Terms
The following terms govern the notarial work that I shall carry out for you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which could be implied by trade, custom, practice or course of dealing.
Scope of Work
My work as a notary is limited to :
· witnessing and attesting signatures on documents;
· certifying authority and capacity to sign documents;
· verifying, authenticating and attesting the due execution of documents;
· authenticating documents;
· certifying copies of documents; and
· obtaining legalisation.
I do not give legal or other advice. I do not advise on foreign law.
Fees
My fees are based on the time taken which is charged at the rate of £180 per hour. The time taken includes making the appointment, travelling or waiting time, meetings with you, considering, preparing and working on papers and correspondence including electronic mail.
I may agree a fixed fee for the work which will be assessed according to the number and complexity of documents. Please be clear about what you want me to do before you ask me to agree a fixed fee. The fee will be based on the information you give and, although given in good faith, will not be binding on me if I am required to carry out extra work or if the matter proves to be unusually difficult or complex in which case I am entitled to be paid a reasonable additional fee.
Payments to third parties
Fees may also be payable to third parties, for example fees payable for legalisation, to obtain an apostille or to couriers. You will be responsible for these amounts. 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.
Payment
Unless I agree otherwise in advance, I require payment by cash or cheque on the day I see you. I cannot accept payment by debit or credit cards. In the event of payment not being made as requested, I reserve the right to decline to act any further on behalf of you and/or to exercise a lien on any papers or documents of yours which are in my possession until payment has been made
Interest on unpaid fees
I reserve the right to charge interest on unpaid fees and payments to third parties at 8% per annum.
I use email for communications wherever possible. If you provide me with your email address you will be deemed to have consented to my using that address for the sending of unencrypted, sensitive or confidential correspondence or documents to you. I use standard virus checking software but 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.
Limitation on liability
My contract is with you only. I do not accept liability to any third party and the application of any legislation conferring on third parties contractual or other rights, including the Contract (Rights of Third Parties Act 1999) shall be excluded insofar as permitted by law.
I will not be liable to you if:
· your instructions are incomplete or unclear, complying with an instruction may result in breaching any applicable law, regulation or code of practice, complying with an instruction may damage my reputation or where I suspect that the instruction is dishonest in any way;
· the instructions you give me are incorrect; or
· I cannot complete the work as a result of anything that I cannot control.
I will not be liable to you in any circumstances for:
· any loss or damage that occurs if any document is delayed, lost or damaged by Royal Mail, courier, legalisation agent, the Foreign Office or foreign embassy; or
· loss of business, loss of opportunity, loss of profits; or
· any losses that are not directly caused by the incident that causes you to claim; or
· any loss or damage sustained or alleged to have been sustained in the USA or Canada.
Your warranties to me regarding personal information
In relation to any personal information that you supply to me about another living person in connection with provision of the Services, you warrant to me that:
· you have obtained their explicit and demonstrable consent to the use of their personal information, including, where applicable, the transfer of their personal information to foreign organisations in connection with the Services; and
· such personal data is accurate, complete and up to date.
Your indemnities regarding personal information
You hereby agree to indemnify me, my agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, liabilities, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of your warranties above.
Termination of retainer
You may terminate your instructions to me in writing at any time. I will refuse to offer my services or discontinue the same only with good reason. If either of us decide that I should stop acting for you, you must pay my fees up until that point. These are calculated on an hourly basis at the hourly rate stated in these terms plus any third party payments, alternatively, as a proportion of any agreed fee.
Applicable Law and Jurisdiction
The validity, performance and construction of these terms and any agreement made, and whether any agreement is made subject to them, shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in case of any dispute between us.
Complaints
My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury, The Faculty Office 1, The Sanctuary Westminster London SW1P 3J. Telephone: 020 7222 5381. Email: Faculty.office@1thesanctuary.com Website www.facultyoffice.org.uk
If you are dissatisfied about the service you have received please contact me in the first instance. If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute. In that case, write with full details of your complaint to The Secretary of The Notaries Society Old Church Chambers 23 Sandhill Road St James Northampton NN5 5LH; e:secretary@thenotariessociety.org.uk; t: 01604 758908. If you have any difficulty in making a complaint in writing, you should call the Notaries Society/the Faculty Office for assistance.
Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of eight weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman*, if you are not happy with the result(Legal Ombudsman P O Box 6806 Wolverhampton. WV1 9WJ; t : 0300 555 0333; e: enquiries@legalombudsman.org.uk; w:www.legalombudsman.org.uk).
If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within six months from the conclusion of the complaint process.
*certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.
