Terms and conditions
TERMS OF BUSINESS
- Basis of my work
These conditions govern my relationship with you as a client. I contract only on the basis of these conditions. By instructing me
to act you are accepting the following conditions.
- Accepting and declining instructions
I will accept instructions from you in accordance with the Notaries Practice Rules 2014 and my oath of office. In some
circumstances, I may consider that I ought to decline to accept instructions or conclude a matter if I have reason to believe that
there is any fraud, violence, illegality or lack of freewill involved in the matter. I may also cease to act if you cannot give clear or
proper instructions on how I am to proceed, or if you do not pay a bill I have rendered.
- Verification of facts
Part of the Notary’s role is to check the facts in documents, and this sometimes involves obtaining evidence or proof from
sources independent of you. In this I need your full cooperation. If I have to add disclaimers to the document to make it clear
that there are facts which I have not been able to verify the document may become useless or of less benefit to you and I will
not accept liability if this is the case.
- Fees and disbursements
In accordance with the current Notaries Practise Rules, I am entitled to charge a reasonable professional fee for all notarial
work undertaken. My fee will based taking into account the time spent on the matter, the value of any property involved and the
level of responsibility assumed.
Where my fees are based principally on the time taken for the whole matter, this is charged at the rate of £250 per hour. The
time taken includes: making the appointment, travelling or waiting time, meetings with you and others, considering, preparing
and working on papers and correspondence including faxes and electronic mail. All letters and telephone calls will be charged
on a time basis and the time needed to make the appropriate records.
Currently I do not charge VAT. In accordance with the Council of the Notaries’ Society Guidelines (which stipulate that fees
must be reasonable having regard to all of the circumstances of the case) my fees may be increased to reflect particular
complexity, speed and special skills. I charge a minimum fee of £80.
Although my charges take account of my ordinary business expenses, such as normal postage and telephone charges, I
reserve the right to charge you for any unusual expenses I incur including printing, exceptional photocopying, overseas
postage, overseas telephone and fax costs. My bill must be paid on presentation and documents will not be released until
payment in full has been made. I reserve the right to seek and obtain a payment on account of my professional fees and
disbursements before work commences. I also reserve the right to cease acting in the event of a requested payment on
account not being received by me.
Fees may also be payable to third parties, for example fees payable to the Foreign and Commonwealth Office, Foreign
Embassies, High Commissions or agents dealing with legalisation of documents, Companies House, Land Registry, translators
fees or courier charges. I reserve the right to request money to be paid to me in advance in relation to work where expenses
charged by third parties are likely to be incurred on your behalf. I must receive payment in sufficient time to allow for bank
clearance of funds.
4.3 Late Payment or Failed Payment
Legal ownership or title to any document or series of documents prepared by me will not pass to you or to the person or
persons who gave instructions to me or to the person or persons or organisation to whom I was directed to submit my bill until
my bill and/or any disbursements has been paid in full. Similarly I shall hold a lien over any such documents and all other
working papers and items of value that have come into my possession directly or indirectly as a consequence of your
If a cheque/ direct debit/ standing order in respect of monies payable to me is dishonoured or stopped, a charge of £50 plus all
and any bank charges incurred by me will be made and treated as compensation for all and any loss incurred by me as a result
of your failure to ensure payment of monies due to me.
- Client’s money
If I am asked to hold a client’s money I will do so in accordance with the relevant Notaries’ Practice and Accounts Rules, paying
interest when required to do so by the Rules. To comply with my obligations under the Criminal Justice Act 1993, the Proceeds
of Crime Act 2002 and the Money Laundering Regulations 1993, 2001 and 2003 I reserve the right to ask for evidence of the
source of any funds provided to me or involved in the transaction.
- Limitation of liability
I maintain professional indemnity insurance in the sum of £1 million. Save as provided under the Unfair Contract Terms Acts
1977, my liability to the client for any loss, injury or damage of any nature whatever whether direct or consequential, including,
without limitation, in respect of negligence or breach of my duty to the client, is hereby limited to such sum in respect of any one
claim or series of related claims (save in the case of fraud, where no such limit shall apply).
All liabilities arising out of legal actions instituted within the jurisdiction of the United States of America and Canada are
Unless specifically agreed, I accept no liability for the rights of third parties resulting from any notarial act.
- Legalisation at the Foreign and Commonwealth Office, other foreign embassies and consulates
Whilst every care is taken to preserve any document entrusted to me I cannot accept any responsibility for any loss or damage
that occurs if any document or documents are delayed lost or damaged or destroyed whilst in transit either through or by Royal
Mail or such similar organisation or the Document Exchange system.
- Items posted or sent abroad
I cannot accept any responsibility for any item sent or posted on your behalf or at your request under any circumstances
While I use standard virus checking software, I accept no responsibility for viruses or anything similar in any emails or any
attachments originating from me. I also do not accept any responsibility for any changes to, or interception of, any email or any
attachment after it leaves my information system.
- Storage of documents
I will store, without charge to you, the original of any notarial act in the ‘public form’ and a copy of every act in the ‘private form’
as a permanent record. I will not always keep a full copy of the client’s own document or documents but I reserve the right to do
so. I also reserve the right to charge for any additional copies of documents that may be requested or required.
- Foreign languages and communication
Documents that come to a Notary are for use overseas, and may be in a foreign language. If so the Notary must ensure that
both he and the client understand the meaning or effect of a document or transaction. It is important that the client shows the
Notary any correspondence or advice that he has been given by others. In most cases the Notary may find it necessary to insist
upon a translation being provided if there is any doubt as to the client’s understanding of the content of a particular document or
documents that he/she is seeking to have Notarised.
It may be possible for the Notary to arrange a translation but this will have to be at the client’s cost.
- Regulation and compliance
If you have any concerns about how I deal with your matter please raise it with me in person, in writing, or by email. I would
hope to be able to resolve things with you, but if I cannot then you can raise the matter with the Faculty Office of the Archbishop
of Canterbury by whom I am regulated (the Solicitors Regulation Authority has no jurisdiction regarding complaints against
notaries). The Faculty Office may be contacted at 1 The Sanctuary Westminster London SW1P 3JT telephone 020 7222 5381
This office may deal with your complaint or may invite the Notaries’ Society to try to resolve the complaint under its Informal
Complaints Procedure but this is a matter for the Faculty Office to decide.
Please note that my notarial practice is independent and has no connection whatsoever with any firm of Solicitors. Whilst I am
a qualified Solicitor, I am currently non-practicing.
- Law and jurisdiction
The formal and material validity, performance and construction of these conditions and any agreement made, and whether any
agreement is made subject to them, shall be governed by the laws of England and Wales. Any disputes shall be subject to the
exclusive jurisdiction of the Courts of England and Wales.