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TERMS AND CONDITIONS

FEES: We will give you a quote at the outset of the instruction. This will be done by email, telephone or orally. Such a quote is given in good faith and based on the information presented to us at the time. We therefore ask that you provide us with as much detail as possible, and copies of the documents in advance. This initial quote may be varied at a later date. This typically occurs where there are more documents that need to be notarised than previously believed, the urgency of the matter changes, or an embasay revises its fees. We reserve the right to vary the quote as appropriate. Payment shall be in Pound Sterling unless otherwise agreed by us.

V.A.T: Our VAT registration number is 946522901. VAT will be charged on all services provided to clients within the European Union.

DISBURSEMENTS: You are responsible for all payments which we make on your behalf. This may include legalisation fees paid to the Foreign and Commonwealth Office and/or a Consulate, Companies House fees, translation fees, courier fees and special delivery postage charges. We shall not incur these expenses without first obtaining your consent to do so.

YOUR LIABILITY The person who instructs us will be treated as our client and liable for payment. If it is agreed that a third party will settle our fees and/or disbursements, the instructing client will remain liable in the event of non-payment by the third party.

PAYMENT: We reserve the right to demand payment up front, immediately on completion of the instruction or by invoice payable within seven working days, unless otherwise agreed in writing. Invoices will be issued by post and email. If payment is late, we reserve the right to charge interest on any amount overdue, the rate being fixed at 3% from the date the invoice falls due. Any query related to the invoice must be raised immediately on receipt of the invoice.

REFUNDS: We do not issue refunds once the work has been commenced. If you request us to stop the work whilst the instruction is on-going you will be required to pay a cancellation fee amounting to 50% of the agreed quote for our fees, and the cost of any disbursements incurred by us. Once the work has been completed, you will be required to pay the full agreed price.

APPOINTMENTS: If you agree to our terms, and wish to proceed with the instruction, we will ask that you complete a Client Registration Form. This must be completed and signed for each new instruction. By signing the instruction form, you agree to be bound by these Terms of Business. If you are running late to an appointment, wish to cancel, or reschedule, we kindly ask that you notify us in reasonable time.

CANCELLATION: A cancellation fee will apply to any notarial visit outside of our offices. If you have arranged for a notarial visit at your premises, you must let us know in reasonable time in order to cancel the appointment. If the notary is already on his way to the appointment, or at the premises, you will be liable for a cancellation fee. The cancellation fee shall amount to 75% of the agreed quote for our fees but will not include any agreed quote for disbursements.

PROFESSIONAL ADVICE: It is not our responsibility to give you legal advice concerning the document. Our role is to be satisfied that you understand the content of the document and that you intend to be bound by it. You are advised to seek first the advice of your own independent legal or other competent professional adviser who practises in, or is skilled in the law of the jurisdiction to which the document will be sent.

OUR RESPONSIBILITIES: We have to be satisfied as to your identity, your legal capacity, your authority to sign and your understanding and approval. We may insist on a translation. We shall try to ensure that the document, in its execution, form and substance will achieve its purpose. We must be satisfied that it is your voluntary act, that no fraud, violence or duress are involved and that other requisite formalities either under English or foreign law are observed. If we are not satisfied about any one of those things we will refuse to undertake the matter.

LEGALISATION: Some countries require a document to be legalised. This the process by which a state agency confirms that the notary’s seal and signature are authentic. The Foreign and Commonwealth Office will attach an Apostille to the document to verify this. Occasionally the document then has to go to the local Consulate of the country to where the document will be sent. The Consulate will then attach its own certificate or stamp to the document. Your lawyer should advise you of the need for legalisation. If not, you should enquire with them as to if it is necessary. We shall be able to obtain the relevant legalisation and shall discuss with you time scales and fees. However you can deal with legalisation yourself if you wish.

RECORD KEEPING: We shall keep a record of every notarial act that we prepare. This will be stored securely on our internal server. We may also keep a record of your photographic identification securely on our server. You may request copies of the documents at any time.

PRIVACY: We take privacy of your personal information and documents extremely seriously. We shall not disclose the information held by us to any third parties without your authorisation. We are registered as a data controller at the Information Commissioner’s Office: www.ico.gov.uk under registration number

OUR LIABILITY: We carry professional indemnity liability cover of £2 million pounds. We therefore limit the level of our liability to you to £2 million pounds, unless you are injured or die as a result of my negligence, in which case my liability is without limit.

REGULATION: We are regulated by the Faculty Office of the Archbishop of Canterbury. Their contact details are as follows:

The Faculty Office
1, The Sanctuary
Westminster
London
SW1P 3JT

Telephone: 020 7222 5381
Email: faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk

COMPLAINTS: We pride ourselves on striving to deliver the best service possible to our clients. If however you are dissatisfied with your level of service you may raise a complaint using the procedure below:

STAGE 1

Send us an email at info@notary.co.uk addressed to Lisa Preuveneers. We will aim to resolve your matter promptly and with due consideration.

STAGE 2

If we are unable to resolve the matter you may complain to The Notaries Society of which we are a member and who have a Complaints Procedure approved by our regulator’s the Faculty Office. This procedure is free to use and designed to offer a quick resolution to any dispute. Please write (but do not enclose any original documents) with full details of your complaint to the following address:

Christopher Vaughan
Secretary of The Notaries Society
Old Church Chambers,
23 Sandhill Road,
St James,
Northampton
NN5 5LH
Email: secretary@thenotariessociety.org.uk

If you have any difficulty making a complaint in writing, please do not hesitate to call The Notaries Society for assistance.

STAGE 3

Lastly, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of the procedure or after a period of eight weeks from the date you first notified us of your complaint, refer your complaint to the Legal Ombudsman.

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ

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 within six months from the conclusion of the complaint process or within six years of the date of the act/omission or three years from when you should reasonably have known there was cause for complaint (only if the act/omission took place more than six years ago). The act or omission, or when you should reasonably have known there was cause for complaint, must have been after 5th October 2010.

THE RELEVANT LAW: The law which governs our contract with you is English Law and it is agreed that any dispute relating to our services shall be resolved by the English courts. If any of the provisions in our Terms and Conditions may be declared void or invalid by the English courts, this shall not invalidate the Terms and Conditions in its entirety, and all other provisions not deemed void or invalid shall remain in effect.