibility.


(a) Generally: Some elements of the Service may be furnished by third parties, encompassing services like audio-visual recording, notarial acts, and identity authentication. Occasionally, these third-party services are co-branded with NotaryLink. By providing information to or through a third party, you acknowledge that its terms, policies, and practices govern such information. NotaryLink does not provide any express or implied warranties regarding information, material, products, or services offered by third parties or available on third-party websites. NotaryLink holds no responsibility for the operation or content of third-party websites or services.


(b) Third-Party Notary Services: In addition to the terms outlined in Subsection (a), any individual presenting themselves as a notary with whom you communicate or transact during your use of the Service is a third party independently contracted, not employed, or controlled by NotaryLink. Information provided about such individuals is for convenience only and does not imply any warranty, endorsement, recommendation, or guarantee regarding the accuracy or completeness of information about the individual's: (a) certification or licensure; (b) compliance with applicable law or regulation; (c) availability; (d) quality of services; or (e) competence. 



5. OUR LIMITATION OF LIABILITY


OUR LIMITATION OF LIABILITY

5.1 Limitation and Exclusions of Liability:


Under no circumstance shall NotaryLink its affiliates, or their licensors, service providers, employees, agents, officers, or directors be held liable for any damages, regardless of jurisprudence and legal theory, arising from or in connection with your use or inability to use the service, linked websites, content on the service, or other websites, or any items obtained through the service or other websites. This encompasses reliance on third-party content, covering direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, emotional distress, loss of revenue, profits, business, anticipated savings, use, goodwill, or data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.


NotaryLink's overall liability to you or any third party for any cause of action related to these terms or your use of the website, whether based on contract, tort (including negligence), or any other legal or equitable theory, will not exceed the greater of: (a) $100; or (b) the total amount actually paid by you to NotaryLink for the service leading to the claim during the twelve (12) month period immediately preceding the date of the first event giving rise to the liability. The existence of multiple claims shall not expand this limit.


You acknowledge that you bear the entire risk for the use of the service and the accuracy, completeness, usefulness, and timeliness of the service or any of its information, products, or processes.


This provision does not impact any liability that cannot be excluded or limited under applicable law. Nevertheless, Section 6 shall be interpreted to restrict NotaryLinks' liability to the maximum extent permitted under applicable law.


5.2 Risk Allocation:


The parties mutually agree that the limitation of liability, disclaimer of warranties, and exclusion of damages outlined in these Terms is a sensible distribution of risk and an essential component of their agreement. Each provision is independent and separable, applying to any remedy ordered by a court, regardless of the court's determination of the effectiveness of any remedy provided hereunder.


6. INDEMNITY


You undertake to protect, indemnify, and absolve NotaryLink, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) asserted by third parties. These claims may arise from or be associated with your utilization of the Website or Service, encompassing, but not limited to, your use of third-party services, any violation of these Terms on your part, and your use of the Service in a manner not explicitly authorized in these Terms.


7. INTELLECTUAL PROPERTY RIGHTS


7.1 Ownership of the Service:


Notary Link Inc, its licensors, or other material providers own the entire contents, features, and functionality of the Service. This includes information, software, text, displays, images, video, audio, and their design, selection, and arrangement. These elements are safeguarded by Canadian intellectual property laws. You do not acquire any right, title, or interest in the Service, and all rights not explicitly granted are reserved by Notary Link Inc.


7.2 Feedback:


If you provide feedback to NotaryLink about the Service, you grant NotaryLink a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, incorporate, make, have made, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works, display, perform, and exploit such feedback without restrictions.


7.3 Prohibitions:


Except for user contributions you make, you must not reproduce, distribute, modify, create derivative works, publicly display, perform, republish, or transmit any material on our website or Service. If you grant unauthorized access, your right to use the Service will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. Any use not expressly permitted by these Terms is a breach of contract and may violate copyright, trademark, and other laws.


8. GOVERNING LAW


All issues arising from or connected to our Service or these Terms (including non-contractual disputes or claims) shall be governed by and interpreted by the laws of Ontario, Canada, disregarding any choice or conflict of law provisions or rules (whether of such provinceor any other jurisdiction). By agreeing to these Terms, you willingly submit to the personal jurisdiction and subject matter jurisdiction of such courts. Additionally, you waive any defenses related to lack of personal or subject matter jurisdiction and improper venue concerning the validity, enforceability, damages, and injunctions resulting from a breach of these Terms.


9. ENTIRE AGREEMENT


These Terms, along with our Privacy Policy, constitute the exclusive and comprehensive agreement between you and NotaryLink regarding the Service. They override all prior and concurrent understandings, agreements, representations, and warranties—whether written or oral—pertaining to the Service.



10. SMS


10.1. Consent for SMS Communication


By utilizing NotaryLink's services, you give your consent to receive SMS messages from NotaryLink for various purposes. These include, but are not limited to, account-related notifications, promotional offers, updates, crucial service information, and session invitations initiated by other parties. Messages may be sent to the mobile number provided during registration or any other contact information shared with us, including details provided by other parties for session invites.


This update ensures users are aware that they may receive SMS messages, including session invites, from other parties as part of their consent to SMS communication.


10.2. Message Frequency and Content


We aim to send SMS messages to you at a reasonable and necessary frequency. The content may include, but is not limited to, the following types:


Account-related information and alerts.

Promotional offers and discounts.

Important updates and announcements regarding our services.

Transaction and order confirmations.

Security and authentication codes.


10.3. Opt-Out Option


You have the right to opt out of receiving SMS communication from NotaryLink at any time. To do so, reply to the SMS message with the word “STOP” or follow the instructions provided. After opting out, you may still receive essential account-related messages, but promotional or non-essential SMS messages will cease.


10.4. Data and Message Rates


Standard message and data rates may apply based on your mobile carrier and plan. You are solely responsible for any costs associated with receiving SMS messages from NotaryLink.


10.5. Data Privacy and Security


NotaryLink is dedicated to preserving your privacy and ensuring the security of SMS communications. Any personal information shared via SMS will be treated according to our Privacy Policy. Refer to our Privacy Policy for details on data handling and security measures.


10.6. Third-Party Services


We may use third-party service providers to facilitate SMS communication. Your information may be shared with these providers solely for delivering SMS messages. We ensure these third-party providers comply with data protection laws and regulations.


10.7. Changes to SMS Communication


NotaryLink reserves the right to update these SMS communication terms at any time. Changes become effective upon posting on our website or notifying you through SMS. 



POLICIES & PROCEDURES


Key Terms Before Your Appointment:


Pricing: Each Notary Public Signature and Seal Equals One Notarized Document

Each Notary Public Signature and Seal represents one notarized document (one notarization), irrespective of the document's page count or the number of client signatures.


For instance, if a single document spans 10 pages and requires two NotaryLink signatures, NotaryLink deems this "Document" as two notarizations, and accordingly, the charge is for two notarized documents.


First Notary Signature and Seal = $32.99 plus HST

Each Additional Notary Signature and Seal = $21.99 plus HST

All prices are subject to change. Please refer to the current service prices for the most up-to-date information.


You authorize Notary Link Inc. to charge your payment method for the services we provide to you, including notary services, mailing services and authentication and legalization, and expenses we pay on your behalf, including Canada Post fees, courier fees and consulate / embassy fees. You understand that Notary Link Inc. may charge your payment method for any unpaid or overdue balances.


MANDATORY ID CARD POLICY:

Presentation of ID is required for all services.

At any service or meeting with NotaryLink or its representatives, it is mandatory to provide a valid, non-expired, government-issued photo ID (identification card) for inspection. The presented ID must be current and eligible for use.


FAILURE TO PRESENT A VALID PHOTO ID CARD PHYSICALLY DURING ANY APPOINTMENT WILL LEAD TO THE APPOINTMENT'S CANCELLATION.


Agreement to Receive Email Communications

By agreeing, you acknowledge your consent to receive email communications from NotaryLink and/or its partners, with the understanding that you retain the option to unsubscribe at any given time.


Privacy Agreement

By consenting, you acknowledge that copies/scans of your identification and notarized documents may be stored for compliance with the regulations of the applicable Law Societies in Canada and/or the United States.


Protection of Personal Information


By agreeing, you acknowledge that your personal information will be kept private and confidential, and it will not be disclosed to third parties unless expressly authorized herein.


Personal Information Collection in Accordance with PIPEDA


When utilizing our website, we may collect personal information from you through email or our online appointment request form.


"Personal information" encompasses data identifying an individual, such as your home address, telephone number, or personal email address.


Please note that "personal information" does not include business contact information, such as your name, title, position, or business address. We assume that the information provided through this site is business contact information unless you inform us otherwise. The information gathered via our website is utilized to enhance our communication with you, including responding to your inquiries, scheduling appointments, or delivering information that we believe may interest you. Additionally, we may share your information with those with whom we have commercial relationships to improve the technical, functional, and content aspects of our site.


Similar to other commercial websites, we track user trends and preferences using a browser feature called 'cookies.' Cookies, small text files containing unique identification numbers, are sent to your computer's hard drive to recognize you as a unique user. Aside from using cookies as described, we utilize Google AdWords Remarketing tracking cookies to display relevant ads based on your previous visits to our website. This allows us to extend our services to those who have shown prior interest in NotaryLink's services.


Cookies provide non-personal information, such as the Internet service provider domain name, the time and duration of your visits to our website, and the type of browser and operating system you use. However, we cannot collect personal information like names and addresses through cookies. Although most browsers are set to receive cookies automatically, you can reset your browser to notify you when a cookie is being sent or refuse all cookies. Users may also opt out of Google's use of cookies by visiting the Google advertising opt-out page.


Absence of Lawyer-Client or Paralegal-Client Relationship


By utilizing NotaryLink's services, you agree and recognize that no lawyer-client or paralegal-client relationship is established in any manner whatsoever. NotaryLink limits its services to administering oaths and affidavits, along with verifying the authenticity of signatures, marks, and copies of documents. We do not offer legal advice as part of our services. NotaryLink takes no responsibility for your choice of forms/documents or the completion thereof. It is understood that NotaryLink is not a law firm and is incapable of offering legal advice under any circumstances.


No Witness Assurance


You understand that Notary Link cannot ensure the availability of witnesses for in-person notary appointments.


Do Not Pre-Sign


You agree to refrain from signing your document before any online or in-person appointment. It is understood that you must execute the signature in the presence of the Notary Public.


Responsibility for Accuracy


You acknowledge and accept full responsibility, committing to ensuring the accuracy, completeness, and truthfulness of the contents of your document. It is understood that NotaryLink cannot provide assistance, advice, or guidance in completing or filling out document(s) under any circumstances.


Restricted Documents for Online Notarization


The following document require in person notary services and cannot be notarized online via video call:


  • Certified true copies of original physical paper/printed documents
  • Identification
  • A document of title (e.g. bill of sale, deed), except a contract of carriage (see s.31 of the Ontario Electronic Commerce Act, 2000)
  • Passport and Passport Applications
  • Trusts (including Testamentary Trust)
  • Negotiable Instruments (Cheque, Promissory Notes, Loan Agreements, etc)
  • Payment Bond or letter of credit
  • Wills and Power of Attorneys


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