1. Introduction
These Terms of Business stipulate the basis on which our firm's Notary Public Legal Services will be provided to our clients. No other Terms of Business will apply, except as agreed in writing.
2. Instructions
Instructions from clients will be accepted or declined in accordance with the Public Notaries(Conduct and Discipline) Rules 1993 and the Notaries Practice Rules 2009.
You will provide us with a full description of the Notarial Services you require and a statement of objectives. It would be helpful, if a copy of the documentation requiring Notarial Services could be forwarded by e-mail in advance of your appointment.
We are duly admitted and sworn as Notaries, who are entitled by statute to practice throughout England and Wales. Our practice is regulated by the Court of Faculties, Office of the Archbishop of Canterbury. We are members of The Notaries Society of England and Wales and are members of the Ecclesiastical Law Society of England.
3. Fees
Please pay our fees in advance of our acting for you either by electronic banker's transfer or by cash. Fees are reviewed on 31st March of each year.
In accordance with the Council of The Notaries Society Guidelines (which stipulate that fees must be reasonable having regard to all of the circumstances of the case) our fees may in addition be increased to reflect value, complexity, speed and special skills.
Except where we agree a fixed fee, our charges are based on the time we spend dealing with your instructions. Chargeable time will include meetings with you and others, any time spent traveling, consideration, preparing and working on papers, correspondence including letters, e-mail and fax messages.
All letters, fax and e-mail messages and telephone calls will be charged on a time and materials fee basis.
Our fees are also assessed by reference to the complexity of the matter, the skill, labour,
the specialised knowledge and responsibility involved, the number and importance of documents prepared and the importance of the matter to you.
4. Disbursements
We reserve the right to request money to be paid on account of fees for work to be undertaken where disbursements are to be incurred on your behalf. Payments should be received by the firm in sufficient time to allow for bank clearance of funds.
You will be responsible for the payment of all disbursements and payments made on your behalf, including legalisation fees payable in advance to the Foreign and Commonwealth Office, embassy fees, agency fees, Companies House search fees, courier fees and translation fees.
Our fees take into account our incidental disbursements such as normal postage and telephone charges. We will charge for any other expenses we incur including printing, photocopying, overseas postage, overseas courier fees, exceptional typing requirements, overseas telephone and fax costs.
5. Estimates
Where possible, for more complex matters we will, upon accepting instructions, give you a written estimate of the fees and disbursements. The estimate is provided to you as a guide to assist you with budgeting and should not be regarded as a fixed price quotation.
6. Payment
Our preferred methiod of payment of our fees is by electronic banker's transfer or by cash.
Our fees and disbursements are payable before the signature or release of the notarised documentation or upon the conclusion of the legal services rendered. Payment may be made online by valid debit card or by valid credit card. With regard to payment of our fees, time shall be of the essence.
7. Continuing obligations
Unless otherwise agreed, we shall not be under any continuing obligation to advise you of changes in the law which may affect a matter previously discharged.
All communications generated between us shall remain confidential and shall not be disclosed to any third party without your consent.
As part of our commitment to the provision of a quality assured legal service to you, suitably qualified external assessors periodically will review our systems, records, files and documentation to ensure compliance.
Files are not made available to assessors if the subject matter is of a sensitive nature or where you specifically request that the files should not be made available.
8. Data Protection Act 1998
As a data controller, we are bound by the requirements of the Data Protection Act 1998.
You agree that we may obtain, use, process and disclose personal data to enable us to discharge the services agreed under these Terms of Business and for other related purposes including updating and enhancing client records, analysis for management purposes,statutory returns, crime prevention and legal and regulatory compliance.
9. Regulation and compliance
Our Notarial Practice is regulated by the Court of Faculties, Faculties Office of the Archbishop of Canterbury. If you have a complaint about our service, please raise the matter with us first and we shall try and put the matter right for you.
If you wish to subsequently pursue your complaint, you can contact the Court of Faculties, Faculty Office, 1 The Sanctuary, Westminster, London SW1P 3JL. Telephone : 020 7222 5381. The Office have a discretion to invite The Notaries Society to resolve the complaint under its Informal Complaints Procedure.
10. Money Laundering Regulations 2007
In order to enable us to satisfy our obligations under these Regulations and related legislation, it will almost always be necessary for you to supply appropriate proof of identity before we are able to act or continue to act for you or for any principal whom you represent.
We will also not be able to receive any funds for, or pay any funds to, you or on your behalf unless all necessary identification and other procedures have been satisfied for the purposes of the Regulations.
In compliance with the Regulations and for insurance purposes we do not normally accept cash payments in excess of the amount of £ 500.00
We may use electronic identification service providers to confirm your identity and that of any beneficial owners.
For individuals and unincorporated partnerships, proof of identity will usually be a current
passport, driving licence, recognised photo identity card or equivalent, showing your name, date of birth and photograph, together with a current Utility Bill or equivalent confirming your address.
For companies and limited liability partnerships, we will usually require a copy of the Certificate of Incorporation and a copy of the audited statutory accounts together with personal identification as above in respect of some or all of the body's officers.
In the case of a company incorporated overseas, there should also be a certificate from a Notary Public, qualified in the relevant jurisdiction, to the effect that the company is properly incorporated, together with evidence of the company's directors and of the authority and identity of the persons instructing us.
For other clients, such as trusts, estates, charities and unincorporated associations, we will advise you of the documents needed for proof of identity. We will need to check whether you may be a politically exposed person as defined in the Regulations or a family member or close associate of such a person.
For all clients other than individuals, we will also need to establish the identity of the beneficial owner(s) of the client. This is likely to mean that we have to ask for additional documentation such as documents which evidence ownership and control of the client. We will discuss this with you.
We understand that the operation of these Regulations may be a cause for concern, but ask for your cooperation in assisting us to comply with our legal obligations.
11. Proceeds of Crime Act 2002 and the Terrorism Act 2000
We are prohibited by this legislation from acting for or advising a client in relation to terrorist financing or the acquisition, retention, use or control of the proceeds of any crime or any attempt to conceal, disguise, convert or transfer any criminal property or to remove it from the jurisdiction, or from being involved in arrangements relating to such activities.
The proceeds of crime and criminal property are widely defined for these purposes to include any activity (including tax evasion) carried on anywhere which would be illegal if carried on in the United Kingdom.
We have a legal obligation to report to the Serious Organised Crime Agency any person, including a client, suspected of activity covered by this legislation. As a result we reserve the right to make all disclosures to relevant authorities as required by law, without notice to you and if appropriate to cease acting for you without giving any specific reason.
These obligations override our duty of confidentiality to you. We will not accept any liability for any loss or damage that you or a third party may suffer or incur on any account, for any action taken, or not taken, by us in good faith with a view to complying with this or any related legislation.
We may also require confirmation from you of the source of funds, in particular any remitted from overseas and whether all necessary tax has been paid and all necessary returns made in relation to any overseas funds. We reserve the right to require further information and supporting documentation as appropriate.
12. Limitation of Liability
This provision shall apply to any claim against us by you and if any duties are held to be owed to them, any individuals or bodies who are related or associated to you, any officers, employees or consultants of any of these entities.
Our liability for any claims, demands and costs in respect of any act, omission or negligence relating to the matter to which these terms relate will be limited to such amount, including the costs of the claimant, not being more than the sum of £100,000.00
All claims arising from the same act or omission or from a series of related acts or omissions shall be regarded as one claim, whoever they are made by. No individual within our Notarial Practice whether they are principal or employee will be personally liable at all for any act, omission or negligence in the course of the conduct of the matter.
No liability will in any event apply in respect of any incidental, indirect, special or consequential damages, including but not limited to loss of revenue.
These exclusions shall apply to any claim in respect of the death of or injury to any person. Subject to that, please note that by entering into an agreement upon these Terms of Business, you are agreeing to limit your potential ability to claim in accordance with the above.
The application of any legislation conferring on third parties contractual or other provisions including the Contract (Rights of Third Parties Act 1999), shall be excluded insofar as permitted by law.
13. Force Majeure
We shall not be liable for any loss or damage arising from the direct or indirect cause of the supply of services being prevented, hindered, delayed or rendered uneconomical due to circumstances beyond our control, including but not limited to Acts of God, acts of civil or military authority, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, flood, storm or difficulty or increased expense in obtaining information or services of any description.
14. Law and Jurisdiction
The validity, performance and construction of these Terms of Business and any disputes arising from or relating thereto, shall be governed by the laws of England and Wales. Both
parties agree that any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
15. Foreign Law
We do not advise on foreign law and act in an evidential, authentication capacity. Due to insurance policy exclusions, our insurers do not permit us to advise individuals or companies based in either the United States of America or Canada.
16. Notices
Any notice to be given to us shall be sent to our current office address and any notice to be given by us, may be given to you at your last address known to us.