Terms and Conditions

All instructions are accepted by me on the basis of the Terms and Conditions set out here below. Alternatively you may download them in a PDF file here.

1. Instructions

You are asked to supply me with clear instructions, and all relevant background information. You should also send me (by email if possible) copies of any documents or instructions you have received from the foreign lawyer or other person to whom the document is to be sent. Company clients should nominate one individual who is authorised to give instructions on the company’s behalf in relation to each matter. Download my document ‘Essential information to read before your meeting’ here.

2. Basis of Charging

For simple matters I will usually quote a fixed fee. For more complex matters and for administration of trusts work, my fees are assessed mainly by reference to the time spent on the matter, on the basis of an hourly charging rate which is £300 for individuals and corporate clients.

Indemnity cover £2 million pounds.

The work to be charged for will include preparatory and drafting work, travel, correspondence, attendances, administration and record keeping.

In accordance with Notarial practice guidelines, (which stipulate that fees should be fair and reasonable having regard to all the circumstances of the case), my fees may also include an additional element reflecting other factors including value, importance, speed, complexity or special skills.

If instructions are terminated for any reason, a charge will be made for all work carried out up to the time of termination. A charge will also be made to reimburse expenses incurred or paid on your behalf.

3. Estimates

I will give an estimate of likely costs, where possible, on request. Any estimates given will be based on the information available to the firm at the time and, although given in good faith, will not be binding. Variations in the instructions given, unexpected developments and lack of experience or co-operation on the part of other parties or their advisers may increase costs.

4. Money on Account

I may ask for money to be paid on account for work to be done and I will usually require payment in advance for disbursements to be made or expenses to be incurred.

5. Invoices and payment

In the case of work for which I have quoted a fixed fee, the fee will be payable at the time the work is carried out. I will give a receipt upon payment and will send a receipted invoice within 7 days afterwards.

In more complex matters, where fees are based on time, an invoice will be prepared on completion of the work. In this case, invoices must be settled within 7 days or when any notarised document is released to you, whichever is earlier. Any queries concerning an invoice should be raised immediately upon receipt.

In the event of payment not being made in accordance with these terms, I shall be entitled to refuse to do any more work on your behalf and to retain any papers or documents of yours which are in my possession, until payment has been made.

If any invoice is not paid within 30 days of the date upon which it fell due I will charge a payment of £40 in compensation for late payment will be due together with interest at 8% above the Bank of England’s base rate from the date the invoice was due for payment until actual payment is received.

6. Termination of retainer

You may terminate instructions in writing at any time. In the event of payment not being made for an invoice or on account as requested, or in the event of your insolvency or if a conflict of interest becomes apparent or if you fail to instruct me properly, I may decline to act any further.

7. Liability for Payment

If you request that an invoice is to be paid by a third party and the third party does not pay the invoice within 7 days of issue you will be liable to discharge that invoice.

8. Quality of Service

I aim to give a good and efficient service and to provide value for money. If you are dissatisfied with my service you should let me know immediately. The procedure for making a complaint is set out in detail in the Schedule below.

9. Data Protection

Clients’ personal data may be used and disclosed by me to third parties in the course of providing services to you, and marketing those and other services (e.g. newsletters) and for regulatory purposes. I am required to maintain personal data for regulatory and insurance purposes for a period of time after the services have been provided to you. If you do not wish personal data to be used for marketing purposes, you should notify me in writing. Some clients’ files (and personal data) may occasionally be made available to a third party for notarial regulatory purposes. You will find my full Data Protection Policy and a Data Protection Notice here. By proceeding to use my services you accept the terms of my Data Protection Notice including paragraph 5 of the Notice.

10. Email

It is my policy to use email wherever possible. I will assume that I may use any email address that you provide me with for sending any correspondence (including sensitive or confidential correspondence) or documents to you. All emails and attachments sent by me should be scanned for viruses by you.

11. Money laundering compliance

I operate a money laundering reporting procedure as required by law. In the event of any suspicion as to money laundering, information will be revealed to the appropriate authorities. You will be required to provide satisfactory proof of identity.

12. Professional indemnity, limitations on liability

Notwithstanding any express or implied term in the agreement between you and me

12.1  No liability for loss to you or other parties in excess of £2,000,000 will be accepted by me.

12.2  The amount of my liability shall be reduced to take account of the degree of responsibility of any other professional or other advisers whom you have consulted in relation to the matter as if I had successfully claimed contribution from them and on the assumption that no limitation of liability has been agreed between you and the adviser, and that they are able to meet their liability, but I shall not be obliged to make or pursue any such claim for contribution.

12.3  I will not accept any liability for any fault or negligence on the part of third parties including postal or courier services; legalisation agents; Foreign and Commonwealth Office; and foreign consulates.

12.4  I will not accept any liability whatsoever in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than you. No third party shall have any right to enforce any contract for the provision of advice or services between you and me nor shall they have the right to rely upon any advice given or opinion expressed to you by me. The Contract (Rights of Third Parties Act 1999) is excluded insofar as permitted by law.

12.5  In any event, I shall not accept any liability where the loss arises from your giving me incomplete or inaccurate instructions or information nor shall I accept liability for any indirect, or consequential loss or damage, or for loss of profit, data, or goodwill.

12.6  All Companies House searches carried out by me are effected using the Registrar of Companies’ online service. To the extent that the Registrar or other provider does not accept responsibility for any inaccuracies or omissions arising from use of the online service, I accept no responsibility or liability arising from reliance upon the results of those searches, if they should subsequently be found to be inaccurate or incomplete.

12.7  No liability will be accepted for any claim first brought in either the USA or Canada.

13. Jurisdiction

English law shall be the applicable law and the English Courts shall have sole jurisdiction in the case of any dispute. If any provision of these terms is held by any court or other competent authority to be void or unenforceable in whole or part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

14. Confidentiality

I will deal with your affairs in strict confidence. However, the Faculty Office has rights of inspection to ensure good practice and conduct and I may be obliged to deliver to any person who has a proper interest, copies of documents that I have notarised.

15. Scope of responsibility

As a Notary I authenticate documents destined for foreign jurisdictions. I do not advise on foreign law nor does my intervention mean that any document is suitable or desirable for your purposes.

Schedule

Complaints procedure

• My notarial practice is regulated by 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
Old Church Chambers
23 Sandhill Road
St James
Northampton NN5 5LH
Email secretary@thenotariessociety.org.uk
Tel : 01604 758908

If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society 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
PO 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 six months from the conclusion of the complaint process.