Terms of Business
The following general terms will apply to all matters handled on behalf of clients, unless otherwise agreed in writing:
Clients are asked to supply us with clear instructions, including all relevant background information, at the outset and as the matter continues.
Company clients should nominate one individual who is authorised to give instructions on the company's behalf in relation to each matter.
2. Basis of Charging
Fees are assessed mainly 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.
In accordance with notarial practice guidelines, (which stipulate that fees should be fair and reasonable having regard to all the circumstances of the case), my 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.
Costs include preparatory and drafting work, correspondence and attendances.
The notarial practice is not registered for Value Added Tax.
It is sometimes difficult to estimate what work will be necessary to complete a matter, bearing in mind the variety of circumstances which may arise. However many routine jobs can fairly reliably be estimated to be covered by the minimum fee of £75.00.
4. Funds on Account
I reserve the right to ask for money to be paid on account of work to be done.
Fees are normally due for settlement on completion of work and prior to release of completed documentation.
Invoices must be settled within 7 days or, if requested, immediately if further work on the matter is required. Any queries concerning an invoice should be raised immediately upon receipt.
In the event of payment not being made as requested, I reserve the right to decline to act any further on behalf of the client and/or to exercise a lien on any papers or documents of the client which are in my possession, until payment has been made.
Interest is chargeable from the date of the invoice on invoices outstanding for more than 7 days at 2% per annum above Barclays Bank Base Rate from time to time in force.
6. Liability for Payment
Where a client requests that an invoice is to be paid by a third party on behalf of a client and such third party does not pay the invoice within 7 days of issue of invoice the instructing client will immediately be liable to discharge that invoice.
7. Quality of Service
It is my aim to provide a good service to clients. Any client who has cause for dissatisfaction or complaint should immediately notify me.There is an official complaints procedure, and particulars are supplied at the time of receiving instructions.See also the Complaints Procedure page.
I attach great importance to dealing with clients' affairs in strict confidence. The professional body regulating Notarial practice also has rights of inspection to ensure good practice and conduct.
9. Professional Indemnity (Redress Information)
I maintain professional negligence indemnity insurance providing cover as per the requirements set by the Faculty Office of the Archbishop of Canterbury (£1,000,000 cover). Details are available upon request. No liability for loss to clients not covered by the limits of such insurance can be accepted.
All liability arising out of legal actions instituted within the jurisdiction of the United States of America or Canada is excluded.
10. Typical Key Stages of a Transaction
Some typical key stages might include:
Receiving and reviewing documents and covering instructions
Enquiring elsewhere e.g. Companies House
Checking ID, capacity and authority of person who is to sign
Checking whether a document is genuine
Meeting person who is to sign, and ensuring they fully understand what they are proposing to sign
Preparing and endorsing/affixing Notarial Certificate
Considering need for legalisation and advising on this aspect
Recording required information relating to the parties and the transaction
Storing copy documents where required