Posted by SarahBeth_CA on 7/27/05 12:29pm
Msg #55085

Sounds Like a Non-Compete

One of my ss has this paragrapgh in thier contract:

Notary acknowledges that by entering into this agreement it will be necessary for "ss" to share with Notary the names, addresses, name of contacts within companies, and other identifying information of the customers with whom "ss" does business, Notary acknowledges that said information constitutes the trade secrets of "ss". Notary acknowledges that he or she shall not interfere with, directly or indirectly, disrupt or attempt to disrupt the relationship, contractual or otherwise, between "ss" and any customer, client, supplier, consultant or other contractor to "ss" nor shall Notary turn any matter or information as it relates to the identity of its customers, marketing or operations of "ss" over to any other party. Notary further agrees that Notary will not make use of said information to conduct a competing business. Notary understands that direclty or indirectly soliciting business from sources of business given to them by "ss" or breaching any provision of this Agreement is cause for immediate termination for the receipt of assignments from "ss" and may subject Notary to legal action by "ss" to protect the trade secrets of "ss" and/or recover damages.

Here's the situation. When on phone with LO at table I let him know that I would send him the tracking # after the signing. So I e-mailed it to him. It was late, the e-mail was kicked back so I called the LO this morning. The LO asked me to send him some of my business cards; they have been doing more business in my area and would like for me to handle some of it. Package is already out I told him I would send him a note with a few cards. Then I reread the contract just in case. Is it ok or would it be a breach of this agreement to send a note with business cards and let him know that due to contractual agreements he could request my services through "ss" and I would be happy to accomodate.

So far I've done 2 assignments for this "ss". I like them, and don't want to loose them. They met my fee on a last minute signing which was $65 more than thier offer.

I want to honor my contract and get as much work as I can at the same time while upholding ethical business practice. I'm running on 4 hours sleep if I'm lucky. Your thoughts and suggestions please. I don't want to do the wrong thing.

Reply by CaliNotary on 7/27/05 2:02pm
Msg #55112

The key here is that the signing service does not want you to solicit their clients. That is not the same thing as a client soliciting you, which is what happened in this case. There is certianly nothing unethical about sending your cards to the LO if he asks you for them, nor would it violate your contract. These non-compete clauses are somewhat of a joke anyway.

While you certainly could tell the LO to use you through the signing service, I'd really think hard about showing that much blind loyalty to a company that has only used me twice so far. I'd say send him the cards and hope that he calls you directly. Why pay the middleman when you don't have to?