Terms and Conditions

1. General

These terms and conditions together with any quotation we have given you form your contract with Notary Services Limited. Please note that where you are acting in the course of a trade, business or profession, clause 12 of these terms and conditions contains a limitation on our liability.

2. Signatures

The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with us.

3. Papers to be sent in advance

It will save time, expense and mistakes if, as long before the appointment as possible, you can let us have the originals or photocopies of:

a. The documents to be notarised;
b. Any letter or other form of instruction which you have received about what has to be done with the documents;
c. Your evidence of identification.

4. Identification

We will need you to produce by way of formal identification the original of (in preferred order):

a. Your current passport (or, if not available);
b. A current new driving licence (with photo) or national identity card.

If neither of the above are available, at least two of the following

c. A current government or police issue certificate bearing a photo or other formal means of identification;
d. A utility bill, credit card or bank statement showing your current address which should not be more than 3 months old or council tax bill;

You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. We may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary.

5. Proof of names

In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide us as appropriate with Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed showing all the different names that you use. If there has been a change of name, then we will need to see a copy of the Deed Poll or Statutory Declaration which dealt with it.

6. Advice on the document

If you bring a document to us for authorisation as a Notary, we will advise you as to the formalities required for completing it. However, we will not be attempting to advise you about the transaction itself.

7. Written translations

It is essential that you understand what you are signing.

a. If the document is in a foreign language which you do not understand sufficiently, we may have to insist that a translation be obtained. If we arrange for a translation, a further fee will be payable and we will provide you with details of this.

b. If you arrange for a professional translation, the translator should add his/her name, address, relevant qualification, and a certificate stating: “Document X is a true and complete translation of document Y, to which this translation is attached.”

8. Oral interpreter

If we cannot understand each other because of a language difficulty, may have to make arrangements for a competent interpreter to be available at our interview and this may involve a further fee.

9. Companies, partnerships etc.

If a document is to be signed by you on behalf of a company, a partnership, a charity, club or other incorporated body, there are further requirements on which we may have to insist. Please be prepared for these and telephone with any point of difficulty before attending on the appointment.

In each case:

a. Evidence of identity of the authorised signatory (as listed above).
b. A copy of the current letterhead (showing the registered office if it is a company).
c. A Letter of Authority, Minute, Resolution or Power of Attorney, authorising you to sign the document.

Additionally, companies:

Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, Details of Directors and Secretaries. In all instances we will be carrying out various company searches, which may have an effect on the level of fees charged.

Additionally, partnerships, clubs, etc:

A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.

10. Notarial charges and expenses

Details of our charges are set out below. Please note that if we have to make payments on your behalf such as legalisation fees, translator or interpreter fees, or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts.

Charges:

You will normally be given a fixed fee in writing (by email) prior to your appointment. In cases where our fee is to be charged by reference to time, the applicable hourly rate will be given to you in writing, together with a fee estimate, prior to the appointment. At the same time, you will be given notice of any sums anticipated to be incurred as disbursements. This business is not required to be registered with HMRC for VAT purposes.

Disbursements:

Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign and Commonwealth Office and, for some countries, additional legalisation is required through the relevant embassy or consulate. We would be pleased to provide details of the cost of carrying out legalisation of documents on your behalf once you confirm the country involved and what legalisation has been requested.

Payment can be made by cash/cheque made payable to Notary Services Limited or card/bank transfer. Payment of our fee and disbursements is due when the document has been prepared which we may retain pending payment in full.

Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of our 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, third party fees are adjusted to reflect external factors such as fuel price changes and so on. We will notify you of any changes in the fee estimate as soon as possible.

11. Typical stages of a notarial transaction

Each notarial matter is different and the requirements and timescales will vary greatly according to whether the client is a private individual or a company and in particular according to the processing times of third parties such as the Foreign, Commonwealth & Development Office, legalisation agents, translating agencies and couriers, etc. Some of the typical key stages are likely to include:

a. Receiving and reviewing the documents to be notarised together with any instructions you may have received;
b. Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the document (e.g. information from Companies House or foreign registries, powers of attorney etc);
c. Checking the identity, capacity and authority of the person who is to sign the document;
d. If a document is to be certified, checking with the issuing authorities that the document/award is genuine. In the case of academic awards, this would entail checking with the appropriate academic institutions;
e. Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly;
f. Drafting and affixing or endorsing a notarial certificate to the document;
g. Arranging for the legalisation of the document as appropriate;
h. Arranging for the storage of copies of all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.

12. Limitation of liability

Limitation of Liability: This clause 12 applies only where you are acting in the course of a trade, business or profession. Where you are not acting in the course of a trade, business or profession (ie as a consumer), this clause does not apply. For more detailed information on your consumer rights, please visit the Citizens Advice website http://www.advice.org.uk/.

The contract you make is with us as a company. You will not bring any claim against any of our individual employees, consultants or directors personally in respect of losses you suffer or incur, however arising, in connection with our services. This will not limit or exclude our liability for the acts or omissions of our employees or directors.

If we engage third parties to advise you or act for you, we will not be liable in respect of any advice given or work undertaken by them.

If you instruct the notary to forward or email any documents after notarisation, this will be at your sole risk. If you instruct the notary to use any legalisation agents, we will not be liable in respect of any services provided by them.

Subject to the sub-paragraph immediately below, our total liability to you in respect of all losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed £1,000,000.

Nothing in these terms shall limit or exclude our liability for:

a. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

b. fraud or fraudulent misrepresentation; or

c. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

d. loss of profit, loss of business, business interruption, loss of business opportunity; or

e. any indirect or consequential loss arising under or in connection with this contract.

13. Notarial records and data protection

When we carry out our work for you, we are required to make an entry in a formal register, which is kept by us as a permanent record. We will retain a copy of the notarised documentation with that record. This practice is registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. For full details of our Privacy Policy and data processing terms please see the Privacy Notice on this website.

14. Insurance

In the interests of our clients, we maintain professional indemnity insurance at a level of at least £1,000,000.00 per claim.

15. Termination / Right to cancel

You may terminate your instructions to us at any time by giving us reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.

Consumer Cooling Off Cancellation Period – Consumer Contracts Regulations 2013 (“CCR”): Where the CCR apply (typically where you are an individual consumer and our 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 us a clear statement and we 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 us of the cancellation.

If you ask us to begin work during the cancellation period, you can still cancel but you must pay us an amount in proportion to the work which we have performed and this proportion will not be reimbursed to you.

16. Termination by us

We reserve the right to terminate our engagement by you if we have good reason to do so, for example, if you do not pay a bill or comply with our request for a payment on account or you fail to give us the co-operation which we are reasonably entitled to expect.

17. Complaints

This 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 us.

If we are unable to resolve the matter you may then complain to the Notaries Society, 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 876
Chichester 9ZH
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[1], if you are not happy with the result :

Legal Ombudsman P O Box 6167
Slough SL1 0EH
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 a cause for complaint.

[1] Please note that 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.

18. Use of Technology, Devices and Artificial Intelligence

To the extent that we use any automated decision-making technology, including artificial intelligence, in the course of our services, we do not rely upon the same without human intervention.

Before using any new technology including artificial intelligence, we carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.

19. Email Correspondence

We use e-mail wherever possible. Where you have provided us with an e-mail address, e.g., by sending an e-mail, we will assume that we may use that address for the sending of unencrypted, sensitive or confidential correspondence or documents to you.

We 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 us and attachments thereto should be scanned for viruses by the recipient.

20. 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 and 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.