1. Parties and acceptance
This Service Agreement (“Agreement”) is between ArcXet Group, Inc., doing business as Mobile Mark Notary (“Mobile Mark”) and the person or entity that requests services (“Client”). Client accepts this Agreement by typing a name as an electronic signature on a Mobile Mark request form, by signing the Service Order below, or by paying a Mobile Mark invoice. An electronic signature and electronic record of acceptance have the same effect as a handwritten signature (§668.50, F.S.).
Mobile Mark Notary is a fictitious name (d/b/a) of ArcXet Group, Inc. and is not a separate legal entity.
A person who accepts for a company, firm, or another individual represents that he or she is authorized to bind that party.
2. Definitions
- Service Order means Client's request, as confirmed by Mobile Mark's invoice or written confirmation, including the request number, services, fees, and estimated Government Charges.
- Service Fees means Mobile Mark's charges for notarial acts and for services other than notarial acts, such as travel, the online platform and session fee, rush and after-hours charges, waiting time, handling, and records service fees.
- Government Charges means recording and indexing fees, documentary stamp tax, intangible tax, clerk copy, search, and certification fees, postage, and other governmental or third-party charges.
- Schedule A applies to notarial services. Schedule B applies to records services.
3. Engagement and order of precedence
Mobile Mark accepts a request only by sending an invoice or written confirmation, and may decline any request. Each Service Order is governed by this Agreement, the applicable Schedule, and the Terms of Service. If they conflict, the Service Order controls, then the Schedule, then this Agreement, then the Terms of Service.
4. Relationship of the parties
Mobile Mark is an independent service provider. Mobile Mark is not Client's attorney, title agent, settlement or closing agent, escrow agent, fiduciary, or legal representative, and acts as Client's agent only to the limited extent stated in Schedule B.
5. Client responsibilities and representations
Client is responsible for, and represents that it will provide:
- Complete, final documents, and accurate names, addresses, counties, page counts, parcel information, legal descriptions, indexing information, and tax amounts;
- All required signatures, witnesses, notarizations, exhibits, and attachments for any document to be recorded;
- Signers who will appear with acceptable identification and who, to Client's knowledge, are willing and able to understand what they sign;
- Confirmation from the receiving party that it will accept the document in the form delivered; and
- Payment of all Service Fees and Government Charges.
Client represents that it has authority to request the services and direct any recording or retrieval, and that no document or instruction is intended to accomplish fraud or any unlawful purpose.
6. Fees, Government Charges, and payment
Service Fees are stated on the pricing page and the invoice. Notarial fees do not exceed the maximums allowed by §117.05(2)(a), §117.045, and §117.275, F.S. Charges for services other than notarial acts are stated separately.
Government Charges are not included in Service Fees, except that the eRecording platform charge is included in the eRecording service fee. Government Charges are passed through at cost. Mobile Mark calculates or obtains the applicable recording charges from the information Client provides. If an office assesses more than the amount collected, Client must pay the difference before submission or resubmission. Overpayments are refunded to the original payment method when the order closes.
Payment is due by Square invoice before the appointment is confirmed or, for records services, before retrieval or submission begins, unless Mobile Mark agrees otherwise in writing. Mobile Mark does not currently collect Florida sales tax on these services. Government Charges are stated separately and are not sales tax.
7. Cancellation and refunds
Cancellations, rescheduling, appointments that cannot be completed, and refunds are governed by the Cancellations and refunds section of the Terms of Service, which is part of this Agreement.
8. Limited administrative review
Mobile Mark may review documents for apparent administrative issues, such as missing pages, blanks, missing signatures or notarization, a missing preparer statement, or obvious submission problems. This review is limited to appointment and recording administration. It is not legal review, it does not determine legal sufficiency, and Mobile Mark has no duty to find every issue.
9. Confidentiality and records
Mobile Mark keeps Client's documents and information confidential and uses them only to perform, bill, and document the services, except where disclosure is required by law, subpoena, court order, a lawful inspection demand, §117.255, F.S., or to defend a claim. Mobile Mark deletes documents uploaded through its website 90 days after receipt and request records five years after receipt, unless a legal hold applies or Florida law requires longer retention.
10. Electronic communication
Client authorizes Mobile Mark to communicate about any Service Order by email, phone, or text message using contact information Client provides, and to deliver confirmations, recorded images, and retrieved records by email to the requesting party's email address stated on the request.
11. Limitation of responsibility and liability
Mobile Mark will exercise reasonable care in performing the services. Mobile Mark is not responsible for acts or omissions of any county, clerk, court, agency, eRecording platform, online notarization platform, carrier, or receiving party; for processing delays, system outages, or indexing errors by any office; or for losses arising from inaccurate, incomplete, improperly prepared, improperly executed, or legally insufficient documents or information supplied by Client.
To the fullest extent Florida law allows, Mobile Mark's total liability arising from or related to a Service Order, under any legal theory, is limited to the Service Fees Client paid for that Service Order, excluding Government Charges and other pass-through amounts. Mobile Mark is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost or delayed transactions, missed deadlines, financing or rate-lock costs, or loss of lien or title priority.
These limits do not apply to damage caused by Mobile Mark's gross negligence or willful misconduct and do not limit any liability that cannot be limited under Florida law.
12. Indemnification
Client will indemnify and hold harmless ArcXet Group, Inc. (including its Mobile Mark Notary trade name), its officers and employees, and the notary from claims, losses, and reasonable attorney's fees arising from documents, information, or instructions Client provides; misrepresentations by Client or any signer; the conduct of signers, witnesses, or others Client brings to an appointment; or Client's breach of this Agreement, except to the extent caused by Mobile Mark's gross negligence or willful misconduct.
13. Events beyond reasonable control
Neither party is responsible for delay or failure caused by events beyond its reasonable control, including hurricanes and severe weather, emergency declarations, facility lockdowns, courthouse or clerk closures, and county, eRecording, or online notarization system outages. Payment obligations for services already performed are not excused.
14. Governing law, venue, and jury waiver
Florida law governs this Agreement. Any lawsuit must be brought in the state courts located in Seminole County, Florida. The prevailing party in any lawsuit arising from this Agreement is entitled to reasonable attorney's fees and costs, including on appeal.
Each party knowingly and voluntarily waives any right to a trial by jury in any lawsuit arising from or related to this Agreement or any Service Order.
15. General terms
This Agreement, the Schedules, the Terms of Service, and each Service Order are the entire agreement for the services and replace any prior discussions. Changes must be in writing, which includes email from Mobile Mark confirming the change. If any provision is unenforceable, the rest remains in effect. Client may not assign this Agreement without Mobile Mark's written consent. Notices to Client may be sent to the email address on the request. Provisions on payment, cancellation, records, liability, indemnification, and governing law survive completion of the services. An electronic or printed copy of this Agreement is as effective as an original.
Schedule A: Notarial services
A1. Scope
Mobile Mark provides in-person notarial acts at the location stated in the Service Order, online notarial acts by audio-video communication technology, supervision of witnessing for online acts, and in-person marriage solemnization. Acts are performed by a commissioned Florida notary public. Online acts are performed by a registered Florida online notary public located in Florida.
A2. Notary independence and refusal
The notary alone decides whether an act can lawfully be performed and may decline or stop any act for the reasons stated in the Terms of Service or required by Chapter 117, Florida Statutes. A good-faith refusal is not a breach of this Agreement.
A3. Signers, identification, and witnesses
Each signer must appear before the notary and present identification that satisfies §117.05(5), F.S. Online signers must also complete credential analysis and identity proofing under §117.265(4), F.S. Client selects the notarial certificate. Client provides any required witnesses unless the Service Order states that Mobile Mark will arrange them at the quoted cost. Online witnesses must meet §117.285, F.S.
For hospital, rehabilitation, assisted living, nursing home, and detention appointments, Client is responsible for facility approval and access, and each signer must be alert and able to communicate at the time of the appointment.
A4. Online sessions
The notary selects the online notarization platform. Each signer must accept the platform's terms, use a device with a working camera, microphone, and internet connection, and consent to the audio-video recording of the session, which is retained for at least ten years under §117.245, F.S.
A5. Fees
Fees consist of the notarial fee for each act performed, county travel for in-person appointments, the platform and session fee for online sessions, and any rush, after-hours, witness, or waiting charges stated in the Service Order or the Terms of Service. Travel and session charges are earned when the notary arrives or the session opens. Notarial fees are charged only for acts performed.
A6. Acceptance by others
Mobile Mark does not guarantee that any receiving party will accept an in-person or online notarization. Client confirms acceptance before the appointment.
Schedule B: Records services
B1. Scope
Mobile Mark provides eRecording of customer-prepared instruments in supported Florida counties, court-record retrieval, Official Records retrieval, certified copy pickup and delivery, and certified judgment retrieval and recording, as stated in the Service Order. Priority handling moves an order to the next available run or submission window. It does not guarantee a clerk's or county's processing, acceptance, or recording time.
B2. Authorization
Client authorizes Mobile Mark to:
- Receive and process the documents described in the Service Order;
- Submit documents to the designated county recording office, or request records from the designated custodian;
- Communicate with the office or custodian about administrative issues;
- Pay authorized Government Charges using funds Client supplies; and
- Receive confirmations, recorded copies, and retrieved records on Client's behalf.
Mobile Mark is not authorized to change the substantive terms of any document.
B3. Electronic PDFs and paper originals
Electronic PDF. Client uploads the document exactly as delivered by the notarization platform, without printing, rescanning, or editing it. The PDF is not returned. Evidence of recording is emailed to the requesting party's email address stated on the request.
Paper original. Client sends the original only after receiving the confirmation email with mailing instructions and the request number. Mobile Mark logs the original in, scans it, submits it, and returns it by the method in the Service Order. Originals not collected within 30 days after the order closes are returned by tracked mail to the address on file at Client's cost of postage plus $10.
B4. Recording acceptance, rejection, and resubmission
The county recording office determines acceptance and indexing. Client is responsible for the document meeting recording requirements, including §695.26, F.S. If a document is rejected, Mobile Mark provides the rejection information supplied by the office. If rejection results solely from a Mobile Mark submission error, Mobile Mark resubmits without an additional Service Fee. If rejection results from information, formatting, execution, or documentation supplied by Client, correction is Client's responsibility, and additional Service Fees and Government Charges apply to any resubmission.
B5. Recording confirmation
After recording, Mobile Mark provides the available recording information, which may include the recording date, instrument number, Official Records book and page, and the recorded image or county receipt. The records kept by the county are the official public record.
B6. Retrieval
Client identifies the specific records to be retrieved. Mobile Mark does not select records, interpret them, or guarantee that they exist or are complete. Restricted, sealed, or confidential records are requested only with verified authority and custodian approval. Recording a judgment or any other instrument does not by itself create, perfect, renew, or preserve a lien.
B7. Taxes
Client provides documentary stamp tax and intangible tax amounts. Mobile Mark does not calculate taxes or determine whether a tax is owed, and Client is responsible for any shortfall, interest, or penalty.
Service Order and signatures
Complete this section only when a signed paper copy is required. For online requests, the confirmed request and invoice are the Service Order.
| Client name | |
|---|---|
| Request number | MMN- |
| Services | |
| County | ____________________ County, Florida |
| Document type and title | |
| Number of pages / indexed names | |
| Appointment date and time, or handling | |
| Service Fees | $ |
| Estimated Government Charges | $ |
| Florida sales tax | Not applicable |
| Total estimated amount due | $ |
By signing, Client acknowledges review of this Agreement, Schedules A and B, and the Terms of Service, selects the services stated above, and authorizes Mobile Mark to perform them.
Client
Name
Signature and date
Email and telephone
ArcXet Group, Inc.
d/b/a Mobile Mark Notary
Representative
Signature and date