TERMS AND CONDITIONS OF BUSINESS

FOR NOTARIAL WORK

 

This document sets out the terms upon which I will act on your behalf as an independent Notary.  My contact details are set out in the contacts page of this web site including my telephone number and my email address.  I currently practice in  Folkestone, Kent and also undertake appointments in London.

 

1.   Instructions

You are asked to supply clear instructions, including all relevant background information, at the outset and as the matter continues. Companies should nominate one individual who is authorised to give instructions on the company's behalf in relation to each matter.

It would be helpful if you could let me have a copy of any document to be notarised in advance of our meeting, preferably by e-mail.

2.    Fees

Fees are assessed either by the time spent on a matter or on a fixed fee basis depending on the nature of the notarial act required.

Fees that are levied by reference to the time spent on the matter will be on the basis of an hourly charging rate of £200. Details of the hourly rates applicable to any particular matter are available on request. Rates are reviewed from time to time. Detailed records of all time spent on each matter are kept.

Work that is undertaken on a fixed fee basis will be in accordance with my Schedule of Fees and will be notified to you at the time of making an appointment. My Schedule of Fees is reviewed from time to time.

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 to date.

Separate charges are made for any disbursements or expenses incurred on your behalf. In addition you will be charged for any fees that I incur on your behalf and these will be discussed with you prior to incurring the same.  These may include company search fees, Foreign & Commonwealth Office fees, embassy fees, courier fees and translator’s fees etc depending upon the nature of the work you ask me to carry out.

Costs are also charged in relation to preparatory and drafting work, correspondence, travel time and attendances.

I am currently not registered for Value Added Tax and expenses and disbursements will be charged gross.

My fees will cover advising you on the telephone or by email in advance of our meeting, time spent at the meeting itself and for attending to any further formalities that need to be observed to properly notarise and/or legalise your documents.

I reserve the right to ask for money to be paid on account of disbursements to be made or expenses to be incurred.

3.    Estimates

Except in the most routine cases, it is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise. However, guidance as to likely costs will be given, where possible, on request. Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding. Variations in the instructions given, including requests for additional work or unexpected developments and/or inexperience, incompetence or lack of co-operation on the part of other parties or their advisers may increase costs.

4.   Invoices

Fees are always due for settlement on completion of work and prior to release of notarised documentation. Invoices are delivered for all work carried out, expenses incurred and disbursements made during the conduct of a matter.

Invoices must be settled immediately.

Any queries concerning an invoice should be raised immediately upon receipt. 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 in full.

Where by prior arrangement invoices are not to be settled immediately on presentation the invoices must be settled within 7 days or, if requested, immediately if further work on the matter is required. Any queries concerning an invoice should be raised immediately upon receipt.

In the event of payment not being made as requested, I reserve the right to decline to act any further on your behalf.

Interest is chargeable from the date of the invoice on invoices outstanding for more than 7 days at the statutory commercial rate from time to time in force.

Where outstanding for more than 30 days from issue my invoice shall be assigned to a debt collection agency for recovery of the outstanding fees.

5.    Liability for payment of fees

Where you request that an invoice is to be paid by a third party on your behalf (and such third party has provided confirmation of their willingness to pay my notarial fees) and such third party does not pay the invoice within 7 days of issue of the invoice, you as the instructing client will immediately become liable to discharge that invoice.

Where I accept instructions from a limited company, I may require personal guarantees in relation to its fees and disbursements from appropriate directors or shareholders (or other individuals or companies) at any stage in the transaction.

Where the person instructing me does so on behalf of two or more persons, each of those persons shall be jointly and severally liable to me for the obligations imposed by these terms.

6.    Termination of instructions / retainer

You may terminate your instructions to me in writing at any time but you will be charged for any charges incurred and my fees for any work undertaken on your matter, up to the date of the termination, based on my hourly rate.

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 on your behalf.

7.   Quality of Service

It is my aim to provide a good service to everyone. If you have cause for dissatisfaction or complaint you should notify me immediately. If you are not satisfied that I have dealt with your dissatisfaction or complaint, then the matter can be raised with the Notaries Society.

8.    Money Laundering Compliance

I operate money laundering reporting procedures as required by law whereby, in the event of any suspicion of money laundering, information will be revealed to the appropriate authorities.

At each meeting you will be asked to produce a current passport to confirm your identity as well as evidence of your residential address (utility bill or bank statement will serve for this purpose).  If you are signing the document in your capacity as a director or as company secretary of a company I will require evidence of your status to act.  This can be achieved either by my undertaking a company search (for which you will be charged £20) or by you providing a copy of the company’s statutory books and a copy of the latest filed annual return.

9.   Professional Indemnity and Limitations on Liability.

9.1   No liability for loss (including, but not limited to, damages, costs and interest) to you or other parties, whether in contract, tort (including negligence) or otherwise will be accepted by me in relation to any matter in the absence of specific written agreement to the contrary referring to these term and signed by myself in excess of the amount of the my professional indemnity insurance cover from time to time. The present cover is for not less than £1,000,000. Specific cover for higher limits may be obtainable in certain circumstances at your expense.

9.2    The amount of any liability is to be reduced so far as may be appropriate 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 under the Civil Liability (Contribution) Act 1978 taking no regard for any limitation agreed between you and such advisor, and they had the resources to meet the same, provided that I shall not be obliged to make or pursue any such claim for contribution.

9.3   No liability whatsoever will be accepted by on my part in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the person/organisation for whom I have agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by me to provide advice or services or to rely upon any advice given or opinion expressed by or on behalf of me. 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.

9.4   In any event, no liability whatsoever will be accepted on my part where such liability either arises from any instructions or information given by you or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the services provided by me or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.

9.5   All searches of the Register of Companies carried out by me are affected using the Registrar of Companies' on-line services. To the extent that the Registrar or other provider does not accept responsibility for any inaccuracies or omissions arising from use of the on-line services, I accept no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.

9.6   No liability will be accepted for any claim first brought outside the United Kingdom.

9.7   These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied.

10.   E-mail Correspondence

It is my policy to use  e-mail wherever possible. Where you have provided me with an e-mail address, e.g., by sending an e-mail, I will assume that I may use that address for the sending of unencrypted, sensitive or confidential correspondence or documents to you. I may also, during the course of a matter, send unencrypted, sensitive or confidential information to other persons involved, unless specifically requested by them or you not to do so. All e-mails sent by me and attachments thereto should be scanned for viruses by the recipient.

11.   Confidentiality

I attach great importance to dealing with your affairs in strict confidence. However, the professional body regulating Notarial practice has rights of inspection to ensure good practice and conduct.

12.   Force Majeure

I will not be liable for  any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond my control, including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description

13.   Foreign Law

I do not advise on foreign law but act solely in an evidential, authentication capacity.

14.   Data Protection

I am required to comply with the Data Protection Act 1998. Your personal data may be used and disclosed to third parties in the course of providing services to you and for regulatory purposes. I am also required to maintain personal data for regulatory and insurance purposes for a period of time after conclusion of provision of services to you. Some clients' files (and personal data therein) may occasionally be made available on a confidential basis to an external quality assessor or auditor. I reserve the right to carry out such credit or other searches in respect of you as considered appropriate.

15.   Governing Law and Jurisdiction

The terms and conditions of our arrangement and the provision of these Terms of Business shall be governed by English law shall be subject to the exclusive jurisdiction of the English courts 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.

16.   General

16.1    As an employed solicitor and notary and not a notary working as a solicitor in private practice I am currently not able to meet clients at my office during normal business hours. I may use the facilities of a managed services office such as a Regus office for appointment purposes and on making an appointment I will provide you with full details of where the appointment will take place.

16.2   I generally undertake notarial appointments outside of normal office hours and on Saturdays but for urgent assistance alternative arrangements can be made.

16.3   I am happy to visit you to deal with a notarial appointment but I will charge you for the time spent travelling to and from your premises or other location at my hourly rate plus any car park charges (where applicable).

16.4   I will keep a copy of the document(s) I notarise for you.  I also maintain a register of names and addresses of my clients but this information is maintained by me and is not passed to any third party.  On my death my notarial records will pass to a successor notary.

 These Terms and Conditions are effective from March 2009 and are in substitution for all previous Terms and Conditions issued