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.
I will accept instructions from you in accordance with the Notaries Practice Rules 2019 and my oath of office. In some circumstances I may decline to accept instructions or conclude a matter if I have reason to believe that there is 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 you do not pay a bill I have given you.
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, for which I need your full co-operation. If I have to add disclaimers to the document to make it clear that there are facts that I have not been able to verify, the document may become useless or of less benefit to you. I will not accept liability if this is the case.
I am required to keep notarial records. Data collected as part of those records is used solely for the purpose of meeting the professional legal responsibilities as a Notary Public. Please read my Data Protection Policy document.
Where my fees are based principally on the time taken for the whole matter, this is charged at the rate of £195 per hour (I do not charge VAT). 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 appropriate records.
I charge a minimum fee of £100 (I do not charge VAT).
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 such as printing, exceptional photocopying, overseas postage, special delivery postage and telephone calls. My bill must be paid when we meet or before. Documents will not be released until payment has been received in full.
I reserve the right to request payment on account of my professional fees and disbursements before work commences and to cease acting in the event of a requested payment on account not being received.
Fees (disbursements) may also be payable to third parties, for example fees payable to the Foreign Commonwealth and Development Office, Foreign Embassies, High Commissions or agents dealing with legalisation of documents, Companies House, Land Registry, translators fees or courier charges. Where I need to pay third party expenses on your behalf, I need receive that money from you before I do the work.
I will give a costs quotation in advance.
Unforeseen or unusual issues may arise which might result in a revision of my fee estimate. Examples of this could include where additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction. I will notify you of any changes in the fee estimate as soon as possible.
Payment can be made by cash, cheque or bank transfer. I do not accept cards. Payment of my fee and disbursements is due when the document has been prepared.
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 have instructions for me, or to the person or persons or organisations 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 instructions.
If a cheque/direct debit/standing order in respect of monies payable to me is dishonoured or stopped, a charge of £75 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.
I do not hold client money on your behalf. The only funds held by me are those monies (if any) to be applied for the payment of third party expenses in respect of the notarial act you have instructed me to carry out.
If you bring a document to me for authorisation/notarising as a Notary, I will advise you as to the formalities required for completing it. However, I will not be attempting to advise you about the transaction itself and cannot be held responsible for the content of the document.
I have Professional Indemnity Insurance up to £1,000,000. Except as provided under the Unfair Contract Terms Act 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 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 jurisdictions of the United States of America and Canada are excluded.
Unless specifically agreed, I accept no liability for the rights of third parties resulting from any notarial act.
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, damaged or destroyed whilst in transit in the UK or abroad either through Royal Mail or such similar organisation or courier or the Document Exchange System.
I do not accept responsibility for any item sent or posted abroad on your behalf or at your request under any circumstances whatsoever.
While I use standard virus checking software, I do not accept any responsibility for viruses or anything similar in any e-mails or attachments originating from me. I also do not accept any responsibility for any changes to, or interception of, any e-mail or attachment after it leaves my information system.
I will store, without charge to you, the original of any notarial act in the “Public Form” as a permanent record. I will keep a copy of every act in private form for twelve years. 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.
In the case of a document that is in a foreign language and in the English language the Notary will rely upon the English translation unless it is not reasonable to do so, in which case the Notary may insist on a further translation being provided. It may be possible for the Notary to arrange a translation but this will be at the client’s cost.
You may terminate your instructions to me at any time by giving me reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged. I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill or comply with my request for a payment on account or you fail to give me the co-operation which I am reasonably entitled to expect.
Consumer Cooling Off Cancellation Period – Consumer Contracts Regulations 2013 (“CCR”): Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication), you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier.
You can cancel your contract within the cancellation period by giving me a clear statement in writing and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation.
If you ask me to begin work during the cancellation period, you can still cancel but you must pay me an amount in proportion to the work which I have performed and this proportion will not be reimbursed to you
Please note that my notarial practice is independent and has no connection whatsoever with my work as a solicitor.
My notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury: The Faculty Office 1 The Sanctuary Westminster London SW1P 3JT
Tel: 020 7222 5381
Email: faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk
The formal and material validity, performance and construction of these conditions and any agreement made, 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.