Welcome to SM Notary Co. These Terms of Service ("Terms") govern your access to and use of our website (smnotaryco.com) and notarial services. By accessing our website or booking our services, you agree to be bound by these Terms and our Privacy Policy.
"Client," "you," or "your" refers to any individual or entity using our services.
"Services" refers to notarial acts, apostille processing, and related services offered by SM Notary Co.
"Website" refers to smnotaryco.com and all associated web pages.
2.1 Age Requirement
You must be at least 18 years old to use our services.
2.2 Legal Capacity
You must have the legal capacity to sign documents and enter into binding agreements.
2.3 Identification
You must possess and present valid, government-issued photo identification that meets North Carolina notary law requirements.
2.4 Information Accuracy
By using our services, you represent and warrant that all information you provide is accurate, current, and complete.
3.1 Notarial Services
Acknowledgments
Jurats (oaths and affirmations)
Witnessing signatures
Other notarial acts authorized by North Carolina law
3.2 Specialty Services
Loan document signing
Real estate planning noterization
Apostille and document authentication processing
3.3 Mobile Notary Services
On-site notarization at your location within our service area.
3.4 Limitations
We do not provide legal advice or counsel
We cannot prepare legal documents
We cannot determine document suitability or legality
We cannot notarize incomplete documents
We cannot notarize documents where a signer appears unwilling or under duress
We cannot notarize documents where a signer's identity cannot be verified
4.1 Scheduling
Appointment must be scheduled at least 2 hours in advance.
Rush appointments subject to availability and additional fees
All appointments subject to notary availability
4.2 Travel Fee and Deposit
A non-refundable travel fee is assessed based on distance from our base location
Travel fee calculated at [$0.70] per mile round trip as per the federal travel rate
Minimum travel fee of [$0.70] applies to all mobile appointments if agreed upon by the requestor.
Travel fee deposit must be paid at time of booking
Additional travel surcharges may apply for:
-Appointments outside normal business hours
-Locations with limited access or paid parking
-Excessive wait times at appointment locations
4.3 Cancellations and Rescheduling
Cancellations must be made at least 30 minutes before scheduled appointment time
Late cancellations (less than 2 hours' notice) forfeit travel fee deposit
No-shows forfeit travel fee deposit
4.4 Late Arrivals
We will wait up to 20 minutes past scheduled appointment time
Client arrival more than 20 minutes late without notice may be considered a no-show
Late arrivals may result in abbreviated service if the notary has subsequent appointments
4.5 Weather and Emergencies
Appointments may be rescheduled without penalty due to severe weather or emergency situations
We reserve the right to cancel or reschedule appointments due to unsafe travel conditions
5.1 Acceptable Identification
Driver license
State identification card
U.S. or foreign passport
Military ID (Conditional)
Permanent resident card (Green Card)
5.2 ID Verification
All IDs must be current (not expired)
IDs must contain a photograph, physical description, signature, and issuance/expiration dates
Name on ID must match name on documents to be notarized
Photocopies or digital versions of IDs are not acceptable
5.3 Refusal of Service
We reserve the right to refuse service if:
Proper identification can not be provided
The signer appears to be under duress
The signer does not understand the document content
The document appears incomplete or fraudulent
The notary suspects illegal activity or fraud
The signer appears intoxicated or lacks capacity to understand the transaction
6.1 Fees
Standard notary fees as permitted by North Carolina law
Travel fees based on distance
Additional fees for after-hours, weekend, or holiday appointments
Apostille processing fees and additional services fees if applicable
Digital payments via Square, Venmo, Zelle, and other approved platforms
Credit/debit cards (in person via mobile POS system)
Cash (exact amount preferred)
Checks not accepted unless pre-approved
6.3 Payment Timing
Travel fee deposit due at time of booking
Remaining balance due at time of service
Corporate accounts may qualify for invoicing with pre-approval
6.4 Fee Changes
We reserve the right to update our fee structure at any time. Current fees will be disclosed at the time of booking.
6.2 Payment methods
7.1 Notarial Authority
Our notarial authority is limited to acts authorized by North Carolina notary laws. We cannot:
Provide legal advice
Draft legal documents
Advise on document content or legal sufficiency
Represent client in legal matters
Certify copies of vital records (birth certificates, marriage licenses, etc.)
7.2 Document Disclaimer
We are not responsible for the content, accuracy, or legal sufficiency of your documents
Our notarial services do not validate or endorse document content
Notarization does not guarantee a document's legality or enforceability
7.3 Apostille Limitations
Apostille processing times are estimated and dependent on government agencies
We cannot guarantee acceptance of apostilled documents in foreign countries
Additional fees from government agencies may apply
8.1 Ownership
All website content, branding, logos, images, text, and materials are the exclusive property of SM Notary Co. and are protected by copyright and trademark laws.
8.2 Restricted Use
You may not copy, reproduce, distribute, modify, display, or create derivative works from any materials on our website without our express written permission.
8.3 Limited License
We grant you a limited, non-exclusive license to access our website for personal use related to our services.
9.1 Information Protection
As recommended by NC Secretary of State, basic information about notarial acts is recorded in our notary journal, including:
Type of notarial act
Document title or description
Signer's name, address, and identification details
Signer's signature
Notary fee charged
9.3 Legal Disclosure
We may disclose information when legally required, such as in response to court orders or subpoenas.
10.1 Service Liability
To the fullest extent permitted by law, SM Notary Co. shall not be liable for any:
Indirect, incidental, special, or consequential damages
Lost profits or business interruption
Document validity or enforceability issues
Delays in service provision
Actions taken based on notarized documents
10.2 Maximum Liability
Our maximum liability for any claim arising from our services shall not exceed the fees paid for the specific service giving rise to such claim.
10.3 Force Majeure
We are not liable for failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, government restrictions, or technological failures.
You agree to indemnify, defend, and hold harmless SM Notary Co., its owners, employees, contractors, and affiliates from any claims, liabilities, damages, costs, and expenses arising from your use of our services, violation of these Terms, or violation of any third-party rights.
12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.
12.2 Jurisdiction
Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina.
12.3 Alternative Dispute Resolution
Before filing any legal action, you agree to attempt to resolve disputes through good-faith negotiation or mediation.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
We may modify these Terms at any time by posting updated Terms on our website. Your continued use of our services after any changes constitutes acceptance of the revised Terms.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and SM Notary Co. regarding your use of our services.
For questions regarding these Terms of Service, please contact us