Terms and Conditions

Terms & Conditions

  1. HOURS OF BUSINESS: My office hours are 09:00 to 17:15 from Monday to Friday. In appropriate cases I can arrange to see you outside my usual office hours, or away from the office. In such cases I would charge a reasonable fee for travelling time plus the cost of my travel.
     
  2. RESPONSIBILITY: A Notary’s first duty is to the transaction as a whole. Notarial acts are relied upon by clients, third parties and foreign governments and officials worldwide. Unless otherwise agreed in writing, a Notary’s responsibility is limited to the Notarial formalities and does not extend to advice on or drafting of documentation or in relation to substantive legal input on the matter under consideration.  I do not give foreign law advice.
     
  3. FEES: My present hourly rate is £260 per hour plus VAT and disbursements and my minimum fee is £60. I reserve the right to vary these rates in respect of extremely urgent work or work done outside ordinary office hours or at the weekend.
     
  4. PAYMENT: My charges are normally payable on presentation of my  invoice  (usually  at  the  meeting)  by  cash,  cheque  or  by immediate BACS transfer. Notarised documents will not normally be released until all fees and disbursements have been paid in full.
     
  5. DISBURSEMENTS: You are responsible for all payments which I make on your behalf. Typical examples are legalisation fees paid to the Foreign and Commonwealth Office and/or an Embassy, legalisation agents’ fees, Companies Registry fees, courier fees and special delivery postage charges. However, I shall not incur these expenses without first obtaining your consent to do so.
     
  6. DOCUMENTATION TO BE PREPARED: I may need more than one appointment to finalise the matter, particularly if it is necessary for me to prepare all or some of the documentation.
     
  7. PROOF OF IDENTITY: Identification of individuals and proof of residential address is required in all cases.  This is usually by way of a current passport, photo card driving licence or national identity card and a recent gas, electricity or other bill or bank statement. Exceptionally, other proof may be acceptable.

If you act on behalf of a company, I will need to establish that it exists and that the signatory has authority to represent it. I generally conduct my own checks at the Companies House. In some cases, I may  ask  you  to  produce  a  certificate  of  incorporation,  good standing certificate or other similar evidence.

  1. WRITTEN   TRANSLATION: In cases   where   I   do   not   have knowledge  of the  language  in  which  the  document  is  written, official translations may be required.
     
  2. LIABILITY:  I  carry  professional  indemnity  liability  cover  of £1,000,000 which is the minimum level of cover specified by the Master of the Faculties. I therefore limit the level of my liability to you to £1,000,000 unless you are injured or die as a result of my negligence, in which case my liability is without limit.
     
  3. COMPLAINTS: I aim to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below.  Notaries are regulated by the Faculty Office of the Archbishop of Canterbury: The Faculty Office, 1, The Sanctuary, Westminster, London SW1 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 me. If I am unable to resolve the matter then you may 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.

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, St James, Northampton NN5 5LH, Email: secretary@thenotariessociety.org.uk, Tel: 01604 758908

If you have any difficulty 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 eight weeks 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:

Legal Ombudsman, P.O. 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 to the Legal Ombudsman within six months from the conclusion of the complaint process.

*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.

  1. RECORDS: At the end of the matter, a formal entry of the main details of your transaction and frequently copies of the notarised document  must  be  kept.  In  particular,  when  I  am  requested  to certify some documents such as public deeds, the above details will also be kept in my notarial protocols.
     
  2. EMAIL COMMUNICATIONS: In performing my services I may wish to send messages and documents to you by electronic mail (email). Like other means of communication, email is not entirely risk-free and carries with it the possibility (among other things) of corruption, inadvertent misdirection, non-delivery of confidential material, inadvertent deletion or unauthorised access.

Nevertheless, the benefits that it brings in terms of speed and efficiency of communications and cost means that whenever possible I will use it in the provision of my services in your matter.  Unless you notify me to the contrary in writing, I shall regard your acceptance of my terms of engagement as including your agreement to the use of email.

  1. DATA PROTECTION: Except as explained below, I will maintain my professional and legal obligations of confidentiality in relation to the work I undertake for you and in relation to information which comes into my possession in the course of undertaking that work.
  1. For  the  purposes  of  acting  for  you  including  without limitation disclosures to your other advisers or third parties involved in the work I am undertaking for you, such as FCO, Foreign Embassies and legalisation agents;
  2. to my staff, accountant and auditor for the purpose of my accounts;
  3. to  my  professional  indemnity  insurers  in  relation  to  your matter if it becomes necessary under the terms of my professional indemnity insurance to notify communications which would ordinarily be protected by legal professional privilege;
  4. as required by law or by any regulatory authority to which I am subject;
  5. for the purposes of complying with my obligations under anti-money laundering or counter terrorist financing legislation for the time being in force;
  6. for the purpose of applying my risk management policies.
  7. for my legitimate interests (or those of a third party) and your interests; and
  8. for any public interest

    14. ANTI-MONEY LAUNDERING:  Notaries are obliged  under the Anti-Money Laundering  Legislation  to  take  measures  to  protect against fraud and forgery. To ensure that I comply with this you acknowledge and agree that I may make all such enquiries as I deem necessary or appropriate in order to comply with my duty, and you will provide me with such documents and information as I may request. Your failure to do so will entitle me to terminate my engagement and cease acting for you forthwith.

    15.EQUALITY  AND  DIVERSITY:  I  am  committed  to  promoting equality and diversity in all of my dealings with clients and third parties.

    16. THE RELEVANT LAW: 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.

    17. RIGHTS OF CANCELLATION: The rights of cancellation as set out below apply to instructions received from a consumer, who is an individual instructing us for their personal benefit.

Where we have not met in the course of taking instructions:

a) If we have not met in the course of taking your instructions to act for you and you are not a Company or a Limited Liability Partnership, the Consumer Protection (Distance Selling) Regulations 2000 apply. This means you have the right to cancel your instructions to us within seven working days of receiving the letter enclosing these terms and conditions.

b) You can cancel your instructions by contacting us by post, email or by fax to this office using the contact details that are set out on the front page of the above mentioned letter. If you cancel your instructions within the cancellation period you will not be charged for any work undertaken on your behalf.

c) We will not start work until the cancellation period has expired unless you provide
written confirmation that you would like us to start work straight away and therefore within the cancellation period. If you would like us to commence work within the next seven working days, please sign our terms and conditions and return them to this office by post, email or fax using the contact details provided.

d) Once we have started work on your file, you may be charged if you then cancel your instructions.

e) We will give you an estimate of the time that it will complete to perform the matter that you have instructed us to deal with before commencement of the matter.

Where we have met you at your home, the home of a third party or your place of work:

If we take instructions and you enter into a contract in either your home, the home of a third party of place of work then the Cancellation of Contracts made in a Consumer's Home of Place of Work Regulations 2008 apply. These also allow you to cancel your instructions within 7 days. If this right to cancel applies to you we will provide you with a separate Notice of Right to Cancel with your client care letter. It is important that you read this notice as it will contain important information about your cancellation rights.

18. AGREEMENT: As confirmation that you would like us to proceed on this basis, I would be grateful if you would sign the extra copy of this letter, thereby accepting the terms and conditions and return the same to me. We will then have entered an agreement which will mean that our fees, as set out above, will be agreed. Given the agreement your rights to challenge our charges will be restricted. Our terms will be deemed to be accepted by you if you continue to instruct us not withstanding any failure to refuse the gifted copy of this letter.

Yours sincerely,

Michael Callaghan
Notary Public