Terms
London Notary Public Terms of Business
The following general terms and condition will apply to all Notarial and legalisation services and matters handled by London Notary Public practice, N Now Limited (Company number 09482090), unless otherwise agreed in advance in writing:
- Notary Public London Instructions
You are asked to supply clear instructions, including all relevant background information, at the outset and as the matter continues. Companies should nominate one individual who is authorised to give instructions on the company’s behalf in relation to each matter. The key criteria we would ideally identify in advance of the meeting is: (1) the number of documents which require notarisation; (2) who is signing the documents (3) are these documents being signed in a personal capacity or on behalf of a company; (4) in which country are the documents going to be used?; and (5) what deadlines (if any) are there for completion of the Notarisation requirement?
- Basis of Charging – Cost rate £450 + VAT per hour for Notary Public Matthew Pryke.
As a progressive Notary Public firm we prefer to charge pre-agreed, fixed fees. We are happy to provide a Notary fee quote for free and are able to agree set fees for the large majority of matters we work on. For further details please refer to the Fees section of the website. Notary Public London Fees are sometimes assessed by reference to the time spent on the matter, on the basis of an hourly charging rate. Details of the hourly rates applicable to any particular matter are available on request. Rates are reviewed from time to time and usually at the end of each calendar year. Detailed records of all time spent on each matter are kept and are available on request. In accordance with Notarial practice guidelines, (which stipulate that fees should be fair and reasonable having regard to all the circumstances of the case), our Notary Public London fees may also include an additional element reflecting other factors including value, importance, speed, complexity or special skills. If instructions are terminated for any reason, a charge will be made for all work carried out to date. Separate charges are made for any disbursements or expenses incurred on behalf of you. Costs are also charged in relation to preparatory and drafting work, correspondence, travel time and attendances. N Now Limited is registered for Value Added Tax (VAT Registration Number: 263331131) therefore all Notary fees and associated services are subject to VAT. Only expenses and disbursements will be charged gross. We may choose to charge you a fee of £120 for any appointment which you fail to attend without supplying a minimum of 24 hours notice. We will send you invoices on email and these are payable on receipt. Unless agreed otherwise in advance in writing we do not provide any credit for Notary fees incurred. Payment can be made by cash, cheque, bank transfer or card payment. There is a 3% additional charge on card payments all other payment methods incur no additional charge.
- Estimates – Free London Notary Fee Estimates
Except in the most routine cases, it is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise. However, guidance as to likely costs will be given, where possible, on request. Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding. Variations in the instructions given, including requests for additional work or unexpected developments and/or inexperience, incompetence or lack of co-operation on the part of other parties or their advisers may increase costs.
- Funds on Account
All amounts less than £400 should be paid in cash or by cheque in advance. We reserve the right to ask for money to be paid on account of work to be done, disbursements to be made or expenses to be incurred. Such funds are held in our Client Account until such time as an invoice is submitted or a payment made on a your behalf. Credits to the firm’s Client Account should be made in sufficient time to allow for bank clearance before they are required.
- Notary Invoices
Fees are always due for settlement prior to completion of work and prior to release of completed documentation. Invoices are delivered where required for work carried out, expenses incurred and disbursements made during the conduct of a matter. Invoices must be settled immediately. Any queries concerning an invoice should be raised immediately upon receipt. In the event of payment not being made as requested, we reserve the right to decline to act any further on behalf of you and/or to exercise a lien on any papers or documents of yours which are in our possession, until payment has been made. Please note, there is a 3% additional charge if invoices are settled by using card. There are no administion fees charges for payments made by cash, cheque or bank transfer.
- Termination of retainer
You may terminate instructions to us in writing at any time. In the event of payment not being made for an invoice or on account as requested, or in the event of your insolvency or if a conflict of interest becomes apparent or if you fail to instruct the us properly, we may decline to act any further on behalf of you. We may exercise the lien that arises on any papers, documents, money or securities of yours which are in our possession until payment for any outstanding charges has been made.
- Instructions
You are asked to supply clear instructions, including all relevant background information, at the outset and as the matter continues. Companies should nominate one individual who is authorised to give instructions on the company’s behalf in relation to each matter.
- Quality of Notarial Service
It is our aim to provide a good service to everyone. If you have cause for dissatisfaction or complaint you should immediately notify Matthew Pryke. If you are not satisfied that London Notary Public practice, N Now Limited dealt with your dissatisfaction or complaint, then the matter can be raised with the Notaries Society.
E-mail
It is our policy to use e-mail wherever possible. Where you have provided us with an e-mail address, eg, 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.
- Money laundering compliance
We operate a money laundering reporting procedure as required by law whereby, in the event of any suspicion of money laundering, information will be revealed to the appropriate authorities. You will be required to provide satisfactory proof of identity and full details of the source and proposed destination of funds. Pending this, funds may be frozen and we will not accept any responsibility for loss or delay caused by the failure by you to provide such information promptly.
- Professional indemnity, limitations on liability
11.1 No liability for loss (including, but not limited to, damages, costs and interest) to you or other parties, whether in contract, tort (including negligence) or otherwise will be accepted by us in relation to any matter in the absence of specific written agreement to the contrary referring to this term and signed by Matthew Pryke in excess of the lower of:
11.1.1 The sum of £1,000,000.
11.1.2 The amount of London Notary Public practice, N Now Limited’s professional indemnity insurance cover from time to time. The present cover is for not less than £1,000,000. Specific cover for higher limits may be obtainable in certain circumstances at your expense.
11.2 The amount of any liability is to be reduced so far as may be appropriate to take account of the degree of responsibility of any other professional or other advisers whom you have consulted in relation to the matter as if we had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 taking no regard for any limitation agreed between you and such advisor, and they had the resources to meet the same, provided that we shall not be obliged to make or pursue any such claim for contribution.
11.3 No liability whatsoever will be accepted on the part of us in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the person/organisation for whom we have agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by us to provide advice or services or to rely upon any advice given or opinion expressed by or on behalf of us. The application of any legislation conferring on third parties contractual or other rights, including the Contract (Rights of Third Parties Act 1999) shall be excluded insofar as permitted by law.
11.4 In any event, no liability whatsoever will be accepted on the part of us where such liability either arises from any instructions or information given by you or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the services provided by us or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.
11.5 All searches of the Register of Companies carried out by us are effected using the Registrar of Companies’ on line service. To the extent that the Registrar or other provider does not accept responsibility for any inaccuracies or omissions arising from use of the on line service, we accept no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.
These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied.
- Force majeure
We will not be liable for any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond our control, including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description.
- Confidentiality
We attach great importance to dealing with your affairs in strict confidence. However, the professional body regulating Notarial practice has rights of inspection to ensure good practice and conduct.
- Foreign Law
We do not advise on foreign law but act solely in an evidential, authentication capacity.
- Rights of third parties
Save as otherwise specifically agreed in writing in advance, we accept no liability for the rights of third parties resulting from any Notarial act provided.
- Jurisdiction
This London Notary Public practice undertakes all of its notary public services in London, England. English law shall be the applicable law and the English courts shall have sole jurisdiction 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.
- Notary Public London Complaints
If you have complaints about any element of my Notary Public London services please do not hesitate to contact me immediately. If, despite such referral, the complaint cannot be resolved to your satisfaction I will pass your complaint to The Notaries Society of which I am a member. The Notaries Society has a Complaints Procedure which is approved and accepted by the Faculty Office, who regulate London Notary Publics and London Notaries.
If you prefer, you can complain to The Notaries Society directly. Please direct any such complaint to:
Christopher Vaughan
Secretary of The Notaries Society
Old Church Chambers
23 Sandhill Road
St James
Northampton. NN5 5LH
Email secretary@thenotariessociety.org.uk
If despite these steps you consider that your complaint has not been addressed please considered escalating the complaint by invoking the Notaries Society Approved Complaints Procedure, you may at the end of that procedure or after a period of eight weeks from the date of making the complaint to me, make your complaint direct to the Legal Ombudsman (whose contact details are set out below) if the matter has not been resolved to your satisfaction :
Legal Ombudsman
P O Box 6167
Slough SL1 0EH
Tel : 0300 555 0333
Email : maenquiries@legalombudsman.org.uk
Website : www.legalombudsman.org.uk