1.These Terms and Conditions of Business and the terms of the attached Data Protection Notice apply to all Notarial matters with which I deal.
2.My fee takes into account the professional time spent on the matter; its complexity and timescale; any legalisation requirements; travel time etc. I quote competitive fees for all work undertaken.
3.My fees are not subject to VAT, for which my practice is not registered.
4.In addition to my fees, other expenses may be incurred, for example to Companies House, the Foreign & Commonwealth Office, foreign Embassies and Consulates, agents, couriers and postage charges. These expenses are charged at cost.
5.All fees and other expenses must be discharged, by cleared funds on presentation of an invoice, normally at the time of meeting, before documents will be released.
6.My role and responsibility is not to give you legal advice upon your document. You must rely instead on the advice of your own independent legal adviser in the law of the jurisdiction in which the document is intended to, or may, be used.
7.I must be satisfied that you understand the document and, in some cases, may insist on a translation.
8.I will have to verify your identity, your legal capacity, your authority and your approval of the document.
9.In some circumstances, I may decide that I should decline, or cease to, act. Examples of such circumstances are:-
•When my charges are not paid
•If I do not receive clear and proper instructions
•If I believe that the matter involves fraud or violence
10.I keep copies of all notarial acts for as long as required by my professional rules. I also keep copies of all documents produced to me to confirm your identity, and you authorise me to do so. I also keep a register of the details of the matter.
11.Except to the extent excluded or modified by the Unfair Contract Terms Act 1977 (i.e. in relation to personal injury or death) my liability to you is limited to the extent of my professional indemnity liability insurance cover, currently £1,000,000.
12.The law which governs my contract with you is English law, and it is agreed that any dispute relating to my services shall be resolved by the English courts.
13. My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury :
The Faculty Office
1, The Sanctuary
Telephone 020 7222 5381
Email Faculty.email@example.com Website www.facultyoffice.org.uk
14. If you are dissatisfied about the service you have received please do not hesitate to contact me.
15. 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.
16. 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
Northampton. NN5 5LH
Tel : 01604 758908
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.
17. 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 6 months 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 :
P O Box 6806
Wolverhampton. WV1 9WJ
Tel : 0300 555 0333
Email : firstname.lastname@example.org
Website : www.legalombudsman.org.uk
18. If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman :-
• Within six months of receiving a final response to your complaint and
• Six years from the date of act/omission; or
• Three years from when you should reasonably have known there was cause for complaint (only if the act or omission took place more than six years ago)
The act or omission, or when you should have reasonably known there was cause for complaint, must have been after 5th October 2010.
*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.