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.
Scope of Work
The work I do is limited to:
- witnessing and verifying signatures on documents;
- certifying authority and capacity to sign documents;
- verifying the due execution of documents;
- authenticating documents;
- certifying copies of documents; and
- obtaining legalisation.
I do not:
- give advice on the contents, suitability or effectiveness of your documents which you must obtain from your own English or foreign qualified lawyer or other competent professional adviser;
- advise about foreign law requirements for your documents. You should obtain this advice from your foreign qualified lawyer and inform me about any instructions you are given;
- give legal advice.
Service Information
Each notarial matter is different and the requirements may vary according to whether you are a private individual, a company or other business entity. Typically, the work is likely to include:
- Reviewing the documents to be notarised together with any instructions you have received
- Liaising with your legal or other advisers and with other bodies to obtain the necessary documentation to deal with the document
- Checking the identity, capacity and authority of the person who is to sign the document
- If a document is to be certified, checking with the issuing authorities that the document is genuine
- Meeting with the signatory to verify their identity and ensuring that the document is executed correctly
- Drafting and affixing or endorsing a notarial certificate to the document
- Arranging for the legalisation of the document as appropriate
- Maintaining records in accordance with the requirements of the Notarial Practice Rules 2019
Prices
My fee is based on the time taken to carry out your instructions and is charged at the rate of £150 per hour, subject to a minimum fee of £90. I charge for all time taken, including making the appointment, checking identity and authority, telephone calls and correspondence, including email, meeting with you, arranging legalisation and record keeping.
I may agree a fixed fee for the work to include my own fee and any expenses that I have to pay to third parties, such as legalisation fees, postage, consular agent fees, courier fees and so on. The fixed fee will be assessed according to your description of 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, a quotation will not be binding on me if I am required to carry out extra work or if the matter proves to be more difficult or time consuming, in which case I am entitled to be paid a reasonable additional fee assessed at the rate of £150 per hour.
VAT
I do not charge VAT on my fees. Some payments to third parties may be subject to VAT.
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 will provide you with the best information I can about the amounts that any third party will charge. I reserve the right to request payment in advance for work in which I will incur expenses to third parties on your behalf and not to complete the work until I am paid.
Payment
Unless I agree otherwise, payment is required on the day I see you or the date of submission of my invoice following our meeting. If payment is not made as requested, you agree that I can decline to act any further on your behalf until I am paid and/or to exercise a lien on any papers or documents of yours which are in my possession until payment.
Interest on unpaid fees
I reserve the right to charge interest on unpaid fees and payments to third parties at the legal rate for late payments, where there is one, or 2% above HSBC base rate where there is no legal rate.
Right to cancel
If you are an individual to whom the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you can cancel your agreement with me for the work without giving any reason or incurring any liability with me by informing me of your intention to cancel by email to tonybrown@bathnotary.co.uk or by letter sent to me at May Cottage, Henley Lane, Box, Wiltshire SN13 8DB to reach me within 14 days of the date on which you accepted my offer to carry out the work. If you ask me to start the work before the end of that cancellation period, you will be liable to pay for any work done prior to any subsequent cancellation and your right to cancel is lost if all the work is completed before you cancel.
I use email for communications when it is available. If you provide me with your email address you agree to my using it 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.
Insurance
I am insured under a professional indemnity policy for £1,000,000.
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:
- for any loss caused by your failure to inform me about any feature of your instruction that is of special or particular importance to you; or
- for any loss caused because your instructions are incorrect, incomplete or unclear; or
- for any loss caused by my refusal to comply with an instruction which I believe may result in breaching any applicable law, regulation, code of practice or which I believe may damage my reputation; or
- for any loss caused by my refusal to comply with an instruction which I suspect is dishonest in any way; or
- for any loss caused if the work cannot be completed, or performance of the work is delayed, because of your failure to pay my invoice on time or as a result of anything outside my control, including, for example, industrial action or in consequence of pandemic or government action prohibiting or impeding me or any third party on whom I rely for performance of the work from performing my or its respective obligations; or
- for any loss caused if any document is delayed, lost or damaged by Royal Mail, courier, legalisation agent, the Foreign, Commonwealth & Development Office or foreign embassy; or
- for loss of business, loss of opportunity, loss of profits; or
- for losses, including costs and interest, which exceed the amount of the professional indemnity insurance cover from time to time required to be maintained by me and which is currently £1,000,000.
Nothing in this section shall limit my liability to you (a) for fraud, or death or personal injury caused by my negligence or (b) any other liability that cannot lawfully be excluded.
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 my 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 my 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.
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.
Regulatory Information & Complaints Procedure
My notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury:
The Faculty Office
1, The Sanctuary
Westminster
London SW1P 3JT
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 do not hesitate to contact me.
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 please write (but do not enclose any original documents) with full details of your complaint to :-
The Secretary of The Notaries Society
P O Box 1023
Ipswich IP1 9XB
Email secretary@thenotariessociety.org.uk
If you have any difficulty in making a complaint in writing please do not hesitate to 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 8 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
Tel : 0300 555 0333
Email : enquiries@legalombudsman.org.uk
Website : 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 one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.